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Section 22a-174-43 Portable Fuel Container Spillage Control

. (a) Definitions

. For the purposes of this section: (1) "CARB" means the California Air Resources Board

. (2) "CCR" means the California Code of Regulations

. (3) "Consumer" means any person who purchases or otherwise acquires a newportable fuel container or spout or both portable fuel container and spout for personal, family, household or institutional use
. Aperson who acquires a portable fuel container or spout or both a portable fuel container and spout for resale is not a "consumer" for that product

. (4) "Distributor" means any person to whoma portable fuel container or spout or both portable fuel container and spout is sold or supplied for the purpose of resale or distribution in commerce

. This termdoes not include manufacturers, retailers and consumers
. (5) "Fuel" means a volatile liquid mixture containing hydrocarbons or a blend of a volatile liquid mixture with one or more oxygen containing ashless organic compounds, such as alchols or ethers, which is suitable for use in spark-ignition internal combustion engines or compression-ignition internal combustion engines

. (6) "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages or re-labels a portable fuel container or spout or both portable fuel container and spout

. (7) "NYCRR" means the Official Compilation of Codes, Rules and Regulations of the State of NewYork

. (8) "NYSDEC" means the NewYork State Department of Environmental Conservation

. (9) "Nominal capacity" means the volume indicated by the manufacturer that represents the maximumrecommended filling level

. (10) "Outboard engine" means the spark-ignition marine engine mounted on a marine watercraft and used to propel such

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watercraft

. (11) "Permeation" means the process by which individual fuel molecules may penetrate the walls and components of a portable fuel container

. (12) "Portable fuel container" means any container or vessel with a nominal capacity of ten gallons or less intended for reuse that is designed or used primarily for receiving, transporting, storing and dispensing fuel

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

. (14) "Retail outlet" means any establishment at which any portable fuel container or spout or both portable fuel container and spout is sold, supplied or offered for sale

. (15) "Spill-proof spout" means any spout that complies with the performance standards set forth in subsection (d) of this section

. (16) "Spill-proof system" means any configuration of portable fuel container and firmly attached spout that complies with the performance standards set forth in subsection (d) of this section

. (17) "Spout" means any device that can be firmly attached to a portable fuel container for dispensing the contents of a portable fuel container

. (18) "Target fuel tank" means any receptacle that receives fuel froma portable fuel container

. (b) Applicability

. Except as provided in subsection (c) of this section, this section applies to any person who sells, supplies, offers for sale or manufactures for sale in the State of Connecticut a portable fuel container or spout or both portable fuel container and spout for use in the State of Connecticut

. (c) Exemptions

. (1) This section shall not apply to any portable fuel container

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or spout or both portable fuel container and spout manufactured in the State of Connecticut for shipment, sale and use outside of the State of Connecticut

. (2) This section shall not apply to a manufacturer or distributor who sells, supplies or offers for sale in the State of Connecticut a portable fuel container or spout or both portable fuel container and spout that does not comply with the performance standards set forth in subsection (d) of this section, provided that such manufacturer makes and keeps records demonstrating: (A) The portable fuel container or spout or both portable fuel container and spout is intended for shipment and use outside of the State of Connecticut; and (B) The manufacturer or distributor has taken reasonable and prudent precautions to assure that the portable fuel container or spout or both portable fuel container and spout is not distributed to or within the State of Connecticut

. (3) This section shall not apply to any safety can subject to and in compliance with the provisions of 29 CFR 1926, Subpart F

. (4) This section shall not apply to any portable fuel container with a nominal capacity of less than or equal to one (1) quart

. (5) This section shall not apply to any rapid refueling device with a nominal capacity of greater than or equal to four gallons, provided that such device: (A) Is designed for use in an off-highway motorized vehicle competition; (B) Creates a leak-proof seal against the target fuel tank; or (C) Operates in conjunction with a receiver permanently installed on the target tank

. (6) This section shall not apply to marine portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and an outboard engine for the purpose of operating such engine

. (7) This section shall not apply to any manufacturer for any

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product for which the NYSDEC issued a variance pursuant to 6 NYCRR 239-7 for the period of time such variance is in effect, provided that the manufacturer submits all information and data required by 6 NYCRR 239-7 to the commissioner within thirty days of variance approval

. If NYSDEC issues a variance pursuant to 6 NYCRR 239-7 more than thirty days before the effective date of this section, the manufacturer shall submit the information and data required by 6 NYCRR237-7 to the commissioner within thirty days of the effective date of this section, provided the underlying variance is still in effect and necessary to maintain this exemption in the State of Connecticut

. (8) This section shall not apply to any product for which the manufacturer is granted:

(A) An exemption by CARB pursuant to the Innovative Products provisions of 13 CCR 2467.4 for the period of time the CARB Innovative Products exemption remains in effect; or (B) An exemption by the NYSDEC pursuant to the Innovative Products provisions of 6 NYCRR 239-5 for the period of time the NYSDEC Innovative Products exemption remains in effect

. (9) Any manufacturer who claims an exemption pursuant to subdivision (8) of this subsection shall submit to the commissioner, upon request therefore, a copy of the applicable CARB or NYSDEC exemption decision

.
(d) Performance Standards

. (1) Except as provided in subsection (c) of this section, no person shall sell, supply, offer for sale or manufacture for sale in the State of Connecticut on or after May 1, 2004, any portable fuel container or any portable fuel container and spout that, at the time of sale or manufacture, does not comply with the performance standards specified in subdivision (2) of this subsection

. (2) Each portable fuel container and each portable fuel container and spout shall : (A) Have an automatic shut-off that stops fuel flowbefore the target tank overflows;

### May10,2004 page 43-5 (B) Automatically close and seal when removed fromthe target fuel tank and remain completely closed when not dispensing fuel ; (C) Have only one opening for both filling and pouring; (D) Provide a fuel flowrate and fill level equal to or greater than: (i) One-half (0.5) gallon per minute for portable

fuel containers with a nominal capacity: (aa) less than or equal to one and one-half (1.5) gallons, filling to a level less than or equal to one (1) inch belowthe top of the target fuel tank opening, or (bb) greater than one and one-half (1.5) gallons, but less than or equal to two and one-half (2.5) gallons, filling to a level less than or equal to one (1) inch belowthe top of the target fuel tank opening if the spillproof systemclearly displays the phrase "Low FLOWRATE" in type of thirty-four (34) point or greater on each spill-proof systemor label affixed thereto, and on the accompanying package, if any, (ii) One (1) gallon per minute for portable fuel containers with a nominal capacity greater than one and one-half (1.5) gallons, but less than or equal to two and one-half (2.5) gallons, and fills to a level less than or equal to one and one-quarter (1.25) inches belowthe top of the target fuel tank opening, or (iii) Two (2) gallons per minute for portable fuel containers with a nominal capacity greater than two and one-half (2.5) gallons; (E) Have a permeation rate of less than or equal to fourtenths (0.4) grams per gallon per day; and (F) Be warranted by the manufacturer for a period of not less than one year against all defects in material and workmanship

.

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(3) Except as provided in subsection (c) of this section, no person shall sell, supply, offer for sale or manufacture for sale in the State of Connecticut on or after May 1, 2004, any spout that, at the time of sale or manufacture, does not comply with the performance standards specified in subdivision (4) of this subsection

. (4) Each spill-proof spout shall : (A) Have an automatic shut-off that stops fuel flowbefore the target tank overflows; (B) Automatically close and seal when removed fromthe target fuel tank and remain completely closed when not dispensing fuel ; (C) Provide a fuel flowrate and fill level equal to or greater than: (i) One-half (0.5) gallon per minute for portable

fuel containers with a nominal capacity: (aa) less than or equal to one and one-half (1.5) gallons, filling to a level less than or equal to one (1) inch belowthe top of the target fuel tank opening, or (bb) greater than one and one-half (1.5) gallons, but less than two and one-half (2.5) gallons, filling to a level less than or equal to one (1) inch belowthe top of the target fuel tank opening if the spill-proof spout clearly displays the phrase "LowFLOW RATE" in bold type of thirty-four (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, (ii) One (1) gallon per minute for portable fuel containers with a nominal capacity greater than one and one-half (1.5) gallons, but less than two and one-half (2.5) gallons, filling to a level less than or equal to one and one-quarter (1.25) inches belowthe top of the target fuel tank opening, or

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(iii) Two (2) gallons per minute for portable fuel

containers with a nominal capacity greater than two and one-half (2.5) gallons; and (D) Be warranted by the manufacturer for a period of not less than one year against all defects in material and workmanship

. (e) Labelling Requirements

. (1) Each manufacturer of a portable fuel container or portable fuel container and spout subject to this section shall clearly display on each spill-proof system : (A) The phrase "Spill-Proof System ;" (B) A date of manufacture or a representative date; and (C) A representative code identifying the portable fuel container or portable fuel container and spout as subject to this section and in compliance with subsection (d) of this section

. (2) Each manufacturer of a spout subject to this section shall clearly display on the accompanying package, or for a spillproof spout sold without packaging, on either the spill-proof spout or a label affixed thereto: (A) The phrase "Spill-Proof Spout;" (B) A date of manufacture or a representative date; and (C) A representative code identifying the spout as subject to this section and in compliance with subsection (d) of this section

. (3) Each manufacturer subject to this section shall file an explanation of both the date code and representative date code with the commissioner no later than three months after the effective date of this section or within ninety (90) days of production or any change in coding

. (4) Each manufacturer subject to this section shall clearly display a fuel flowrate on each spill-proof systemor spillproof spout, or label affixed thereto, and on any accompanying package

.

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(5) Each manufacturer subject to subdivision (2) of this subsection shall clearly display, on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label fixed thereto, the make, model number and size of each portable fuel container the spout is designed to accommodate, provided the identified combinations of container and spout shall comply with all applicable provisions of this section

. (6) No manufacturer shall display or affix the phrase "SpillProof System" or "Spill-Proof Spout" to a portable fuel container or a portable fuel container and spout unless such container and spout comply with all applicable provisions of subsection Jd) of this section

. (7) If, due to its design or other features, a portable fuel container or a portable fuel container and spout cannot be used to refuel one or more on-road motor vehicles, the manufacturer shall clearly display the phrase "Not Intended For Refueling OnRoad Motor Vehicles" in thirty-four (34) point type or greater on: (A) An affixed label and the accompanying package, if any,

for any portable fuel container or portable fuel container and spout sold together as a spill-proof system

; and (B) Either the spill-proof spout or a label affixed thereto, and the accompanying package, if any, for any spill-proof spout

. (f) Compliance Test Procedures

. (1) Each manufacturer of a portable fuel container or spout or both a portable fuel container and spout must performthe compliance tests specified in subdivisions (2) and (3) of this subsection prior to allowing the product to be offered for sale in the State of Connecticut or at any other time directed to do so by the commissioner

. (2) To determine compliance with the standards set forth in subsection (d) of this section, each manufacturer shall use the following test procedures:

### May10,2004 Page 43-9 (A) "Test Method 510, Automatic Shut-Off Test Procedure For Spill-Proof Systems And Spill-Proof Spouts," adopted by CARB on July 6, 2000; (B) "Test Method 511, Automatic Closure Test Procedure For Spill-Proof Systems And Spill-Proof Spouts," adopted by CARB on July 6, 2000; and (C) "Test Method 512, Determination Of Fuel FlowRate For Spill-Proof Systems And Spill-Proof Spouts," adopted by CARB on July 6, 2000

. (3) To determine compliance with the permeation standard set forth in subsection (d)(2)(D) of this section, each manufacturer shall use the test procedures set forth in subdivision (2) of this subsection and "Test Method 513, Determination Of Permeation Rate For Spill-Proof Systems," adopted by CARB on July 6, 2000

. (4) Each manufacturer must make and keep records of the compliance tests specified in subdivisions (2) and (3) of this subsection for as long as the product is available for sale in the State of Connecticut and make any test results available to the commissioner within thirty (30) days after receiving a request by the commissioner for such records

. (5) Compliance with the performance standards set forth in subsection (d) of this section does not exempt any manufacturer of a spill-proof systemor spill-proof spout fromthe duty to comply with all other applicable federal and state requirements

. (6) Notwithstanding the provisions of subsections (d)(1) and (d)(3) of this section, a portable fuel container or spout or both a portable fuel container and spout manufactured before May 1, 2004, may be sold, supplied or offered for sale until May 1, 2005 if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container or spout

. Back to Regulations Page ~= Forward to Section 22a-174-100C*NOTE

This document contains the Connecticut regulations for the abatement ofair pollutionwiththerecentlyadoptedrevisionstotheregulationsthatbecameeffective May 10, 2004

. This document was prepared by the State ofConnecticut DepartmentofEnvironmentalProtectionandisprovidedfortheconvenienceofthe reader

. Thisisnottheofficialversionoftheregulations

. Theofficialregulations
arepublishedbytheStateofConnecticut,JudicialBranch,CommissiononOfficial LegalPublicationsintheConnecticutLaw Journal

. Officiallegalpublicationsmay byobtainedfromtheCommissiononOfficialLegalPublications,111PhoenixAve Enfield,CT06082(telephone'(860)741-3027,orwww iudstatect.us/colp/ColpDefault.htm)

. Intheeventthereisaninconsistencybetweenthisdocumentandtheregulationsas publishedintheConnecticutLaw Journal,theConnecticutLaw Journalwillserve astheofficialversion

.