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On December 5, 2006, the Commission voted to issue an advance notice of proposed rulemaking (ANPRM) under the Consumer Product Safety Act (CPSA) concerning portable generators. The ANPRM discusses regulatory options that could reduce deaths and injuries related to portable generators, particularly those involving carbon monoxide (CO) poisoning. The ANPRM was published in the Federal Register on December 12, 2006. Staff reviewed public comments and conducted technical activities. In FY 2006, staff awarded a contract to develop a prototype generator engine with reduced CO in the exhaust. Also in FY 2006, staff entered into an interagency agreement (IAG) with the National Institute of Standards and Technology (NIST) to conduct tests with a generator, in both off-the-shelf and prototype configurations, operating in the garage attached to NIST's test house. NIST's test house, a double-wide manufactured home, is designed for conducting residential indoor air quality (IAQ) studies, and the scenarios tested are typical of those involving consumer fatalities. These tests provide empirical data on CO accumulation in the garage and infiltration into the house; staff used these data to evaluate the efficacy of the prototype in reducing the risk of fatal or severe CO poisoning. Under this IAG, NIST also modeled the CO infiltration from the garage under a variety of other conditions, including different ambient conditions and longer generator run times. In FY 2009, staff entered into a second IAG with NIST with the goal of developing CO emission performance requirements for a possible proposed regulation that would be based on health effects criteria. In 2011, staff prepared a package containing staff and contractor reports on the technology demonstration of the low CO emission prototype portable generator. This included, among other staff reports, a summary of the prototype development and durability results, as well as end-of-life emission test results performed on the generator by an independent emissions laboratory. Staff's assessment of the ability of the prototype to reduce the CO poisoning hazard was also included. In September 2012, staff released this package and solicited comments from stakeholders.

In October 2016, staff delivered a briefing package with a draft notice of proposed rulemaking (NPRM) to the Commission. In November 2016, the Commission voted to approve the NPRM. The notice was published in the Federal Register on November 21, 2016, with a comment period deadline of February 6, 2017. In December 2016, the Commission voted to extend the comment period until April 24, 2017, in response to a request to extend the comment period an additional 75 days. The Commission held a public hearing on March 8, 2017, to provide an opportunity for stakeholders to present oral comments on the NPRM. 

Two voluntary standards now include requirements intended to address the CO poisoning hazard. Staff is assessing those standards, and in FY 2019 staff will prepare a final rule briefing package presenting staff's assessment and staff will deliver it to the Commission.

Statement of Need:

Summary of the Legal Basis:

Alternatives:

The Commission could (1) have less stringent (higher allowable) CO emission rates; (2) limit coverage to one-cylinder engines, exempting portable generators with two-cylinder, class II engines from the proposed rule; (3) mandate alternate means of limiting consumer exposure which could include automatic shutoff systems; (4) require different (longer) compliance dates; (5) implement informational measures; or (6) take no action to establish a mandatory standard.

Anticipated Costs and Benefits:

The average present value of expected benefits per unit is $227. The cost to manufacturers and the lost consumer surplus amounts to an average of $116 per unit. The average net benefits (benefits minus costs) are $110 per unit. The aggregate net benefits from annual sales are $144.6 million.

Risks:

As of June 14, 2017, CPSC databases contained reports of at least 849 generator-related consumer CO-poisoning deaths resulting from 629 incidents that occurred from 2005 through 2016.