Currently, under 40 CFR 68.3, the term “stationary source” does NOT apply to transportation activities, including storage incident to transportation for any regulated substance or any other extremely hazardous substance. A stationary source does include transportation containers connected to loading/unloading equipment or used for storage, not incident to transportation. Still, the term “storage, not incident to transportation” is not defined in the RMP regulations. Preamble language and responses to frequently asked questions posted on the Agency’s website clarify that a container is considered to be in transportation as long as it is attached to the motive power ( e.g., truck or locomotive) that delivered it to the site. If the tank car is detached from the motive power and therefore no longer in transportation, the contents of the tank car must be considered in the threshold determination.
EPA is proposing additional regulatory language that includes a specified number of hours a transportation container may be disconnected from the motive power that delivered it to the site BEFORE being considered part of the stationary source.