On September 8, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHSMA) announced that it determined “California’s radical ban on single-use propane cylinders [was] unlawful.”
Senate Bill 1280 (Laird) of 2024 would have prohibited the sale of single-use small propane cylinders beginning January 1, 2028, instead requiring retailers to shift to reusable or refillable cylinders that are already in the marketplace. The bill was sponsored by the California Product Stewardship Council and strongly supported by RCRC and a large coalition of local governments and solid waste industry stakeholders.
RCRC and other local governments supported SB 1280 because small, disposable propane cylinders are very expensive for cities and counties to manage in the waste stream, with disposal costs often approaching or exceeding the cost consumers pay for the full containers at the point of sale. These create significant cost pressures for local governments where large quantities of those cylinders are used for recreational purposes.
Worthington Industries, the predominant manufacturer of single-use propane cylinders, petitioned PHSMA to determine that SB 1280 was preempted by the Federal Hazardous Materials Transportation Act (HMTA). While RCRC and CPSC urged PHSMA to reject that petition, PHSMA issued its determination in favor of Worthington Industries on September 8.
While PHSMA’s press release indicates that the preemption determination will keep costs down for consumers and is “protecting American families from pointless laws,” the status quo will ensure that California’s local governments and taxpayers continue to pay as much to properly dispose of used propane cylinders as it costs residents to purchase those items to begin with.
For more information, contact RCRC Senior Policy Advocate, John Kennedy.