168. Are on-site warehouses subject to the threshold determinations of section 313?
Warehouse operations can require threshold determinations. Reporting thresholds are based on “manufacture,” “process,” or “otherwise use” of an EPCRA section 313 chemical at the facility. Repackaging (e.g., pouring the contents of a 55 gallon drum into smaller containers) for distribution into commerce (e.g., shipped off-site to another federal facility within the same agency) at a warehouse is considered processing and the repackaged quantities of the EPCRA section 313 chemicals must be counted in the facility’s “process” threshold determinations. Simply receiving, storing, relabeling, distributing, or reshipping pre-packaged quantities from a shipment of packages is not “manufacture,” “process,” or “otherwise use.”