Cal. Code Regs. tit. 13 § 2467.1

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 2467.1 - Definitions

(a) The definitions in section 1900(b), title 13 of the California Code of Regulations apply with the following additions:

(1) "ASTM" means ASTM International, an international standards organization.

(2) "Automatic closure" means a device or mechanism that causes a portable fuel container system spout to automatically close, seal, and remain completely closed when not dispensing fuel.

(3) "Automatically close" means a closure occurs through the activation of a device or mechanism that causes a spout to close, seal, and remain completely closed when not dispensing fuel.

(4) "Consumer" means the first person who in good faith purchases a new portable fuel container system or its components for purposes other than resale, including but not limited to personal, family, household, or institutional use.

(5) "Distributor" means any person to whom a portable fuel container system or its components are sold or supplied for the purposes of resale or distribution in commerce. Manufacturers, retailers, and consumers are not distributors.

(6) "Executive Officer" means the Executive Officer of the Air Resources Board, or his or her designee.

(7) "Fuel" means any petroleum distillate or petroleum distillate/alcohol blend or alcohol, except any liquefied petroleum gas (LPG), which has a vapor pressure of 1.5 psia (77.5 mm Hg) or greater and is used as a fuel for internal combustion engines.

(8) "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.

(9) "Manufacturer" means any person who imports, manufactures, assembles, packages, repackages, or re-labels a portable fuel container or spout.

(10) "Nominal Capacity" means the volume indicated by the manufacturer that represents the maximum recommended filling level.

(11) "Outboard Marine 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.

(12) "Permeation" means the process by which individual fuel molecules may penetrate the walls and various assembly components of a portable fuel container system and evaporate from its outside surface.

(13) "Person" has the same meaning as defined in Health and Safety Code section 39047.

(14) "Portable Fuel Container (PFC)" means any container or vessel with a nominal capacity of ten 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. Portable fuel containers do not include containers or vessels permanently embossed or permanently labeled, as described in 49 Code of Federal Regulations section 172.407(a), with language indicating said containers or vessels are solely intended for use with non-fuel or non-kerosene products.

(15) "Portable Fuel Container System" means any configuration of portable fuel container and components, including firmly attached spout, any caps, gaskets, vents, and other parts provided to consumers.

(16) "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 Executive Officer.

(17) "Product Family" means any portable fuel container systems that share similar designs, that are constructed of identical materials, and that are manufactured using identical processes, but vary only in size or color.

(18) "Retailer" means any person who owns, leases, operates, controls, or supervises a retail outlet.

(19) "Retail Outlet" means any establishment at which portable fuel containers or spouts are sold, supplied, or offered for sale.

(20) "Spout" means any device that can be firmly attached to a portable fuel container and through which the contents of a portable fuel container can be dispensed, not including a device that can be used to lengthen the spout to accommodate necessary applications.

(21) "Target Fuel Tank" means any receptacle that receives fuel from a portable fuel container.

(22) "Total Organic Gases (TOG)" means compounds of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate.

Cal. Code Regs. Tit. 13, § 2467.1

1. New section filed 9-11-2000; operative 10-11-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2471 to new section 2467.1 and amending subsections (a)(16) and (a)(17) filed 9-14-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 37).
3. New subsection (a)(6), subsection renumbering and amendment of newly designated subsections (a)(12), (a)(17) and (a)(18) filed 1-13-2006; operative 2-12-2006 (Register 2006, No. 2).
4. New subsections (a)(2)-(3), subsection relettering and amendment of newly designated subsections (a)(19)-(21) filed 9-11-2006; operative 10-11-2006 (Register 2006, No. 37).
5. Amendment filed 2-2-2017; operative 4-1-2017 (Register 2017, No. 5).

Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).