1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103

DATE: November 16, 2010 SUBJECT: Technical Support Document for Delaware’s Revision of Regulation No.

1141

– Li miting Emissions of Volatile Org anic Compounds from Consumer and Commercial Products, Section 3.0

– Portable Fuel Containers /s/ FROM: Irene Shandruk, Phy sical Scientist

Office of Air Program Planning TO: File

/s/ THRU: Brian Rehn , Acting Associate Director

Office of Air Program Planning

A. BACKGROUND: Regulation No.1141

– Li miting Emissions of Volatile Organic Compounds from Consumer and Commercial Products , Section 3.0

– Portable Fuel Containers is concerned specificall y with the use of portable fuel containers and reduc ing refueling emissions from equipment and engines that are predominantly refueled with portable containers

. On November 22, 2002 (67 FR 57776), EPA approved the previous version of Section 3.0. Effective January

1, 2009, the EPA began to regulate emis sions from portable fuel containers (72 FR 8428). The federal rule provides more stringent emission control of portable fuel containers, and thereb y achieves greater VOC emission reductions than the current Delaware regulation. Delaware, therefore, revis ed Regulation No. 1141 such that it does not apply

to portable fuel containers manufactured on and after January 1, 2009, and that Delaware would instead rel y on the federal rule to control emissions from this source.
B. STATE SUBMITTAL: On April 1, 2010, the Delaware Department of Natural Resources and Environmental Control (DNREC) submitted a revision to the Delaware State Implementation Plan (SIP) that consists of Delaware’s regulation for reducing volatile organic compounds (VOCs) from portable fu el containers (i.e. gas cans) in Delaware ( Regulation No. 1141

– Li miting2

Emissions of Volatile Organic Compounds from Consumer and Commercial Products , Section 3.0

– Portable Fuel Containers ). The revision to Regulation No. 1141 amends existing Section 3 .0

– Portable Fuel Containers. The effective date of this regulation was April 11, 2010. In Delaware’s April 1, 2010 submission, an error was made in the citation of the federal rule. It was accidentally

referenced as 37 FR 8428 when it should have read 72 FR 8428. On September 3 , 2010, Delaware submitted a supplement 1 to this SI P revision correcting the ty po. The supplement consisted of a letter describing the error and Regulation 1141 with the correct citation for the federal rule. Regulation No. 1 141, Section 3. 0 is revised to appl y to an y portable fuel container or spout or both portable fuel container and spout manufactured between January 1, 2003 and December 31, 2008. It eliminates the applicability of Section 3.0 to portable fuel contain ers manufactured on and after January 1, 2009, and instead these portable fuel containers are regulated by federal regulation 72 FR 8428.

C. EPA EVALUATION: The State of Delaware is relying on the federal rule to control emissions from portable fuel co ntainers manufactured on and after January 1, 2009. This revision will continue to help Delaware reduce VOC emissions and, therefore, attain and maintain NAAQS for ozone.
D. CONCLUSIONS AND RECOMMENDED AGENCY ACTION: Delaware’s adoption of the feder al rule for portable fuel containers (72 FR 8428) will result in greater VOC emission reductions from portable fuel containers. EPA approval of the SI P revision is recommended.

1 The subject of the letter in the SIP revision supplement erroneously reads as “Delaware Implementation of the Greenhouse Tailoring Rule.” The body of the letter, how ever, describes the error in the citation in the Portable Fuel Containers SIP submitted to EPA on April 1, 2010.