Chapter 7 - Standards For Antifreeze And Petroleum Products
CHAPTER 7 - STANDARDS FOR ANTIFREEZE AND PETROLEUM PRODUCTS
40-7-101. Products must conform to standards.
No antifreeze product, engine fuel orpetroleum product shall be sold or offered for sale in the state of Wyoming,unless it conforms to the standards of quality prescribed in this act or rulespromulgated under it.
40-7-102. Definitions.
(a) As used in this act:
(i) "Antifreeze manufacturer" means any person whopackages antifreeze products in containers for storage, distribution or sale inthis state;
(ii) "Antifreeze products" means any fluid which willprevent freezing or enhance cooling efficiency of the cooling system, radiatoror heat transfer system of an engine when added to that system;
(iii) "ASTM" means the American Society for Testing andMaterials;
(iv) "Board" means the state board of agriculture;
(v) "Director" means the director of the departmentof agriculture or his duly authorized representative;
(vi) "Dealer" means any person in the business ofdelivering or distributing to a consumer or selling, offering for sale,refining or manufacturing any petroleum products, liquefied petroleum gas,engine fuel or antifreeze products in this state;
(vii) "Department" means the Wyoming department ofagriculture;
(viii) "Diesel fuel" means a refined petroleum productsuitable as a fuel in compression ignition diesel engines, both fixed andmobile, including all grades and qualities;
(ix) "Fuel oil" means a refined petroleum product,commonly known as heating oil, furnace oil, domestic oil or distillates, usedfor heating, power generation and cooking purposes, including all grades andqualities;
(x) "Gasoline" means a volatile substance produced,manufactured, blended, distilled or compounded from petroleum, natural gas,oil, shale oils or coal and other volatile flammable liquids which can be usedas a fuel in a spark ignition internal combustion engine, and which meets thestandards and specifications of this act. "Gasoline" includes allgrades and qualities, leaded or unleaded, but excludes diesel fuel;
(xi) "Gasohol" means a motor fuel composed of ninetypercent (90%) gasoline by volume and ten percent (10%) denatured ethanol by volume;
(xii) "Kerosene" means a refined petroleum product,also known as kerosine, used as heating or illuminating oil that includes allgrades and qualities;
(xiii) "Liquefied petroleum gas" or "LP" meansa volatile petroleum product which can be used as either a liquid or a gas fordomestic, commercial, industrial or engine fuel, including all grades andqualities, composed predominately of the following hydrocarbons or mixturesthereof: propane, propylene, butanes and butylenes, but excluding prepackagednonrefillable liquefied petroleum gas products;
(xiv) "Mislabeled" means a package label or dispensingdevice of a product which bears any statement, design or device regarding it,regarding ingredients or substances therein, or regarding the properties,quality or kind of the products, which is false or misleading in any manner;
(xv) "Petroleum products" means all illuminating, fueland power oils, which are products of petroleum, or into which petroleum or anyproduct of petroleum enters or is found as a constituent, and includes but isnot limited to gasoline, kerosene, diesel fuel, fuel oil, gasohol, gasolinealcohol blends, biodiesel blends, engine fuels and liquefied petroleum gas. Anypetroleum product sold at retail shall have a designation and meetspecifications provided by the ASTM;
(xvi) "Products" means all petroleum products andantifreeze products;
(xvii) "Retail dealer" means any dealer or person whosells products to the consumer or user of the products;
(xviii) "Sell" or "sale" means the delivery ordistribution of a product to a consumer and includes barter and exchange;
(xix) "Wholesale dealer" or "supplier" meansa dealer who sells products to a retail dealer;
(xx) "Biodiesel" means a fuel comprised of mono akylesters of long chain fatty acids derived from vegetable oils or animal fatswhich may or may not be blended with diesel fuel;
(xxi) "Biofuel" means any commercially produced liquidor gas used to propel motor vehicles or otherwise substitute for liquid orgaseous fuels that is derived from agricultural crops or residues or fromforest products or byproducts, as distinct from petroleum or other fossilcarbon sources. "Biofuel" includes, but is not limited to, ethanol,methanol derived from biomass, levulinic acid, biodiesel, pyrolysis oils fromwood, hydrogen or methane from biomass, or combinations of any of the abovethat may be used to propel motor vehicles either alone or in blends withconventional gasoline or diesel fuels;
(xxii) "Nonrefined products" means any liquid or gasadded to diesel, gasoline or gasohol comprising more than one-half of onepercent (.5%) by volume and that:
(A) Is not refined; or
(B) Was added after the diesel fuel, gasoline or gasohol leftthe refinery.
(xxiii) "Oxygenate" means an oxygen-containing, ashless,organic compound which can be used as a fuel, or fuel supplement such as, butnot limited to, ether, ethanol, methanol and other alcohols;
(xxiv) "Refining" means the cracking, distillation,separation, conversion, upgrading, and finishing of petroleum products;
(xxv) "Biodiesel blend" means a fuel comprised of ablend of biodiesel fuel with petroleum-based diesel fuel, designated BXX. Inthe abbreviation BXX, the "XX" represents the volume percentage ofbiodiesel fuel in the blend;
(xxvi) "E85 fuel ethanol" means a blend of ethanol andhydrocarbons of which the ethanol portion is nominally seventy-five percent(75%) to eighty-five percent (85%) volume denatured fuel ethanol;
(xxvii) "Engine fuel" means any liquid or gaseous matterused for the generation of power in an internal combustion engine. "Engine fuel" includes but is not limited to fuels derived frompetroleum, biomass and vegetable oils, new or used. Any engine fuel sold atretail must have a designation and meet specifications provided by the ASTM;
(xxviii) "Ethanol" or "denatured fuel ethanol"means nominally anhydrous ethyl alcohol meeting ASTM D 4806 standards. It isintended to be blended with gasoline for use as a fuel in a spark-ignitioninternal combustion engine. The denatured fuel ethanol is first made unfit fordrinking by the addition of United States bureau of alcohol, tobacco, andfirearms approved substances before blending with gasoline;
(xxix) "Gasoline alcohol blend" means a fuel consistingprimarily of gasoline and a substantial amount (more than thirty-fivehundredths percent (0.35%) mass of oxygen or more than fifteen hundredthspercent (0.15%) mass of oxygen if methanol is the only oxygenate) of one (1) ormore alcohols;
(xxx) "Low sulfur" means low sulfur diesel fuel thatmeets ASTM D 975 standards, including grade low sulfur no. 1-D S500 or gradelow sulfur no. 2-D S500. Diesel fuel containing higher amounts of sulfur foroff-road use is defined by United States environmental protection agencyregulations;
(xxxi) "M100 fuel methanol" means nominally anhydrousmethyl alcohol, generally containing small amounts of additives, suitable foruse as a fuel in a compression-ignition internal combustion engine;
(xxxii) "M85 fuel methanol" means a blend of methanol andhydrocarbons of which the methanol portion is nominally seventy percent (70%)to eighty-five percent (85%) volume;
(xxxiii) "Oxygen content of gasoline" means the percentageof oxygen by mass contained in a gasoline;
(xxxiv) "Substantially similar" means the United Statesenvironmental protection agency's substantially similar rule, section 211(f)(1)of the Clean Air Act, 42 U.S.C. 7545(f)(1);
(xxxv) "Total alcohol" means the aggregate totalpercentage by volume of all alcohol contained in any fuel defined in thischapter;
(xxxvi) "Total oxygenate" means the aggregate totalpercentage by volume of all oxygenates contained in any fuel defined in thischapter;
(xxxvii) "Ultra low sulfur diesel" means ultra low sulfurdiesel fuel that meets ASTM D 975 standards and contains no more than fifteen(15) parts per million (1,000,000) sulfur, including grade ultra low sulfur no.1-D S15 or grade ultra low sulfur no. 2-D S15;
(xxxviii) "This act" means W.S. 40-7-101 through 40-7-111.
40-7-103. Board to promulgate standards.
(a) The board shall promulgate rules and standards of qualityfor products to implement this act, including the adoption of ASTM or otherappropriate standards or specifications and definitions for products notdefined in this chapter, subject to the following:
(i) Repealed by Laws 2009, Ch. 130, 2.
(ii) Repealed By Laws 2009, Ch. 130, 2.
(iii) Fuel oil ASTM grades No. 1 and No. 2 shall have a flashpoint not lower than one hundred fifteen degrees Fahrenheit (115 F);
(iv) Fuel oil ASTM grades No. 4, No. 5 and No. 6 shall notcontain more than one and one-half percent (1.5%) sulfur by weight;
(v) Kerosene shall:
(A) Repealed By Laws 2009, Ch. 130, 2.
(B) Repealed By Laws 2009, Ch. 130, 2.
(C) Have a flash point not lower than one hundred fifteendegrees Fahrenheit (115 F);
(D) Meet the standards set forth in ASTM D3699.
(vi) Any gasoline, gasohol or diesel fuel sold in the wholesaleor retail market place that contains any oxygenate, biofuel or nonrefinedproduct shall be clearly labeled with the name and maximum percentage by volumeof any ethanol or other oxygenate, biofuel or nonrefined product.
40-7-104. Penalty for violations.
Any person violating any of the provisionsof this act is guilty of a misdemeanor punishable by a fine of not more thanseven hundred fifty dollars ($750.00).
40-7-105. Enforcement.
The director shall enforce this act andshall periodically collect, samples of petroleum, engine fuel and antifreezeproducts for analysis from every storage tank directly supplying these productsto retail dispensing devices located at a retail sales facility. At least one(1) sample per year shall be taken from each storage tank by a dispenserlocated at a retail sales facility. The sample shall be acquired afterallowing at least one (1) gallon of product to flow from the dispenser. Thedirector may collect samples from pipelines, storage tanks and transport tanksat refineries and intermediate storage and dispensing facilities as he deemsnecessary.
40-7-106. Seizure and sale.
Any product sold, stored, transported oroffered for sale as a petroleum product, engine fuel or antifreeze in thisstate which does not conform to the provisions of this act or rules promulgatedunder it shall be seized by the director and sold in accordance with state law.The proceeds of the sale shall be applied on payment of court costs or othernecessary expenses incurred in making the seizure and condemnation.
40-7-107. Analysis by state chemist; ASTM standards to apply.
(a) The state chemist shall make, or cause to be made under hisdirection, analysis and examinations of the petroleum and antifreeze productsfurnished to him by the director, or his deputies, to determine whether theproducts conform to this act and rules promulgated under it and shall certifyexamination results to the director following applicable ASTM methodsdesignated in the ASTM standards required for each product.
(b) ASTM specifications and definitions for petroleum productsnot defined in Wyoming statutes shall be adopted by the board.
40-7-108. Repealed By Laws 1985, ch. 134, 2.
40-7-109. Exemption for retail dealer.
No retail dealer shall be subject topenalties under this act if he relied on a written guarantee or invoice from awholesaler or supplier that the products delivered complied with this act.
40-7-110. Antifreeze must be approved by state chemist.
No antifreeze dealer shall sell or offerfor sale any antifreeze product which has not been approved by the statechemist and registered with the department on forms prescribed by thedepartment. Registration forms shall only be submitted by a manufacturer.Registration does not expire, but a registration shall be amended to reflectany changes in product formulation or product package labeling.
40-7-111. Electronic transmittals.
The director may allow the testing,inspection and reporting requirements of this chapter to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S.40-21-101 through 40-21-119 and any applicable federal electronic requirements.