Ch. ATCP 94 Note 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).
subch. I of ch. ATCP 94 Subchapter I — Administration and Enforcement
ATCP 94.100 ATCP 94.100Scope, application, and authority.
ATCP 94.100(1)(1)Scope. 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.
ATCP 94.100(2) (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.
ATCP 94.100(3) (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.
ATCP 94.100(4) (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.
ATCP 94.100(5) (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.
ATCP 94.100(6) (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.
ATCP 94.100(7) (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.
ATCP 94.100(8) (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:
ATCP 94.100(8)(a) (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:
ATCP 94.100(8)(a)1. 1. Heating oil that is contaminated with gasoline.
ATCP 94.100(8)(a)2. 2. Kerosene that is contaminated with gasoline.
ATCP 94.100(8)(a)3. 3. Aircraft fuel that is contaminated with any substance.
ATCP 94.100(8)(b) (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.
ATCP 94.100(8)(c) (c) 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) or (2) occurs.
ATCP 94.100(8)(d) (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 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 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) or (6), respectively.
ATCP 94.100(8)(e) (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:
ATCP 94.100(8)(e)1. 1. An order is issued with a specific compliance date and a period for compliance.
ATCP 94.100(8)(e)2. 2. The first reinspection made after the specified compliance date shows that compliance has not been achieved.
ATCP 94.100(8)(e)3. 3. A second compliance date is set with a period for compliance.
ATCP 94.100(8)(e)4. 4. Reinspection after the second compliance date shows that compliance is still not achieved.
ATCP 94.100(8)(e)5. 5. 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 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 ATCP 94.110Petition for variance, penalties, and fees.
ATCP 94.110(1)(1)Penalties. 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.
ATCP 94.110(2) (2)Fees. Fees for inspections shall be assessed in accordance with ch. SPS 302.
ATCP 94.110(3) (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 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 Note Note: Form TR-WM-129 is available from the Bureau of Weights and Measures, at P.O. Box 8911, Madison, WI 53708-8911, or (608) 224-4942 or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.
ATCP 94.110 History 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.
ATCP 94.120 ATCP 94.120Definitions. In this chapter:
ATCP 94.120(1) (1) “Alternative liquid automotive fuel" includes all of the following:
ATCP 94.120(1)(a) (a) Methanol, denatured ethanol, and other alcohol;
ATCP 94.120(1)(b) (b) Mixtures containing 85% or more by volume, or such other percentage, but not less than 70%, as determined by the secretary of the United States department of energy by rule, of methanol, denatured ethanol, and/or other alcohols with gasoline or other fuels;
ATCP 94.120(1)(c) (c) Biofuels; and
ATCP 94.120(1)(d) (d) Coal-derived liquid fuels.
ATCP 94.120(2) (2) “Automotive fuel rating" means:
ATCP 94.120(2)(a) (a) For gasoline, the octane rating; or
ATCP 94.120(2)(b) (b) For an alternative liquid automotive fuel, the commonly used name of the fuel with a disclosure of the amount, expressed as a minimum percentage by volume, of the principal component of the fuel.
ATCP 94.120(3) (3) “Biodiesel fuel" means a fuel that is comprised of monoalkyl esters of long chain fatty acids derived from vegetable oils or animal fats.
ATCP 94.120(4) (4) “Biofuels" means any fuel that is derived from biomass.
ATCP 94.120(5) (5) “Department" means the department of agriculture, trade and consumer protection.
ATCP 94.120(6) (6) “Inspection" means collection of product samples, qualitative determination by visual assessment and laboratory testing, and verification of associated product-shipping and storage records.
ATCP 94.120(7) (7) “Inspector" means a duly authorized fuel-products inspector of the department.
ATCP 94.120(8) (8) “Motor fuel" means a flammable or combustible liquid which is used in the operation of an internal combustion or turbine engine and which is regulated by either the product specifications in subch. II or the labeling requirements in s. ATCP 94.300.
ATCP 94.120(9) (9) “Petroleum and other liquid fuel products," “liquid fuels," and “fuel products" means gasoline, gasoline/alcohol-ether blends, aviation gasoline, automotive gasoline, kerosene, fuel oil, burner fuel, diesel fuel, biofuels, and blends of petroleum-based fuels and biofuels.
ATCP 94.120(10) (10) “Reclaimed used lubricating oil", “recleaned used lubricating oil," or “reconditioned used lubricating oil" means used oil which has been cleaned by cleaning methods used for the primary purpose of removing insoluble contaminants to make the oil suitable for further use. In this subsection, “cleaning method" includes settling, heating, dehydration, filtration, or centrifuging.
ATCP 94.120(11) (11) “Red-tag" means a red tag secured to a component of a storage or dispensing system, which gives notice that the system or the product stored is under enforcement action for failure to comply with the requirements of either this chapter or ch. ATCP 93, and which prohibits operation of the system until the tag is removed by an inspector.
ATCP 94.120(12) (12) “Rerefined used lubricating oil" means used oil on which refining processes have been used to produce high-quality base stock for lubricants. In this subsection, “refining process" includes distillation, hydrotreating, or treatments employing acid, caustic, solvent, clay, or other chemicals, or a combination of those processes.
ATCP 94.120 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; cr. (6) and (7), Register, February, 1986, No. 362, eff. 3-1-86; CR 03-011: r. and recr. Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.03, renum. (1) (d), (e) and (3) to (7) to be (1) (c), (d), (5), (7), (9), (10), (12) and am., am. (1) (a), r. (1) (c), cr. (3), (4), (6), (8) and (11) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.300 and am. (1) (intro.), (7) to (9) 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 (5), (8), (11) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; corrections in (5), (8), (11) made under s. 13.92 (4) (b) 6., 7., Stats., October 2013 No. 694.
subch. II of ch. ATCP 94 Subchapter II — Petroleum and Other Liquid Fuel Product Specifications
ATCP 94.200 ATCP 94.200Adoption of standard specifications by reference.
ATCP 94.200(1)(1) The following standards of the 2015 Annual Book of ASTM Standards of the American society for testing and materials are incorporated by reference into this chapter:
ATCP 94.200(1)(a) (a) ASTM 396-15c, standard specification for fuel oils.
ATCP 94.200(1)(b) (b) ASTM D910-15, standard specification for aviation gasolines.
ATCP 94.200(1)(c) (c) ASTM D975-15c, standard specification for diesel fuel oils.
ATCP 94.200(1)(d) (d) ASTM D1655-15de1, standard specification for aviation turbine fuels.
ATCP 94.200(1)(e) (e) ASTM D3699-13be1, standard specification for kerosine.
ATCP 94.200(1)(f) (f) ASTM D4806-15, standard specification for denatured fuel ethanol for blending with gasolines for use as automotive spark-ignition engine fuel.
ATCP 94.200(1)(g) (g) ASTM D4814-15a, standard specification for automotive spark-ignition engine fuel.
ATCP 94.200(1)(h) (h) ASTM D5798-15, standard specification for ethanol fuel blends for flexible-fuel for automotive spark-ignition engines.
ATCP 94.200(1)(i) (i) ASTM D6227-14, standard specification for unleaded aviation gasoline containing a non-hydrocarbon component.
ATCP 94.200(1)(j) (j) ASTM D6751-15c, standard specification for biodiesel fuel blend stock (B100) for middle distillate fuels.
ATCP 94.200(1)(k) (k) ASTM D7467-15c, standard specification for diesel fuel oil, biodiesel blend (B6 to B20).
ATCP 94.200(1)(L) (L) ASTM D7547-15, standard specification for hydrocarbon unleaded aviation gasoline.
ATCP 94.200(2) (2) Where no ASTM standard exists, other generally recognized national consensus standards may be used.
ATCP 94.200 Note Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the standards may be purchased from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshokocken, PA 19428–2959, telephone 877-909–2786, e-mail service@astm.org, or Web site www.astm.org.
ATCP 94.200 Note Note: Pursuant to section 168.07 (2) of the Statutes, inspections to determine compliance with specifications prescribed by the department must be conducted in accordance with the latest ASTM methods.
ATCP 94.200 History History: CR 03-011: cr. Register December 2003 No. 576, eff. 1-1-04; CR 05-081: r. and recr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.400 and am. (title), (1) (a) to (f), (h), (j), cr. (1) (k), (L) Register December 2010 No. 660, eff. 1-1-11; CR 14-047: am. (1) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (1) (intro.), (a) to (h), (j) to (L) Register August 2016 No. 728, eff. 9-1-16.
ATCP 94.210 ATCP 94.210Gasoline specifications.
ATCP 94.210(1) (1)Gasoline, automotive gasoline, alcohol, and gasoline/alcohol-ether blends.
ATCP 94.210(1)(a)(a) General. Gasoline, automotive gasoline, and gasoline/alcohol-ether blends sold or offered for sale in this state shall be visually free of undissolved water, sediment, and suspended matter, and shall be clear and bright at the ambient temperature or 70°F (21°C), whichever is higher.
ATCP 94.210(1)(b) (b) Gasoline. Any fuel product designated by name or reference as gasoline shall meet the requirements of Table 94.210.
Table 94.210
Minimum Requirements For Gasoline - See PDF for table PDF
ATCP 94.210(1)(c) (c) Automotive gasoline.
ATCP 94.210(1)(c)1.1. Except as provided in subd. 2., any fuel product designated by name or reference as automotive gasoline shall meet the requirements of ASTM D4814.
ATCP 94.210(1)(c)2. 2. Substitute a maximum sulfur level of 0.10, mass %, for the maximum sulfur level of 0.0350, mass %, in Table 2 of ASTM D4814.
ATCP 94.210 Note Note: The maximum sulfur level of 0.0350, mass %, in Table 2 of ASTM D4814, relates to federal air-quality requirements, and may be enforced by federal authorities.
ATCP 94.210(1)(d) (d) Gasoline/oxygenate blends.
ATCP 94.210(1)(d)1.1. Anhydrous denatured alcohol may be added to gasoline if the original gasoline product meets the requirements of par. (b) or (c).
ATCP 94.210(1)(d)2. 2. The alcohol content for ethyl alcohol may not exceed a concentration of 10 volume percent.
ATCP 94.210(1)(d)3. 3. The alcohol content for methyl alcohol may not exceed a concentration of one volume percent.
ATCP 94.210(1)(d)4. 4. Other oxygenated fuels shall be acceptable if the oxygenates are blended at the refinery in amounts allowed by the EPA and the final product conforms to the standard specification for gasoline under par. (b) or (c).
ATCP 94.210 Note Note: See paragraph (g) for restrictions relating to methyl tertiary-butyl ether.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.