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Adopted Part 239 - Portable Fuel Container Spillage Control, and Part 200 - General Provisions

The Department has revised 6 NYCRR Part 239, the Portable Fuel Container Spillage Control regulation. As part of this rulemaking, the Department amended Part 200 to update cross references in section 200.9, Referenced Material. The revisions will require portable fuel containers distributed in the State of New York, to comply with the requirements outlined in the federal portable fuel container rule, 40 CFR Part 59.

The revisions, scheduled to become effective July 30, 2009, will reduce the maximum emission rate to 0.3 grams per gallon per day and allow more flexibility in the design of portable fuel containers. Furthermore, the revisions are consistent with 40 CFR Part 59, which became effective January 1, 2009.

On March 12, 2008 the EPA lowered the ozone NAAQS to 0.075 ppm. Implementation of the revisions to Part 239 will work in concert with other measures undertaken by New York State and is anticipated to lower the levels of ozone. Elevated ambient ozone levels are associated with negative public health and welfare effects. The Department anticipates that efforts to lower ozone levels, such as the revisions to Part 239, will result in a decrease in these negative effects.


More about Adopted Part 239 - Portable Fuel Container Spillage Control, and Part 200 - General Provisions:

  • Page applies to all NYS regions
  • Contact for this Page:
  • NYSDEC
    Division of Air Resources
    Part 239
    625 Broadway
    Albany, NY 12233-3250
    518-402-8451
    email us