Current through October 31, 2024
Section 27.203 - Calculating the screening threshold quantity by security issue(a)General. In calculating whether a facility possesses a chemical of interest that meets the STQ for any security issue, a facility need not include chemicals of interest: (1) Used as a structural component;(2) Used as products for routine janitorial maintenance;(3) Contained in food, drugs, cosmetics, or other personal items used by employees;(4) In process water or non-contact cooling water as drawn from environment or municipal sources;(5) In air either as compressed air or as part of combustion;(6) Contained in articles, as defined in 40 CFR 68.3 ;(7) In solid waste (including hazardous waste) regulated under the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., except for the waste described in 40 CFR 261.33 ; or(8) In naturally occurring hydrocarbon mixtures prior to entry of the mixture into a natural gas processing plant or a petroleum refining process unit. Naturally occurring hydrocarbon mixtures include condensate, crude oil, field gas, and produced water as defined in 40 CFR 68.3 .(b)Release chemicals - (1)Release-toxic, release-flammable, and release-explosive chemicals. Except as provided in paragraphs (b)(2) and (b)(3), in calculating whether a facility possesses an amount that meets the STQ for release chemicals of interest, the facility shall only include release chemicals of interest:(i) In a vessel as defined in 40 CFR 68.3 , in a underground storage facility, or stored in a magazine as defined in 27 CFR 555.11 ;(ii) In transportation containers used for storage not incident to transportation, including transportation containers connected to equipment at a facility for loading or unloading and transportation containers detached from the motive power that delivered the container to the facility;(iii) Present as process intermediates, by-products, or materials produced incidental to the production of a product if they exist at any given time;(iv) In natural gas or liquefied natural gas stored in peak shaving facilities; and(v) In gasoline, diesel, kerosene, or jet fuel (including fuels that have flammability hazard ratings of 1, 2, 3, or 4, as determined by using National Fire Protection Association (NFPA) 704: Standard System for the Identification of the Hazards of Materials for Emergency Response [2007 ed.], which is incorporated by reference at § 27.204(a)(2) ), stored in aboveground tank farms, including tank farms that are part of pipeline systems;(2)Release-toxic, release-flammable, and release-explosive chemicals. Except as provided in paragraph (b)(2)(i), in calculating whether a facility possesses an amount that meets the STQ for release-toxic, release-flammable, and release-explosive chemicals, a facility need not include release-toxic, release-flammable, or release-explosive chemicals of interest that a facility manufactures, processes, or uses in a laboratory at the facility under the supervision of a technically qualified individual as defined in 40 CFR 720.3 .(i) This exemption does not apply to specialty chemical production; manufacture, processing, or use of substances in pilot plant scale operations; or activities, including research and development, involving chemicals of interest conducted outside the laboratory.(3)Propane. In calculating whether a facility possesses an amount that meets the STQ for propane, a facility need not include propane in tanks of 10,000 pounds or less.(c)Theft and diversion chemicals. In calculating whether a facility possesses an amount of a theft/diversion chemical of interest that meets the STQ, the facility shall only include theft/diversion chemicals of interest in a transportation packaging, as defined in 49 CFR 171.8 . Where a theft/diversion-CW chemical is designated by "CUM 100g," a facility shall total the quantity of all such designated chemicals in its possession to determine whether the facility possesses theft/diversion-CW chemicals that meet or exceed the STQ of 100 grams.(d)Sabotage and contamination chemicals. A facility meets the STQ for a sabotage/contamination chemical of interest if it ships the chemical and is required to placard the shipment of that chemical pursuant to the provisions of subpart F of 49 CFR part 172. 72 FR 65419 , Nov. 20, 2007, as amended at 86 FR 41891 , Aug. 4, 2021 As amended at 86 FR 41891, 8/4/2021