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.
ATCP 94.210(1)(e) (e) Ethanol.
ATCP 94.210(1)(e)1.1. Any product designated by name or reference as denatured fuel ethanol for blending with gasoline for use as automotive spark-ignition engine fuel shall meet the requirements of ASTM D4806.
ATCP 94.210(1)(e)2. 2. Any product designated by name or reference as fuel ethanol for automotive spark-ignition engines shall meet the requirements of ASTM D5798.
ATCP 94.210(1)(f) (f) Documentation. Any person who distributes gasoline products which contain one percent or more by volume of ethyl alcohol or methyl alcohol, or both, shall state on any invoice, bill of lading, shipping paper, or other documentation accompanying the shipment used in normal and customary business practices, the type and percentage of alcohol rounded to a whole number or half number equal to or less than the determined percentage.
ATCP 94.210(1)(g) (g) MTBE content.
ATCP 94.210(1)(g)1.1. Except as provided in subd. 2., gasoline, automotive gasoline, gasoline-alcohol fuel blends, and reformulated gasoline, as defined in s. 285.37 (1), Stats., beginning on August 1, 2004, may not contain more than 0.5%, by volume, of methyl tertiary-butyl ether.
ATCP 94.210(1)(g)2. 2. Racing fuel used at racing events or in preparation for racing events may contain any amount of methyl tertiary-butyl ether.
ATCP 94.210(2) (2)Aviation fuels.
ATCP 94.210(2)(a)(a) Aviation gasoline. Any fuel product designated by name or reference as aviation gasoline shall meet the requirements of ASTM D910, D6227, or D7547.
ATCP 94.210(2)(b) (b) Aviation turbine fuel. Any fuel product designated by name or reference as aviation turbine fuel shall meet the requirements of ASTM D1655.
ATCP 94.210 History History: R. and recreate from Ind 10.03, Register, July, 1980, No. 295, eff. 8-1-80; Table 10.04-B1 reprinted to correct error, Register, September, 1980, No. 297; r. and recr. (1) (c) and Table 48.04-B1, cr. (1) (d), Register, February, 1986, No. 362, eff. 3-1-86; CR 03-011: am. (1) (b) and (2), r. Tables 48.04-B1, B2, and C, cr. (1) (e), Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.04, renum. (1) (intro.) to (e) to be (1) (a) to (d), (f) and (g) and am., Table 48.04-A to be Table 48.500, am. (1) (title) and (2), cr. (1) (a) (title) and (e) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.500 and am. (1) (b), (c) 1., (d) 1., 4., (2) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 94.220 ATCP 94.220Kerosene specifications. Any fuel product designated by name or reference as “kerosene" or “kerosine" shall meet the requirements specified in ASTM D3699.
ATCP 94.220 History History: R. and recr. from Ind 10.03, Register, July, 1980, No. 295, eff. 8-1-80; am. table, Register, May, 1984, No. 341, eff. 6-1-84; r. and recr. table, Register, February, 1986, No. 362, eff. 3-1-86; CR 03-011: am., r. Table 48.05 Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.05 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.510 and am. Register December 2010 No. 660, eff. 1-1-11.
ATCP 94.230 ATCP 94.230Fuel oil specifications. Any petroleum product designated by name or reference as No. 1 fuel oil to No. 6 fuel oil shall meet the requirements specified in ASTM D396.
ATCP 94.230 History History: R. and recr. from Ind 10.01 and 10.02, Register, July, 1980, No. 295, eff. 8-1-80; am. table, Register, May, 1984, No. 341, eff. 6-1-84; r. and recr. table, Register, February, 1986, No. 362, eff. 3-1-86; CR 03-011: am., r. Table 48.06 Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.06 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.520 and am. Register December 2010 No. 660, eff. 1-1-11.
ATCP 94.240 ATCP 94.240Diesel fuel oil specifications.
ATCP 94.240(1) (1) Except as provided in subs. (2) and (6), any fuel product designated by name or reference as No. 1 diesel fuel oil to No. 4 diesel fuel oil shall meet the requirements specified in ASTM D975.
ATCP 94.240(2) (2) The flash point specification temperature for No. 2 diesel fuel oil shall be 100° Fahrenheit.
ATCP 94.240(3) (3) Biodiesel fuel meeting the requirements specified in ASTM D6751 may be added to diesel fuel meeting the requirements specified in ASTM D975.
ATCP 94.240 Note Note: Assuring compliance with ASTM D6751 is one of the goals of a BQ-9000 program administered by the National Biodiesel Accreditation Commission. This program includes the Commission's accreditation of producers, and certification of marketers – following a successful formal review and audit of the capacity and commitment of an applicant to produce or market biodiesel fuel that complies with ASTM D6751. The department will accept this accreditation and certification as adequate assurance of meeting the requirements specified in ASTM D6751.
ATCP 94.240(4) (4) Biodiesel-blended motor fuels of 6 to 20 percent biodiesel by volume shall meet the requirements of ASTM D7467.
ATCP 94.240(5) (5) Any person who distributes petroleum-source diesel fuel mixed with non-petroleum-source diesel fuel shall state on any invoice, bill of lading, shipping paper, or other documentation accompanying the shipment used in normal and customary business practices, the type and percentage of each component rounded to a whole number or half number equal to or less than the determined percentage.
ATCP 94.240(6) (6) Substitute a maximum sulfur level of 0.05, mass %, for the maximum sulfur level of 15 ppm in Table 1 of ASTM D975.
ATCP 94.240 Note Note: The maximum sulfur level of 15 ppm, for No. 1 and No. 2 diesel fuels in Table 1 of ASTM D975, relates to federal air-quality requirements, and may be enforced by federal authorities.
ATCP 94.240 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; r. and recr. table, Register, February, 1986, No. 362, eff. 3-1-86; CR 03-011: am., r. Table 48.06, cr. (2) to (4) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.07, am. (1) and (3), cr. (5) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.530 and am. (1), cr. (4) Register December 2010 No. 660, eff. 1-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660.
subch. III of ch. ATCP 94 Subchapter III — Inspection Procedures
ATCP 94.300 ATCP 94.300Labeling of dispensers and containers.
ATCP 94.300(1)(1)Dispensing equipment.
ATCP 94.300(1)(a)(a) General. All devices dispensing liquid fuel products at motor fuel dispensing facilities, garages, or other places where liquid fuel products are sold or offered for sale shall be marked with a conspicuous label visible on both faces of the dispensing device indicating the automotive fuel rating of the fuel product. No label may be placed so that the text is sideways or upside down.
ATCP 94.300 Note Note: The Federal Trade Commission (FTC) establishes the requirements for accurate automotive fuel ratings, which include octane ratings, certification, and posting under Title 16 CFR Part 306. Also included in Part 306 are detailed requirements for labeling retail diesel fuel dispensing devices that dispense fuel blends consisting of more than 5 percent by volume biodiesel fuel or biomass-based diesel fuel. Those detailed requirements include prescribed dispenser labels for blended fuels of 6 to 20 percent biodiesel fuel or biomass-based diesel fuel, and dispenser labels for blended fuels of more than 20 percent biodiesel fuel or biomass-based diesel fuel. The FTC requirements are available at www.ftc.gov.
ATCP 94.300 Note Note: A single label may be used to refer to multiple grades of fuel, provided all of the requirements of this section are met.
ATCP 94.300(1)(b) (b) Oxygenated gasoline dispensing device labels.
ATCP 94.300(1)(b)1.1. A device that dispenses a gasoline-ethanol fuel blend of more than 2% by volume of ethanol shall be labeled with the maximum volume percent of ethanol at all times the product is offered for retail sale.
ATCP 94.300(1)(b)2. 2. A device that dispenses a reformulated gasoline, as defined in s. 285.37 (1), Stats., that contains an oxygenate other than ethanol shall be labeled with the identity of the oxygenate at all times the product is offered for retail sale. If the reformulated gasoline contains multiple oxygenates, the label shall identify the predominate oxygenate based upon volume percent.
ATCP 94.300 Note Note: Reformulated gasoline is defined in section 285.37 (1) of the Statutes, as gasoline formulated to reduce emissions of volatile organic compounds and toxic air pollutants as provided in 42 USC 7545 (k) (1) to (3). The addition of an oxygenate to a fuel alone does not create a reformulated gasoline, other criteria specified in the law must also be met.
ATCP 94.300(1)(b)3. 3. The label shall be placed on the face of the dispenser next to the name and grade of the product being dispensed. No label may be placed so that the text is sideways or upside down.
ATCP 94.300(1)(b)4. 4. The label shall be contrasting in color to the dispenser, and shall include lettering that complies with any applicable requirements in ch. 168, Stats.
ATCP 94.300 Note Note: Section 168.11 (1) (b) 1. of the Statutes reads as follows: “A device that dispenses a gasoline-ethanol fuel blend for sale at retail shall be marked or labeled with the percentage of ethanol at all times when the product is offered for sale."
ATCP 94.300(1)(b)5. 5. The label shall identify the oxygenate as either “Ethanol", “Methyl Tertiary Butyl Ether (MTBE)", “Ethyl Tertiary Butyl Ether (ETBE)", “Tertiary Amyl Methyl Ether (TAME)", “Tertiary Butyl Alcohol (TBA)", or as an other oxygenate name approved by the department.
ATCP 94.300(1)(b)6. 6. A label shall be conspicuous and legible to a customer when viewed from the driver's seat of a motor vehicle that is located within 6 feet of the dispensing device.
ATCP 94.300(1)(b)7. 7. The label shall be capable of withstanding extremes of weather conditions for at least one year and shall be resistant to gasoline, oil, grease, solvents, detergents, and water. When damaged so that they are not legible, labels shall be replaced.
ATCP 94.300(1)(b)8. 8. If a dispenser remains unlabeled after the expiration of orders issued by the department for labeling, and the owner does not file a written appeal within 15 calendar days of receiving the order, the department shall stop the sale of the product in accordance with s. ATCP 94.100 (8).
ATCP 94.300(1)(c) (c) Dual dispenser for ethanol. A dispensing device which has existed since before February 1, 2009, and which does not use a separate fueling nozzle and hose for dispensing ethanol-blended motor fuels of more than 10 percent ethanol by volume shall bear a label clearly warning any purchaser that the first gallon may have more than 10 percent ethanol by volume. This label shall be adjacent to the ethanol label that is required in par. (b), and shall comply with the requirements in par. (b) 3., 4., 6., and 7. Enforcement of this paragraph shall be in accordance with par. (b) 8.
ATCP 94.300 Note Note: Under chapter ATCP 93, fuel dispensers that are installed after February 1, 2009, must use a separate fueling nozzle and hose for dispensing any ethanol-blended motor fuels of more than 10 percent ethanol by volume, such as E-85, E-30, E-20, and E-15.
ATCP 94.300(2) (2)Storage containers.
ATCP 94.300(2)(a)(a) Gasoline and similar products. All containers for storing gasoline or any other product that has a flash point of less than 100°F when tested using either an ASTM D56 or ASTM D6450 closed tester shall be metal or equally sound nonflammable material meeting the requirements of ch. ATCP 93 or SPS 314, shall have the common name of the contents clearly labeled or painted on the exterior, and shall be substantially a bright red color. These requirements do not apply to any of the following:
ATCP 94.300(2)(a)1. 1. Fuel supply tanks connected to internal combustion or turbine engines, appliances, or any device consuming the fuel.
ATCP 94.300(2)(a)2. 2. Containers holding one gallon or less of a liquid fuel product which were filled originally by a manufacturer or a packager and which comply with the federal standards for packaging and labeling.
ATCP 94.300(2)(a)3. 3. Containers having a capacity of 275 gallons or more.
ATCP 94.300 Note Note: Chapter SPS 314 generally regulates aboveground storage of flammable and combustible liquids in containers having a capacity of less than 110 gallons, while chapter ATCP 93 regulates this storage in tanks that have a capacity of 110 gallons or more. Both of those chapters reference national standards that specify the materials which these containers or tanks must be constructed of – such as ASTM F852, which addresses portable gasoline containers for consumer use.
ATCP 94.300(2)(b) (b) Flash points of 100 °F or greater. Any fuel product that has a flash point of 100°F or greater when tested as stated in par. (a) may not be stored in any container which is in any manner colored red.
ATCP 94.300(3) (3)Identification.
ATCP 94.300(3)(a)(a) General. Any person receiving, unloading, using, offering for sale, or selling any liquid fuel product shall identify the product as to name or grade. Delivery of automotive fuel to a retail outlet shall include a certification of the automotive fuel rating, either by letter, or on the delivery ticket or other paper, as required by 16 CFR 306.10 (g).
ATCP 94.300 Note Note: Under section 168.14 (2m) (c) of the Statutes, any fuel that is represented, advertised, labeled, or otherwise promoted for sale as being a blend of biodiesel and petroleum-based diesel fuel must be at least 2 percent biodiesel fuel by volume.
ATCP 94.300(3)(b) (b) Used oils. Any person representing, advertising, promoting for sale, offering for sale, or selling any lubricating oil which has previously been used shall identify the product as such. The label shall contain the appropriate and descriptive words of “reclaimed used lubricating oil," “rerefined used lubricating oil," “recleaned used lubricating oil," or “reconditioned used lubricating oil."
ATCP 94.300(4) (4)Cleaning of dispensing equipment. Any pipeline, hose, pump, or metering device used for dispensing liquid fuel products shall be properly flushed and cleaned before dispensing a dissimilar liquid fuel product.
ATCP 94.300 Note Note: Chapter ATCP 93 has detailed requirements that apply when converting a fuel tank to storage of fuel containing more than 10 percent ethanol by volume. Those requirements address cleaning the tank, tightness testing, and equipment compatibility.
ATCP 94.300 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; renum. (1) (a) to be (4), cr. (1) (a), Register, May, 1984, No. 341, eff. 6-1-84; reprinted to correct error in (1) (a), Register, October, 1984, No. 346; r. and recr. (1), Register, February, 1986, No. 362, eff. 3-1-86; emerg. r. and recr. (1) (b), r. (1) (c), eff. 9-13-95; r. and recr. (1) (b), r. (1) (c), Register, May, 1996, No. 485, eff. 6-1-96; correction in (1) (b) 2. made under s. 13.93 (2m) (b) 7., Stats.; CR 03-011: am. (1) (a), (b) 1., 2., 3. and 5., r. and recr. (3) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.10, am. (1) (b) 9., (2) and (3) (a) Register August 2006 No. 608, eff. 9-1-06; CR 07-029: cr. (1) (c), am. (2) (a) (intro.) Register November 2008 No. 635, eff. 2-1-09; CR 10-006: renum. from Comm 48.580 and am. (1) (a), (b) 4., 8., (c), (2) (a) 2., (b), (3) (title) (a), (4), r. (1) (b) 6. Register December 2010 No. 660, eff. 1-1-11; correction in (1) (b) 8., (2) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (b) 8., (2) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 94.310 ATCP 94.310Inspection procedures.
ATCP 94.310(1) (1)Inspection of petroleum and other liquid fuel products.
ATCP 94.310(1)(a)(a) General. All petroleum and other liquid fuel products imported into and received in this state shall be subject to sampling by the department prior to being unloaded, sold, offered for sale, or used.
ATCP 94.310(1)(b) (b) Exceptions. The inspection of liquid fuel products does not apply in the following situations:
ATCP 94.310(1)(b)1. 1. Liquid fuel products previously inspected by the department at the refinery or at a marine or pipeline terminal within or without the state.
ATCP 94.310(1)(b)2. 2. Where the department permits unloading of ships or boats due to an emergency declared by the coast guard or where a permit has been granted by the department.
ATCP 94.310(1)(b)3. 3. Specialty motor fuels and liquid fuel products that will not be introduced into the wholesale or retail market stream.
ATCP 94.310(2) (2)Notification for inspection.
ATCP 94.310(2)(a)1.1. Where requested by the department, the recipient of all liquid fuel products shall notify the department's corresponding district inspection office of the receipt, between the hours of 7:45 a.m. and 4:30 p.m. on the day of the receipt, except as provided in subd. 2. or 3.
ATCP 94.310(2)(a)2. 2. Where requested by the department, the department's corresponding district inspection office shall be notified of any liquid fuel products received after 4:30 p.m. or received on a Saturday, Sunday, or any legal holiday, between the hours of 7:45 a.m. and 10:00 a.m. of the next regular working day.
ATCP 94.310(2)(a)3. 3. Where requested by the department, current delivery schedules for liquid fuel products delivered through a pipeline shall be made available to the department's corresponding district inspection office.
ATCP 94.310(2)(b) (b) If a person transfers one grade of a liquid fuel product into a container with another grade of liquid fuel product, the entire commingled product shall be deemed uninspected and the department's corresponding district inspection office shall be notified.
ATCP 94.310(2)(c) (c) If no sample is taken by an inspector within the time limit specified, the receiver or commingler shall take a representative sample in accordance with the procedures in sub. (3) (c).
ATCP 94.310(2)(d) (d) For the purpose of this section, the department shall have discretion in determining a reasonable length of time in which an inspector may take the sample.
Loading...
Loading...
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.