CHAPTER
Env-A 4000 PORTABLE FUEL CONTAINER
SPILLAGE CONTROL
Statutory
Authority: RSA 125-C:4, I(n); RSA
125-C:6, XVII; and RSA 485:16-c
PART Env-A 4001
PURPOSE, APPLICABILITY, EXEMPTIONS, AND REFERENCES
Env-A
4001.01 Purpose. The purpose of this chapter is to limit
emissions of volatile organic compounds (VOC) by requiring new portable fuel
containers to meet performance standards as required by NH Laws of 2004, 175:1,
I.
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
Env-A
4001.02 Applicability. Except as provided in Env-A 4001.03, this
chapter shall apply to any person who sells, supplies, offers for sale, advertises,
or manufactures for sale in
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
Env-A
4001.03 Exemptions.
(a) This chapter shall not apply to any portable
fuel container or spout, or both, manufactured in
(b) This chapter shall not apply to safety cans
meeting the requirements of 29 CFR 1926, Subpart F.
(c) This chapter shall not apply to any portable
fuel container with a nominal capacity of one quart or less.
(d) This chapter shall not apply to rapid
refueling devices with nominal capacities of 4 gallons or more, provided such
devices:
(1) Are designed for use in officially sanctioned off-highway motorcycle or
off-highway automobile competitions; or
(2) 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 chapter shall 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.
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
Env-A
4001.04 References. For the purpose of this chapter,
unless otherwise specified, the
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
PART Env-A 4002
DEFINITIONS
Env-A
4002.01 “Automatic closure” means a
device or mechanism that causes a spill-proof system or spout to close, seal,
and remain completely closed when not dispensing fuel.
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
Env-A
4002.02 “Automatically close” means
closure occurs through the activation of a device or mechanism that causes a
spill-proof system or spout to close, seal, and remain completely closed when
not dispensing fuel.
Source. #9064, eff
1-9-08
Env-A
4002.03 “Consumer” means any person who
purchases or otherwise acquires a new portable fuel container or spout, or
both, for personal, family, household, or institutional use. Persons acquiring a portable fuel container
or spout, or both, for resale are not “consumers” for that product.
Source. #9064, eff
1-9-08
Env-A
4002.04 “Distributor” means any person
to whom a portable fuel container or spout, or both, is sold or supplied for
the purpose of resale or distribution in commerce. This term does not include manufacturers,
retailers, and consumers.
Source. #9064, eff
1-9-08
Env-A
4002.05 “Fuel” means any liquid
hydrocarbon mixture used to power any spark-ignition internal combustion engine.
Source. #9064, eff
1-9-08
Env-A
4002.06 “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, or water heaters, and is suitable for use as a light
source when burned in wick-fed lamps.
Source. #9064, eff
1-9-08
Env-A
4002.07 “Manufacturer” means any person
who imports, manufactures, assembles, produces, packages, repackages, or
re-labels a portable fuel container or spout, or both.
Source. #9064, eff
1-9-08
Env-A
4002.08 “Nominal capacity” means the
volume indicated by the manufacturer that represents the maximum recommended
filling level.
Source. #9064, eff
1-9-08
Env-A
4002.09 “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.
Source. #9064, eff
1-9-08
Env-A
4002.10 “Permeation” means the process
by which individual fuel molecules can penetrate the walls and various assembly
components of a portable fuel container directly to the outside ambient air.
Source. #9064, eff
1-9-08
Env-A
4002.11 “Portable fuel container” means
any vessel with a nominal capacity of 10 gallons or less intended for reuse
that is designed, supplied, sold, advertised, offered for sale or used 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 CFR §172.407(a), as it existed on
September 15, 2005, with language indicating said containers or vessels are
solely intended for use with non-fuel or non-kerosene products.
Source. #9064, eff
1-9-08
Env-A
4002.12 “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 department.
Source. #9064, eff
1-9-08
Env-A
4002.13 “Retailer” means any person who
owns, leases, operates, controls, or supervises a retail outlet.
Source. #9064, eff
1-9-08
Env-A
4002.14 “Retail outlet” means any
establishment at which a portable fuel container or spout, or both, is sold,
supplied, or offered for sale.
Source. #9064, eff
1-9-08
Env-A
4002.15 “Spill-proof spout” means any
spout that complies with all of the performance
standards specified in Env-A 4003.02, and with all of
the labeling requirements specified in Env-A 4004.01.
Source. #9064, eff
1-9-08
Env-A
4002.16 “Spill-proof system” means any
configuration of portable fuel container and spout that complies with all of the performance standards specified in Env-A 4003.01,
and all of the labeling requirements specified in
Env-A 4004.01.
Source. #9064, eff
1-9-08
Env-A
4002.17 “Spout” means any device that is
designed to be attached to a portable fuel container for conducting pouring
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.
Source. #9064, eff
1-9-08
Env-A 4002.18 “Supply”
means to sell or otherwise provide a portable fuel container to another
entity. The term does not include an
internal transaction within a governmental entity.
Source. #9064, eff
1-9-08
Env-A
4002.19 “Target fuel tank” means any
receptacle that receives fuel from a portable fuel container.
Source. #9064, eff
1-9-08
PART Env-A 4003 PERFORMANCE STANDARDS FOR PORTABLE
FUEL CONTAINERS AND SPILL-PROOF SPOUTS
Env-A
4003.01 Performance Standards for
Portable Fuel Containers and Spill-Proof Systems.
(a) Except as provided in Env-A 4001.03:
(1) No person
shall sell, supply, offer for sale, advertise, or manufacture for sale in New
Hampshire any portable fuel container or portable fuel container and spout
which, at the time of sale or manufacture, does not meet all
of the performance standards for spill-proof systems specified in (b)
through (f), below.
(2) No person
shall sell, supply, offer for sale, advertise, or manufacture for sale in New
Hampshire, nor introduce, deliver or import into New Hampshire for use, any
portable fuel container or portable fuel container and spout that is subject to
any of the standards of this chapter, unless said portable fuel container or
portable fuel container and spout is:
a. Certified
for sale and use by the manufacturer through the California Air Resources Board
(CARB), according to the procedure specified in “CP-501, Certification
Procedure for Portable Fuel Containers and Spill-Proof Spouts,” adopted by CARB
on July 26, 2006; and
b. Covered by
a CARB Executive Order.
(b) The portable fuel container or portable fuel
container and spout shall have an automatic shut-off that stops the fuel flow
before the target fuel tank overflows.
(c) The portable fuel container or portable fuel
container and spout shall automatically close and seal when removed from the
target fuel tank and remain completely closed when not dispensing fuel.
(d) The portable fuel container or portable fuel
container and spout shall have only one opening for both filling and pouring.
(e) The portable fuel container or portable fuel
container and spout shall not exceed a permeation rate of 0.4 grams per gallon
per day.
(f) The
portable fuel container or portable fuel container and spout shall be warranted
by the manufacturer for a period of not less than one year against defects in
materials and workmanship.
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
Env-A
4003.02 Performance Standards for
Spill-Proof Spouts.
(a) Except as provided in Env-A 4001.03, no
person shall sell, supply, offer for sale, advertise, or manufacture for sale
in New Hampshire any spout which, at the time of sale
or manufacture, does not meet all of the performance
standards for spill-proof spouts as specified in (b) through (d), below.
(b) The spill-proof spout shall have an automatic
shut-off that stops the fuel flow before the target fuel tank overflows.
(c) The spill-proof spout shall automatically
close and seal when removed from the target fuel tank and remain completely
closed when not dispensing fuel.
(d) The spill-proof spout shall be warranted by
the manufacturer for a period of not less than one year against defects in
materials and workmanship.
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
Env-A
4003.03 Determining Compliance with
Performance Standards.
(a) Prior to allowing the portable fuel container
or spout, or both, to be offered for sale in
(1) Test the
portable fuel container or spout, or both, using the procedures specified in
Env-A 4005.01; and
(2) Demonstrate
compliance with the applicable performance standards specified in Env-A 4003.
(b) The manufacturer shall maintain records of
the compliance tests specified in (a), above, for as long as the product is
available for sale in New Hampshire, and shall make
those test results available to the department within 60 days of request.
(c) Compliance with the performance standards in
Env-A 4003 shall 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.
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
PART Env-A 4004
LABELING AND REPORTING REQUIREMENTS
Env-A
4004.01 Labeling Requirements.
(a) Each manufacturer of a portable fuel
container or spout, or both, subject to and complying with Env-A 4003.01(a)
shall clearly display on each spill-proof system:
(1) The phrase
“Spill-Proof System”;
(2) A date of
manufacture or representative date; and
(3) A
representative code identifying the portable fuel container or spout, or both,
as subject to and complying with Env-A 4003.01.
(b) Each manufacturer of a spout subject to and
complying with Env-A 4003.02 shall clearly display 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) The date of
manufacture or representative date; and
(3) A
representative code identifying the spout as subject to and complying with
Env-A 4003.02.
(c) Each manufacturer subject to (a) or (b),
above, shall clearly display a fuel flow rate on each spill-proof system or
spill-proof spout, or label affixed thereto, and on
any accompanying package.
(d) Each manufacturer of a spout subject to (b),
above, shall clearly display on the accompanying package, or, for spill-proof
spouts sold without packaging, on either the spill-proof spout or a label
affixed thereto, the make, model number, and size of only those portable fuel
container(s) that the spout is designed to accommodate and for which compliance
with Env-A 4003.01 can be demonstrated.
(e) Each manufacturer of a portable fuel
container or spout, or both, subject to and complying with Env-A 4003.01 that
due to its design or other features cannot be used to refuel one or more
on-road motor vehicles must clearly display the phrase “Not Intended For
Refueling On-Road Motor Vehicles” in type of 34 point or greater on each of the
following:
(1) For a
portable fuel container or portable fuel container and spout sold together as a
spill-proof system, on the system or on a label affixed thereto, and on the
accompanying package, if any; and
(2) For a
spill-proof spout sold separately from a spill-proof system, on either the
spill-proof spout, or a label affixed thereto, and on
the accompanying package, if any.
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
Env-A
4004.02 Prohibited Labels. Any manufacturer of a portable fuel container
or portable fuel container and spout not subject to or not in compliance with
Env-A 4003 shall not display the phrase “Spill-Proof System” or “Spill-Proof
Spout” on the portable fuel container or spout, respectively, on any sticker or
label affixed thereto, or on any accompanying package.
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
Env-A
4004.03 Reporting Requirements.
(a) Each manufacturer subject to Env-A 4004.01
shall file with the department a written explanation of both the manufacture or
representative date and representative code.
(b) Each
manufacturer shall file the explanation specified in (a), above, no later than:
(1) The later
of 3 months after the effective date of this chapter or within 3 months of
production; and
(2) Within 3
months after any change in coding.
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
PART Env-A 4005
PERFORMANCE STANDARD TEST PROCEDURES
Env-A
4005.01 Performance Standard Test
Procedures.
(a) Each manufacturer shall test to determine
compliance with Env-A 4003.02 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, as amended on July 26,
2006; and
(2) “Test
Method 511, Automatic Closure Test Procedure for Spill-Proof Systems and
Spill-Proof Spouts,” adopted by CARB on July 6, 2000.
(b) In addition to the test procedures specified
in (a), above, each manufacturer shall test to determine compliance with Env-A
4003.01 using the following test procedures:
(1) TP-502,
“Test Procedure for Determining Diurnal Emissions from Portable Fuel
Containers,” adopted by CARB on
(2) “Test
Method 513, Determination of Permeation Rate for Spill-Proof Systems,” adopted
by CARB on
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
PART Env-A 4006
INNOVATIVE PRODUCTS AND ALTERNATE TEST PROCEDURES
Env-A
4006.01 Innovative Products.
(a) Any manufacturer of a portable fuel container
or spout, or both, that has been granted an innovative products exemption by
CARB or the air pollution agency of another state and the state exemption
has been approved by EPA shall be exempt from the performance standards in
Env-A 4003 for the period of time that the innovative products exemption
remains in effect provided that the VOC emissions from the portable fuel
container or spout, or both, in the innovative products exemption will result
in cumulative VOC emissions below the highest emitting spill-proof system or
spill-proof spout in its product category.
(b) Any manufacturer of a portable fuel container
or spout, or both, that has received approval from CARB or the air pollution
agency of another state to use alternate test procedures and the state approval has been approved by EPA shall be exempt from
the requirements in Env-A 4005.01 provided that the alternate methods
accurately determine the VOC concentration in the product or its emissions.
(c) Any manufacturer claiming to have an
exemption as specified in (a), above, or an alternate test method as specified
in (b), above, shall submit to the department a copy of the exemption decision
or alternate test method decision, including all conditions applicable to the
exemption decision or alternate test method decision established by CARB or the
air pollution agency of another state.
Source. #8358, eff
5-26-05; ss by #9064, eff 1-9-08
APPENDIX
|
Rule |
|
|
Env-A 4000 |
RSA 125-C:4, I(a) &
(n); RSA 125-C:6, II & XVII; RSA 485:16-c; 2004, 175:1 |