On January 9, the Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice in the Federal Register announcing that Worthington Enterprises was seeking a determination as to whether a new California law prohibiting the sale of small single-use propane cylinders is preempted by federal law.
Worthington Enterprises manufactures small single-use propane cylinders and opposed SB 1280 (Laird, Chapter 466, Statutes of 2024), which requires all small 1lb propane cylinders sold in California to be reusable or refillable beginning January 1, 2028. That bill was strongly supported by RCRC, local governments, and the solid waste industry because of the cost and safety hazards posed by the management and disposal of single-use cylinders. In particular, the cost for local governments to manage discarded single use propane cylinders can often approach or exceed the initial purchase price that consumers pay at the point of sale. RCRC’s letter on SB 1280 can be found HERE.
PHMSA is seeking stakeholder comment as to whether SB 1280 is preempted as departing from federal requirements on the design, manufacturing, or maintaining of a container used for the transportation of hazardous materials.
This announcement comes shortly after PHMSA asserted authority over two Santa Barbara County oil and gas pipelines at the request of Sable Offshore Corp, thereby overriding state and local refusals to allow the company to restart its pipeline system.
For more information, contact RCRC Senior Policy Consultant, John Kennedy.