Questions and Answers

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Questions and AnswersKeyword(s)Category(hidden - contains search text)(hidden - contains search text)FedFac
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>-
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>-
Byproduct; De Minimis; De minimis Exemption; Import; Manufacture; Mixture; Otherwise Use; Process; Releases; Threshold Determination; Waste; Waste Management Activities2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19409 19-409 409 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Byproduct (Coincidental Manufacturing); De Minimis; De minimis Exemption; Import (Imported); Manufacture (Manufactured; Manufacturing; Produce; Produced); Mixture (Mixtures); Otherwise Use; Process (Processing; Processed; Processes); Releases (Released); Threshold Determination (Activity Threshold); Waste; Waste Management Activities 409. What is the de minimis exemption?The de minimis exemption allows covered facilities to disregard certain minimal concentrations of listed non-PBT chemicals in mixtures or trade name products when making threshold determinations and release and other waste management determinations. The de minimis exemption does not apply to the manufacture of a listed toxic chemical except if that listed toxic chemical is manufactured as an impurity and remains in the product distributed in commerce below the appropriate de minimis level or is imported below de minimis concentrations. The de minimis exemption does not apply to a byproduct manufactured coincidentally as a result of manufacturing, processing, otherwise use, or any waste management activity. The de minimis exemption does not apply to the PBT chemicals listed at 40 CFR section 372.28. When determining whether the de minimis exemption applies to a listed non-PBT chemical, the owner/operator should consider only the concentration of the listed toxic chemical in mixtures and trade name products. If the listed non-PBT chemical in a mixture or trade name product is manufactured as an impurity or imported, processed, or otherwise used and is below the appropriate de minimis concentration level, then the quantity of the listed toxic chemical in that mixture or trade name product does not have to be applied to threshold determinations nor included in release or other waste management calculations. If a listed non-PBT chemical in a mixture or trade name product meets the de minimis exemption, all releases and other waste management activities associated with the listed toxic chemical in that mixture or trade name product are exempt from EPCRA section 313 reporting. It is possible to meet an activity (e.g., processing) threshold for a toxic chemical on a facility-wide basis, but not be required to calculate releases or other waste management quantities associated with a particular mixture or trade name product because that mixture or trade name product contains the non-PBT chemical below the de minimis level. Once a listed toxic chemical concentration is above the appropriate de minimis concentration, threshold determinations and release and other waste management calculations must be made, even if the chemical later falls below the de minimis level in the same process stream. Thus, all releases and other quantities managed as waste that occur after the de minimis level has been exceeded are subject to reporting. If a listed toxic chemical in a mixture or trade name product above the de minimis level is brought on-site, the de minimis exemption never applies. The de minimis concentration level is consistent with the OSHA Hazard Communication Standard requirements for development of Safety Data Sheets (SDSs). The de minimis level is 1.0 percent except if the listed toxic chemical is an OSHA-defined carcinogen. The de minimis level for OSHA-defined carcinogens is 0.1 percent. For mixtures or other trade name products that contain one or more members of a listed Section 313 toxic chemical category, the de minimis level applies to the aggregate concentration of all such members and not to each individually. The list of toxic c</div></b><div style="visibility:hidden"> and not to each individually. The list of toxic chemicals in the publication Toxic Chemical Release Inventory Reporting Forms and Instructions for the current reporting year contains the de minimis values for each of the non-PBT chemicals and chemical categories. This de minimis exemption applies solely to mixtures and other trade name products. EPAs long-standing interpretation has been that mixture does not include waste. Therefore, the de minimis exemption cannot be applied to toxic chemicals in a waste.</div></b>-
De minimis Exemption; Mixture; Trade Name2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19410 19-410 410 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Mixture (Mixtures); Trade Name 410. Please explain the de minimis concentration limitation under Section 313, and its application to mixtures and trade name products (40 CFR Section 372.38(a))?The de minimis exemption allows covered facilities to disregard certain minimal concentrations of listed non-PBT chemicals in mixtures or trade name products when making threshold determinations and release and other waste management determinations. The de minimis exemption does not apply to the manufacture of a listed toxic chemical except if that listed toxic chemical is manufactured as an impurity and remains in the product distributed in commerce below the appropriate de minimis level or is imported below de minimis concentrations. The de minimis exemption does not apply to a byproduct manufactured coincidentally as a result of manufacturing, processing, otherwise use, or any waste management activity. The de minimis exemption does not apply to the PBT chemicals listed at 40 CFR section 372.28. When determining whether the de minimis exemption applies to a listed non- PBT chemical, the owner/operator should consider only the concentration of the listed toxic chemical in mixtures and trade name products. If the listed non-PBT chemical in a mixture or trade name product is manufactured as an impurity or imported, processed, or otherwise used and is below the appropriate de minimis concentration level, then the quantity of the listed toxic chemical in that mixture or trade name product does not have to be applied to threshold determinations nor included in release or other waste management calculations. If a listed non-PBT chemical in a mixture or trade name product meets the de minimis exemption, all releases and other waste management activities associated with the listed toxic chemical in that mixture or trade name product are exempt from EPCRA section 313 reporting. It is possible to meet an activity (e.g., processing) threshold for a toxic chemical on a facility-wide basis, but not be required to calculate releases or other waste management quantities associated with a particular mixture or trade name product because that mixture or trade name product contains the non-PBT chemical below the de minimis level. Once a listed toxic chemical concentration is above the appropriate de minimis concentration, threshold determinations and release and other waste management calculations must be made, even if the chemical later falls below the de minimis level in the same process stream. Thus, all releases and other quantities managed as waste that occur after the de minimis level has been exceeded are subject to reporting. If a listed toxic chemical in a mixture or trade name product above the de minimis level is brought on-site, the de minimis exemption never applies. The de minimis concentration level is consistent with the OSHA Hazard Communication Standard requirements for development of Safety Data Sheets (SDSs). The de minimis level is 1.0 percent except if the listed toxic chemical is an OSHA-defined carcinogen. The de minimis level for OSHA-defined carcinogens is 0.1 percent. For mixtures or other trade name products that contain one or more members of a listed Section 313 toxic chemical category, the de minimis level applies to the aggregate concentration of all such members and not to each individually. The list of toxic chemicals in the publication Toxic Chemical Release Inventory Reporting Forms and Instructions for the current reporting year contains the de minimis values f</div></b><div style="visibility:hidden">nt reporting year contains the de minimis values for each of the non-PBT chemicals and chemical categories. This de minimis exemption applies solely to mixtures and other trade name products. EPA’s long-standing interpretation has been that mixture does not include waste. Therefore, the de minimis exemption cannot be applied to toxic chemicals in a waste.</div></b>-
Byproduct; De minimis Exemption2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19411 19-411 411 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Byproduct (Coincidental Manufacturing); De minimis Exemption 411. A small quantity of a listed toxic chemical is manufactured in a waste stream. Are facility owners/operators required to include the amount of the listed toxic chemical present in the waste stream as part of the threshold determination if the concentration of the listed toxic chemical in the waste stream is below the de minimis level?Yes. This de minimis exemption applies solely to non-PBT chemicals in mixtures. EPA’s long-standing interpretation has been that mixture does not include waste. Also, generally, de minimis does not apply to listed toxic chemicals that a facility manufactures. The de minimis exemption cannot be applied to listed toxic chemicals manufactured as a byproduct.</div></b><div style="visibility:hidden"></div></b>-
Coincidental Manufacturing; De minimis Exemption; Impurity2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19412 19-412 412 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Coincidental Manufacturing (Byproduct; Coincidental Manufacture); De minimis Exemption; Impurity (Impurities) 412. A facility adds a chemical to water for pH control that results in the coincidental manufacture of another toxic chemical. This chemical is then applied to coal that is further distributed in commerce. Is the generated chemical considered an impurity and eligible for the de minimis exemption?No, under EPCRA section 313, an impurity refers to a chemical that is coincidentally manufactured as a result of the manufacture, process, or otherwise use of another chemical, but is not separated from that chemical and remains primarily with the product or mixture. Because the listed toxic chemical is manufactured during the treatment of water and not during the processing of the primary product or mixture, it is not considered an impurity. In this case, the facility should consider amounts of chemicals manufactured toward the manufacturing threshold, to the extent that the facility has information on the amount of a toxic chemical that is manufactured. In addition, to the extent that the water and the toxic chemicals that are applied to the coal are intended to be incorporated into the coal product, the chemical manufactured in the water treatment process may also be processed.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption; Release Reporting2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19413 19-413 413 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Release Reporting 413. If a covered facility has process streams with less than 1 percent (or 0.1 percent for carcinogens) of a listed non-PBT chemical, do fugitive releases from these streams have to be included in release calculations?The de minimis exemption applies to process streams when a starting material for the process is a mixture containing less than 1 percent (or 0.1 percent) of a listed non-PBT chemical. If the process stream is exempt under de minimis, releases from the stream are not reported on the Form R.</div></b><div style="visibility:hidden"></div></b>-
Coincidental Manufacturing; De minimis Exemption2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19414 19-414 414 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Coincidental Manufacturing (Byproduct; Coincidental Manufacture); De minimis Exemption 414. A covered facility produces a non-listed inorganic heavy metal oxide. The ores used as raw materials for the production of the metal oxide contain EPCRA section 313 toxic chemicals in small concentrations. During production, these impurities are chemically converted from oxides to sulfates or chlorides, separated from the main product stream, and discharged in wastes. At no point in the process does the concentration of an EPCRA section 313 toxic chemical (i.e., the sum of the concentrations of compounds falling into any listed chemical category) ever exceed the appropriate de minimis concentration. Can the de minimis exemption apply to these activities? Because the toxic chemicals being coincidentally manufactured are in the same EPCRA section 313 category, is the conversion considered manufacturing?The de minimis exemption does not apply in this instance. The de minimis exemption does not apply to chemical byproducts manufactured under Section 313. Additionally, any EPCRA section 313 toxic chemicals manufactured during the facility’s production process, even if the toxic chemicals are created from toxic chemicals in the same EPCRA section 313 category, must be considered towards the facility’s manufacturing threshold. Therefore, the facility must consider all the EPCRA section 313 listed metal sulfates and chlorides created as a result of its production process for threshold determinations and release and other waste management reporting.</div></b><div style="visibility:hidden"></div></b>-
Compound Category; De minimis Exemption; Delimited Category2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19415 19-415 415 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Compound Category (Chemical Categories; Chemical Category); De minimis Exemption; Delimited Category 415. When determining the de minimis level for members of an EPCRA section 313 category, the total weight of all the members of the category in the mixture must be counted and compared to the applicable de minimis level. How would a facility determine the de minimis level for a mixture containing members of a category, such as the arsenic compounds category, where there are different de minimis levels within the category?For categories in which there are different de minimis levels within the category, two calculations are done. First, the weight of all members of the category in the mixture that have a 0.1 percent de minimis is determined and compared to the 0.1 percent de minimis level. Second, the weight of all members of the category in the mixture (both those with 0.1 percent and 1.0 percent de minimis) is determined and compared to the 1.0 percent de minimis. If only the first de minimis calculation is exceeded then only those chemicals with the 0.1 percent de minimis must be included in threshold and release and other waste management determinations. Therefore, category members with the 1.0 percent de minimis would be excluded from threshold and release and other waste management determinations if only the first de minimis calculation is exceeded. If the second de minimis calculation is exceeded then all of the category members in the mixture must be included in threshold determinations and release and other waste management calculations. The de minimis exemption does not apply to the PBT chemicals listed at 40 CFR section 372.28.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption; Xylene2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19416 19-416 416 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Xylene 416. For calculating de minimis for xylene (mixed isomers), should the isomers be aggregated to determine if the weight percent is less than one?Yes. To determine the de minimis for xylene (mixed isomers), the one percent would be applied to the aggregated isomer’s weight percent in the mixture. For example, a mixture contains 30 pounds each of the three isomers, and 9,910 pounds of Chemical Z. The total xylene would be 90 pounds. That 90 pounds would constitute less than one percent of the total weight of 10,000 pounds, and would therefore, be exempt.</div></b><div style="visibility:hidden"></div></b>-
Concentration Range; De minimis Exemption2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19417 19-417 417 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Concentration Range; De minimis Exemption 417. A covered facility uses a chemical mixture that contains a listed Section 313 non-PBT chemical. The concentration of the listed toxic chemical is given as a range on the Safety Data Sheet (SDS). If the maximum and minimum concentrations are above and below the de minimis concentration level, how can the facility determine quantities for Section 313 compliance?The amount of the listed toxic chemical in the mixture that is at or above the de minimis level, and therefore counts towards the threshold, can be assumed to be proportional to the ratio of the amount at or above de minimis concentration to the amount of the total concentration range. The concentration of the chemical in the mixture that is not exempt is the average of the de minimis level and the maximum concentrations. For example, assume that a facility manufactures 10 million pounds of a mixture containing 0.25–1.20 percent of a toxic chemical that is subject to a 1 percent de minimis level. The quantity of the mixture subject to reporting is: (10,000,000 lb × (1.20 - 0.99))/(1.20 - 0.25) = 2,210,526 lb non-exempt mixture This 2,210,526 pounds of non-exempt mixture is multiplied by the average concentration above the de minimis, which is 1.1 percent, or (1.20 + 0.99)/2 = 0.011 2,210,526 lb × 0.011 = 24,316 lb In this example, the amount of chemical that counts toward a threshold is 24,316 pounds.</div></b><div style="visibility:hidden"></div></b>-
Concentration Range; De minimis Exemption2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19418 19-418 418 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Concentration Range; De minimis Exemption 418. A covered facility processes a mixture of chemicals which includes a non-carcinogenic listed non-PBT chemical present between concentrations of 0.5–1.0 percent, as stated on the SDS provided with the mixture. Is the listed toxic chemical in the mixture eligible for the de minimis exemption? If not, how would a facility make a threshold determination for a toxic chemical whose concentration ranges from below the de minimis level to the de minimis level?A listed toxic chemical with a concentration range that has an upper bound equal to the de minimis level is not exempt from reporting under EPCRA section 313. The exception applies only if the chemical concentration is below the de minimis level. The amount of the listed toxic chemical in the mixture that is at or above the de minimis level, and therefore counts towards the threshold, is proportional to the ratio of the amount at or above the de minimis concentration to the amount of the total concentration range. The concentration of the chemical in the mixture that is not exempt is the average of the de minimis level and the maximum concentration, which in this case is the same. The fraction of the listed toxic chemical that is not exempt is the fraction that is at the de minimis level, i.e., 1 percent. The fraction that is exempt is that below the de minimis level, which is 0.5 percent – 0.9 percent (one significant figure). For example, assume that a facility manufactures 10 million pounds of a mixture containing 0.5-1.0 percent of a toxic chemical that is subject to a 1 percent de minimis exemption. The quantity of the mixture subject to reporting is: (10,000,000 lb × (1.0 - 0.9))/(1.0 - 0.5) = 2,000,000 lb non-exempt mixture</div></b><div style="visibility:hidden"></div></b>-
De Minimis2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19420 19-420 420 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De Minimis 420. How do we determine whether the de minimis level for a Section 313 listed toxic chemical should be 1 percent or 0.1 percent?The de minimis levels are dictated by determinations made by the National Toxicology Program (NTP), Report on Carcinogens, the International Agency for Research and Cancer (IARC) Monographs, or 29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administrations. Toxic chemicals listed as carcinogens or potential carcinogens under NTP (classified as a known or reasonably anticipated to be human carcinogens), IARC (classified as 1, 2A or 2B), or 29 CFR Part 1910, Subpart Z, have a 0.1 percent de minimis concentration level. EPA generally refers to these chemicals as the ‘OSHA carcinogens.’ All other toxic chemicals have a 1 percent de minimis concentration level. EPA periodically reviews the latest editions of the IARC and the NTP reports, as well as 29 CFR Part 1910, Subpart Z, to see if a listed chemical’s status has changed and updates the EPCRA section 313 lists accordingly. The list of toxic chemicals in the publication Toxic Chemical Release Inventory Reporting Forms and Instructions for the current reporting year contains the de minimis values for each of the toxic chemicals and chemical categories. The list is also available from the EPCRA hotline and on the EPA’s TRI website at: https://www.epa.gov/toxics-release-inventory-tri-program/tri-listed-chemicals. Although not required to do so, EPA prepares this list as a courtesy to the reporting public.</div></b><div style="visibility:hidden"></div></b>-
De Minimis2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19421 19-421 421 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De Minimis 421. What is the basis for determining that a toxic chemical is subject to the 0.1 percent de minimis level rather than the 1.0 percent de minimis level, and when do changes in toxic chemical de minimis levels take effect?In the final rule (53 FR 4500, Feb. 16, 1988) that implements the reporting requirements of EPCRA section 313, EPA adopts a de minimis exemption which permits facilities to disregard de minimis levels of listed non-PBT chemicals for threshold determinations and release and other waste management calculations. The regulations adopt a 0.1 percent de minimis level for chemicals that are carcinogens, as defined in 29 CFR Section 1910.1200(d)(4), as follows: “(4) Chemical manufacturers, importers and employers evaluating chemicals shall treat the following sources as establishing that a chemical is a carcinogen or potential carcinogen for hazard communication purposes: (I) National Toxicology Program (NTP), Report on Carcinogens (latest edition); (ii)International Agency for Research on Cancer (IARC) Monographs (latest editions); or (iii)29 CFR Part 1910, Subpart Z, Toxic and Hazardous Substances, Occupational Safety and Health Administration.” Therefore, once a chemical’s status under NTP, IARC, or 29 CFR Part 1910, Subpart Z, indicates that the chemical is a carcinogen or potential carcinogen, the reporting facility may disregard levels of the chemical below the 0.1 percent de minimis concentration, provided that the other criteria for the de minimis exemption are met. For convenience purposes, EPA refers to these chemicals as the “OSHA carcinogens.” If in reporting year “A,” IARC or NTP classifies a chemical as a probable or known carcinogen (thus lowering the EPCRA section 313 de minimis concentration from 1.0 to 0.1 percent), the lower de minimis concentration for the purposes of reporting would be applicable starting with reporting year “A+1.” For example, vinyl acetate was classified as a group 2B chemical by IARC in 1995, so the lower de minimis level of 0.1 percent applied starting with the 1996 reporting year (i.e., it was effective as of January 1, 1996, for reports due July 1, 1997). Suppliers would need to notify their customers of such changes with the first shipment in the year in which the change is applicable to reporting. If, as in the vinyl acetate example, the classification changes in 1995, then the supplier would notify customers with the first shipment on or after January 1, 1996.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption; Manufacture; Threshold Determination; Wastewater Treatment2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19423 19-423 423 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Manufacture (Manufactured; Manufacturing; Produce; Produced); Threshold Determination (Activity Threshold); Wastewater Treatment 423. If a facility manufactures 900,000 gallons per day of a toxic chemical at a 0.5 percent concentration in a wastewater treatment system, is this quantity to be considered for threshold determinations and release and other waste management calculations?Since the chemical is manufactured at the facility as part of a waste treatment process, the de minimis exemption does not apply and the toxic chemical must be considered for both threshold determinations and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Ammonia; De minimis Exemption2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19425 19-425 425 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Ammonia; De minimis Exemption 425. A covered facility places ammonium chloride in water, and manufactures aqueous ammonia for use on-site. Does the de minimis exemption apply to this activity?No. The facility cannot take the de minimis exemption for this activity because the facility manufactured aqueous ammonia. The de minimis exemption does not apply to the manufacture of a non-PBT chemical, unless the toxic chemical is manufactured as an impurity and remains in the product distributed in commerce. Since the facility used the aqueous ammonia on-site and the ammonia is not an impurity that remains in a product distributed in commerce, the de minimis exemption does not apply.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19427 19-427 427 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption 427. A covered facility receives chlorine in 100-ton tank car quantities in concentrations above the 1 percent de minimis level. The chlorine is transferred to a bleaching vessel to make a bleaching mixture, where its concentration drops below the de minimis level. Does the de minimis exemption apply?No. The mixture received by and initially processed by the facility contains chlorine above the de minimis concentration level. Because the mixture contained chlorine in a concentration above the 1 percent de minimis level, the de minimis exemption does not apply. The facility must consider the total weight percent of the chlorine in the mixture toward a threshold determination. Any amounts of the listed toxic chemical that are ultimately released or otherwise managed as waste as a result of this processing activity should be reported regardless of the concentration of the chlorine in the waste stream.</div></b><div style="visibility:hidden"></div></b>-
De Minimis; Otherwise Use; Releases; Reporting Requirements; Threshold Determination2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19428 19-428 428 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De Minimis; Otherwise Use; Releases (Released); Reporting Requirements; Threshold Determination (Activity Threshold) 428. A federal facility “otherwise uses” toluene, an EPCRA section 313 chemical, in two ways. In one “otherwise use,” toluene is in a product below the de minimis level, and is therefore exempt from threshold determinations and release reporting under EPCRA section 313. In the second “otherwise use,” toluene is in a product in an amount greater than the de minimis level and is used in excess of the 10,000-pound “otherwise used” threshold. Because the facility must prepare a Form R for toluene, must the facility report all of the releases and off-site transfers in the report, including those that qualified for the de minimis exemption?No. If a facility has multiple uses of a single EPCRA section 313 chemical, and one of those uses meets the criteria for an exemption, then the quantity of the EPCRA section 313 chemical that meets the criteria for the exemption is exempt from threshold determinations and release and other waste management reporting requirements. In the above example, the facility must file a Form R for toluene and must report all releases and other waste management of toluene that result from all non-exempt uses of the chemical.</div></b><div style="visibility:hidden"></div></b>Y
De minimis Exemption; Otherwise Use; Wastestream2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19429 19-429 429 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Otherwise Use; Wastestream 429. A covered metal mining facility receives sewage sludge from off-site for use in soil reclamation. Is the application of sewage sludge to land considered an otherwise use? Are the toxic chemicals used in the soil reclamation activity eligible for the de minimis exemption, and if so, how are amounts reported (e.g., released to land)?The metal mine is otherwise using the listed toxic chemicals contained in the sewage sludge as a soil building material. However, because the listed toxic chemicals contained in the sludge are being applied to land, the facility is managing the sewage sludge as a waste. Therefore, in this example, amounts of listed toxic chemicals being otherwise used are not eligible for the de minimis exemption. Amounts of listed toxic chemicals are reported as a release to land. The otherwise use of listed toxic chemicals, such as nitrate compounds for farming, is to be reported as a release to land in Section 5.5 of the Form R.</div></b><div style="visibility:hidden"></div></b>-
Ash; De minimis Exemption; Otherwise Use2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19430 19-430 430 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Ash; De minimis Exemption; Otherwise Use 430. A metal mining facility receives ash that it directly incorporates in concrete which it then uses on-site to form cement blocks. Is this direct use of ash eligible for the de minimis exemption?The use of ash as a component of a mixture (concrete) that is otherwise used on-site to construct cement blocks constitutes an otherwise use of a material containing listed toxic chemicals and such amounts must be counted toward the facility’s otherwise use of those chemicals. In this case, the ash is not considered a waste because it is not managed as a waste. Thus, the listed non-PBT chemicals contained in the ash are eligible for the de minimis exemption if they do not exceed the de minimis concentrations.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption; Metal Compounds2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19431 19-431 431 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Metal Compounds 431. Does the de minimis exemption apply to the parent metal component of a compound in a mixture for Section 313 reporting?No. For threshold determinations, the weight percent of the whole compound in the mixture is used. In general, the de minimis value for compounds is one percent, unless the particular compound is itself an OSHA carcinogen and then the de minimis level is 0.1 percent. The de minimis exemption does not apply to the PBT chemicals listed at 40 CFR section 372.28.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption; Wastewater Treatment2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19432 19-432 432 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Wastewater Treatment 432. Is the creation of listed chemicals in waste treatment processes exempt if the concentration is less than the de minimis level?No. The manufacture of a Section 313 chemical during a waste treatment process is not covered by the de minimis exemption.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption; Waste2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19433 19-433 433 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Waste 433. A raw material contains less than the de minimis level of a listed non-PBT chemical. During processing of the listed toxic chemical, its concentration remains below de minimis. However, the concentration of the listed toxic chemical in the waste stream that results from that processing activity is above the de minimis concentration level for that toxic chemical. The waste stream containing that listed toxic chemical is disposed in an on-site landfill. Should the toxic chemical handled in the process line be included in the facility’s threshold determination? Do the quantities of the listed toxic chemical in waste streams that are generated from this process require reporting? What about the listed toxic chemical present in the waste stream that is above the de minimis level?No. The de minimis exemption can be applied to the listed non-PBT chemical in the raw material that is processed. Because the de minimis exemption can be taken, the quantities processed do not have to be applied to the processing threshold for that toxic chemical at the facility and quantities of the listed toxic chemical that are released or otherwise managed as waste as a result of this specific processing activity are exempt from release and other waste management calculations. The exemption applies even if the listed toxic chemical is concentrated above the de minimis level in the waste stream resulting from that processing activity.</div></b><div style="visibility:hidden"></div></b>-
Ash; De Minimis2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19434 19-434 434 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Ash; De Minimis 434. A covered facility combusts coal in a combustion unit. The coal contains a non-PBT chemical below de minimis amounts. During combustion, chemicals are manufactured. The ash containing the toxic chemicals is generated from the combustion of the coal. The ash is then sold to another facility for direct reuse in the manufacture of concrete blocks. If the toxic chemicals in the ash are below the appropriate de minimis concentration, are they eligible for the de minimis exemption?The toxic chemical in the coal being combusted should be considered towards the facility’s otherwise use threshold and this activity is eligible for the de minimis exemption. The toxic chemicals that are manufactured as a result of the combustion process are byproducts and therefore not eligible for the de minimis exemption. The chemicals in the ash that is sold for direct reuse off-site are considered processed. After combustion, when the facility is preparing the toxic chemicals in ash for distribution in commerce, the non- PBT chemicals are eligible for the de minimis exemption.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption; Waste2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19435 19-435 435 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Waste 435. A covered facility otherwise uses a toxic chemical that is above the de minimis concentration in a mixture. How does the de minimis exemption apply to listed toxic chemical residues from this use contained within used or spent containers that the facility sends off-site for disposal?The de minimis exemption cannot be applied to quantities of the listed toxic chemical in used or spent containers that are sent off-site for disposal because these quantities are being managed as a waste and the de minimis exemption does not apply to wastes. The de minimis exemption can be applied to a listed non-PBT chemical in a mixture or trade name product that is processed, otherwise used, manufactured as an impurity (that remains with the product), or imported, provided that the listed toxic chemical is present in the mixture or trade name product below the de minimis concentration level.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19436 19-436 436 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption 436. A facility is taking part in an experimental shale oil extraction process. When the shale is extracted, concentrations of a non-PBT chemical are present in trace amounts in the shale far below the de minimis concentration. Does the de minimis exemption apply?Yes, the de minimis exemption applies to the listed non-PBT chemical present in the shale (40 CFR Section 372.38(a)).</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption; Overburden; Process; Waste Rock2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19490 19-490 490 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption; Overburden; Process (Processing; Processed; Processes); Waste Rock 490. How should covered facilities consider consolidated rock that overlies an ore body and unconsolidated/consolidated materials that do not overlie an ore body but do not meet the classification as waste rock? Are these materials considered waste rock (i.e., de minimis exemption does not apply) for threshold determinations and release and other waste management calculations or, are they considered processed materials eligible for the de minimis exemption?For covered metal mining facilities, unconsolidated material that overlies a deposit of useful materials or ores is eligible for the ‘overburden exemption’ and does not have to be considered toward threshold determinations, or release and other waste management calculations. This exemption does not apply to consolidated material or unconsolidated/consolidated materials that do not overlie a deposit of useful material and which may be displaced or otherwise managed during extraction. Similar to waste rock that is separated from the useful more mineralized material at the point of extraction, amounts of these materials are not considered toward any threshold activities. However, these materials are not exempt from release and other waste management reporting and must be included if thresholds are exceeded elsewhere at the facility for the same listed toxic chemicals.</div></b><div style="visibility:hidden"></div></b>-
De minimis Exemption2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19491 19-491 491 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis De minimis Exemption 491. In petroleum refining processes, mixtures such as crude oils, petroleum products, and refinery process streams may contain trace amounts of listed toxic chemicals. During the refining process, these mixtures may undergo beneficiation activities which would result in the listed toxic chemicals being concentrated to levels that exceed the de minimis levels. Would the de minimis exemption apply to these processes?The de minimis exemption would apply to the non-PBT chemicals until they are concentrated above the applicable de minimis level. For purposes of threshold determinations and release and other waste management calculations, the facility would account for a listed toxic chemical from the first point in the process in which the concentration of the toxic chemical meets or exceeds the applicable de minimis level for that toxic chemical, in the process mixture.</div></b><div style="visibility:hidden"></div></b>-
Air Releases; De minimis Exemption; Storage Tanks2. Exemptions >
2.E. De Minimis
<div style="visibility:hidden">19492 19-492 492 2019 Questions and Answers Consolidation2. Exemptions 2.E. De Minimis Air Releases; De minimis Exemption; Storage Tanks 492. As a petroleum refiner, do we have to estimate air releases of chemicals from storage tanks containing crude oil if the concentration of the chemical is below de minimis level? We understand that the amounts of these chemicals would be counted towards threshold since, after storage, we are extracting and purifying them to concentrations above de minimis.Facilities that receive chemicals into the plant at concentrations below de minimis have to report releases and other waste management activities from that point in the process when the chemical’s concentration exceeds de minimis level. This facility would not have to report air emissions from their crude oil tanks for the chemicals present in oil below de minimis. For those above de minimis, they must report releases and other waste management activities. The de minimis exemption does not apply to the PBT chemicals listed at 40 CFR section 372.28.</div></b><div style="visibility:hidden"></div></b>-
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