Questions and Answers

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Questions and AnswersKeyword(s)Category(hidden - contains search text)(hidden - contains search text)FedFac
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>-
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>-
Structural Component Exemption; Threshold Determination2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19361 19-361 361 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Structural Component Exemption; Threshold Determination (Activity Threshold) 361. A foundry uses aluminum oxide in grinding wheels as well as in the refractory brick that lines the furnace. Must the facility count the aluminum oxide in the brick toward the reporting threshold, or is the brick exempt as part of the structure of the facility?The aluminum oxide in the brick must be counted toward the otherwise use threshold if it is a fibrous, man-made form of aluminum oxide. It does not meet the structural component exemption because it is a material that is, in essence, a replaceable insulation liner that is part of the process. If releases from the brick amount to less than 0.5 lb over the course of the reporting year, the article exemption may apply.</div></b><div style="visibility:hidden"></div></b>-
Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19362 19-362 362 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Structural Component Exemption 362. Does material contained in the structure of a building need to be reported?No. Structural materials not associated with the process are exempt from reporting. They are exempt from threshold determinations and release and other waste management calculations and also from the maximum quantity on-site.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19363 19-363 363 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Articles Exemption (Article Exemption); Structural Component Exemption 363. Can some equipment used in the production processes of cement kiln manufacturers (e.g., grinding balls, hammers, kiln chains, mill liners and lining bars, and cooler grates and side wall liners) qualify for the structural component exemption or the article exemption?The structural exemption does not apply to these uses of toxic chemicals. EPA believes that grinding balls, hammers, kiln chains, mill liners and lining bars, and cooler grates and side wall liners are all integral components of the process activities at the facility. Therefore, these items would not be eligible for the structural component exemption. The article exemption may apply to these items. The article exemption is meant for the processing or otherwise use of manufactured items that: are formed to a specific shape or design during manufacture; have end use functions dependent in whole or in part upon its shape or design and do not release a toxic chemical under normal conditions of processing or use of that item at the facility (February 16, 1988; 53 FR 4507). The grinding balls, hammers, kiln chains, mill liners and lifting bars, and cooler grates and side wall liners are being otherwise used by the facility. Therefore, if these pieces of equipment meet the three criteria above throughout their use during the calendar year, the exemption may be taken.</div></b><div style="visibility:hidden"></div></b>-
Activity Threshold; Releases; Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19364 19-364 364 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Activity Threshold (Threshold Determination); Releases (Released); Structural Component Exemption 364. Would paving activities (e.g., the use of asphalt or cement) at a facility qualify for the structural component exemption (40 CFR 372.38(c)(1))?The use of toxic chemicals in asphalt or cement to make and maintain process-related roads and driveways (e.g., a driveway leading to a loading dock) at a TRI-covered facility is not eligible for the structural component exemption (40 CFR §372.38(c)(1)). However, the use of toxic chemicals present in asphalt used to pave employee parking lots at a TRI-covered facility is considered non-process related and is eligible for the structural component exemption. Placing asphalt or cement containing TRI toxic chemicals on the ground at a facility is considered a release of the toxic chemicals. If the paving activity did not qualify for the exemption and the facility exceeds an activity threshold, such releases must be documented in Sections 5 and 8 of the Form R.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19365 19-365 365 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Articles Exemption (Article Exemption); Structural Component Exemption 365. If a covered facility stores a listed toxic chemical on-site, and then uses it by installing it in the facility, is the facility required to consider the listed toxic chemical (a component) for EPCRA section 313?When the listed toxic chemical is installed as a passive structural component (a component not related to the facility’s process), then the structural component exemption applies to the toxic chemical in the component (40 CFR Section 372.38(c)(1)). If the toxic chemical is in a process-related component, the structural component exemption does not apply. However, if there are less than 0.5 lb of releases of the toxic chemical over the course of the year, it may qualify for the article exemption.</div></b><div style="visibility:hidden"></div></b>-
Facility; Structural Component Exemption; Threshold Determination2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19366 19-366 366 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility; Structural Component Exemption; Threshold Determination (Activity Threshold) 366. If a federal facility builds a new structure or modifies an existing structure on-site, must the facility include EPCRA section 313 chemicals that are part of the new structure (e.g., the copper in copper pipes in an administrative building) when making threshold determinations and release and other waste management calculations under EPCRA section 313?No. EPCRA section 313 chemicals that are incorporated into the structural components of a federal facility (e.g. the copper in copper pipes) or that are used to ensure or improve the structural integrity of a structure are exempt from threshold determinations and release and other waste management calculations because of the “structural component” exemption (40 CFR 372.38(c)(1)). If, however, these new structures or modified structures are process-related equipment, then the structural component exemption would not apply.</div></b><div style="visibility:hidden"></div></b>Y
Otherwise Use; Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19367 19-367 367 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Otherwise Use; Structural Component Exemption 367. Are degreasers employed in plant maintenance shops exempt under the structural component exemption (40 CFR Section 372.38(c)(1))?No, degreasers used in plant maintenance do not meet the structural component exemption. The listed toxic chemicals in the degreasers would be considered towards the facility’s otherwise use threshold.</div></b><div style="visibility:hidden"></div></b>-
Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19368 19-368 368 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Structural Component Exemption 368. As part of the equipment involved in a hard chrome plating process, lead anodes conduct a current to parts being plated. The lead anodes do not provide a metallic ion to the plating process, but only act as bus bars to conduct the electrical current. The anodes require replacement over time due to erosion just like other pieces of electrical supply equipment. The anodes are solidly connected to the electrical supply system for the sole purpose of conducting electricity. Are the anodes considered a structural component of the facility and therefore, exempt from reporting under the structural components exemption (40 CFR Section 372.38(c)(1))?No, the lead anodes are not considered exempt as a structural component since they play such an integral role in an electrochemical process. The erosion which the anodes undergo is not the same as other electrical supply equipment since the degradation is specifically caused by contact with process chemicals in a plating bath.</div></b><div style="visibility:hidden"></div></b>-
Asbestos; Structural Component Exemption2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19369 19-369 369 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Asbestos; Structural Component Exemption 369. A facility is removing asbestos insulation for disposal. Is this activity covered by the structural component exemption?The removal for disposal of friable asbestos insulation is not considered to be the manufacture, process, or otherwise use of friable asbestos. Since friable asbestos is not being otherwise used in this activity, the structural component exemption cannot be taken. However, if the facility does manufacture, process, or otherwise use friable asbestos in excess of the thresholds elsewhere at the facility, this type of off-site transfer would be reportable in Part II, Sections 6.2 and 8.1.</div></b><div style="visibility:hidden"></div></b>-
Process; Releases; Solvents; Structural Component Exemption; Threshold Determination2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19931 19-931 931 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Process (Processing; Processed; Processes); Releases (Released); Solvents; Structural Component Exemption; Threshold Determination (Activity Threshold) 931. A federal facility operates stationary cranes at a port. When painting the cranes, volatile solvents are released to the atmosphere. Does the facility have to report these releases under EPCRA section 313, or is such an activity exempt under the “structural component” exemption?The use of paint on process-related equipment is not exempt under the structural component exemption. Amounts of listed EPCRA section 313 chemicals used to paint process-related equipment, including amounts released during the painting application, must be considered toward threshold determinations and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>Y
Otherwise Use; Threshold Determination2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19973 19-973 973 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Otherwise Use; Threshold Determination (Activity Threshold) 973. A U.S. government prison facility cleans the prison cells and other areas used by prisoners using cleaning materials that contain EPCRA section 313 chemicals. Are the chemicals used in these activities exempt from threshold determinations and release and other waste management calculations under the “routine janitorial or facility grounds maintenance” exemption of EPCRA section 313?No. The routine janitorial or facility grounds maintenance exemption can be claimed only for those activities that are not integral to the operations of the facility. Only activities that are not process-related are eligible for this exemption. For a prison, housing people is a process-related activity. Supporting this activity, such as the cleaning of the prison cells and other areas used by the prisoners, also are process-related. The EPCRA section 313 chemicals used in the cleaning activities, therefore, are not eligible for the routine janitorial or facility grounds maintenance exemption. The facility should count amounts of EPCRA section 313 chemicals used in these cleaning activities toward the facility’s otherwise use threshold.</div></b><div style="visibility:hidden"></div></b>Y
Facility Maintenance Exemption; Threshold Determination2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19974 19-974 974 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility Maintenance Exemption (Janitorial); Threshold Determination (Activity Threshold) 974. Administrative buildings at a military base are cleaned daily using cleaning materials that contain EPCRA section 313 chemicals. Can the facility claim the routine janitorial or facility grounds maintenance exemption for EPCRA section 313 chemicals used in these activities?The routine janitorial or facility grounds maintenance exemption is applicable to non-process related activities. Cleaning administrative offices is a non-process related activity. The EPCRA section 313 chemicals used to clean the administrative offices at the federal facility are exempt from threshold determinations and release and other waste management calculations under the routine janitorial or facility grounds maintenance exemption. </div></b><div style="visibility:hidden"></div></b>Y
Facility Maintenance Exemption; Threshold Determination2. Exemptions >
2.B. Facility Maintenance and Structural Components
<div style="visibility:hidden">19975 19-975 975 2019 Questions and Answers Consolidation2. Exemptions 2.B. Facility Maintenance and Structural Components Facility Maintenance Exemption (Janitorial); Threshold Determination (Activity Threshold) 975. Would EPCRA section 313 chemicals used to sterilize rooms and equipment at a federal hospital be exempt from threshold determinations and release and other waste management calculations under the routine janitorial or facility grounds maintenance exemption?A federal hospital that uses a product containing an EPCRA section 313 chemical for sterilizing rooms and equipment would not be eligible for the routine janitorial or facility grounds maintenance exemption. Keeping hospital rooms and equipment clean is integral to the operations of the hospital and therefore is process-related. A facility cannot claim this exemption for process-related activities. While the hospital cannot claim the routine janitorial or facility grounds maintenance exemption for EPCRA section 313 chemicals used in products to keep rooms and equipment sterile, the hospital can claim the exemption for EPCRA section 313 chemicals used in products to clean administrative offices at the hospital.</div></b><div style="visibility:hidden"></div></b>Y
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