Virginia Administrative Code

Database updated through January 6, 2011

Article 42 

Emission Standards for Portable Fuel Container Spillage (Rule 4-42) 

9VAC5-40-5700. Applicability. 

A. Except as provided in subsections C through H of this section, the provisions of this article apply to 

any person who sells, supplies, offers for sale, or manufactures for sale portable fuel containers or 

spouts. 

B. The provisions of this article apply only to sources and persons in the Northern Virginia and

Fredericksburg Volatile Organic Compound Emissions Control Areas designated in 9VAC5-20-206. 

C. The provisions of this article do not apply to any portable fuel container or spout manufactured for 

shipment, sale, and use outside of the Northern Virginia and Fredericksburg Volatile Organic Compound 

Emissions Control Areas. 

D. This article does not apply to a manufacturer or distributor who sells, supplies, or offers for sale a 

portable fuel container or spout that does not comply with the emission standards specified in 9VAC5-40-

5720, as long as the manufacturer or distributor can demonstrate that: (i) the portable fuel container or 

spout is intended for shipment and use outside of the Northern Virginia and Fredericksburg Volatile 

Organic Compound Emissions Control Areas; and (ii) that the manufacturer or distributor has taken 

reasonable prudent precautions to assure that the portable fuel container or spout is not distributed within 

the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas. This 

subsection does not apply to portable fuel containers or spouts that are sold, supplied, or offered for sale 

to retail outlets. 

E. This article does not apply to safety cans meeting the requirements of 29 CFR Part 1926 Subpart F. 

F. This article does not apply to portable fuel containers with a nominal capacity less than or equal to 

one quart. 
G. This article does not apply to rapid refueling devices with nominal capacities greater than or equal 

to four gallons, provided such devices are designed either (i) to be used in officially sanctioned offhighway motorcycle competitions, (ii) to create a leak-proof seal against a stock target fuel tank, or (iii) to 

operate in conjunction with a receiver permanently installed on the target fuel tank. 

H. This article does 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. 

I. For purposes of this article, the terms "supply" or "supplied" do not include internal transactions 

within a business or governmental entity. These terms only apply to transactions between 

manufacturers/commercial distributors that sell, or otherwise provide, products to business/governmental 

entities/individuals. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part 51. 

Historical Notes 

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; amended, Virginia Register 

Volume 22, Issue 26, eff. October 4, 2006. 

9VAC5-40-5710. Definitions. 

A. For the purpose of applying this article in the context of the Regulations for the Control and 

Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in 

subsection C of this section. 

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5 

Chapter 10 (9VAC5-10), unless otherwise required by context. 

C. Terms defined. 

"ASTM" means the American Society for Testing and Materials. 

"Consumer" means any person who purchases or otherwise acquires a new portable fuel container or 
spout for personal, family, household, or institutional use. Persons acquiring a portable fuel container or 

spout for resale are not "consumers" for that product. 

"Distributor" means any person to whom a portable fuel container or spout is sold or supplied for the 

purpose of resale or distribution in commerce. This term does not include manufacturers, retailers, and 

consumers. 

"Fuel" means all motor fuels subject to any provision of Chapter 12 (§ 59.1-149 et seq.) of Title 59.1 of 

the Code of Virginia. 

"Manufacturer" means any person who imports, manufactures, assembles, produces, packages, 

repackages, or relabels a portable fuel container or spout. 

"Nominal capacity" means the volume indicated by the manufacturer that represents the maximum 

recommended filling level. 

"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. 

"Permeation" means the process by which individual fuel molecules may penetrate the walls and 

various assembly components of a portable fuel container directly to the outside ambient air. 

"Portable fuel container" means any container or vessel with a nominal capacity of 10 gallons or less 

intended for reuse that is designed or used primarily for receiving, transporting, storing, and dispensing 

fuel. 

"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 board. 

"Retailer" means any person who owns, leases, operates, controls, or supervises a retail outlet. 

"Retail outlet" means any establishment at which portable fuel containers or spouts are sold, supplied, 

or offered for sale. 
"Spill-proof spout" means any spout that complies with the standards specified in 9VAC5-40-5720 B. 

"Spill-proof system" means any configuration of portable fuel container and firmly attached spout that 

complies with the standards in 9VAC5-40-5720 A. 

"Spout" means any device that can be firmly attached to a portable fuel container and through which 

the contents of the container may be poured. 

"Target fuel tank" means any receptacle that receives fuel from a portable fuel container. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act, 40 

CFR Parts 51 and 60. 

Historical Notes 

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004. 

9VAC5-40-5720. Standard for volatile organic compounds. 

A. No person shall sell, supply, offer for sale, or manufacture for sale any portable fuel container that 

at the time of sale or manufacture does not meet all of the following standards for spill-proof systems: 

1. Has an automatic shut-off that stops the fuel flow before the target fuel tank overflows. 

2. Automatically closes and seals when removed from the target fuel tank and remains completely 

closed when not dispensing fuel. 

3. Has only one opening for both filling and pouring. 

4. Provides a fuel flow rate and fill level of: 

a. Not less than one-half gallon per minute for portable fuel containers with a nominal capacity 

of: 

(1) Less than or equal to 1.5 gallons and fills to a level less than or equal to one inch below the 

top of the target fuel tank opening; or 

(2) Greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or 
equal to one inch below the top of the target fuel tank opening if the spill-proof system clearly 

displays the phrase "Low Flow Rate" in type of 34 point or greater on each spill-proof system or 

label affixed thereto and on the accompanying package, if any; or 

b. Not less than one gallon per minute for portable fuel containers with a nominal capacity 

greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or 

equal to 1.25 inches below the top of the target fuel tank opening; or 

c. Not less than two gallons per minute for portable fuel containers with a nominal capacity 

greater than 2.5 gallons. 

5. Does not exceed a permeation rate of 0.4 grams per gallon per day. 

6. Is warranted by the manufacturer for a period of not less than one year against defects in 

materials and workmanship. 

B. No person shall sell, supply, offer for sale, or manufacture for sale any spout that at the time of sale 

or manufacture does not meet all of the following standards for spill-proof spouts: 

1. Has an automatic shut-off that stops the fuel flow before the target fuel tank overflows. 

2. Automatically closes and seals when removed from the target fuel tank and remains completely 

closed when not dispensing fuel. 

3. Provides a fuel flow rate and fill level of: 

a. Not less than one-half gallon per minute for portable fuel containers with a nominal capacity 

of: 

(1) Less than or equal to 1.5 gallons and fills to a level less than or equal to one inch below the 

top of the target fuel tank opening; or 

(2) Greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or 

equal to one inch below the top of the target fuel tank opening if the spill-proof spout clearly 

displays the phrase "Low Flow Rate" in type of 34 point or greater on the accompanying 

package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a 
label affixed thereto; or 

b. Not less than one gallon per minute for portable fuel containers with a nominal capacity 

greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or 

equal to 1.25 inches below the top of the target fuel tank opening; or 

c. Not less than two gallons per minute for portable fuel containers with a nominal capacity 

greater than 2.5 gallons. 

4. Is warranted by the manufacturer for a period of not less than one year against defects in 

materials and workmanship. 

C. The test procedures for determining compliance with the standards in this section are set forth in 

9VAC5-40-5760. The manufacturer of portable fuel containers or spouts shall perform the tests for 

determining compliance as set forth in 9VAC5-40-5760 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. 

E. Notwithstanding the provisions of subsections A and B of this section, a portable fuel container or 

spout manufactured before the applicable compliance date specified in 9VAC5-40-5750 A, may be sold, 

supplied, or offered for sale after the applicable compliance date, if the date of manufacture or a date 

code representing the date of manufacture is clearly displayed on the portable fuel container or spout. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part 51. 

Historical Notes 
Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; amended, Virginia Register 

Volume 22, Issue 26, eff. October 4, 2006. 

9VAC5-40-5730. Administrative requirements. 

A. Each manufacturer of a portable fuel container subject to and complying with 9VAC5-40-5720 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 as subject to and complying with 

9VAC5-40-5720 A. 

B. Each manufacturer of a spout subject to and complying with 9VAC5-40-5720 B 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. A date of manufacture or representative date; and 

3. A representative code identifying the spout as subject to and complying with 9VAC5-40-5720 B. 

C. Each manufacturer subject to subsection A or B of this section shall file an explanation of both the 

date code and representative code with the board no later than the later of three months after the 

effective date of this article or within three months of production, and within three months after any 

change in coding. 

D. Each manufacturer subject to subsection A or B of this section 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. 

E. Each manufacturer of a spout subject to subsection B of this section shall clearly display the make, 

model number, and size of those portable fuel containers the spout is designed to accommodate and for 

which the manufacturer can demonstrate the container's compliance with 9VAC5-40-5720 A on the 
accompanying package, or for spill-proof spouts sold without packaging on either the spill-proof spout or a 

label affixed thereto. 

F. Manufacturers of portable fuel containers not subject to or not in compliance with 9VAC5-40-5720 

may not display the phrase "Spill-Proof System" or "Spill-Proof Spout" on the portable fuel container or 

spout or on any sticker or label affixed thereto or on any accompanying package. 

G. Each manufacturer of a portable fuel container or spout subject to and complying with 9VAC5-40-

5720 that due to its design or other features cannot be used to refuel on-road motor vehicles shall 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 sold 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. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act, 40 

CFR Parts 51 and 60. 

Historical Notes 

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004. 

9VAC5-40-5740. Compliance. 

The provisions of subsections B, D, F, and J of 9VAC5-40-20 (Compliance) apply. The other 

provisions of 9VAC5-40-20 do not apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act, 40 

CFR Parts 51 and 60. 

Historical Notes 
Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004. 

9VAC5-40-5750. Compliance schedules. 

A. Affected persons shall comply with the provisions of this article as expeditiously as possible but in 

no case later than: 

1. January 1, 2005, in the Northern Virginia VOC Emissions Control Area; or 

2. January 1, 2008, in the Fredericksburg VOC Emissions Control Area. 

B. Any person who cannot comply with the provisions of this article by the date specified in subsection 

A of this section, due to extraordinary reasons beyond that person's reasonable control, may apply in 

writing to the board for a waiver. The waiver application shall set forth: 

1. The specific grounds upon which the waiver is sought; 

2. The proposed date by which compliance with the provisions of this article will be achieved; and 

3. A compliance report detailing the methods by which compliance will be achieved. 

C. No waiver may be granted unless all of the following findings are made: 

1. That, due to reasons beyond the reasonable control of the applicant, required compliance with 

this article would result in extraordinary economic hardship; 

2. That the public interest in mitigating the extraordinary hardship to the applicant by issuing the 

waiver outweighs the public interest in avoiding any increased emissions of air contaminants that 

would result from issuing the waiver; and 

3. That the compliance report proposed by the applicant can reasonably be implemented and shall 

achieve compliance as expeditiously as possible. 

D. Any approval of a waiver shall specify a final compliance date by which compliance with the 

requirements of this article shall be achieved. Any approval of a waiver shall contain a condition that 

specifies the increments of progress necessary to assure timely compliance and such other conditions 

that the board finds necessary to carry out the purposes of this article. 

E. A waiver shall cease to be effective upon the failure of the party to whom the waiver was granted to 
comply with any term or condition of the waiver. 

F. Upon the application of any person, the board may review, and for good cause, modify or revoke a 

waiver from requirements of this article. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part 51. 

Historical Notes 

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004; amended, Virginia Register 

Volume 22, Issue 26, eff. October 4, 2006. 

9VAC5-40-5760. Test methods and procedures. 

A. The provisions of subsection G of 9VAC5-40-30 (Emission testing) apply. The other provisions of 

9VAC5-40-30 do not apply. 

B. Testing to determine compliance with 9VAC5-40-5720 B of this article shall be performed by using 

the following test procedures: 

1. California Air Resources Board (CARB) Automatic Shut-Off Test Procedure for Spill-Proof 

Systems and Spill-Proof Spouts. 

2. CARB Automatic Closure Test Procedure for Spill-Proof Systems and Spill-Proof Spouts. 

3. CARB Determination of Fuel Flow Rate for Spill-Proof Systems and Spill-Proof Spouts. 

C. Testing to determine compliance with 9VAC5-40-5720 A of this article shall be performed by using 

all test procedures in subsection B of this section and the following test procedure: CARB Determination 

of Permeation Rate for Spill-Proof Systems. These test methods are incorporated by reference in 9VAC5-

20-21. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act, 40 

CFR Parts 51 and 60. 
Historical Notes 

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004. 

9VAC5-40-5770. Notification, records and reporting. 

The provisions of subsections D, E, F, and H of 9VAC5-40-50 (Notification, records and reporting) 

apply. The other provisions of 9VAC5-40-50 do not apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act, 40 

CFR Parts 51 and 60. 

Historical Notes 

Derived from Virginia Register Volume 20, Issue 12, eff. March 24, 2004.