Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a) The definitions
in Section
1900(b), Title 13
of the California Code of Regulations apply with the following additions:
(1) "Above Deck Fuel Tank" has the same
meaning as portable outboard marine tank.
(2) "Assembly Clamps" means a clamping device
used to secure a fuel hose to a connector.
(3) "Automatically Closes and Seals" means
contains fuel and fuel vapor with no measurable emission rate excluding
emissions associated from wetted surfaces that occur only as a result from
connecting or disconnecting components.
(4) "Component" means any device used in
conjunction with a portable outboard marine tank to supply fuel to an outboard
engine.
(5) "Connector" means any
device used to connect fuel hose to an outboard engine and/or portable outboard
marine tank.
(6) "Consumer" means
the first person who in good faith purchases a new portable outboard marine
tank, portable outboard marine tank self sealing cap, portable outboard marine
tank fuel hose, or portable outboard marine tank primer bulb for purposes other
than resale, including but not limited to personal, family, household, or
institutional use.
(7)
"Distributor" means any person to whom a portable outboard marine tank,
portable outboard marine tank self sealing cap, portable outboard marine tank
fuel hose, or portable outboard marine tank primer bulb is sold or supplied for
the purposes of resale or distribution in commerce. Manufacturers, retailers,
and consumers are not distributors.
(8) "Diurnal Rate" means the process rate by
which fuel molecules evaporate through openings and permeate through materials
as measured using "Test Procedure 511, Diurnal Rate from Portable Outboard
Marine Tanks".
(9) "Executive
Officer" means the Executive Officer of the Air Resources Board, or his or her
designee.
(10) "Fuel" means all
fuels subject to any provision of Title 13, California Code of Regulations,
Chapter 5, Standards for Motor Vehicle Fuels, Sections 2250-2298, except for
Sections 2292.5,
2292.6, and
2292.7.
(11) "Manufacturer" means any person who
imports, manufactures, assembles, packages, repackages, or re-labels a portable
outboard marine tank, portable outboard marine tank self sealing cap, portable
outboard marine tank fuel hose, or portable outboard marine tank primer
bulb.
(12) "Nominal Capacity" means
the volume indicated by the portable outboard marine tank manufacturer that
represents the maximum recommended filling level of a portable outboard marine
tank.
(13) "Outboard Engine" means
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.
(14) "Permeation Rate" means the process rate
by which fuel molecules penetrate a material and migrate to ambient air as
measured using "Test Procedure 512, Permeation Rate from Portable Outboard
Marine Tank Fuel Hoses and Primer Bulbs".
(15) "Person" has the same meaning as defined
in Health and Safety Code Section
39047.
(16) "Portable Outboard Marine Tank" means
any container with a nominal capacity of thirty (30) gallons or less that is
designed, used, sold, advertised or offered for sale for supplying fuel to an
outboard engine. Portable outboard marine tanks do not include fuel tanks
designed exclusively for permanent installation in a specific marine
vessel.
(17) "Portable Outboard
Marine Tank Cap" means a removable cap that allows for filling a portable
outboard marine tank with fuel and may include a manually operated or automatic
vent.
(18) "Portable Outboard
Marine Tank Fuel Hose" means fuel hose used to transfer fuel from a portable
outboard marine tank to an outboard engine.
(19) "Portable Outboard Marine Tank Primer
Bulb" means a device used to siphon fuel from a portable outboard marine tank
through a portable outboard marine tank fuel hose to an outboard
engine.
(20) "Portable Outboard
Marine Tank Self Sealing Cap" means a cap outfitted with a device that is
actuated by positive or negative pressure without user intervention that
contains fuel and fuel vapors inside a portable outboard marine tank during
normal use.
(21) "Portable Outboard
Marine Tank System" means any combination of portable outboard marine tank,
portable outboard marine tank self sealing cap, portable outboard marine tank
fuel hose or portable outboard marine tank primer bulb sold as a complete
package.
(22) "Product Category"
means the applicable category that best describes the product with respect to
its nominal capacity, material construction, and diurnal or permeation rate, as
applicable, as determined by the Executive Officer at the time certification is
requested.
(23) "Retailer" means
any person who owns, leases, operates, controls, or supervises a retail
outlet.
(24) "Retail Outlet" means
any establishment at which a portable outboard marine tank, cap, fuel hose, or
primer bulb are sold, supplied, or offered for sale.
(25) "ROG" (Reactive Organic Gas) means a
reactive chemical gas, composed of hydrocarbons that may contribute to the
formation of smog. ROG is sometimes referred to as Non-Methane Organic
Compounds (NMOC's).
1. New
section filed 9-16-2009; operative 10-16-2009 (Register 2009, No.
38).
Note: Authority cited: Sections 39600, 39601, 43013,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.
Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249
(1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511,
43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil
and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121
Cal.Rptr. 249 (1975).