Question # 148

148. Would an EPCRA section 313 chemical present in compressed air be exempt under the “intake water and/or air” exemption under EPCRA section 313? What if the same chemical is present in process emissions?
The “intake water/air” exemption of EPCRA section 313 (40 CFR 372.38(c)(5)) exempts the use of EPCRA section 313 chemicals present in air used either as compressed air or as a part of combustion. The quantity of EPCRA section 313 chemical present in the compressed air drawn from the environment would be exempt from threshold determinations. If that same chemical is present in air emissions only because it was in the compressed air fed to a piece of equipment or process, then it would also be exempt from release and other waste management calculations under EPCRA section 313.