UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:	September 24, 2007

SUBJECT:	Technical Support Document - Maryland; Amendments to the
Control of Volatile Organic Compound Emissions from Portable Fuel
Containers

			

FROM:	Gobeail McKinley, Environmental Scientist /s/

Air Quality Planning Branch 

TO:		File EPA-R03-OAR-2007-1000

		          

THRU: 	Marilyn Powers, Acting Branch Chief /s/

Air Quality Planning Branch

A.  BACKGROUND

On June 18, 2007, the Maryland Department of Environment (MDE) submitted
a revision to its state implementation plan (SIP).  The SIP revision
(Maryland SIP #07-09) includes amendments to the control of VOC
emissions from portable fuel containers (COMAR 26.11.13.07).

A portable fuel container is defined as container or vessel with a
nominal capacity of 10 gallons or less intended for reuse, that is
designed or used primarily for receiving, transporting, storing, and
dispensing fuel.  Portable fuel containers incorrectly sealed will emit
evaporative emissions.  

In 2001, Maryland adopted a regulation based on the 2001 Ozone Transport
Commission (OTC) Portable Fuel Container Model Rule that was based on
the California Air Resources Board (CARB) rule.  The OTC Model Rule
required spill proof containers made available for sale to meet certain
performance standards that reduce VOC emissions.  The standards which
are based upon a similar regulation by CARB require that all portable
fuel containers be spill-proof, have an automatic shut-off feature to
prevent overfilling, an automatic closing feature so that the container
will be sealed when not in use, and meet certain permeation standards. 

STATE SUBMITTAL

Maryland’s amended portable fuel containers regulation incorporates
the changes made by the 2006 OTC Model Rule based on the 2005 CARB Rule.
The amendment addresses the fact that the original rule did not include
kerosene containers which were offered for sale in place of compliant
portable fuel containers.  Other amendment incorporations include:
modifying the existing spout regulations in order to address to improve
spillage control; elimination of the fuel flow rate and fill level
performance standards; elimination of the automatic shutoff performance
standard; new containers must be certified for use ad sale by the
manufacturer through CARB; and, new portable fuel container testing
procedures to streamline testing.

New definitions to be used in this regulation are the following:

Kerosene - means any light petroleum distillate having a true vapor
pressure within the range of 0.0041 to 0.029 pounds per square inch
absolute (psia) (0.028 to 0.2 kilonewtons per square meter) for use in
space heaters, cooking stoves, water heaters, or wicked-fed lamps.

Portable fuel container - does not include containers or vessels
permanently embossed or permanently labeled, meeting the requirements of
49 CFR §172.407(a) and intended for use with non fuel or non-kerosene
products.

Spout - does not include lengthening devices that can be used to
accommodate necessary applications.

Applicability and Exemptions.

The SIP revision applies to a person who manufactures, sells,
advertises, or makes available for use portable fuel containers and
spouts or both portable fuel containers and spouts in the State.

The SIP revision does not apply to a person or manufacture who sells,
advertises, or makes available for use rapid fueling devices with
nominal capacities greater that or equal to 4 gallons, if these devices
are designed for use in officially sanctioned off-highway motor sports
such as car racing or motorcycle competitions. The SIP revision does not
apply to a person or manufacture who sells, advertises, or makes
available for use closed-system portable fuel containers that are used
exclusively for fueling remote control model airplanes. Portable fuel
containers or spouts or both portable fuel containers and spouts that
are certified for use and sale by the manufacturer through CARB and
covered by a CARB Executive Order before June 30, 2007, the performance
standards specified in COMAR 26.11.13.07C do not apply.

Performance Standards for Portable Fuel Containers and Spill-Proof
Spouts.

A person may not manufacture, sell, or make available for use after June
30, 2007, a portable fuel container or a portable fuel container and
spout that does not meet all of the following performance standards
except as provided in the exemptions in COMAR 26.11.13.07B.  Except as
provided in COMAR 26.11.13.07B(2) of this revised regulation, A person
may not manufacture, sell, or make available for use after June 30,
2007, any spout that does not meet all of the performance standards of:
(1) contains an automatic shut-off that stops the fuel flow before the
target fuel tank overflows; (2) automatically closes and seals when
removed from the target fuel tank and remains completely closed when not
dispensing fuel; (3) contains only  one opening for both filling and
pouring; (4) provides a fuel flow rate and fill level which are
specified in COMAR 26.11.13.07C; (5)does not exceed a permeation rate of
0.4 grams per gallon per day; and (6) is warranted by the manufacturer
for a period of less than 1 year against defects in material and
workmanship.

Notwithstanding the provisions of COMAR 26.11.13.07C(1) and (2) of this
revised regulation, a portable fuel container or spout or both portable
fuel container and spout manufactured 30 days after the effective date
of this regulation, may be sold, supplied, or offered for sale until 1
year after the time period beginning 30 days after the effective date of
this regulation, if it is labeled or designated for use solely with
kerosene and if the date of manufacture or a date code representing the
date of manufacture is clearly displayed on the portable fuel container
or spout.

Except as provided in COMAR 26.11.13.07B, a portable fuel container,
spout, or portable fuel container and spout produced on or after July 1,
2007, that is manufactured for sale, advertised for sale, sold, or
offered for sale in Maryland or that is introduced, delivered, or
imported into Maryland for commerce and that is subject to any of the
standards specified in this regulation and documents incorporated by
reference, shall be certified for use and sale by the manufacturer
through CARB Executive Order.

Innovative Products.

Portable fuel containers or spouts or both portable fuel containers and
spouts which have been granted an innovative product exemption by CARB
are exempt from the requirements of the performance standards of this
regulation for the period of time that the CARB Innovative Products
exemption remains in effect.  Any manufacturer claiming such an
exemption on this basis shall submit to the Department a copy of the
CARB exemption decision (i.e., the Executive Order), including all
conditions established by CARB applicable to the exemption.

Labeling and Notification.

Any manufacturer shell clearly display on each portable fuel container
or portable fuel container and spout produced on or after July 1, 2007:
the phrase “Spill-Proof Spout”, the date of manufacture or
representative date, and a representative code identifying the Executive
Order number issued by CARB for the portable container or portable fuel
container and spout.

Variances.

Portable fuel containers and spouts or both portable fuel containers and
spouts which have been granted a variance by CARB are exempt from the
requirements in the revision of this regulation for the period of the
time that CARB variance remains in effect.  A manufacturer claiming a
variance on this basis shall submit to the department a copy of the CARB
variance decision (that is, the Executive Order), including all
conditions established by CARB applicable to the variance.

Testing and Requirements.

Testing to determine compliance shall be preformed using the following
testing methods approved by CARB which are incorporated by reference:
“Test Method 510, Automatic Shut-Off Test Procedure for Spill- Proof
Systems and for Spill-Proof Spouts”, amended by CARB on July 26, 2006
and “Test Method 511, Automatic Closure Test Procedure For Spill-Proof
Systems And Spill-Proof Spouts”, adopted by CARB on July 6, 2000. 
Testing to determine compliance with COMAR 26.11.13.07C(4) this revised
regulation shall be preformed by using the test methods in “CP-501,
Certification Procedure for Portable Fuel Containers and Spill-Proof
Spouts”, adopted by CARB on July 26, 2006, which is incorporated by
reference.

 

C.  EPA EVALUATION: 

Maryland’s amendments to the portable fuel containers rule incorporate
requirements of the 2006 OTC model rule for portable fuel containers
that was based on the changes made by CARB in 2005.  These amendments
have an estimated emissions reduction potential of 1.6 tons per day of
VOC in the Baltimore nonattainment area, and 6 tons per day of VOC
Statewide beginning in 2009. 

D.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION:

The amendments to the Portable Fuel Container Rule adopted by Maryland
will result in the reduction of VOC emissions from the affected sources.
 EPA approval of the SIP revision is recommended. 

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