§2056d Performance Standards to Protect Against Portable Fuel Container Explosions Near Open Flames or Other Ignition Sources

Summary

Requires the Consumer Product Safety Commission to create a final rule, within 30 months after December 27, 2020, that requires portable fuel containers to have flame‑mitigation devices that stop flame from getting into the container. The rule must follow the normal federal rulemaking process and will count as a consumer product safety rule. If a voluntary standard from ASTM or a similar group is in place and effective no later than 18 months after December 27, 2020, and the Commission finds it meets the same goals, that voluntary standard can take the place of the mandatory rule for those containers. The Commission must publish any such decision in the Federal Register. When a voluntary standard is treated as a safety rule, it becomes enforceable on the later of 180 days after that publication or the standard’s own effective date. If the voluntary standard is revised, the standards group must tell the Commission after final approval; the revised standard becomes enforceable as a safety rule no later than 180 days after notice unless the Commission says within 90 days that it does not meet the requirements. The Commission may later start rulemaking to change or add requirements to better protect the public from flame jetting. The law also requires the Commission to run a public education campaign about the dangers of using or storing portable fuel containers near open flames or other ignition sources within 1 year after December 27, 2020, and to send Congress a summary of actions taken within 2 years after that date. A “portable fuel container” here means a consumer container 5 gallons or less, meant for flammable fuels with flash points under 140 °F (like gasoline, kerosene, diesel, ethanol, methanol, denatured alcohol, or biofuels), including its spout and caps, that the manufacturer knows or should expect consumers to use for carrying, storing, or pouring fuels. The section must not be read to conflict with the Children’s Gasoline Burn Prevention Act, and an amendment related to that Act takes effect 6 months after December 27, 2020.