Register January 2020 No. 769
Chapter ATCP 94
PETROLEUM AND OTHER LIQUID FUEL PRODUCTS
Subchapter I — Administration and Enforcement
ATCP 94.100 Scope, application, and authority.
ATCP 94.110 Petition for variance, penalties, and fees.
Subchapter II — Petroleum and Other Liquid Fuel Product Specifications
ATCP 94.200 Adoption of standard specifications by reference.
ATCP 94.210 Gasoline specifications.
ATCP 94.220 Kerosene specifications.
ATCP 94.230 Fuel oil specifications.
ATCP 94.240 Diesel fuel oil specifications.
Subchapter III — Inspection Procedures
ATCP 94.300 Labeling of dispensers and containers.
ATCP 94.310 Inspection procedures.
ATCP 94.320 Water in tanks.
Subchapter IV — Violations
ATCP 94.400 Prohibited acts.
ATCP 94.410 Reimbursement of product-analysis and investigation costs.
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).
ATCP 94.100
ATCP 94.100 Scope, 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)(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)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 94.110 Petition 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(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 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(1)
(1) “Alternative liquid automotive fuel" includes all of the following:
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(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.
ATCP 94.200
ATCP 94.200 Adoption of standard specifications by reference. ATCP 94.200(1)(1)
The following standards of the
2018 Annual Book of ASTM Standards of ASTM International
are incorporated by reference into this chapter:
ATCP 94.200(1)(d)
(d) ASTM D1655-18a, standard specification for aviation turbine fuels.
