The new law comes after a long struggle to force the container industry to add such equipment to plastic gas cans and other fuel tanks. Over the past few decades, more than 80 lawsuits filed on behalf of plaintiffs have alleged that portable gas cylinders exploded and caused severe burns, some of which were fatal. This Regulation gives manufacturers and distributors one year for the sale of containers or sales outlets manufactured before 1 January 2001 if the containers or outlets bear the date of manufacture. Owners of cylinders or spouts sold before this date are not required to modify or dispose of their gas cylinders and purchase new ones. This notice advises manufacturers and distributors of portable fuel tanks or spills that the sale of these devices in California is subject to new regulations effective January 1, 2001 (Title 13, California Code of Regulations, Sections 2467-2467.8). These regulations require portable spill refuelling systems (also known as gas cans) and leak spills sold in California after January 1, 2001, to meet performance standards that reduce oil emissions. The day after NBC News` TODAY investigation aired and was published on NBCNews.com, the CPSC urged manufacturers to add flame arresters to plastic gas cans. A bill embedded in the main spending bill that President Donald Trump signed Sunday will require portable fuel containers, including plastic gas cans, to include “flame reduction devices” to prevent explosions from igniting inside. Any manufacturer of a waterproof system or eyelet shall submit an explanation of the date code and representative codes to the Director General of the Air Resources Council not later than January 1, 2001 or within three months of the start of production and within three months of any coding change. The industry had already agreed on a new technical standard two years ago, at the end of 2018. A committee made up of industry representatives, consumer advocates and CPSC representatives established “performance requirements for flame retardants (FMDs) in portable fuel tanks”. “A flame extinguishing device shall be provided in each PFC opening to protect the opening or openings of the shell against the possible propagation of a flame in a fuel-air mixture inside the shell.” Lewis, who was contacted by phone this week, bluntly described her motivation.
“I can`t let anyone else get burned,” she said. “Flame accidents have tragic consequences, but the solution is less than a penny and cheaper than a nickel,” Thompson said in a press release from his office. Each manufacturer of a sealed system shall clearly indicate on the tank the words “splash suppression system”, a date of manufacture or a representative date, a representative code identifying the portable fuel tank or the portable fuel tank and outlet, and the fuel flow. The Portable Fuel Container Safety Act of 2020 establishes “performance standards to protect against explosions of portable fuel tanks near open flames or other ignition sources” and directs the U.S. Consumer Product Safety Commission (CPSC) to “enact a final rule to mandate flame retardants in portable fuel tanks” over the next two and a half years. While Kornegay acknowledges that her son shouldn`t have used a can of gasoline to start a campfire — as the container industry warns never to do — she told NBC News that she believes the container`s design was responsible for the severity of her injuries. The lawsuit of Kornegay and others claimed the containers were dangerous and defective, prone to “flashback” explosions because their designs did not include flame extinguishing devices. “It`s bittersweet,” Lewis said in the same press release.
“This law, too late to save my daughter from the horrors of a burn unit, ensures that every year [thousands] are protected from tragic burns and death. I am so proud of her and her twin sister for moving forward. Performance standards require that each portable fuel tank and outlet be equipped with an automatic shut-off that stops fuel flow before the target fuel tank overflows. Each portable fuel tank and spout must close and seal automatically when removed from the target fuel tank and remain fully closed when no fuel is dispensed. The container shall have only one opening for filling and pouring. The standard specifies fuel flows that depend on the capacity of the tank. The container must not exceed a permeation rate of 0.4 grams per gallon per day. Manufacturers of sealed systems and leak outlets are required to warrant these products against defects in materials and workmanship for a period of at least one year. The Enforcement Division of the Air Resources Board will determine whether portable fuel tanks and spouts sold in California meet performance standards and regulations. The Surveillance and Laboratories Division conducts inspections of mobile fuel tanks and outlets at the request of the Enforcement Division. Every manufacturer of a portable tank or outlet, or both a portable fuel tank and a spout, that is subject to the performance standard and that, by reason of its design or other features that prevent it from refuelling on the road, shall clearly indicate on the splash prevention system and accompanying packaging the statement “Not intended for refuelling motor vehicles on the road”; if so. A flashback explosion can occur when steam escaping from the box hits a flame or spark.
The steam can ignite and “flashback” inside the box. A copy of the Portable Fuel Tanks and Outlets Regulations is attached. More information on these regulations can be obtained from portable fuel containers or from the ARB Public Information Office. Another mother, Margrett Lewis of Sonoma, California, was a driving force behind the passage of the new law. One of her twin daughters was badly burned when she and her sister tried to pour chimney fuel from a container without flame arresters into a fireplace without exhaust. The Portable Fuel Container Manufacturers Association reported on this development on its website, noting that containers that meet the standard are “already produced.” Portable fuel tank (PFC) regulations are an important part of CARB`s mission to improve California`s air quality. Manufacturers of portable fuel tanks or portable fuel tanks and outlets that are not subject to or do not meet the performance standard must not wear the “Splash Proof System” or “Splash Spout” label on the portable fuel tank or spout. Following NBC News` investigation, WPI continued two more phases of testing, also with industry support, to determine whether flame retardants such as flame arresters could help prevent explosions. Stay up to date with the latest information on portable fuel tanks.
NBC News` investigation found that under certain conditions, the containers were susceptible to explosions that could cause severe burns. Test results have shown that under certain limited conditions – including a very small amount of gasoline inside – such explosions are possible. According to Rep. Mike Thompson, D-Calif., who sponsored the original legislation in 2019, Lewis “lobbied for the drafting and passage of the law.” Each manufacturer of a spill outlet must clearly indicate the term “splash protection spout”, a date or date of manufacture, a representative spill identification code, and fuel flow.