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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 new portable fuel container or spout or both portable 

fuel container and spout for personal, family, household or 

institutional use . A person 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 whom a 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 term does 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 New York . 

(8) "NYSDEC" means the New York State Department of 

Environmental Conservation . 

(9) "Nominal capacity" means the volume indicated by the 

manufacturer that represents the maximum recommended 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 

from a 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 NYCRR 237-7 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 flow before 

the target tank overflows ; 
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(B) Automatically close and seal when removed from the 

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 flow rate 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 below the 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 below the top of 

the target fuel tank opening if the spillproof system clearly displays the phrase "Low 

FLOW RATE" in type of thirty-four (34) point 

or greater on each spill-proof system or 

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 below the 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 flow before 

the target tank overflows ; 

(B) Automatically close and seal when removed from the 

target fuel tank and remain completely closed when not 

dispensing fuel ; 

(C) Provide a fuel flow rate 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 below the 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 below the top of the 

target fuel tank opening if the spill-proof 

spout clearly displays the phrase "Low FLOW 

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 below the 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 flow rate on each spill-proof system or 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 perform the 

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 : 
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(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 Flow Rate 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 system or spill-proof spout from the 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-174-100 C* 
NOTE 

This document contains the Connecticut regulations for the abatement of air 

pollution with the recently adopted revisions to the regulations that became effective 

May 10, 2004. This document was prepared by the State of Connecticut 

Department of Environmental Protection and is provided for the convenience of the 

reader. This is not the official version of the regulations. The official regulations 

are published by the State of Connecticut, Judicial Branch, Commission on Official 

Legal Publications in the Connecticut Law Journal. Official legal publications may 

by obtained from the Commission on Official Legal Publications, 111 Phoenix Ave 

Enfield, CT 06082 (telephone' (860) 741-3027, or www iud state ct .us/colp/ColpDefault .htm). 

In the event there is an inconsistency between this document and the regulations as 

published in the Connecticut Law Journal, the Connecticut Law Journal will serve 

as the official version.