Comm 10 Readability Project

During the public hearing phase of the Ch. Comm 10, Flammable and Combustible Liquids Code revision process, various comments were expressed regarding Comm 10 expressing that the code is: not user-friendly, poorly formatted, ambiguous, difficult to read, etc. Ch. Comm 10 is the code that regulates the storage, handling and use of gasoline, diesel fuel, heating fuel and other flammable, combustible and hazardous liquids.

The department initiated a readability project to determine the extent of readability issues and methods to enhance code readability. Eleven organizations that are significant stakeholders associated with the Comm 10 regulations and represented on the Comm 10 Code Revision Committee were solicited for participation on the Comm 10 readability project. The charge to each organization was to provide the department with what its members perceive the readability issues with the proposed Comm 10 code to be and suggest how to resolve the problems. The specific readability issues that the stakeholders were charged with addressing were:

1. The code is ambiguous
2. The code is difficult to read
3. The code is not well organized

The comments have generated some modifications to the code revision proposal, including:

Clarifying references to other sections of Comm 10: We reviewed all of Comm 10's cross-references to other sections of Comm 10, and expanded them wherever practical, to describe the requirements that are being referenced, so code readers can see whether they need to read the cross-referenced section.

Clarifying references to adopted standards: We reviewed all of Comm 10's cross-references to adopted national standards, and expanded them wherever practical, to identify the specific section or sections that apply, so readers can more easily find the applicable requirement in the referenced standard.

Clarifying exceptions and exemptions: Wherever a sentence began with "Except . . . ," we moved the reference to the exception, to the end of the sentence, so readers can consistently see and understand a requirement before seeing where it does not apply.

Clarifying references to required forms: Wherever the Hearing draft referred to a submitting a form or other document, we reviewed the rule text and modified it where needed, to clearly convey which form or document is needed, and how to obtain it.

Clarifying responsibilities: Wherever the Hearing draft referred to a responsibility of an owner or operator or both, we reviewed the rule text and modified it where needed, to clearly convey who has the responsibility. For example, owners are solely responsible for plan submittals, tank registrations and permits; operators are solely responsible for maintaining operating records; either owners or operators are responsible for reporting releases and for having inspections or assessments performed; and owners and operators are jointly responsible for maintaining financial responsibility (a.k.a. insurance coverage).

Clarifying retroactivity: We reviewed all of Comm 10's requirements that are intended to be retroactive, and modified them wherever needed, to clearly convey that they apply to both new and existing facilities. We also clarified any new-facility requirements that may have unintentionally implied that they also applied to existing facilities.

The Flammable and Combustible Liquids Code was significantly revised and implemented in 1991 as a result of the Federal EPA underground storage tank regulations. The current code revision process that began in June 2000 is intended to address changes in technology, trends and environmental, fire and life safety issues that have appeared during the past 16 years.

-- Sheldon Schall and Sam Rockweiler