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.
ATCP 94.310 Note Note: Saturdays, Sundays, and legal holidays are not considered regular business days.
ATCP 94.310(2)(e)1.1. A person who changes the fuel product dispensed from a tank system from a Class II or III liquid to a Class I liquid shall notify the department's corresponding district inspection office, and the new product shall be tested and approved before being dispensed.
ATCP 94.310(2)(e)2. 2. In this paragraph, “ Class I liquid" means a liquid that will give off sufficient vapor, below 100°F, to form an ignitable mixture with air near the surface of the liquid or within a test vessel; and “Class II or III liquid" means a liquid that will give off such vapor at or above 100°F.
ATCP 94.310 Note Note: Under chapter ATCP 93, the department's corresponding district inspection office must likewise be notified, and the new product must likewise be tested and approved before being dispensed, when the product dispensed from a tank system is changed from a Class I liquid to a Class II or III liquid.
ATCP 94.310 Note Note: See the Department Web site at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx for the contact information for the Department's district inspection offices.
ATCP 94.310(3) (3)Sampling procedures.
ATCP 94.310(3)(a)(a) General. A representative sample of at least 8 ounces shall be taken from every shipment of liquid fuel products, including commingled products, that is imported into and received in this state.
ATCP 94.310(3)(b) (b) Department procedures.
ATCP 94.310(3)(b)1.1. The department shall inspect and test samples collected under this section, at locations and frequencies that are designed to prevent sale of fuel products in this state which do not comply with this chapter.
ATCP 94.310(3)(b)2. 2. If the fuel product does not meet the standards specified in this chapter, the department will notify the person for whom the inspection was made that the product may not be sold, used, removed from storage, or transferred to any place for retail sale until compliance with the standards is established.
ATCP 94.310(3)(c) (c) Sampling procedures by others.
ATCP 94.310(3)(c)1.1. If the inspector does not, upon proper notice, after a reasonable length of time, take the sample as specified in sub. (2) (d), the recipient of the fuel product may open the original container and take a representative sample of not less than 8 ounces of the contents. The sample shall be immediately placed in a clean container which is in compliance with s. ATCP 94.400 (6) and (7) and which is then tightly closed.
ATCP 94.310(3)(c)2. 2. The container holding the sample taken under subd. 1. shall be identified with all of the following information:
ATCP 94.310(3)(c)2.a. a. Means of conveyance (such as from a pipeline or tank car).
ATCP 94.310(3)(c)2.b. b. Type of original container.
ATCP 94.310(3)(c)2.c. c. Product name.
ATCP 94.310(3)(c)2.d. d. Content quantity.
ATCP 94.310(3)(c)3. 3. The sample taken under this paragraph shall be held for delivery, upon demand, to the inspector. After the sample is taken, the fuel product may be unloaded, sold, offered for sale, or used the same as if sampled by the inspector. The sample shall be retained for 7 business days and then may be discarded.
ATCP 94.310 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; CR 03-011: r. (1) (a) 3., am. (3) (b) (intro.) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.09, renum. (1) (intro.) and (a) to be (1) (a) and (b), cr. (1) (b) 3., am. (2) (c), (d), (3) (intro.), (a) (intro.)., 1. and (b) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.600 and am. (1) (title), (a), (b) (intro.), 1., 3., (2) (a), (b), (3) (a), (b), (c) 1., 3., cr. (2) (e) Register December 2010 No. 660, eff. 1-1-11; correction in (3) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (3) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 94.320 ATCP 94.320Water in tanks. Water may not exceed the following depths, as measured with water-indicating paste, in any tank utilized in storing the following fuels for retail sale, except as otherwise approved by the department:
ATCP 94.320(1) (1) Gasoline-alcohol blends — 1/4 inch.
ATCP 94.320(2) (2) Aviation gas and aviation turbine fuel — 1 inch.
ATCP 94.320(3) (3) Gasoline, diesel, gasoline-ether, and other fuels — 2 inches.
ATCP 94.320 History History: CR 10-006: cr. Register December 2010 No. 660, eff. 1-1-11.
ATCP 94.330 ATCP 94.330Records.
ATCP 94.330(1) (1)Department records. The department shall keep records of each inspection made, showing all of the following:
ATCP 94.330(1)(a) (a) The time and place of each inspection.
ATCP 94.330(1)(b) (b) The product name of the liquid fuel product inspected.
ATCP 94.330(1)(c) (c) The name and address of the person for whom the inspection is made.
ATCP 94.330(2) (2)Transportation records. Every person transporting liquid fuel products shall maintain records showing the shipment or receipt of the fuel products. The department shall have free access to the records for the purpose of determining the amount of liquid fuel products shipped or received.
ATCP 94.330(3) (3)Receipt records. Every person receiving fuel products shall maintain a record of the delivery of the product, together with bills of lading, waybills, and any other documents pertinent to verifying the inventory of the product, for at least 10 years, unless approval to the contrary is obtained from the department in writing. The department shall have free access to the records for the purpose of determining the amount of fuel products shipped or received.
ATCP 94.330 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; CR 03-011: r. (1) (b) to (d), am. (3) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.11 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.700 and am. Register December 2010 No. 660, eff. 1-1-11.
subch. IV of ch. ATCP 94 Subchapter IV — Violations
ATCP 94.400 ATCP 94.400Prohibited acts.
ATCP 94.400(1) (1) No person other than an operator of a refinery or terminal may deliberately deliver, unload, direct, or transfer a lower grade of a fuel product into a storage tank system labeled as containing a higher grade of fuel product unless specifically approved in writing by an inspector.
ATCP 94.400(2) (2) Except as authorized under sub. (1), no person may deliberately deliver, unload, direct, or transfer dissimilar fuels, dissimilar octane, or a dissimilar grade of fuel products into a storage tank unless specifically approved in writing by an inspector.
ATCP 94.400(3) (3) No person may hinder, divert, or obstruct inspectors in the performance of their duties under the authority of this chapter.
ATCP 94.400(4) (4) No person may represent a motor fuel or fuel product in any manner that is contrary to the provisions and the adopted standards of this chapter, and the provisions of ch. 168, Stats.
ATCP 94.400(5) (5) No person may transfer a fuel product to any place for retail sale or offer to sell that fuel product if it has been altered after being testing under this chapter, unless either approved otherwise by the department or further testing shows the altered product complies with this chapter.
ATCP 94.400 Note Note: Blending two batches of fuel which each meet the same ASTM standard is not considered to be altering the fuel.
ATCP 94.400(6) (6) No person may deliver, place, receive, or store in any portable container any product that has a flash point of less than 100°F when tested using either an ASTM D56 or ASTM D6450 closed tester, unless the container complies with s. ATCP 94.300 (2) (a).
ATCP 94.400(7) (7) No person may deliver, place, receive, or store any fuel product that has a flash point of 100°F or more when tested using either an ASTM D56 or ASTM D6450 closed tester, in any portable container which is in any manner colored red.
ATCP 94.400 History History: CR 05-081: cr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.590, am. (1), (2), (4), renum. (5), (6) to be (6), (7) and am., cr. (5) Register December 2010 No. 660, eff. 1-1-11; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
ATCP 94.410 ATCP 94.410Reimbursement of product-analysis and investigation costs.
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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.