§ 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.
( ii ) [Reserved]
( 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]