How does the law affect the judicial stay on propane issued by the U.S. Court of Appeals or the administrative stay on flammable hydrocarbon fuels published by EPA?
A. The law does not directly affect the judicial stay on propane. The law and judicial stay are generally consistent as both provide relief to propane facilities. However, there are differences between the two. First, the law is permanent while the judicial stays is temporary and can be lifted by the court at any time. Second, the law applies to all listed flammable substances that are used as a fuel or held for sale as a fuel at a retail facility, while the judicial stay applies only to propane facilities (regardless of type). The law essentially makes the administrative stay moot. 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 law reaches farther than the scope of the administrative stay, since it 1) removes from RMP coverage all listed flammable substances when used as a fuel or held for
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