Wyo. Code R. 010-0005-52
General Agency, Board or Commission Rules
Chapter 52: Wyo. Petroleum & Antifreeze Products Standards & Regulations
Effective Date: 01/03/2018 to Current
Rule Type: Current Rules & Regulations
Reference Number: 010.0005.52.01032018
Section 1. Authority. Pursuant to the authority provided by Wyoming Statute § 40-7-103, the Wyoming Department of Agriculture hereby promulgates and adopts the following regulations.
(a) 'Automotive Spark-Ignition Engine Fuel' means all grades and qualities of gasoline, either leaded or unleaded, and gasoline-oxygenate blends, either leaded or unleaded;
(b) 'EPA' means the United States Environmental Protection Agency;
(c) 'Fuel' means all petroleum products used to generate power, heat or illumination;
(d) 'Gasoline-oxygenate blend' means a homogeneous liquid fuel blend consisting primarily of gasoline and a substantial amount of one or more oxygenates. This definition includes but is not limited to the following:
(i) Gasohol
(ii) Leaded gasohol meaning any spark-ignition engine fuel containing a nominal ten volume percent (10%) anhydrous denatured fuel ethanol and ninety volume percent (90%) leaded gasoline, regardless of other name, grade or designation.
(iii) Any gasoline oxygenate blend which meets the EPA's 'Substantially Similar' rule.
(iv) Any Gasoline-oxygenate blend for which there is an existing Clean Air Act waiver issued by the EPA.
(e) 'Leaded' means any gasoline or gasoline-oxygenate blend which contains not less than 0.05 grams lead per U.S. gallon or contains an EPA registered gasoline additive formulated to reduce valve seat recession in engines designed to operate on leaded gasoline, which provides a lead equivalency of at least 0.10 grams lead per U.S. gallon;
(f) 'This chapter' means Chapter 52.
(g) 'Unleaded' means any gasoline or gasoline-oxygenate blend to which no lead or phosphorus compounds have been intentionally added and which contains not more than 0.05 grams lead per U.S. gallon and not more than 0.005 grams phosphorus per U.S. gallon.
(h) 'The act' means W.S. § 40-7-101 through 40-7-111
(i) 'Department' means the Wyoming Department of Agriculture.
(j) 'Director' means the Director of the Wyoming Department of Agriculture (k) “Establishment” means a place of business at a single physical location.
(l) “Antifreeze” Means any substance or preparation sold, distributed or intended for use as a cooling liquid, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid, to lower its freezing point, or to raise its boiling point.
(m) “Manufacturer” means the manufacturer, packer, seller or distributor of any antifreeze product.
(a) The fill pipe box cover for any automotive fuel storage tank or vessel supplying gasoline shall be permanently, plainly, and visibly marked in such a manner as to identify what type of gasoline each storage tank delivers to a particular motor fuel dispenser. The markings may include the words, or abbreviation of the words, regular unleaded, unleaded plus, super unleaded, or a related color code scheme, such as white, blue, green and red. If the fill pipe box covers are marked by means of a color code scheme, a color code legend shall be conspicuously displayed at the place of business.
(b) The automotive fuel rating of gasoline sold or offered for sale from a motor fuel dispenser shall not be less than the automotive fuel rating posted on the dispenser.
(c) Retail dispensers of biodiesel blends containing more than 5% biodiesel must be labeled with the capital letter “B” followed by the value representing the volume percentage of biodiesel and ending with either “biodiesel” or “biodiesel blend.” For example:
(ii) The label must be placed in the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver’s position.
(d) Each Grade dispensing ethanol blends of no less than 1% and no more than 10% must be labeled “Contains up to 10% Ethanol.”
(e) Each Grade dispensing ethanol blends of no less than 10% and no more than 15% must be labeled “Contains up to 15% Ethanol.”
(f) E85 pumps must be labeled with the capital letter “E” and the number “85” ending with the word “ethanol.”
(g) Blends higher than E15 and less than E51 can only be used in FFVs and must meet the standards set by EPA for such blends.
(h) For purposes of assessing penalties for violations of this section, each incorrect posting of an automotive fuel rating or other labeling requirement as outlined in Section 3 subsection a-g on a motor fuel dispenser shall be considered a separate violation.
(a) Exceptions to ASTM standards for fuel oil:
(i) ASTM grades No. 1 and No. 2 shall not have a flash point lower than one hundred fifteen degrees Fahrenheit (115@ F).
(ii) ASTM grades No. 4, No. 5 and No. 6 shall not exceed one and one-half percent (1.5%) sulfur by weight.
(b) Exceptions to ASTM standards for diesel fuel:
(i) ASTM grade No. 1 shall be a clear product free of water and sediment.
(c) Exceptions to ASTM standards for gasoline:
(i) Gasoline shall be a clear homogeneous liquid free of water and sediment;
(ii) The minimum lead content for gasoline labeled 'regular' or 'leaded' shall be as defined in Section 2.(e) of this chapter.
(iii) Requirements imposed by the EPA shall take precedence over ASTM standards, where applicable.
(iv) The allowable reductions in vehicle anti knock requirements for altitude are 4.5 for less than 89 Antiknock Index (AKI), and 3.0 for greater than 89 AKI. Fuel may be marketed using these reductions, but actual AKI minimum must be posted.
(d) Exceptions to ASTM standards for kerosene:
(i) Kerosene shall be free of water and suspended material.
(ii) Kerosene shall have a color no darker than No. 16 Saybolt.
(iii) Kerosene shall have a flash point not lower than one hundred fifteen degrees Fahrenheit (115@ F).
Section 5. Registration of Antifreeze Products. It is unlawful to sell, offer for sale, keep for sale or store in Wyoming any antifreeze product which has not been approved by the State Chemist and registered with the Department on forms provided by the Department.
(a) Application for registration of antifreeze products shall be made by the manufacturer of same and not by the distributor, supplier, wholesale dealer, or retail dealer.
(b) To effect registration of an antifreeze product, the manufacturer of said product must submit to the State Chemist, the following:
(i) One complete copy of the registration application prescribed by the Department, all information in the ingredients statement is confidential.
(ii) One copy of the antifreeze product label which must include:
(A) The antifreeze product name; (B) The name and address of the manufacturer or distributor; (C) The active ingredients.
(iii) A certified laboratory test report or certificate of analysis for each product on which registration is being requested.
(c) When the manufacturer applies for an amended registration of an antifreeze product, the registration being replaced will remain in effect for one year following the date of approval of the new application.
Section 6. Exemption for Retail Dealer and Records. No retail dealer shall be subject to the penalties of this Chapter if:
(a) The retail dealer has an invoice from the wholesale dealer or supplier that the product delivered complies with the provisions of this Chapter;
(b) The retail dealer has any other guarantee or document issued by the wholesale dealer or supplier that the product delivered complies with this Chapter;
(c) The said invoice or guarantee shows the following:
(i) Wholesale dealer or supplier name and address; (ii) Quantity of product delivered; (iii) Manufacturer's name and address for the product delivered; (iv) Date the product was delivered; (v) The true name and grade of the product delivered.
Section 7. Fuel Quality Inspection Routine Inspection Schedule. Retail locations will be inspected by the Director or his designee and will be unannounced inspections during regular business hours. Trucks, Tank Wagons, Airports, Marinas, Card Lock Facilities and any Unmanned Retail Facilities will be scheduled at least 48 hours prior to the inspection for routine inspections.