This reg makes all the sense in the world for FUEL CONTAINERS. However, CPSC has said-off-the-record that they expect to lump fuel additives in with this, something that was not the original intent of the legislation. This directly affects my industry (automotive aftermarket chemicals) since we and dozens of other companies collectively sell tens of millions of relevant, flammable fuel additives annually in the US alone. Moreover, there simply are not solutions for the single-use bottles that we all employ; they just don't exist today.
If there aren't some clarifying definitions, exemptions, exceptions, or letters of interpretation that directly address this matter, it's going to a total CF for a lot of companies, some of which you've all heard of—AC Delco, Berryman (B-12 Chemtool), BG (44K), Chevron (Techron), CRC, Gum-Out, Marvel, Motor Medic, Penray, Power Service, Radiator Specialty, Rislone, Seafoam, Shell, Sta•Bil, and STP to name a few. Don't forget store brands, too, though—Advance, AutoZone, CarQuest, NAPA, O'Reilly, Pep Boys, TCC (Johnsen's) TruFuel, VP Racing, and Walmart. They all sell relevant products, and what's worse there is they'll just expect their contract fillers to get it done, to comply with the regs, regardless of feasibility.
And that's just fuel additives. Should engine oil additives, top treats, and flushes be handled the same way if they flash at 140°F or less? I don't really see much of a difference. In fact, one could argue that those are potentially more dangerous if an end-user is working around a hot engine. If so, then the regs will also have inadvertently swept up Champion, Cyclo, K&W, Valvoline, Wurth, and other oil additive and flush manufacturers.
I guess I'm just venting at this point, but this regulation is really going to be disastrous and quite costly for automotive aftermarket chemicals if CPSC doesn't walk back the scope and/or applicability.
Dan
-----Original Message-----
From: ACS Division of Chemical Health and Safety <DCHAS-L**At_Symbol_Here**Princeton.EDU> On Behalf Of Ralph Stuart
Sent: Thursday, March 23, 2023 7:44 AM
To: DCHAS-L**At_Symbol_Here**Princeton.EDU
Subject: [DCHAS-L] CPSC Requires Lifesaving Flame Mitigation Devices on Gas Cans and Other Portable Fuel Containers
Putting together a flammable liquids safety presentation for our shop students today, I found this happy news. The ACS provided some technical support for the CPSC on this topic several years ago. Specifically, the flame jetting video at https://www.youtube.com/watch?v=5sfUl6GIdYo
describes the value of flame arrestors on consumer products.
CPSC Requires Lifesaving Flame Mitigation Devices on Gas Cans and Other Portable Fuel Containers
Release Date: January 17, 2023
WASHINGTON, D.C. –The U.S. Consumer Product Safety Commission (CPSC) is making gas cans and other fuel containers safer by requiring flame mitigation devices. The new mandatory safety standard will go into effect in July 2023. Congress required the agency to put rules into place to protect consumers under the Portable Fuel Container Safety Act (PFCSA) of 2020. Each year, thousands of people go to emergency departments with burn injuries related to flammable liquids. Many burn incidents involve liquid fuel used on a backyard fire pit, a campfire, a bonfire or burning trash. Vapors from these liquids are invisible and dangerous.
Flame mitigation devices, such as flame arrestors, protect against flame jetting and container rupturing. Flame jetting is a phenomenon where an external ignition source – such as an open flame – causes a sudden ignition of fuel within a container and forcefully expels burning vapor and liquid from the mouth of the container, resulting in a blowtorch-like effect. Container rupturing is like flame jetting, except the burning vapor and liquid are expelled through a rupture in the container.
Flame mitigation devices will be required on new gas cans and other containers that are sold empty, such as for kerosene and diesel, and on new containers that are sold pre-filled with fuels such as charcoal lighter fluid, liquid fireplace fuels and pre-mixed gasoline and engine fuel. Most fuel containers already have the safety device.
By a 4-0 vote, the CPSC made mandatory three existing voluntary standards:
• ASTM F3326-21, Standard Specification for Flame Mitigation Devices on Portable Fuel Containers;
• ANSI/CAN/UL/ULC 30:2022, Standard for Safety Metallic and Nonmetallic Safety Cans for Flammable and Combustible Liquids and;
• ASTM F3429/F3429M-20, Standard Specification for Performance of Flame Mitigation Devices Installed in Disposable and Pre-Filled Flammable Liquid Containers.
In December 2022, the Commission also voted to update child resistance requirements for closures on portable gas cans, and diesel and kerosene containers. These requirements became effective on December 22, 2022. The revisions update the existing standard to reflect current gasoline container designs, remove ambiguities in the child test requirements, and create an adult test that reflects usage patterns. The revisions also apply requirements to aftermarket products such as pour spouts.
Release Number
23-092
Ralph Stuart, CIH, CCHO
ralph**At_Symbol_Here**rstuartcih.org
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