New York One-Pager (State's Fuel Quality Regulation) Return to Map
	Department	NY Bureau of Weights & Measures		NCWM Region	NEWMA
	Primary Contact	Ross J. Andersen		Last Modified	02/07/09 02:25pm
	Phone	(518) 457-3146
	Email	ross.andersen@agmkt.state.ny.us
	What's needed for a successful program?	Regulations governing the enforcement of biodiesel quality by the state Weights and Measures department
AUTHORITY
	Fuel Authority	Statutory (enacted legislation); Regulatory (state regulations)
	Statutory/Regulatory Citation	Agriculture and Markets Law Section 192-a, b, c; 1NYCRR Part 224.3; NY Tax Law 28 and 282. For purposes of this subdivision "biodiesel" shall mean a diesel motor fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545) and that meets the American Society for Testing and Materials D6751-02a Standard Specification for Biodiesel Fuel (B100)Blend Stock for Distillate Fuels.
ADOPTED FUEL SPECIFICATIONS
	Fuels Currently Regulated	Biodiesel-Blends_yes; B100-Biodiesel_no; Diesel Fuel_yes
	Fuel Specifications	PetroDiesel_ASTM D975; B100_ASTM D6751; B1-B5_ASTM D975; B6-19_other
	Other Specifications	B6-B20 ASTM D 7467 as approved by ASTM in October 2008
	If no spec - plan to adopt	In light of recent laws we are considering regulatory adoption of ASTM D 6751 for biodiesel. W&M is considering use of the critical 5 property Surveillance Program for use at in-state producers. NY must formally adopt the ASTM specifications in regulation and work out the copyright agreements with ASTM before the specs can be published and become effective.
	Process to Adopt Specifications	Legislative Process; Administrative Rulemaking
	ASTM-Rev Adopted	not automatic - use earlier revision, til law / regulations revised
TESTING PROGRAMS
	Proactive Tests	Biodiesel Blends (Bxx); Petroleum Diesel
	Reactive Test Circumstance	Any consumer complaint
	Fuel Test Performed	Flash Point; Visual; Cetane; Sulfur; Distillation
	Where Sampled	Retailer; Terminal / Blender
	Where Tested	Out-Sourced
	Penalties	State and Local W&M officials may issue stop-removal orders to stop sale of substandard product. Penalties for violation of standards can range from $500 to $10,000 for octane and other performance standards.
	How to Report	State Weights & Measures or local Weights & Measures Director.
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