Antifreeze and petroleum products.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0037

ENROLLED ACT NO. 46, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2009 GENERAL SESSION

AN ACT relating to
standards for
antifreeze and
petroleum products;
modifying definitions;
requiring disclosure of engine fuels and fuel blends included in gasoline or diesel when sold to a wholesaler, retailer or consumer; modifying rulemaking authority; providing enforcement authority; providing
an
appropriation;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 40
‑
7
‑
101, 40
‑
7
‑
102(a)
(v), (vi),
(viii) through (x), (xii)
,
(xv), by creating new paragraphs (xxv) through (xxxv
i
i
)
and
by renumbering (xxv) as (xxxv
i
i
i
),
40
‑
7
‑
103(a)(intro), (v)(intro)
,
by creating a new subparagraph (D)
and
(vi), 40
‑
7
‑
105
, 40
‑
7
‑
106
and 40
‑
7
‑
107
(a)
are amended to read:

40
‑
7
‑
101.

Products must conform to standards.

No antifreeze product
, engine fuel
or petroleum 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 rules promulgated under it.

40
‑
7
‑
102.

Definitions.

(a)

As used in this act:

(v)

"Director" means the director of the department of agriculture

or his duly authorized representative
;

(vi)

"Dealer" means any person in the business of delivering 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;

(viii)

"Diesel fuel" means a refined petroleum product suitable as a fuel
for
in compression ignition

diesel engines, both fixed and mobile, including all grades and qualities;

(ix)

"Fuel oil" means a refined petroleum product, commonly known as heating oil, furnace oil, domestic oil or distillates, used for heating
, power generation
and cooking purposes, including all grades and qualities;

(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 used as a fuel
for an

in a spark ignition
internal combustion engine, and which meets the standards and specifications of this act. "Gasoline" includes all grades and qualities, leaded or unleaded, but excludes diesel fuel;

(xii)

"Kerosene" means a refined petroleum product, also known as
kerosene

kerosine
, used as
heating or

illuminating oil that includes all grades and qualities;

(xv)

"Petroleum products" means all illuminating, fuel and power oils, which are products of petroleum, or into which petroleum or any product of petroleum enters or is found as a constituent, and includes but is not limited to gasoline, kerosene, diesel fuel, fuel oil, gasohol
, gasoline alcohol blends, biodiesel blends
, engine fuels
and liquefied petroleum gas
.

Any petroleum product sold at retail shall have a designation and meet specifications provided by the ASTM
;

(xx
v
)

"Biodiesel blend"

means a fuel comprised of a blend of biodiesel

fuel with petroleum-based diesel fuel, designated BXX.

In the abbreviation BXX, the
"
XX
"
represents the volume percentage of biodiesel fuel in the blend
;

(xxvi)

"E85 fuel ethanol"

means a blend of ethanol and hydrocarbons of which the ethanol portion is nominally seventy-five
percent
(75
%
) to eighty-five
percent
(85
%
) volume denatured fuel ethanol;

(xx
v
ii
)

"
Engine fuel
"
means any liquid or gaseous matter used for the generation of power in an internal combustion engine.
"Engine fuel"
includes but is not limited to fuels derived from petroleum, biomass and vegetable oils
,
new or used
. Any engine fuel sold at retail must have a designation and meet specifications provided by the ASTM
;

(xx
viii
)

"
Ethanol
" or "d
enatured f
uel
e
thanol
"
means nominally anhydrous ethyl alcohol meeting ASTM D 4806 standards.

It is intended to be blended with gasoline for use as a fuel in a spark-ignition internal combustion engine.

The denatured fuel ethanol is first made unfit f
or drinking by the addition of
United States
bureau of alcohol, t
obacco, and
f
irearms

approved substances before blending with gasoline
;

(xx
ix
)

"Gasoline a
lcohol
b
lend
"

means
a fuel consisting primarily of gasoline and a substantial amount (more than
thirty-five hundredths percent (
0.35
%)
mass of oxygen
or more than
fifteen hundredths percent (
0.15
%)
mass of oxygen if methanol is the only oxygenate) of one
(1)
or more alcohols
;

(xx
x
)

"
Low
s
ulfur
"
means low sulfur diesel fuel that meets ASTM D 975 standards
, including g
rade
l
ow
s
ulfur
n
o. 1-D
S500
or
g
rade
l
ow
s
ulfur
n
o. 2-D
S500
.

Diesel fuel containing higher amounts of sulfur for off-road use is defined by
United States
environmental protection agency
regulations
;

(xx
xi
)

"
M100
f
uel
m
ethanol
"

means nominally anhydrous methyl alcohol, generally containing small amounts of additives, suitable for use as a fuel in a compression-ignition internal combustion engine
;

(xx
xii
)

"
M85
f
uel
m
ethanol
"
means a blend of methanol and hydrocarbons of which the methanol portion is nominally
seventy
percent
(
70
%
)
to
eighty-five
percent
(
85
%
)
volume
;

(xx
xiii
)

"
Oxygen
c
ontent of
g
asoline
"
means the percentage of oxygen by mass contained in a gasoline
;

(xx
xiv
)

"
Substantially
s
imilar
"

means
the
United States
environmental protection agency
's
s
ubstantially
s
imilar

r
ule, s
ection 211(f)(1) of the Clean Air Act
,
42 U.S.C. 7545(f)(1)
;

(xx
xv
)

"
Total
a
lcohol
"

means the aggregate total
percentage by
volume of all alcohol contained in any fuel defined in this
c
hapter
;

(xx
xvi
)

"
Total
o
xygenate
"

means the aggregate total
percentage by
volume of all oxygenates contained in any fuel defined in this
c
hapter
;

(xxxvii)

"Ultra low sulfur diesel" means
ultra low sulfur diesel 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;

(xxv)
(xxxvi
i
i
)

"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 quality for products to implement this act
,
.
All petroleum products shall conform to

including the adoption of

ASTM
or other appropriate

standards
as adopted by the board

or specifications and definitions for products not defined in this chapter,
subject to the following:

(v)

Kerosine

Kerosene
shall:

(D)

Meet the standards set forth in ASTM D3699.

(vi)

Any gasoline, gasohol or diesel fuel sold in the wholesale or retail market place that contains any oxygenate, biofuel or nonrefined product shall be clearly labeled with the name and
minimum

maximum
percentage by volume of any ethanol or other oxygenate, biofuel or nonrefined product.

40
‑
7
‑
105.

Enforcement.

The director shall enforce this act and
may

shall

periodicall
y
collect,
either by himself or his deputies,
samples of

petroleum
, engine fuel
and antifreeze products for analysis

from every storage tank
directly supplying these products
to 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 dispenser
located at a retail sales facility.
The sample shall be acquired after allowing at least one (1) gallon of product to flow from the dispenser.
The
director may
collect
samples
from pipelines,

storage
tanks
and transport tanks
at refineries and intermediate
storage and dispensing
facilities as
he
deems
necessary.

40
‑
7
‑
106.

Seizure and sale.

Any product sold, stored, transported or offered for sale as a petroleum product
, engine fuel or antifreeze
in this state which does not conform to the provisions of this act or rules promulgated under it shall be seized by the director
of the department of agriculture
and sold
by him
in accordance with state law. The proceeds of the sale shall be applied on payment of court costs or other necessary 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 his direction, analysis and examinations of the petroleum and antifreeze products furnished to him by the
commissioner

director
, or his deputies, to determine whether the products conform
with
to
this act and rules promulgated under it and shall certify examination results to the
commissioner
director
following applicable ASTM methods designated in the ASTM standards required for each product
.

Section 2.

W.S. 40
‑
7
‑
103(a)
(i), (ii)
,
(v)(A) and (B)
is
repealed.

Section
3
.

(a)

There is appropriated
t
wo hundred
five
thousand six hundred dollars ($
2
05
,600.00)
from the
general fund
to the
department
of agriculture
for the period beginning with the effective date of this act and ending June 30, 2010.

Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on
June 30, 2010
.

This appropriation shall only be expended
as f
o
llows:

(i)

O
ne hundred eighty thousand six hundred dollars ($180,600.00) to purchase equipment and instruments necessary for the analytical testing
program;

(ii)

Twenty-five
thousand dollars ($
25
,000.00) for consumable supplies and contractual testing of octane in selected samples by an externa
l laboratory.

Section
4
.

This act is effective July 1, 2009.

(End)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1