0080-05-12-.03 - CLASSIFICATION AND METHOD OF SALE

0080-05-12-.03. CLASSIFICATION AND METHOD OF SALE

(1) General Considerations

(a) Documentation - when products regulated by this rule are sold, product transfer documents such as an invoice, bill of lading, shipping paper or other documentation, must accompany each delivery other than a retail sale. This document must identify the quantity, the name of the product, the particular grade of the product, the automotive fuel rating (fuel rating), as applicable, the manganese or MMT content when applicable, the oxygenate type and content when applicable, the name and address of the seller and buyer, and the date and time of the sale. Documentation must be retained at the retail establishment for a period not less than 30 days.

(b) Retail Dispenser Labeling - all retail gasoline and gasoline oxygenate blend dispensing devices must be labeled or otherwise decaled in such a manner that the type of product being offered is clear and conspicuous to the potential customer and must be labeled with the particular grade of the product, and the applicable automotive fuel rating. All retail dispensing devices of other products covered by this regulation must be labeled with the name of the product (e.g., diesel), the particular grade of the product (with exceptions noted within these rules), and the automotive fuel rating (fuel rating), as applicable.

(c) Grade Name- the sale of any product under any grade name that indicates to the purchaser that it is of a certain automotive fuel rating or ASTM grade shall not be permitted unless the automotive fuel rating or grade indicated in the grade name is consistent with the value and meets the requirements of 0080-5-12-.02, Standard Fuel Specifications.

(d) Each retail dispenser must be identified by a number, other than or in addition to a serial number, permanently affixed to the dispenser.

(e) Dispenser Nozzle Grip Guard Colors - all retail ethanol flex-fuel dispensers shall be equipped with yellow grip guards; no other product nozzles shall be equipped with yellow grip guards. All dispensers must be compliant with this requirement by May 1, 2016.

(f) Nozzle Requirements for Fuel Dispensers - each retail dispensing device from which fuel products are sold shall be equipped with a nozzle spout having with a diameter that conforms to the latest version of SAE J285, "Dispenser Nozzle Spouts for Liquid Fuels Intended for Use with Spark-Ignition and Compression Ignition Engines." All dispensers must be compliant with this requirement by May 1, 2016.

(2) Automotive Gasoline, Automotive Gasoline-Oxygenate Blends, and Racing Gasoline

(a) Posting of Antiknock Index Required - all dispensing devices of automotive gasoline and automotive gasoline-oxygenate blends shall post the antiknock index in accordance with applicable regulations, 16 CFR Part 306 issued pursuant to the Petroleum Marketing Practices Act, as amended.

(b) When the Term (Leaded) May be Used - the term "leaded" shall only be used when the fuel meets specification requirements of 0080-5-12-.02 (f).

(c) Use of Lead Substitute Must Be Disclosed - each dispensing device from which gasoline or gasoline oxygenate blend 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 (1/2 in) in height and 1.5 millimeter (1/16 in) stroke (width of type). The color of the lettering shall be in definite contrast to the background color to which it is applied.

(d) Gasoline and Gasoline-Oxygenate Blend Grade Terms:

1. It is prohibited to use the following terms to describe a grade of gasoline or gasoline-oxygenate blend unless it meets the following minimum antiknock index requirement:

(i). Premium, Super, Supreme, High Test, Premier, Ultra, Ultimate must be a minimum of 91 AKI;

(ii). Midgrade, Plus, Extra, or other approved terms, must be a minimum of 89 AKI;

(iii). Regular, Leaded, must be a minimum of 89 AKI;

(iv). Regular, Unleaded must be a minimum of 87 AKI;

(v). Unleaded Subgrade - CBOB - AKI as applicable pursuant to 16 C.F.R. Part 306;

(vi). Premium Subgrade - CBOB - AKI as applicable pursuant to 16 C.F.R. Part 306;

2. The use of any other term not listed above in (2)(d) to describe a grade of gasoline must be approved by the Commissioner.

3. Additional Unleaded Subgrade - CBOB Requirements: The grade terms "Unleaded Subgrade - CBOB", and "Premium Subgrade - CBOB" are grades that are approved for conveying from supplier terminal level to wholesalers. These fuel grades are not approved as grade terms and fuel ratings for retail sales.

4. In addition to the requirements of 0080-05-12-.03 (2)(d) 1.(v) - (vi), each of the subgrades/CBOBs must declare the minimum AKI that the fuel will provide after the addition of a specified volume ethanol. Other oxygenates and octane extender declarations may supplement the ethanol AKI declaration. The requirements of 0080-05-12-.03 (2)(d) 1.(v) - (vi) are applicable when conveying from the supplier terminal to wholesalers or from wholesaler to another wholesaler. Such reporting is not subject to enforcement under these rules for conveyances from pipelines to supplier terminals.

5. When fuels containing greater than 10 % by volume ethanol for use in conventional-fuel vehicles are offered for sale, the grade terms listed above or otherwise approved by the Commissioner must be followed by the term "EXX". For example, "Regular E15"; "Plus E15"; "Premium E15".

6. When gasoline or gasoline-oxygenate blends are conveyed through a fuel dispenser, the grade terms must be posted accurately on both the fuel dispenser and street pricing signs, where applicable. This includes the grade extension of EXX where applicable.

7. When gasoline or gasoline-oxygenate blends are conveyed through wholesale bulk metering systems, each grade and associated automotive fuel rating at each fuel loading facility shall be posted or otherwise accurately certified to potential customers and to the Commissioner when performing inspections and sampling.

(e) Method of Retail Sale-Type of Oxygenate Must be Disclosed - all automotive gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold, at retail containing at least 1.5 mass percent oxygen shall be identified as "with" or "containing" (or similar wording) the predominant oxygenate in the engine fuel. For example, the label may read "contains ethanol" or "with MTBE." The oxygenate contributing the largest mass percent oxygen to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are present, the retailer may post the predominant oxygenate followed by the phrase "or other ethers" or alternatively post the phrase "contains MTBE or other ethers." In addition, gasoline methanol blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol along with the statement "CHECK OWNER'S MANUAL". This information shall be posted on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 millimeters (½ in) in height, 1.5 millimeter (1/16 in) stroke (width of type). Racing gasoline being kept, offered, or exposed for sale, or sold at retail containing any amount of oxygenates shall be identified as "with" or "containing" (or similar wording) the particular oxygenate or oxygenates in the engine fuel, along with the volume percent of the oxygenate. Where mixtures of only ethers are present, the retailer may post the volume percent of the predominant oxygenate followed by the phrase "or other ethers".

(f) Documentation for Dispenser Labeling Purposes - the retailer shall be provided, at the time of delivery of the fuel, on product transfer documents such as an invoice, bill of lading, shipping paper, or other documentation:

1. Information that complies with 40 CFR § 80.1503 when the fuel contains ethanol.

2. For fuels that do not contain ethanol, information that complies with 40 CFR § 80.1503 and a declaration of the predominant oxygenate or combination of oxygenates present in concentrations sufficient to yield an oxygen content of at least 1.5 mass percent in the fuel. Where mixtures of only ethers are present, the fuel supplier may identify either the predominant oxygenate in the fuel (i.e., the oxygenate contributing the largest mass percent oxygen) or, alternatively, use the phrase "contains MTBE or other ethers."

3. Gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as "with" or "containing" methanol.

4. For Racing Gasoline, the retailer shall be provided, at the time of delivery of the fuel, on an invoice, bill of lading, shipping paper, or other documentation, a declaration of the concentration of the oxygenate or oxygenates present in the fuel to allow for accurate dispenser labeling.

(g) EPA Labeling Requirements also Apply - Retailers of gasoline shall comply with the EPA pump labeling requirements for gasoline containing greater than 10% by volume and up to 15% by volume under CFR § 80.1501.

(h) Method of Retail Sale: Posting of Manganese Additives Must be Disclosed - all gasoline or gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail that contain any Manganese or any compound containing Manganese, including, without limitation, MMT, shall be labeled as follows:

1. WARNING: Read Label Before Dispensing Fuel. This Fuel Contains Manganese, Manganese Compound, or MMT. Recommend Vehicle Operator Consult Owner's Manual Before Using This Fuel.

2. This label shall:

i. Be legible and conspicuous, placed on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver's position.

ii. Consist of black lettering on a white background.

iii. Be written in font at least 8 millimeters (5/16 in) in height, 1.5 millimeter (1/16 in) stroke (width of type).

iv. Be affixed to the applicable pump or other device for dispensing gasoline or gasoline-oxygenate blends (1) at the time gasoline or gasoline-oxygenate blends containing manganese or any compound containing manganese, including, without limitation, MMT, is loaded into or otherwise placed in a storage tank from which the dispenser or other device for dispensing gasoline or automotive gasoline-oxygenate blends draws its supply of fuel; (2) before the dispenser or other device for dispensing motor vehicle fuel may be used to dispense such fuel; (3) for 6 months immediately after the time the intentional addition of manganese or any compound containing manganese, including, without limitation, MMT is discontinued.

3. As used in these rules, MMT means methylcyclopentadienyl manganese tircarbonyl.

(i) Documentation for Dispenser Labeling Purposes - Notification to Fuel Distributors and Retailers

1. Each fuel supplier that offers product containing manganese or any compound containing manganese, including, without limitation, MMT, must notify all customers that are approved to receive product documented as destination Tennessee that the product will contain manganese or any compound containing manganese, including, without limitation, MMT at least thirty days in advance of providing such fuel for distribution.

2. The retailer shall be provided, at the time of delivery of the fuel, on product transfer documents such as an invoice, bill of lading, shipping paper, or other documentation a declaration of Manganese or any compound containing Manganese, including, without limitation, MMT.

3. Each fuel supplier that offers product containing manganese or any compound containing manganese, including, without limitation, MMT, must notify all customers that are approved to receive product documented as destination Tennessee that the product will no longer contain manganese or any compound containing manganese, including, without limitation, MMT at least thirty days in advance of providing such fuel for distribution.

(3) Diesel Fuel

(a) Labeling of Grade Required - Diesel Fuel shall be identified by grades No. 1-D, No. 2D, or No. 4-D. For grades other than No. 2-D, each retail dispenser of diesel fuel shall be labeled according to the grade being dispensed.

(b) Location of Label - these labels shall be located on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver's position, in a type at least 12.7 millimeters (1/2 in) in height, 1.5 millimeter (1/16 in) stroke (width of type).

(c) All conveyors of diesel fuel shall also comply with the US EPA grade disclosure requirements for sulfur under 40 CFR § 80.572.

(4) Aviation Turbine Fuel

(a) How to Identify Aviation Turbine Fuels - aviation turbine fuels shall be identified by the grade terms contained within the applicable ASTM Standard Specifications.

(b) Labeling of Grade Required - each dispenser or airport fuel truck dispensing aviation turbine fuels shall be labeled conspicuously as to identify the product being sold as classified above.

(5) Aviation Gasoline

(a) How to Identify Aviation Gasoline - aviation gasoline shall be identified by the grade terms contained within the applicable ASTM Standard Specifications.

(b) Labeling of Grade Required - each dispenser or airport fuel truck dispensing aviation gasoline shall be labeled conspicuously as to identify the product being sold as classified above.

(6) Fuel Oils

(a) How to Identify Fuel Oils - fuel oil shall be identified by the term Fuel Oil along with the grades of No. 1 S500, No. 1 S5000, No. 2 S500, No. 2 S5000, No. 4 (Light), No. 4, No. 5 (Light), No. 5 (Heavy), or No. 6.

(b) Labeling of Grade Required - each retail dispenser or delivery truck dispensing fuel oil shall be labeled conspicuously as to identify the product being sold as classified above. In addition, retail Fuel Oil dispensers shall display the following legend:

"Warning - Not Suitable For Use In Unvented Heaters Requiring No. 1-K Kerosene." The lettering of this legend shall not be less than 12.7 millimeters (1/2 in) in height by 1.5 millimeters (1/16 in) strokes (width of type); block style letters and the color of lettering shall be in definite contrast to the background color to which it is applied.

(7) Kerosene (Kerosine)

(a) How to Identify Kerosene - kerosene shall be identified by the grades No. 1-K or No. 2-K.

(b) Labeling Requirements- each retail dispenser of kerosene shall be labeled as 1-K Kerosene or 2-K. In addition, No. 2-K dispensers shall display the following legend:

"Warning - Not Suitable For Use In Unvented Heaters Requiring No. 1-K." The lettering of this legend shall not be less than 12.7 millimeters (1/2 in) in height by 1.5 millimeter (1/16 in) strokes; block style letters and the color of lettering shall be in definite contrast to the background color to which it is applied.

(8) Ethanol Flex Fuel

(a) How to Identify Ethanol Flex Fuel - ethanol flex fuel shall be identified by the term Ethanol Flex-Fuel or EXX Ethanol Flex Fuel.

(b) Retail Dispenser Labeling - each retail dispenser of ethanol flex fuel shall be labeled under the following alternatives:

1. Ethanol Flex Fuel blends with an ethanol concentration no less than 51 and no greater than 83 percent by volume shall be labeled "Ethanol Flex Fuel, minimum 51% ethanol" or "EXX Ethanol Flex Fuel", where XX is the target ethanol concentration in volume percent and the actual ethanol concentration of the blend shall be XX volume percent plus or minus 5 percent by volume;

2. Ethanol Flex Fuel blends with an ethanol concentration less than or equal to 50 volume percent shall be labeled "EXX Flex Ethanol Fuel", where the XX is the target ethanol concentration in volume percent. The actual ethanol concentration of the blend shall be XX volume percent plus or minus 5 percent by volume;

3. A label shall be posted which states "For Use in Flexible Fuel Vehicles (FFV) Only". This information shall be clearly and conspicuously posed on the upper 50 % of the dispenser front panel in a type at least 12.7 millimeters (½ in) in height, 1.5 millimeter (1/16 in) stroke (width of type). The label shall also state, "CHECK OWNER'S MANUAL" in a type at least 6.5 millimeters (¼ in) in height and 1 millimeter (3/64 in) stroke. The color of the wording shall be in definite contrast to the background color to which it is applied.

(9) Fuel Methanol

(a) How to Identify Fuel Methanol - fuel methanol shall be identified by the capital letter M followed by the numerical value volume percentage of methanol. (Example: M85).

(b) Retail Dispenser Labeling - each retail dispenser of fuel methanol shall be labeled by the capital letter M followed by the numerical value volume percent and ending with the word "methanol" (Example: M85 Methanol).

(c) Additional Labeling Requirements - Fuel Methanol shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306. Additionally, a label shall be posted which states "CHECK OWNER'S MANUAL - For Use in Methanol Variable Fuel Vehicles (VFV) Only". This label shall be posted on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 millimeters (1/2 in) in height, 1.5 millimeters (1/16 in) stroke (width of type).

(10) Liquefied Petroleum (LP) Gas

(a) How to Identifiy Liquefied Petroleum Gas - liquefied petroleum gases intended for use as a motor fuel shall be identified by grades Commercial Propane or Special-Duty Propane (HD5).

(b) Retail Dispenser Labeling- each retail dispenser of liquefied petroleum gases intended for use as a motor fuel shall be labeled as "Commercial Propane" or "Special-Duty Propane (HD5)".

(c) Additional Labeling Requirements - liquefied Petroleum Gas intended for use as a motor fuel shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

(11) Racing Gasoline

(a) How to Identify Racing Gasoline - racing gasoline shall be identified as Racing Gasoline.

(b) Posting of Antiknock Index Required - all dispensing devices of racing gasoline shall post the Antiknock Index in accordance with applicable regulations, 16 CFR Part 306 issued pursuant to the Petroleum Marketing Practices Act, as amended.

(c) Method of Retail Sale - Type of Oxygenate Must be Disclosed - all racing gasoline kept, offered, or exposed for sale, or sold, at retail containing at least 0.15 percent by mass oxygen shall be identified by a label that lists all oxygenates contained in the fuel. The information shall be posted on the upper 50 % of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 millimeters (1/2 in.) in height and 1.5 millimeters (1/6") stroke (width of type).

(d) Documentation for Dispenser Labeling Purposes - the retailer shall be provided, at the time of delivery of the fuel, on an invoice, bill of lading, shipping paper, or other documentation, a declaration of all oxygenates present in concentration sufficient to yield an oxygenate content of at least 0.15 mass percent in the fuel.

(12) Biodiesel and Biodiesel Blends

(a) How to Identify Biodiesel - Biodiesel shall be identified by the term "Biodiesel" with the designation "B100" or "B99". Biodiesel blends containing more than 5 percent by volume shall be identified by the term "Biodiesel Blend".

(b) Labeling of Dispensers Containing more than Five Percent (5 %) and Up to Twenty Percent (20 %) Biodiesel

1. Each dispenser of biodiesel blends containing more than 5 % and up to and including 20 % by volume shall be identified with either the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel and ending with "Biodiesel Blend". (Examples: B10 Biodiesel Blend; B20 Biodiesel Blend, or the phrase "Biodiesel Blend between 5% and 20%" or similar words.)

2. Labeling of Grade Required

(i) Biodiesel shall be identified by the grade terms specified in ASTM D6751.

(ii) Biodiesel Blends shall be identified by the grade terms contained within ASTM D7467. Additionally, the diesel grade component as contained within ASTM D975 for grades other than No. 2-D shall also be identified except the sulfur extension designations are not required (sulfur declarations are required under 0080-5-12-.03 (12)(c).

3. Each dispenser of biodiesel blends containing more than 5 % and up to and including 20% by volume biodiesel shall display a label that reads "CHECK OWNER'S MANUAL". This label shall be posted on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at 6.5 millimeters (1/4 in) in height and 1 millimeter (3/64 in) stroke.

(c) All conveyors of biodiesel blends fuel shall also comply with the EPA grade disclosure requirements for sulfur under 40 CFR § 80.572.

(d) Automotive Fuel Rating - Biodiesel and biodiesel blends shall be certified and labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

(e) Documentation of Biodiesel Content on Product Transfer Documents - When biodiesel blends contain more that 5% by volume biodiesel, the retailer shall be provided, at the time of delivery of the fuel, with a declaration of the volume percent biodiesel on product transfer documents such as an invoice, bill of lading, shipping paper, or other document.

(13) Compressed Natural Gas

(a) How to Identify Compressed Natural Gas - Compressed natural gas shall be identified by the term "Compressed Natural Gas" or "CNG".

(b) Retail Dispenser Labeling

1. Each retail dispenser of CNG shall be labeled as "Compressed Natural Gas".

2. Each retail dispenser of CNG shall be labeled with its fuel rating in accordance with 16 CFR Part 309.

(14) Liquefied Natural Gas

(a) How to Identify Liquefied Natural Gas - Liquefied natural gas shall be identified by the term "Liquefied Natural Gas" or "LNG".

(b) Retail Dispenser Labeling

1. Each retail dispenser of LNG shall be labeled as "Liquefied Natural Gas".

2. Each retail dispenser of LNG shall be labeled with its fuel rating in accordance with 16 CFR Part 309.

(15) Dimethyl Ether

(a) How to Identify Dimethyl Ether - dimethyl ether intended for use as a motor fuel in engines specifically designed or modified for DME and for blending with liquefied petroleum gas (LPG) shall be identified Dimethyl Ether (DME).

(b) Retail Dispenser Labeling - each retail dispenser of DME intended for use as a motor fuel shall be labeled as "Dimethyl Ether" or "DME"

(c) Additional Labeling Requirements - Dimethyl Ether intended for use as a motor fuel shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

(Original rule filed April 6, 1990; effective May 21, 1990. Amendment filed August 31, 2000; effective December 29, 2000. Amendment filed June 22, 2005; effective October 28, 2005. Emergency rule filed April 27, 2006; expired on October 9, 2006. On October 10, 2006, rule reverted to status in effect October 28, 2005. Amendment Filed February 6, 2007; effective June 28, 2007. Repeal and new rule filed September 4, 2014; effective December 3, 2014.)

Authority: T.C.A. §§ 4-3-203 and 47-18-1309.

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