RMP’s “Stationary Source” and “Incident to Transportation” exemption challenged

A facility buys anhydrous ammonia in railcar quantities, which the Railroad delivers the ammonia to its site, after which it is off-loaded either into “bulk trucks” for delivery, or to stationary ammonia storage tanks. The anhydrous ammonia eventually is sold as both a refrigerant and fertilizer. The company filed a “Tier II Report” identifying its operation under the standard industrial code 42269. These admissions by respondent establish that its facility is a stationary source.

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