Chapter ATCP 94

ATCP 94.300(1)(b)9. 9.

ATCP 94.300(1)(b)9.a. a. Labeling. Any retailer or wholesaler who sells, dispenses, or offers for sale or dispensing E15 shall comply with labeling requirements in 40 CFR 1090.1510.

ATCP 94.300(1)(b)9.b. b. Placement. The label shall be placed on the upper two-thirds of each fuel dispenser where the consumer will see the label when selecting a fuel to purchase. For dispensers with one nozzle, the label shall be placed above the button or other control used for selecting E15, or in any other manner which clearly indicates which control is used to select E15. For dispensers with multiple nozzles, the label shall be placed in the location that is most likely to be seen by the consumer at the time of selection of E15.

ATCP 94.300(1)(b)10. 10. A dispensing device which has existed since before February 1, 2009, and which does not use a separate fueling nozzle and hose for dispensing ethanol-blended motor fuels of more than 15 percent ethanol by volume shall bear a label clearly warning any purchaser that the first gallon may have more than 15 percent ethanol by volume. This label shall be adjacent to the ethanol label that is required in par. (b), and shall comply with the requirements in par. (b) 3., 4., 6., and 7.

ATCP 94.300(1)(b)11. 11. A dispensing device at a retail station may be used to dispense through the same fueling nozzle and hose gasoline-ethanol fuel blends containing greater than 10 percent and not more than 15 percent ethanol by volume, gasoline containing no ethanol, and gasoline-ethanol fuel blends containing not more than 10 percent ethanol by volume if either of the following applies:

ATCP 94.300(1)(b)11.a. a. A label satisfying the requirements under s. 168.11 (1) (b) 3., Stats., is prominently affixed to the dispensing device stating “Passenger Vehicles Only. Use in Other Vehicles, Engines and Equipment May Violate Federal Law.”; the retail station provides a device having at least one fueling nozzle and hose that dispenses only gasoline-ethanol fuel blends containing no more than ten percent ethanol by volume; and the retail station displays signs informing customers of the availability and location of the device required under this subd. 11. a.

ATCP 94.300(1)(b)11.b. b. A label satisfying the requirements under s. 168.11 (1) (b) 3., Stats., is prominently affixed to the dispensing device that states that a minimum purchase of 4 gallons is required.

ATCP 94.300 Note Note: Under chapter ATCP 93, fuel dispensers that are installed after February 1, 2009, must use a separate fueling nozzle and hose for dispensing any ethanol-blended motor fuels of more than 10 percent ethanol by volume, such as E-85, E-30, E-20, and E-15.

ATCP 94.300(2) (2) Storage containers.

ATCP 94.300(2)(a) (a) Gasoline and similar products. All containers for storing gasoline or any other product that has a flash point of less than 100°F when tested using either an ASTM D56, ASTM D93, ASTM D6450, or ASTM D7094 closed tester shall be metal or equally sound nonflammable material meeting the requirements of ch. ATCP 93 or SPS 314, shall have the common name of the contents clearly labeled or painted on the exterior, and shall be substantially a bright red color. These requirements do not apply to any of the following:

ATCP 94.300(2)(a)1. 1. Fuel supply tanks connected to internal combustion or turbine engines, appliances, or any device consuming the fuel.

ATCP 94.300(2)(a)2. 2. Containers holding a liquid fuel product which were filled originally by a manufacturer or a packager and which comply with the federal standards for packaging and labeling.

ATCP 94.300(2)(a)3. 3. Containers having a capacity of 275 gallons or more.

ATCP 94.300(2)(b) (b) Flash points of 100°F or greater. Any fuel product that has a flash point of 100°F or greater when tested as stated in par. (a) may not be stored in any container which is in any manner colored red.

ATCP 94.300(3) (3) Identification.

ATCP 94.300(3)(a) (a) General. Any person receiving, unloading, using, offering for sale, or selling any liquid fuel product shall identify the product as to name or grade. Delivery of automotive fuel to a retail outlet shall include a certification of the automotive fuel rating, either by letter, or on the delivery ticket or other paper, as required by 16 CFR 306.10 (g).

ATCP 94.300 Note Note: Under section 168.14 (2m) (c) of the Statutes, any fuel that is represented, advertised, labeled, or otherwise promoted for sale as being a blend of biodiesel and petroleum-based diesel fuel must be at least 2 percent biodiesel fuel by volume.

ATCP 94.300(3)(b) (b) Used oils. Any person representing, advertising, promoting for sale, offering for sale, or selling any lubricating oil which has previously been used shall identify the product as such. The label shall contain the appropriate and descriptive words of “reclaimed used lubricating oil,” “rerefined used lubricating oil,” “recleaned used lubricating oil,” or “reconditioned used lubricating oil.”

ATCP 94.300(4) (4) Cleaning of dispensing equipment.

ATCP 94.300(4)(a) (a) Any pipeline, hose, pump, or metering device used for dispensing liquid fuel products shall be properly flushed and cleaned before dispensing a dissimilar liquid fuel product.

ATCP 94.300(4)(b) (b) A person who changes the fuel product dispensed from a tank system to a dissimilar fuel product shall notify the inspector, and the new product shall be tested and approved before being dispensed.

ATCP 94.300 Note Note: Chapter ATCP 93 has detailed requirements that apply when converting a fuel tank to storage of fuel containing more than 10 percent ethanol by volume and more than five percent biodiesel by volume. Those requirements address cleaning the tank, tightness testing, and equipment compatibility.

ATCP 94.300 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; renum. (1) (a) to be (4), cr. (1) (a), Register, May, 1984, No. 341, eff. 6-1-84; reprinted to correct error in (1) (a), Register, October, 1984, No. 346; r. and recr. (1), Register, February, 1986, No. 362, eff. 3-1-86; emerg. r. and recr. (1) (b), r. (1) (c), eff. 9-13-95; r. and recr. (1) (b), r. (1) (c), Register, May, 1996, No. 485, eff. 6-1-96; correction in (1) (b) 2. made under s. 13.93 (2m) (b) 7., Stats.; CR 03-011: am. (1) (a), (b) 1., 2., 3. and 5., r. and recr. (3) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.10, am. (1) (b) 9., (2) and (3) (a) Register August 2006 No. 608, eff. 9-1-06; CR 07-029: cr. (1) (c), am. (2) (a) (intro.) Register November 2008 No. 635, eff. 2-1-09; CR 10-006: renum. from Comm 48.580 and am. (1) (a), (b) 4., 8., (c), (2) (a) 2., (b), (3) (title) (a), (4), r. (1) (b) 6. Register December 2010 No. 660, eff. 1-1-11; correction in (1) (b) 8., (2) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (b) 8., (2) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694: CR 21-096: am. (1) (a), (b) 1., 2., r. (1) (b) 8., cr. (1) (b) 9., renum. (1) (c) to (1) (c) 1. and am., cr. (1) (c) 2., am. (2) (a) (intro.), 2., renum. (4) to (4) (a), cr. (4) (b) Register February 2024 No. 818, eff. 3-1-24; correction in (1) (b) 9. a., 11. a. made under s. 35.17, Stats., renum. (1) (c) 1., 2. to (1) (b) 10., 11. under s. 13.92 (4) (b) 1., Stats., and (1) (c) 1. (title), 2. (title) removed under s. 13.92 (4) (b) 2., Stats., Register February 2024 No. 818.

ATCP 94.310 ATCP 94.310 Inspection procedures.

ATCP 94.310(1) (1) Inspection of petroleum and other liquid fuel products.

ATCP 94.310(1)(a) (a) General. All petroleum and other liquid fuel products imported into and received in this state shall be subject to sampling by the department prior to being unloaded, sold, offered for sale, or used.

ATCP 94.310(1)(b) (b) Exceptions. The inspection of liquid fuel products does not apply in the following situations:

ATCP 94.310(1)(b)1. 1. Liquid fuel products previously inspected by the department at the refinery or at a marine or pipeline terminal within or outside the state.

ATCP 94.310(1)(b)2. 2. Where the department permits unloading of ships or boats due to an emergency declared by the coast guard or where a permit has been granted by the department.

ATCP 94.310(1)(b)3. 3. Specialty motor fuels and liquid fuel products that will not be introduced into the wholesale or retail market stream.

ATCP 94.310(2) (2) Notification for inspection.

ATCP 94.310(2)(a) (a)

ATCP 94.310(2)(a)1. 1. Where requested by the department, the recipient of all liquid fuel products shall notify the inspector of the receipt, between the hours of 7:45 a.m. and 4:30 p.m. on the day of the receipt, except as provided in subd. 2. or 3.

ATCP 94.310(2)(a)2. 2. Where requested by the department, the inspector shall be notified of any liquid fuel products received after 4:30 p.m. or received on a Saturday, Sunday, or any legal holiday, between the hours of 7:45 a.m. and 10:00 a.m. of the next regular working day.

ATCP 94.310(2)(a)3. 3. Where requested by the department, current delivery schedules for liquid fuel products delivered through a pipeline shall be made available to the inspector.

ATCP 94.310(2)(b) (b) If a person transfers one grade of a liquid fuel product into a container with another grade of liquid fuel product, the entire commingled product shall be deemed uninspected and the inspector shall be notified.

ATCP 94.310(2)(d) (d) For the purpose of this section, the department shall have discretion in determining a reasonable length of time in which an inspector may take the sample.

ATCP 94.310 Note Note: Saturdays, Sundays, and legal holidays are not considered regular business days.

ATCP 94.310(2)(e) (e)

ATCP 94.310(2)(e)1. 1. A person who changes the fuel product dispensed from a tank system from a Class II or III liquid to a Class I liquid shall notify the inspector, and the new product shall be tested and approved before being dispensed.

ATCP 94.310(2)(e)2. 2. In this paragraph, “Class I liquid” means a liquid that will give off sufficient vapor, below 100°F, to form an ignitable mixture with air near the surface of the liquid or within a test vessel; and “Class II or III liquid” means a liquid that will give off such vapor at or above 100°F.

ATCP 94.310 Note Note: Under chapter ATCP 93, the inspector must likewise be notified, and the new product must likewise be tested and approved before being dispensed, when the product dispensed from a tank system is changed from a Class I liquid to a Class II or III liquid.

ATCP 94.310 Note Note: See the Department website at http://datcp.wi.gov/Consumer/Weights_and_Measures/index.aspx for the contact information for inspectors.

ATCP 94.310(3) (3) Sampling procedures.

ATCP 94.310(3)(a) (a) General. A representative sample may be taken from any shipment of liquid fuel products, including commingled products that are imported into and received in this state.

ATCP 94.310(3)(b) (b) Department procedures.

ATCP 94.310(3)(b)1. 1. The department shall inspect and test samples collected under this section, at locations and frequencies that are designed to prevent sale of fuel products in this state which do not comply with this chapter.

ATCP 94.310(3)(b)2. 2. If the fuel product does not meet the standards specified in this chapter, the department will notify the person for whom the inspection was made that the product may not be sold, used, removed from storage, or transferred to any place for retail sale until compliance with the standards is established.

ATCP 94.310 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; CR 03-011: r. (1) (a) 3., am. (3) (b) (intro.) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.09, renum. (1) (intro.) and (a) to be (1) (a) and (b), cr. (1) (b) 3., am. (2) (c), (d), (3) (intro.), (a) (intro.)., 1. and (b) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.600 and am. (1) (title), (a), (b) (intro.), 1., 3., (2) (a), (b), (3) (a), (b), (c) 1., 3., cr. (2) (e) Register December 2010 No. 660, eff. 1-1-11; correction in (3) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (3) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 21-096: am. (1) (b) 1., (2) (a), (b), r. (2) (c), am. (2) (e) 1., am. (3) (a), r. (3) (c) Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.320 ATCP 94.320 Water in tanks. Water may not exceed the depths specified in s. ATCP 93.605 in any tank utilized for storing fuels for retail sale, except as otherwise approved by the department.

ATCP 94.320 History History: CR 10-006: cr. Register December 2010 No. 660, eff. 1-1-11; CR 21-096: r. and recr. Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.330 ATCP 94.330 Department records. The department shall keep records of each inspection made, showing all of the following:

ATCP 94.330(1) (1) The date and place of each inspection.

ATCP 94.330(2) (2) The product name of the liquid inspected.

ATCP 94.330(3) (3) The name and address of the person for whom the inspection is made.

ATCP 94.330 Note Note: Chapter 98, Stats., has detailed requirements that apply to delivery of certain liquid fuels.

ATCP 94.330 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; CR 03-011: r. (1) (b) to (d), am. (3) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.11 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.700 and am. Register December 2010 No. 660, eff. 1-1-11; CR 21-096: r. and recr. Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.340 ATCP 94.340 Documentation and records.

ATCP 94.340(1) (1) General. Any person receiving, unloading, using, offering for sale, or selling any liquid fuel product shall accurately identify the product as to name or grade. Delivery of automotive fuel to a retail outlet shall include a certification of the automotive fuel rating, either by letter, or on the delivery ticket or other paper, as required by 16 CFR 306.12.

ATCP 94.340(2) (2) Oxygenate disclosure. Any person who distributes fuel products which contain one percent or more by volume of an oxygenate, shall accurately state on any invoice, bill of lading, shipping paper, or other documentation accompanying the shipment used in normal and customary business practices, the type of oxygenate and maximum percent by volume contained in the fuel.

ATCP 94.340(3) (3) Transportation records. Every person transporting liquid fuel products shall maintain accurate and complete records showing the shipment or receipt of the fuel products. The department shall have free access to the records for the purpose of determining the amount of liquid fuel products shipped or received.

ATCP 94.340(4) (4) Receipt records. Every person receiving fuel products shall maintain an accurate and complete record of the delivery of the product, together with bills of lading, waybills, and any other documents pertinent to verifying the inventory of the product, for at least 10 years, unless approval to the contrary is obtained from the department in writing. The department shall have free access to the records for the purpose of determining the amount of fuel products shipped or received.

ATCP 94.340 Note Note: See s. 98.225, Stats., for additional detailed requirements for deliveries of certain liquid fuels.

ATCP 94.340 History History: CR 21-096: cr. Register February 2024 No. 818, eff. 3-1-24; correction in (1) made under s. 35.17, Stats., Register February 2024 No. 818.

subch. IV of ch. ATCP 94 Subchapter IV — Violations

ATCP 94.400 ATCP 94.400 Prohibited acts.

ATCP 94.400(1) (1) No person other than an operator of a refinery or terminal may deliver, unload, direct, or transfer a fuel product into a storage tank system labeled as containing dissimilar fuel product unless specifically approved in writing by an inspector.

ATCP 94.400(2) (2) Except as authorized under sub. (1), no person may deliver, unload, direct, or transfer dissimilar fuel products into a storage tank unless specifically approved in writing by an inspector.

ATCP 94.400(3) (3) No person may hinder, divert, or obstruct inspectors in the performance of their duties under the authority of this chapter.

ATCP 94.400(4) (4) No person may represent a motor fuel or fuel product in any manner that is contrary to the provisions and the adopted standards of this chapter, and the provisions of ch. 168, Stats.

ATCP 94.400(5) (5) Except as authorized under sub. (1), no person may transfer a fuel product to any place for retail sale or offer to sell that fuel product if it has been contaminated with a dissimilar product or altered after being tested under this chapter, unless either approved otherwise by the department or further testing shows the product complies with this chapter.

ATCP 94.400(8) (8) No person may fail to maintain accurate and complete records and reports required under this chapter.

ATCP 94.400(9) (9) No person may remove or tamper with any red-tag without written authorization from the department.

ATCP 94.400(10) (10) No person may fail to comply with an administrative order issued by the department.

ATCP 94.400(11) (11) Except as authorized under sub. (1), no person may blend a fuel product in an underground storage tank.

ATCP 94.400(12) (12) No person may remove contaminated product from a retail storage tank system without first notifying the department.

ATCP 94.400 History History: CR 05-081: cr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.590, am. (1), (2), (4), renum. (5), (6) to be (6), (7) and am., cr. (5) Register December 2010 No. 660, eff. 1-1-11; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 21-096: am. (1), (2), (5), r. (6), (7), cr. (8) to (12) Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.410 ATCP 94.410 Reimbursement of product-analysis and investigation costs.

ATCP 94.410(1) (1) Investigations and testing. An owner or seller of a product shall reimburse the department for all of the following, as specified in sub. (2):

ATCP 94.410(1)(a) (a) Investigation and testing of fuel specification failures, misdeliveries, and contaminated fuel.

ATCP 94.410(1)(b) (b) Investigation and testing of mislabeled products.

ATCP 94.410(1)(c) (c) Investigation and testing related to accidents or explosions under s. ATCP 94.100 (6).

ATCP 94.410(1)(d) (d) Investigation and testing requested by the owner or seller of the product.

ATCP 94.410(2) (2) Costs. An owner or seller of a product shall reimburse the department the cost of shipping plus:

ATCP 94.410(2)(a) (a) $80 per hour for investigations and testing by the department conducted between 7:45 a.m. and 4:30 p.m. on weekdays Monday through Friday.

ATCP 94.410(2)(b) (b) $120 per hour for investigations and testing performed by the department on Saturdays, Sundays, holidays, and at times other than scheduled from 7:45 a.m. and 4:30 p.m. on weekdays Monday through Friday.

ATCP 94.410(3) (3) Outside testing. An owner or seller of products which are subjected to an analysis that cannot be performed by department equipment and which are therefore sent to an outside testing source shall reimburse the department for the actual cost of the analysis, the cost of shipping, the fee specified in sub. (2), and pay any fee assessed under this chapter.

ATCP 94.410(4) (4) Due date. All reimbursements and fees that are due under this section shall be paid within 15 calendar days of billing.

ATCP 94.410(5) (5) Continuation of shutdown. Failure to pay any reimbursements or fees required under this section, for a liquid fuel storage tank system that has been shut down under s. ATCP 94.100 (8), shall result in a continuation of that shutdown.