Questions and Answers

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  • 1 - 29 of 29
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
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; 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>-
Threshold Determination; Waste2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19930 19-930 930 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Threshold Determination (Activity Threshold); Waste 930. Should a facility include quantities of EPCRA section 313 chemicals present in office supplies and similar products when making threshold determinations and release and other waste management calculations under EPCRA section 313?No. EPA does not require a covered federal facility to account for quantities of EPCRA section 313 chemicals in office supplies (e.g., correction fluid, copier machine fluids, etc.) when the facility makes threshold determinations and release and other waste management calculations. EPA interprets these items to be personal use items and the chemicals contained in them are exempt from threshold determinations and release and other waste management calculations under the “personal use” exemption. </div></b><div style="visibility:hidden"></div></b>Y
Ammonia; Personal Use Exemption; Reporting Requirements2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19955 19-955 955 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Ammonia; Personal Use Exemption; Reporting Requirements 955. A printing shop within a federal facility uses cylinders of ammonia gas in blueprint machines. The shop uses a total of 12,000 pounds per year in this operation and does not “manufacture”, “process,” or “otherwise use” any other quantities of ammonia. Is the quantity of ammonia used in the blueprint machines equivalent to an office supply item and exempt from the reporting requirements of EPCRA section 313 because of the “personal use” exemption?No. Blueprint machines are not considered typical office supply items, and, therefore, the chemicals used in them do not meet the criteria for the “personal use” exemption under EPCRA section 313 (see 40 CFR Section 372.38(c)(3)). Because the federal facility uses 12,000 pounds per year of ammonia, the facility exceeds the 10,000-pound “otherwise use” threshold and must report for ammonia. </div></b><div style="visibility:hidden"></div></b>Y
Personal Use Exemption2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19971 19-971 971 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Personal Use Exemption 971. Are federal facilities eligible for the personal use exemption?Federal facilities, like all facilities subject to EPCRA section 313, must consider the use of the EPCRA section 313 chemicals and the operations of the facility when assessing eligibility under the personal use exemption. This exemption is limited to EPCRA section 313 chemicals used in non-process related activities. A facility for which providing services to the public or housing people is integral to its operations (process related) cannot claim the personal use exemption for EPCRA section 313 chemicals used to support those activities. EPCRA section 313 chemicals used in personal items, such as “white- out,” in the administrative offices of these facilities are not process-related, and therefore, would be eligible for the personal use exemption.</div></b><div style="visibility:hidden"></div></b>Y
Personal Use Exemption; Waste; Wastewater Treatment; Water Treatment2. Exemptions >
2.A. General/Personal Use and Intake Water or Air
<div style="visibility:hidden">19972 19-972 972 2019 Questions and Answers Consolidation2. Exemptions 2.A. General/Personal Use and Intake Water or Air Personal Use Exemption; Waste; Wastewater Treatment; Water Treatment 972. A military base treats waste that results from personnel based on-site. To treat the wastewater, the DOD facility houses a wastewater treatment facility that uses chlorine during the treatment. Can the DOD facility claim the personal use exemption for the use of the chlorine used during the wastewater treatment?No. The personal use exemption applies to the “Personal use by employees or other persons at the facility of foods, drugs, cosmetics, or other personal items containing EPCRA section 313 chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or infirmary (40 CFR Section 372.38(3)).” This exemption allows facilities to disregard mostly small-scale products that are ancillary to the operations of the facility. It cannot be claimed for products that are integral to operations. For a military base, housing personnel typically is integral to its operations. Treating the resultant wastewater also would be integral to its operations. The personal use exemption does not apply.</div></b><div style="visibility:hidden"></div></b>Y
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