[Senate Report 116-235]
[From the U.S. Government Publishing Office]
Calendar No. 482
116th Congress } { REPORT
SENATE
2d Session } { 116-235
_______________________________________________________________________
PORTABLE FUEL CONTAINER SAFETY ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1640
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 23, 2020.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
99-010 WASHINGTON : 2020
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred sixteenth congress
second session
ROGER F. WICKER, Mississippi, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROY BLUNT, Missouri AMY KLOBUCHAR, Minnesota
TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska TOM UDALL, New Mexico
CORY GARDNER, Colorado GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
SHELLEY MOORE CAPITO, West Virginia TAMMY DUCKWORTH, Illinois
MIKE LEE, Utah JON TESTER, Montana
RON JOHNSON, Wisconsin KYRSTEN SINEMA, Arizona
TODD C. YOUNG, Indiana JACKY ROSEN, Nevada
RICK SCOTT, Florida
John Keast, Staff Director
David Strickland, Minority Staff Director
Calendar No. 482
116th Congress } { Report
SENATE
2d Session } { 116-235
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PORTABLE FUEL CONTAINER SAFETY ACT OF 2019
_______
June 23, 2020.--Ordered to be printed
_______
Mr. Wicker, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1640]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1640) to require compliant
flame mitigation devices to be used on portable fuel containers
for flammable liquid fuels, and for other purposes, having
considered the same, reports favorably thereon with an
amendment (in the nature of a substitute) and recommends that
the bill (as amended) do pass.
Purpose of the Bill
The purpose of S. 1640 is to direct the U.S. Consumer
Product Safety Commission (CPSC) to issue a final rule to
require flame mitigation devices on portable fuel containers
that impede the propagation of flame into the containers.
Background and Needs
Portable fuel containers are receptacles specifically
designed to hold small amounts of gasoline.\1\ Portable fuel
containers can range in size and hold up to 10 gallons of
gasoline or more.\2\ The U.S. Environmental Protection Agency
(EPA) estimates that there are approximately 80 million
portable fuel containers in use in the United States.\3\ These
containers are commonly used by U.S. consumers to store fuel
for lawnmowers, snow blowers, and other small-engine
equipment.\4\
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\1\Kelly Burke, ``Understanding New Regulations for Portable Fuel
Containers,'' The Spruce, Aug. 10, 2019 (https://www.thespruce.com/
regulations-for-portable-fuel-containers-2153054) (accessed May 21,
2020).
\2\Id.
\3\Id.
\4\Id.
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Portable fuel containers can pose serious safety risks to
consumers if not properly handled. Under certain conditions,
gasoline vapors escaping the portable fuel container can ignite
with unpredictable force if the vapors come into contact with a
spark or flame.\5\ An explosion can occur when ignited gasoline
vapors travel back into the container through the spout, which
can cause serious harm to individuals and damage surrounding
property.\6\ According to the National Association of State
Fire Marshalls, flammable or combustible liquids cause over
160,000 fires and almost 4,000 injuries per year, and cost an
estimated $1.5 billion in direct property damage annually.\7\
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\5\Lisa Myers and Richard Gardella, ``Is My Gas Can Safe?,'' NBC
News, Dec. 4, 2013 (https://www.nbcnews.com/news/world/my-gas-can-safe-
flna2D11693927) (accessed May 21, 2020).
\6\Id.
\7\National Association of State Fire Marshalls, letter of support
(on file with the Committee), Jan. 25, 2019. See also Steven Tramel,
``Portable Fuel Container Safety Act Introduced in House,''
Congressional Fire Services Institute, Jan. 31, 2019 (https://
www.cfsi.org/portable-fuel-container-safety-act-introduced-in-house/)
(accessed May 21, 2020).
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In 2007, the American Society for Testing and Materials
(ASTM), an international standards-setting organization, formed
the Subcommittee on Portable Fuel Containers to address the
issue of burn injuries resulting from gas cans.\8\ Following
ASTM's release of test results showing the ability of flame
arrestors to limit gas can-related fires, the CPSC issued a
statement in 2013 that called for the inclusion of flame
arrestors in gasoline containers.\9\ A flame arrestor is a
small piece of mesh or perforated disk designed to disrupt the
flame.\10\ Flame arrestors can prevent flames from passing into
the containers and causing the vapors inside to explode.\11\
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\8\National Leadership Conference, ``Prevent Serious Burn
Injuries,'' American Burn Association, 2019 (http://ameriburn.org/wp-
content/uploads/2019/02/aba110_hr19_020419.pdf) (accessed May 21,
2020).
\9\Lisa Myers and Richard Gardella, ``Warning: Scientists Say Gas
Cans Carry Risk of Explosion,'' NBC News, Dec. 4, 2013 (https://
www.cnbc.com/2013/12/04/warning-scientists-say-gas-cans-carry-risk-of-
explosion.html) (accessed May 21, 2020).
\10\Id.
\11\Rich Gardella, ``New Tests Show Flame Arresters Can Stop Gas
Can Explosions,'' NBC News, Feb. 20, 2014 (https://www.nbcnews.com/
news/investigations/new-tests-show-flame-
arresters-can-stop-gas-can-explosions-n33981) (accessed May 21, 2020).
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In addition to calling for the use of flame arrestors, the
CPSC asked voluntary standards organizations to incorporate
flame arrestor systems into applicable safety standards for gas
cans.\12\ Currently, the Occupational Safety and Health
Administration sets standards for fuel tanks, charcoal lighter
fluid metal tanks, and other types of gas cans used in the
workplace, but no equivalent, mandatory standard exists for
household or consumer portable fuel container products.\13\
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\12\Lisa Myers and Richard Gardella, ``Warning: Scientists Say Gas
Cans Carry Risk of Explosion,'' NBC News, Dec. 4, 2013 (https://
www.cnbc.com/2013/12/04/warning-scientists-say-gas-cans-carry-risk-of-
explosion.html) (accessed May 21, 2020).
\13\National Leadership Conference, ``Prevent Serious Burn
Injuries,'' American Burn Association, 2019 (http://ameriburn.org/wp-
content/uploads/2019/02/aba110_hr19_020419.pdf) (accessed May 21,
2020).
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Summary of Provisions
S. 1640 would direct the CPSC to issue a final rule
requiring flame mitigation devices to be used in consumer fuel
containers, unless the CPSC determines that a voluntary
standard for flame mitigation devices in portable fuel
containers meets certain conditions outlined in the Act.
The CPSC also would be required to undertake a campaign to
educate consumers about the dangers associated with portable
fuel containers for flammable liquids and to submit a report to
the Congress summarizing its education campaign activities.
Legislative History
S. 1640, the Portable Fuel Container Safety Act of 2019,
was introduced on May 23, 2019, by Senator Klobuchar (for
herself and Senator Moran) and was referred to the Committee on
Commerce, Science, and Transportation of the Senate. On
November 13, 2019, the Committee met in open Executive Session
and, by voice vote, ordered S. 1640 reported favorably with an
amendment (in the nature of a substitute).
A companion bill, H.R. 806, was introduced on January 28,
2019, by Representative Mike Thompson (for himself and 21
original cosponsors) and was referred to the Committee on
Energy and Commerce of the House of Representatives. There are
31 additional cosponsors. That bill, as amended, was passed by
voice vote in the House of Representatives on September 17,
2019.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
S. 1640 would require the Consumer Product Safety
Commission (CPSC) to issue a final rule to require portable
fuel containers to include a device that would stop flames from
entering the container (called flame mitigation devices). The
CPSC also would be required to undertake a campaign to educate
consumers about the dangers associated with portable fuel
containers for flammable liquids and to submit a report to the
Congress summarizing its education campaign activities.
On the basis of information from the CPSC, CBO estimates
that implementing S. 1640 would cost about $3 million over the
2020-2024 period; that spending would be subject to
appropriation of the necessary amounts. On average, the
equivalent of about four full-time employees would be required
over that period to complete the final rule and education
campaign, CBO estimates.
The requirement that portable fuel containers include flame
mitigation devices would be a private-sector mandate as defined
in the Unfunded Mandates Reform Act (UMRA). The act would
permit CPSC to adopt a voluntary industry standard as its rule
to meet this requirement. Based on industry information about
the widespread use of flame mitigation devices in portable fuel
containers, CBO estimates that the cost of the mandate would
fall below the annual threshold for private-sector mandates
established in UMRA ($164 million in 2019, adjusted annually
for inflation).
S. 1640 contains no intergovernmental mandates as defined
in UMRA.
On September 18, 2019, CBO transmitted a cost estimate for
H.R. 806, the Portable Fuel Container Safety Act of 2019, as
passed by the House of Representatives on September 17, 2019.
Similar to S. 1640, H.R. 806 would require the CPSC to issue a
final rule, education campaign, and a report to the Congress.
Unlike H.R. 806, S. 1640 does not allow the CPSC to combine
voluntary standards when evaluating whether a current voluntary
standard could become the federal standard issued in the final
rule. Based on information from the CPSC, CBO does not expect
this difference to have a significant effect on the act's
estimated cost.
The CBO staff contacts for this estimate are Philippa Haven
(for federal costs) and Andrew Laughlin (for mandates). The
estimate was reviewed by Leo Lex, Deputy Assistant Director for
Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
In general, S. 1640 would direct the CPSC to establish a
mandatory requirement for portable fuel container manufacturers
to include flame mitigation devices in their products. However,
such devices are currently broadly in use by the portable fuel
container manufacturing industry in compliance with existing
voluntary standards. Therefore, the Committee believes that the
number of persons that will be subject to a new requirement
will be minimal.
economic impact
S. 1640 would not have an adverse economic impact on the
Nation. Preventing injuries caused by fires due to portable
fuel containers without flame arrestors will reduce the
estimated $1.5 billion in flammable liquid injuries that occur
each year.
privacy
S. 1640 would not have any adverse impact on the personal
privacy of individuals.
paperwork
S. 1640 would not increase paperwork requirements for
private individuals or businesses.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Sec. 1. Short title.
This section would provide that the bill may be cited as
the ``Portable Fuel Container Safety Act of 2019''.
Sec. 2. Performance standards to protect against portable fuel
container explosions near open flames or other ignition
sources.
Subsection (a) would require the CPSC to promulgate a final
rule requiring flame mitigation devices in portable fuel
containers that impede the propagation of flame into the
container.
Subsection (b) provides that the rule be promulgated
pursuant to section 553 of the Administrative Procedure Act\14\
and that the rule would be treated as a consumer product safety
rule under section 9 of the Consumer Product Safety Act.\15\
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\14\Public Law 79-404; 60 Stat. 237.
\15\15 U.S.C. 2058.
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Subsection (c) would also allow for an exception to the
requirement that the CPSC promulgate this rule if it
determines: (a) there is a voluntary standard for flame
mitigation devices in portable fuel containers that impedes the
propagation of flame into the container; (b) the voluntary
standard will be in effect no later than 18 months after the
date of enactment; and (c) the voluntary standard is developed
by ASTM International or another such development organization
that the CPSC determines has met the intent of the Act.
Subsection (d) provides that this CPSC determination would be
published in the Federal Register and would be treated as a
consumer product safety rule under section 9 of the Consumer
Product Safety Act\16\ beginning either 180 days after
publication of the CPSC's determination or on the effective
date contained in the voluntary standard.
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\16\Id.
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Subsection (e) would require that the CPSC be notified if
an organization subsequently revised the voluntary standard.
The revision would take effect no later than 180 days after the
CPSC is notified, unless the CPSC determines that the revised
voluntary standard does not meet the requirements necessary to
be an exception to the rule promulgated by this Act.
Subsection (f) would allow the CPSC to modify the
requirements of this Act to include any additional provisions
that it deems reasonably necessary to protect public health or
safety.
Subsection (g) would also require the CPSC to undertake a
campaign to educate consumers about the dangers associated with
using or storing portable fuel containers for flammable liquids
near an open flame or source of ignition. The CPSC must submit
a summary of actions taken to further this campaign.
Subsection (h) would define the term ``portable fuel
container''.
Subsection (i) would limit this Act's rule of construction
to preclude conflict with the Children's Gasoline Burn
Prevention Act.\17\
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\17\Public Law 110-278.
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Sec. 3. Children's Gasoline Burn Prevention Act.
This section would amend section 2(c) of the Children's
Gasoline Burn Prevention Act to insert after ``for use by
consumers'' the following: ``and any receptacle for gasoline,
kerosene, or diesel fuel, including any spout, cap, and other
closure mechanism and component of such receptacle or any
retrofit or aftermarket spout or component intended or
reasonably anticipated to be for use with such receptacle,
produced or distributed for sale to or use by consumers for
transport of, or refueling of internal combustion engines with,
gasoline, kerosene, or diesel fuel.'' This amendment would take
effect 6 months after enactment of this Act.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
CHILDREN'S GASOLINE BURN PREVENTION ACT
[15 U.S.C. 2056 note; Pub. L. 110-278]
* * * * * * *
SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.
(a) * * *
(b) * * *
(c) Definition.--As used in this Act, the term ``portable
gasoline container'' means any portable gasoline container
intended for use by consumers and any receptacle for gasoline,
kerosene, or diesel fuel, including any spout, cap, and other
closure mechanism and component of such receptacle or any
retrofit or aftermarket spout or component intended or
reasonably anticipated to be for use with such receptacle,
produced or distributed for sale to or use by consumers for
transport of, or refueling of internal combustion engines with,
gasoline, kerosene, or diesel fuel.
(d) * * *
* * * * * * *