Questions and Answers

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Questions and AnswersKeyword(s)Category(hidden - contains search text)(hidden - contains search text)FedFac
Toxic Chemical List2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19039 19-039 39 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Toxic Chemical List 39. Is a feed company that is regulated by the Food and Drug Administration (FDA) exempt from filing Form R under Section 313?No. EPCRA section 313 applies to any facility that meets all the applicable criteria (40 CFR Section 372.22). There is no specific exemption for facilities or toxic chemicals regulated by the FDA.</div></b><div style="visibility:hidden"></div></b>-
Process; Threshold Determination; Waste2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19148 19-148 148 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold); Waste 148. Would an EPCRA section 313 chemical present in compressed air be exempt under the “intake water and/or air” exemption under EPCRA section 313? What if the same chemical is present in process emissions?The “intake water/air” exemption of EPCRA section 313 (40 CFR 372.38(c)(5)) exempts the use of EPCRA section 313 chemicals present in air used either as compressed air or as a part of combustion. The quantity of EPCRA section 313 chemical present in the compressed air drawn from the environment would be exempt from threshold determinations. If that same chemical is present in air emissions only because it was in the compressed air fed to a piece of equipment or process, then it would also be exempt from release and other waste management calculations under EPCRA section 313.</div></b><div style="visibility:hidden"></div></b>Y
Byproduct; De minimis Exemption; Impurity; Mixture; Waste2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19249 19-249 249 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Byproduct (Coincidental Manufacturing); De minimis Exemption; Impurity (Impurities); Mixture (Mixtures); Waste 249. Does the de minimis exemption apply regardless of whether a listed non-PBT chemical is present in a mixture as an impurity or separated out as a byproduct? Does it apply to toxic chemicals in waste?The de minimis exemption may be considered for non-PBT chemicals that are manufactured as impurities that remain in the product for distribution. The de minimis exemption does not apply to listed toxic chemicals that are manufactured as a byproduct regardless of whether the byproduct is a waste.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Fume or Dust2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19258 19-258 258 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Fume or Dust 258. A facility generates metal dust when it processes sheet metal. Each dust particle is actually an alloy containing more than one type of metal (e.g., chromium and aluminum). If the toxic chemical in the metal is listed with a qualifier which includes dust (e.g., aluminum), does EPA consider the dust particle the listed toxic chemical?In this example, EPA considers metal dust particles, which contain aluminum in the dust form, a listed toxic chemical. Therefore, that weight percentage of the metal dust which is aluminum would be subject to threshold determinations and release and other waste management reporting as aluminum dust.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption; Solvent Recovery2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19265 19-265 265 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Solvent Recovery 265. A covered facility receives a spent solvent, recovers the solvent and sells the recovered solvent in commerce. Is the recovered solvent considered a waste, and if not, is the reusable solvent considered a product? At what point might the solvent be eligible for the de minimis exemption?The recovery facility must consider the amount of the material that it feeds into the recycling operation toward the facility’s processing threshold. The solvent is part of a waste (not usable in the form received) and therefore the amount processed is not eligible for the de minimis exemption until the recovery is complete and the solvent is no longer subject to further waste management activities. Once the recovery is complete, the solvent is no longer a waste and thus the recovery facility may take the de minimis exemption for amounts of non-PBT chemicals subsequently prepared for distribution in commerce. The purchasing facility considers the recovered solvent as a new product and its subsequent use of the solvent may be eligible for the de minimis exemption. However, if the amount of solvent processed prior to the point of which it was eligible for the de minimis exemption was enough to exceed a reporting threshold, the fact that the solvent subsequently became eligible for the de minimis exemption does not remove the reporting requirement.</div></b><div style="visibility:hidden"></div></b>-
Threshold Determination2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19315 19-315 315 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Threshold Determination (Activity Threshold) 315. Can the exempted uses of a toxic chemical remain exempted even if other formulations, articles, or fuels with the same listed toxic chemical are not exempt?Yes, the toxic chemical retains its exemption. Exempted uses of a listed toxic chemical do not need to be reported, even if other (non-exempted) uses of the same listed chemical trigger thresholds at the facility.</div></b><div style="visibility:hidden"></div></b>-
Office Supplies; Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19316 19-316 316 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Office Supplies; Personal Use Exemption 316. Do office supply type products require coverage under EPCRA section 313 reporting?EPA does not intend to require covered facilities to account for listed toxic chemicals in typical office supplies such as correction fluid and copier machine fluids. Although not specifically exempted by the regulation, EPA interprets such mixtures or products to be equivalent to personal use items or materials present in a facility’s cafeteria, store, or infirmary (40 CFR Section 372.38(c)(3)).</div></b><div style="visibility:hidden"></div></b>-
Office Supplies; Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19317 19-317 317 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Office Supplies; Personal Use Exemption 317. A facility meets the threshold for otherwise use of 1,1,1-trichloroethane as a cleaner. Would the release of that listed toxic chemical contained in the office supply product ‘white-out’ also be included?Using office products falls within the same realm as the personal use exemption (40 CFR Section 372.38(c)(3)). The release of 1,1,1, trichloroethane in ‘white-out’ is exempt.</div></b><div style="visibility:hidden"></div></b>-
Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19318 19-318 318 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Personal Use Exemption 318. A facility adds chlorine to its water supply system. The chlorinated water is used only for drinking purposes by employees. Is this use of chlorine reportable under EPCRA section 313?Chlorine that is added by a facility to its water supply system to prepare potable water for consumption at the facility is exempt from reporting under the personal use exemption, which exempts as ‘personal’ use, by employees or other persons at the facility, the use of foods, drugs, cosmetics, or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or infirmary (40 CFR Section 372.38(c)(3)). Since chlorine is used to prepare an item (i.e., potable water) that will be used only for drinking purposes by facility employees, it is exempted from reporting under EPCRA section 313.</div></b><div style="visibility:hidden"></div></b>-
Otherwise Use; Personal Use Exemption; Threshold Determination; Water Treatment2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19319 19-319 319 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Otherwise Use; Personal Use Exemption; Threshold Determination (Activity Threshold); Water Treatment 319. A facility subject to EPCRA section 313 uses chlorine to treat water that serves both as process water and as drinking water for the facility’s employees. When making threshold determinations and release and other waste management calculations, can the facility owner or operator claim the personal use exemption for the amount of chlorine used to treat the employees’ drinking water?The personal use exemption allows a facility owner or operator to disregard quantities of toxic chemicals employed solely for personal use by employees or other persons at the facility (40 CFR Section 372.38(c)(3)). It does not apply, however, when a discrete amount of an EPCRA section 313 toxic chemical is employed both for personal use and process-related activities. Thus, in this example, the chlorine used to treat water that serves dually as employee drinking water and facility process water is not eligible for the personal use exemption. Similarly, if the facility supplies heat to its employees’ offices by combusting fuel, and that fuel also powers the facility’s process-related equipment, the facility owner or operator cannot claim the personal use exemption for any of the toxic chemicals present in the fuel.</div></b><div style="visibility:hidden"></div></b>-
Office Supplies; Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19320 19-320 320 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Office Supplies; Personal Use Exemption 320. A covered facility uses ammonia in gas cylinders in their blueprint machines. A total of 12,000 pounds of reportable ammonia is used per year in this operation and the facility does not otherwise use or process any other quantities of ammonia. Is this use exempt from Section 313 reporting under the office supplies for personal use exemption (40 CFR Section 372.38(c)(3))?Blueprint machines are not typical office supply items for personal use. Since the 10,000-pound otherwise use threshold is exceeded, the facility must report for the ammonia.</div></b><div style="visibility:hidden"></div></b>-
Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19321 19-321 321 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Personal Use Exemption 321. A covered facility uses listed toxic chemicals in its cafeteria refrigeration units. The units enable the cafeteria to store food that will later be served to staff of the facility. Would these chemicals need to be included in EPCRA section 313 threshold determinations?No. Under the personal use exemption ‘foods, drugs, cosmetics or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or infirmary’ used by employees or other persons at the facility are exempt from threshold determinations (40 CFR Section 372.38(c)(3)). The listed toxic chemicals used in the cafeteria refrigeration units, therefore, are exempt from threshold determinations and release and other waste management reporting requirements. Non-exempt uses of the same listed toxic chemicals elsewhere at the facility, however, must be included in threshold determinations and release and other waste management reporting.</div></b><div style="visibility:hidden"></div></b>-
Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19322 19-322 322 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Personal Use Exemption 322. Would listed toxic chemicals used as refrigerants in a facility’s air conditioning unit be exempt from EPCRA section 313 reporting under the personal use exemption (40 CFR Section 372.38(c)(3))?Yes, if the air conditioning unit is used for the purpose of maintaining employee comfort, the listed toxic chemicals used in the unit would be exempt from EPCRA section 313 reporting under the personal use exemption. If, however, the air conditioning unit is integral to the facility’s operation or activity (e.g., maintaining constant temperature and humidity for machinery or cold storage rooms), then the toxic chemicals used in the unit would not be exempt from EPCRA section 313 reporting.</div></b><div style="visibility:hidden"></div></b>-
Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19323 19-323 323 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Personal Use Exemption 323. Are the listed toxic chemicals used in cooling equipment for air conditioning process control rooms eligible for the personal use exemption?No. As provided in 40 CFR Section 372.38, the personal use exemption applies to the use of listed toxic chemicals limited to: personal use, by employees or other persons at the facility, of foods, drugs, cosmetics, or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility-operated cafeteria, store, or infirmary. This exemption is limited and does not include chemicals used in process-related activities.</div></b><div style="visibility:hidden"></div></b>-
Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19324 19-324 324 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Personal Use Exemption 324. Would a facility be required to report on the Section 313 chemicals in an air conditioning unit that cools a mine’s process operation or production room in which employees must work? In other words, because the air conditioning unit is being used in a production process, could the personal use exemption for employee comfort still apply for these activities?No. The ‘use exemption for personal uses by employees or other persons’ was intended to apply to such incidental uses of toxic chemicals that may take place at a facility simply because of personal needs. The types of incidental chemical uses intended to be eligible for this exemption include foods, drugs, cosmetics, or other personal items containing toxic chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or infirmary. The use of chemicals to promote process-related activities, including employee access to such process-related areas that would not otherwise be possible, is not incidental to the process, and therefore, must be considered toward threshold and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19325 19-325 325 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Personal Use Exemption 325. Is the use of toxic chemicals for employee comfort only applicable in an administrative setting for the personal use exemption?The personal use exemption is limited to chemicals used in non-process related activities, which may include administrative activities (40 CFR Section 372.38(c)(3)). Amounts of listed toxic chemicals used for administrative purposes are eligible for the personal use exemption and do not have to be considered toward threshold or release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Ammonia; Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19326 19-326 326 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Ammonia; Personal Use Exemption 326. A facility covered under Section 313 of EPCRA has met a reporting threshold for ammonia. A sewage system within the facility collects human waste from different parts of the facility. The ammonia present in the sewage is not involved in any manufacturing, processing, or otherwise use activities at the facility. Since the facility has already exceeded an activity threshold for ammonia, are they required to report the ammonia that is emitted in the sewage?Yes. The ammonia present in the sewage is being coincidentally manufactured as a result of the waste decomposition. Quantities of the toxic chemical that are coincidentally manufactured are not eligible for the personal use exemption. This exemption only covers the otherwise use of toxic chemicals, not their manufacture. The facility should report that it has manufactured ammonia as a by-product in Part II, Section 3.1(e). In addition, to the extent that the facility has knowledge concerning the quantity of the ammonia manufactured from the waste decomposition, they should report the quantity as transferred to a POTW in Part II, Section 6.1, and as sent off-site for treatment in Part II, Section 8.7.</div></b><div style="visibility:hidden"></div></b>-
Nitrate Compounds; Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19327 19-327 327 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Nitrate Compounds (Nitrates); Personal Use Exemption 327. A facility is treating sanitary waste and, as a result of the treatment, nitrate compounds and/or ammonia are coincidentally manufactured. Are the manufactured Section 313 chemicals considered exempt under the personal use exemption?No. Exemptions provided in 40 CFR Section 372.38 apply to the use of listed toxic chemicals. These exemptions do not include manufacturing or processing of listed toxic chemicals, even if this results from an activity where the use is exempt. If a listed toxic chemical is coincidentally manufactured during an activity where the use of a listed toxic chemical is exempt, the chemical manufactured is not exempt and amounts manufactured must be considered toward threshold and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Manufacture; Otherwise Use2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19328 19-328 328 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Manufacture (Manufactured; Manufacturing; Produce; Produced); Otherwise Use 328. Are facilities required to consider in threshold determinations and release and other waste management calculations, amounts of Section 313 chemicals manufactured from combustion during exempt otherwise use activities (e.g., from motor vehicles, personal use, routine maintenance, intake water, and structural component)?The exemptions defined at 40 CFR Section 372.38(c) are intended for toxic chemicals otherwise used. Amounts of toxic chemicals manufactured or processed during these ‘exempt’ activities are not exempt.</div></b><div style="visibility:hidden"></div></b>-
Intake Water Exemption; Lead2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19329 19-329 329 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Intake Water Exemption (Compressed Air); Lead (Lead Compounds) 329. A facility uses river water as process water. The water taken from the river contains more lead (1.0 ppb) than the water returned to the river (0.5 ppb). Is it eligible for the process water exemption? If not, is the facility treating the water?The process water can be considered exempt because the listed toxic chemical was present as drawn from the environment (40 CFR Section 372.38(c)(5)). The facility does not need to consider lead in the process water for threshold or release and other waste management reporting.</div></b><div style="visibility:hidden"></div></b>-
Intake Water Exemption; Wastewater2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19330 19-330 330 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Intake Water Exemption (Compressed Air); Wastewater 330. If a facility uses process wastewater containing a listed toxic chemical on-site, are toxic chemicals in the wastewater exempt under the intake water exemption?No. Since the listed toxic chemicals are not drawn from the environment, the facility must count the amount of the listed toxic chemicals toward threshold determinations and release and other waste management calculations (see 40 CFR Section 372.38(c)(5)).</div></b><div style="visibility:hidden"></div></b>-
Intake Water Exemption; Stormwater2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19331 19-331 331 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Intake Water Exemption (Compressed Air); Stormwater (Runoff) 331. A covered facility otherwise uses, as process water, wastewater or storm water that contains a toxic chemical. Is the facility required to count the amount of the toxic chemicals toward threshold determinations and release and other waste management calculations or would the section 313 chemicals be exempt under the intake water exemption?The intake water exemption is specifically limited to otherwise use of toxic chemicals present in process water or non-contact cooling water that are drawn from the environment or from municipal sources. The above facility otherwise uses water in its process sequence and would not be required to account for amounts of listed chemicals contained in stormwater that is drawn from the environment. The facility, however, would have to account for amounts of listed chemicals acquired by the storm water after the storm water has run onto and off of equipment and buildings. Likewise, wastewater is not drawn from the environment and amounts of listed toxic chemicals in wastewater which are otherwise used are ineligible for the exemption and any information on amounts of listed toxic chemicals from wastewater would have to be considered toward threshold determinations and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Compressed Air; Intake Water Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19333 19-333 333 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Compressed Air (Intake Water Exemption); Intake Water Exemption (Compressed Air) 333. Would a listed toxic chemical present in compressed air be exempt? What if the listed toxic chemical is present in air emissions from a boiler?A listed toxic chemical present in compressed air drawn from the environment would not have to be counted toward a threshold determination because it meets the intake air exemption (40 CFR Section 372.38(c)(5)). If that same listed toxic chemical is present in the boiler emissions air only because it was in the compressed air fed to the boiler, then it would remain exempt. However, if the listed toxic chemical is created as a result of combustion, you have coincidentally manufactured the toxic chemical and must consider it for reporting.</div></b><div style="visibility:hidden"></div></b>-
Intake Water Exemption; Underground Mine2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19334 19-334 334 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Intake Water Exemption (Compressed Air); Underground Mine 334. A facility dewaters its underground mine and places the water in a surface impoundment. Are toxic chemicals in the water eligible for the intake water exemption and are they exempt from release and other waste management reporting?No, because the facility is not otherwise using the water drawn from the underground mine, the intake water exemption does not apply. In this scenario, the facility is simply disposing of the water containing these chemicals drawn from materials on-site, and therefore, the facility is not manufacturing, processing, or otherwise using chemicals and amounts of these toxic chemicals would not count toward thresholds. However, the facility is disposing of these chemicals and if a threshold is exceeded elsewhere at the facility for one of the same chemicals, then the facility would be required to report the amounts released to the surface impoundment.</div></b><div style="visibility:hidden"></div></b>-
Intake Water Exemption; Underground Mine2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19335 19-335 335 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Intake Water Exemption (Compressed Air); Underground Mine 335. A facility dewaters its underground mine and injects the water into a well on-site. Are the amounts of listed toxic chemicals injected considered a release to land, or are these amounts exempt under the ‘use of toxic chemicals present in process water and non-contact cooling water as drawn from the environment?’ The water is not used, nor is it considered process water or non-contact cooling water.No. The exemption for toxic chemicals contained in water drawn from the environment or from municipal sources is provided for the use of water containing these chemicals in processes and for non-contact cooling purposes. The facility is not otherwise using the water drawn from the underground mine, and therefore, the intake water exemption does not apply. The facility is simply disposing of the water containing listed toxic chemicals as drawn from on-site, and therefore, the facility is not manufacturing, processing, or otherwise using these chemicals. These amounts would not count toward thresholds. However, the facility is disposing of these chemicals and if a threshold is exceeded elsewhere at the facility for one of the same chemicals, then the facility would be required to count amounts injected as released.</div></b><div style="visibility:hidden"></div></b>-
Intake Water Exemption; Stormwater; Wastewater2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19336 19-336 336 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Intake Water Exemption (Compressed Air); Stormwater (Runoff); Wastewater 336. A covered facility collects run-off from ore piles, natural topography, waste rock piles, and other on-site features in an on-site pit. The facility precipitates metals from the collected water by adding hydroxides to the pit. Is the resulting sludge, and any discharges from the pit, exempt from release and other waste management reporting under the intake water exemption?The intake water exemption is specifically limited to otherwise use of toxic chemicals present ‘in process water and non-contact cooling water as drawn from the environment or from municipal sources.’ (40 CFR Section 372.38(c)(5)) In the scenario described above, the facility is actively using hydroxides to precipitate out metals. The facility is using storm water run-off as part of its process sequence to extract desirable materials. Amounts of listed toxic chemicals contained in storm water run-off are exempt from otherwise use threshold calculations, but any new listed toxic chemicals which are manufactured from the facility’s use of the storm water must be counted toward the facility’s manufacturing threshold. Likewise, any toxic chemicals that are recovered and distributed in commerce must be considered toward the facility’s processing threshold. The facility would also have to account for amounts of listed chemicals acquired by the storm water after the storm water has run onto and off of equipment and buildings.</div></b><div style="visibility:hidden"></div></b>-
Intake Water Exemption; Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19337 19-337 337 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Intake Water Exemption (Compressed Air); Personal Use Exemption 337. Do we have to count the chlorine in the city water we use? Are water treatment chemicals such as chlorine covered?You are not required to account for amounts of a listed toxic chemical present in water that you draw into your facility from the environment or municipal sources (40 CFR Section 372.38(c)(5)). For example, chlorine present in water taken from municipal sources does not have to be considered for threshold determinations and release and other waste management estimates. Any chlorine you use to treat process water used in your facility, however, counts toward the otherwise use threshold determination. However, if you use the chlorine to treat drinking water for personal use at the facility the chlorine is exempt under the personal use exemption from threshold and release and other waste management calculations (40 CFR Section 372.38(c)(3)).</div></b><div style="visibility:hidden"></div></b>-
Intake Water Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19338 19-338 338 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Intake Water Exemption (Compressed Air) 338. A covered facility draws drinking water from an on-site well. The water contains a Section 313 chemical as a contaminant. Must the facility count the amount of the contaminant in its threshold determinations?No. The listed toxic chemicals in the water would be exempt from Form R reporting under the personal use exemption if the water is for the employees’ consumptive use on-site (40 CFR Section 372.38(c)(3)).</div></b><div style="visibility:hidden"></div></b>-
Intake Water Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19339 19-339 339 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Intake Water Exemption (Compressed Air) 339. A covered facility dewaters its underground mine and sells the water which contains reportable toxic chemicals to other facilities. Are toxic chemicals in the water exempt from threshold determinations?No. If a facility sells water that it extracts from its underground mine, it is processing the water and any listed toxic chemicals contained in the water must be considered toward threshold determinations and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Facility Maintenance Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19340 19-340 340 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility Maintenance Exemption (Janitorial) 340. How is routine janitorial maintenance defined in the exemption list? Is equipment maintenance included?Equipment maintenance such as the use of oil or grease is not exempt. The routine janitorial and facility grounds maintenance exemption is intended to cover janitorial or other custodial or plant grounds maintenance activities using such substances as bathroom cleaners, or fertilizers and pesticides used to maintain lawns (40 CFR Section 372.38(c)(2)).</div></b><div style="visibility:hidden"></div></b>-
Facility Maintenance Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19341 19-341 341 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility Maintenance Exemption (Janitorial) 341. An EPCRA section 313 toxic chemical is used to clean a process-related tower at a manufacturing facility. Is the use of the chemical exempt from threshold and release and other waste management calculations under the routine janitorial and facility grounds maintenance exemption of 40 CFR Section 372.38(c)(2)?No. Materials used to maintain process-related equipment at a facility (e.g., cleaners and lubricants) are not exempt under Section 372.38(c)(2). Because the tower is process-related, the exemption does not apply. This exemption only applies to the use of products that are specifically used for routine janitorial or facility grounds maintenance.</div></b><div style="visibility:hidden"></div></b>-
Facility Maintenance Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19342 19-342 342 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility Maintenance Exemption (Janitorial) 342. A facility maintains a swimming pool on the facility site for recreational use by the facility employees. Chlorine is used to treat the swimming pool water. Is the chlorine so utilized by the facility subject to threshold and release and other waste management calculations under EPCRA section 313?No. The chlorine used to treat the swimming pool water is exempt from threshold and release and other waste management calculations under the exemption found at 40 CFR Section 372.38(c)(2) for use of products for routine janitorial or facility grounds maintenance.</div></b><div style="visibility:hidden"></div></b>-
Facility Maintenance Exemption; Manufacture2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19343 19-343 343 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility Maintenance Exemption (Janitorial); Manufacture (Manufactured; Manufacturing; Produce; Produced) 343. An EPCRA section 313 covered facility uses 55-gallon drums of paint containing a listed toxic chemical to paint lines on the roads. Paint is also used to maintain road signs and facility building signs. Would the listed toxic chemicals in the paint be exempt from EPCRA section 313 reporting requirements under the facility grounds maintenance exemption found at 40 CFR Section 372.38(c)(2)?The facility grounds maintenance exemption in 40 CFR Section 372.38(c)(2) applies to the use of products used for routine janitorial or facility grounds maintenance. This exemption includes both individually packaged products (e.g., cans of paint) and substances in bulk containers (e.g., 55-gallon drums of paint). Therefore, if the paint in the drums used to maintain the roads and the signs is similar in type and concentration to consumer products, the listed toxic chemicals in the paint would be exempt from EPCRA section 313 reporting requirements. However, if the paint is used for process-related roads or equipment, such as airstrips at federal facilities, the exemption would not apply.</div></b><div style="visibility:hidden"></div></b>-
Coincidental Manufacturing; Facility Maintenance Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19344 19-344 344 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Coincidental Manufacturing (Byproduct; Coincidental Manufacture); Facility Maintenance Exemption (Janitorial) 344. A covered facility has an ornamental pond on-site. Does the addition of listed toxic chemicals to an ornamental pond on a facility site qualify for the routine janitorial or facility grounds maintenance exemption (40 CFR Section 372.38(c)(2))?Yes. The facility grounds maintenance exemption applies. However, the facility owner/operator should also be aware that the coincidental manufacture of other toxic chemicals may result (e.g., nitrate compounds) and, any listed chemicals manufactured must be applied to the manufacturing threshold.</div></b><div style="visibility:hidden"></div></b>-
Facility Maintenance Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19345 19-345 345 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility Maintenance Exemption (Janitorial) 345. It appears that janitorial type chemicals are exempt. Does this mean that if I use formaldehyde as a disinfectant in a sterile area in excess of the threshold, it is exempt?No. The use of the disinfectant described in the question seems to be process-related and is therefore not exempt. Also, ‘janitorial type chemicals’ are not exempt; rather, toxic chemicals used for routine janitorial or facility grounds maintenance are exempt.</div></b><div style="visibility:hidden"></div></b>-
Facility Maintenance Exemption; Otherwise Use2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19346 19-346 346 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility Maintenance Exemption (Janitorial); Otherwise Use 346. A covered facility uses a contact cleaner to clean relays that are used to control lights. For Section 313 purposes, is this use exempt as part of routine janitorial grounds maintenance or must the amount of the listed toxic chemical in the cleaner used be included in an applicable threshold?The use of the cleaner is not exempt because it is not a routine janitorial use and does not relate to facility grounds maintenance (40 CFR Section 372.38(c)(2)). The use is integral to the production processes of the facility. Therefore, the amounts of the listed toxic chemicals in the cleaner must be included in the calculation of otherwise use for the facility.</div></b><div style="visibility:hidden"></div></b>-
Facility Maintenance Exemption; Otherwise Use2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19347 19-347 347 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility Maintenance Exemption (Janitorial); Otherwise Use 347. Are pesticides which are used to control algae in cooling water towers exempt?No, such pesticides would not all fall under the routine maintenance exemption. The otherwise use threshold would apply.</div></b><div style="visibility:hidden"></div></b>-
Facility Maintenance Exemption; Pesticides2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19348 19-348 348 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility Maintenance Exemption (Janitorial); Pesticides 348. Would a facility that exterminates insects using pesticides containing listed toxic chemicals need to report for the listed toxic chemicals?If the pesticides are used as part of routine facility maintenance and are not process-related, they would be exempt under the facility grounds maintenance exemption (40 CFR Section 372.38(c)(2)). If the pesticides are used for the comfort of the facility personnel, the listed toxic chemicals would be exempt under the personal use exemption (40 CFR Section 372.38(c)(3)). However, if the pesticides are used to support the facility’s process, neither exemption would apply, and a covered facility would need to consider the otherwise use of the listed toxic chemical in the pesticides in making threshold determinations. If the otherwise use threshold is exceeded, the facility should report the application of pesticides in Section 5.5.4 (Other Disposal).</div></b><div style="visibility:hidden"></div></b>-
Ancillary Use; Facility Maintenance Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19349 19-349 349 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Ancillary Use (Otherwise Use); Facility Maintenance Exemption (Janitorial) 349. Does a listed toxic chemical that is applied to a road as a dust suppressant qualify for the routine facility grounds maintenance exemption (40 CFR Section 372.38(c))?The application of a dust suppressant that contains listed toxic chemicals to land surfaces at the facility is beyond the scope of the ‘facility grounds maintenance’ exemption. Listed toxic chemicals contained in mixtures used as dust suppressants are not eligible for the ‘facility grounds maintenance’ exemption. The original intent of the facility grounds maintenance exemption was to provide facilities relief from tracking such ancillary uses of chemicals involved with such routine activities as janitorial cleaning supplies, fertilizers, and pesticides that are similar in type and concentration to consumer products. Dust suppressants are not products that are generally considered similar to consumer products. The large-scale use of dust suppressants likely to occur at a mining extraction facility is considered integral to the facility’s process operations and of such a magnitude that amounts of listed toxic chemicals used for dust suppression are not eligible for the ‘facility grounds maintenance’ exemption.</div></b><div style="visibility:hidden"></div></b>-
Fertilizer; Otherwise Use; Pesticides; Waste2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19350 19-350 350 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Fertilizer; Otherwise Use; Pesticides; Waste 350. A BLM facility has unpaved roads that provide access to its land. The BLM facility allows a company to apply waste oil containing an EPCRA section 313 chemical on the unpaved roads to control dust. Can the facility claim the facility grounds maintenance exemption for this activity?No. The facility grounds maintenance activity is intended to cover janitorial and other custodial or plant grounds maintenance activities using such substances as bathroom cleaners, or fertilizers and pesticides used to maintain lawns (40 CFR Section 372.38(c)(2)). The exemption does not cover activities that are central to the operations of a facility. In this instance, the roads at the BLM facility are integral to the activities of the facility providing access to the BLM land. The facility would consider the amount of EPCRA section 313 chemicals in the waste oil towards its otherwise use threshold.</div></b><div style="visibility:hidden"></div></b>Y
Stationary Equipment; Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19351 19-351 351 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Stationary Equipment; Structural Component Exemption 351. Would the structural component exemption apply to welding rods used to maintain process equipment? Would the structural component exemption apply to welding rods used to maintain non-process related equipment (40 CFR Section 372.38(c)(1))?No, welding rods used to maintain process equipment are not exempt. However, if the same rods are used solely to maintain the facility (such as in the repair of a door frame) then the facility maintenance exemption would apply.</div></b><div style="visibility:hidden"></div></b>-
Solvents; Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19352 19-352 352 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Solvents; Structural Component Exemption 352. Are solvents and other listed toxic chemicals in paint used to maintain a facility exempt?Yes. Painting to maintain the physical integrity of the facility is consistent with the structural component exemption (provided that it is used to paint passive structures), even though the solvents in the paint do not become part of the structure (40 CFR Section 372.38(c)(1)).</div></b><div style="visibility:hidden"></div></b>-
Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19353 19-353 353 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Structural Component Exemption 353. A covered facility routinely paints the exterior of on-site buildings. The solvent in the paint is an EPCRA section 313 toxic chemical. The paint brushes used to paint the buildings are cleaned with a solvent that is also an EPCRA section 313 toxic chemical. Is the solvent used to clean the brushes subject to threshold determinations and release and other waste management calculations under Section 313?The structural component exemption set out at 40 CFR Section 372.38(c)(1) applies to the solvent in the paint used to paint the facility. It also applies to the solvent used to clean the paint brushes since this is part of the painting process. Likewise, any paint and cleaning solvent residues would not be subject to threshold determinations and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Fuel; Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19354 19-354 354 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Fuel; Structural Component Exemption 354. An EPCRA section 313 covered facility uses a fuel-powered paint sprayer for the sole purpose of painting the facility’s structure. The listed toxic chemicals within the paint used to maintain the facility’s appearance are exempt from EPCRA section 313 threshold determination and release and other waste management reporting requirements under the structural component exemption (40 CFR Section 372.38(c)(1)). The fuel used to power the paint sprayer also contains listed toxic chemicals reportable under EPCRA section 313. Must the listed toxic chemicals in the fuel be applied toward the otherwise use threshold?No. The listed toxic chemicals are exempt from EPCRA section 313 threshold determinations and release and other waste management reporting requirements. Although the structural component exemption most commonly applies to toxic chemicals incorporated into a facility’s physical structure, the exemption also extends to toxic chemicals whose sole use derives from or is associated with an exempt use. Examples of toxic chemicals exempt in this manner include solvents used to clean paint brushes that were used to paint a facility’s structure and fumes generated from the welding of non-process related pipes during installation at a facility. Be aware that the combustion of fuels may coincidentally manufacture Section 313 toxic chemicals. Such coincidental manufacture is not eligible for de minimis limitations (see the directive on the de minimis exemption in GuideME) or the structural component exemption and amounts produced must be compared against the manufacturing threshold. The EPA publication, Toxic Air Pollutant Emissions Factor - A Compilation of Selected Air Toxic Compounds and Sources (EPA 450/2-90-011) contains emissions factors for many specific compounds emitted during fuel combustion.</div></b><div style="visibility:hidden"></div></b>-
Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19355 19-355 355 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Structural Component Exemption 355. Is the painting of process equipment to meet OSHA standards exempt from Form R threshold determinations and release and other waste management calculations under the structural component exemption?No. Painting process pipes would not qualify for the structural component exemption because the exemption only applies to non-process related equipment (40 CFR Section 372.38(c)(1)).</div></b><div style="visibility:hidden"></div></b>-
Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19356 19-356 356 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Structural Component Exemption 356. Are listed toxic chemicals contained in paint that is used to paint processing equipment subject to threshold determination and release and other waste management reporting?Yes. Paint used on process-related equipment would not qualify for the structural component exemption. Amounts of listed toxic chemicals used to paint process-related equipment must be considered toward threshold determinations and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19357 19-357 357 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Structural Component Exemption 357. Are the listed toxic chemicals contained in process-related equipment, such as piping, eligible for the structural component exemption?No. If pipes are process-related, the structural component exemption does not apply and the facility may have to consider toward the facility’s threshold determination, amounts of listed toxic chemicals contained in process-related pipes that are put into use during the reporting year. And the facility would have to include release and other waste management amounts in calculations where applicable.</div></b><div style="visibility:hidden"></div></b>-
Otherwise Use; Releases; Structural Component Exemption; Threshold Determination2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19358 19-358 358 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Otherwise Use; Releases (Released); Structural Component Exemption; Threshold Determination (Activity Threshold) 358. A Navy facility purchases wood pilings treated with creosote tar to support piers used for docking ships. Gradually, the creosote, an EPCRA section 313 chemical, is released from the pilings into the water. For purposes of complying with EPCRA section 313, is the creosote exempt from threshold determinations and release reporting under the “structural component” exemption?No. The structural use exemption applies only to non-process related equipment. The piers at the navy facility are process-related equipment. EPCRA section 313 chemicals used to maintain these piers, therefore, are not exempt. The facility should consider the amount of creosote on the wood pilings towards the facility’s otherwise use threshold for the year in which the facility received them. If the facility determines that it exceeds a reporting threshold for creosote, then any releases of the creosote must be included in the facility’s release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>Y
Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19359 19-359 359 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Structural Component Exemption 359. Does the structural component exemption (40 CFR Section 372.38(c)(1)) cover the small amounts of abraded or corroded metals from pipes and other equipment that become part of process streams?If the pipes are not process-related, the structural component exemption would apply and the listed toxic chemicals contained in the pipes would not need to be considered in threshold determinations and release or other waste management calculations. If the pipes are process-related, the structural component exemption does not apply, and if the facility exceeds a threshold for the listed toxic chemical, any releases and other waste management of the listed toxic chemical should be reported.</div></b><div style="visibility:hidden"></div></b>-
Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19360 19-360 360 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Structural Component Exemption 360. The structural component exemption under EPCRA section 313 covers the small amounts of abraded/corroded metals from pipes and other non-process related facility equipment (40 CFR Section 372.38 (c)(1)). Does the structural component exemption apply to equipment which regularly suffers abrasion, such as grinding wheels and metal working tools? What criteria can a facility use to decide which pieces of equipment are structural components and which are not?The EPCRA section 313 structural components exemption would not apply to grinding wheels and metal working tools. These items are intended to wear down and to be replaced because of the nature of their use. The structural component exemption applies to passive, non-process related structures, such as pipes for potable water not related to the facility’s process. The abrasion/corrosion includes normal or natural degradation, such as occurs in pipes, but not active degradation, such as occurs in a grinding wheel.</div></b><div style="visibility:hidden"></div></b>-
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