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Supply, Marketing, Distribution, Transportation & Logistics News & Information
August 2017 Issue

API Welcomes EPA Action to Put an Administrative Stay on the Agency’s Risk Management Plan Rule

March 15, 2017 •

API Downstream Group Director Frank Macchiarola said that the U.S. Environmental Protection Agency’s (EPA’s) action to put an administrative stay on the agency’s Risk Management Plan Rule is important to protecting the security of industrial facilities throughout the country.

 

“This is an important step for providing regulatory certainty and supporting safety and security in the oil and natural gas industry,” said Macchiarola. “Now Congress must act to repeal this unnecessary rule, as the rule misses the mark on improving the safety and security of our nation’s energy infrastructure.” 

 

“We look forward to working with the new administration and Congress on forward-looking energy policies that recognize America’s oil and natural gas production and refining industry as part of the solution to our nation’s economic, environmental and energy security goals.”

 

Where fuels are concerned, the EPA provides the following guidance: “Unless your facility meets the definition of a ‘retail facility,’ if you hold a listed flammable substance for purposes other than on-site use as fuel, you are potentially covered by part 68. For example, if you manufacture a listed flammable fuel, use it as a chemical feedstock or store it in bulk for sale and do not meet the definition of a retail facility, you may be covered by the rule. If you store a listed flammable Chapter 1 General Applicability 1-4 substance for non-fuel use and also use some of it on-site as a fuel, the quantity used as a fuel is not covered; the quantity not used on-site as a fuel is potentially subject to the rule. If you are a retailer who sells a flammable fuel and a listed toxic substance, the toxic substance is potentially subject to the rule, but the flammable substance is excluded from coverage.”

 

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