TECHNICAL SUPPORT DOCUMENT

COMAR 26.11.13.07

CONTROL OF VOC EMISSIONS FROM

PORTABLE FUEL CONTAINERS

Background and Purpose

Portable fuel containers are used to refuel a wide range of small off-road equipment such as

Iawnmowers, chainsaws, and engines such as those found on marine pleasurecraft and in

recreational vehicles. In many instances, refueling these pieces of equipment results in gasoline

spillage when the receiving tank is overfilled or from improper handling. As a result, volatile

organic compounds (VOCs) are emitted into the environment. Other contributing sources of

emissions stem from evaporation, refueling spillage, poor transportation and storage procedures,

and permeation of vapors through the portable fuel container itself. This amounts to a significant

amount of VOC emissions per day in the State of Maryland, which contributes to the formation of

ground-level ozone.

The Environmental Protection Agency (EPA) has informed the State of Maryland that its State

Implementation Plan (SIP) does not provide sufficient emission reductions to attain the one-hour

ground-level ozone standard by 2005. In response, the Maryland Department ofthe Environment

along with several northeastern states with the assistance of the Ozone Transport Commission

(OTC) have developed the Portable Fuel Container Spillage Control Rule that is designed to

reduce VOC emissions by addressing these emission shortfalls (approximately 13 tons per day)

and make progress towards reducing ozone levels. The estimated benefits derived from such a rule

would be a reduction of 2 tons per day of VOC in the Baltimore nonattainment area, and 6 tons per

day of VOC in the state of Maryland by the 2005 compliance date set.Affected Sources

The Portable Fuel Container Spillage Control Rule applies to any person or entity who will

sell, supply, offer for sale, or manufacture for sale portable fuel containers andlor spouts on or after

January 1, 2003. Persons who own conventional fuel containers prior to the January 1, 2003

implementation date will not be required to purchase or replace them with newer compliant fuel

containers, nor will the rule make it a crime to continue to use conventional fuel containers.

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• An automatic shut-offto prevent overfill during refueling.• Automatic closing and sealing of the container andlor spout when not dispensing

fuel.

• A fuel flow rate and fill level as specified in the rule (see Table 1.).• Permeation rate of less than or equal to 0.4 grams per gallon per day.• A warranty by the manufacturer as specified in the rule.• Clearly display the date ofthe manufacture and that it is a “Spill-ProofSystem”

The rule also requires manufacturers to perform testing to ensure product compliance,

including automatic shut-off for the spouts, automatic closure test procedures, fuel flow rate, and

permeation rate. The testing would be in accordance with California Air Resources Board (CARB)

Methods 510, 511, 512, and 513 (see Table 2.).

) Under certain conditions, a manufacturer of a portable fuel container and/or spout can be

exempted from compliance with the performance standards in the rule ifit can be classified asinnovative. Also, any manufacturer who cannot comply with the performance standards due to

circumstances beyond the person’s reasonable control may apply in writing for a variance.

The Innovative Products Exemption is designed to encourage the development of innovative

products that may not adhere to one or more of the performance standards for portable fuel

containers. This applies to manufacturers of containers and/or spouts that do not conform to the

requirement, but result in fewer emissions of volatile organic compounds than the rule would

otherwise allow because ofsome characteristics ofthe product design, delivery system, or other

means. In order to be eligible for this exemption, a manufacturer must submit to the Department a

copy ofthe CARB exemption decision, and meet all conditions established by CARB applicable to

the exemption upon request. The Innovative Products provision provides incentives to

manufacturers to continue to perfect and develop new and better ways to adhere, and even exceed

many regulations. In some instances, this can provide additional air quality benefits throughincreased emissions reductions.

A variance is designed so that the proposed rule does not cause or result in an extraordinary

economic hardship to any manufacturer. The variance application must state the specific reasons

why the variance is sought, the proposed date(s) by which compliance with the proposed rule will

be achieved, and the method for achieving compliance with the rule. The applicant must also meet

•the following findings in order for the variance to be granted: )

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If a variance is granted, the order will specify a timetable by which compliance with the

proposed rule will be achieved, and its duration. A variance may be modified or revoked at any

time.Implementation

Implementation ofthe Portable Fuel Container Spillage Control Rule will consist of

notification, public outreach, and attrition. The time preceding implementation ofthe rule will

focus primarily on notification ofretailers and manufacturers to ensure compliance with the

proposed regulation and its administrative requirements. This would be coupled with public

outreach programs to inform consumers about the proposed regulation, its environmental benefits,

and gain familiarity with compliant portable fuel containers andlor spouts. Both outreach and

notification processes will continue for a finite period oftime after the rule is implemented.

Cost of Implementation

According to the California Air Resources Board (CARB), the average cost of a portable fuel

container, in sizes ranging from one gallon to six gallon will increase approximately $6 to $11 per

can, or $1.20 to $2.20 annually. This price increase is not expected to decrease the demand for

these containers significantly, but is expected to impose additional costs on the manufacturers of

portable fuel containers. These additional costs by the manufacturers are expected to be passed the

entire costs increase to the consumer because ofthe low relative price, and because ofthe fact there

are few legal substitutes available to the consumer.Environmental Benefits

Compliance with the proposed performance standards is designed to maximize VOC emission

reductions. It is estimated that VOC emissions as a result of uncontrolled evaporative and refueling

losses would be reduced by approximately 75 percent. In addition, the proposed portable fuel

container would:

• Improve water quality by eliminating the potential discharge of fuel into the aquatic

environment from the refueling of watercraft, and stormdrain run-off from streets and

parking lots.

• Greatly reduce the amount of gasoline spilled onto the ground while refueling lawn, garden,

and small construction equipment, reducing land and groundwater contamination.

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Compliance with the proposed regulation would be accomplished primarily through attrition.

As containers wear out, are lost, damaged, or destroyed, consumers will purchase new spill-proofcontainers to replace existing conventional containers. With the scheduled implementation date of

January 1, 2003, the proposed one-year sell through period, an average useful life of five years, and

as more manufacturers and retailers produce and sell portable fuel containers, compliance with the

proposed regulation appears to be feasible.

Applicability

The proposed rule would apply to all portable fuel containers and/or spouts, with the exception

ofthe following:

• Containers with a nominal capacity less than or equal to one quart.

• Rapid re-fueling devices with nominal capacities greater than or equal to four gallons.• Safety cans. )

• Portable marine fuel tanks that operate in conjunction with outboard engines.

Other State or Federal Requirements that Apply

Although there are no comparable federal regulations that address VOC emissions associated

with the use of portable fuel containers, several northeastern states are moving forth with the

implementation ofregulations to control VOC emissions from portable fuel containers.

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opening)

1.5 gal 0.5 gallmin 1.0” None

A 1.5 gal and Must be labeled as

< 2.5 gal 0.5 gal/mm 1.0” “Low Flow Rate”

A 1.5 gal and

<2.5 gal 1.Ogailmin 1.25” None

> 2.5 gal 2.0 gallmin None None

Table 2. Testing Methods for Spill-Proof Systems and Spill-Proof Spouts

Test Method 510 Automatic Shut-off Test Procedure

Test Method 51 1 Automatic Closure Test Procedure

Test Method 512 Flow Rate Test Procedure

Test Method 513 Penneation Test Procedure

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