[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR59.605]

[Page 335]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 59_NATIONAL VOLATILE ORGANIC COMPOUND EMISSION STANDARDS FOR CONSUMER AND 
 
Subpart F_Control of Evaporative Emissions From New and In-Use Portable 
 
Sec. 59.605  What portable fuel containers are excluded from this subpart's 

requirements?

    This section describes exclusions that apply to certain portable 
fuel containers. The prohibitions and requirements of this subpart do 
not apply for containers excluded under this section. Exclusions under 
this section are based on inherent characteristics of the containers. 
See Sec. 59.660 for exemptions that apply based on special 
circumstances.
    (a) Containers approved as safety cans consistent with the 
requirements of 29 CFR 1926.150 through 1926.152 are excluded. Such cans 
generally have a flash-arresting screens, spring-closing lids and spout 
covers and have been approved by a nationally recognized testing 
laboratory such as Factory Mutual Engineering Corp. or Underwriters 
Laboratories, Inc., or Federal agencies such as Bureau of Mines, or U.S. 
Coast Guard.
    (b) Containers with a nominal capacity of less than 0.25 gallons or 
more than 10.0 gallons are excluded.
    (c) Containers designed and marketed solely to deliver fuel directly 
to nonroad engines during engine operation, such as containers with a 
connection for a fuel line and a reserve fuel area, are considered to be 
nonroad fuel tanks, and are thus excluded.