PHMSA “Preempts” California Reusability Mandate (And What That Means)

Sometimes, a US state creates a rule or regulation that conflicts with or encourages noncompliance with Federal hazmat transportation requirements. When that happens, it is the US DOT PHMSA’s responsibility to determine if existing Federal requirements preempt (and therefore invalidate) the State rule.

A manufacturer of non-reusable and non-refillable propane cylinders subject to a reusability mandate in California asked PHMSA to determine whether Federal laws and/or regulations preempt the state’s mandate.

The Agency has officially determined that Federal requirements do preempt California’s reusability mandate.

How do Federal requirements preempt California’s mandate?

According to PHMSA, California’s reusability mandate imposes localized design and manufacturing requirements on a container that is represented, marked, certified, or sold as qualified for use in the transportation of a hazardous material that are not substantively the same as the requirements in the HMR.

Additionally, by banning a Federally authorized, safety-compliant packaging based on localized waste management preferences, California creates a fragmented regulatory patchwork that undermines the primacy and uniformity of the Federal transportation safety framework.

More on Federal Preemption and Other Instances

To see the Federal pre-emption rules for hazardous materials, see 49 U.S.C. 5125. Other Lion News articles about instances of PHMSA preemption determinations:

• PHMSA Affirms Preemption of NYC’s Hazmat Permit Fee
• PHMSA Preempts Washington State Crude-by-Rail Rule

Hazmat Training for Managers and Employees

Lion provides hazmat training required to ship or transport hazardous materials by ground, air, or vessel, as well as material-specific hazmat training and operations-level hazmat training. Find the right training for you and your team at Lion.com/Hazmat.