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Texas SIP: 30 TAC 115.620-115.629: Portable Fuel Containers; SIP effective 2005.04.11 TXd49 to 2011.04.25 TXd125

NOT IN SIP effective April 25, 2011

Regulatory Text: 
Texas Chapter 115 - Control of Air Pollution From Volatile Organic Compounds

Subchapter G:  Consumer-Related Sources

DIVISION 2:  PORTABLE FUEL CONTAINERS  ---  NOT IN TEXAS SIP Effective April 25, 2011
As approved by EPA February 10, 2005 (70 FR 07041) effective April 11, 2005, (TXd49).
Removed from Texas SIP February 24, 2011 (76 FR 10249) effective April 25, 2011 (TXd125) TX094.
Replaced with "Texas Portable Fuel Container State Implementation Plan"  
Regulations.gov docket EPA-R06-OAR-2010-0252   [Short ID:  TX094]

Outline
§115.620.  Definitions.
§115.621.  Applicability.
§115.622.  Performance Standards and Testing Requirements.
§115.626.  Labeling.
§115.627.  Exemptions.
§115.629.  Affected Counties and Compliance Schedules.


§115.620.  Definitions.
As adopted by TCEQ October 27, 2004 effective November 18, 2004 (5-77).
Approved by EPA February 10, 2005 (70 FR 07041) effective April 11, 2005 (TXd49).

     The following words and terms, when used in this division, have the following meanings, unless the context clearly indicates otherwise.  Additional definitions for terms used in this division are found in §§3.2, 101.1, and 115.10 of this title (relating to Definitions).

          (1)  Nominal capacity - The volume indicated by a portable fuel container manufacturer that represents the maximum recommended filling level.

          (2)  Portable fuel container - Any vessel that is designed to be used in combination with a portable fuel container spout and that is designed or used primarily to receive, transport, store, or dispense fuel for use in internal combustion engines.

          (3)  Portable fuel container spout - Any device that is designed or manufactured to be attached to a portable fuel container for the purpose of dispensing fuel into a target fuel tank leading to an internal combustion engine.

          (4)  Target fuel tank - Any receptacle that receives fuel from a portable fuel container.

Adopted October 27, 2004, effective November 18, 2004
*****end tx 115.620*****5-77*****EPA-R06-OAR-2005-TX-0001*****TXd49*****g65**


§115.621.  Applicability.
As adopted by TCEQ October 27, 2004 effective November 18, 2004 (5-77).
Approved by EPA February 10, 2005 (70 FR 07041) effective April 11, 2005 (TXd49).

     Except as provided in §115.627 of this title (relating to Exemptions), this division shall apply to any person who sells, offers for sale, supplies, distributes, or manufactures portable fuel containers and portable fuel container spouts in the State of Texas.

Adopted October 27, 2004, effective November 18, 2004
*****end tx 115.621*****5-77*****EPA-R06-OAR-2005-TX-0001*****TXd49*****g65**

§115.622.  Performance Standards and Testing Requirements.
As adopted by TCEQ October 27, 2004 effective November 18, 2004 (5-77).
Approved by EPA February 10, 2005 (70 FR 07041) effective April 11, 2005 (TXd49).

     Except as provided in §115.627 of this title (relating to Exemptions), no person shall sell, supply, offer for sale, distribute, or manufacture any portable fuel container or portable fuel container spout which was manufactured on or after December 31, 2005, that does not comply with the following performance standards.

          (1)  Portable fuel containers must have only one opening in the vessel.

          (2)  Portable fuel container spouts must:

               (A)  contain an automatic shutoff device that stops the flow of fuel before the target fuel tank overflows, in accordance with California Air Resources Board (CARB) Test Method 510 (July 6, 2000);

               (B)  automatically close and seal when removed from the target fuel tank, and remain completely closed when not dispensing fuel, in accordance with CARB Test Method 511 (July 6, 2000);

               (C)  seal without leakage to the portable fuel container to which it is affixed;

               (D)  provide a fuel flow rate, in accordance with CARB Test Method 512 (July 6, 2000), of not less than:

                    (i)  1/2 gallon per minute when attached to a portable fuel container with a nominal capacity of 1.5 gallons or less;

                    (ii)  one gallon per minute when attached to a portable fuel container with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons; or

                    (iii)  two gallons per minute when attached to a portable fuel container with a nominal capacity of greater than 2.5 gallons; and

               (E)  cut off fuel flow when the fuel level in the target fuel tank reaches:

                    (i)  one inch from the top of a target fuel tank with a nominal capacity of 1.5 gallons or less; or

                    (ii)  1.25 inches from the top of a target fuel tank with a nominal capacity greater than 1.5 gallons.

Adopted October 27, 2004, effective November 18, 2004
*****end tx 115.622*****5-77*****EPA-R06-OAR-2005-TX-0001*****TXd49*****g65**

§115.626.  Labeling.
As adopted by TCEQ October 27, 2004 effective November 18, 2004 (5-77).
Approved by EPA February 10, 2005 (70 FR 07041) effective April 11, 2005 (TXd49).

     Portable fuel containers and portable fuel container spouts subject to the requirements of §115.622 of this title (relating to Performance Standards and Testing Requirements) must be labeled so as to indicate compliance with the requirements of §115.622 of this title.  The label must also list the date the device was manufactured and must prominently include the word “spill-proof.”  The label must also specify with which portable fuel containers the portable fuel container spout must be used.

     These labeling requirements are in addition to any other federal or state labeling requirements that apply to portable fuel containers.

Adopted October 27, 2004, effective November 18, 2004
*****end tx 115.626*****5-77*****EPA-R06-OAR-2005-TX-0001*****TXd49*****g65**

§115.627.  Exemptions.
As adopted by TCEQ October 27, 2004 effective November 18, 2004 (5-77).
Approved by EPA February 10, 2005 (70 FR 07041) effective April 11, 2005 (TXd49).

     This division (relating to Portable Fuel Containers) does not apply to:

          (1)  portable fuel containers or portable fuel container spouts manufactured prior to December 31, 2005;

          (2)  portable fuel containers with a nominal capacity less than or equal to one quart, or greater than ten gallons;

          (3)  portable fuel containers or portable fuel container spouts that are sold, supplied, or offered for sale outside of Texas;

          (4)  portable fuel containers and portable fuel container spouts used in officially sanctioned racing competitions when the minimum flow rates provided in §115.622(2)(D) of this title (relating to Performance Standards and Testing Requirements) would interfere with the competition by requiring too long to refuel vehicles during the race, if both the portable fuel container spout and the receiving tank have compatible spill-proof mechanisms to avoid spills when transferring fuel;

          (5)  safety cans when their use is required by the federal Occupational Safety and Health Administration under 29 Code of Federal Regulations §1926.155(l); and

          (6)  containers that are filled with fuel by the manufacturer prior to sale to consumers and that are not intended for reuse as portable fuel containers.

Adopted October 27, 2004, effective November 18, 2004
*****end tx 115.627*****5-77*****EPA-R06-OAR-2005-TX-0001*****TXd49*****g65**

§115.629.  Affected Counties and Compliance Schedules.
As adopted by TCEQ October 27, 2004 effective November 18, 2004 (5-77).
Approved by EPA February 10, 2005 (70 FR 07041) effective April 11, 2005 (TXd49).

     All affected persons in all counties within the State of Texas shall be in compliance with the provisions of this division as soon as practicable, but no later than December 31, 2005.

Adopted October 27, 2004, effective November 18, 2004
*****end tx 115.629*****5-77*****EPA-R06-OAR-2005-TX-0001*****TXd49*****g65**
***************** end tx chapter 115 subchapter g division 2 ***********g65**