Section 1. ATCP 94.100 (8) (b) is amended to read:
ATCP 94.100 (8) (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 immediately 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.
Section 2. ATCP 94.100 (8) (b) (Note) is created to read:
ATCP 94.100 (8) (b) Note: To obtain supervision of a person with enforcement authority under this chapter, contact the department. See the department website at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx for the contact information for the inspectors. Section 3. ATCP 94.100 (8) (c), (d), and (Note 1) are amended to read:
ATCP 94.100 (8) (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. (c) Shutdown Immediate shutdown after failure to maintain records. Liquid fuel storage tank
systems are subject to immediate shutdown if corresponding inventory, delivery, or manifest records either
are inaccurate, incomplete, have been falsified, or are not available for inspection within 24 hours after (See PDF for image)
being requested by a person with enforcement authority under this chapter.
Note: Under sections ATCP 93.500 (9) and ATCP 94.330 (3) 94.340 (4), 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) 94.340 (4), 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. Section 4. ATCP 94.100 (8) (e) is repealed and recreated to read:
ATCP 94.100 (8) (e) Immediate shutdown for labeling discrepancies. Liquid fuel storage tank systems are subject to immediate shutdown if the product identification at the tank fill is labeled differently than the product identification at the device dispensing fuel from the tank.
Section 5. ATCP 94.100 (8) (f) and (g) are created to read:
ATCP 94.100 (8) (f) Shutdown after continued violation.
1. Tank systems or components are subject to shutdown for a continuing code violation under this chapter, provided all of the following conditions are met:
a An order, allowing a period for compliance of at least 15 days, is issued with a specific compliance date.
b. The reinspection made after the specified compliance date shows that compliance has not been
achieved.
2. If compliance is not achieved by the 15-day compliance date as in subd. 1. a., any additional inspections may result in a reinspection fee per the special inspection fees listed in s. ATCP 93.1605 (5). (g) Appeals. Any appeal to a shutdown order must be filed pursuant to s. ATCP 93.190. Section 6. ATCP 94.110 (Title), (2), and (3) (Title) are amended to read:
ATCP 94.110 Petition Penalties, fees, and petitions for variance, penalties and fees.
(1) FEES. Fees for requested inspections, including complaint-driven inspections, shall be assessed in accordance with ch. SPS 302 s. ATCP 94.410. (2) PETITION PETITIONS FOR VARIANCE.
Section 7. ATCP 94.110 (3) is renumbered ATCP 94.110 (3) (a) and amended to read:
ATCP 94.110 (3) (a) 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. A separate petition for variance must be submitted
to the department for each fuel type and shall include all of the following:
Section 8. ATCP 94.110 (3) (a) 1., 2., 3., 4., 5., 6., 7., 8., and (b) are created to read:
ATCP 94.110 (3) (a) 1. Requester’s name and address.
2. Type of business.
3. Product description, intended use and specification sheet.
4. Evidence that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned.
5. Reason for the request.
6. Signature and title of the requester.
7. Date of the request.
8. The fee of $300.
(b) The department will respond within 30 days of receipt of complete petitions.
Section 9. ATCP 94.110 (3) (Note1) is repealed.
SECTION 10. ATCP 94.120 is repealed and recreated to read: ATCP 94.120 Definitions. In this chapter:
(1) “Alternative liquid automotive fuel” includes all of the following:
(a) Mixtures containing more than 16.1 percent by volume of butanol or 15 percent by volume of methanol, denatured ethanol, other alcohols, or any combination thereof with gasoline or other fuels.
(b) Biodiesel over B5.
(c) Coal−derived liquid fuels.
(d) Other liquid automotive fuels not defined by this chapter.
(2) “Automotive fuel rating” means:
(a) For gasoline, the octane rating.
(b) For an alternative liquid automotive fuel other than biodiesel, biomass-based diesel, biodiesel blends, biomass-based diesel blends, and ethanol flex fuels, the commonly used name of the fuel with a disclosure of the amount, expressed as the minimum percentage by volume, of the principal component of the fuel. A disclosure of other components, expressed as the minimum percentage by volume, may be included, if desired.
(c) For biomass-based diesel, biodiesel, biomass-based diesel blends with more than 5 percent biomass-based diesel, and biodiesel blends with more than 5 percent biodiesel, a disclosure of the biomass-based diesel or biodiesel component, expressed as the percentage by volume.
(d) For ethanol flex fuels, a disclosure of the ethanol component, expressed as the percentage by volume and the text “Use Only in Flex-Fuel Vehicles/May Harm Other Engines.”
(3) “Automotive gasoline” means a type of gasoline suitable for use in spark ignition automobile
