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Subpart 239-2: Definitions

(Statutory authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0305, 71-2103, 71-2105)

[Filed 06/30/09. Effective 30 days after filing.]

[This is page 1 of 1 of this Subpart. A complete list of Subparts in this regulation appears in the Chapter 3 contents page. A list of sections in this Subpart appears below.]

For administrative information about this posting, contact: Division of Air Resources. The Bureau of Air Quality Planning at (518) 402-8396 is the contact for technical questions pertaining to this rule.

Contents:

Sec.

§239-2.1 Definitions.

For the purpose of this regulation, the following definitions apply:

(a) ASTM means the American Society for Testing and Materials.

(b) Consumer means any person who purchases or otherwise acquires a new portable fuel container or spout or both portable fuel container and spout for personal, family, household, or institutional use. Persons acquiring a portable fuel container or spout or both portable fuel container and spout for resale are not consumers for that product.

(c) Distributor means any person to whom a portable fuel container or spout or both portable fuel container and spout is sold or supplied for the purpose of resale or distribution in commerce. This term does not include manufacturers, retailers, and consumers.

(d) Fuel means all fuels subject to any provision of Part 225-3 of this Title, including gasoline and diesel.

(e) 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.

(f) Manufacturer means any person who imports, manufactures, assembles, produces, packages, repackages, or re-labels a portable fuel container or spout or both portable fuel container and spout.

(g) Nominal capacity means the volume indicated by the manufacturer that represents the maximum recommended filling level.

(h) Outboard 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.

(i) 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.

(j) Person means any individual, public or private corporation, political subdivision, government agency, department or bureau of the State, municipality, industry, co-partnership, association, firm, estate or any legal entity whatsoever.

(k) 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 or offered for sale for receiving, transporting, storing, and dispensing fuel or kerosene.

(l) 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 department.

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

(n) Retail outlet means any establishment at which portable fuel containers, spouts, or both portable fuel containers and spouts are sold, supplied, or offered for sale.

(o) Spill proof spout means any spout that complies with 40 CFR section 59.653 (see Table 1, section 200.9 of this Title).

(p) Spill-proof system means any configuration of portable fuel container and firmly attached spout that complies with 40 CFR section 59.653 (see Table 1, section 200.9 of this Title).

(q) Spout means any device that can be firmly attached to a portable fuel container through which the fuel in such container is dispensed.

(r) Target fuel tank means any receptacle that receives fuel from a portable fuel container.