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
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Rule |
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Env-A 4000 |
RSA 125-C:4, I(a) &
(n); RSA 125-C:6, II & XVII; RSA 485:16-c; 2004, 175:1 |