FAQ Number: 1784
Date Published: August 04, 2017
Question: Does a facility have to count theft/diversion chemicals of interest in transportation packaging towards the screening threshold quantity if the packaging is on or attached to motive power to include overnight?
Answer: Yes. 6 CFR Part 27.203(c) states that facilities must calculate theft/diversion chemicals of interest in transportation packaging, as defined in 49 CFR 171.8, when calculating whether a facility is at or above the screening threshold quantity as defined in Appendix A.
6 CFR Part 27.203(b)(ii) indicates that release chemicals of interest attached to motive power are not counted towards the facility’s screening threshold quantity (release is only counted when detached from the motive power). However, the Rule does not provide that same exception for theft/diversion chemicals of interest in transportation packaging on or attached to motive power. Therefore, theft/diversion chemicals are reportable whether or not attached to motive power. For further explanation of “motive power”, see page 65398 of the preamble Vol. 72, No. 223, Tuesday, November 20, 2007.
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