It’s no secret that propane is a heavily regulated industry, providing safety and peace of mind for both the consumer and the employees who handle the fuel. Adherence by propane marketers to industry codes and regulations is paramount for keeping people safe and avoiding legal issues. To assist marketers in this endeavor as regulations change and evolve over time, BPN believes in the importance of providing need-to-know updates to the industry. This year, we reached out to Eric Kuster, senior vice president of safety, education and compliance for the Propane Education & Research Council (PERC), to gain insights into what marketers need to be paying close attention to. Ahead, read Kuster’s advice for navigating safety and compliance in 2025.
Are there recent updates to codes and/or compliance rules that need to be top of mind for the industry?
NFPA 54 and 58 were both updated at the start of 2024, and both are very impactful to industry operations and are what most of the PERC Educational Program (PEP) is based on. One item that marketers should be on top of is the new Chapter 16 that was added last year to NFPA 58 covering the installation of LP gas systems on mobile food facilities — such as food trucks — regarding the design and installation of the propane container, the piping and appliances. The new chapter includes annual documented leak check and training requirements for operators. PERC has developed a training program for fillers and operators of mobile food facilities that is available in The Learning Center, and marketers should be aware of how the new requirements may affect their operations.
What can marketers do on their end to navigate the compliance landscape?
The National Propane Gas Association (NPGA) is really the point agency for the industry when it comes to code and regulatory changes and issues in the industry. PERC’s role is to take those codes and regulations and develop educational materials that help the industry understand and comply with these standards. State associations are the tip of the spear on state-specific regulations. Marketers should look at all three organizations for resources around codes and compliance issues or questions. There are newsletters and alerts that all three organizations send out. The comprehensive compliance manual found in the “resources” section of The Learning Center is a great place to access information on most compliance issues the industry faces.
Are there any tricky spots marketers might run into?
One thing that we have seen is a marked increase in propane electrical generation, in both permanent and mobile applications. This is good news for the industry, but there aren’t always comprehensive regulations and standards that cover these types of applications. For example, mobile electric generation units fall under Department of Transportation (DOT) regulations, National Fire Protection Association (NFPA) standards, and Occupational Safety and Health Administration (OSHA) regulations, which can be contradictory or silent on several issues. Layer on top of these specific manufacturers’ requirements and this can lead to confusion of field staff when installing or filling these types of units, as typical rules may not apply or be different from what one would expect in certain situations.
With a new administration and a Republican-controlled Congress in place, are there any potential policy shifts PERC is keeping an eye on in the compliance sector?
PERC is certainly keeping an eye on policy shifts, and I think we can assume there will be changes made, but I think it is premature to discuss anything specific. Some will be at the federal level, which can have an immediate impact, especially regarding DOT and OSHA. But many of the regulations that apply to operational aspects of the industry are based on codes and standards that are association-based and have longer review cycles like NFPA 54 and 58. So we may not see an immediate impact to most of the day-to-day operations from the changes in Washington.
How is PERC working to communicate with marketers on codes and compliance updates for 2025 and beyond?
PERC has compliance information in The Learning Center that includes a comprehensive compliance manual that covers several different compliance issues, as well as our monthly “Safety Matters” and “Training Tuesdays” newsletters that update marketers on new educational programs, compliance and safety issues. PERC also hosts an annual National Propane Education & Training Conference, where industry professionals are updated on the latest code, regulatory and educational/training programs. Of course, PERC works closely with state associations on any compliance information that would affect their membership. Additionally, NPGA and PERC meet regularly to discuss code and compliance issues. NPGA staff attend PERC’s Advisory Committee meetings and PERC staff attend NPGA’s Technology, Standards and Safety Committee meetings, so there is good communication there.
What else are you keeping an eye on as we head further into 2025?
I am really looking at new technology in areas like renewable propane, propane engines, combined heat and power units, agricultural applications and electric generation. These technologies are being developed and implemented at a much faster pace than regulations and codes can change to address them. To capitalize on these opportunities, we are going to have to work very closely with development organizations and manufacturers to ensure safety issues are addressed and adequate education and training materials are available. This will require us to rethink how we develop programs, especially when we do not have existing regulations or standards that fit these new applications.
Anything else you’d like to add?
I think it is essential for marketers to be involved in code and regulatory organizations and discussions to make their voices heard. Whether it be on a local, state or national level, if the industry is not robustly represented, decisions can be made that negatively impact our businesses and livelihoods. I would encourage marketers to contact their state association, NPGA or PERC to see how you can get involved to help educate and guide regulatory and standard organizations on the thing you know better than anyone else: how to safely and effectively operate your business.
