ILMA Joins Coalition to Protect Fuel Additives from CPSC Fuel Container Regulation
ILMA has joined a coalition of trade associations urging the U.S. Consumer Product Safety Commission (CPSC) to reconsider the application of its Portable Fuel Container Safety Act (PFCSA) to pre-filled fuel additive containers.
Working alongside the Petroleum Packaging Council (PPC), the Household & Commercial Products Association (HCPA), and the Prefilled Fuel Container Industry Association (PFCIA), ILMA is working to secure regulatory relief and prevent supply disruptions.
Regulatory Background
In January 2023, the CPSC began requiring all portable fuel containers to be equipped with flame mitigation devices. Although the rule was originally set to take effect in July 2023, the agency delayed the enforcement for pre-filled fuel additive containers due to ongoing technical and supply constraints. Enforcement is currently delayed until July 12, 2025.
For further background and details on the rule and enforcement delays, please see:
ILMA Requests Extension of Enforcement Discretion
The coalition submitted a formal request to the CPSC seeking a 12-month extension of enforcement discretion for pre-filled fuel additive containers beyond the current deadline. The request emphasizes that:
- No commercially available flame mitigation devices are compatible with existing fuel additive packaging, raising a host of safety concerns.
- Premature enforcement may cause significant supply disruptions.
- The enforcement pause allows the CPSC to consider the pending petition to exclude fuel additive containers from the rule’s scope.
ILMA Supports Petition to Exclude Fuel Additive Containers
ILMA has voiced support for a petition filed by its coalition partners requesting that fuel additive containers be formally excluded from the regulation. These products were not intended to fall within the definition of portable fuel containers under the PFCSA.
Notably, the policy of the CPSC interprets the statute broadly, stating that:
“when a liquid with a flash point less than 140 degrees Fahrenheit is intended to be used as, or in, a fuel mixture to support combustion, it is a fuel under the definition of portable fuel containers as indicated by the PFCSA.”
ILMA maintains that this interpretation exceeds the statute’s legislative intent and textual limits, and risks misapplying the regulation to products outside the PFCSA’s intended scope.
Additionally, ILMA is advocating on Capitol Hill in support of the repeal of the PFCSA, introduced by Representative Chip Roy (TX-21). ILMA’s regulatory counsel is scheduled to meet with Texas Senators Ted Cruz and John Cornyn in June to discuss the need for a legislative or regulatory fix.
“The Association will continue working closely with coalition partners to ensure that ILMA members manufacturing automotive-related products with flash points below 140 degrees Fahrenheit––sold in pre-filled containers––are protected from regulatory overreach,” said ILMA CEO Holly Alfano.