Question # 972

972. A military base treats waste that results from personnel based on-site. To treat the wastewater, the DOD facility houses a wastewater treatment facility that uses chlorine during the treatment. Can the DOD facility claim the personal use exemption for the use of the chlorine used during the wastewater treatment?
No. The personal use exemption applies to the “Personal use by employees or other persons at the facility of foods, drugs, cosmetics, or other personal items containing EPCRA section 313 chemicals, including supplies of such products within the facility such as in a facility operated cafeteria, store, or infirmary (40 CFR Section 372.38(3)).” This exemption allows facilities to disregard mostly small-scale products that are ancillary to the operations of the facility. It cannot be claimed for products that are integral to operations. For a military base, housing personnel typically is integral to its operations. Treating the resultant wastewater also would be integral to its operations. The personal use exemption does not apply.