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Determining EPCRA 311 / 312 Compliance After Modifying Solid Manufactured Item

Under EPCRA section 311(e)(2), any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use is exempt from the definition of hazardous chemical and therefore need not be reported under EPCRA sections 311 and 312. However, modifying any portion of the solid manufactured item where exposure to a hazardous chemical can occur negates the exemption. How does the facility determine compliance?

Facilities only must include and count the amount of fume or dust emitted or released from a piece of metal, brick, or any other manufactured solid item that undergoes a modification process (i.e., cutting, welding, etc.) to determine whether the EPCRA sections 311 and 312 reporting thresholds have been reached. EPA believes it is unnecessary to count the weight of the entire solid manufactured item for emergency planning and community right-to-know purposes. (July 13, 2010, guidance and interpretations Federal Register notice (75 FR 39852, 39858))