Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 5 - STATE AIR POLLUTION CONTROL BOARD
Chapter 45 - CONSUMER AND COMMERCIAL PRODUCTS
Part II - Emission Standards
Article 2 - Emission Standards for Portable Fuel Containers and Spouts Manufactured Onor After August 1, 2010
Section 9VAC5-45-190 - Standard for volatile organic compounds
Universal Citation: 9 VA Admin Code 9VAC5-45-190
Current through Register Vol. 41, No. 3, September 23, 2024
A. The following provisions apply to portable fuel containers and spouts manufactured on or after August 1, 2010:
1. No owner or other person shall sell,
supply, offer for sale, or advertise for sale any portable fuel container or
spout manufactured on or after August 1, 2010, unless that portable container
or spout is certified by the board to be a spill-proof system or spill-proof
spout that is in compliance with the standards in subsection B of this section
in accordance with the certification procedures specified in
9VAC5-45-200.
2. No owner or other person shall manufacture
for sale any portable fuel container or spout on or after August 1, 2010,
unless that portable container or spout is certified by the board to be a
spill-proof system or spill-proof spout that is in compliance with the
standards in subsection B of this section in accordance with the certification
procedures specified in
9VAC5-45-200.
B. The following standards apply to each portable fuel container or spout manufactured on or after August 1, 2010, that is subject to the provisions of this article:
1. Portable fuel containers shall be color
coded and marked as follows:
a. Portable fuel
containers shall be color coded for specific fuels:
(1) Gasoline - red;
(2) Diesel - yellow; and
(3) Kerosene - blue.
b. Each portable fuel container shall have
identification markings on the container and on the spill-proof spout.
(1) Red containers shall be permanently
identified with the embossed language or permanent durable label "GASOLINE" in
minimum 34-point Arial font or a font of equivalent proportions.
(2) Yellow containers shall be permanently
identified with the embossed language or permanent durable label "DIESEL" in
minimum 34-point Arial font or a font of equivalent proportions.
(3) Blue containers shall be permanently
identified with the embossed language or permanent durable label "KEROSENE" in
minimum 34-point Arial font or a font of equivalent proportions.
2. Portable fuel
containers shall comply with emissions standards as follows:
a. Portable fuel containers that are equipped
with an intended spill-proof spout shall emit no more than 0.3 grams per gallon
per day.
b. Compliance with
emission standards in this subdivision shall be determined using the test
procedure specified in
9VAC5-45-250 B 2.
c. Portable fuel containers that share
similar designs, that are constructed of identical materials, and that are
manufactured using identical processes, but vary only in size or color may be
considered for certification as a product family.
3. Portable fuel containers and spouts shall
comply with the specifications for durability in subsection 7.4 of the test
procedure specified in
9VAC5-45-250 B 2.
4. There shall be no fluid leakage from any
point in the spill-proof system or spill-proof spout as specified in the test
procedures specified in
9VAC5-45-250 B 1 and 2.
5. The spill-proof system or spill-proof
spout shall automatically close when the spill-proof spout is removed from the
target tank, seal, and remain completely closed when not dispensing fuel, as
specified in the test procedure specified in
9VAC5-45-250 B 1. Also, no liquid,
beyond wetted surfaces, shall be retained in the spill-proof spout after
fueling that may evaporate into the atmosphere.
6. An applicant seeking certification of a
portable fuel container or spout from the board pursuant to this article shall
also:
a. Warrant that its spill-proof system
or spill-proof spout is free from defects in materials and workmanship that
cause such systems or spill-proof spouts to fail to conform with each of the
certification and compliance standards specified in CARB "Certification
Procedure 501 for Portable Fuel Containers and Spill-Proof Spouts, CP-501," for
a period of one year from the date of sale; and
b. Supply a copy of the warranty language
specified in subdivision a of this subdivision that is supplied to the buyer in
the packaging for each spill-proof system or spill-proof spout at the time of
sale identifying the following minimum requirements:
(1) A statement of the terms and length of
the warranty period;
(2) An
unconditional statement that the spill-proof system or spill-proof spout is
certified to the requirements in subdivision a of this subdivision (which may
be referred to as being certified to California requirements); and
(3) A listing of the specific certification
requirements or limitations to which it was certified.
7. An applicant shall supply a
copy of the operating instructions intended for each spill-proof system or
spill-proof spout, and fueling application, as supplied to the buyer in the
packaging for each spill-proof system or spill-proof spout at the time of sale.
These instructions shall include, at a minimum, the following specifications:
a. A listing of any specific equipment types,
such as passenger cars and trucks, lawn and garden equipment, off-road
motorcycles and snowmobiles, industrial equipment, and marine vessels that the
spill-proof system or spill-proof spout, is not intended to refuel;
and
b. Other instructions, such as
the recommended fueling angle(s) or special instructions such as venting prior
to use.
8. Spill-proof
systems, spill-proof spouts and all components incorporated therein, such as
gaskets, seals, or O-rings must demonstrate compliance with the requirements
specified in
9VAC5-45-250 B 3 and 4. Applicants
may request limited certification for use with only specified fuel blends. Such
fuel-specific certifications shall clearly specify the limits and restrictions
of the certification.
9. A portable
fuel container may incorporate a secondary opening or vent hole (i.e., an
opening other than the opening needed for the spout) provided the secondary
opening or vent hole is not easily tampered by a consumer, and it does not emit
hydrocarbon vapors in excess of the amounts specified in this section during
fueling, storage, transportation, or handling events.
C. The test procedures for determining compliance with the standards in this section are set forth in 9VAC5-45-250. The manufacturer of portable fuel containers or spouts shall perform the tests for determining compliance as set forth in 9VAC5-45-250 to show that its product meets the standards of this section prior to allowing the product to be offered for sale. The manufacturer shall maintain records of these compliance tests for as long as the product is available for sale and shall make those test results available within 60 days of request.
D. Compliance with the standards in this section does not exempt spill-proof systems or spill-proof spouts from compliance with other applicable federal and state statutes and regulations such as state fire codes, safety codes, and other safety regulations, nor will the board test for or determine compliance with such other statutes or regulations.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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