Should hazardous chemicals present in vehicles be considered as present in the "facility"?
The definition of "facility" for EPCRA Sections 311 and 312 does not include "motor vehicles, rolling stock and aircraft." Do hazardous chemicals present in cars, trucks, forklifts and other vehicles need to be considered for Sections 311 and 312 reporting as present in the "facility?"
Hazardous chemicals present in vehicles that are part of a facility, because they are used for activities within the facility or held for sale by the facility, would be considered for purposes of Part 370 because the chemicals would be considered "present at the facility." However, exemptions may apply to the chemicals in such vehicles, such as the personal or household product exemption under Section 311(e)(3) for some car batteries. The Section 311 and 312 requirements would not apply to chemicals present in vehicles that are not part of a facility because they are engaged in transportation and are exempt as chemicals in transportation under 327. For example, hazardous chemicals in a forklift used only within the facility would need to be considered, while chemicals in delivery trucks parked occasionally at the facility for unloading would not.