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Chemicals in facility pipelines and the EPCRA transportation exemption

Section 327 of the Emergency Planning and Community Right-to-Know Act (EPCRA) exempts from any Title III reporting requirement (other than the §304 notification obligation) substances or chemicals in transportation and/or being stored incident to transportation. In a final rule promulgated April 22, 1987 (52 FR 13378), the Agency interpreted this provision to exempt from Title III reporting the transportation of substances in pipelines. Are substances and chemicals transported in pipelines within a facility (e.g., from one production plant to another) eligible for the transportation exemption? 

For a hazardous chemical or substance to be eligible for the transportation (EPCRA §327) it must be in transportation or in storage incident to such transportation under active shipping papers. Therefore, pipelines within a facility which run from one production plant to another would not be included in the transportation exemption. The substances in process equipment pipelines are subject to reporting.