Here's what I have found out on the law so far....and it was a LONG, dry read ..
(49 U.S.C. 5124) This federal code is a general rule and applies to ALL hazmat transportation.
Here is where they might get you for refilling 1 pounders....
The one pound tank does not have cylinder test date stamped on the bottle. Therefore it cannot be refilled and then transported legally. If you have a 5 pounder that is out of date, the same rules will apply. If you refill it, you cannot transport it. If you are caught the same penalties could apply as with the one pound bottle. Now of course they will have to prove you refilled it. If you don't admit to it, there is very little then can do to prove it.
Most of the regulation is pertaining to the release of hazardous materials. If you transport an up-to-date 20 pounder unsecured or laying on its side, and it bounces out of your pickup bed, and someone hits it and blows them up, you can be charged under (49 U.S.C. 5124). If you transport gasoline in an unapproved container, (49 U.S.C. 5124) could apply. If you transport used motor oil to the recycler in an old milk jug, (49 U.S.C. 5124) could apply.
Now it could be argued that (49 U.S.C. 5124) only applies to interstate commerce.....
(b) Regulations for Safe Transportation.—(1) The Secretary shall prescribe regulations for the safe transportation, including security, of hazardous material in intrastate, interstate, and foreign commerce. The regulations—
(A) apply to a person who—
(i) transports hazardous material in commerce;
(ii) causes hazardous material to be transported in commerce;
(iii) designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
(iv) prepares or accepts hazardous material for transportation in commerce;
(v) is responsible for the safety of transporting hazardous material in commerce;
(vi) certifies compliance with any requirement under this chapter; or
(vii) misrepresents whether such person is engaged in any activity under clause (i) through (vi);
Of course State or local law could apply also.
(49 U.S.C.) goes on and on. Deals with background checks for Hazmat truck drivers and issues with labeling and packaging. If you want to read it, I suggest a full pot of coffee before you start!
www.gpo.gov/fdsys/pkg/USCODE-2011-title49/html/USCODE-2011-title49-subtitleIII-chap51.htm Now, for a good argument against filling disposables. This is a Canadian study called...
"Feasibility Study of Comprehensive Collection and Recycling Programs for Single-use Propane Cylinders in Canada".
In this 2006 study I found this....
"There are two main differences between refillable cylinders and non-refillable cylinders. Refillable cylinders are uniformly heat-treated after all forming and welding operations. The steel is thicker and the cylinder is equipped with an overflow protection device. Heat treatment increases the elasticity of the cylinder allowing it to be refilled time after time. A single-use cylinder cannot be refilled because their structure is such that they will rupture when under the stress of refilling".
https://www.nrcan.gc.ca/sites/www.nrcan.gc.ca/files/mineralsmetals/pdf/mms-smm/busi-indu/rad-rad/pdf/prop-tan-fr-eng.pdf The refill adapters in Canada, or at least some provinces, are in fact illegal.
I went out and checked some of my one pounders. I found 2 of them that are slightly bulged above and below the middle seam. You can feel it better then you can see it, but it is noticeable.
Those two will be disposed of when empty.
I will still refill my one pounders as needed, but will limit to 2 or 3 refills. Will definitely keep a close eye on them. I will end up getting a couple of refillable ones. Which will also have an test date good for 12 years from new. But with the 5 pound tank I have now, i won't need them as often. Just for lanterns and torch.
I don't like to throw away anything that is still useful. And the cost to recycle a one pound tank is more then the price to make a new one. What it will come to is you will have to pay an up front disposal fee for every one you buy. That, and I don't like paying 13 dollars a gallon for propane. That's what you pay around here when you buy disposables.
