Register February 2024 No. 818
Chapter ATCP 94
PETROLEUM AND OTHER LIQUID FUEL PRODUCTS
Subchapter I — Administration and Enforcement
ATCP 94.100 Scope, application, and authority.
ATCP 94.110 Penalties, fees, and petitions for variance.
Subchapter II — Petroleum and Other Liquid Fuel Product Specifications
ATCP 94.200 Adoption of standard specifications by reference.
ATCP 94.210 Gasoline specifications.
ATCP 94.215 E15 specifications.
ATCP 94.220 Kerosene specifications.
ATCP 94.230 Fuel oil specifications.
ATCP 94.240 Diesel fuel specifications.
ATCP 94.250 Aviation fuels.
ATCP 94.260 Racing gasoline.
ATCP 94.270 E85 specifications.
Subchapter III — Inspection Procedures
ATCP 94.300 Labeling of dispensers and containers.
ATCP 94.310 Inspection procedures.
ATCP 94.320 Water in tanks.
ATCP 94.330 Department records.
ATCP 94.340 Documentation and records.
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 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.
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 occurs.
ATCP 94.100(8)(d)
(d) Immediate shutdown after failure to maintain records. Liquid fuel storage tank systems are subject to immediate shutdown if corresponding inventory, delivery, or manifest records are inaccurate, incomplete, have been falsified, or are not available for inspection within 24 hours after -
See PDF for diagram 
being requested by a person with enforcement authority under this chapter.
ATCP 94.100 Note
Note: Under ss.
ATCP 93.500 (9) and
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 ss.
ATCP 94.100 (5) and
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.
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) 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.
ATCP 94.100(8)(f)1.1. Tank systems or components are subject to shutdown for a continuing code violation under this chapter, provided all of the following conditions are met:
ATCP 94.100(8)(f)1.a.
a. An order, allowing a period for compliance of at least 15 days, is issued with a specific compliance date.
ATCP 94.100(8)(f)1.b.
b. The reinspection made after the specified compliance date shows that compliance has not been achieved.
ATCP 94.100(8)(f)2.
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).
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;
CR 21-096: am. (8) (b) to (d), r. and recr. (8) (e), cr. (8) (f), (g) Register February 2024 No. 818, eff. 3-1-24. ATCP 94.110
ATCP 94.110 Penalties, fees, and petitions for variance. 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(2)
(2)
Fees. Fees for requested
inspections, including complaint-driven inspections, shall be assessed in accordance with s.
ATCP 94.410.
ATCP 94.110(3)(a)(a) The department
may grant a variance to a provision of this chapter. A
separate
petition for
variance
must
be
submitted to
the department for each
fuel
type and
shall
include all
of the following:
ATCP 94.110(3)(a)4.
4. Evidence that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned.
ATCP 94.110(3)(b)
(b) The department will respond within 30 days of receipt of complete petitions.
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;
CR 21-096: am. (title), (2), renum. (3) to (3) (a) (intro.) and am., cr. (3) (a) 1. to 8., (b) Register February 2024 No. 818, eff. 3-1-24. ATCP 94.120(1)
(1) “
Alternative liquid automotive fuel” includes all of the following:
ATCP 94.120(1)(a)
(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.
ATCP 94.120(2)(b)
(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.
ATCP 94.120(2)(c)
(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.
