Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 45 - CONSUMER AND COMMERCIAL PRODUCTS › Part II - Emission Standards › Article 1 - Emission Standards for Portable Fuel Containers and Spouts Manufacturedbefore August 1, 2010 › Section 9VAC5-45-80 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
					 of applying this article in the context of the Regulations for the Control and
					 Abatement of Air Pollution and related uses, the words or terms shall have the
					 meanings given them in subsection C of this section.
B. As used in this article, all terms not
					 defined herein shall have the meanings given them in 9VAC5-10 (General
					 Definitions) unless otherwise required by context.
C. Terms defined.
"ASTM" means the American Society for Testing and
						Materials.
"CARB" means California Air Resources Board.
"Consumer" means any person who purchases or otherwise
						acquires a new portable fuel container or spout for personal, family,
						household, or institutional use. Persons acquiring a portable fuel container or
						spout for resale are not "consumers" for that product.
"Distributor" means any person to whom a portable fuel
						container or spout is sold or supplied for the purpose of resale or
						distribution in commerce. This term does not include manufacturers, retailers,
						and consumers.
"Fuel" means all motor fuels subject to any provision of
						Chapter 12 (§ 59.1-149 et seq.) of Title 59.1 of the Code of Virginia,
						excluding liquefied petroleum gas, compressed natural gas, and hydrogen. This
						term includes, but is not limited to, gasoline, diesel fuel, and
						gasoline-alcohol blends.
"Manufacturer" means any person who imports,
						manufactures, assembles, produces, packages, repackages, or re-labels a
						portable fuel container or spout.
"Nominal capacity" means the volume indicated by the
						manufacturer that represents the maximum recommended filling level.
"Outboard engine" means a spark-ignition marine engine
						that, when properly mounted on a marine watercraft in the position to operate,
						houses the engine and drive unit external to the hull of the marine
						watercraft.
"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.
"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 for sale, or offered for sale for receiving,
						transporting, storing, and dispensing fuel. Portable fuel containers do not
						include containers or vessels permanently embossed or permanently labeled as
						described in 49 CFR
						172.407(a) with language
						indicating that the containers or vessels are solely intended for use with
						nonfuel products.
"Retail outlet" means any establishment at which portable
						fuel containers or spouts are sold, supplied, or offered for sale.
"Retailer" means any person who owns, leases, operates,
						controls, or supervises a retail outlet.
"Spill-proof spout" means any spout that complies with
						the standards specified in
						9VAC5-45-90 B and the
						administrative requirements in
						9VAC5-45-100.
"Spill-proof system" means any configuration of portable
						fuel container and firmly attached spout that complies with the standards in
						9VAC5-45-90 A and the
						administrative requirements in
						9VAC5-45-100.
"Spout" means any device that can be firmly attached to a
						portable fuel container and through which the contents of the container may be
						poured. A spout does not include a device that can be used to lengthen the
						spout to accommodate necessary applications.
"Target fuel tank" means any receptacle that receives
						fuel from a portable fuel container.
Statutory Authority
§ 10.1-1308 of the Code of
						  Virginia.