DATCP Docket No. 24-R-09 Hearing Draft Rule
Rules Clearinghouse No. May 8, 2025
THE DEPARTMENT OF AGRICULTURE, TRADE
AND CONSUMER PROTECTION’S
PROPOSED ORDER TO ADOPT PERMANENT RULES
PROPOSED ORDER
The Wisconsin department of agriculture, trade and consumer protection proposes the following rule to amend ATCP 94.100 (2) and ATCP 94.200 (1) (intro.), (a), (b), (c), (d), (e), (g), (h), (i), (j), (k), and (L) relating to petroleum product inspections and affecting small businesses.
Analysis Prepared by the Department
of Agriculture, Trade and Consumer Protection
This rule implements Wis. Stat. ch. 168, subch. I, which directs the department of agriculture, trade and consumer protection (department) to promulgate rules related to minimum product grade specifications of petroleum and other liquid fuels. Statutes Interpreted
Statutory Authority
Explanation of Statutory Authority
_Hlk190411226The department has authority, under Wis. Stat. s. 168.04 (1), to promulgate rules that prescribe minimum product grade specifications for petroleum and other liquid fuel products. Wisconsin Stat. s. 168.04 (3) states that, except as otherwise provided in this section, rules promulgated under this section shall be in conformity with nationally recognized standards, specifications, and classifications, such as those published by ASTM International. The department has authority, under Wis. Stat. s. 168.16 (4), to promulgate reasonable rules relating to the administration and enforcement of Wis. Stat. ch. 168, subch. I. Related Statutes and Rules
Wisconsin Stat. ch. 168, subch. I, titled Petroleum Product Inspections, grants the department authority to promulgate rules related to product grade specifications and to administration and enforcement of the subchapter. Wisconsin Admin. Code ch. ATCP 93 implements Wis. Stat. ch. 168, subch. II, titled Storage of Dangerous Substances. Wisconsin Admin. Code ch. Chapter ATCP 93 establishes the appeals process for a system shutdown, which applies to both storage systems and the fuels contained within them. Plain Language Analysis
Background
The department administers numerous rules that adopt recognized national and international standards by incorporating them through reference. Wisconsin Admin. Code ch. ATCP 94 adopts standards set by ASTM International for the specification, composition, and testing methods of the regulated petroleum and liquid fuel products. Since Wis. Admin. Code ch. ATCP 94 was last revised in February 2024, most of these ASTM standards have updated. Rule Content
General
This rule updates standards incorporated by reference and makes other minor clarifying and corrective changes, as well as typical stylistic changes that may occur during rulemaking.
Standards Incorporated by Reference
Chapter ATCP 94 of Wisconsin Administrative Code incorporates ASTM standards by reference, and those standards frequently update due to recommended changes by national and international experts in the industry. Quoting the Environmental Protection Agency (EPA), “Industry standards are technical guidelines created by experts in a particular industry for use throughout that industry. These guidelines assist in establishing common levels of safety and common practices for manufacture, maintenance, and repair. Standards-developing organizations use a consensus process to establish the minimum accepted industry practice.” The department researched which standards in Wis. Admin. Code s. ATCP 94.200 updated since the February 2024 revision. The standards in question are readily available in published form through the publishers or online. The department compared the current standards to the proposed updated standards and recommends the adoption of all. The following table highlights changes: STANDARD | TITLE | STAKEHOLDERS | EFFECT |
ASTM D396-24 | Standard Specification for Fuel Oils | Fuel refineries, terminals, and retailers | Removal of EPA reference to 40 CFR Part 80. |
ASTM D910-24 | Standard Specification for Leaded Aviation Gasolines | Fuel refineries, terminals, and retailers; Aviation industry | Removal and replacement of a leaded aviation test method. |
ASTM D975-24a | Standard Specification for Diesel Fuel | Fuel refineries, terminals, and retailers | Updated reference to EPA 40 CFR Part 1090. Additional test methods added. |
ASTM D1655-24b | Standard Specification for Aviation Turbine Fuels | Fuel refineries, terminals, and retailers; Aviation industry | New definitions added and minor editorial changes. |
ASTM D3699-24 | Standard Specification for Kerosine | Fuel refineries, terminals, and retailers | New test methods added due to discontinuation of laboratory equipment. |
ASTM D4806-21a | Standard Specification for Denatured Fuel Ethanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel | Fuel refineries and terminals | Not Changed |
ASTM D4814-24b | Standard Specification for Automotive Spark-Ignition Engine Fuel | Fuel refineries, terminals, and retailers | Lowering minimum T50 distillation temperature from 150°F to 145°F for Class D and E fuels. Changes to United States volatility schedule. No changes for Wisconsin volatility. |
ASTM D5798-21 | Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines | Fuel refineries, terminals, and retailers | Not changed |
ASTM D6227-24a | Standard Specification for Unleaded Aviation Gasoline Containing a Non-hydrocarbon Component | Fuel refineries, terminals, and retailers | Added definitions and table reformatting for ease of reading. |
ASTM D6751-24 | Standard Specification for Biodiesel Fuel Blendstock (B100) for Middle Distillate Fuels | Fuel refineries and terminals | Added definitions and table reformatting for ease of reading. |
ASTM D7467-23 | Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20) | Fuel refineries, terminals, and retailers | Clarification of biodiesel grades and alignment with other ASTM specifications. |
ASTM D7547-23 | Standard Specification for Hydrocarbon Unleaded Aviation Gasoline | Fuel refineries, terminals, and retailers; Aviation industry | Clarification of dye color and amount used in hydrocarbon unleaded aviation gasoline. |
Summary of and Comparison with Existing or Proposed
Federal Statutes and Regulations
The federal Clean Air Act (CAA) authorizes the EPA to establish emissions standards for motor vehicles to address air pollution that may reasonably be anticipated to endanger public health or welfare. EPA also has authority to establish fuel controls to address such air pollution. 40 CFR Parts 79, 85, 86, and 1090 establish fuel quality and emissions standards by rule, which are enforced by EPA. These rules incorporate by indirect reference ASTM International standards and test methods. To reduce the risk of ozone-related health problems, EPA regulates the vapor pressure of gasoline sold at retail stations during the summer ozone season to reduce evaporative emissions from gasoline that contribute to ground-level ozone, which might contribute to ozone-related health problems.
