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 ATCP 94.110 (3) (Note1) is repealed.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 ATCP 94.120 is repealed and recreated to read: ATCP 94.120 Definitions.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
engines and also commonly used in marine and non-automotive applications.
(4) “Aviation gasoline” means a type of gasoline suitable for use as a fuel in an aviation spark- ignition internal combustion engine.
(5) “Aviation turbine fuel” means a refined middle distillate suitable for use as a fuel in an aviation
gas turbine internal combustion engine.
(6) “Biodiesel blend” means a fuel comprised of biodiesel fuel with petroleum-based diesel fuel, designated BXX. In the abbreviation BXX, the XX represents the percent by volume of biodiesel fuel in the blend.
(7) “Biodiesel fuel” means a fuel comprised of at least 99 percent by volume mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100 or B99.
(8)_ “Biofuels” means any fuel that is derived from biomass.
(9) “Biomass” means biological material including any material other than fossil fuels which is or was a living organism or component or product of a living organism.
(10)“Butanol” means butyl alcohol, the chemical compound C4H9OH, a colorless substance existing in four isomeric forms.
“(11) Department” means the Wisconsin department of agriculture, trade and consumer protection.
(12) “Diesel fuel” means a refined hydrocarbon suitable for use as a fuel in a compression-ignition (diesel) internal combustion engine that may contain a combination of biodiesel, renewable diesel, and fuel additives.
(13) “Dissimilar fuel products” means fuel products with different oxygenates, different oxygenate content by volume, different octane rating, different ASTM specifications, different biomass content by volume, or different definitions under this chapter.
(14) “E15” means gasoline containing more than ten percent ethanol by volume but not more than fifteen percent ethanol by volume.
(15) “E85” means high-level ethanol-gasoline blends containing 51 percent to 83 percent ethanol by volume, depending on geography and season.
(16) “EPA” means the United States environmental protection agency.
(17) “Ethanol” and “denatured fuel ethanol” means ethyl alcohol.
(18) “Ethanol flex fuel” means blends of ethanol and hydrocarbons restricted for use as fuel in ground vehicles equipped with flexible-fuel spark-ignition engines.
(19) “Finished fuels” means fuels that are ready to be used without requiring additional chemical or physical processing to meet adopted specifications.
(20)“Fuel oil” means refined oil middle distillates, heavy distillates, or residues of refining, or blends of these, suitable for use as a fuel for heating or power generation.
(21) “Gasoline” means a volatile mixture of liquid hydrocarbons generally containing small amounts of additives suitable for use as a fuel in a spark-ignition internal combustion engine.
(22) “Gasoline-oxygenate blend” means a fuel consisting primarily of gasoline along with more
than one percent by volume oxygenate, or more than 0.3 percent by volume methanol not to exceed the total oxygen content permitted by applicable laws and regulations.
(23) “Inspection” means collection of product samples, qualitative determination by visual assessment and laboratory testing, and verification of associated product−shipping and storage records.
(24) “Inspector” means a duly authorized fuel products inspector of the department.
(25) “Kerosene” and “kerosine” means a refined middle distillate suitable for use as a fuel for heating or illuminating.
(26) “Lead substitute” means an EPA-registered gasoline additive suitable, when added in small
amounts to fuel, to reduce or prevent exhaust valve recession or seat wear in automotive spark-ignition internal combustion engines designed to operate on leaded fuel.
(27) “Methanol” means methyl alcohol.
(28) “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. (29) “MTBE” means methyl tertiary-butyl ether.
(30) “Oxygenate” means an oxygen-containing, ashless, organic compound, such as an alcohol or ether, which can be used as a fuel or fuel supplement.
(31) “Petroleum and other liquid fuel products,” “liquid fuels,” and “fuel products” means gasoline, gasoline/alcohol-ether gasoline-oxygenate blends, aviation gasoline, aviation turbine fuel, automotive gasoline, kerosene, fuel oil, burner fuel, diesel fuel, biofuels, other liquid motor fuels, and blends of petroleum-based fuels and biofuels.
)(32) “Racing gasoline” means a specialty fuel typically used in non-road racing vehicles that is generally of lower volatility, has a narrower boiling range and a higher octane rating than gasolines made for use in conventional passenger vehicles.
(33) “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.
(34) “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 red tag is removed by or under the direction of an inspector. (35) “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.
Section 11. ATCP 94.200 (1) is amended to read:
ATCP 94.200 Adoption of standard specifications by reference.
(1) The following standards of the 2018 2023 Annual Book of ASTM Standards of ASTM
International are incorporated by reference into this chapter:
(a) ASTM D396−18 21, standard specification for fuel oils.
