§ 40-7-102 — Definitions

(a) As used in this act:
(i) "Antifreeze manufacturer" means any person who
packages antifreeze products in containers for storage,
distribution or sale in this state;
(ii) "Antifreeze products" means any fluid which will
prevent freezing or enhance cooling efficiency of the cooling
system, radiator or heat transfer system of an engine when added
to that system;
(iii) "ASTM" means the American Society for Testing
and Materials;
(iv) "Board" means the state board of agriculture;
(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;
(vii) "Department" means the Wyoming department of
agriculture;
(viii) "Diesel fuel" means a refined petroleum
product suitable as a fuel 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 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;
(xi) "Gasohol" means a motor fuel composed of ninety
percent (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 all grades and qualities;
(xiii) "Liquefied petroleum gas" or "LP" means a
volatile petroleum product which can be used as either a liquid
or a gas for domestic, commercial, industrial or engine fuel,
including all grades and qualities, composed predominately of
the following hydrocarbons or mixtures thereof: propane,
propylene, butanes and butylenes, but excluding prepackaged
nonrefillable liquefied petroleum gas products;
(xiv) "Mislabeled" means a package label or
dispensing device 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,
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;
(xvi) "Products" means all petroleum products and
antifreeze products;
(xvii) "Retail dealer" means any dealer or person who
sells products to the consumer or user of the products;
(xviii) "Sell" or "sale" means the delivery or
distribution of a product to a consumer and includes barter and
exchange;
(xix) "Wholesale dealer" or "supplier" means a dealer
who sells products to a retail dealer;
(xx) "Biodiesel" means a fuel comprised of mono akyl
esters of long chain fatty acids derived from vegetable oils or
animal fats which may or may not be blended with diesel fuel;
(xxi) "Biofuel" means any commercially produced
liquid or gas used to propel motor vehicles or otherwise
substitute for liquid or gaseous fuels that is derived from
agricultural crops or residues or from forest products or
byproducts, as distinct from petroleum or other fossil carbon
sources. "Biofuel" includes, but is not limited to, ethanol,
methanol derived from biomass, levulinic acid, biodiesel,
pyrolysis oils from wood, hydrogen or methane from biomass, or
combinations of any of the above that may be used to propel
motor vehicles either alone or in blends with conventional
gasoline or diesel fuels;
(xxii) "Nonrefined products" means any liquid or gas
added to diesel, gasoline or gasohol comprising more than one-
half of one percent (.5%) by volume and that:
(A) Is not refined; or
(B) Was added after the diesel fuel, gasoline or
gasohol left the refinery.
(xxiii) "Oxygenate" means an oxygen-containing,
ashless, organic compound which can be used as a fuel, or fuel
supplement such as, but not 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 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;
(xxvii) "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;
(xxviii) "Ethanol" or "denatured fuel ethanol" 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 for drinking by the addition of
United States bureau of alcohol, tobacco, and firearms approved
substances before blending with gasoline;
(xxix) "Gasoline alcohol blend" 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;
(xxx) "Low sulfur" means low sulfur diesel fuel that
meets ASTM D 975 standards, including grade low sulfur no. 1-D
S500 or grade low sulfur no. 2-D S500. Diesel fuel containing
higher amounts of sulfur for off-road use is defined by United
States environmental protection agency regulations;
(xxxi) "M100 fuel methanol" means nominally anhydrous
methyl alcohol, generally containing small amounts of additives,
suitable for use as a fuel in a compression-ignition internal
combustion engine;
(xxxii) "M85 fuel methanol" means a blend of methanol
and hydrocarbons of which the methanol portion is nominally
seventy percent (70%) to eighty-five percent (85%) volume;
(xxxiii) "Oxygen content of gasoline" means the
percentage of oxygen by mass contained in a gasoline;
(xxxiv) "Substantially similar" means the United
States environmental 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 total
percentage by volume of all alcohol contained in any fuel
defined in this chapter;
(xxxvi) "Total oxygenate" means the aggregate total
percentage by volume of all oxygenates contained in any fuel
defined in this chapter;
(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;
(xxxviii) "This act" means W.S. 40-7-101 through