Question # 951

951. Can federal facilities claim the exemptions allowed under 40 CFR 372.38?
While EO 13148 allows federal agency facilities to claim the same exemptions, stating in Section 3-304 that “all other existing statutory or regulatory limitations or exemptions on the application of EPCRA section 313 shall apply to the reporting requirements set forth in section 3-304(a) of this order,” taking these exemptions often is counter to the basic tenet of the Order. This is especially the case when the exempted activities at federal facilities result in substantial releases and other waste management activities of EPCRA section 313 chemicals. A primary goal of EO 13148, is that federal facilities shall be leaders and responsible members of their communities by informing the public and their workers of possible sources of pollution resulting from facility operations.