A facility tests specific components of a machinery line. Its functions include testing for durability of engines, hydraulic systems, power trains, electrical systems and transmissions; building prototypes of products; and qualitative and quantitative analytical testing of materials in a chemical laboratory. Since these activities are test, development, and research oriented, is the facility eligible for the laboratory activity exemption (40 CFR Section 372.38(d))?
Equipment and component testing is equivalent to laboratory activities and thus is eligible for the laboratory activity exemption as long as listed toxic chemicals are manufactured, processed, or otherwise used in a laboratory at a covered facility under the supervision of a technically qualified individual. Additional guidance on the laboratory activities exemption can be found in the Toxic Release Inventory Reporting Forms and Instructions, the Revised 1998 EPCRA Section 313 Questions and Answers Document, and the Addendum to 1998 Question and Answer Document.