Exclusion from Definition of Facility

The definition of facility under the Superfund law specifically excludes consumer products in consumer use. Therefore, releases from such products resulting from their intended use are excluded from Superfund reporting requirements. In addition, Superfund exempts the reporting of releases that result in exposure to persons solely within the workplace and do not constitute a release to the environment. Similarly, the Emergency Preparedness and Community Right-to-Know law exempts from state and local reporting, but not federal reporting, releases of extremely hazardous substances that result in exposure to persons solely within the site or sites in which a facility is located.

The term facility is defined differently under Superfund and the Emergency Preparedness law. The Emergency Preparedness law defines "facility" as "...all buildings, equipment, structures, and other stationary items which are located on a single site or on contiguous or adjacent sites and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person)." Whereas the Emergency Preparedness law excludes these terms under its definition of facility, Superfund specifically includes motor vehicles, rolling stock, and aircraft in its defintion of facility.