Question # 322

322. Would listed toxic chemicals used as refrigerants in a facility’s air conditioning unit be exempt from EPCRA section 313 reporting under the personal use exemption (40 CFR Section 372.38(c)(3))?
Yes, if the air conditioning unit is used for the purpose of maintaining employee comfort, the listed toxic chemicals used in the unit would be exempt from EPCRA section 313 reporting under the personal use exemption. If, however, the air conditioning unit is integral to the facility’s operation or activity (e.g., maintaining constant temperature and humidity for machinery or cold storage rooms), then the toxic chemicals used in the unit would not be exempt from EPCRA section 313 reporting.

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