Chapter Comm 10 Changes in the Environmental and Regulatory Services (ERS) Division

As reported in earlier issues of this newsletter, a comprehensive update is currently underway in the ERS Division for the Wisconsin Administrative Code chapter that addresses storing, transporting and dispensing flammable, combustible and hazardous liquids.

These liquids, such as gasoline, are an important and sometimes essential element in enhancing our daily life. However, the liquid and vapor phases of these products migrate very easily, which can result in serious fire, environmental, and health-exposure risks.

In May 2008, the division met with its Comm 10 Code Advisory Committee and presented an in-depth response to the nearly 80 pages of testimony we received in conjunction with the public hearings we held last year on our proposed rule changes. This response included numerous substantive revisions to the proposed rules, particularly in areas relating to fire safety, environmental protection, cost-effectiveness, readability, and applicability to existing facilities. The advisory committee accepted the changes that we made in response to the Hearing testimony, and the committee suggested several additional improvements as well.

In July, we completed revising the proposed update to address the committee's suggestions. We obtained written support of the update, from the Wisconsin Petroleum Marketers and Convenience Store Owners Association; and we then transmitted the rule package to legislative review. On August 20th, we presented an overview of the update to the Legislature's Assembly Committee on Natural Resources.

Through this link, by selecting "Proposed Comm 10" in the column titled "Public Notice," you can view the complete final draft of the rules that we transmitted for legislative review. Further information on the efforts and activities associated with this code update is available through the other topics listed in the "Public Notice" column.

We anticipate that this update will be adopted later this year, and that it will have a two-month delayed effective date of February 1, 2009. This delay will allow small businesses and others to adjust to the new rules. We are planning to conduct a series of training sessions at strategic locations throughout the State, to help with the adjustments.

As this code update progresses further through the rule promulgation process, this Web site will be updated accordingly, such as to include the rules in final form, after they are adopted.

-- Sam Rockweiler

File reference: Comm 10/08.08 Newsletter