Register September 2016 No. 729
Chapter ATCP 94
PETROLEUM AND OTHER LIQUID FUEL PRODUCTS
Subchapter I — Administration and Enforcement
Scope, application, and authority.
Petition for variance, penalties, and fees.
Subchapter II — Petroleum and Other Liquid Fuel Product Specifications
Adoption of standard specifications by reference.
Fuel oil specifications.
Diesel fuel oil specifications.
Subchapter III — Inspection Procedures
Labeling of dispensers and containers.
Water in tanks.
Subchapter IV — Violations
Reimbursement of product-analysis and investigation costs.
Ch. ATCP 94 Note
Chapter Ind 10 was renumbered to be chapter ILHR 48, Register, May, 1984
, eff. June 1, 1984. Chapter ILHR 48 was renumbered to be chapter Comm 48 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, October, 1996, No. 490
. Chapter Comm 48 was renumbered chapter SPS 348 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672
. Chapter SPS 348 was renumbered chapter ATCP 94 under s. 13.92 (4) (b) 1., Stats., Register October 2013 No. 694
, pursuant to 2013 Wis. Act 20
, Section 9138 (3) (fm)
and (4) (f).
ATCP 94.100 Scope, application, and authority. ATCP 94.100(1)(1)
This chapter primarily establishes quality standards for petroleum and other liquid fuel products that are used as liquid fuels for engines and heating equipment. It also establishes labeling requirements for used lubricating oils.
(2) Rule-making authority.
Under ch. 168, Stats.
, the department has authority to promulgate rules relating to grade specifications for petroleum and other liquid fuel products, and to administer and enforce the rules.
(3) Authority to enter.
The department has authority to enter any premises of any manufacturer, vendor, dealer, or user of petroleum or other liquid fuel products during the regular business hours to determine whether the fuel product has been inspected in accordance with this chapter.
(4) Authority to sample and test.
The department has authority to obtain samples of petroleum and other liquid fuel products at any point within or without this state for the purpose of testing these products in accordance with this chapter.
(5) Authority for access to records.
The department has authority to inspect the records of every person having custody of books or records showing the shipment, receipt, and inventory of petroleum or other liquid fuel products for the purpose of determining the amount of products shipped or received.
(6) Authority to perform investigations.
Any accident or explosion involving petroleum or other liquid fuel products which comes to the knowledge of the department may be investigated by the department to determine whether there has been a violation of this chapter.
(7) Authority to provide assistance to local authorities.
The department has authority, upon request of other state agencies or local authorities, to assist in the investigation of hazardous situations involving suspected or known liquid fuel products.
(8) Authority to stop sale.
Persons with enforcement authority under this chapter have authority to shut down liquid fuel storage tank systems by the issuance of orders, the disabling with locks, or applying a red-tag, under the following conditions:
(a) Immediate shutdown to protect life, safety, or health.
Liquid fuel storage systems that contain products which pose an immediate danger to life, safety, or health shall be subject to immediate shutdown. Products that pose an immediate danger to life, safety, or health include all of the following:
(b) Immediate shutdown to blend or remove liquid fuel products or wastes.
Liquid fuel storage systems that contain wastes or products which fail to meet the operational and technical standards of this chapter shall be shut down until a pump out or blend is completed under the supervision of a person with enforcement authority under this chapter. The system may be reopened as soon as the product contained in the tank is verified by a person with enforcement authority under this chapter as meeting this chapter's operational and technical standards.
Immediate shutdown after a prohibited act.
Liquid fuel storage systems are subject to immediate shutdown after any corresponding violation of s. ATCP 94.400 (1)
(d) Shutdown after failure to maintain records.
Liquid fuel storage tank systems are subject to immediate shutdown if corresponding inventory, delivery, or manifest records either have been falsified or are not available for inspection within 24 hours after being requested by a person with enforcement authority under this chapter.
ATCP 94.100 Note
Under sections ATCP 93.500 (9)
and ATCP 94.330 (3)
, all product inventory records, including delivery receipts, must be kept at the site of a retail storage tank system for a duration of at least 10 years. Under sections ATCP 94.100 (5)
and 94.330 (3)
, these records must be made available for inspection by the Department. Section ATCP 93.500 (9)
also requires maintaining several other types of records for retail storage tank systems.
ATCP 94.100 Note
For further requirements about the inventory verification that is required for any tank system from which fuel products are offered for sale to the public, see section ATCP 93.503
. For further information about inventory control or statistical inventory reconciliation, which are prescribed methods of leak detection, see section ATCP 93.515 (2)
(e) Shutdown after long term violation.
Liquid fuel storage systems containing fuel products for which there is a continuing code violation under this chapter are subject to shutdown if all of the following conditions are met:
An order is issued with a specific compliance date and a period for compliance.
The first reinspection made after the specified compliance date shows that compliance has not been achieved.
Reinspection after the second compliance date shows that compliance is still not achieved.
The owner has not filed a written appeal with the department within 15 calendar days of the date of the order.
ATCP 94.100 History
Cr. Register, July, 1980, No. 295
, eff. 8-1-80; emerg. cr. (7), eff. 9-13-95; cr. (7), Register, May, 1996, No. 485
, eff. 6-1-96; CR 05-081
: renum. from Comm 48.01, renum. (7) (c) to be (7) (d), am. (4), (5) and (7), cr. (7) (c) Register August 2006 No. 608
, eff. 9-1-06; CR 10-006
: am. (title), renum. (1) to (7) (c) and (d) to be (2) to (8) (c) and (e) and am., cr. (1), (8) (d) Register December 2010 No. 660
, eff. 1-1-11; correction in (8) (c) made under s. 13.92 (4) (b) 7.
, Stats., Register December 2011 No. 672
; correction in (8) (c) made under s. 13.92 (4) (b) 7.
, Stats., Register October 2013 No. 694
ATCP 94.110 Petition for variance, penalties, and fees. ATCP 94.110(1)(1)
Pursuant to s. 168.15
, Stats., any person who violates any provision of this chapter shall forfeit not less than $10 nor more than $100 for each violation. Each day a person fails to comply with any provision of this chapter is a separate violation.
(3) Petition for variance.
The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303
. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.
ATCP 94.110 Note
Chapter SPS 303
requires the submittal of a petition for variance form (TR-WM-129) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter SPS 303
also requires the department to process regular petitions within 30 business days and priority petitions within 10 business days. A position statement from the fire department is applicable when the rule being petitioned relates to fire safety issues.
ATCP 94.110 History
Cr. Register, July, 1980, No. 295
, eff. 8-1-80; am. Register, October, 1984, No. 346
, eff. 11-1-84; renum. (5) to be (5) (a) and cr. (5) (b), Register, April, 1985, No. 352
, eff. 5-1-85; r. and recr. (1), Register, February, 1986, No. 362
, eff. 3-1-86; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1995, No. 479
; CR 03-011
: r. and recr. (5) Register December 2003 No. 576
, eff. 1-1-04; CR 05-081
: renum. from Comm 48.02 Register August 2006 No. 608
, eff. 9-1-06; CR 10-006
: renum. from Comm 48.200, am. (1), (2), r. (3), (4) Register December 2010 No. 660
, eff. 1-1-11; correction to numbering made under s. 13.92 (4) (b) 1., Stats., Register December 2010 No. 660
; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672
“Alternative liquid automotive fuel" includes all of the following: