Section 20-757. PORTABLE FUEL CONTAINERS AND SPOUTS – INNOVATIVE PRODUCT EXEMPTION

 

757.1Portable fuel containers, spouts, or combination portable fuel containers and spouts which have been granted an innovative product exemption by the CARB, shall be exempt from the requirements in §752 for the period of time that the CARB Innovative Products exemption remains in effect.

 

757.2Any manufacturer claiming an exemption on the CARB Innovative Products basis shall submit to the Department, a copy of the CARB exemption decision, including but not limited to, the executive order and all conditions established by CARB applicable to the exemption.

 

757.3 The District may exempt a portable fuel container or spout from one (1) or more of the requirements of § 752 if a manufacturer demonstrates 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 product category as determined from applicable testing.

 

757.4For the purposes of this section, a “representative spill-proof system” or a “representative spill-proof spout” means a portable fuel container, spout, or combination portable fuel container and spout which, at the time of exemption, meets the performance standards specified in § 752 or the Certification Requirements Specified in “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts,” adopted by CARB July 26, 2006, including any subsequent amendments.

 

757.5 A manufacturer shall submit an application in writing to the Department for an innovative product exemption according to the following requirements:

 

(a)The application must include the supporting documentation that quantifies the emissions from the innovative product, including the actual physical test methods used to generate the data;

 

(b)The applicant must provide any information necessary to enable the Department to establish enforceable conditions for granting the exemption; and

 

(c)All information including proprietary data submitted by a manufacturer    pursuant to this section shall be handled in accordance with the District of    Columbia confidentiality requirements in 20 DCMR § 106.

 

757.6 Within thirty (30) days of receipt of the exemption application, the Department shall notify the applicant in writing either that the application is complete or that additional information or testing is required before it can be deemed complete;

 

757.7 Within ninety (90) days after an application has been deemed complete, the Department will determine whether, under what conditions, and to what extent, an exemption from the requirements of § 752 will be permitted:

 

(a)The applicant and the Department may mutually agree to a longer time period for reaching a decision;

 

(b)An applicant may submit additional supporting documentation before a decision has been reached; and

 

(c)The Department shall notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that emissions from use of the product will meet the performance standards specified in § 752, and that such emissions reductions can be enforced.

 

757.8 In granting an innovative product exemption for a portable fuel container or spout, the Department shall specify the test methods for determining conformance to the conditions established, which may include criteria for reproducibility, accuracy, and sampling and laboratory procedures.

 

757.9 For any portable fuel container or spout for which an innovative product exemption has been granted pursuant to this section, the manufacturer shall notify the Department in writing at least thirty (30) days before the manufacturer changes a product’s design, delivery system, or other factors that may affect the VOC emissions during recommended usage; the manufacturer shall notify the Department within thirty (30) days after the manufacturer learns of any information that would alter the emissions estimates submitted to the Department in support of the exemption application.

 

757.10 If the Performance Standards specified in § 752 are amended for a product category, all innovative product exemptions granted for products in the product category, except as provided in § 757.11, have no effect as of the effective date of the amended performance standards.

 

757.11 If the Department believes that a portable fuel container or spout for which an exemption has been granted no longer meets the criteria for an innovative product specified in this section, the Department may hold a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq. (2006 Repl.), before a final determination.

 

authority

The Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165 (DCAPC); D.C. Official Code §§ 8-101.05 and 8-101.06(b)(2008 Repl.)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4)(2008 Repl.)), Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006.

source

Notice of Final Rulemaking published at 58 DCR 11286, 11369 (December 30, 2011).