971. Are federal facilities eligible for the personal use exemption?
Federal facilities, like all facilities subject to EPCRA section 313, must consider the use of the EPCRA section 313 chemicals and the operations of the facility when assessing eligibility under the personal use exemption. This exemption is limited to EPCRA section 313 chemicals used in non-process related activities. A facility for which providing services to the public or housing people is integral to its operations (process related) cannot claim the personal use exemption for EPCRA section 313 chemicals used to support those activities. EPCRA section 313 chemicals used in personal items, such as “white- out,” in the administrative offices of these facilities are not process-related, and therefore, would be eligible for the personal use exemption.