Keith Mack
On December 31, 2020, a new law was passed requiring portable fuel containers, including plastic gas cans, to include flame mitigation devices to prevent explosions. This law, known as the Portable Fuel Container Safety Act of 2020, was enacted in response to concerns about the safety of gas cans and aimed to establish performance standards to protect against explosions near open flames or other ignition sources. The law directed the U.S. Consumer Product Safety Commission (CPSC) to implement a final rule within two and a half years, ensuring that flame arresters or similar devices were included in portable fuel containers to mitigate the risk of explosions. This legislation marked a significant step in addressing the potential dangers associated with gas cans and enhancing the safety of individuals handling flammable liquids.
| Characteristics | Values |
|---|---|
| Date | 31 December 2020 |
| Name of the law | The Portable Fuel Container Safety Act of 2020 |
| What it entails | Flame mitigation devices are to be included in portable fuel containers to prevent explosions |
| Containers it applies to | Portable fuel containers, including plastic gas cans |
| Who passed the law | President Donald Trump |
| Who it affects | Manufacturers of gas cans |
| Previous laws | In 2009, the Environmental Protection Agency (EPA) instated new regulations for portable fuel containers, outlawing those with a vent hole |
| --- | OSHA requires a fuel can to have an automatic pressure release feature incorporated for use on industrial jobsites and other construction sites |
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What You'll Learn
Flame arresters in portable gas cans
In 2020, Congress passed a law requiring flame arresters in portable gas cans. The law was passed in response to an NBC News investigation that found plastic gas containers were susceptible to explosions, which could cause severe burns or even death. The investigation, which aired on the TODAY show and was posted on NBCNews.com, prompted the CPSC to recommend that manufacturers add flame arresters to plastic gas cans.
Flame arresters are a type of flame mitigation device that helps to prevent explosions from igniting inside portable fuel containers. They are usually pieces of mesh or disks with holes meant to disrupt flames. By absorbing and diffusing heat, flame arresters can prevent vapors from igniting and "flashing back" into the canister, where they could explode. This is especially important as vapors from flammable liquids are invisible and dangerous.
The new law, called the "Portable Fuel Container Safety Act of 2020", establishes performance standards to protect against portable fuel container explosions near open flames or other ignition sources. It directs the U.S. Consumer Product Safety Commission (CPSC) to "promulgate a final rule to require flame mitigation devices in portable fuel containers" within two and a half years. The CPSC has made this a mandatory safety standard, which went into effect in July 2023.
The inclusion of flame arresters in portable gas cans is expected to save lives and prevent injuries. In the 20 years prior to the law's passage, there were about 80 product liability lawsuits filed against manufacturers of plastic gas cans, with at least eleven deaths and nearly 1,200 ER visits reported since 1998. The new law is a result of the efforts of people like Margrett Lewis of Sonoma, California, whose twin daughter was severely burned when she attempted to pour a fireplace fuel product from a container without a flame arrester.
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Plastic gas cans and explosions
Plastic gas cans have been a cause for concern over the past decade, with many reports of explosions causing injuries, property damage, and even deaths. In 2013, NBC News' Lisa Myers investigated the issue, reporting that 11 people had died in the last 15 years due to exploding plastic gas cans. This investigation brought the topic to the forefront, leading to litigation and calls for stricter safety regulations.
Gasoline is a highly flammable substance, and while the liquid itself can ignite, it is often the vapors that pose the greatest risk. These vapors can accumulate inside the gas can or in the surrounding area, especially if the container is not properly sealed or is exposed to heat. As temperatures rise, the gasoline inside the can heats up and produces more vapors, leading to a dangerous pressure buildup, especially in enclosed spaces like garages or car trunks.
The absence of flame arresters or other flame mitigation devices in plastic gas cans has been identified as a critical safety concern. Flame arresters are pieces of mesh or disks with holes designed to disrupt flames and prevent them from traveling back into the can and igniting the vapors. Despite the effectiveness of this technology, some manufacturers have omitted flame arresters from their gas can designs to save costs. This has resulted in numerous lawsuits and public outcry for improved safety standards.
In response to the growing concerns and advocacy from individuals affected by gas can explosions, Congress took action. On December 31, 2020, President Donald Trump signed the "Portable Fuel Container Safety Act of 2020" into law. This legislation requires portable fuel containers, including plastic gas cans, to be equipped with flame mitigation devices to help prevent explosions from igniting inside them. The law directs the U.S. Consumer Product Safety Commission (CPSC) to promulgate a final rule mandating flame mitigation devices within the next two and a half years.
The new law is a significant step toward enhancing the safety of portable fuel containers and addressing the risks associated with plastic gas cans. It is essential for manufacturers, distributors, and retailers of these products to be aware of the updated regulations and ensure their compliance to prevent future accidents and protect consumers from harm.
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EPA regulations for portable fuel containers
On December 31, 2020, a new law was passed requiring portable fuel containers to include flame mitigation devices to prevent explosions from igniting inside them. This law, called the "Portable Fuel Container Safety Act of 2020", was enacted in response to an NBC News investigation that highlighted the need for safety measures in portable gas cans.
The U.S. Environmental Protection Agency (EPA) has established regulations for portable fuel containers to control evaporative emissions from new and in-use containers. These regulations are outlined in 40 CFR Part 59 Subpart F. Wholesale distributors are prohibited from selling or distributing portable fuel containers that do not meet the emissions standards set by the EPA. Containers manufactured after December 31, 2008, must have a valid certificate of conformity and be properly labelled.
The labelling requirements for portable fuel containers include affixing a legible label that is easily visible when the container is in use. The label must include a standardized identifier, such as the EPA's designation for emission families, the model number, or the part number. Additionally, the label must include specific statements regarding compliance with EPA emission regulations and the validity of the emissions warranty.
Compliance reporting and certification are also crucial aspects of the EPA regulations for portable fuel containers. Manufacturers must maintain records and submit reports specified by the EPA, with records being retained for at least five years from the date of manufacture or importation. The EPA may request these records at any time. The regulations also outline the process for certifying portable fuel containers to ensure they meet the required standards.
The EPA's regulations for portable fuel containers aim to reduce evaporative emissions and improve safety for consumers. By implementing these standards and requiring compliance reporting and certification, the EPA helps protect the environment and public health while ensuring the proper use and maintenance of portable fuel containers.
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OSHA requirements for gas cans
On December 31, 2020, a new law was passed requiring portable gas containers to include flame mitigation devices to prevent explosions. The law, called the "Portable Fuel Container Safety Act of 2020," was enacted in response to an NBC News investigation that highlighted the need for better safety measures to protect against explosions from portable fuel containers.
While the specific term "OSHA" is not mentioned in the context of this new law, the Occupational Safety and Health Administration (OSHA) does have requirements and guidelines pertaining to the storage and handling of gasoline, particularly on construction sites. OSHA's requirements are set by statutes, standards, and regulations, and they offer interpretation letters to explain these requirements and their specific applications.
According to OSHA, only approved containers and portable tanks shall be used for the storage and handling of flammable and combustible liquids. This includes approved safety cans or Department of Transportation (DOT) approved containers for flammable liquids in quantities of 5 gallons or less. It's important to note that the use of DOT-approved containers meets the basic intent of the provisions, even if they don't meet all the specific requirements.
OSHA also emphasizes safety precautions when using gas cans. For example, they advise against overfilling fuel tanks and recommend allowing room for expansion on hot days. Additionally, they caution against filling any container while it's inside a vehicle, trunk, or on any surface other than the ground.
To summarize, while the new law regarding flame mitigation devices in portable gas containers doesn't explicitly mention OSHA, the organization does have relevant guidelines for the safe storage and handling of gasoline, particularly on construction sites, which include the use of approved containers and safety precautions.
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Gas can spouts and safety
Gas cans are a convenient way to transport fuel, but they can also be dangerous if not used properly. In December 2020, a new law was enacted requiring portable gas containers to be equipped with flame arresters or other flame mitigation devices to help prevent explosions. This law was a response to incidents where individuals were severely burned due to the lack of safety features on gas cans.
One common type of flame mitigation device is a flame arrester, which is usually made of mesh or disks with holes designed to disrupt a flame. These devices are already used in metal "safety" gas cans and fuel tanks, as well as containers of other flammable liquids such as charcoal lighter fluid and liquor bottles. The new law ensures that portable fuel containers, including plastic gas cans, also include these important safety features.
While the addition of flame arresters and other flame mitigation devices is a crucial step towards improving the safety of gas cans, it is important to recognize that these features can also create new challenges and frustrations for users. Many modern spill-proof gas cans, for example, have a device in the spout that requires it to be depressed to allow gas to flow out. This can make refueling a slow and messy process, especially if the gas can is full and needs to be turned upside down to access the short spout.
To address these issues, some individuals have opted to purchase aftermarket spout kits, such as the EZ-POUR kit, which includes a flexible spout with a screw-on cap, a press-in vent, and threaded collars that fit most common gas cans. These kits can improve the ease of use and help prevent spills. However, it is important to note that some states, such as California, Washington D.C., and New York, have restrictions on the types of gas spouts that are allowed, so it is essential to check local regulations before making any modifications.
Overall, while gas cans can be a convenient and necessary tool for many individuals, it is crucial to prioritize safety and follow proper handling and storage procedures to minimize the risk of accidents and explosions.
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Frequently asked questions
The new law requires that portable fuel containers, including plastic gas cans, include "flame mitigation devices" to help prevent explosions from igniting inside them.
The law was signed by President Donald Trump on December 31, 2020.
Flame mitigation devices are pieces of mesh or disks with holes meant to disrupt flames. They are usually used in metal "safety" gas cans, fuel tanks, and some containers of other flammable liquids.
These devices are necessary to prevent explosions. Testing found that flame mitigation devices are effective in preventing explosions and concluded that they are "necessary" to address this issue.
