Under 40 CFR Part 68, for the purpose of determining whether more than a threshold amount of a regulated substance is present at a stationary source, certain exemptions may apply. One such exemption is provided for "activities in laboratories" (40 CFR §68.115(b)(6)). If laboratory chemicals are stored outside the laboratory, are they exempt from threshold determination?
No. The storage of a regulated substance outside of a laboratory does not qualify for the laboratory use exemption, regardless of whether the substance will eventually be processed or used in the laboratory. When a regulated substance is manufactured, processed, or used in a laboratory at a stationary source under the supervision of a technically qualified individual, the quantity of the substance need not be considered in determining whether a threshold quantity is present. This exemption does not apply to specialty chemical production, pilot plant scale operations, or activities conducted outside the laboratory (40 CFR §68.115(b)(6)).