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.

ATCP 94.300(1)(b)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.

ATCP 94.300(1)(b)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.

ATCP 94.300(1)(b)9. 9.

ATCP 94.300(1)(b)9.a. 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.

ATCP 94.300(1)(b)9.b. 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.

ATCP 94.300(1)(b)10. 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.

ATCP 94.300(1)(b)11. 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:

ATCP 94.300(1)(b)11.a. 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.

ATCP 94.300(1)(b)11.b. 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.

ATCP 94.300 Note 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.

ATCP 94.300(2) (2) Storage containers.