NEW EPA RULINGS ON PORTABLE FUEL CARRIERS

Is Your Convenience Store Ready?

On January 1st, 2009, the Environmental Protection Agency will enact into law nationwide the EPA/CARB ruling
severely restricting traditional gas cans—as well as convenience store owners. As part of the EPA’s new Mobile
Source Air Toxic (MSAT) regulations, the act calls for new standards in portable fuel carriers for hydrocarbon
emissions—standards that have led to gas can price increases by 2 ½ to 3 times the previous cost. 

The cost of noncompliance to the EPA rulings is extremely high—in investigations carried out by the California 
Air Resources Board (CARB) between 2003-2007, Wal-Mart was found to have allowed over 3,000 illegal gas cans to
be sold—Wal-Mart was subsequently fined $250,000 by CARB, according to Business and Legal Reports at 
Enviro.BLR.com. And, Wal-Mart got off easy—initially, CARB sought the maximum fine of $500 for each violation,
compared to the settled-upon fine of $83 for each violation. 

So breaking the law isn’t cheap, but neither will be buying the legal traditional gas cans. The new act calls for standards
“based on the performance of best available control technologies, such as durable permeation barriers, automatically closing
spouts, and cans that are well-sealed…” according to the final EPA ruling. Many states are currently required to use these 
so-called CARB compliant cans but come January 1, 2009 the old cheaper cans will be illegal.  And, as an added cost to the 
EPA/CARB compliant gas cans typically require the purchase of a funnel or extra nozzle extension for use in cars in order to work
properly—despite the fact that the majority of gas cans bought in convenience stores are used for on-road fueling of cars. 

A smart alternative to expensive EPA/CARB compliant gas cans is the ItzaGasCan.  It is a flexible plastic container in a collapsed
cardboard box and it is exempt from the EPA/CARB rulings because of its one-time emergency use purpose. The price is lower, 
there are no extra parts required. It saves space in the convenience store shelf and on the distributors
trucks and warehouse floors.

Although this law takes effect January 1, 2009 it is likely that supply for traditional cans will taper off before that. Convenience
store owners across the country will be faced with the immediate effects of these EPA rulings. Gas cans will be much more costly, 
and the price of noncompliance will be extremely high. Will your convenience store be ready? 

ItzaGasCan is a trademark of L&W Innovations, LLC of Parker, CO