N.J. Admin. Code § 7:27-24.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:27-24.8 - Portable fuel containers and spill-proof spouts: certification requirements

(a) Except as provided at N.J.A.C. 7:27-24.2(e) and (c) and (d) below, no person shall sell, offer for sale, hold for sale, advertise for sale, distribute for sale, supply for sale, or manufacture for sale in New Jersey on or after January 28, 2009, any portable fuel container, spout, or any portable fuel container and spout that has not been exempted from CARB or the EPA's certification requirements at 13 CCR 2467.3, 2467.4 and 2467.6 and 40 CFR 59.660 through 59.663, respectively, or has not been certified for use and sale by the manufacturer as follows:

1. For CARB certification, the product must be covered by a CARB Executive Order issued pursuant to 13 CCR 2467 through 2467.9; or

2. For EPA certification, the product must be covered by an EPA certificate of conformity issued pursuant to its portable fuel container certification program at 40 CFR 59.600 through 699.

(b) Certification criteria, including all test procedures for determining certification and compliance with the standards applicable to portable fuel containers, spouts, or portable fuel containers and spouts, produced on or after January 28, 2009, that are manufactured for sale, advertised for sale, sold, or offered for sale in New Jersey, or that are introduced, delivered or imported into New Jersey for introduction into commerce and that are subject to any of the standards prescribed in this subchapter, and documents incorporated by reference therein, are as follows:

1. For CARB certification, in "CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts," as supplemented or amended. CP-501 is available at http://www.arb.ca.gov or from contacting CARB, at:

1001 "I" Street

P.O. Box 2815

Sacramento, CA 95812 (916) 322-3260

or at mailto:webmaster@arb.ca.gov; and

2. For EPA certification, in 40 CFR Part 59, Subpart F, generally, and for testing specifically, 40 CFR 59.653, each as supplemented or amended.

(c) Notwithstanding the provisions of (a) above, a portable fuel container or spout or both portable fuel container and spout manufactured before January 28, 2009, may be sold, offered for sale, held for sale, distributed, or supplied for sale until December 29, 2009, if it is labeled or designated for use solely with kerosene and the date of manufacture or a date-code representing the date of manufacture is clearly displayed on the portable fuel container or spout and on the packaging (if any) in which it is sold. The date of manufacture or date-code shall be located so that it is readily observable without disassembling any part of the packaging (if any). If the manufacturer uses a date-code to comply with this subsection, the manufacturer shall electronically register the product, including an explanation of the date-code, in accordance with the requirements at N.J.A.C. 7:27-24.10(a).

(d) The provisions of (a) and (c) above do not apply to a spout, portable fuel container, or portable fuel container and spout if:

1. The spout, portable fuel container, or portable fuel container and spout has been exempted or granted an IPE or variance by CARB, the EPA, or by the air pollution control agency of another state that has adopted a portable fuel container rule based on or substantially equivalent to the Ozone Transport Commission (OTC) "Model Rule for Portable Fuel Container Spillage Control" dated March 6, 2001, including subsequent revisions accessible at the OTC's website at http://www.otcair.org; and

2. The IPE or variance is valid for use in New Jersey pursuant to (e) below.

(e) The IPE or variance in (d) above shall not be valid for use in New Jersey to comply with this subchapter unless:

1. The IPE or variance is currently in effect (the Department shall consider an IPE or variance in effect if the issuing agency deems the IPE or variance to be in effect);

2. The product for which the IPE or variance is being claimed is the same product for which the IPE or variance was issued by the issuing agency;

3. For an IPE, the manufacturer has demonstrated to the issuing agency 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 portable fuel container product category as determined from applicable testing;

4. For a variance, the requirements at N.J.A.C. 7:27-24.4(j)3 are met; and

5. The manufacturer has submitted to the Department, in accordance with (f) below, the following:

i. A statement that, for a specified product that it manufactures, it intends to comply with this section under an IPE or variance rather than meet the applicable standards;

ii. The product brand name;

iii. A copy of the document(s) setting forth the IPE or variance, the issuing agency's approval, the issuing agency's conditions of approval, the manufacturer's documentation demonstrating compliance with the IPE or variance conditions, and any documents from the issuing agency that subsequently modify or terminate its conditions of approval;

iv. If an IPE, the demonstration of (e)3 above;

v. If a variance, documents that substantiate the manufacturer's claim of extraordinary economic hardship;

vi. The name of the state that previously approved the IPE or variance and the issuing-state's approval date; and

vii. A statement that the IPE or variance, as well as the product for which the IPE or variance is being used, conforms with (e)1 through 4 above.

(f) Any submittal pursuant to (e)5 above shall be sent to the address given at N.J.A.C. 7:27-24.3(d) and the envelope or package shall be labeled as follows: "Attention: Portable Fuel Container Innovative Product Exemption" or "Attention: Portable Fuel Container Variance," whichever is applicable.

(g) Compliance with the certification requirements in this subchapter does not exempt spill-proof systems or spill-proof spouts from compliance with other applicable Federal and State statutes and regulations such as State fire codes, safety codes, and other safety regulations.

N.J. Admin. Code § 7:27-24.8

New Rule, R.2004 d.182, effective 5/3/2004 (operative June 6, 2004).
See: 35 N.J.R. 4241(b), 36 N.J.R. 2218(a).
Amended by R.2008 d.366, effective 12/1/2008 (operative December 29, 2008).
See: 39 N.J.R. 4492(a), 40 N.J.R. 6769(a).
Section was "Portable fuel containers and spill-proof spouts: standards". Rewrote (a) and (b); in (c), deleted "and (b)", substituted "January 28, 2009" for "January 1, 2005" and "December 29, 2009" for "January 1, 2006", inserted "it is labeled or designated for use solely with kerosene and", and updated the N.J.A.C. reference; in the introductory paragraph of (d), deleted ", (b)" and substituted "do" for "shall"; rewrote (d)1; and added (g).