Chapter ATCP 94

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).

subch. I of ch. ATCP 94 Subchapter I — Administration and Enforcement

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)(a)1. 1. Heating oil that is contaminated with gasoline.

ATCP 94.100(8)(a)2. 2. Kerosene that is contaminated with gasoline.

ATCP 94.100(8)(a)3. 3. Aircraft fuel that is contaminated with any substance.

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 Note 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.

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 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) (f) Shutdown after continued violation.

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(8)(g) (g) Appeals. Any appeal to a shutdown order must be filed pursuant to s. ATCP 93.190.

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) (3) Petitions for variance.

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)1. 1. Requester’s name and address.

ATCP 94.110(3)(a)2. 2. Type of business.

ATCP 94.110(3)(a)3. 3. Product description, intended use and specification sheet.

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)(a)5. 5. Reason for the request.

ATCP 94.110(3)(a)6. 6. Signature and title of the requester.

ATCP 94.110(3)(a)7. 7. Date of the request.

ATCP 94.110(3)(a)8. 8. The fee of $300.

ATCP 94.110(3)(b) (b) The department will respond within 30 days of receipt of complete petitions.

ATCP 94.110 Note Note: Form TR-WM-129 is available from the Bureau of Weights and Measures, at P.O. Box 8911, Madison, WI 53708-8911, or [phone] or at https://datcp.wi.gov/Pages/Programs_Services/PetroleumHazStorageTanks.aspx.

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 ATCP 94.120 Definitions. In this chapter:

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(1)(b) (b) Biodiesel over B5.

ATCP 94.120(1)(c) (c) Coal-derived liquid fuels.

ATCP 94.120(1)(d) (d) Other liquid automotive fuels not defined by this chapter.

ATCP 94.120(2) (2) “Automotive fuel rating” means:

ATCP 94.120(2)(a) (a) For gasoline, the octane rating.

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.

ATCP 94.120(2)(d) (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.”

ATCP 94.120(3) (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.

ATCP 94.120(4) (4) “Aviation gasoline” means a type of gasoline suitable for use as a fuel in an aviation spark- ignition internal combustion engine.

ATCP 94.120(5) (5) “Aviation turbine fuel” means a refined middle distillate suitable for use as a fuel in an aviation gas turbine internal combustion engine.

ATCP 94.120(6) (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.

ATCP 94.120(7) (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.

ATCP 94.120(8) (8) “Biofuels” means any fuel that is derived from biomass.

ATCP 94.120(9) (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.

ATCP 94.120(10) (10) “Butanol” means butyl alcohol, the chemical compound C4H9OH, a colorless substance existing in four isomeric forms.

ATCP 94.120(11) (11) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 94.120(12) (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.

ATCP 94.120(13) (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.

ATCP 94.120(14) (14) “E15” means gasoline containing more than ten percent ethanol by volume but not more than fifteen percent ethanol by volume.

ATCP 94.120(15) (15) “E85” means high-level ethanol-gasoline blends containing 51 percent to 83 percent ethanol by volume, depending on geography and season.

ATCP 94.120(16) (16) “EPA” means the United States environmental protection agency.

ATCP 94.120(17) (17) “Ethanol” and “denatured fuel ethanol” means ethyl alcohol.

ATCP 94.120(18) (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.

ATCP 94.120(19) (19) “Finished fuels” means fuels that are ready to be used without requiring additional chemical or physical processing to meet adopted specifications.

ATCP 94.120(20) (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.

ATCP 94.120(21) (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.

ATCP 94.120(22) (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.

ATCP 94.120(23) (23) “Inspection” means collection of product samples, qualitative determination by visual assessment and laboratory testing, and verification of associated product-shipping and storage records.

ATCP 94.120(24) (24) “Inspector” means a duly authorized fuel products inspector of the department.

ATCP 94.120(25) (25) “Kerosene” and “kerosine” means a refined middle distillate suitable for use as a fuel for heating or illuminating.

ATCP 94.120(26) (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.

ATCP 94.120(27) (27) “Methanol” means methyl alcohol.