Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 45 - CONSUMER AND COMMERCIAL PRODUCTS › Part II - Emission Standards › Article 2 - Emission Standards for Portable Fuel Containers and Spouts Manufactured Onor After August 1, 2010 › Section 9VAC5-45-210 - Innovative products

Current through Register Vol. 40, No. 24, July 15, 2024
Manufacturers of portable fuel containers or spouts may
						seek an innovative products exemption in accordance with the following
						criteria:
1. The board will exempt a
					 portable fuel container or spout from one or more of the requirements specified
					 in 9VAC5-45-190 if a manufacturer
					 demonstrates by clear and convincing evidence that, due to some characteristic
					 of the product formulation, design, delivery systems, 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.
2. A manufacturer (applicant) shall apply in
					 writing to the board for an innovative product exemption. The application shall
					 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 the information necessary to
					 enable the board to establish enforceable conditions for granting the
					 exemption. The application shall also include the certification statement
					 required by
					 9VAC5-20-230 signed by a
					 responsible official. Information submitted by a manufacturer pursuant to this
					 section shall be available to the public except where the owner makes a showing
					 satisfactory to the board under
					 9VAC5-170-60 B that the information
					 meets the criteria in
					 9VAC5-170-60 C, in which case the
					 information shall be handled in accordance with the procedures specified in
					 §§ 10.1-1314 and 10.1-1314.1 of the Air Pollution Control Law of
					 Virginia.
3. Within 30 days of
					 receipt of the exemption application, the board will determine whether an
					 application is complete.
4. Within
					 90 days after an application has been deemed complete, the board will determine
					 whether, under what conditions, and to what extent an exemption from the
					 requirements of
					 9VAC5-45-190 will be permitted. The
					 board may extend this time period if additional time is needed to reach a
					 decision. An applicant may submit additional supporting documentation before a
					 decision has been reached. The board will notify the applicant of the decision
					 in writing and specify such terms and conditions as are necessary to insure
					 that emissions from the product will meet the emissions reductions specified in
					 subdivision 1 of this section, and that such emissions reductions can be
					 enforced.
5. In granting an
					 innovative product exemption for a portable fuel container or spout, the board
					 will specify the test methods for determining conformance to the conditions
					 established pursuant to subdivision 4 of this section. The test methods may
					 include criteria for reproducibility, accuracy, and sampling and laboratory
					 procedures.
6. For any portable
					 fuel container or spout for which an innovative product exemption has been
					 granted pursuant to this section, the manufacturer shall notify the board 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 shall also notify the board within 30 days
					 after the manufacturer learns of any information that would alter the emissions
					 estimates submitted to the board in support of the exemption
					 application.
7. If the standards
					 specified in
					 9VAC5-45-190 are amended for a
					 product category, all innovative product exemptions granted for products in the
					 product category, except as provided in subdivision 8 of this subsection, have
					 no force and effect as of the effective date of the amended
					 standards.
8. If the board believes
					 that a portable fuel container or spout for which an exemption has been granted
					 no longer meets the criteria for an innovative product specified in subdivision
					 1 of this section, the board may modify or revoke the exemption as necessary to
					 assure that the product will meet these criteria.
Statutory Authority
§ 10.1-1308 of the Code of
						  Virginia.