Frequent Questions

Negating article exemption for article containing multiple TRI chemicals

EPCRA §313 chemicals contained in articles that are processed or otherwise used at a covered facility are exempt, as long as the item was formed to a distinct shape or design during manufacture, the item has end use functions dependent in whole or in part upon its shape or design, and the item does not release a toxic chemical under normal conditions.  If a facility has an aggregate release of greater than 0.5 pounds of a TRI chemical during the processing or otherwise use of an article, then the exemption is negated for the article and all like items.  A manufactured item contains nickel and chromium.  If there are releases of more than 0.5 pounds of nickel but less than 0.5 pounds of chromium, do the manufactured item and all like items still qualify for the article exemption for chromium?

If the manufactured item and all like items release more than 0.5 pounds of any toxic chemical, then those items lose their article status for all toxic chemicals contained in the items. Therefore, because the facility released more than 0.5 pounds of nickel, the manufactured item loses the article status for all TRI toxic chemicals, including chromium. The item would only qualify for the article exemption if the processing or otherwise use of all like items resulted in a total release of 0.5 pounds or less of nickel and 0.5 pounds or less of chromium.

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