What is an “article”
The term ‘‘article’’ is defined in the TRI regulations at 40 CFR 372.3: ‘‘Article’’ means a manufactured item: (1) Which is formed to a specific shape or design during manufacture; (2) which has end use functions dependent in whole or in part upon its shape or design during end use; and (3) which does not release a toxic chemical under normal conditions of processing or use of that item at the facility or establishments.
TRI Articles Exemption
The articles exemption at 40 CFR 372.38(b) states that if a toxic chemical is present in an article at a facility, a person is not required to consider the quantity of the toxic chemical present in such article when determining whether an applicable TRI reporting threshold has been met or determining the amount of release to be reported. This exemption applies whether the person received the article from another person or the person produced the article. However, this exemption applies only to the quantity of the toxic chemical present in the article. If the toxic chemical is manufactured, processed, or otherwise used at the facility other than as part of the article, in excess of an applicable threshold quantity, the person is required to report. If a release of a toxic chemical occurs as a result of the processing or use of an item at the facility, that item does not meet the definition of article.
To clarify the application of the article exemption, EPA addressed the case of plastic film used at a facility. In their example, EPA considered how the articles exemption applied to extremely minor releases occurring from the hot-knife cutting of the plastic film, compared to extremely minor releases to the air from the plastic that would occur during storage on-site. Even though the releases from cutting the plastic were extremely small, they were caused by the use of the film, and therefore EPA concluded that these releases were not exempt. Releases from the plastic rolls emitted while in storage before use would not disqualify an item from the articles exemption if they were analogous to ‘‘weathering’’ or ‘‘natural deterioration” For the plastic film, the normal low-level migration of 313 chemicals from the plastic film does not constitute a release reportable under Section 313, according to EPA.
Caltha LLP provides expert environmental consultant services in Wisconsin to evaluate EPCRA reporting requirements, develop 313 chemical tracking procedures and to prepare EPCRA 313 Toxic Release Inventory reports.
For further information, contact Caltha LLP at:
Email: info@calthacompany.com
Phone: (763) 208-6430
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