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MARYLAND DEPARTMENT OF THE ENVIRONMENT ________

2500 Broening Highway Baltimore Maryland 21224



# IVIDE (410) 631-3000. 1-800-633-6101. http://wwwmde.state.md.us
Parrs 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 ofsmall off-road equipment such as lawnmowers, .chainsaws, and engines such as those found on marine pleasurecraft and in recreational vehicles. In many instances, refueling these pieces ofequipmentresults in gasoline spillage when the receiving tank is overfihled or from improperhandling. As aresult, 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 ofvapors through theportable fuel container itself. This amounts to a significant amount ofVOC emissions per day in the State ofMaryland, .which contributes to the fonnatiofl of ground-level ozone. The Environmental Protection Agency (EPA) has informed the State ofMaryland that its State Implementation Plan (SIP) does notprovide sufficient emission reductions to attain the one-hour ground-level ozone standardby 2005. Inresponse, the Maryland Department ofthe Environment along with several northeastern states with the assistance ofthe Ozone Transport Commission (OTC) have developed the PortableFuel Container Spillage ControlRule that is designed to reduce VOC emissions by addressing these emission shortfalls (approximately 13 tonsper day) and make progress towards reducing ozone levels. The estimatedbenefits derived from such arule would be areduction of2 tons per day ofVOC in the Baltimore nonattainment area, and 6 tons per day ofVOC in the state ofMarylandby the 2005 compliance date set. Affected Sources The Portable Fuel Container Spillage ControlRule applies to any person or entity who will sell, supply, offer for sale, ormanufacture 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 notbe requiredto purchase orreplace themwith newer compliant fuel containers, norwill the rule make ita crime to continue to use conventional fuel containers.

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Requirements ofAffected Sources The rule specifies performance standards for portable fuel containers andJor spouts which are intended to reduce emissions from storage, transport, and refueling activities, The rule states that any portable fuel container and/or spout-mustprovidethe following: Only one opening forboth filling and pouring. An automatic shut-offto prevent overfill during refueling.
a Automatic closing and sealing ofthe container and/or spout when not dispensing fuel.

• A fuel flow rate and fill level as specified in the rule (see Table 1.).

• Permeation rate ofless than or equal to 0.4 grams per gallon per day.

• A warranty by the manufacturer as specified in the rule. ,o 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-offfor the spouts, automatic closure testprocedures, fuel flow rate, and permeationrate. The testing would be in accordance with California AirResources Board (CARB) Methods 510, 511, 512, and 513 (see Table 2.). Under certain conditions, amanufacturer ofaportable fuel container and/or spout canbe exempted from compliance with the performance standards in the rule ifit canbe classified as innovative. Also, any manufacturerwho 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 ofinnovative. products that may not adhere to one ormore ofthe performance standards forportable fuel containers. This applies to manufacturers Ofcontainers and/or spouts that do not conform to the requirement, but result in fewer emissions ofvolatile organic compounds than the rule would otherwise allow because ofsome characteristics ofthe product design, delivery system, or other means. In orderto be eligible for this exemption, .amanufacturer must submitto the Department a copy of-the CARB exemption decision, and meet all conditions establishedby CARB applicable to the exemption uponrequest. 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 through increased emissions reductions. A variance is designed so that the proposed.rule does not cause orresult in an extraordinary economic hardship to any manufacturer. The variance applicationmust stat,e the specific reasons why the variance is sought, the proposed date(s) by-which compliance withthe proposedrule will

- be achieved, and the method for achieving compliance with the rule. The applicant must alsO meet the following findings in order forthe variance to be granted: 

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2• Compliance with the proposed rule wouldresult in extraordinary economic hardship due to. reasons beyond the control, ofthe applicant;

• The public in mitigating the hardship to the applicant outweighs the public interest in avoiding any increased emissions whichresult from issuing ofthe variance; and

• The methods to achieve compliance can be reasonably implemented, and will achieve compliance as expeditiously as possible. Ifa variance is granted, the order will specify atimétablê by which compliance with the proposedrule will be achieved, and its duration. A variance may be modified orrevoked 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 outreachprograms to inform consumers about the proposedregulation, its environmental-benefits, and gain familiarity with compliantportable fuel containers and/or spouts. Both outreach;and notification processes will continue for a finite period, oftime afterthe rule is implernent,cd. Cost ofImplementation According to the CaliforniaAirResources Board (CARB), the average cost ofaportable 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 ad4itional costs by the manufacturers are expected to be passed the entire costs increase to the consumerbecause ofthe low relative price, and because ofthe fact there are few legal substitutes available to the consumer. Environmental Benefits Compliance with the proposedperformance standards is designed to maximize VOC emission reductions. It is estimatedthat VOC emissions as aresult ofuncontrolled evaporative and refueling losses wouldbe reducedby approximately 75 percent. In addition, theproposedportable fuel containerwould:

• Improve water quality by eliminating the potential discharge offuel into the aquatic environment from the refueling ofwatercraft, and stormdrainrun-offfrom streets and parking lots.

• Greatly reduce the amount ofgasoline spilled onto the ground while refueling lawn, garden, and small construction equipment, reducing land and groundwater contamination.

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• Reduce personal exposure to hazardous constituents present in gasoline, such as benzene, ethylbenzene, and methyl tertiary-butyl ether (MTBE). ‘I o Reduce the formation of“smog”, which is formed by the reaction ofNO and VOCs under sunlight. Feasibility ofCompliance Compliance with the proposed regulation wouldbe accomplished primarily through attrition. As containers wear out, are lost, damaged, or destroyed, consumers will purchase new spill-proof containers to replace existing conventional containers. With the scheduled implementation date of January 1, 2003, the proposed one-year sell throughperiod, an average useful life offive years, and as more manufacturers andretailers produce and sell portable fuel,containers, compliance with the proposedregulation appears to be feasible. Applicability The proposedrule would apply to all portable fuel containers andJor spouts, with the exception ofthe following:

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

• Rapidre-fueling devices with nominal capacities greater than or equal to four gallons.

• Safety cans. 

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• Portable marine fuel tanks that operate in conjunction with outboard engines. Other State or Federal Requirements thatApply’. Although there are no comparable federal regulations that address VOC emissions associated withthe use ofportable fuel’ containers, several northeastern states are moving forth with the implementation ofregulations to control VOC emissions fromportable fuel containers.

4Table 1. Specific Requirements ofthe Portable Fuel Container Spillage Control Rule Container Fuel Flow Rate Fill Level Other Capacity (gallonsper (inches below top Requirements (gallons) minute) offuel tank opening) 1.5 gal 0.5 gal/mm 1 .0” None A 1.5 gal and Mustbe labeled as < 2.5 gal 0.5 gal/mm 1.0” “Low Flow Rate” A 1.5 gal and < 2.5 gal 1.0 gal/mm 1.25” None
> 2.5 gal 2.0 gal/mm None None
Table 2. Testing Methods for Spill-ProofSystems and Spill-ProofSpouts Test Method 510 Automatic Shut-offTest Procedure

V TestMethod 511 Automatic Closure Test Procedure TestMethod 512 Flow Rate TestProcedure Test Method 513 Permeation Test Procedure

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