Chapter ATCP 93

ATCP 93.840(1)(d) (d) Corrosion protection.

ATCP 93.840(1)(e) (e) Emergency response.

ATCP 93.840(1)(f) (f) Product compatibility.

ATCP 93.840(1m) (1m) Tank registration and permitting requirements.

ATCP 93.840(2) (2) Financial responsibility documentation requirements.

ATCP 93.840(3) (3) Notification requirements.

ATCP 93.840(4) (4) Requirements for reporting obvious and suspected releases.

ATCP 93.840(5) (5) Requirements for permanently closing a tank system and for placing a tank system temporarily out of service.

ATCP 93.840(6) (6) Operator training requirements.

ATCP 93.840 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.841 ATCP 93.841 Training elements for Class B operators. Each Class B operator shall attend department-approved training in all of the following:

ATCP 93.841(1) (1) Compared with training for a Class A operator, training for a Class B operator shall provide a more in-depth understanding of operation and maintenance aspects but may cover a more narrow breadth of applicable regulatory requirements. At a minimum, the department-approved training program shall teach the Class B operator, as applicable, about the purposes, methods, and function of:

ATCP 93.841(1)(a) (a) Components of underground storage tank systems.

ATCP 93.841(1)(b) (b) Materials of underground storage tank system components.

ATCP 93.841(1)(c) (c) Methods of leak and release detection, and leak and release prevention applied to underground storage tank system components.

ATCP 93.841(1)(d) (d) Operation and maintenance requirements of this chapter which apply to underground storage tank systems and which address each of the following:

ATCP 93.841(1)(d)1. 1. Spill prevention.

ATCP 93.841(1)(d)2. 2. Overfill prevention.

ATCP 93.841(1)(d)3. 3. Leak and release detection.

ATCP 93.841(1)(d)4. 4. Corrosion protection.

ATCP 93.841(1)(d)5. 5. Emergency response.

ATCP 93.841(1)(d)6. 6. Product compatibility.

ATCP 93.841(1)(d)7. 7. Reporting and record keeping requirements.

ATCP 93.841(1)(d)8. 8. Class C operator training requirements.

ATCP 93.841(2) (2) Each Class B operator shall receive either of the following:

ATCP 93.841(2)(a) (a) Site-specific operator training that is focused only on regulatory requirements and equipment specific to the operator’s underground storage tank system facility.

ATCP 93.841(2)(b) (b) General training that encompasses all regulatory requirements and typical equipment used at UST facilities.

ATCP 93.841 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.842 ATCP 93.842 Training elements for Class C operators. Each Class C operator shall be trained by a Class A or Class B operator or complete department-approved training in all of the following:

ATCP 93.842(1) (1) Each Class C operator shall be trained to take appropriate action in response to both of the following:

ATCP 93.842(1)(a) (a) Emergencies, including situations which pose an immediate danger or threat to the public or to the environment and which require immediate action.

ATCP 93.842(1)(b) (b) Alarms caused by spills, leaks or releases from an underground storage tank system.

ATCP 93.842(2) (2) Each Class C operator shall be trained to understand the instructions specified in s. ATCP 93.830 (2) (e).

ATCP 93.842 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.850 ATCP 93.850 Acceptable training and certification processes.

ATCP 93.850(1) (1) Operator training shall include evaluation and accreditation of the operator’s knowledge of the applicable requirements in ss. ATCP 93.840 to 93.842. Thirty days after November 1, 2019:

ATCP 93.850(1)(a) (a) Training.

ATCP 93.850(1)(a)1. 1. Training must be approved in writing by the department.

ATCP 93.850(1)(a)2. 2. Requests for training approval shall be submitted on a form, TR-WM-159, supplied by the department.

ATCP 93.850(1)(a)3. 3. Requests for approval shall include sufficient information to determine if the training complies with this subsection.

ATCP 93.850(1)(a)4. 4. The department shall review and make a determination on a request for approval within 21 calendar days of receipt of the request and information necessary to complete the review.

ATCP 93.850(1)(a)5. 5. Training approval shall expire 3 years after the date of approval.

ATCP 93.850(1)(a)6. 6. Training approval may be renewed. Renewal shall be in accordance with subds. 2. to 5.

ATCP 93.850(1)(a)7. 7. The department may revoke the approval for any false statements, misrepresentation of facts, or violation of the conditions on which the approval was based.

ATCP 93.850(1)(b) (b) Attendance record.

ATCP 93.850(1)(b)1. 1. The person who obtained approval shall maintain an attendance record for at least 3 years from the date of training.

ATCP 93.850(1)(b)2. 2. The attendance record shall include all of the following:

ATCP 93.850(1)(b)2.a. a. The course name.

ATCP 93.850(1)(b)2.b. b. The course identification number assigned by the department.

ATCP 93.850(1)(b)2.c. c. The date or dates the course was held or completed.

ATCP 93.850(1)(b)2.d. d. The name of each attendee.

ATCP 93.850(1)(c) (c) Certificate requirements. Classroom or field training programs shall issue certificates signed by the trainer to each operator trained that identifies name of trainee, date trained, and operator training class completed, and lists the name of the trainer or examiner and the training company name, address, telephone number, except as noted in par. (b) 2.

ATCP 93.850(1)(d) (d) Modifications. Modifications to approved training programs shall be submitted for approval in accordance with par. (a).

ATCP 93.850(1)(e) (e) Discontinuation. The person who obtained approval shall notify the department if the training program is discontinued before the end of its approval period.

ATCP 93.850(2) (2) Acceptable methods for meeting the requirements in sub. (1) and ss. ATCP 93.840 to 93.842 include all of the following:

ATCP 93.850(2)(a) (a) Class A and Class B operators. Class A and Class B operators shall obtain a certificate from a department-approved training program.

ATCP 93.850(2)(b) (b) Class C operators. Class C operators shall obtain a certificate issued by an accredited Class A or Class B operator or a department-approved training program showing that the Class C operator has successfully completed training conducted or authorized by an accredited Class A or Class B operator for the facility where the Class C operator is employed.

ATCP 93.850(4) (4) 

ATCP 93.850(4)(a) (a) To address Class A and Class B operators who are responsible for underground storage tank systems in multiple states, the department may accept operator training verification from other states if equivalency can be established.

ATCP 93.850(4)(b) (b) Class A and Class B operators who choose to proceed under this subsection shall obtain written proof of their training verification and the state’s equivalent operator training requirements and submit for department approval.

ATCP 93.850(4)(c) (c) Class A and Class B operators who choose to proceed under this subsection shall retain a copy of the department’s letter of approval at the facility.

ATCP 93.850 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (a) 6. made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (c) made under s. 35.17, Stats., Register October 2019 No. 766; correction in (1) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register February 2022 No. 794.

ATCP 93.860 ATCP 93.860 Documentation deadlines.

ATCP 93.860(1) (1) Class A, class B, and class C operators. All Class A, Class B, and Class C operators shall obtain the documentation specified in s. ATCP 93.850 (1) (c) before assuming their responsibilities under this subchapter, except as provided in sub. (2).

ATCP 93.860(2) (2) Existing, compliant facilities.

ATCP 93.860(2)(a) (a) An incoming Class A or Class B operator for a facility that was complying with s. ATCP 93.820 immediately before that personnel change may obtain the documentation specified in s. ATCP 93.850 (1) (c) no later than 30 days after assuming the responsibilities under this subchapter.

ATCP 93.860(2)(b) (b) An incoming Class A or Class B operator for a facility that was complying with s. ATCP 93.820 immediately before that personnel change shall notify the department of the Class A or Class B operator change within 15 days of completion of the training program.

ATCP 93.860 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.

ATCP 93.870 ATCP 93.870 Record keeping.

ATCP 93.870(1) (1) The owner or operator shall maintain the documentation specified in s. ATCP 93.850 (1) (c) at the underground storage tank system site and have it immediately available for inspection by the authorized agent or the department, except as provided in sub. (2).

ATCP 93.870(1m) (1m) Owners and operators of underground storage tank systems must maintain and have available onsite for inspection documentation of designated Class A, Class B, and Class C operators and maintain records verifying that the training and retraining, as applicable, have been completed. Records must:

ATCP 93.870(1m)(a) (a) Identify all Class A, Class B, and Class C operators currently designated for the facility.

ATCP 93.870(1m)(b) (b) Include names, class of operator trained, date of assumed duties, date of each completed initial training, and any retraining.

ATCP 93.870(1m)(c) (c) Include certificates specified in s. ATCP 93.850 (1) (c) verifying completion of training or retraining.

ATCP 93.870(1m)(d) (d) Be maintained in paper or electronic form by the owner or operator for as long as Class A, Class B, and Class C operators are designated.

ATCP 93.870(2) (2) For fueling facilities that are not attended as specified in s. ATCP 93.605 (5) (a) and facilities that typically are unmanned, such as emergency generators, the owner or operator shall maintain the documentation specified in s. ATCP 93.850 (1) (c) at a readily available site and provide it for inspection to the authorized agent or the department upon request.

ATCP 93.870 Note Note: Section ATCP 93.605 (5) (a) reads as follows: To be considered as being an attended fueling facility, there shall be at least one attendant regularly on duty on a daily basis, but not necessarily during all hours of operation, to supervise, observe, and control the actual dispensing of fuel.

ATCP 93.870(3) (3) The documentation referenced in sub. (1), (1m), or (2) shall be accompanied with contact information for each designated operator, including a telephone number and mailing address.

ATCP 93.870 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19; correction in (1) (a) made under s. 35.17, Stats., Register October 2019.

ATCP 93.880 ATCP 93.880 Retraining for non-compliance.

ATCP 93.880(1) (1) If the authorized agent or the department determines that an underground storage tank system is not in compliance with release prevention and release detection requirements or exhibits a continuing pattern of non-compliance with this chapter, the department or authorized agent may order that the Class A, Class B, or Class C operators shall be retrained within 30 days.

ATCP 93.880(2) (2) Retraining under this section shall be in accordance with a directive by the department.

ATCP 93.880 Note Note: Significant operational compliance performance measures for release prevention and release detection, as developed by the U.S. environmental protection agency, are available at the following Web site: https://www.epa.gov/ust/significant-operational-compliance-soc-performance-measures.

ATCP 93.880 Note Note: Section ATCP 93.115 (3) (c) allows shutdown of any underground storage tank system for which there is a continuing violation of this chapter.

ATCP 93.880 History History: CR 17-092: cr. Register October 2019 No. 766, eff. 11-1-19.