Chapter ATCP 94

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.

ATCP 94.120(28) (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.

ATCP 94.120(29) (29) “MTBE” means methyl tertiary-butyl ether.

ATCP 94.120(30) (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.

ATCP 94.120(31) (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.

ATCP 94.120(32) (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.

ATCP 94.120(33) (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.

ATCP 94.120(34) (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.

ATCP 94.120(35) (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.

ATCP 94.120 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; cr. (6) and (7), Register, February, 1986, No. 362, eff. 3-1-86; CR 03-011: r. and recr. Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.03, renum. (1) (d), (e) and (3) to (7) to be (1) (c), (d), (5), (7), (9), (10), (12) and am., am. (1) (a), r. (1) (c), cr. (3), (4), (6), (8) and (11) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.300 and am. (1) (intro.), (7) to (9) 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 (5), (8), (11) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; corrections in (5), (8), (11) made under s. 13.92 (4) (b) 6., 7., Stats., October 2013 No. 694; CR 21-096: r. and recr. Register February 2024 No. 818, eff. 3-1-24.

subch. II of ch. ATCP 94 Subchapter II — Petroleum and Other Liquid Fuel Product Specifications

ATCP 94.200 ATCP 94.200 Adoption of standard specifications by reference.

ATCP 94.200(1) (1) The following standards of the 2023 Annual Book of ASTM Standards of ASTM International are incorporated by reference into this chapter:

ATCP 94.200(1)(a) (a) ASTM D396-21, standard specification for fuel oils.

ATCP 94.200(1)(b) (b) ASTM D910-21, standard specification for aviation gasolines.

ATCP 94.200(1)(c) (c) ASTM D975-22, standard specification for diesel fuel oils.

ATCP 94.200(1)(d) (d) ASTM D1655-22, standard specification for aviation turbine fuels.

ATCP 94.200(1)(e) (e) ASTM D3699-19, standard specification for kerosine.

ATCP 94.200(1)(f) (f) ASTM D4806-21a, standard specification for denatured fuel ethanol for blending with gasolines for use as automotive spark-ignition engine fuel.

ATCP 94.200(1)(g) (g) ASTM D4814-21c, standard specification for automotive spark-ignition engine fuel.

ATCP 94.200(1)(h) (h) ASTM D5798-21 standard specification for ethanol fuel blends for flexible-fuel for automotive spark-ignition engines.

ATCP 94.200(1)(i) (i) ASTM D6227-18, standard specification for unleaded aviation gasoline containing a non-hydrocarbon component.

ATCP 94.200(1)(j) (j) ASTM D6751-20a, standard specification for biodiesel fuel blend stock (B100) for middle distillate fuels.

ATCP 94.200(1)(k) (k) ASTM D7467-20a, standard specification for diesel fuel oil, biodiesel blend (B6 to B20).

ATCP 94.200(1)(L) (L) ASTM D7547-21, standard specification for hydrocarbon unleaded aviation gasoline.

ATCP 94.200(1m) (1m) All finished fuels must meet the adopted standard specifications at the time they are offered for sale.

ATCP 94.200(1m)(a) (a) Fuels sold from terminals, bulk plants, or other wholesale operations shall meet the required specification for the fuel type indicated on the delivery records required in s. ATCP 94.340.

ATCP 94.200(1m)(b) (b) Fuels sold at retail shall meet the required specification for the fuel type indicated by the dispenser labeling required in s. ATCP 94.300 (1).