Chapter SPS 348
PETROLEUM AND OTHER LIQUID FUEL PRODUCTS
Subchapter I — Administration and Enforcement
SPS 348.100 Scope, application, and authority.
SPS 348.110 Petition for variance, penalties and fees.
Subchapter II — Petroleum and Other Liquid Fuel Product Specifications
SPS 348.200 Adoption of standard specifications by reference.
SPS 348.210 Gasoline specifications.
SPS 348.220 Kerosene specifications.
SPS 348.230 Fuel oil specifications.
SPS 348.240 Diesel fuel oil specifications.
Subchapter III — Inspection Procedures
SPS 348.300 Labeling of dispensers and containers.
SPS 348.310 Inspection procedures.
SPS 348.320 Water in tanks.
Subchapter IV — Violations
SPS 348.400 Prohibited acts.
SPS 348.410 Reimbursement of product-analysis and investigation costs.
Ch. SPS 348 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.
SPS 348.100
SPS 348.100
Scope, application, and authority. SPS 348.100(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.
SPS 348.100(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.
SPS 348.100(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.
SPS 348.100(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.
SPS 348.100(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.
SPS 348.100(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.
SPS 348.100(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.
SPS 348.100(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:
SPS 348.100(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:
SPS 348.100(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.
SPS 348.100(8)(c)
(c)
Immediate shutdown after a prohibited act. Liquid fuel storage systems are subject to immediate shutdown after any corresponding violation of
s. SPS 348.400 (1) or
(2) occurs.
SPS 348.100(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.
SPS 348.100 Note
Note: Under sections
SPS 310.500 (9) and
348.330 (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
SPS 348.100 (5) and
348.330 (3), these records must be made available for inspection by the Department. Section
SPS 310.500 (9) also requires maintaining several other types of records for retail storage tank systems.
SPS 348.100 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
SPS 310.503. For further information about inventory control or statistical inventory reconciliation, which are prescribed methods of leak detection, see section
SPS 310.515 (2) or
(6), respectively.
SPS 348.100(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:
SPS 348.100(8)(e)1.
1. An order is issued with a specific compliance date and a period for compliance.
SPS 348.100(8)(e)2.
2. The first reinspection made after the specified compliance date shows that compliance has not been achieved.
SPS 348.100(8)(e)4.
4. Reinspection after the second compliance date shows that compliance is still not achieved.
SPS 348.100(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.
SPS 348.100 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.
SPS 348.110
SPS 348.110
Petition for variance, penalties and fees. SPS 348.110(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.
SPS 348.110(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.
SPS 348.110 Note
Note: Chapter
SPS 303 requires the submittal of a petition for variance form (ERS-9890A) 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.
SPS 348.110 Note
Note: Form ERS-9890A is available from the Division of Environmental and Regulatory Services, at P.O. Box 7839, Madison, WI 53707-7839, or at telephone 608/266-7874 and 608/264-8777 (TTY), or at the Division's Web site for petroleum and tanks at
www.dsps.wi.gov.
SPS 348.110 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.
SPS 348.120(1)
(1) "Alternative liquid automotive fuel" includes all of the following:
SPS 348.120(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;
