1. (1) Dispensing equipment.

   1. (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.

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

   2. (b) Oxygenated gasoline dispensing device labels.

      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.

      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.

         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.

      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.

      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.

         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.”

      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.
      6. 6. A label shall be conspicuous and legible to a customer when viewed from the driver’s seat of a motor vehicle that is located within 6 feet of the dispensing device.
      7. 7. The label shall be capable of withstanding extremes of weather conditions for at least one year and shall be resistant to gasoline, oil, grease, solvents, detergents, and water. When damaged so that they are not legible, labels shall be replaced.

      8. 9.

         1. 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.
         2. 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.
      9. 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.

      10. 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:

          1. 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.

          2. 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.

             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.

2. (2) Storage containers.

   1. (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:

      1. 1. Fuel supply tanks connected to internal combustion or turbine engines, appliances, or any device consuming the fuel.
      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.
      3. 3. Containers having a capacity of 275 gallons or more.
   2. (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.

3. (3) Identification.

   1. (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).

      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.

   2. (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.”

4. (4) Cleaning of dispensing equipment.

   1. (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.

   2. (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.

      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.

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.