California AG Defends State Ban on Disposable Propane Cylinders Against Federal Preemption Challenge

Press release from the Office of Attorney General Rob Bonta:

California Attorney General Rob Bonta submitted a comment letter to the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA), opposing a request by Worthington Enterprises, Inc. (Worthington), a propane cylinder manufacturer, for PHMSA to make an administrative determination that a California law is preempted by the Hazardous Materials Transportation Act (HMTA). Senate Bill 1280 (SB 1280) prohibits, with limited exceptions, the sale in California of certain non-reusable and non-fillable propane cylinders beginning on January 1, 2028. Disposable propane cylinders are single-use, generally one-pound containers used in applications like camping stoves, portable heaters, and lanterns. When disposed, they pose significant explosion and fire risk, environmental and health impacts, and a costly burden on local governments to safely manage. The purpose of California’s law is to reduce the volume of propane cylinders that are being improperly disposed of in municipal landfills and that threaten waste pickup and landfill workers’ safety and environmental harm. In the letter, Attorney General Bonta defends California’s propane cylinder reusability requirement against Worthington’s preemption arguments.

“Disposable cylinders create safety risks for workers, are expensive to safely manage, and create unnecessary waste and emissions. SB 1280 will protect workers from injury in explosions and save local governments millions of dollars,” said Attorney General Bonta. “California’s law is a commonsense measure, and we stand firmly behind the law and the people it protects.”

Worthington manufactures and sells single-use propane cylinders that will no longer be permitted for sale in California starting in 2028. Worthington contends that California’s reusability requirement is preempted by the HMTA because it allegedly imposes additional requirements on how cylinders containing propane must be designed and prohibits certain single use cylinder designs authorized by PHMSA’s hazardous materials regulations. Worthington also argues that California’s reusability requirement is an obstacle to PHMSA accomplishing and carrying out the HMTA because the requirement undermines uniformity in federal hazardous material regulation, imposes an economic burden on cylinder manufacturers, and undermines the HMTA’s safety objectives by removing propane cylinders with a proven safety record from the market.

In the comment letter, Attorney General Bonta counters Worthington’s claims and defends California’s propane cylinder reusability requirement by arguing that:

• California’s reusability requirement advances important interests for California’s workers, residents and the environment. Of the approximately 4 million one-pound propane cylinders currently sold in California every year, an estimated 3 million enter municipal waste streams, even though they are legally considered hazardous waste if they contain any residual propane. Some of the 3 million cylinders sent to ordinary landfills do contain residual gas, which can cause explosions that injure municipal waste and recycling workers. The residual propane also leaks into landfills and creates greenhouse gas emissions.
• Preemption principles weigh against preemption. State and local laws are preempted if they conflict with federal requirements. SB 1280’s reusability requirement does not conflict with any federal requirements regarding propane cylinders. SB 1280 is also not an obstacle to the purposes of the HMTA, which is to promote safety in the transportation of hazardous substances through uniform federal regulation. It is possible to comply with both state and federal requirements.
• Comments in favor of preemption raise concerns about SB 1280’s effect on industry and consumers. Refillable cylinders are already widely marketed and used in varying sizes as small as one pound.