Question # 348

348. Would a facility that exterminates insects using pesticides containing listed toxic chemicals need to report for the listed toxic chemicals?
If the pesticides are used as part of routine facility maintenance and are not process-related, they would be exempt under the facility grounds maintenance exemption (40 CFR Section 372.38(c)(2)). If the pesticides are used for the comfort of the facility personnel, the listed toxic chemicals would be exempt under the personal use exemption (40 CFR Section 372.38(c)(3)). However, if the pesticides are used to support the facility’s process, neither exemption would apply, and a covered facility would need to consider the otherwise use of the listed toxic chemical in the pesticides in making threshold determinations. If the otherwise use threshold is exceeded, the facility should report the application of pesticides in Section 5.5.4 (Other Disposal).