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.
EPA believes this provision would clarify for regulated parties and implementing agencies on whether a transportation container used for onsite storage must be incorporated into a facility’s risk management plan. EPA is proposing to apply a 48-hour time frame to this term based on the Department of Transportation (DOT), Pipeline and Hazardous Materials Safety Administration, 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.
EPA seeks comment on this 48-hour time frame, suggestions for other appropriate time frames, and any safety concerns that may arise from transportation containers being exempt from the RMP regulations when disconnected for less than 48 hours. The 48 hours would be the total time, such that a railyard could not move a rail car around in the railyard using a mobile railcar mover to start the clock again.
EPA is also proposing to modify the definition of a stationary source to further clarify “storage incident to transportation” in 40 CFR 68.3 by adding an explanation to the transportation container language in the stationary source definition. The proposed regulatory text would add examples of what a transportation container could be, such as a truck or railcar, and that for RMP purposes, railyards and other stationary sources actively engaged in transloading activities may store regulated substances for up to 48 hours total in a disconnected transportation container without counting the regulated substances contained in that transportation container toward the regulatory threshold.
Source: https://www.regulations.gov/document/EPA-HQ-OLEM-2022-0174-0003