[Comment: For dates and availability of
non-regulatory government publications, publications of recognized
organizations and associations, federal rules, and federal statutory provisions
referenced in this rule, see paragraph (JJ) of rule
3745-21-01 of the Administrative
Code titled "referenced materials."]
(A) Applicability.
Except as provided in paragraph (C)
of this rule, this rule applies to any person who sells, supplies, offers for
sale, or manufactures for sale in Ohio portable fuel containers or spouts or
both portable fuel containers and spouts for use in Ohio.
Except as provided in paragraph (C)
of this rule, no person shall sell, supply, offer for sale, advertise, or
manufacture for sale in Ohio a portable fuel container or spout or both
portable fuel container or spout on or after July 1, 2007 unless the portable
fuel container or spout or both portable fuel container and
spout:
(1)
Has been certified by the California air resources
board (CARB) pursuant to the certification requirements contained in title 13,
division 3, chapter 9, article 6 of the California Code of Regulations;
"Portable Containers and Spouts;" effective October 11, 2006 and the
manufacturer, supplier, seller or other person has submitted to the director a
copy of the certification document; or
Except
as provided in paragraph (C) of this rule, this rule applies to any person who
sells, supplies, offers for sale, or manufactures for sale in Ohio portable
fuel containers or spouts or both portable fuel containers and spouts for use
in Ohio.
[Comment: Copies of the California
Code of Regulations may be obtained by writing to: "West Customer Service, P.O.
Box 64833, St. Paul, MN 55164-0833" or by calling 1-800-888-3600. The full text
of regulations are also available in electronic format at
http://ccr.oal.ca.gov/.]
(2)
Has been
certified or otherwise approved under requirements and in a manner that the
director of the Ohio EPA determines are as stringent as the California
requirements identified in paragraph (A)(1) of this rule and the manufacturer,
supplier, seller or other person has submitted to the director a copy of such
certification or approval document.
Except as
provided in paragraph (C) of this rule, no person shall sell, supply, offer for
sale, advertise, or manufacture for sale in Ohio a portable fuel container or
spout or both portable fuel container or spout on or after July 1, 2007 unless
the portable fuel container or spout or both portable fuel container and spout
conforms to either of the following:
(a)
Has been certified by the California air resources
board (CARB) pursuant to the certification requirements contained in Title 13,
Division 3, Chapter 9, Article 6 of the California Code of Regulations;
"Portable Containers and Spouts;" and the manufacturer, supplier, seller or
other person has submitted to the director a copy of the certification
document.
(b)
Has been certified or otherwise approved under
requirements and in a manner that the director of the Ohio EPA determines are
as stringent as the California requirements identified in paragraph (A)(2)(a)
of this rule and the manufacturer, supplier, seller or other person has
submitted to the director a copy of such certification or approval
document.
(B) Definitions.
The definitions applicable to this rule are contained in
paragraph (Z) of rule
3745-21-01 of the Administrative
Code.
(C) Exemptions.
This rule does not apply to the
following:
(1) Any portable fuel
container or spout or both portable fuel container and spout manufactured in
Ohio for shipment, sale, and use outside of Ohio.
(2) Safety cans meeting the requirements of
29 CFR Part
part 1926,
Subpart
subpart F;
"Fire
Protection and Prevention
protection and prevention
;"
as published in the
July 1, 2006 edition of the Code of Federal Regulations.
[Comment: Information and copies of
the Code of Federal Regulations (CFR) may be obtained by writing to:
"Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA
15250-7954." The full text of the CFR is also available in electronic format at
www.access.gpo.gov/nara/cfr/. The CFR compilations are also available for
inspection and copying at most public libraries and "The State Library of
Ohio."]
(3)
Portable fuel containers with a nominal capacity less than or equal to one
quart.
(4) Rapid refueling devices
with nominal capacities greater than or equal to four gallons, provided such
devices are designed for use in officially sanctioned off-highway motor sports
such as car racing or motorcycle competitions and either create a leak-proof
seal against a stock target fuel tank or are designed to operate in conjunction
with a receiver permanently installed on the target fuel tank.
(5) Portable fuel tanks manufactured
specifically to deliver fuel through a hose attached between the portable fuel
tank and the outboard engine for the purpose of operating the outboard
engine.
(6) Closed-system portable
fuel containers that are used exclusively for fueling remote control model
airplanes.
(7) Portable fuel
containers or portable fuel container spouts manufactured prior to July 1,
2007.
Notes
Ohio Admin. Code 3745-21-17
Five Year Review (FYR) Dates:
11/29/2021 and
11/29/2026
Promulgated
Under: 119.03
Statutory
Authority: 3704.03(E)
Rule Amplifies:
3704.03(A),
3704.03(E)
Prior Effective Dates: 02/10/2006, 06/21/2007,
10/15/2015
Effective: 10/15/2015
Five Year
Review (FYR) Dates: 07/13/2015 and
07/13/2020
Promulgated
Under: 119.03
Statutory Authority: 3704.03(E)
Rule
Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 2/10/2006,
6/21/2007
