940. The Postal Service is prohibited from opening any of the mail that it handles. Will EPA assume that the Postal Service should have known that an EPCRA section 313 chemical was present at the facility? Is the Postal Service required to include in its threshold determination those quantities of an EPCRA section 313 chemical at its facilities when those chemicals are present only in the mail being processed at the facilities?
No. The Postal Service need not include in its threshold determinations the quantities of EPCRA section 313 chemicals that are present in the mail being handled at its facilities. The Postal Service's activities in handling any packages containing EPCRA section 313 chemicals are not “manufacture,” “process,” or “otherwise use” (see 40 CFR Section 372.3).