(1) DISPENSING
EQUIPMENT.
(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.
(b)
Oxygenated
gasoline dispensing device labels.
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. 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. 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. 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. 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. 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. 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.
9.
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.
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.
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.
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:
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.
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.
