California Propane Cylinder Reusability Mandate Preempted by Federal Law

What Changed

The Department of Transportation issued a notice that federal law preempts California's reusability mandate for propane cylinders. The mandate would have required all propane cylinders sold in California on or after January 1, 2028, to be reusable or refillable. The federal determination means carriers can continue to use cylinders that meet federal Hazardous Materials Regulations (HMR) without needing to satisfy the state requirement.

Who Is Affected

The preemption applies to carriers, manufacturers, and sellers of propane cylinders that are classified as DOT‑39 cylinders. It also affects any entity that sells or offers propane cylinders in California, including those that might have been planning to comply with the state mandate.

What Carriers Should Check

• Verify that the cylinders you transport are DOT‑39 and meet HMR specifications.
• Confirm whether your cylinders fall under the California exemptions, such as those under 15 ounces or with a height‑to‑width ratio of 3.55 or greater.
• Check that you are not relying on the California reusability requirement for compliance.
• Ensure your documentation reflects federal HMR compliance, not state mandates.
• Consult with legal counsel if you have questions about the preemption’s effect on your operations.

What Is Still Unclear