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 9VAC5-45-200 - Certification procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Provisions follow concerning the requirements and process for board
					 certification of a portable fuel container or spout manufactured on or after
					 August 1, 2010, as a spill-proof system or spill-proof spout.
B. To be considered by the board for
					 certification, an application for certification shall be submitted in writing
					 to the board by the manufacturer of the portable fuel container or spout.
1. Except as provided in subdivision D 2 of
					 this section, the application shall contain the following information:
a. An identification of the names, addresses,
					 and phone numbers of the company, owner or other persons that are submitting
					 the application, and the names and phone numbers of contact persons that are
					 knowledgeable concerning the application.
b. Model numbers and sizes of spill-proof
					 systems or spill-proof spouts for which certification is requested.
c. Test data that demonstrates that the
					 spill-proof systems or spill-proof spouts comply with each of the certification
					 requirements identified in
					 9VAC5-45-190 B.
d. Engineering drawings of the spill-proof
					 system or spill-proof spout detailing dimensions specific to each component. If
					 an application is submitted for a spill-proof system (i.e., container and
					 spout), separate dimensioned drawings for the portable fuel container and for
					 the spill-proof spout are required. If more than one type or size of portable
					 fuel container or more than one type of spill-proof spout is included in the
					 application, separate dimensioned drawings are required for each
					 component.
e. Test data from each
					 of the test procedures specified in
					 9VAC5-45-250 B 1 and 2
					 demonstrating that the spill-proof system, spill-proof spout, or component
					 meets the applicable criteria.
f.
					 Any other test data that supports the requirements in subdivision e of this
					 subsection and that would assist in the determination of
					 certification.
g. The language,
					 symbols, or patterns that will actually be permanently embossed on the
					 spill-proof system or spill-proof spout. This shall include examples of date
					 code wheels as well as all other permanent markings and their locations on the
					 container and/or spill-proof spout. Once the board certifies a spill-proof
					 system or spill-proof spout, these permanent markings cannot be altered or
					 modified in any way without first obtaining the board's approval.
h. The language or labels that may be affixed
					 to the spill-proof system or spill-proof spout at the time of sale.
i. The manufacturer's recommended
					 instructions, instruction decals, or any other type of placard attached to the
					 spill-proof system or spill-proof spout at the time of sale. Include examples
					 of actual decals or placards if available. Proposed placards or decals are
					 sufficient if actual samples are not available. Once the board certifies a
					 spill-proof system or spill-proof spout, these decals or placards cannot be
					 altered or modified in any way without first obtaining the board's
					 approval.
j. The manufacturer
					 warranty(s) as defined in
					 9VAC5-45-190 B 6.
k. A description of the materials used in the
					 construction of the spill-proof system or spill-proof spout. Material
					 compositions of gaskets, O-rings, and seals must be described.
l. If the applicant is not the manufacturer
					 of all system components incorporated in a spill-proof system or spill-proof
					 spout, the applicant must include evidence that the component manufacturers
					 have been notified of the applicant's intended use of the manufacturers'
					 components in the spill-proof system or spill-proof spout for which the
					 application is being made.
(1) If the
					 applicant is requesting inclusion of one or more components not manufactured by
					 it on the applicable spill-proof system or spill-proof spout, the applicant
					 shall notify the component manufacturers and obtain the information required of
					 the application as specified in this subsection.
(2) If the component design and material
					 specifications requested for inclusion in the certification have not been
					 previously incorporated in a spill-proof system or spill-proof spout that has
					 been issued a CARB certification executive order or has been certified by the
					 board pursuant to these procedures, then each of the components shall be
					 subject to each of the application and test requirements specified in this
					 article.
m. A sample of
					 the spill-proof system or spill-proof spout is not required as part of the
					 initial application for certification. The board may later require that a
					 sample be provided if it is deemed necessary to make the proper certification
					 determination.
n. The document
					 certification statement required by
					 9VAC5-20-230, signed by a
					 responsible official as defined in that section.
o. The information required by subdivision B
					 1 a of this section is public information that may not be claimed as
					 confidential. Other information submitted to the board to meet the requirements
					 of this article 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.