MARYLAND DEPARTMENT

OF THE ENVIRONMENT________

2500 Broening Highway Baltimore Maryland 21224 

# 4DE

(410) 631-3000

• 1-800-633-6101. http://www.mde.state.md.us Parris

N. Glendening

Jane

T. Nishida Governor

Secretary 

# 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

of the 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. 1IRequirementsofAffectedSourcesTherulespecifiesperformancestandardsforportablefuelcontainersandiorspoutswhichareintendedtoreduceemissionsfromstorage,transport,andrefuelingactivities.Therulestatesthatanyportablefuelcontainerand/orspoutmustprovidethefollowing:•Onlyoneopeningforbothfillingandpouring.•Anautomaticshut-offtopreventoverfillduringrefueling.•Automaticclosingandsealingofthecontainerandlorspoutwhennotdispensingfuel.•Afuelflowrateandfilllevelasspecifiedintherule(seeTable1.).•Permeationrateoflessthanorequalto0.4gramspergallonperday.•Awarrantybythemanufacturerasspecifiedintherule.•Clearlydisplaythedateofthemanufactureandthatitisa“Spill-ProofSystem”Therulealsorequiresmanufacturerstoperformtestingtoensureproductcompliance,includingautomaticshut-offforthespouts,automaticclosuretestprocedures,fuelflowrate,andpermeationrate.ThetestingwouldbeinaccordancewithCaliforniaAirResourcesBoard(CARB)Methods510,511,512,and513(seeTable2.).)Undercertainconditions,amanufacturerofaportablefuelcontainerand/orspoutcanbeexemptedfromcompliancewiththeperformancestandardsintheruleifitcanbeclassifiedasinnovative.Also,anymanufacturerwhocannotcomplywiththeperformancestandardsduetocircumstancesbeyondtheperson’sreasonablecontrolmayapplyinwritingforavariance.TheInnovativeProductsExemptionisdesignedtoencouragethedevelopmentofinnovativeproductsthatmaynotadheretooneormoreoftheperformancestandardsforportablefuelcontainers.Thisappliestomanufacturersofcontainersand/orspoutsthatdonotconformtotherequirement,butresultinfeweremissionsofvolatileorganiccompoundsthantherulewouldotherwiseallowbecauseofsomecharacteristicsoftheproductdesign,deliverysystem,orothermeans.Inordertobeeligibleforthisexemption,amanufacturermustsubmittotheDepartmentacopyoftheCARBexemptiondecision,andmeetallconditionsestablishedbyCARBapplicabletotheexemptionuponrequest.TheInnovativeProductsprovisionprovidesincentivestomanufacturerstocontinuetoperfectanddevelopnewandbetterwaystoadhere,andevenexceedmanyregulations.Insomeinstances,thiscanprovideadditionalairqualitybenefitsthroughincreasedemissionsreductions.Avarianceisdesignedsothattheproposedruledoesnotcauseorresultinanextraordinaryeconomichardshiptoanymanufacturer.Thevarianceapplicationmuststatethespecificreasonswhythevarianceissought,theproposeddate(s)bywhichcompliancewiththeproposedrulewillbeachieved,andthemethodforachievingcompliancewiththerule.Theapplicantmustalsomeet•thefollowingfindingsinorderforthevariancetobegranted:)2• Compliance

with the proposed
rule would result

in extraordinary economic hardship

due to. reasons beyond

the control

of the applicant; • The public

in mitigating

the hardship

to the applicant outweighs

the public interest

in avoiding

any increased emissions which result from issuing

of the variance;

and • The methods

to achieve compliance

can be reasonably implemented,

and will achieve compliance

as expeditiously

as possible. 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

of the Portable Fuel Container Spillage Control Rule will consist

of notification, public outreach,

and attrition.
The time preceding implementation

of the rule will focus primarily

on notification

of retailers
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

of time 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

of the low relative price, and because

of the 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. 3•Reducepersonalexposuretohazardousconstituentspresentingasoline,suchasbenzene,ethylbenzene,andmethyltertiary-butylether(MTBE).•Reducetheformationof“smog”,whichisformedbythereactionofNOandVOCsundersunlight.FeasibilityofComplianceCompliancewiththeproposedregulationwouldbeaccomplishedprimarilythroughattrition.Ascontainerswearout,arelost,damaged,ordestroyed,consumerswillpurchasenewspill-proofcontainerstoreplaceexistingconventionalcontainers.WiththescheduledimplementationdateofJanuary1,2003,theproposedone-yearsellthroughperiod,anaverageusefullifeoffiveyears,andasmoremanufacturersandretailersproduceandsellportablefuelcontainers,compliancewiththeproposedregulationappearstobefeasible.ApplicabilityTheproposedrulewouldapplytoallportablefuelcontainersand/orspouts,withtheexceptionofthefollowing:•Containerswithanominalcapacitylessthanorequaltoonequart.•Rapidre-fuelingdeviceswithnominalcapacitiesgreaterthanorequaltofourgallons.•Safetycans.)•Portablemarinefueltanksthatoperateinconjunctionwithoutboardengines.OtherStateorFederalRequirementsthatApplyAlthoughtherearenocomparablefederalregulationsthataddressVOCemissionsassociatedwiththeuseofportablefuelcontainers,severalnortheasternstatesaremovingforthwiththeimplementationofregulationstocontrolVOCemissionsfromportablefuelcontainers.4Table

1. Specific Requirements

of the Portable Fuel Container Spillage Control Rule Container

Fuel Flow Rate

Fill Level

Other Capacity
(gallons per (inches below top Requirements (gallons)

minute)
offuel tank 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 L:\AQPlanning\Regulation Development Division\Technical
Support Documents (General)\Portable

Fuel Containers.tsd.doc 5(1(