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 9VAC5-45-200 - Certification procedures
Universal Citation: 9 VA Admin Code 9VAC5-45-200
Current through Register Vol. 41, No. 3, September 23, 2024
A. Provisions follow concerning the requirements and process for board certification of a portable fuel container or spout manufactured on or after August 1, 2010, as a spill-proof system or spill-proof spout.
B. To be considered by the board for certification, an application for certification shall be submitted in writing to the board by the manufacturer of the portable fuel container or spout.
1. Except as provided in subdivision D 2 of
this section, the application shall contain the following information:
a. An identification of the names, addresses,
and phone numbers of the company, owner or other persons that are submitting
the application, and the names and phone numbers of contact persons that are
knowledgeable concerning the application.
b. Model numbers and sizes of spill-proof
systems or spill-proof spouts for which certification is requested.
c. Test data that demonstrates that the
spill-proof systems or spill-proof spouts comply with each of the certification
requirements identified in
9VAC5-45-190 B.
d. Engineering drawings of the spill-proof
system or spill-proof spout detailing dimensions specific to each component. If
an application is submitted for a spill-proof system (i.e., container and
spout), separate dimensioned drawings for the portable fuel container and for
the spill-proof spout are required. If more than one type or size of portable
fuel container or more than one type of spill-proof spout is included in the
application, separate dimensioned drawings are required for each
component.
e. Test data from each
of the test procedures specified in
9VAC5-45-250 B 1 and 2
demonstrating that the spill-proof system, spill-proof spout, or component
meets the applicable criteria.
f.
Any other test data that supports the requirements in subdivision e of this
subsection and that would assist in the determination of
certification.
g. The language,
symbols, or patterns that will actually be permanently embossed on the
spill-proof system or spill-proof spout. This shall include examples of date
code wheels as well as all other permanent markings and their locations on the
container and/or spill-proof spout. Once the board certifies a spill-proof
system or spill-proof spout, these permanent markings cannot be altered or
modified in any way without first obtaining the board's approval.
h. The language or labels that may be affixed
to the spill-proof system or spill-proof spout at the time of sale.
i. The manufacturer's recommended
instructions, instruction decals, or any other type of placard attached to the
spill-proof system or spill-proof spout at the time of sale. Include examples
of actual decals or placards if available. Proposed placards or decals are
sufficient if actual samples are not available. Once the board certifies a
spill-proof system or spill-proof spout, these decals or placards cannot be
altered or modified in any way without first obtaining the board's
approval.
j. The manufacturer
warranty(s) as defined in
9VAC5-45-190 B 6.
k. A description of the materials used in the
construction of the spill-proof system or spill-proof spout. Material
compositions of gaskets, O-rings, and seals must be described.
l. If the applicant is not the manufacturer
of all system components incorporated in a spill-proof system or spill-proof
spout, the applicant must include evidence that the component manufacturers
have been notified of the applicant's intended use of the manufacturers'
components in the spill-proof system or spill-proof spout for which the
application is being made.
(1) If the
applicant is requesting inclusion of one or more components not manufactured by
it on the applicable spill-proof system or spill-proof spout, the applicant
shall notify the component manufacturers and obtain the information required of
the application as specified in this subsection.
(2) If the component design and material
specifications requested for inclusion in the certification have not been
previously incorporated in a spill-proof system or spill-proof spout that has
been issued a CARB certification executive order or has been certified by the
board pursuant to these procedures, then each of the components shall be
subject to each of the application and test requirements specified in this
article.
m. A sample of
the spill-proof system or spill-proof spout is not required as part of the
initial application for certification. The board may later require that a
sample be provided if it is deemed necessary to make the proper certification
determination.
n. The document
certification statement required by
9VAC5-20-230, signed by a
responsible official as defined in that section.
o. The information required by subdivision B
1 a of this section is public information that may not be claimed as
confidential. Other information submitted to the board to meet the requirements
of this article shall be available to the public except where the owner makes a
showing satisfactory to the board under
9VAC5-170-60 B that the information
meets the criteria in
9VAC5-170-60 C, in which case the
information shall be handled in accordance with the procedures specified in
§§ 10.1-1314 and 10.1-1314.1 of the Air Pollution Control Law of
Virginia.
2. In
accordance with the time periods specified in subsection C of this section, the
board will certify a portable fuel container or spout. The board will specify
such terms and conditions as are necessary to ensure that the emissions from
the portable fuel containers or spouts do not exceed the VOC standards
specified in
9VAC5-45-190. The certification
shall also include operational terms, conditions, and data to be reported to
the board to ensure that all requirements of this article are met.
C. Provisions follow concerning the portable fuel container or spout certification time frames.
1. The board will take appropriate action on
an application within the following time periods:
a. Within 30 working days of receipt of an
application, the board will inform the applicant in writing that either:
(1) The application is complete and accepted
for filing, or
(2) The application
is deficient, and identify the specific information required to make the
application complete.
b.
Within 30 working days of receipt of additional information provided in
response to a determination that an application is deficient, the board will
inform the applicant in writing that either:
(1) The additional information is sufficient
to make the application complete, and the application is accepted for filing,
or
(2) The application is
deficient, and identify the specific information required to make the
application complete.
c.
If the board finds that an application meets the requirements of subsection B
of this section, then it shall certify that the requirements have been met in
accordance with the requirements of this article. The board will normally act
to approve or disapprove a complete application within 90 working days after
the application is deemed complete. The board may extend this time period if
additional information is needed.
2. Before the end of each time period
specified in this section, the board and the applicant may mutually agree to a
longer time period for the board to take the appropriate action.
D. In accordance with the following procedures, the board will take into consideration whether the portable fuel container or spout has been certified by CARB.
1. In lieu of granting certification based
upon review of an application as required under subsection B of this section,
certification may be granted by the board as follows:
a. Certification may be granted solely on the
basis of the effective CARB certification executive order, or
b. Certification may be granted on the basis
of the effective CARB certification executive order, modified as necessary by
the board to meet the requirements of this article.
2. An abbreviated application may be
submitted by a manufacturer requesting certification by the board under
subdivision 1 of this subsection. The abbreviated application shall include, as
a minimum:
a. A request by the manufacturer
that certification be granted by the board based upon an effective CARB
certification executive order.
b. A
copy of the effective CARB certification executive order, including all
conditions established by CARB applicable to the CARB certification executive
order.
c. A certification that the
manufacturer will (i) comply with the applicable CARB certification executive
order within the volatile organic compound emissions control areas specified in
9VAC5-45-160 C and (ii) comply with
any additional terms and conditions that the board may specify in granting
certification under this subsection.
d. Manufacturer and product information as
specified in subdivisions B 1 a and b of this section.
e. The document certification statement
required by
9VAC5-20-230 certifying the
information in the application and signed by a responsible official.
3. The board's certification shall
contain such terms and conditions as necessary to adapt terms and conditions in
the CARB certification executive order to satisfy the provisions of this
article.
4. Any board certification
granted under this subsection is contingent upon the effective CARB
certification executive order provided with the application. Board
certification granted on the basis of this subsection automatically expires on
the date that the CARB certification executive order upon which it was based is
no longer effective.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
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