New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 239 - Portable Fuel Container Spillage Control › Subpart 239-2 - Definitions › Section 239-2.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this regulation, the following
						definitions apply:
(a) ASTM means the
					 American Society for Testing and Materials.
(b) Consumer means any person who purchases
					 or otherwise acquires a new portable fuel container, spout, or both portable
					 fuel container and spout for personal, family, household, or institutional use.
					 Persons acquiring a portable fuel container or spout or both portable fuel
					 container and spout for resale are not consumers for that product.
(c) Distributor means any person to whom a
					 portable fuel container, 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.
(d) Fuel means all fuels subject to any
					 provision of Part 225 of this Title, including gasoline and diesel.
(e) 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, and water heaters, and is
					 suitable for use as a light source when burned in wick-fed lamps.
(f) Manufacturer means any person who
					 imports, manufactures, assembles, produces, packages, repackages, or re-labels
					 a portable fuel container, spout, or both portable fuel container and
					 spout.
(g) Nominal capacity means
					 the volume indicated by the manufacturer that represents the maximum
					 recommended filling level.
(h)
					 Outboard engine means a spark-ignition marine engine that, when properly
					 mounted on a marine water craft in the position to operate, houses the engine
					 and drive unit external to the hull of the marine water craft.
(i) 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.
(j) Person means any
					 individual, public or private corporation, political subdivision, government
					 agency, department or bureau of the State, municipality, industry,
					 co-partnership, association, firm, estate or any legal entity
					 whatsoever.
(k) Portable fuel
					 container means any container or vessel with a nominal capacity of 10 gallons
					 or less intended for reuse that is designed, used, sold, advertised or offered
					 for sale for receiving, transporting, storing, and dispensing fuel or
					 kerosene.
(l) 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.
(m) Retailer means any person who owns,
					 leases, operates, controls, or supervises a retail outlet.
(n) Retail outlet means any establishment at
					 which portable fuel containers, spouts, or both portable fuel containers and
					 spouts are sold, supplied, or offered for sale.
(o) Spill proof spout means any spout that
					 complies with
					 40 CFR section
					 59.653 (see Table 1, section
					 200.9 of this
					 Title).
(p) Spill-proof system
					 means any configuration of portable fuel container and firmly attached spout
					 that complies with
					 40 CFR section
					 59.653 (see Table 1, section
					 200.9 of this
					 Title).
(q) Spout means any device
					 that can be firmly attached to a portable fuel container through which the fuel
					 in such container is dispensed.
(r)
					 Target fuel tank means any receptacle that receives fuel from a portable fuel
					 container.