In December, EPA expects to issue a regulation for reporting flammable fuels under Section 112(r) of the Clean Air Act to codify a recently enacted law. Additionally, EPA and the National Propane Gas Association expect to file a joint motion on or about Dec. 8 to dismiss a lawsuit that stayed RMP reporting for ALL stationary sources holding propane above the 10,000 pound threshold, regardless of how it was used or distributed. The court is expected to lift the stay within 10 days of receipt of the motion to dismiss. The judicial stay applied only to propane facilities (regardless of type).

The recently enacted Chemical Safety Information, Site Security and Fuels Regulatory Relief Act established new provisions for ALL flammable fuels. Under the law, as of Aug. 5, 1999, flammable substances used as fuel at any type of facility OR held for sale as fuel at a retail facility no longer are covered by the Clean Air Act Risk Management Program. However, flammable fuels used as a feedstock to produce something else or held for sale as fuel at a non-retail facility, such as a wholesale operation, terminal, or manufacturing site, still are covered.

Under Section 112(r) of the CAA, by June 21 certain facilities were required to have in place a risk management program and submit a summary of that program - called a Risk Management Plan (RMP) - to EPA.

A. As of Aug. 5, 1999, requirements for flammable fuels used as fuel or held for sale as fuel by retailers were no longer covered under the Clean Air Act Section 112(r). The regulation merely codifies the law's provisions. Therefore, the regulation will be effective immediately.

A. The purpose of the administrative stay was to relieve certain fuel facilities from RMP coverage while EPA completed the work necessary to create a permanent exemption for facilities having up to 67,000 pounds of flammable fuel in a process. The Chemical Safety Information, Site Security and Fuels Regulatory Relief Act, reached further than the scope of the administrative stay, since it 1) removed from RMP coverage ALL listed flammable substances when used as a fuel or held for sale as a fuel at a retail facility, and 2) had no eligibility threshold. The new law in effect rendered EPA's Administrative stay moot. Because the stay will expire on Dec. 21, EPA will not publish notice withdrawing the stay.

A. No. There will be no phase-in period for facilities with propane that will still be covered under Section 112(r). Assuming the court lifts the judicial stay for propane as expected, facilities that use propane as a feedstock to produce something else or hold propane for purposes other than on-site fuel use at a non retail facility must immediately come into compliance with Section 112(r) of the Clean Air Act.

A. No. Only facilities that were required to submit RMPs for Program 2 and Program 3 process by June 21, 1999, must hold a meeting.

For more information, contact the EPCRA Hotline at (800) 424-9346 or (703) 412-9810.