Questions and Answers

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Articles Exemption; Fume or Dust2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19258 19-258 258 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Fume or Dust 258. A facility generates metal dust when it processes sheet metal. Each dust particle is actually an alloy containing more than one type of metal (e.g., chromium and aluminum). If the toxic chemical in the metal is listed with a qualifier which includes dust (e.g., aluminum), does EPA consider the dust particle the listed toxic chemical?In this example, EPA considers metal dust particles, which contain aluminum in the dust form, a listed toxic chemical. Therefore, that weight percentage of the metal dust which is aluminum would be subject to threshold determinations and release and other waste management reporting as aluminum dust.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Threshold Determination2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19437 19-437 437 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Threshold Determination (Activity Threshold) 437. Are articles exempt from threshold determinations in normal processing, otherwise use, or disposal?An article would be exempt from threshold determinations if the article meets the criteria for exemption. The article must be a manufactured item: (1) which is formed to a specific shape or design during manufacture; (2) which has end use functions dependent in whole or in part upon its shape or design; and (3) which does not release a toxic chemical under normal conditions of processing or otherwise use of the item at the facility or establishments. If an item retains its initial thickness or diameter in whole or in part, as a result of normal processing or otherwise use, then it meets the first part of the definition. Disposal of materials that are recognizable as the processed article is not considered a release or management of a waste containing a listed toxic chemical from an article, and thus, does not negate the article status.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Threshold Determination2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19438 19-438 438 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Threshold Determination (Activity Threshold) 438. Are metal articles exempt from threshold determinations under normal processing or otherwise use?The fact that an item is metal is irrelevant because metals do not have special status under the article exemption. If the metal article meets all the criteria for the article exemption during normal processing and otherwise use, then it would be exempt from threshold determinations and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Recycling; Threshold Determination2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19439 19-439 439 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Recycling (Recycle); Threshold Determination (Activity Threshold) 439. A covered facility manufactures ‘non-article’ metal items. If all wastes from the manufacturing process are recycled, are the items still subject to threshold determinations?If a ‘non-article’ metal item is processed but all wastes are recycled, the item is still subject to threshold determinations and release and other waste management calculations. The toxic chemicals therein must be applied to the appropriate thresholds.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19440 19-440 440 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 440. Please clarify the Agency’s half pound policy for the article exemption.The Agency has adopted a ‘round to the nearest pound policy.’ If the amount of a listed toxic chemical in releases from processing or otherwise using all like items is equal to or less than a half pound, this amount can be rounded to zero. Thus, the exemption would be maintained. The half-pound limit does not apply to each individual article, but applies to the sum of all amounts released during processing or otherwise use of all like items over the entire reporting year. If the listed toxic chemical that is released exceeds a half pound and is completely recycled/reused, on-site or off-site, then the item may still maintain its status as an article.</div></b><div style="visibility:hidden"></div></b>-
Like Articles; Normal Conditions; Otherwise Use; PBT Chemicals; Process; Threshold Determination2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19441 19-441 441 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Like Articles; Normal Conditions; Otherwise Use; PBT Chemicals; Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 441. EPCRA section 313 chemicals contained in articles that are processed or otherwise used at a covered facility are exempt from threshold determinations and release and other waste management calculations. One criterion that must be met for a chemical to be exempt as part of the article is that the item does not release a toxic chemical under normal conditions of processing or use. If a facility processes articles containing lead, a persistent, bioaccumulative, and toxic (PBT) chemical, and the processing of all like items results in a total release of 0.4 pounds during the reporting year, can the facility round this release to 0?There is no need to round the 0.4 pound release quantity to zero. If the processing or otherwise use of all like items results in a total release of 0.5 pound or less of the chemical, the items retain their article status. This means that for purposes of filling out a Form R release report, the facility has the option to: 1) not count the quantities of toxic chemical contained in the like articles towards threshold determinations; and 2) not count the 0.5 pound or less total release quantity (in this example the 0.4 pound quantity) of the toxic chemical that occurred from the processing or otherwise use of all like articles towards the quantities released or otherwise managed as waste. This applies to PBT toxic chemical (e.g. lead) and all other chemicals included on the TRI list of toxic chemicals.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Manufacture2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19442 19-442 442 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Manufacture (Manufactured; Manufacturing; Produce; Produced) 442. Does the article exemption in the Section 313 rule apply to preparation (i.e., manufacture) of the article? What about processing or otherwise using that article?The article exemption applies to the normal processing or otherwise use of an article. It does not apply to the manufacture of an article. For example, the manufacture of articles such as tableware is not exempt. Toxic chemicals processed into articles produced at a facility must be factored into threshold determinations and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19443 19-443 443 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 443. A facility manufactures lead came (i.e., slender, grooved, lead rods). A lead billet is placed into a press and pushed through a die to produce a unique form. The facility processes 100,000 pounds of lead came. Is this process exempt from reporting under the article exemption?The article exemption does not apply. The lead billet does not qualify as an article because it does not have an end use function other than to be of a size and shape convenient to further processing, and the end product is significantly different in shape and dimension from the starting material. Since the facility processes more than 100 pounds of lead, the facility must report for this toxic chemical.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19444 19-444 444 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 444. A covered facility uses sheet metal to manufacture metal desks. When manufacturing the desks, the operator welds and solders some of the sheet metal together. Must the facility include the toxic chemicals in the welding rods, solders, and the metals being joined for its threshold determination? Does the metal desk meet the article exemption?If 0.5 pounds or less of the toxic chemical is released from all like articles in the reporting year and the overall thickness or diameter of the sheet metal is not changed when processed into the desk, the sheet metal would retain its article status. The desk itself would not meet the criteria for the article exemption because the exemption does not apply to the manufacture of articles. Also, because air emissions are generated from the welding and soldering rods when they are used, the owner/operator must assess the entire amount of the toxic chemical in the rods for processing threshold purposes.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Lead; Otherwise Use; Process; Storage; Waste2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19445 19-445 445 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Lead (Lead Compounds); Otherwise Use; Process (Processing; Processed; Processes); Storage; Waste 445. Lead shielding was used to transport nuclear warheads. A federal facility is melting and reforming the lead shields into containers for radioactive waste storage. Would the lead from the shields be exempt from EPCRA section 313 reporting under the articles exemption?No. Melting and reforming the lead shields to form storage containers would constitute manufacturing of an article, which negates the article exemption for the lead shield. Because the lead is incorporated into the radioactive waste storage containers, the lead is otherwise used, unless the facility sends the containers off-site (including to another DOE facility), in which case the lead is processed.</div></b><div style="visibility:hidden"></div></b>Y
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19446 19-446 446 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 446. A covered facility has a condenser that consists of many individual copper tubes. These copper tubes must be replaced periodically and are often replaced individually. Can each of the copper tubes be considered an article under Section 313?Each tube may be considered an article. However, for amounts of listed toxic chemicals to be exempt from threshold determinations and release and other waste management calculations under the article exemption, releases of all listed toxic chemicals for all ‘like’ articles must not exceed 0.5 pounds (see the Toxic Chemical Release Inventory Reporting Forms and Instructions). In this example, releases from all the replaced copper tubes must not exceed 0.5 pounds for the reporting year for the amounts not to be considered. If the tubes are ineligible for the exemption, then amounts of listed toxic chemicals contained in the tubes replaced (put in service) during the reporting year must be counted towards thresholds.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Otherwise Use; Process; Releases2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19447 19-447 447 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Otherwise Use; Process (Processing; Processed; Processes); Releases (Released) 447. A federal shipyard facility cuts portholes into metal plates separated by seams. The plates contain nickel, and cutting them releases fumes. The facility then produces grindings when it further grinds the metal porthole to its final shape. For the plates to retain “article” status under EPCRA section 313, total releases to all media must be less than 0.5 pounds/year. Does this cut-off value apply separately to releases from each type of “processing” or “otherwise use,” or to aggregate releases from all “processing” or “otherwise use” of the same type of item?The 0.5 pounds/year release cut-off value applies to aggregate releases from the same type of item being processed or otherwise used in any manner at the facility. This value applies to the total aggregate releases of the EPCRA section 313 chemical from both steps of the process. Therefore, to reach the 0.5 pounds/year value, a facility should add any releases from grinding to those from cutting.</div></b><div style="visibility:hidden"></div></b>Y
Aluminum; Articles Exemption; Normal Conditions; Otherwise Use; Process; Threshold Determination2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19448 19-448 448 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Aluminum; Articles Exemption (Article Exemption); Normal Conditions; Otherwise Use; Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 448. EPCRA §313 chemicals contained in articles are exempt from threshold determinations and release and other waste management calculations. However, a manufactured item can only be considered an “article” so long as (i) the item was formed to a distinct shape or design during manufacture, (ii) the item has end use functions dependent in whole or in part upon its shape or design, and (iii) the item does not release a toxic chemical under normal conditions of processing or other use. If a facility has an aggregate release of greater than 0.5 pounds of a TRI chemical from the processing or otherwise use of an item and all like items, then the item and all like items do not qualify as “articles,” and all toxic chemicals contained in the items are ineligible for the articles exemption. If two items are made from different materials or formed to different shapes or designs, are they considered like items?Items made from two different types of materials are not considered like items. In other words, the eligibility of items made from one type of material for the exemption does not affect the eligibility of items made from another type of material for the articles exemption. For example, stainless steel tubes and aluminum tubes are not considered like items. Therefore, if stainless steel tubes meet all of the criteria for the exemption, they would continue to qualify for the exemption even if the aluminum tubes do not qualify. Similarly, items that have been formed to a distinct shape or design during their manufacture are not considered to be like items with respect to items that have been formed to a different shape or design. For example, steel sheets, plates, coils, and tubes would not be considered like items.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19449 19-449 449 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 449. Our facility uses welding rods for equipment maintenance. Can these be considered articles?One of the three qualifying criteria for the article exemption (40 CFR Section 372.3), states that an article ‘does not release a toxic chemical under normal conditions of processing or otherwise use of that item at the facility or establishment.’ When the welding rod is used, a listed toxic chemical is released. Therefore, the welding rod cannot be considered an article.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Releases; Threshold Determination2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19450 19-450 450 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Releases (Released); Threshold Determination (Activity Threshold) 450. A TRI-covered facility welds two metal items together that independently meet the definition of an article as defined in 40 CFR §372.3. No releases occur from the joined metal items themselves, but there may be releases from the welding rods. Would the welding process negate the article status for the two metal items?The article status of the metal items is not negated by the toxic chemical releases from the welding rods. The joined metal parts may be considered articles, and only the welding rods must be considered when making threshold determinations and releases and waste management calculations. However, if more than 0.5 pound of a toxic chemical is released from all like items, the item(s) would not qualify for the articles exemption.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19451 19-451 451 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 451. A covered facility uses a die block to manufacture items. When the block becomes worn and needs adjustments such as shaving and melting to restore its shape, how does the facility report on releases resulting from that activity?If, upon shaving and melting the die block, the diameter or thickness are not retained in whole or in part or toxic chemicals are released in an amount which exceeds 0.5 pounds for all like items in a reporting year, then the block would no longer qualify for the article exemption and the facility would have to perform threshold determinations and report releases and other waste management of the listed toxic chemical. When threshold determinations are made, the facility must consider the weight of the toxic chemical contained in the entire block for threshold determinations. However, only quantities in like articles that do not meet the article definition and were placed into use within the reporting year would be considered towards thresholds. Those items in use from previous years would not be considered in the threshold determinations for the current reporting year.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19452 19-452 452 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 452. A mine’s electrorefining operation uses an anode containing a toxic chemical. The anode is meant to degrade, and the thickness changes over the entire anode. Is this anode eligible for the article exemption?No. Since the item did not retain its original thickness in whole or in part, the anode is not considered an article.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Fume or Dust2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19453 19-453 453 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Fume or Dust 453. A company processes a galvanized sheet metal containing elemental zinc, not a zinc compound. When the sheet metal is processed it generates zinc dust, all of which is captured and sent off-site for recycling. The sheet metal is formed to a specific shape and its end use functions depend in whole on its shape during end use. Can the company claim an exemption because the sheet metal remains an article, or must it do a threshold determination for zinc because it has coincidentally manufactured zinc in the dust form?Elemental zinc is listed with a qualifier, fume or dust, and is only reportable in the form of fume or dust. Thus, the zinc in the sheet metal would not count toward the threshold determinations since it is not in the fume or dust form. The zinc that is generated (in the form of fume or dust) as a result of the sheet metal processing is reportable and would be counted toward the 25,000-pound threshold determination for manufacturing, regardless of the sheet metal’s article status.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19454 19-454 454 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 454. I am a power tool manufacturer and we use copper, a listed toxic chemical. We receive copper plates and shave the rough edges off them. All of the shavings are vacuumed and sold to a scrap metal facility which makes ingots and sells them. Is the copper plate an article? How do I consider the shavings?Because all of the copper released from the plate is collected and reused, no reportable release has occurred and the article exemption is maintained. If the copper is disposed of, on the other hand, the plates lose the article status.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19455 19-455 455 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 455. If glass is purchased (with about a 20 percent lead content) and its form is physically changed to make light bulbs, is that considered processing or does the article exemption apply?The article exemption does not apply because: (1) the end use of the glass is not dependent on the specific shape or design of the glass entering the process-the glass is melted and reshaped, and/or (2) emissions result from heating of the glass during processing.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19456 19-456 456 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 456. A facility subject to EPCRA section 313 crushes light bulbs and uses the crushed glass in their process. The light bulb stems are not used in the process and are disposed. There is a lead ‘button’ in each light bulb stem which is disposed. Is this button considered an article and therefore exempt from threshold and release and other waste management calculations under 40 CFR Section 372.38(b)?No, the lead buttons from crushed light bulbs would not be considered articles and the lead would not be exempt from threshold determinations and release and other waste management calculations. The lead in these buttons would not be counted toward any threshold. The facility would only be required to report the release of lead buttons if a threshold for lead was exceeded by a covered activity or other waste management elsewhere at the facility.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19457 19-457 457 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 457. A covered facility processes sheet metal that contains a listed toxic chemical. When processed, some pieces of the sheet metal are cut generating shavings which contain the listed toxic chemicals and which are not 100 percent recycled. Specifically, more than 0.5 lb is released from all like items during the reporting year, and therefore, the sheet metal does not meet the article exemption criteria. Must the facility consider the amount of the listed toxic chemical in the entire piece of sheet metal for threshold determinations or may the facility consider just the amount of listed toxic chemical in the area of the sheet metal that is cut?All of the listed toxic chemical in the entire piece of cut sheet metal must be counted toward the shavings or the processing threshold, not just the weight of the listed toxic chemical in the section of the item on which work is done. The weight of the listed toxic chemical in the entire piece of sheet metal is used; the exemption cannot apply to a portion of the article.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Chromium; Normal Conditions; Otherwise Use; Process; Releases2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19458 19-458 458 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Chromium (Chromium Compounds); Normal Conditions; Otherwise Use; Process (Processing; Processed; Processes); Releases (Released) 458. EPCRA §313 chemicals contained in articles that are processed or otherwise used at a covered facility are exempt, as long as the item was formed to a distinct shape or design during manufacture, the item has end use functions dependent in whole or in part upon its shape or design, and the item does not release a toxic chemical under normal conditions. If a facility has an aggregate release of greater than 0.5 pounds of a TRI chemical during the processing or otherwise use of an article, then the exemption is negated for the article and all like items. A manufactured item contains nickel and chromium. If there are releases of more than 0.5 pounds of nickel but less than 0.5 pounds of chromium, do the manufactured item and all like items still qualify for the article exemption for chromium?If the manufactured item and all like items release more than 0.5 pounds of any toxic chemical, then those items lose their article status for all toxic chemicals contained in the items. Therefore, because the facility released more than 0.5 pounds of nickel, the manufactured item loses the article status for all TRI toxic chemicals, including chromium. The item would only qualify for the article exemption if the processing or otherwise use of all like items resulted in a total release of 0.5 pounds or less of nickel and 0.5 pounds or less of chromium.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Compound2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19459 19-459 459 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Compound (Compounds) 459. I use copper wire in one of my products. I cut it and bend it and then heat seal it into a glass bulb. How do I consider the copper wire for Section 313 reporting?First, the wire would remain an article if during the manufacture of the glass bulbs no toxic chemicals are released, and if the wire meets the other two criteria of the article exemption (i.e., it is formed to a specific shape or design during manufacture and it has end use functions dependent in whole or in part upon its shape or design). If the wire is not an article, then for an element such as copper, both copper metal and copper compounds are subject to EPCRA section 313 reporting. Determine the form of the copper in the wire first. If it is pure copper wire, the entire weight of the entire wire must be used. If it is an alloy, the weight percent of the toxic chemical times the entire wire weight must be used. If there are multiple copper compounds, the entire weight of each copper compound must be used for the processing threshold determination.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19460 19-460 460 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 460. We cut copper wire into segments which are then wound around a motor part. The ends are not stacked and our engineer determined that no copper is released. Is the wire still an article?Cutting the wire into segments and winding it around a motor part do not negate the exemption since the diameter and thickness of the wire is not changed. The copper wire remains an article as long as no toxic chemicals (or less than 0.5 lb for all like items over the entire reporting year) are released during use. Since your engineer determined no copper is released, the article exemption does apply and the copper wire does not have to be considered for threshold determinations and releases and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19461 19-461 461 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 461. Copper wire at a facility is cleansed by dipping it into a sulfuric acid solution. This acidic solution etches away a portion of the surface of the wire. The etched copper reacts with the acid to form copper sulfate. The wastestream containing the copper sulfate is sent directly to a POTW and no other releases of copper occur on-site to any other environmental media. Is the article exemption (40 CFR Section 372.38(b)) negated for the copper wire?The transfer of the copper sulfate to the POTW constitutes a release from the article. The release from the copper wire in the form of a copper compound would negate the article exemption for the copper wire. If the facility exceeds an activity threshold for the copper wire, a report must be filed for copper. In addition, if the 25,000-pound manufacturing threshold is exceeded for the copper sulfate, a report must also be filed for copper compounds. If a threshold for copper and copper compounds is individually met, the facility may file one report for both.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19462 19-462 462 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 462. I run a metal fabrication facility, under NAICS code 332. If I cut the metal sheets and send the shavings off-site for reuse, can I consider the metal sheets articles?Yes. If the only thing separated from the metal sheets during cutting are shavings, and if all the shavings are sent off-site for reuse, and the thickness of the metal sheet is not completely altered during processing, then the metal sheets are still considered articles and are exempt. If cutting results in shavings or other waste materials from the sheets, and if these shavings are completely captured and sent either on-site or off-site to be either recycled or reused, then the item (in this case, metal sheets) can retain the article exemption, given that the other criteria for exemption are met.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19463 19-463 463 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 463. A facility buys and sells rigid polyurethane insulating foam containing a fluorocarbon in higher than the de minimis concentration. The facility cuts the foam and packages it to be sold and distributed in commerce. Does the facility need to report the fluorocarbon, a Section 313 chemical, released to the air as a result of cutting polyurethane foam?Fluorocarbon in foam pieces that are cut counts toward the processing threshold. If the threshold is met, the facility must report all releases and other waste management of fluorocarbon as a result of cutting polyurethane foam and any diffusion of fluorocarbon in polyurethane foam to the environment under normal storage conditions. Note that the polyurethane foam may meet the article exemption if 0.5 pounds or less of fluorocarbon, from all like items, is released during processing and the foam maintains a specific shape or design.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19464 19-464 464 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 464. Does the article exemption apply to flat rolled sheet metals, if they are used in operations which typically produce scrap but no release?Assuming the scrap metal pieces are recognizable as the original piece, the article exemption does apply to these metals if the forming process caused 0.5 pounds or less of releases of a listed toxic chemical from all like items or the items retain the thickness of sheet metal in whole or in part. Once an operation is performed on a metal that causes a release which is not recycled and which exceeds 0.5 pounds for the reporting year (for example, from operations such as heating, grinding, or welding), the article exemption no longer applies and releases must be reported when listed chemicals in a sheet metal are processed in quantities greater than the processing threshold.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19465 19-465 465 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 465. A metals working plant machines, cuts, forms, and joins plate, cylinder, and other purchased metal alloy parts. Alloys of nickel and chromium, above de minimis levels, are processed in amounts that exceed 50,000 pounds per year. Does the article exemption apply since emissions from operations such as welding represent only a small fraction of the total metallic component of the surface area processed?Releases greater than 0.5 lb/yr of the chemicals contained in mixtures, including alloys, during fabrication operations disqualifies the item processed from the article exemption. Releases include the chemical component of fumes, dust, grindings, and turnings generated from metal fabrication activities. However, wastes generated in a form recognizable as the processed article (e.g., pieces of a plate or cylinder) are exempt from release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19466 19-466 466 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 466. Is bar stock that is used to make precision tuned parts an article and thus exempt from Section 313 reporting? The bar stock is processed to produce parts that in whole or in part retain the basic dimensional characteristic of the bar stock. The production of the part itself is dependent upon the specific shape and dimension of the bar stock and there are no releases during processing.Bar stock is an article if its basic dimensional characteristics are maintained in whole or in part in the finished product and if processing the bar stock does not result in releases. If the end product is totally different in diameter or thickness from the bar stock, the bar stock would not be an article.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19467 19-467 467 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 467. Can covered facilities which extrude copper bars or rods into wire treat the bar or rod as an article?No. If you are completely changing the shape or form of an item during processing, the article exemption no longer applies. An article has end use functions dependent in whole or in part upon its shape or design during end use. The end use function is dependent upon the copper being in the shape of the wire, so the copper bar cannot be considered an article. Also, in the above example the thickness or diameter of the entire item has been altered.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Copper; Otherwise Use; Process2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19468 19-468 468 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Copper (Copper Compounds); Otherwise Use; Process (Processing; Processed; Processes) 468. A company incorporates a material comprised of copper granules into roofing products, such as asphalt shingles. The copper granules are produced by milling and sorting bulk copper slag down to particle size ratios prescribed by the American Society for Testing and Materials (ASTM) to enhance the protection of the roofing product. Are the copper granules eligible for the articles exemption under EPCRA section 313?In order for an item to qualify for the articles exemption, it must be a manufactured item that is formed to a specific shape or design during manufacture, has end use functions dependent in whole or in part upon its shape or design, and does not release a toxic chemical under normal conditions of processing or otherwise use of the item (40 CFR Section 372.38(b)). Under TRI, particles, including granules, are not eligible for the articles exemption because they are not formed to a specific shape or design during manufacture (53 FR 4507; February 16, 1988). Therefore, the facility would need to count the toxic chemicals in the copper granules toward the processing threshold.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19469 19-469 469 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 469. A manufacturer of plastic bottles makes the bottles by blow-molding a mixture of plastic resin and polymer pellets that contain lead chromate (a toxic chemical) and fillers. Once the bottles are made, they are checked for flaws (i.e., a quality assurance check). Any bottles that do not pass the quality assurance test are placed in the facility dumpster and are subsequently disposed of in the local municipal landfill. Do these substandard bottles meet the article exemption and thereby exempt the lead chromate from being a release of a listed toxic chemical under Section 313?No. The manufacture of articles is not exempt. Thus, the lead chromate that is sent to the landfill is considered a release of lead chromate since the substandard bottles that are disposed of are waste from the manufacturing process.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Lead2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19470 19-470 470 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Lead (Lead Compounds) 470. A ship building facility incorporates lead bricks as ballast into the ships it distributes in commerce. The lead bricks remain permanently with the ship. They could be considered articles and therefore be exempt from reporting. However, the facility infrequently cuts some of the bricks, generating lead dust, which it collects and sends to an off-site lead reprocessor. How should the facility report? What should be counted towards the threshold if the lead bricks are not considered articles?If all of the lead is recycled or reused then the lead dust does not have to be counted as a release. Therefore, the cut bricks retain their article status. If while cutting the bricks, there are releases which are not recycled and that exceed 0.5 pounds for a year, then the cut bricks would not be considered articles. In this case, count only the lead in bricks actually processed toward the threshold determination. Any amounts of toxic chemicals sent off-site for recycling would be reported appropriately on the Form R.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Disposal; Lead; Process2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19472 19-472 472 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Disposal (Dispose); Lead (Lead Compounds); Process (Processing; Processed; Processes) 472. A covered manufacturing facility produces neon signs by bending leaded glass tubing. The facility uses enough tubing annually to process in excess of 100 pounds of lead, an EPCRA section 313 toxic chemical. When signs are formed from glass tubing, the diameter of the tubes remains unchanged and lead is not released during the heating or bending process, qualifying the tubes for the article exemption. If a discrete number of glass tubes are broken and discarded during the year, under what circumstances would disposal of the broken tubes constitute a release that negates the article exemption, and how would the facility calculate the amount of lead used in their operation?Disposal of the glass does not necessarily constitute a release which automatically negates the article exemption. For the tubing to meet the definition of an article when discarded, the diameter of the tubing must remain intact and unchanged. As a result, shards of glass no longer qualify as articles. If more than 0.5 pounds of lead is released and not recycled, then the article exemption would not apply to this glass tubing.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19473 19-473 473 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 473. During the construction and repair of ships, small quantities of a listed toxic chemical are emitted in the form of fumes when steel plates are being welded together. The steel plates are formed to a specific shape during manufacture and their end use function is dependent upon their shape. Are these steel plates articles and should the amount of toxic chemical (fumes from the steel plates) emitted from the steel plates during the welding process be included in determining the threshold?If the processing or otherwise use of all like manufactured items results in the release of 0.5 pounds or less of a toxic chemical, EPA will allow this quantity to be rounded to zero and the steel plates may be exempt as articles. If the listed toxic chemical that is released exceeds 0.5 pounds over a calendar year and is completely recycled or reused, on-site or off-site, then these steel plates may also be exempt as articles. Any amount that is not recycled or reused will count toward the 0.5 pound per year cut-off value.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19475 19-475 475 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 475. How should a facility owner/operator handle the reporting requirement for listed toxic chemicals found in industrial and commercial batteries under EPCRA section 313 that it uses on-site? What if the facility manufactures the batteries?An already manufactured item (e.g., maintenance-free batteries) containing a listed toxic chemical may be considered an article if the facility uses the item as intended and the listed toxic chemical is not emitted during its processing or otherwise use. If the facility services the item by replacing the listed toxic chemical, the amount of the listed toxic chemical added during the reporting year must be counted toward the threshold determination. For facilities which manufacture batteries, lead that is incorporated into a lead acid battery is processed to manufacture the battery, and; therefore, must be counted toward threshold determinations and release and other waste management calculations. The article exemption does not apply to the manufacture of an item. However, the use of the battery elsewhere in the facility may not have to be counted. Disposal of the battery after its use does not constitute a release.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Process2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19476 19-476 476 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Process (Processing; Processed; Processes) 476. If an automobile manufacturer receives finished car batteries and places these batteries into the cars they sell, must the automobile manufacturer report the lead which is incorporated in the battery?If the car battery is completely sealed while present at the facility, it would be considered an article, and thus would be exempt from EPCRA section 313 reporting. If lead is released from the batteries under normal processing at the facility, as might occur during maintenance of the battery, the release would negate the article exemption. If the exemption is negated, the amount of lead and any other toxic chemical in these non-article batteries would be applied toward the processing threshold to determine if the facility must report.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19478 19-478 478 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 478. A facility uses a catalyst containing a listed toxic chemical in a fixed bed reactor. The catalyst is in the form of cylindrical or trilobed extrudates (pellets) in a specific size. It is used to promote a chemical reaction and is not physically altered during use. The spent catalyst is sent to a reclaimer for eventual reuse. Can the catalyst be exempted as an article under Section 313?No. Although the catalyst is manufactured to a specific shape or design, and has end use functions dependent upon its shape during end use, EPA believes that releases occur during transfer operations. Therefore, the article exemption does not apply. Such catalysts usually contain dust size material that is not the same size and shape of the pellets. The likely releases would be dust emissions and potential spills that occur during charging and removing the catalyst from the reactor. Such operations are part of the normal conditions of processing and otherwise use that must be considered under the article definition. The intent of EPCRA is to capture all releases, whether they are intentional or not. The spent catalyst sent off-site for recycling does not itself constitute a release that invalidates the article exemption, as long as all of the toxic chemical is recycled. The facility should also consider whether any on-site regeneration of the catalyst results in the toxic chemical being released in waste streams.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19479 19-479 479 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 479. A covered facility processes a metal item containing nickel. The finished product retains in part the dimension characteristics of the original item and all the metal shavings resulting from the process are sent off-site for recycling. Since the Pollution Prevention Act requires reporting of recycled amounts of a listed toxic chemical, does that mean the material is not an article?The Pollution Prevention Act requirements do not affect the article status of the metal item. If all of the releases from the article are sent off-site for recycling, the item would still be exempt as an article. If this is the only occurrence of nickel in the facility, the facility would not have to report for nickel.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19480 19-480 480 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 480. A covered facility processes metal sheets containing nickel in a four-step process: (1) sheets are cut with a laser saw (releasing nickel fumes); (2) pieces are further ground to their final shape (releasing grindings); (3) ground pieces are sent off-site for heat treatment; and (4) heat treated pieces are returned to a facility where holes are bored (producing turnings) and the resultant pieces are assembled into the final product. How are releases reported?Although the pieces are sent off-site in step 3, they are returned to the process as essentially the same material. Thus, the activity is to be treated as a continuous process activity. If there is scrap material which is recognizable as the original form of the article, and if releases from steps 1, 2, and 4 (collectively), which are not recycled, do not exceed 0.5 pounds for the entire reporting year, then the metal sheets could be exempt as articles.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; PCB2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19481 19-481 481 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); PCB 481. A covered facility uses PCB transformers. Are these considered to be articles, and therefore exempt from reporting under Section 313?PCB transformers are considered to be articles, as long as PCBs are not released from the transformers during normal use or if the facility does not service the transformer by replacing the fluid with other PCB-containing fluid. </div></b><div style="visibility:hidden"></div></b>-
Articles Exemption2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19482 19-482 482 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption) 482. I process a plastic pipe which contains formaldehyde (3 percent by weight). I also know how much formaldehyde is released when I process the pipe. Do I need to report these emissions?If the quantity of the formaldehyde released during processing of all like items exceeds 0.5 pounds per year, the facility cannot take the article exemption for the pipe and all formaldehyde incorporated into the pipe should be counted toward the processing threshold. The facility should report if the processing threshold is exceeded. If the quantity of formaldehyde released during processing of the pipes is 0.5 pounds or less per year, the facility would not have to report because it is part of an article.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Metals; Reporting Responsibility2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19483 19-483 483 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Metals; Reporting Responsibility 483. Are there recommended methods for determining if the 0.5 lb release limit is exceeded from a metal stamping operation?EPA recommends that facilities use one or more of the following for performing release and other waste management calculations of EPCRA Section 313 chemicals: monitoring data, mass balance, emissions factors, and engineering calculations. If all wastes generated from stamping operations (including fume, dust, sludge and scrap pieces) are recycled or reused and the facility’s total releases will be equal to or less than 0.5 lb limit for each toxic chemical per year, the article exemption may apply. If releases (including disposal) of a toxic chemical are more than 0.5 lb, the article exemption is negated for that chemical and all quantities of that chemical in the metal sheets should be included in threshold determinations and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Process; Threshold Determination2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19484 19-484 484 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 484. A covered facility uses plastic containing di-(2-ethylhexyl) phthalate (DEHP) to wrap its products. The plastic is cut by a hot wire, a process during which minute quantities of DEHP are released. Is the plastic exempt from reporting and from supplier notification because it can be considered an article?The plastic wrap containing DEHP is not exempt as an article because quantities of DEHP are released during the cutting process. If a facility releases 0.5 pounds or less of DEHP during the reporting year from all like items, this amount can be rounded to zero and therefore would be exempt. If the facility can reasonably document that none of its customers are likely to release more than 0.5 pounds, no supplier notification is required.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Releases; Supplier Notification2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19827 19-827 827 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Releases (Released); Supplier Notification (Supplier Notice) 827. A covered facility uses plastic containing di-(2-ethylhexyl) phthalate (DEHP) to wrap its products. The plastic is cut by a hot wire, a process during which minute quantities of DEHP are released. Is the plastic exempt from reporting and from supplier notification because it can be considered an article?The plastic wrap containing DEHP is not exempt as an article because quantities of DEHP are released during the cutting process. If a facility releases 0.5 pounds or less of DEHP during the reporting year from all like items, this amount can be rounded to zero and therefore would be exempt. If the facility can reasonably document that none of its customers are likely to release more than 0.5 pounds, no supplier notification is required. </div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; Establishment; Lead; Normal Conditions; Otherwise Use; Process; Threshold Determination2. Exemptions >
2.F. Articles
<div style="visibility:hidden">19962 19-962 962 2019 Questions and Answers Consolidation2. Exemptions 2.F. Articles Articles Exemption (Article Exemption); Establishment (Multi-Establishment; Multiestablishment); Lead (Lead Compounds); Normal Conditions; Otherwise Use; Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 962. A federal facility provides maintenance for vehicles based at other federal facilities. Part of this activity includes maintenance of batteries that contain lead. Is the lead in these batteries exempt from threshold determinations and release and other waste management calculations under the articles exemption?Under 40 CFR 372.3, an “article” must be a manufactured item: (1) which is formed to a specific shape or design during manufacture; (2) which has end use functions dependent in whole or in part upon its shape or design; and (3) which does not release a toxic chemical under normal conditions of processing or otherwise use of the item at the facility or establishments. If the batteries containing lead are completely sealed while present at the facility, they would be considered articles, and thus would be exempt from EPCRA section 313 reporting. If, however, lead is released from the batteries into the environment, as would occur during maintenance of the batteries, the release would negate the articles exemption. If the exemption is negated, the amount of lead and any other EPCRA section 313 chemical in these non-article batteries would be applied toward the 25,000-pound processing threshold to determine if the facility must report.</div></b><div style="visibility:hidden"></div></b>Y
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