Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The definitions
in section
1900(b), title 13
of the California Code of Regulations apply with the following additions:
(1) "ASTM" means ASTM International, an
international standards organization.
(2) "Automatic closure" means a device or
mechanism that causes a portable fuel container system spout to automatically
close, seal, and remain completely closed when not dispensing fuel.
(3) "Automatically close" means a closure
occurs through the activation of a device or mechanism that causes a spout to
close, seal, and remain completely closed when not dispensing fuel.
(4) "Consumer" means the first person who in
good faith purchases a new portable fuel container system or its components for
purposes other than resale, including but not limited to personal, family,
household, or institutional use.
(5) "Distributor" means any person to whom a
portable fuel container system or its components are sold or supplied for the
purposes of resale or distribution in commerce. Manufacturers, retailers, and
consumers are not distributors.
(6)
"Executive Officer" means the Executive Officer of the Air Resources Board, or
his or her designee.
(7) "Fuel"
means any petroleum distillate or petroleum distillate/alcohol blend or
alcohol, except any liquefied petroleum gas (LPG), which has a vapor pressure
of 1.5 psia (77.5 mm Hg) or greater and is used as a fuel for internal
combustion engines.
(8) "Kerosene"
means any light petroleum distillate that is commonly or commercially known,
sold, or represented as kerosene, that is used in space heating, cook stoves,
and water heaters, and is suitable for use as a light source when burned in
wick-fed lamps.
(9) "Manufacturer"
means any person who imports, manufactures, assembles, packages, repackages, or
re-labels a portable fuel container or spout.
(10) "Nominal Capacity" means the volume
indicated by the manufacturer that represents the maximum recommended filling
level.
(11) "Outboard Marine
Engine" means a spark-ignition marine engine that, when properly mounted on a
marine water-craft in the position to operate, houses the engine and drive unit
external to the hull of the marine water-craft.
(12) "Permeation" means the process by which
individual fuel molecules may penetrate the walls and various assembly
components of a portable fuel container system and evaporate from its outside
surface.
(13) "Person" has the same
meaning as defined in Health and Safety Code section
39047.
(14) "Portable Fuel Container (PFC)" means
any container or vessel with a nominal capacity of ten gallons or less intended
for reuse that is designed, used, sold, advertised, or offered for sale for
receiving, transporting, storing, and dispensing fuel or kerosene. Portable
fuel containers do not include containers or vessels permanently embossed or
permanently labeled, as described in 49 Code of Federal Regulations section
172.407(a), with language indicating said containers or vessels are solely
intended for use with non-fuel or non-kerosene products.
(15) "Portable Fuel Container System" means
any configuration of portable fuel container and components, including firmly
attached spout, any caps, gaskets, vents, and other parts provided to
consumers.
(16) "Product Category"
means 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 Executive Officer.
(17) "Product Family" means any portable fuel
container systems that share similar designs, that are constructed of identical
materials, and that are manufactured using identical processes, but vary only
in size or color.
(18) "Retailer"
means any person who owns, leases, operates, controls, or supervises a retail
outlet.
(19) "Retail Outlet" means
any establishment at which portable fuel containers or spouts are sold,
supplied, or offered for sale.
(20)
"Spout" means any device that can be firmly attached to a portable fuel
container and through which the contents of a portable fuel container can be
dispensed, not including a device that can be used to lengthen the spout to
accommodate necessary applications.
(21) "Target Fuel Tank" means any receptacle
that receives fuel from a portable fuel container.
(22) "Total Organic Gases (TOG)" means
compounds of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid,
metallic carbides or carbonates, and ammonium carbonate.
1. New
section filed 9-11-2000; operative 10-11-2000 (Register 2000, No.
37).
2. Change without regulatory effect renumbering newly adopted
section 2471 to new section 2467.1 and
amending subsections (a)(16) and (a)(17) filed 9-14-2000 pursuant to section
100, title 1, California Code of
Regulations (Register 2000, No. 37).
3. New subsection (a)(6),
subsection renumbering and amendment of newly designated subsections (a)(12),
(a)(17) and (a)(18) filed 1-13-2006; operative 2-12-2006 (Register 2006, No.
2).
4. New subsections (a)(2)-(3), subsection relettering and
amendment of newly designated subsections (a)(19)-(21) filed 9-11-2006;
operative 10-11-2006 (Register 2006, No. 37).
5. Amendment filed
2-2-2017; operative 4-1-2017 (Register 2017, No.
5).
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).
