1.1                          A bill for an act 
  1.2             relating to commerce; providing for portable fuel 
  1.3             container spillage control; proposing coding for new 
  1.4             law in Minnesota Statutes, chapter 325E. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [325E.081] [APPLICABILITY.] 
  1.7      Except as provided in section 325E.084, sections 325E.081 
  1.8   to 325E.088 apply to any person who sells, supplies, offers for 
  1.9   sale, or manufactures for sale in the state a portable fuel 
  1.10  container or spout or both portable fuel container and spout for 
  1.11  use in the state. 
  1.12     Sec. 2.  [325E.082] [DEFINITIONS.] 
  1.13     Subdivision 1.  [SCOPE.] For the purpose of sections 
  1.14  325E.081 to 325E.088, the definitions in subdivisions 2 to 20 
  1.15  have the meanings given them. 
  1.16     Subd. 2.  [AGENCY.] "Agency" means the Minnesota pollution 
  1.17  control agency. 
  1.18     Subd. 3.  [ASTM.] "ASTM" means the American Society for 
  1.19  Testing and Materials. 
  1.20     Subd. 4.  [CONSUMER.] "Consumer" means any person who 
  1.21  purchases or otherwise acquires a new portable fuel container or 
  1.22  spout or both portable fuel container and spout for personal, 
  1.23  family, household, or institutional use.  Persons acquiring a 
  1.24  portable fuel container or spout or both portable fuel container 
  1.25  and spout for resale are not consumers for that product. 
  2.1      Subd. 5.  [DISTRIBUTOR.] "Distributor" means any person to 
  2.2   whom a portable fuel container or spout or both portable fuel 
  2.3   container and spout is sold or supplied for the purpose of 
  2.4   resale or distribution in commerce.  This term does not include 
  2.5   manufacturers, retailers, and consumers. 
  2.6      Subd. 6.  [FUEL.] "Fuel" means all of the petroleum 
  2.7   products defined in section 296A.01, subdivisions 2, 7, 8, 10, 
  2.8   14, 16, 19, 20, 22 to 26, 28, 32, and 35. 
  2.9      Subd. 7.  [MANUFACTURER.] "Manufacturer" means any person 
  2.10  who imports, manufactures, assembles, produces, packages, 
  2.11  repackages, or relabels a portable fuel container or spout or 
  2.12  both portable fuel container and spout. 
  2.13     Subd. 8.  [NOMINAL CAPACITY.] "Nominal capacity" means the 
  2.14  volume indicated by the manufacturer that represents the maximum 
  2.15  recommended filling level. 
  2.16     Subd. 9.  [OUTBOARD ENGINE.] "Outboard engine" means a 
  2.17  spark-ignition marine engine that, when properly mounted on a 
  2.18  marine watercraft in the position to operate, houses the engine 
  2.19  and drive unit external to the hull of the marine watercraft. 
  2.20     Subd. 10.  [PERMEATION.] "Permeation" means the process by 
  2.21  which individual fuel molecules may penetrate the walls and 
  2.22  various assembly components of a portable fuel container 
  2.23  directly to the outside ambient air. 
  2.24     Subd. 11.  [PERSON.] "Person" means any individual, public 
  2.25  or private corporation, political subdivision, government 
  2.26  agency, department or bureau of the state, municipality, 
  2.27  industry, copartnership, association, firm, estate, or any legal 
  2.28  entity whatsoever. 
  2.29     Subd. 12.  [PORTABLE FUEL CONTAINER.] "Portable fuel 
  2.30  container" means any container or vessel with a nominal capacity 
  2.31  of ten gallons or less intended for reuse that is designed or 
  2.32  used primarily for receiving, transporting, storing, and 
  2.33  dispensing fuel. 
  2.34     Subd. 13.  [PRODUCT CATEGORY.] "Product category" means the 
  2.35  applicable category that best describes the product with respect 
  2.36  to its nominal capacity, material construction, fuel flow rate, 
  3.1   and permeation rate, as applicable, as determined by the state. 
  3.2      Subd. 14.  [RETAILER.] "Retailer" means any person who 
  3.3   owns, leases, operates, controls, or supervises a retail outlet. 
  3.4      Subd. 15.  [RETAIL OUTLET.] "Retail outlet" means any 
  3.5   establishment at which portable fuel containers or spouts or 
  3.6   both portable fuel containers and spouts are sold, supplied, or 
  3.7   offered for sale. 
  3.8      Subd. 16.  [SPILL-PROOF SPOUT.] "Spill-proof spout" means 
  3.9   any spout that complies with all of the performance standards 
  3.10  specified in section 325E.083. 
  3.11     Subd. 17.  [SPILL-PROOF SYSTEM.] "Spill-proof system" means 
  3.12  any configuration of portable fuel container and firmly attached 
  3.13  spout that complies with all of the performance standards in 
  3.14  section 325E.083. 
  3.15     Subd. 18.  [SPOUT.] "Spout" means any device that can be 
  3.16  firmly attached to a portable fuel container for conducting 
  3.17  pouring through which the contents of a portable fuel container 
  3.18  can be dispensed. 
  3.19     Subd. 19.  [TARGET FUEL TANK.] "Target fuel tank" means any 
  3.20  receptacle that receives fuel from a portable fuel container. 
  3.21     Subd. 20.  [VOLATILE ORGANIC COMPOUND OR VOC.] (a) 
  3.22  "Volatile organic compound" or "VOC" means any compound 
  3.23  containing at least one atom of carbon, excluding carbon 
  3.24  monoxide, carbon dioxide, carbonic acid, metallic carbides or 
  3.25  carbonates, and ammonium carbonate, and excluding the following: 
  3.26     (1) methane; 
  3.27     (2) methylene chloride (dichloromethane); 
  3.28     (3) 1,1,1-trichloroethane (methyl chloroform); 
  3.29     (4) trichlorofluoromethane (CFC-11); 
  3.30     (5) dichlorodifluoromethane (CFC-12); 
  3.31     (6) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); 
  3.32     (7) 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114); 
  3.33     (8) chloropentafluoroethane (CFC-115); 
  3.34     (9) chlorodifluoromethane (HCFC-22); 
  3.35     (10) 1, 1,1-trifluoro-2,2-dichloroethane (HCFC-123); 
  3.36     (11) 1,1-dichloro-1-fluoroethane (HCFC-141b); 
  4.1      (12) 1-chloro-1,1-difluoroethane (HCFC-142b); 
  4.2      (13) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 
  4.3      (14) trifluoromethane (HFC-23); 
  4.4      (15) 1,1,2,2-tetrafluoroethane (HFC-134); 
  4.5      (16) 1,1,1,2-tetrafluoroethane (HFC-134a); 
  4.6      (17) pentafluoroethane (HFC-125); 
  4.7      (18) 1,1,1-trifluoroethane (HFC-143a); 
  4.8      (19) 1,1-difluoroethane (HFC-152a); 
  4.9      (20) cyclic, branched, or linear completely methylated 
  4.10  siloxanes, the following classes of perfluorocarbons: 
  4.11     (i) cyclic, branched, or linear, completely fluorinated 
  4.12  alkanes; 
  4.13     (ii) cyclic, branched, or linear, completely fluorinated 
  4.14  ethers with no unsaturations; 
  4.15     (iii) cyclic, branched, or linear, completely fluorinated 
  4.16  tertiary amines with no unsaturations; and 
  4.17     (iv) sulfur-containing perfluorocarbons with no 
  4.18  unsaturations and with the sulfur bonds to carbon and fluorine. 
  4.19     (b) VOC compounds also exclude the following low-reactive 
  4.20  organic compounds which have been exempted by the United States 
  4.21  Environmental Protection Agency: 
  4.22     (1) acetone; 
  4.23     (2) ethane; 
  4.24     (3) methyl acetate; 
  4.25     (4) parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl 
  4.26  benzene); and 
  4.27     (5) perchloroethylene (tetrachloroethylene). 
  4.28     Sec. 3.  [325E.083] [PERFORMANCE STANDARDS FOR PORTABLE 
  4.29  FUEL CONTAINERS AND SPILL-PROOF SPOUTS.] 
  4.30     Subdivision 1.  [CONTAINER STANDARDS.] Except as provided 
  4.31  in section 325E.084, no person shall sell, supply, offer for 
  4.32  sale, or manufacture for sale in the state on or after July 1, 
  4.33  2004, any portable fuel container or any portable fuel container 
  4.34  and spout which, at the time of sale or manufacture, does not 
  4.35  meet all of the following performance standards for spill-proof 
  4.36  systems: 
  5.1      (1) has an automatic shut-off that stops the fuel flow 
  5.2   before the target fuel tank overflows; 
  5.3      (2) automatically closes and seals when removed from the 
  5.4   target fuel tank and remains completely closed when not 
  5.5   dispensing fuel; 
  5.6      (3) has only one opening for both filling and pouring; 
  5.7      (4) provides a fuel flow rate and fill level of: 
  5.8      (i) not less than one-half gallon per minute for portable 
  5.9   fuel containers with a nominal capacity of: 
  5.10     (A) less than or equal to 1.5 gallons and fills to a level 
  5.11  less than or equal to one inch below the top of the target fuel 
  5.12  tank opening; or 
  5.13     (B) greater than 1.5 gallons but less than or equal to 2.5 
  5.14  gallons and fills to a level less than or equal to one inch 
  5.15  below the top of the target fuel tank opening if the spill-proof 
  5.16  system clearly displays the phrase "Low Flow Rate" in type of 34 
  5.17  point or greater on each spill-proof system or label affixed 
  5.18  thereto, and on the accompanying package, if any; 
  5.19     (ii) not less than one gallon per minute for portable fuel 
  5.20  containers with a nominal capacity greater than 1.5 gallons but 
  5.21  less than or equal to 2.5 gallons and fills to a level less than 
  5.22  or equal to 1.25 inches below the top of the target fuel tank 
  5.23  opening; or 
  5.24     (iii) not less than two gallons per minute for portable 
  5.25  fuel containers with a nominal capacity greater than 2.5 
  5.26  gallons; 
  5.27     (5) does not exceed a permeation rate of 0.4 grams per 
  5.28  gallon per day; and 
  5.29     (6) is warranted by the manufacturer for a period of not 
  5.30  less than one year against defects in materials and workmanship. 
  5.31     Subd. 2.  [SPOUT STANDARDS.] Except as provided in section 
  5.32  325E.084, no person shall sell, supply, offer for sale, or 
  5.33  manufacture for sale in the state on or after July 1, 2004, any 
  5.34  spout which, at the time of sale or manufacture, does not meet 
  5.35  all of the following performance standards for spill-proof 
  5.36  spouts: 
  6.1      (1) has an automatic shut-off that stops the fuel flow 
  6.2   before the target fuel tank overflows; 
  6.3      (2) automatically closes and seals when removed from the 
  6.4   target fuel tank and remains completely closed when not 
  6.5   dispensing fuel; 
  6.6      (3) provides a fuel flow rate and fill level of: 
  6.7      (i) not less than one-half gallon per minute for portable 
  6.8   fuel containers with a nominal capacity of: 
  6.9      (A) less than or equal to 1.5 gallons and fills to a level 
  6.10  less than or equal to one inch below the top of the target fuel 
  6.11  tank opening; or 
  6.12     (B) greater than 1.5 gallons but less than or equal to 2.5 
  6.13  gallons and fills to a level less than or equal to one inch 
  6.14  below the top of the target fuel tank opening if the spill-proof 
  6.15  spout clearly displays the phrase "Low Flow Rate" in type of 34 
  6.16  point or greater on the accompanying package, or for spill-proof 
  6.17  spouts sold without packaging, on either the spout or a label 
  6.18  affixed to it; 
  6.19     (ii) not less than one gallon per minute for portable fuel 
  6.20  containers with a nominal capacity greater than 1.5 gallons but 
  6.21  less than or equal to 2.5 gallons and fills to a level less than 
  6.22  or equal to 1.25 inches below the top of the target fuel tank 
  6.23  opening; or 
  6.24     (iii) not less than two gallons per minute for portable 
  6.25  fuel containers with a nominal capacity greater than 2.5 
  6.26  gallons; 
  6.27     (4) is warranted by the manufacturer for a period of not 
  6.28  less than one year against defects in materials and workmanship. 
  6.29     Subd. 3.  [COMPLIANCE TESTS.] The test procedures for 
  6.30  determining compliance with the performance standards in this 
  6.31  section are established pursuant to section 325E.088.  The 
  6.32  manufacturer of portable fuel containers or spouts or both 
  6.33  portable fuel containers and spouts must perform the tests for 
  6.34  determining compliance as established pursuant to section 
  6.35  325E.088 to show that their product meets the performance 
  6.36  standards of this section prior to allowing the product to be 
  7.1   offered for sale in the state.  The manufacturer must maintain 
  7.2   records of these compliance tests for as long as the product is 
  7.3   available for sale in the state and make those test results 
  7.4   available to the state within 60 days of the request. 
  7.5      Subd. 4.  [EFFECT OF COMPLIANCE.] Compliance with the 
  7.6   performance standards in this section does not exempt 
  7.7   spill-proof systems or spill-proof spouts from compliance with 
  7.8   other applicable federal and state statutes and regulations such 
  7.9   as state fire codes, safety codes, and other safety regulations. 
  7.10     Subd. 5.  [NONCONFORMING PRODUCTS.] Notwithstanding the 
  7.11  provisions of subdivisions 1 and 2, a portable fuel container or 
  7.12  spout or both portable fuel container and spout manufactured 
  7.13  before July 1, 2004, may be sold, supplied, or offered for sale 
  7.14  until July 1, 2005, if the date of manufacture or a date code 
  7.15  representing the date of manufacture is clearly displayed on the 
  7.16  portable fuel container or spout. 
  7.17     Sec. 4.  [325E.084] [EXEMPTIONS.] 
  7.18     (a) Sections 325E.081 to 325E.088 do not apply to any 
  7.19  portable fuel container or spout or both portable fuel container 
  7.20  and spout manufactured in the state for shipment, sale, and use 
  7.21  outside of the state. 
  7.22     (b) Sections 325E.081 to 325E.088 do not apply to a 
  7.23  manufacturer or distributor who sells, supplies, or offers for 
  7.24  sale in the state a portable fuel container or spout or both 
  7.25  portable fuel container and spout that does not comply with the 
  7.26  performance standards specified in section 325E.083, as long as 
  7.27  the manufacturer or distributor can demonstrate that: 
  7.28     (1) the portable fuel container or spout or both portable 
  7.29  fuel container and spout is intended for shipment and use 
  7.30  outside of the state; and 
  7.31     (2) that the manufacturer or distributor has taken 
  7.32  reasonable prudent precautions to assure that the portable fuel 
  7.33  container or spout or both portable fuel container and spout is 
  7.34  not distributed to the state. 
  7.35     (c) Paragraph (b) does not apply to portable fuel 
  7.36  containers or spouts or both portable fuel containers and spouts 
  8.1   that are sold, supplied, or offered for sale by any person to 
  8.2   retail outlets in the state. 
  8.3      (d) Sections 325E.081 to 325E.088 do not apply to safety 
  8.4   cans meeting the requirements of Code of Federal Regulations, 
  8.5   title 29, chapter 17, part 1926, subpart F. 
  8.6      (e) Sections 325E.081 to 325E.088 do not apply to portable 
  8.7   fuel containers with the nominal capacity less than or equal to 
  8.8   one quart. 
  8.9      (f) Sections 325E.081 to 325E.088 do not apply to rapid 
  8.10  refueling devices with nominal capacities greater than or equal 
  8.11  to four gallons, provided such devices are designed for use in 
  8.12  officially sanctioned off-highway motorcycle competitions or 
  8.13  either create a leak-proof seal against a stock target fuel tank 
  8.14  or are designed to operate in conjunction with a receiver 
  8.15  permanently installed on the target fuel tank. 
  8.16     (g) Sections 325E.081 to 325E.088 do not apply to portable 
  8.17  fuel tanks manufactured specifically to deliver fuel through a 
  8.18  hose attached between the portable fuel tank and the outboard 
  8.19  engine for the purpose of operating the outboard engine. 
  8.20     Sec. 5.  [325E.085] [INNOVATIVE PRODUCTS.] 
  8.21     (a) The agency may exempt a portable fuel container or 
  8.22  spout or both portable fuel container and spout from one or more 
  8.23  of the requirements of section 325E.083 if a manufacturer 
  8.24  demonstrates by clear and convincing evidence that, due to the 
  8.25  product's design, delivery system, or other factors, the use of 
  8.26  the product will result in cumulative volatile organic compound 
  8.27  emissions below the highest emitting representative spill-proof 
  8.28  system or representative spill-proof spout in its product 
  8.29  category as determined from applicable testing. 
  8.30     (b) For the purposes of this section, "representative 
  8.31  spill-proof system" or a "representative spill-proof spout" 
  8.32  means a portable fuel container or spout or both portable fuel 
  8.33  container and spout which, at the time of application in 
  8.34  paragraph (c), meets the performance standards specified in 
  8.35  section 325E.083. 
  8.36     (c) An applicant manufacturer must apply in writing to the 
  9.1   agency for an innovative product exemption claimed under 
  9.2   paragraph (a).  The application must include the supporting 
  9.3   documentation that quantifies the emissions from the innovative 
  9.4   product, including the actual physical test methods used to 
  9.5   generate the data.  In addition, the applicant must provide any 
  9.6   information necessary to enable the agency to establish 
  9.7   enforceable conditions for granting the exemption.  All 
  9.8   information, including proprietary data submitted by a 
  9.9   manufacturer under this section, is nonpublic data for purposes 
  9.10  of chapter 13. 
  9.11     (d) Within 30 days of receipt of the exemption application, 
  9.12  the agency shall determine whether an application is complete. 
  9.13     (e) Within 90 days after an application has been deemed 
  9.14  complete, the agency will determine the conditions under which 
  9.15  an exemption from the requirements of section 325E.083 will be 
  9.16  permitted.  The applicant and the agency may mutually agree to a 
  9.17  longer time period for reaching a decision.  An applicant may 
  9.18  submit additional supporting documentation before a decision has 
  9.19  been reached.  The agency will notify the applicant of the 
  9.20  decision in writing and specify such terms and conditions that 
  9.21  are necessary to ensure that emissions from use of the product 
  9.22  will meet the emissions reductions specified in paragraph (a), 
  9.23  and that such emissions reductions can be enforced. 
  9.24     (f) In granting an innovative product exemption for a 
  9.25  portable fuel container or spout or both portable fuel container 
  9.26  and spout, the agency shall specify the test methods for 
  9.27  determining conformance to the conditions established.  The test 
  9.28  methods may include criteria for reproducibility, accuracy, and 
  9.29  sampling and laboratory procedures. 
  9.30     (g) For any portable fuel container or spout or both 
  9.31  portable fuel container and spout for which an innovative 
  9.32  product exemption has been granted under this section, the 
  9.33  manufacturer shall notify the agency in writing at least 30 days 
  9.34  before the manufacturer changes a product's design, delivery 
  9.35  system, or other factors that may effect the volatile organic 
  9.36  compound emissions during recommended usage.  The manufacturer 
 10.1   must also notify the agency within 30 days after the 
 10.2   manufacturer learns of any information that would alter the 
 10.3   emissions estimates submitted to the agency in support of the 
 10.4   exemption application. 
 10.5      (h) If the performance standards specified in section 
 10.6   325E.08 are amended for a product category, all innovative 
 10.7   product exemptions granted for products in the product category, 
 10.8   except as provided in paragraph (i), have no force and effect as 
 10.9   of the effective date of the amended performance standards. 
 10.10     (i) If the agency believes that a portable fuel container 
 10.11  or spout or both portable fuel container and spout for which an 
 10.12  exemption has been granted no longer meets the criteria for an 
 10.13  innovative product specified in paragraph (a), the agency may 
 10.14  hold a contested case hearing under chapter 14, to determine if 
 10.15  the exemption should be modified or revoked. 
 10.16     Sec. 6.  [325E.086] [ADMINISTRATIVE REQUIREMENTS.] 
 10.17     (a) Each manufacturer of a portable fuel container or 
 10.18  portable fuel container and spout subject to and complying with 
 10.19  section 325E.083 must clearly display on each spill-proof system:
 10.20     (1) the phrase "spill-proof system"; 
 10.21     (2) a date of manufacture or representative date; and 
 10.22     (3) a representative code identifying the portable fuel 
 10.23  container or portable fuel container and spout as subject to and 
 10.24  complying with section 325E.083. 
 10.25     (b) Each manufacturer of a spout subject to and complying 
 10.26  with section 325E.083 must clearly display on the accompanying 
 10.27  package, or for spill-proof spouts sold without packaging, on 
 10.28  either the spill-proof spout or a label affixed thereto: 
 10.29     (1) the phrase "spill-proof spout"; 
 10.30     (2) a date of manufacture or representative date; and 
 10.31     (3) a representative code identifying the spout as subject 
 10.32  to and complying with section 325E.083. 
 10.33     (c) Each manufacturer subject to paragraph (a) or (b) must 
 10.34  file an explanation of both the date code and representative 
 10.35  code with the agency no later than the later of three months 
 10.36  after the effective date of sections 325E.081 to 325E.088 or 
 11.1   within three months of production, and within three months after 
 11.2   any change in coding. 
 11.3      (d) Each manufacturer subject to paragraph (a) or (b) must 
 11.4   clearly display a fuel flow rate on each spill-proof system or 
 11.5   spill-proof spout, or label affixed thereto, and on any 
 11.6   accompanying package. 
 11.7      (e) Each manufacturer of a spout subject to paragraph (b) 
 11.8   must clearly display the make, model number, and size of only 
 11.9   those portable fuel containers the spout is designed to 
 11.10  accommodate and can demonstrate compliance with section 325E.083 
 11.11  on the accompanying package, or for spill-proof spouts sold 
 11.12  without packaging, on either the spill-proof spout, or a label 
 11.13  affixed thereto. 
 11.14     (f) Manufacturers of portable fuel containers or portable 
 11.15  fuel containers and spouts not subject to or not in compliance 
 11.16  with section 325E.083 may not display the phrase "spill-proof 
 11.17  system" or "spill-proof spout" on the portable fuel container or 
 11.18  spout, respectively, on any sticker or label affixed thereto, or 
 11.19  on any accompanying package. 
 11.20     (g) Each manufacturer of a portable fuel container or spout 
 11.21  or both portable fuel container and spout subject to and 
 11.22  complying with section 325E.083 that, due to its design or other 
 11.23  features, cannot be used to refuel one or more on-road motor 
 11.24  vehicles, must clearly display the phrase "not intended for 
 11.25  refueling on-road motor vehicles" in type of 34 point or greater 
 11.26  on each of the following: 
 11.27     (1) for a portable fuel container or portable fuel 
 11.28  container and spout sold together as a spill-proof system, on 
 11.29  the system or on a label affixed thereto, and on the 
 11.30  accompanying package, if any; and 
 11.31     (2) for a spill-proof spout sold separately from a 
 11.32  spill-proof system, on either the spill-proof spout, or a label 
 11.33  affixed thereto, and on the accompanying package, if any. 
 11.34     Sec. 7.  [325E.087] [VARIANCES.] 
 11.35     (a) Any person or manufacturer who cannot comply with the 
 11.36  requirements set forth in section 352E.083, due to extraordinary 
 12.1   reasons beyond the person's reasonable control, may apply in 
 12.2   writing to the agency for a variance.  The variance application 
 12.3   must set forth: 
 12.4      (1) the specific grounds upon which the variance is sought; 
 12.5      (2) the proposed date by which compliance with the 
 12.6   provisions of section 325E.083 will be achieved; and 
 12.7      (3) a compliance report detailing the methods by which 
 12.8   compliance will be achieved. 
 12.9      (b) No variance may be granted unless all of the following 
 12.10  findings are made: 
 12.11     (1) that, due to reasons beyond the reasonable control of 
 12.12  the applicant, required compliance with section 325E.083 would 
 12.13  result in extraordinary economic hardship; 
 12.14     (2) that the public interest in mitigating the 
 12.15  extraordinary hardship to the applicant by issuing the variance 
 12.16  outweighs the public interest in avoiding any increased 
 12.17  emissions of air contaminants that would result from issuing the 
 12.18  variance; and 
 12.19     (3) that the compliance report proposed by the applicant 
 12.20  can reasonably be implemented and will achieve compliance as 
 12.21  expeditiously as possible. 
 12.22     (c) Any approval of a variance shall specify a final 
 12.23  compliance date by which compliance with the requirements of 
 12.24  section 325E.083 will be achieved.  Any approval of a variance 
 12.25  shall contain a condition that specifies increments of progress 
 12.26  necessary to assure timely compliance, and such other conditions 
 12.27  that the state, in consideration of the testimony received at 
 12.28  the hearing, finds necessary to carry out the purposes of this 
 12.29  regulation. 
 12.30     (d) A variance shall cease to be effective upon failure of 
 12.31  the party to whom the variance was granted to comply with any 
 12.32  term or condition of the variance. 
 12.33     (e) Upon the application of any person, the agency may 
 12.34  review, and for good cause, modify or revoke a variance from 
 12.35  requirements of section 325E.083 after holding a public hearing 
 12.36  in accordance with the provisions of paragraph (c). 
 13.1      Sec. 8.  [325E.088] [TEST PROCEDURES.] 
 13.2      (a) Testing to determine compliance with section 325E.083 
 13.3   shall be performed by using test procedures established by the 
 13.4   agency. 
 13.5      (b) Alternative methods that are shown to be accurate, 
 13.6   precise, and appropriate may be used upon written approval of 
 13.7   the agency.