CHAPTER 16.  ANTIFREEZE 
[OAR Docket #17-500]  
RULEMAKING ACTION:  
PERMANENT final adoption  
RULES:  
Subchapter 1. General Provisions  
165:16-1-1. Purpose [AMENDED]  
165:16-1-2. Definitions [AMENDED]  
165:16-1-3. Applicability [AMENDED]  
165:16-1-4. Authority of the Commission [AMENDED]  
Subchapter 3. Applications and Permits  
165:16-3-1. General requirements [AMENDED]  
165:16-3-2. Application for special permitsvariance [AMENDED]  
165:16-3-3. Cancellation of permit [REVOKED]  
Subchapter 5. Testing of Antifreeze  
165:16-5-1. Testing of ethyle ne glycol antifreeze [AMENDED]  
165:16-5-2. Testing of metha nol type antifreeze [AMENDED]  
165:16-5-3. Testing of prediluted aqueous  ethylene glycol antifreeze [AMENDED]  
165:16-5-4. Testing of propyle ne glycol antifreeze [AMENDED]  
Subchapter 7. Adulte ration and Misbranding  
165:16-7-1. Adulteration [AMENDED]  
165:16-7-2. Misbranding and labeling [AMENDED]  
Subchapter 9. Advertising  
165:16-9-1. Advertising [AMENDED]  
Subchapter 11. Penalty for Violation  
165:16-11-1. Penalty [AMENDED]  
AUTHORITY:  
The Commission's statutory authority is found in Article IX , Section 18 of the Oklahoma  Constitution, and 47 O.S. §466.  
SUBMISSION OF PROPOSED RULES TO GOVERNOR AND CABINET SECRETARY:  
Although the Oklahoma Corporation Commission is not subject to the requirements of Executive Order No. 2013-34, the proposed ru les 
were submitted to the Governor and Cabinet Secretary on September 21, 2016.  
COMMENT PERIOD:  
September 20, 2016 through December 23, 2016  
PUBLIC HEARING:  
January 24, 2017  
ADOPTION:  
January 24, 2017  
SUBMISSION OF ADOPTED RULES TO GOVERNOR AND LEGISLATURE:  
February 1, 2017  
APPROVED BY GOVERNOR’S DECLARATION:  
Approved by Governor's d eclaration on June 13, 2017  
FINAL ADOPTION:  
June 13, 2017  
EFFECTIVE:  
September 11, 2017  
SUPERSEDED EMERGENCY ACTIONS:  
n/a 
INCORPORATIONS BY REFERENCE:  
165:16-5-1. Testing of ethylene glycol antifreeze  
165:16-5-2. Testing of methanol type antifreeze  
165:16-5-3. Testing of prediluted aq ueous ethylene glycol antifreeze  
165:16-5-4. Testing of propylene glycol antifreeze  
INCORPORATED STANDARDS:  
The American Society for Testing and Materi als (ASTM): Standard Number D3306 Specifica tion for Glycol Base Engine Coolant for 
Automobile and Light-Duty Service (2014); St andard D-1120 Standard Test Method for Boili ng Point of Engine Coolants (2016); Sta ndard D-
1287 Standard Test Method for pH of Engine Coolants and Antirusts (2011); Standard D-1121 Standard Test Method for Reserve Alka linity of 
Engine Coolants and Antirusts (2011); Sta ndard D-1384, Standard Test Method for Corrosi on Test for Engine Coolants in Glassware  (2012); and 
Standard D-1177 Standard Test Method for Freezing Point of Aque ous Engine Coolants (2016).  
INCORPORATING RULES:  
165:16-5-1  
165:16-5-2  
165:16-5-3  
165:16-5-4  
AVAILABILITY:  
8:00 am to 4:30 pm, Monday through Friday at Oklahoma Corpora tion Commission, Office of Petroleum Storage Tank Division, 4th Floor, 
Jim Thorpe Office Building, 2101 N. Lincoln Bl vd., Oklahoma City, OK 73152-2000, 405-521-4683.  
GIST/ANALYSIS:  
OAC 165:16-1-1 is amended to correct punctua tion. OAC 165:16-1-2 is amended to include language requested by the OAR whenever 
there are definitions listed in the rules, to update and clarify, and to match the language used in OAC 165:15; OAC 165:25; and  OAC 165:26. OAC 165:16-1-3 is amended to include all entities subject to the re quirements of OAC 165:16. OAC 165: 16-1-4 is amended to outline a nd detail the 
authority of the Commission pertaining to enforcing antifreeze ru les. OAC 165:16-3-1 is amended to set forth the specific requi rements for an 
application to sell antifreeze in Oklahoma ; to correct rule citations; and to outline the guidelines for antifreeze permitting.  OAC 165:16-3-2 is 
amended to correct grammar. OAC 165:16-3-3 is revoked because it is alr eady in the statute as set forth in 75 Okla. Stat. § 251 . OAC 165:16-5-1 
is amended to include the current edition of the standards inco rporated in the rules as provided in 75 Okla. Stat. § 251. OAC 1 65:16-5-2 is amended 
to include the current edition of the sta ndards incorporated in the rules as provi ded in 75 Okla. Stat. § 251. OAC 165:16-5-3 i s amended to include 
the current edition of the standards incor porated in the rules as provided in 75 Ok la. Stat. § 251. OAC 165:16-5-4 is amended t o include the current 
edition of the standards incorporated in the rules as provided in  75 Okla. Stat. § 251. OAC 165:16 -7-1 is amended to correct th e name of the 
department for permit approval. OAC 165:16-7-2 is amended to correct the name of the department for permit approval; to make a grammatical 
correction for clarification; to include all entities subject to th e rule; and to require a copy to  be provided to PSTD when a label changes. OAC 
165:16-9-1 is amended to include all entitie s subject to the rule. OAC 165:16-11-1 is am ended to clarify what constitutes an of fense. 
CONTACT PERSON:  
Travis Weedn, Senior Attorney, Office of General Counsel, Oklahoma Corporation Comm ission, 2101 N. Lincoln Blvd., P.O. Box 5200 0, 
Oklahoma City, OK 73152-2000, (405)521-4137, t.weedn@occemail.com.  
 
PURSUANT TO THE ACTIONS DESCRIBED HERE IN, THE FOLLOWING RULES ARE CONSIDERED 
FINALLY ADOPTED AS SET FORTH IN  75 O.S., SECTIONS 250.3(5) AND 308(E), WITH AN EFFECTIVE 
DATE OF SEPTEMBER 11, 2017:  
SUBCHAPTER 1.  GENERAL PROVISIONS  
     The purpose of this Chapter is to implem ent the provisions of 47 O.S. (1995) §§ 461 et seq., 
regarding the sale of antifreeze in the State of Oklahoma. 
     The following words and terms, when used in  this Chapter, shall have the following meaning, 
unless the context clearly indicates otherwise:In a ddition to the terms defined in 47 O.S. § 461 et 
seq., the following words or terms, when used in this Chapter, shall have the following meaning 
unless the context clearl y indicates otherwise: 
"Antifreeze"  means all substances and preparations intended for use as the cooling medium, 
or to be added to the cooling liquid, in the cool ing system of an intern al combustion engine to 
prevent freezing or to raise the boiling point. 
"Certified"  means to attest that the analysis is  as represented and meets the required 
standards of this Chapter. 
"Commission"  means the Oklahoma Corporation Comm ission and includes its designated 
divisions, departments, ag ents or representatives. 
"Ethylene glycol antifreeze"  means an antifreeze containing ethylene glycol as the major 
component. 
"Licensee"  means the name and address of th e person who is se llingdistributing, 
manufacturing, marketing, produci ng, selling or transporting anti freeze under a specific brand 
name. 
"Manufacturer"  means any person engaged in the manufacture of any antifreeze sold, 
offered for sale, used,displayed, distributed, produced, used, or consumed in the State of 
Oklahoma. 
"Methanol"  means an antifreeze with an alcohol base. 
"Person"  means any and all persons, including  any individual, firm, partnership, 
corporation, company, trust, LLC, LLP, and associat ion, whether such persons are acting as owner, 
bailee, or agent. 
"Propylene glycol antifreeze"  means an antifreeze containing propylene glycol as the major 
component. 
"Prediluted aqueous ethylene glycol"  means an antifreeze containing a 50 volume percent 
aqueous solution. 
"PSTD"  means the Petroleum Storage Tank Division. 
      This Chapter shall apply to persons w ho display, distribute, manufacture, market, produce, 
store, transport, warehouse, sell, barter, use, or o ffer for sale or resale antifreeze of any brand or 
type in the State of Oklahoma. This Chapter doe s not apply to antifreeze used in manufacturing 
processes and consumptive use on the premises. 
 
165:16-1-4.   Authority of the Commission  
     In addition to other authority prescribed by law, the Commission shall have the authority to: 
(1)    Enforce this Chapter by certificationlicensi ng, inspections, chemical analysis, or any other 
appropriate methods. 
(2)    Call upon and take samples of antifreeze fr om the stocks of any applicant for or any holder 
of an antifreeze permit or any other persons susp ected of selling or distributing, displaying, 
manufacturing, marketing, producing, sell ing, storing, or transporting antifreeze. 
(3)    Access, by legalany means, all places of  businesses of such persons, including buildings, 
vehicles, cars, and vessels used in the manuf acture, transportation, sa le, or storagedisplay, 
distribution, manufacturing, mark eting, producing, sale, storage, or transporting of antifreeze 
during regular business hours. 
(4)    Open, by legalany means, any box, carton,  parcel, or package containing or supposed to 
contain antifreeze, take possession of a representative container signed by receipt, for the purpose 
of taking samples therefrom. 
(5)    Require, request, and demand a bill of lading or other proof of delive ry of antifreeze that on 
it's face appears to be unlicensed. 
 
SUBCHAPTER 3.  APPLICATIONS AND PERMITS 
 
165:16-3-1.   General requirements  
     Before any antifreeze can be bartered,d isplayed, distributed, manufactured, marketed, 
produced, sold, used and/or offered for sale or resa le,or held with intent to sell, or transported 
within the State of Oklahoma, a permit, bearing an  official permit number of the Commission shall 
be obtained by the manufacturer of the antifr eeze from the FuelCompliance and Inspection 
Department of the CommissionPet roleum Storage Tank Division. 
(1)    Application for antifreeze permits shall be made on forms supplied by the Fuel Inspection 
Department and a certified analysis of the antifr eeze covering the specifi cation and standards as 
set out in 165:16-5-1, 165:16-5-2, and 165:16-3-2 shall be submitted with each application. The 
applicant shall further certify that the antifreeze is not misbranded and is properly labeled as set 
out in 165:16-7-2 and such certification shall be  submitted with each applicationsubmitted with 
certified laboratory analysis, copies of the la bels, and $100.00 per brand a nd per type. If PSTD has 
previously approved the formula, a ne w laboratory analysis is not needed. 
(2)    The initial application of  the seller, manufacturer, packer, or distributor shall include the 
payment of a fee of One Hundr ed Dollars ($100.00) for each br and of antifreeze submitted. 
(32)    If said antifreeze m eets the specifications and standard s as set out in 165:16-5-1, 165:16-5-
2, 165:16-5-3 and 165:16-5-4165:16-3-2, and 165:16-7-2, an annuala pe rmit shall be issued to the 
applicant authorizing the sale of such antifreeze for the fiscal year, July 1 to until the end of the 
fiscal year, June 30. 
(43)    On approval of an application for renewal of a permit, the fee shall not exceed One Hundred 
Dollars ($100.00) per annum.Renewal invoices will be sent sixty (60) days before the fiscal year 
expires. The renewal fee is $100.00 per brand and per type. Licensees do not need to resubmit information on individual brands a nd types each year unless the form ula, name of the brand or the 
type has changed. 
(5)    The original permit and/or renewal issu ed by the Commission shall bear the same permit 
number. 
(6)    No permits shall be transferable. 
 
165:16-3-2.   Application for speci al permitsvariance  
(a)    Application mayshall be made for an order establishing standards for any antifreeze product 
which does not fall within any clas sification established by this Chap ter. The application shall be 
accompanied by a certified analysis setting out th e chemical composition of the product and test 
data, including boiling point, pH, reserve alkalinity, and freezing poi nt as measured by applicable 
ASTM or other appropriate methods. (b)    After notice as prescr ibed by the Commission and public hearing, the Commission shallmay 
enter its order prescribing appropriate mini mum standards applicable to the product and 
authorizing issuance of permit for the product pursuant to 165:16-3-1. 
(c)    A permit issued pursuant to such an orde r may be renewed annually, without further hearing, 
as provided in 165:16-3-1.  
165:16-3-3.   Cancellation of permit  [REVOKED]  
     If the Commission finds after the issuance of a permit that the antifreeze product has been 
materially altered without written permission of th e Commission or a change has been made in the 
name, brand, or trademark under which the antifreeze  is sold or the applicant has violated any 
provision of this Chapter, the Commission shall notify the applicant and the permit shall be 
cancelled. 
 
SUBCHAPTER 5.  TESTING OF ANTIFREEZE 
 
165:16-5-1.   Testing of ethylene glycol antifreeze  
     The American Society for Testing and Materials (ASTM) standardsstandard D3306 (2014) 
shall be used to make the following tests of antifreeze. 
(1)     Boiling point test. The boiling point of an antifreeze sh all be determined by the ASTM 
designation D-1120 (2016) test. The boiling point of a concentrated antifreeze shall not be below 
311°F or 155°C. When added to the cooling system of a motor vehicle, at  atmospheric pressure, 
an antifreeze shall increase the boiling poi nt to a degree not less than the following: 
(A)    50% antifreeze: 226° F or 108° C (B)    40% antifreeze: 221° F or 105° C (C)    33 1/3% antifreeze: 219° F or 104° C (D)    20% antifreeze: 214° F or 101° C (2)     
pH test. The pH of an antifreeze shall be determ ined by the ASTM designation D-1287 (2011) 
test. The pH of an antifreeze shall be run by us ing a solution composed of 50% concentrated 
antifreeze and 50% water, by volume. The pH of this antifreeze solution shall not be below 7.5. 
(3)     Corrosion inhibition test. The reserve alkalinity of antifre eze as determined by ASTM D-1121 
(2011) shall be reported. The corrosion inhibitive properties of antifreeze shall be determined by 
ASTM D-1384 Test Method (2012). The averag e weight loss of each metal coupon shall not 
exceed the maximums stated as follows: copper 10 mg, solder 30 mg, brass 10 mg, steel 10 mg, 
cast iron 10 mg, and aluminum 30 mg. (4)     Freezing point test. The freezing point of antifreeze sh all be determined by the ASTM 
designation D-1177 (2016) test. The freezing points of the various wa ter antifreeze solutions shall 
be such as to protect according to the chart in Appendix A of this Chapter. 
 
165:16-5-2.   Testing of methanol type antifreeze  
     The American Society for Testing and Materi als (ASTM) standards shall be used to make the 
following tests of antifreeze. (1)     
Boiling point test. The boiling point of an antifreeze sh all be determined by the ASTM 
designation D-1120 (2016) test. The boiling point of a concentrated antifreeze when added to the 
cooling system of a motor vehicle at atmospheri c pressure shall not be below 133° F or 56° C. 
(2)     pH test. The pH of an antifreeze shall be determ ined by the ASTM designation D-1287 (2011) 
test. The pH of an antifreeze shall not be below 7.5. The pH of an antifre eze shall be run by using 
a solution composed of 50% concentrated  antifreeze and 50% water, by volume. 
(3)     Reserve alkalinity test. The reserve alkalinity of an antifre eze shall be determined by the ASTM 
designation D-1121 (2011) test. The reserv e alkalinity shall not be below 10.0. 
(4)     Freezing point test. The freezing point of an antifreeze shall be determined by the ASTM 
designation D-1177 (2016) test. The freezing point of the various wa ter antifreeze solutions shall 
be such as to protect according to the chart in Appendix B of this Chapter. 
 
165:16-5-3.   Testing of prediluted aqueous ethylene glycol antifreeze  
     The American Society for Testing and Materi als (ASTM) standards shall be used to make the 
following tests of antifreeze. (1)     
Boiling point test. The boiling point of an antifreeze shall be determined by the ASTM D-1120 
(2016) test. The boiling point of the prediluted c oolant as packaged shall be at least 226°F or 
108°C. 
(2)     pH test. The pH of an antifreeze shall be determ ined by the ASTM designation D-1287 (2011) 
test. The pH of an antifreeze shall be run by using a sample of the prediluted coolant as packaged. 
The pH of this antifreeze so lution shall not be below 7.5. 
(3)     Corrosion inhibition test. The reserve alkalinity of antifre eze as determined by ASTM D-1121 
(2011) shall be reported. The corrosion inhibitive properties of antifreeze shall be determined by 
ASTM D-1384 Test Method (2012). The averag e weight loss of each metal coupon shall not 
exceed the maximums stated as follows: copper 10 mg, solder 30 mg, brass 10 mg, steel 10 mg, 
cast iron 10 mg, and aluminum 30 mg. (4)     
Freezing point test. The freezing point of antifreeze sh all be determined by the ASTM 
designation D-1177 (2016) test. The fr eezing point of the concentrated  antifreeze solution shall be 
at least to -34° F or -37° C. 
 
165:16-5-4.   Testing of propylene glycol antifreeze  
     The American Society for Testing and Materi als (ASTM) standards shall be used to make the 
following tests of antifreeze. (1)     
Boiling point test. The boiling point of an antifreeze sh all be determined by the ASTM 
designation D-1120 (2016) test. The boiling point of a concentrated antifreeze shall not be below 
305° F or 152° C. When added to  the cooling system of a motor vehicle, a 50% an tifreeze solution 
at atmospheric pressure shall incr ease the boiling point to a degree not less than 219° F or 104° C. 
(2)     pH test. The pH of an antifreeze shall be determ ined by the ASTM designation D-1287 (2011) 
test. The pH of an antifreeze shall be run by us ing a solution composed of 50% concentrated antifreeze and 50% distilled water, by volume. The pH  of this antifreeze solution shall not be below 
7.5. (3)     
Corrosion inhibition test. The reserve alkalinity of antifre eze as determined by ASTM D-1121 
(2011) shall be reported. The corrosion inhibitive properties of antifreeze shall be determined by 
ASTM D-1384 Test Method (2012). The averag e weight loss of each metal coupon shall not 
exceed the maximums stated as follows: copper 10 mg, solder 30 mg, brass 10 mg, steel 10 mg, 
cast iron 10 mg, and aluminum 30 mg. (4)     
Freezing point test. The freezing point of antifreeze sh all be determined by the ASTM 
designation D-1177 (2016) test. Th e freezing points of a 50% concentrated antifreeze and 50% 
distilled water solution shall not be above -26°F or -32°C. 
SUBCHAPTER 7.  ADULTERATION AND MISBRANDING  
     Any antifreeze submitted to the FuelCompliance and Inspection Department for permit 
approval and testing shall be deemed to be adulte rated if the certified analysis or other testing 
indicates: (1)    It consists in whole or in part of any substance which will render it injurious to the cooling 
system of an internal combustion engine or will make the operation of the engine dangerous to the 
user. (2)    Its strength, quality, or pur ity falls below the professed standa rd of strength, quality, or purity 
under which it is sold. (3)    It is a product intended to be used without  further dilution and does not provide freezing point 
protection to - 34° Fahrenheit. 
 
165:16-7-2.   Misbranding and labeling  
     Any antifreeze submitted to the FuelCompliance and Inspection Department for permit 
approval shall be deemed to be misbranded if: 
(1)    Labeling is false or misleading in any particular manner. 
(2)    In package form it does not bear a labe l containing the name and place of business of the 
manufacturer, packer, se ller or distributordistributor, manuf acturer, marketer, packer, producer, 
seller, warehouse or wholesaler, and an accurate statement of the qua ntity of contents  in terms of 
weight or volume and these facts are not stated plainly and co rrectly on the outside. 
(3)    The product is to be dilu ted with another substance for use and does not bear on the label or 
in an accompanying instruction sheet, folder, or booklet a statement or chart showing appropriate 
amounts of each substance to be used to provide protection from freezing at various degrees of 
temperature down to at least thirty degrees (30°) belo w zero Fahrenheit. 
(4)    The product is intended to be used without further dilution and the freezing point is not stated 
on the label and the front and back labels do not bear the words "Ready to Use" in minimum one 
quarter (1/4) inch high letters. (5)    Antifreeze manufacturers and licensees must  provide a copy of any new version of any label 
change not previously submitted and approved by PSTD. 
 
SUBCHAPTER 9.  ADVERTISING  
     No advertising literature relating to any antif reeze sold, or to be sold, in the State of Oklahoma 
shall contain any statement that the antifreeze advertised for sale has been approved by the 
Commission unless a current permit from PSTD has been is sued to the wholesaler, manufacturer, 
packer, or distributordi stributor, manufacturer, ma rketer, packer, producer,  seller, warehouse or wholesaler, in which event such statement, togeth er with the permit number, may be contained in 
any labeling and advertising literature where su ch brand or trademark or antifreeze is being 
advertised for sale. 
SUBCHAPTER 11.  PENALTY FOR VIOLATION  
(a)    Any person who violates or fails to comply w ith the provisions of this Chapter or the laws of 
the State, or any person who aids and abets in the violation thereof, shall, in addition to the 
penalties provided by law, be deemed guilty of  contempt of order of the Commission and be 
subject to a fine not to exceed $500.00 for each offense. 
(b)    Each day such violation occurs  shall constitute a separate offense. 
(c)    Each container of  antifreeze not conforming to  all requirements set forth in this Chapter shall 
constitute a separate offense. 
[OAR Docket #17-500; filed 6-23-17]