Chapter ATCP 94

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).

ATCP 94.200(2) (2) Where no ASTM standard exists, other generally recognized national consensus standards may be used.

ATCP 94.200 Note Note: Copies of the adopted standards are on file in the offices of the department and the legislative reference bureau. Copies of the ASTM standards may be purchased from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshokocken, PA 19428–2959, telephone [phone], e-mail [e-mail], or website www.astm.org.

ATCP 94.200 Note Note: Pursuant to section 168.07 (2) of the Statutes, inspections to determine compliance with specifications prescribed by the department must be conducted in accordance with the latest ASTM methods.

ATCP 94.200 History History: CR 03-011: cr. Register December 2003 No. 576, eff. 1-1-04; CR 05-081: r. and recr. Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.400 and am. (title), (1) (a) to (f), (h), (j), cr. (1) (k), (L) Register December 2010 No. 660, eff. 1-1-11; CR 14-047: am. (1) Register May 2015 No. 713, eff. 6-1-15; CR 16-012: am. (1) (intro.), (a) to (h), (j) to (L) Register August 2016 No. 728, eff. 9-1-16; CR 18-019: am. (1) (intro.), (a) to (d), (f) to (L) Register January 2020 No. 769, eff. 2-1-20; CR 21-096: am. (1), cr. (1m) Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.210 ATCP 94.210 Gasoline specifications.

ATCP 94.210(1) (1) Gasoline, automotive gasoline, and gasoline containing up to 10 percent oxygenate by volume.

ATCP 94.210(1)(c) (c) Automotive gasoline. Any fuel product designated by name or reference as automotive gasoline shall meet the requirements specified in ASTM D4814.

ATCP 94.210(1)(d) (d) Gasoline containing up to 10 percent oxygenate by volume. Other oxygenated fuels shall be acceptable if the oxygenates are blended in a manner approved by the department in amounts allowed by the EPA and the final product conforms to the standard specification for gasoline under par. (c).

ATCP 94.210(3) (3) Reid vapor pressure for gasoline-ethanol blends containing up to 10 percent oxygenate by volume. The blend shall meet ASTM D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel,” except that the maximum vapor pressure shall not exceed the ASTM D4814 limits by more than 1.0 psi for blends containing one or more percent by volume ethanol for volatility classes A, B, C, D, and E from September 16 through May 31.

ATCP 94.210 History History: R. and recreate from Ind 10.03, Register, July, 1980, No. 295, eff. 8-1-80; Table 10.04-B1 reprinted to correct error, Register, September, 1980, No. 297; r. and recr. (1) (c) and Table 48.04-B1, cr. (1) (d), Register, February, 1986, No. 362, eff. 3-1-86; CR 03-011: am. (1) (b) and (2), r. Tables 48.04-B1, B2, and C, cr. (1) (e), Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.04, renum. (1) (intro.) to (e) to be (1) (a) to (d), (f) and (g) and am., Table 48.04-A to be Table 48.500, am. (1) (title) and (2), cr. (1) (a) (title) and (e) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.500 and am. (1) (b), (c) 1., (d) 1., 4., (2) Register December 2010 No. 660, eff. 1-1-11; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 21-096: r. and recr. Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.215 ATCP 94.215 E15 specifications.

ATCP 94.215(1) (1) Requirements. Any fuel product designated by name or reference or defined as “E15” shall meet the requirements specified in ASTM D4814. Any person who distributes E15 shall state on any invoice, bill of lading, shipping paper, or other documentation accompanying the shipment used in normal and customary business practices, the maximum percent by volume of ethanol.

ATCP 94.215(2) (2) Reid vapor pressure for E15. The blend shall meet ASTM D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel,” except that the maximum vapor pressure shall not exceed the ASTM D4814 limits by more than 1.0 psi for blends containing one or more percent by volume ethanol for volatility classes A, B, C, D, and E from September 16 through May 31.

ATCP 94.215 History History: CR 21-096: cr. Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.220 ATCP 94.220 Kerosene specifications. Any fuel product designated by name or reference as “kerosene” or “kerosine” shall meet the requirements specified in ASTM D3699.

ATCP 94.220 History History: R. and recr. from Ind 10.03, Register, July, 1980, No. 295, eff. 8-1-80; am. table, Register, May, 1984, No. 341, eff. 6-1-84; r. and recr. table, Register, February, 1986, No. 362, eff. 3-1-86; CR 03-011: am., r. Table 48.05 Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.05 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.510 and am. Register December 2010 No. 660, eff. 1-1-11.

ATCP 94.230 ATCP 94.230 Fuel oil specifications. Any petroleum product designated by name or reference as No. 1 fuel oil to No. 6 fuel oil shall meet the requirements specified in ASTM D396.

ATCP 94.230 History History: R. and recr. from Ind 10.01 and 10.02, Register, July, 1980, No. 295, eff. 8-1-80; am. table, Register, May, 1984, No. 341, eff. 6-1-84; r. and recr. table, Register, February, 1986, No. 362, eff. 3-1-86; CR 03-011: am., r. Table 48.06 Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.06 Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.520 and am. Register December 2010 No. 660, eff. 1-1-11.

ATCP 94.240 ATCP 94.240 Diesel fuel specifications.

ATCP 94.240(1) (1) Any fuel product designated by name or reference as No. 1 diesel fuel to No. 4 diesel fuel shall meet the requirements specified in ASTM D975.

ATCP 94.240(3) (3) Biodiesel fuel meeting the requirements specified in ASTM D6751 may be added to diesel fuel meeting the requirements specified in ASTM D975.

ATCP 94.240(4) (4) 

ATCP 94.240(4)(a) (a) Biodiesel blends of greater than 5 but not more than 20 percent biodiesel by volume shall meet the requirements of ASTM D7467.

ATCP 94.240(4)(b) (b) The retailer shall be provided, at the time of delivery of the fuel, a declaration of the percent by volume biodiesel on an invoice, bill of lading, shipping paper, or other document. This documentation is for dispenser labeling purposes only; it is the responsibility of any potential blender to determine the amount of biodiesel in the diesel fuel prior to blending.

ATCP 94.240(5) (5) Any person who distributes petroleum-source diesel fuel mixed with non-petroleum-source diesel fuel 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 and maximum volume percent of each component.

ATCP 94.240 History History: Cr. Register, July, 1980, No. 295, eff. 8-1-80; r. and recr. table, Register, February, 1986, No. 362, eff. 3-1-86; CR 03-011: am., r. Table 48.06, cr. (2) to (4) Register December 2003 No. 576, eff. 1-1-04; CR 05-081: renum. from Comm 48.07, am. (1) and (3), cr. (5) Register August 2006 No. 608, eff. 9-1-06; CR 10-006: renum. from Comm 48.530 and am. (1), cr. (4) Register December 2010 No. 660, eff. 1-1-11; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; CR 21-096: am. (title), (1), r. (2), renum. (4) to (4) (a) and am., cr. (4) (b), am. (5), r. (6) Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.250 ATCP 94.250 Aviation fuels.

ATCP 94.250(1) (1) Aviation gasoline. Any fuel product designated by name or reference as aviation gasoline shall meet the requirements of ASTM D910, D6227, or D7547.

ATCP 94.250(2) (2) Aviation turbine fuel. Any fuel product designated by name or reference as aviation turbine fuel shall meet the requirements of ASTM D1655.

ATCP 94.250 History History: CR 21-096: cr. Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.260 ATCP 94.260 Racing gasoline. This section only applies to racing gasoline.

ATCP 94.260(1) (1) Octane rating. The octane rating of racing gasoline shall not be less than any of the following:

ATCP 94.260(1)(a) (a) The octane rating posted on the product dispenser.

ATCP 94.260(1)(b) (b) The certification on the invoice, bill of lading, shipping paper, or other documentation.

ATCP 94.260(2) (2) Specifications. The product specification limits shall be those as declared by the manufacturer’s product specifications. Upon the request by the department, each supplier of racing gasoline shall provide a copy of the manufacturer’s product specifications.

ATCP 94.260(3) (3) Lead and lead substitute.

ATCP 94.260(3)(a) (a) Minimum lead content to be termed leaded. Gasoline and gasoline oxygenate blends sold as leaded shall contain a minimum of 0.013 grams of lead per liter or 0.05 grams per U.S. gallon.

ATCP 94.260(3)(b) (b) Labeling. Each dispensing device from which gasoline or gasoline-oxygenate blends containing lead shall display the following legend, “Contains lead.” The lettering of this legend shall not be less than 12.7 millimeters or 1/2 inch in height and the color of the lettering shall be in definite contrast to the background color to which it is applied.

ATCP 94.260(3)(c) (c) Use of lead substitute must be disclosed. Each dispensing device from which gasoline or gasoline-oxygenate blends containing a lead substitute is dispensed shall display the following legend: “Contains Lead Substitute.” The lettering of this legend shall not be less than 12.7 millimeters or 1/2 inch in height and the color of the lettering shall be in definite contrast to the background color to which it is applied.

ATCP 94.260(3)(d) (d) Nozzle requirements for leaded fuel. Each dispensing device from which gasoline or gasoline oxygenate blends that contain lead in amounts sufficient to be considered leaded gasoline, or lead substitute engine fuel, is sold shall be equipped with a nozzle spout having a terminal end with an outside diameter of not less than 23.63 millimeters or 0.93 inches.

ATCP 94.260 History History: CR 21-096: cr. Register February 2024 No. 818, eff. 3-1-24; correction in numbering in (3) made under s. 13.92 (4) (b) 1., Stats., Register February 2024 No. 818, eff. 3-1-24.

ATCP 94.270 ATCP 94.270 E85 specifications. Any fuel product designated by name or reference or defined as “E85” shall meet the requirements specified in ASTM D5798. Any person who distributes E85 shall state on any invoice, bill of lading, shipping paper, or other documentation accompanying the shipment used in normal and customary business practices, the actual volume percent of ethanol.

ATCP 94.270 History History: CR 21-096: cr. Register February 2024 No. 818, eff. 3-1-24.

subch. III of ch. ATCP 94 Subchapter III — Inspection Procedures

ATCP 94.300 ATCP 94.300 Labeling of dispensers and containers.

ATCP 94.300(1) (1) Dispensing equipment.

ATCP 94.300(1)(a) (a) General. All devices dispensing liquid fuel products at motor fuel dispensing facilities, garages, or other places where liquid fuel products are sold or offered for sale shall be marked with a conspicuous label visible on both faces of the dispensing device accurately indicating the actual automotive fuel rating of the fuel product. No label may be placed so that the text is sideways or upside down.

ATCP 94.300 Note Note: A single label may be used to refer to multiple grades of fuel, provided all of the requirements of this section are met.

ATCP 94.300(1)(b) (b) Oxygenated gasoline dispensing device labels.

ATCP 94.300(1)(b)1. 1. A device that dispenses a gasoline-ethanol fuel blend of more than one percent by volume of ethanol shall be labeled with the maximum percent by volume of ethanol at all times the product is offered for retail sale.

ATCP 94.300(1)(b)2. 2. A device that dispenses a reformulated gasoline, as defined in s. 285.37 (1), Stats., that contains an oxygenate other than ethanol shall be labeled with the identity of the oxygenate at all times the product is offered for retail sale. If the gasoline contains multiple oxygenates, the label shall identify the predominant oxygenate based upon percent by volume.

ATCP 94.300 Note Note: Reformulated gasoline is defined in section 285.37 (1) of the Statutes, as gasoline formulated to reduce emissions of volatile organic compounds and toxic air pollutants as provided in 42 USC 7545 (k) (1) to (3). The addition of an oxygenate to a fuel alone does not create a reformulated gasoline, other criteria specified in the law must also be met.

ATCP 94.300(1)(b)3. 3. The label shall be placed on the face of the dispenser next to the name and grade of the product being dispensed. No label may be placed so that the text is sideways or upside down.

ATCP 94.300(1)(b)4. 4. The label shall be contrasting in color to the dispenser, and shall include lettering that complies with any applicable requirements in ch. 168, Stats.

ATCP 94.300 Note Note: Section 168.11 (1) (b) 1. of the Statutes reads as follows: “A device that dispenses a gasoline-ethanol fuel blend for sale at retail shall be marked or labeled with the percentage of ethanol at all times when the product is offered for sale.”

ATCP 94.300(1)(b)5. 5. The label shall identify the oxygenate as either “Ethanol”, “Methyl Tertiary Butyl Ether (MTBE)”, “Ethyl Tertiary Butyl Ether (ETBE)”, “Tertiary Amyl Methyl Ether (TAME)”, “Tertiary Butyl Alcohol (TBA)”, or as an other oxygenate name approved by the department.