A North Carolina Administrative Law Judge found that railcars on a “siding” are a “stationary source,” as such, if they contain an EHS over the RMP threshold, they fall under EPA’s Risk Management Plan. This is in line with EPA’s recently proposed changes wanting to apply a 48-hour time frame to the term “storage, not incident to transportation” based on DOT and PHMSA, Carriage by Rail regulations at 49 CFR 174.14(a), which indicate rail carriers must forward each shipment of hazardous materials promptly within 48 hours after acceptance or receipt.
A carrier must forward each shipment of hazardous materials promptly and within 48 hours (Saturdays, Sundays, and holidays excluded), after acceptance at the originating point or receipt at any yard, transfer station, or interchange point, except where biweekly or weekly service only is performed, a shipment of hazardous materials must be forwarded on the first available train.
According to EPA, a stationary railroad car on a siding containing RMP-listed EHSs will be considered a “stationary source” after 48-hrs. The “Storage, not incident to transportation” exemption would no longer apply, so the RR would need to submit an RMP for the railcars to the EPA.
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