How did the January 6, 1998, final rule (63 FR 640) affect the definition of stationary source, as it relates to the transportation exemption?
The January 6, 1998 final rule amended the regulatory definition of stationary source by removing previous references to “active shipping papers” and “temporary storage” and by clarifying that transportation includes, but is not limited to, transportation in pipelines subject to oversight or regulation under 49 CFR Parts 192, 193, or 195, or a state natural gas or hazardous liquid program for which the state has in effect a certification to the Department of Transportation under 49 U.S.C. 60105 (40 CFR Section 68.3). Preamble language in the same rule further clarifies when a container is considered to be in transportation. A container is in transportation and excluded from the definition of stationary source, when it is attached to the motive power (e.g., a truck or locomotive) that delivered it to the site (63 FR 643; January 6, 1998). Conversely, a container detached from the motive power that delivered it to the site is included as a part of the stationary source.
