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 239-5 - Innovative Products › Section 239-5.1 - Innovative products

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 portable fuel container or spout or both portable fuel container and spout may
					 be exempted from one or more of the requirements of Subpart 239-3 of this Part
					 if a manufacturer demonstrates by clear and convincing evidence that, due to
					 the product's design, delivery system, or other factors, the use of the product
					 will result in cumulative VOC emissions below the highest emitting
					 representative spill-proof system or representative spill-proof spout in its
					 product category as determined from applicable testing.
(1) For the purposes of this section,
					 representative spill-proof system or a representative spill-proof spout means a
					 portable fuel container or spout or both portable fuel container and spout
					 which, at the time of application in paragraph (2) of this subdivision, meets
					 the performance standards specified in Subpart 239-3 of this Part.
(2) A manufacturer (applicant) must apply in
					 writing to the director, Division of Air Resources, Department of Environmental
					 Conservation for an innovative product exemption. The application must include
					 the supporting documentation that quantifies the emissions from the innovative
					 product, including the actual physical test methods used to generate the data.
					 In addition, the applicant must provide any information necessary to establish
					 enforceable conditions for granting the exemption. All information including
					 proprietary data submitted by a manufacturer pursuant to this Section shall be
					 handled in accordance with the procedures specified in Part 616 of this
					 Title.
(3) Within 30 days of
					 receipt of the exemption application the department shall determine whether an
					 application is complete.
(4) Within
					 90 days after an application has been deemed complete, the department will
					 determine whether, under what conditions, and to what extent, an exemption from
					 the requirements of Subpart 239-3 of this Part will be permitted. The applicant
					 and the department may mutually agree to a longer time period for reaching a
					 decision. An applicant may submit additional supporting documentation before a
					 decision has been reached. The department will notify the applicant of the
					 decision in writing and specify such terms and conditions that are necessary to
					 ensure that emissions from use of the product will meet the emissions
					 reductions specified in this subdivision, and that such emissions reductions
					 can be enforced.
(5) In granting an
					 innovative product exemption for a portable fuel container or spout or both
					 portable fuel container and spout, the State of New York shall specify the test
					 methods for determining conformance to the conditions established. The test
					 methods may include criteria for reproducibility, accuracy, and sampling and
					 laboratory procedures.
(6) For any
					 portable fuel container or spout or both portable fuel container and spout for
					 which an innovative product exemption has been granted pursuant to this
					 Subpart, the manufacturer shall notify the department in writing at least 30
					 days before the manufacturer changes a product's design, delivery system, or
					 other factors that may effect the VOC emissions during recommended usage. The
					 manufacturer must also notify the department within 30 days after the
					 manufacturer learns of any information that would alter the emissions estimates
					 submitted to the department in support of the exemption application.
(7) If the performance standards specified in
					 Subpart 239-3 of this Part are amended for a product category, all innovative
					 product exemptions granted for products in the product category, except as
					 provided in paragraph (8) of this subdivision, have no force and effect as of
					 the effective date of the amended performance standards.
(8) If the department believes that a
					 portable fuel container, spout, or both portable fuel container and spout for
					 which an exemption has been granted no longer meets the criteria for an
					 innovative product specified in this subdivision, the department may hold a
					 public hearing in accordance with the procedures specified in Part 621 of this
					 Title, to determine if the exemption should be modified or revoked.