RULES AND REGULATIONS
Title 25--ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[25 PA. CODE CH. 130]
Portable Fuel Containers
[32 Pa.B. 4819] The Environmental Quality Board (Board) by this order establishes Chapter 130 (relating to standards for products) to read as set forth in Annex A.
Subchapter A (relating to portable fuel containers) applies to persons who sell, supply, offer for sale or manufacture for sale in this Commonwealth portable fuel containers or spouts, or both, and portable fuel containers and spouts, for use in this Commonwealth. Subchapter A also adds definitions for terms used in the substantive provisions of the chapter.
This notice is given under Board order at its meeting of July 16, 2002.
A. Effective Date
This final-form rulemaking is effective upon publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, 12th Floor, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-1663; or Bo Reiley, Assistant Counsel, Bureau of Regulatory Counsel, Office of Chief Counsel, Rachel Carson State Office Building, 9th Floor, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060.
C. Statutory Authority
This final-form rulemaking is being made under the authority of section 5 of the Air Pollution Control Act (APCA) (35 P. S. § 4005), which grants the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution.
D. Background
When ground-level ozone is present in concentrations in excess of the Federal health-based standard, public health is adversely affected. The United States Environmental Protection Agency (EPA) has concluded that there is an association between ambient ozone concentrations and increased hospital admissions for respiratory ailments, such as asthma. Although children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms when they are exposed to ambient ozone while engaged in activity that involves physical exertion. Though these symptoms are often temporary, repeated exposure could result in permanent lung damage. The implementation of additional measures to address ozone air quality nonattainment in this Commonwealth is necessary to protect the public health.
The purpose of this final-form rulemaking is to reduce the volatile organic compounds (VOCs) emitted from portable fuel containers. This final-form rulemaking is part of the Commonwealth's specific action plan to achieve and maintain the ozone National Ambient Air Quality Standard in this Commonwealth.
A number of northeastern states have also committed to developing regulations designed to reduce the amount of VOCs emitted into the environment from portable fuel containers. It is anticipated that once these states, together with California, have adopted these regulations, they will have the effect of being a ''de facto'' National rule.
In addition to reducing VOC emissions, the final-form rulemaking will also reduce public exposure to hazardous constituents present in gasoline such as benzene. Benzene is a toxic air contaminant and a known human carcinogen. Although the risk reductions have not been quantified, it is assumed that the spill-proof features and permeation requirement would significantly reduce benzene emissions.
This final-form rulemaking would also improve water quality in aquifers, lakes and rivers. It would greatly reduce the amount of gasoline spilled onto the ground while refueling lawn, garden and small construction equipment and other machines with small gasoline engines. Many marine pleasure craft, especially personal watercraft, are refueled using portable containers, and the threat of fuel spillage during onwater refueling is always present. The spill-proof systems would allow users of pleasure craft to refuel their engines without fuel spillage; this would eliminate the potential discharge of fuel into the aquatic environment from these activities.
This final-form rulemaking applies to all portable fuel containers or spouts, or both, except: containers with capacity of less than or equal to 1 quart; rapid refueling devices with capacities equal to or greater than 4 gallons, provided they are designed for use in officially sanctioned off-road motorcycle competitions; and safety cans and portable marine fuel tanks that operate in conjunction with outboard motors.
Portable fuel containers or spouts, or both, must be equipped with an automatic shut-off device that stops fuel flow before the fuel tank overflows and an automatic device that closes and seals when it is removed from the fuel tank. There are also other required design specifications, all of which are intended to significantly lessen the possibility of gasoline spillage and reduce emissions.
Compliance with the performance standards is designed to maximize VOC emission reductions. It is estimated that VOCs would be reduced by approximately 75% of total uncontrolled emissions from this sector when the rulemaking is finalized.
The major implementation issues are consumer acceptance and the long life of these containers. These containers will look and operate somewhat differently than those currently on the market. However, based on experiences to date, manufacturers have indicated that consumers prefer the new product after becoming familiar with it. The Commonwealth, through the Ozone Transport Commission (OTC), has worked with manufacturers of these containers, and manufacturers have indicated that they would be able to provide the products to the market by 2003.
The Department of Environmental Protection (Department) worked with the Air Quality Technical Advisory Committee (AQTAC) in the development of this final-form rulemaking. At its May 2, 2002, meeting, AQTAC recommended adoption of the final-form rulemaking. AQTAC also recommended that the Department continue aggressive efforts with other states to support National standards for these products. The Small Business Compliance Advisory Committee questioned whether or not the provisions are consistent with State Fire Marshal requirements. Prior to proposed rulemaking, a cross-reference was inserted in § 130.101 (relating to applicability) to Fire Marshal requirements.
E. Summary of Comments and Responses on the Proposed Rulemaking
The Board received four sets of comments on the proposed rulemaking published at 31 Pa.B. 6185 (November 10, 2001). Following is a summary of the major issues and the Board's responses.
One commentator supported the proposed rulemaking because it will reduce emissions of VOCs and carcinogenic compounds such as benzene. The Board appreciates the support of this commentator. In addition to reducing emissions of VOCs and carcinogenic compounds into the air, the final-form rulemaking will also reduce potential soil, groundwater and surface water contamination by reducing gasoline spillage during fueling.
One commentator recommended that the Board modify the rulemaking to specify a fill range between 1.75 inches and 1.25 inches below the top of the target tank opening. The Board disagrees. Changing the requirement as proposed by the commentator may lead to an increase in refueling events caused by under-filled equipment fuel tanks. This may lead to consumer dissatisfaction with the new portable fuel containers that could result in product tampering.
One commentator expressed concern about the exemptions contained in § 130.104(d) and (e) (relating to exemptions) of the proposed rulemaking. Section 130.104(d) applies to rapid refueling devices used in sanctioned off-highway motorcycle competitions, and § 130.104(e) exempts portable fuel tanks used for outdoor motors on watercraft. The commentator believed that these exemptions should be eliminated if they would result in significant improvements in public health. The Board disagrees. The Board does not believe that the exemptions contained in the final-form rulemaking will result in significant emissions above the level that would be achieved if the tanks were not exempted.
One commentator believed pre-2003 containers should be labeled to advise consumers that the containers do not meet current requirements for future portable fuel containers. The Board does not agree. The labeling would add an additional level of regulation that would provide limited benefits. Informed consumers will be able to make the choice based upon the documentation associated with the new containers.
One commentator indicated that the innovative product exemption should be met through averaging rather than through the highest emitting product. The Board disagrees. Requiring an innovative product to achieve a higher level of control than that required for a complying product would stifle ingenuity and would discourage manufacturers from finding alternative compliance methods.
One commentator indicated that § 130.103(a)(2) (relating to performance standards for portable fuel containers and spill-proof spouts) should be revised to allow the use of spouts that ''automatically close and remain completely closed when not dispensing fuel.'' The commentator indicated that allowing this alternative will minimize tampering to make complying spouts easier to use. The Board disagrees. Fill spouts that do not automatically stop the flow of fuel and seal when removed from the tank will not reduce spillage and overflowing, which are two of the major sources of emissions the regulation addresses.
One commentator recommended that certain changes be made to the California test methods, which are incorporated by reference in the rulemaking. The Board disagrees. Because the test methods and the standards are closely related, changes to the test method could significantly impact the standard and the emission reduction that will be achieved.
One commentator recommended that § 130.103(a)(3) be revised to require that a portable fuel container have only one opening for both pouring and venting with a second opening for filling. The Board disagrees. Allowing multiple openings in the container may result in significant evaporative loss of fuel from the containers. If a manufacturer can demonstrate that a different design or container configuration is suitable, the manufacturer may request an innovative product exemption under § 130.105 (relating to innovative products).
Another commentator suggested the addition of terms and definitions in § 130.102 (relating to definitions) for clarity to make the rulemaking consistent with CARB. The terms suggested are ''consumer,'' ''distributor,'' ''retailer,'' ''retail outlet,'' ''manufacturer'' and ''VOC.'' The Board agrees that certain definitions are required. Definitions for all terms except ''fuel'' and ''VOC'' have been added to § 130.102. ''VOC'' is already defined in § 121.1 (relating to definitions), and a clarification has been added to the applicability section as to the relevant fuel types under this rulemaking.
One commentator pointed out that § 130.105 requires an applicant for innovative product exemption to apply in writing. However, the proposed rulemaking does not include a time frame under which the Department will review and act upon the application. The Board agrees and has included a 90-day deadline in the final-form rulemaking.
F. Summary of Regulatory Requirements
Final-form Chapter 130 includes definitions of terms and substantive provisions as well. The definitions in § 130.102 (relating to definitions) include ''ASTM,'' ''nominal capacity,'' ''outboard engine,'' ''permeation,'' ''portable fuel container,'' ''product category,'' ''spill-proof spout,'' ''spill-proof system,'' ''spout'' and ''target fuel tank.'' Additional definitions added at final-form rulemaking include ''consumer,'' ''distributor,'' ''manufacturer,'' ''retailer'' and ''retail outlet.''
The substantive provisions of Chapter 130 include § 130.101 requirements and a cross reference to Department of Labor and Industry (L & I) requirements related to portable fuel containers. Moreover, a clarification was made at final-form rulemaking that the subpart applies to liquid flammable and combustible fuels having a flash point below 200°F. Section 130.103 includes automatic shut-off spouts that stop fuel flow before the tank overflows. Section 130.104 provides exemptions for portable fuel containers and spouts manufactured for sale and use outside of this Commonwealth. Innovative products exemptions are provided for in § 130.105 to encourage the design and manufacture of products that will result in cumulative VOC emissions below those types of containers currently in the market. Additionally, new language was added at final-form rulemaking that under this section, the Department will render a decision on an exemption application within 90 days of receipt of application. Section 130.106 (relating to administrative requirements) provides for recordkeeping and labeling. Under § 130.107 (relating to variances), a person or manufacturer that cannot comply with Chapter 130 due to extraordinary circumstances beyond that person's reasonable control may request a variance. Test procedures to determine if performance standards for portable fuel containers and spouts have been met are specified in § 130.108 (relating to test procedures). Revisions in § 130.108 indicate a September 13, 2000, administrative amendment to the Consumer Confidence Report correcting section numbers for the test methods.
In addition to the Department's statutory authority to regulate portable fuel containers as an air contamination source under the APCA, L & I has concurrent authority to regulate portable fuel containers used for storage of flammable or combustible liquids under the Combustible and Flammable Liquids Act (35 P. S. §§ 1241--1252). The Department has consulted with L & I regarding this rulemaking, and both departments concluded that the final-form rulemaking does not conflict with L & I's statutory authority or promulgated regulations.
The final-form rulemaking will be submitted to the EPA as an amendment to the State Implementation Plan.
G. Benefits and Costs
Executive Order 1996-1, ''Regulatory Review and Promulgation'' requires a cost/benefit analysis of the final-form rulemaking.
Benefits
Overall, the citizens of this Commonwealth will benefit from the final-form rulemaking because it will result in improved air quality by reducing ozone precursor emissions and encourage new technologies and practices, which reduce emissions. Moreover, it is also anticipated that adoption of this rulemaking will save consumers money because it will result in reduced evaporative loss and spillage of gasoline.
Compliance Costs
Manufacturers indicate that the requirements may add an additional $6 to $10 to the cost of containers. The cost to residents of this Commonwealth is estimated to be approximately $3.3 million annually with an estimated VOC emission reduction to be approximately 5,700 tons per year. If the value of the emission reductions of gasoline saved is factored in, the net cost to citizens of this Commonwealth will be reduced to be approximately $500,000.
Compliance Assistance Plan
The Department will continue to work with the other states in the northeast, with the OTC and with the National product manufacturers to ensure their understanding of the requirements. In addition, the Department is exploring opportunities for partnering with organizations to facilitate the transition to the new products.
Paperwork Requirements
The final-form rulemaking will not increase the paperwork that is already generated during the normal course of business operations.
H. Sunset Review
The final-form rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether it effectively fulfills the goals for which it was intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 26, 2001, the Department submitted a copy of the notice of proposed rulemaking published at 31 Pa.B. 6185, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing this final-form rulemaking, the Department has considered the comments received from IRRC, the Committees and the public.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on August 13, 2002, this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on August 22, 2002, and approved the final-form rulemaking.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These regulations do not enlarge the purpose of the proposal published at 31 Pa.B. 6185.
(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
(5) These regulations are necessary for the Commonwealth to achieve and maintain ambient air quality standards.
K. Order
The Board, acting under the authorizing statutes, order that:
(a) The regulations of the Department, 25 Pa. Code, are amended by adding §§ 130.101--130.108 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately upon publication.
DAVID E. HESS,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 4405 (September 7, 2002).)
Fiscal Note: Fiscal Note 7-369 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF
NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 130. STANDARDS FOR PRODUCTS
Subchapter A. PORTABLE FUEL CONTAINERS Sec.
130.101. Applicability. 130.102. Definitions. 130.103. Performance standards for portable fuel containers and spill-proof spouts. 130.104. Exemptions. 130.105. Innovative products. 130.106. Administrative requirements. 130.107. Variances. 130.108. Test procedures. § 130.101. Applicability.
Except as provided in § 130.104 (relating to exemptions), this chapter applies to a person who sells, supplies, offers for sale, or manufactures for sale in this Commonwealth portable fuel containers or spouts or both portable fuel containers and spouts for use in this Commonwealth. This chapter applies to liquid flammable and combustible fuels having a flash point below 200°F. For additional requirements, see section 7(c) of the Combustible and Flammable Liquids Act (35 P. S. § 1247(c)) and 37 Pa. Code § 11.7 (relating to container construction).
§ 130.102. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
ASTM--The American Society for Testing and Materials.
Consumer--A person who purchases or otherwise acquires a new portable fuel container or spout or both portable fuel container and spout for personal, family, household or institutional use. A person acquiring a portable fuel container or spout or both portable fuel container and spout for resale is not a consumer for that product.
Distributor--A person to whom a portable fuel container or spout or both portable fuel container and spout is sold or supplied for the purpose of resale or distribution in commerce. This term does not include manufacturers, retailers and consumers.
Manufacturer--A person who imports, manufactures, assembles, produces, packages, repackages, or relabels a portable fuel container or spout or both portable fuel container and spout.
Nominal capacity--The volume indicated by the manufacturer that represents the maximum recommended filling level.
Outboard engine--A spark-ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine and drive unit external to the hull of the marine watercraft.
Permeation--The process by which individual fuel molecules may penetrate the walls and various assembly components of a portable fuel container directly to the outside ambient air.
Portable fuel container--A container or vessel with a nominal capacity of 10 gallons or less intended for reuse that is designed or used primarily for receiving, transporting, storing and dispensing fuel.
Product category--The applicable category that best describes the product with respect to its nominal capacity, material construction, fuel flow rate and permeation rate, as applicable, as determined by the Commonwealth.
Retailer--A person who owns, leases, operates, controls or supervises a retail outlet.
Retail outlet--An establishment at which portable fuel containers or spouts or both portable fuel containers and spouts are sold, supplied or offered for sale.
Spill-proof spout--A spout that complies with the performance standards specified in § 130.103(b) (relating to performance standards for portable fuel containers and spill-proof spouts).
Spill-proof system--A configuration of portable fuel container and firmly attached spout that complies with the performance standards in § 130.103(a).
Spout--A device that can be firmly attached to a portable fuel container for conducting pouring through which the contents of a portable fuel container can be dispensed.
Target fuel tank--A receptacle that receives fuel from a portable fuel container.
§ 130.103. Performance standards for portable fuel containers and spill-proof spouts.
(a) Except as provided in § 130.104 (relating to exemptions), a person may not sell, supply, offer for sale or manufacture for sale in this Commonwealth on or after January 1, 2003, a portable fuel container or spout, or a portable fuel container and spout which, at the time of sale or manufacture, does not meet the following performance standards for spill-proof systems:
(1) Has an automatic shut-off that stops the fuel flow before the target fuel tank overflows.
(2) Automatically closes and seals when removed from the target fuel tank and remains completely closed when not dispensing fuel.
(3) Has only one opening for both filling and pouring.
(4) Provides a fuel flow rate and fill level of one of the following:
(i) At least 1/2 gallon per minute for portable fuel containers with a nominal capacity of:
(A) Less than or equal to 1.5 gallons and fills to a level less than or equal to 1 inch below the top of the target fuel tank opening.
(B) Greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1 inch below the top of the target fuel tank opening if the spill-proof system clearly displays the phrase ''Low Flow Rate'' in type of 34 point or greater on each spill-proof system or label affixed thereto, and on an accompanying package.
(ii) At least 1 gallon per minute for portable fuel containers with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches below the top of the target fuel tank opening.
(iii) At least 2 gallons per minute for portable fuel containers with a nominal capacity greater than 2.5 gallons.
(5) Does not exceed a permeation rate of 0.4 grams per gallon per day.
(6) Is warranted by the manufacturer for at least 1 year against defects in materials and workmanship.
(b) Except as provided in § 130.104, a person may not sell, supply, offer for sale or manufacture for sale in this Commonwealth on or after January 1, 2003, a spout which, at the time of sale or manufacture, does not meet the following performance standards for spill-proof spouts:
(1) Has an automatic shut-off that stops the fuel flow before the target fuel tank overflows.
(2) Automatically closes and seals when removed from the target fuel tank and remains completely closed when not dispensing fuel.
(3) Provides a fuel flow rate and fill level of one of the following:
(i) At least 1/2 gallon per minute for portable fuel containers with a nominal capacity of one of the following:
(A) Less than or equal to 1.5 gallons and fills to a level less than or equal to 1 inch below the top of the target fuel tank opening.
(B) Greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1 inch below the top of the target fuel tank opening if the spill-proof spout clearly displays the phrase ''Low Flow Rate'' in type of 34 point or greater on an accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto.
(ii) At least 1 gallon per minute for portable fuel containers with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches below the top of the target fuel tank opening.
(iii) At least 2 gallons per minute for portable fuel containers with a nominal capacity greater than 2.5 gallons.
(4) Is warranted by the manufacturer for at least 1 year against defects in materials and workmanship.
(c) The test procedures for determining compliance with the performance standards in this section are set forth in § 130.108 (relating to test procedures). The manufacturer of portable fuel containers or spouts or both portable fuel containers and spouts shall perform the tests for determining compliance as set forth in § 130.108 to show that its product meets the performance standards of this section prior to allowing the product to be offered for sale in this Commonwealth. The manufacturer shall maintain records of these compliance tests for as long as the product is available for sale in this Commonwealth and make those test results available to the Department within 60 days of request.
(d) Notwithstanding subsections (a) and (b), a portable fuel container or spout or both portable fuel container and spout manufactured before January 1, 2003, may be sold, supplied or offered for sale until January 1, 2004, if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container or spout.
§ 130.104. Exemptions.
(a) This subchapter does not apply to a portable fuel container or spout or both portable fuel container and spout manufactured in this Commonwealth for shipment, sale and use outside of this Commonwealth.
(b) This subchapter does not apply to a manufacturer or distributor who sells, supplies or offers for sale in this Commonwealth a portable fuel container or spout or both portable fuel container and spout that does not comply with the performance standards specified in § 130.103 (relating to performance standards for portable fuel containers and spill-proof spouts), if the manufacturer or distributor can demonstrate the following:
(1) The portable fuel container or spout or both portable fuel container and spout is intended for shipment and use outside of this Commonwealth.
(2) The manufacturer or distributor has taken reasonable prudent precautions to assure that the portable fuel container or spout or both portable fuel container and spout is not distributed in this Commonwealth.
(c) This subchapter does not apply to portable fuel containers with a nominal capacity less than or equal to 1 quart.
(d) This subchapter does not apply to rapid refueling devices, with nominal capacities greater than or equal to 4 gallons, provided the devices are designed for use in officially sanctioned off-highway motorcycle competitions, or either create a leak-proof seal against a stock target fuel tank or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank.
(e) This subchapter does not apply to portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine.
§ 130.105. Innovative products.
The Department may exempt a portable fuel container or spout or both portable fuel container and spout from one or more of the requirements of § 130.103 (relating to performance standards for portable fuel containers and spill-proof spouts) if a manufacturer demonstrates to the satisfaction of the Department that, due to the product's design, delivery system or other factors, the use of the product will result in cumulative VOC emissions below the highest emitting representative spill-proof system or representative spill-proof spout in its product category as determined from applicable testing.
(1) An applicant shall apply in writing to the Commonwealth for an innovative product exemption claimed under this section. The application shall include the supporting documentation that quantifies the emissions from the innovative product, including the actual physical test methods used to generate the data. In addition, the applicant shall provide information necessary to enable the Department to establish enforceable conditions for granting the exemption.
(2) For a portable fuel container or spout or both portable fuel container and spout for which an innovative product exemption has been granted under this section, the applicant shall notify the Department in writing at least 30 days before the applicant changes a product's design, delivery system or other factors that may effect the VOC emissions during recommended usage. The applicant shall also notify the Department within 30 days after the applicant learns of information that would alter the emissions estimates submitted to the Department in support of the exemption application.
(3) If the performance standards specified in § 130.103 are amended for a product category, all innovative product exemptions granted for products in the product category, except as provided in this section, have no force and effect as of the effective date of the amended performance standards.
(4) If the Department believes that a portable fuel container or spout or both portable fuel container and spout for which an exemption has been granted no longer meets the criteria for an innovative product specified in this section, the Department may revoke or modify the exemption.
(5) The Department will advise the applicant in writing of the Department's decision on the application for an innovative product exemption within 90 days of receipt of a complete application.
§ 130.106. Administrative requirements.
(a) Each manufacturer of a portable fuel container or spout or both portable fuel container and spout subject to and complying with § 130.103(a) (relating to performance standards for portable fuel containers and spill-proof spouts) shall clearly display the following on each spill-proof system:
(1) The phrase ''Spill-Proof System.''
(2) A date of manufacture or representative date.
(3) A representative code identifying the portable fuel container or portable fuel container and spout as subject to and complying with § 130.103(a).
(b) Each manufacturer of a spout subject to and complying with § 130.103(b) shall clearly display the following on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto:
(1) The phrase ''Spill-Proof Spout.''
(2) A date of manufacture or representative date.
(3) A representative code identifying the spout as subject to and complying with § 130.103(b).
(c) Each manufacturer subject to subsection (a) or (b) shall clearly display a fuel flow rate on each spill-proof system or spill-proof spout, or label affixed thereto, and on an accompanying package.
(d) Each manufacturer of a spout subject to subsection (b) shall clearly display the make, model number and size of only those portable fuel containers the spout is designed to accommodate and can demonstrate compliance with § 130.103(a) on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label affixed thereto.
(e) Each manufacturer of a portable fuel container or spout or both portable fuel container and spout subject to and complying with § 130.103 that, due to its design or other features cannot be used to refuel one or more on-road motor vehicles, shall clearly display the phrase ''Not Intended For Refueling On-Road Motor Vehicles'' in type of 34 point or greater.
§ 130.107. Variances.
(a) A person or manufacturer who cannot comply with § 130.103 (relating to performance standards for portable fuel containers and spill-proof spouts), due to extraordinary reasons beyond the person's reasonable control, may apply in writing to the Department for a variance. The variance application shall include the following:
(1) The specific grounds upon which the variance is sought.
(2) The proposed dates by which compliance with § 130.103 will be achieved.
(3) A compliance report detailing the methods by which compliance will be achieved.
(b) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with a term or condition of the variance.
(c) Upon the application of a person, the Department may review and modify or revoke a variance from § 130.103.
§ 130.108. Test procedures.
(a) Testing to determine compliance with § 130.103(b) (relating to performance standards for portable fuel containers and spill-proof spouts) shall be performed by using the following test procedures:
(1) ''Test Method 510, Automatic Shut-Off Test Procedure For Spill-Proof Systems and Spill-Proof Spouts,'' adopted by CARB on July 6, 2000 (section numbers corrected September 13, 2000), which is incorporated by reference herein.
(2) ''Test Method 511, Automatic Closure Test Procedure For Spill-Proof Systems And Spill-Proof Spouts,'' adopted by CARB on July 6, 2000 (section numbers corrected September 13, 2000), which is incorporated by reference herein.
(3) ''Test Method 512, Determination Of Fuel Flow Rate For Spill-Proof Systems and Spill-Proof Spouts,'' adopted by CARB on July 6, 2000 (section numbers corrected September 13, 2000), which is incorporated by reference herein.
(b) Testing to determine compliance with § 130.103(a) shall be performed by using all test procedures in subsection (a) and ''Test Method 513, Determination Of Permeation Rate For Spill-Proof Systems,'' adopted by CARB on July 6, 2000 (section numbers corrected September 13, 2000), which is incorporated by reference herein.
[Pa.B. Doc. No. 02-1731. Filed for public inspection October 4, 2002, 9:00 a.m.]
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