Question # 327

327. A facility is treating sanitary waste and, as a result of the treatment, nitrate compounds and/or ammonia are coincidentally manufactured. Are the manufactured Section 313 chemicals considered exempt under the personal use exemption?
No. Exemptions provided in 40 CFR Section 372.38 apply to the use of listed toxic chemicals. These exemptions do not include manufacturing or processing of listed toxic chemicals, even if this results from an activity where the use is exempt. If a listed toxic chemical is coincidentally manufactured during an activity where the use of a listed toxic chemical is exempt, the chemical manufactured is not exempt and amounts manufactured must be considered toward threshold and release and other waste management calculations.