Questions and Answers

Each Q&A addresses a specific aspect of TRI reporting. There are a few options available to search the Q&As, which may be used individually or in combination:

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Questions and AnswersKeyword(s)Category(hidden - contains search text)(hidden - contains search text)FedFac
Activity Threshold; Facility; NAICS; Otherwise Use; Process; Releases; Reporting Criteria; Reporting Requirements; Threshold Determination; Waste; Waste Management Activities1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19026 19-026 26 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Activity Threshold (Threshold Determination); Facility; NAICS (Industry Code); Otherwise Use; Process (Processing; Processed; Processes); Releases (Released); Reporting Criteria; Reporting Requirements; Threshold Determination (Activity Threshold); Waste; Waste Management Activities 26. EPCRA section 313 reporting requirements apply to facilities meeting the applicability criteria in 40 CFR Section 372.22. During a facility’s construction and prior to the onset of operations, toxic chemicals are otherwise used to construct and install process equipment. After the facility is constructed and begins operations, it will employ more than 10 full-time employees and will operate in a TRI-covered NAICS code. Must the facility apply toxic chemicals used during the construction and installation of process equipment towards the otherwise use threshold?The toxic chemicals need not be considered towards any activity threshold. Prior to initial facility construction and before an NAICS code can be assigned, the EPCRA section 313 reporting criteria in Section 372.22, including the activity threshold criterion, do not have to be considered. However, if chemical activity thresholds for any toxic chemicals used in the construction and installation of process equipment are exceeded elsewhere at the facility during the reporting year, all non-exempt releases and other waste management activities of those toxic chemicals occurring during the reporting year must be reported, including those non-exempt release and other waste management quantities associated with the construction and installation of process equipment. </div></b><div style="visibility:hidden"></div></b>-
Otherwise Use; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19127 19-127 127 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Otherwise Use; Threshold Determination (Activity Threshold) 127. A facility buys 10,000 pounds of a listed toxic chemical in one year and creates a mixture for a metal cleaning bath. In the following year, the facility begins cleaning metal in the bath. How does the facility determine thresholds for both years?The threshold applies to the total amount of the toxic chemical otherwise used during the reporting year that the mixture was created. The facility would count the entire 10,000 pounds and any amount added to the bath during that year toward the otherwise use threshold the first year. Only the amount of the toxic chemical added to the bath during the second year would be counted toward the otherwise use threshold determination for the second year.</div></b><div style="visibility:hidden"></div></b>-
Process; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19128 19-128 128 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 128. A facility owner/operator begins a process in December of Year 1 by mixing a batch of listed toxic chemicals into their product formulation. The mixture remains in the vat until January of Year 2. At that time, the mixture is packaged into quart containers and sent to customers. For Section 313 threshold purposes, are the toxic chemicals in the mixture considered processed in Year 1 or Year 2?Process is defined as ‘the preparation of a toxic chemical, after its manufacture, for distribution in commerce’ (40 CFR Section 372.3). The Agency interprets the activity of processing to be reportable when the toxic chemicals are initially prepared. Therefore, the amount of toxic chemicals mixed in Year 1 would be added to the processing threshold determination for Year 1.</div></b><div style="visibility:hidden"></div></b>-
Activity Threshold; Storage1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19129 19-129 129 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Activity Threshold (Threshold Determination); Storage 129. A coal mine receives a flotation agent containing a Section 313 chemical in December, but does not use it until the following January. Is the amount of toxic chemical in the flotation agent considered for threshold determinations for the reporting year during which they received the chemical?No. Storage in itself of a toxic chemical is not considered a manufacturing, processing, or otherwise use activity and, therefore, is not subject to threshold determinations. However, the facility is required to include any amounts released or otherwise managed as waste that occur during storage of the listed toxic chemical, provided a threshold for the same chemical has been exceeded elsewhere at the facility. When the toxic chemical is used in January, the facility will include the amount of toxic chemical used towards the applicable otherwise use or processing threshold, whichever is appropriate, for that reporting year.</div></b><div style="visibility:hidden"></div></b>-
Process1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19130 19-130 130 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Process (Processing; Processed; Processes) 130. If ore is extracted for ultimate distribution in commerce, are toxic chemicals in ore that are not actually distributed during the reporting year considered to be processed for threshold determination purposes, since they were prepared for distribution during the reporting year?Yes. The total amounts of the listed toxic chemicals contained in the ore are considered toward the facility’s processing threshold in the year that the amounts undergo a processing step. For purposes of the EPCRA section 313 threshold determination, extraction is considered a processing step and all amounts extracted for preparation of a product to be distributed in commerce are considered processed in the year they are extracted.</div></b><div style="visibility:hidden"></div></b>-
Facility; Process; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19131 19-131 131 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Facility; Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 131. A facility processes pipes, stores them for the remainder of the reporting year, and then ships them off-site the following year to be distributed in commerce. Are TRI chemicals in the pipes that were prepared but not actually distributed during the reporting year considered to be processed for threshold determination purposes?For purposes of the EPCRA section 313 TRI threshold determination, amounts of a TRI chemical prepared for distribution in commerce are considered processed in the year that they undergo the processing step. Therefore, even though the pipes were not distributed into commerce until the following reporting year, the chemicals in the pipes would be counted towards the processing threshold for the year in which they were prepared for distribution.</div></b><div style="visibility:hidden"></div></b>-
Process; Samples1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19132 19-132 132 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Process (Processing; Processed; Processes); Samples 132. Electricity generating facilities supply companies with ash for off-site market testing (e.g., the receiving company may test the ash to see if it can be used in a topsoil). Is this processing?Amounts of listed toxic chemicals contained in material or products that are sent off-site for sample testing are considered processed and these amounts must be considered toward threshold and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>-
Activity Threshold; Maximum Amount On-Site; Storage; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19134 19-134 134 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Activity Threshold (Threshold Determination); Maximum Amount On-Site; Storage; Threshold Determination (Activity Threshold) 134. If a facility has a chemical in storage but does not process or otherwise use it during the reporting year, is the owner/operator subject to reporting?No. Storage, in itself, would not meet an activity threshold under EPCRA section 313 (Note: the facility may have reporting requirements under other portions of EPCRA such as Sections 311 and 312). However, if the facility exceeds the manufacturing, processing, or otherwise use threshold for the same toxic chemical elsewhere at the facility, the facility must consider releases from the storage of the toxic chemical. The facility must also consider the amount of the Section 313 chemical in storage when calculating the maximum amount on-site during the year.</div></b><div style="visibility:hidden"></div></b>-
Storage; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19135 19-135 135 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Storage; Threshold Determination (Activity Threshold) 135. Are materials in inventory (i.e., amounts on hand at year end) factored into threshold determinations?No. Only quantities of a toxic chemical actually manufactured (including imported), processed, or otherwise used during the reporting year are to be counted toward a threshold.</div></b><div style="visibility:hidden"></div></b>-
Facility; Mixture; Otherwise Use; Process; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19136 19-136 136 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Facility; Mixture (Mixtures); Otherwise Use; Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 136. In a single year, a federal facility buys 10,000 pounds of a listed chemical and uses this amount to create a mixture (for example a metal cleaning bath). The mixture is used both during that year and the following year. How does the facility make threshold determinations for each year?Since the facility is applying the 10,000 pounds of the EPCRA section 313 chemical to the mixture for a process-related activity in the first year, the facility would count this amount toward its otherwise use threshold for that reporting year. For the following reporting year, only amounts of the EPCRA section 313 chemical added to the bath during that year would be counted toward the section 313 “otherwise use” threshold determination.</div></b><div style="visibility:hidden"></div></b>Y
Reuse; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19137 19-137 137 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Reuse; Threshold Determination (Activity Threshold) 137. If a facility employs a reuse system, how does it determine the amount that it must consider for threshold determinations?For reuse systems, the amount considered for threshold determination purposes is the amount added to the system during the reporting year. If the system is completely empty and is started up during the year, a facility makes its threshold determination by adding the total amount needed to charge the system to any amount which is added to the system during the reporting year.</div></b><div style="visibility:hidden"></div></b>-
Closed-loop; Otherwise Use; Reuse; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19138 19-138 138 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Closed-loop; Otherwise Use; Reuse; Threshold Determination (Activity Threshold) 138. Many facilities maintain reuse operations such as closed-loop refrigeration systems. If a facility uses 15,000 pounds of ammonia as a coolant in a closed-loop refrigeration system, this amount of the toxic chemical is considered otherwise used under EPCRA section 313 because the ammonia is not incorporated into the final product. Only the amount of a listed toxic chemical added to a refrigeration system during the reporting year must be included in the threshold calculation. If the facility replaces its refrigeration system but uses the same ammonia to maintain the new system, must the transferred ammonia be considered otherwise used and therefore included in threshold determinations for EPCRA section 313 reporting?In such reuse systems, the amount of listed toxic chemical which must be applied toward the otherwise use threshold would include any quantity added as a result of start-up or total replacement of the contents of the reuse operation. If a reuse system is completely empty and is started up during the year, a facility must base its threshold determination on the total amount initially needed to charge the system plus any amount which is subsequently added to the system during the year. In this case, the 15,000 pounds of ammonia should have been counted towards the otherwise use threshold when it was first used to charge the old system and any ammonia added to maintain the level of ammonia in the old system should also have been counted towards the otherwise use reporting threshold in the year that it was added. If the facility is reusing ammonia from the old system by simply using it again in a new system this amount of ammonia would not have to be counted towards the otherwise use threshold because it should have already been counted towards that threshold. Once a chemical has been counted towards the otherwise use threshold, any further use of that listed chemical at a facility does not need to be counted again towards the otherwise use threshold.</div></b><div style="visibility:hidden"></div></b>-
Recycling; Reuse; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19139 19-139 139 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Recycling (Recycle); Reuse; Threshold Determination (Activity Threshold) 139. A toxic chemical in a solvent is used, recycled on-site, and then reused as a solvent at the facility. How is that toxic chemical handled for the purpose of threshold determination for Section 313?For solvents in an on-site recycle and reuse system, the total amount of new toxic chemical added to the system during the reporting year is counted towards the otherwise use threshold. The amount of the toxic chemical that is re-circulated in the recycle/reuse system is not considered towards the threshold determination unless it is replaced.</div></b><div style="visibility:hidden"></div></b>-
Facility; Form R; Otherwise Use; Process; Recycling; Reuse; Threshold Determination; Waste1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19142 19-142 142 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Facility; Form R; Otherwise Use; Process (Processing; Processed; Processes); Recycling (Recycle); Reuse; Threshold Determination (Activity Threshold); Waste 142. A covered TRI facility otherwise uses a solvent containing trichloroethylene (TCE), a listed toxic chemical, in its production process. Once the solvent has been used, the facility reclaims it on-site and then reuses it. This on-site recycling process occurs several times until the solvent can no longer be used. How should the facility consider the TCE in the solvent for purposes of EPCRA section 313 threshold determination and release and waste management calculations?For threshold determination, the amount of the TCE in the solvent should be counted only once toward the otherwise use threshold, regardless of how many times the solvent is reused on-site. However, for release and other waste management calculations, the facility must consider the quantity of TCE recycled on-site each time it is recycled, and report the aggregate total quantity in Part II, Section 8.4 of the Form R. In addition, the facility would report the on-site recycling methods in Part II, Section 7C. </div></b><div style="visibility:hidden"></div></b>-
Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19144 19-144 144 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Threshold Determination (Activity Threshold) 144. A covered facility feeds 50,000 pounds of solvent containing 90 percent methyl isobutyl ketone (MIBK) (i.e., 45,000 pounds) into a recycling process that is 85 percent efficient. The facility distributes the recovered MIBK in commerce. Should the facility count 45,000 pounds of MIBK (i.e., the entire amount that was inserted into the process) towards the processing threshold?Yes. The facility considers the entire amount (45,000 pounds of MIBK) entering the recovery system toward the processing threshold regardless of the recovery efficiency of the process.</div></b><div style="visibility:hidden"></div></b>-
Remediation; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19145 19-145 145 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Remediation (Remedial); Threshold Determination (Activity Threshold) 145. If you operate a treatment plant as part of remediation at a Superfund site on your facility, do contaminants (already present at the site) have to be included in calculating thresholds and releases and other waste management activities?EPCRA section 313 listed toxic chemicals undergoing remediation are not included in threshold determinations because remediated chemicals are not manufactured, processed, or otherwise used. However, if a covered facility exceeds an activity threshold for a listed toxic chemical elsewhere at the facility, any releases and other waste management activities of the listed toxic chemicals undergoing remediation must be included in the facility’s release and other waste management calculations. In that event, a release does not include material already in a landfill but does include any material released to the environment or transferred off-site due to the remedial activity.</div></b><div style="visibility:hidden"></div></b>-
Intake Water Exemption; Release Reporting; Remediation; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19147 19-147 147 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Intake Water Exemption (Compressed Air); Release Reporting; Remediation (Remedial); Threshold Determination (Activity Threshold) 147. A covered facility removes toxic chemicals from groundwater in a clean-up action. The listed toxic chemicals, after treatment, are sent off-site for disposal. Is the facility required to report? Does the exemption for intake water apply?Since the toxic chemicals are not manufactured, processed, or otherwise used, no reporting threshold applies to the cleanup action. If the toxic chemicals are manufactured, processed, or otherwise used elsewhere at the facility and exceed a threshold, releases and other waste management activities from the cleanup must also be reported on the Form R. The quantities of toxic chemicals in the remediation wastes that are sent off-site for waste management are reported in Part II, Section 8.8. The intake water exemption does not apply since the toxic chemicals are not being used in a process activity and because the toxic chemicals in groundwater are not at background levels.</div></b><div style="visibility:hidden"></div></b>-
Facility; Otherwise Use; Releases; Threshold Determination; Waste1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19149 19-149 149 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Facility; Otherwise Use; Releases (Released); Threshold Determination (Activity Threshold); Waste 149. A facility uses an EPCRA section 313 chemical for deicing runways. Some of this chemical is obtained through the remediation of soil and groundwater contaminated in previous years. When making its threshold determinations for this chemical, should the facility account for the amount of the recovered chemical that is used for deicing?Yes. Deicing runways would be considered an “otherwise use” activity (40 CFR Section 372.3). The facility, therefore, should count the amount of EPCRA section 313 chemical used in the deicing toward its otherwise use threshold. This would include any amount of the chemical recovered from the remediation of soil and groundwater from previous years, as well as amounts obtained from purchases. Any amount of the remediated toxic chemical that the facility does not use for a reportable activity (e.g., deicing runways) would not have to be counted towards the otherwise use threshold. However, all releases or other waste management of that remediated toxic chemical would be subject to reporting under EPCRA section 313 if the facility met a reporting threshold for that chemical elsewhere at the facility.</div></b><div style="visibility:hidden"></div></b>Y
Import; Manufacture; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19150 19-150 150 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Import (Imported); Manufacture (Manufactured; Manufacturing; Produce; Produced); Threshold Determination (Activity Threshold) 150. Can chemicals be added to or subtracted from the EPCRA section 313 chemical substance list?Yes. EPCRA lists have evolved since the statute was passed in 1986. As more information has become available on the hazards and toxicity of chemicals, EPA has responded by identifying chemicals to be added to or taken off the EPCRA lists; EPA expects to continue this activity. When chemicals are added to or taken off the EPCRA lists, EPA always publishes a notice in the Federal Register. The most recent list of EPCRA section 313 chemicals is accessible online at: https://www.epa.gov/toxics-release-inventory-tri-program/tri-listed-chemicals. You may also contact the EPCRA Hotline at 1-800-424-9346 to obtain information on the latest additions to or deletions from the list of EPCRA section 313 chemicals.</div></b><div style="visibility:hidden"></div></b>-
Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19158 19-158 158 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Threshold Determination (Activity Threshold) 158. How does a facility determine what EPCRA section 313 chemicals it has on-site?There are many ways a facility can identify the EPCRA section 313 chemicals it has on-site. Here are some: (1) look for Safety Data Sheets (SDS); (2) look at acquisition and procurement records; (3) examine existing environmental permits; (4) review process engineering records; (5) look at chemical composition sheets provided by suppliers; and (6) utilize professional knowledge.</div></b><div style="visibility:hidden"></div></b>-
Manufacture; Process; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19160 19-160 160 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Manufacture (Manufactured; Manufacturing; Produce; Produced); Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 160. A chemical manufacturing facility manufactures 20,000 pounds of benzene on-site for distribution and sale. The same facility purchases and then repackages and sells a cleaning mixture that contains benzene. Over the calendar year the facility repackages and sells (i.e., processes) 10,000 pounds of benzene in the cleaning mixture and sells the 20,000 pounds of benzene that is manufactured on-site. How many pounds of benzene should the facility count toward its processing threshold?The facility should consider 30,000 pounds of benzene (the 10,000 pounds in the cleaning solution plus the 20,000 pounds of benzene manufactured and sold) toward the facility’s processing threshold. When determining if a facility meets a chemical use threshold, owners and operators of covered facilities must consider each chemical use activity separately to determine if any one threshold has been met. For the purposes of EPCRA section 313, process means ‘the preparation of a toxic chemical, after its manufacture, for distribution in commerce...’ (40 CFR Section 372.3) A facility that creates a listed toxic chemical and then prepares it for distribution in commerce is both manufacturing and processing the listed toxic chemical and must consider the amount of the toxic chemical manufactured and processed towards both thresholds.</div></b><div style="visibility:hidden"></div></b>-
Manufacture; Process; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19161 19-161 161 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Manufacture (Manufactured; Manufacturing; Produce; Produced); Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 161. Are the thresholds for manufacture and process considered separately? That is, if a covered facility manufactures 24,000 pounds of toxic chemical A (a non-PBT chemical) and processes 24,000 pounds of toxic chemical A, does the facility need to report for toxic chemical A?No. The facility does not have to report because it has not independently exceeded either threshold. Thresholds are considered separately for manufacture, process, and otherwise use of the same toxic chemical. Assuming that no individual threshold is met for chemical A (i.e., manufacturing, processing, or otherwise use), the facility does not trigger reporting for chemical A.</div></b><div style="visibility:hidden"></div></b>-
Threshold Determination; Warehouse1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19167 19-167 167 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Threshold Determination (Activity Threshold); Warehouse 167. How are warehouses affected by Section 313?A warehouse located within the physical boundary of a covered facility is part of the facility. Toxic chemicals manufactured, processed, or otherwise used at the warehouse are included in making threshold determinations and release and other waste management calculations for the toxic chemicals. </div></b><div style="visibility:hidden"></div></b>-
Facility; Manufacture; Otherwise Use; Process; Repackage; Threshold Determination; Warehouse1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19168 19-168 168 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Facility; Manufacture (Manufactured; Manufacturing; Produce; Produced); Otherwise Use; Process (Processing; Processed; Processes); Repackage (Repackaging); Threshold Determination (Activity Threshold); Warehouse 168. Are on-site warehouses subject to the threshold determinations of section 313?Warehouse operations can require threshold determinations. Reporting thresholds are based on “manufacture,” “process,” or “otherwise use” of an EPCRA section 313 chemical at the facility. Repackaging (e.g., pouring the contents of a 55 gallon drum into smaller containers) for distribution into commerce (e.g., shipped off-site to another federal facility within the same agency) at a warehouse is considered processing and the repackaged quantities of the EPCRA section 313 chemicals must be counted in the facility’s “process” threshold determinations. Simply receiving, storing, relabeling, distributing, or reshipping pre-packaged quantities from a shipment of packages is not “manufacture,” “process,” or “otherwise use.”</div></b><div style="visibility:hidden"></div></b>Y
Activity Threshold; Coincidental Manufacturing; Facility; Facility Closure; Manufacture; Otherwise Use; Process; Releases; Waste; Waste Management Activities1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19169 19-169 169 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Activity Threshold (Threshold Determination); Coincidental Manufacturing (Byproduct; Coincidental Manufacture); Facility; Facility Closure (Closed Facility); Manufacture (Manufactured; Manufacturing; Produce; Produced); Otherwise Use; Process (Processing; Processed; Processes); Releases (Released); Waste; Waste Management Activities 169. A facility is in operation for the first three months of a reporting year, but does not exceed any activity thresholds for a listed TRI chemical and subsequently closes. The closed facility then demolishes buildings on the site. During this process, residual amounts of the TRI chemical are sent off-site for further waste management. Does the facility need to count quantities of the chemical managed during demolition towards activity thresholds?Demolition of materials or equipment containing TRI toxic chemicals, by itself, is not a threshold activity. Any TRI toxic chemicals used to perform demolition should be counted toward the otherwise use threshold and any toxic chemicals coincidentally manufactured during demolition should be counted toward the manufacturing threshold. Therefore, if no TRI chemicals were used or manufactured during demolition and an activity threshold was not exceeded while the facility was in operation, the facility, while subject to TRI reporting, is not required to submit a TRI report. However, if the facility exceeded an activity threshold while in operation during the first three months of the reporting year or the facility exceeded an activity threshold based on the activities in the first three months coupled with any otherwise use of toxic chemicals to perform the demolition and any coincidental manufacture of toxic chemicals during demolition, then any releases and other waste management activities during those three months as well as during demolition activities would need to be reported on a TRI reporting form. Releases must be reported on the Form R unless the criteria are met for submission of a Form A Certification Statement in lieu of a Form R.</div></b><div style="visibility:hidden"></div></b>-
Concentration Range; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19172 19-172 172 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Concentration Range; Threshold Determination (Activity Threshold) 172. If a covered facility only knows the range of concentration of a Section 313 toxic chemical in a mixture, is it required to use the upper bound concentration to determine thresholds? Use of the average or midpoint of the range will avoid overestimating emissions. If a metal mixture contains a range of 1 to 10 percent of three metals together, how can this information be used to determine thresholds?The upper bound should be used if the person knows only the upper bound concentration. For the combination of three toxic chemicals, the owner/operator of the facility should split the upper bound among the three toxic chemicals based on the knowledge that it has, so the total equals 10 percent. If a range is available, using the midpoint or average is reasonable. In this case, if there is a range of 1 to 10 percent of a mixture of three toxic chemicals, the facility would divide the midpoint (5 percent) by three. Therefore, the facility would assume 1.33 percent of each of the toxic chemicals in the mixture. The owner/operator of the facility does not have to assume 10 percent maximum for each toxic chemical.</div></b><div style="visibility:hidden"></div></b>-
Concentration Range; Mixture; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19173 19-173 173 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Concentration Range; Mixture (Mixtures); Threshold Determination (Activity Threshold) 173. A covered facility uses a mixture in its processing operations and knows only that the mixture contains less than 99.9 percent of four listed toxic chemicals (combined). How should it report?The facility should proportion the amount of chemicals so that their total percentage equals 99.9 percent, since each one cannot physically be present at 99.9 percent. The percentage could be divided equally among the four, unless the facility has some basis for proportioning them differently.</div></b><div style="visibility:hidden"></div></b>-
Concentration Range; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19174 19-174 174 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Concentration Range; Threshold Determination (Activity Threshold) 174. A covered facility is told by its supplier that the mixture the facility receives contains as much as 80 percent of 4-aminobiphenyl, a listed toxic chemical, and as little as 20 percent. How should the facility estimate the concentration of 4-aminobiphenyl in this mixture?If the facility knows the upper and lower bound concentrations in a mixture (i.e., 80 and 20 percent), it should use the midpoint of these concentrations for threshold determinations. In this instance, 50 percent should be used because it is the midpoint between 80 and 20 percent.</div></b><div style="visibility:hidden"></div></b>-
Concentration Range; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19175 19-175 175 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Concentration Range; Threshold Determination (Activity Threshold) 175. A covered facility receives a mixture from a supplier who only provides the lower bound concentration of a Section 313 listed toxic chemical in the mixture (e.g., more than two percent toluene). Should the covered facility use this information in threshold determinations for the listed toxic chemical?The facility should subtract out the percentage of any other known components of the mixture to determine what a reasonable ‘maximum’ percentage of toluene could be (e.g., if the mixture contains 80 percent water then toluene can be no more than 20 percent). The facility then should use the midpoint of the ‘minimum’ and ‘maximum’ percentages in order to determine the pounds of toluene to apply toward the threshold. If no other information is available, the facility should assume that the ‘maximum’ is 100 percent.</div></b><div style="visibility:hidden"></div></b>-
Concentration Range; Mixture; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19176 19-176 176 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Concentration Range; Mixture (Mixtures); Threshold Determination (Activity Threshold) 176. A covered facility knows that a mixture it processes contains up to 56 percent of mustard gas, a listed toxic chemical. How should the facility estimate the concentration of mustard gas in this mixture for threshold determinations?If the facility knows only the upper bound concentration of the listed toxic chemical and has no other information about the concentration of the other components of the mixture, it should use this upper bound (i.e., 56 percent) for threshold determinations.</div></b><div style="visibility:hidden"></div></b>-
Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19179 19-179 179 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Threshold Determination (Activity Threshold) 179. A covered manufacturing facility ceased operations at the beginning of the reporting year and construction work took place through July. At that time, the facility resumed manufacturing operations. Listed toxic chemicals were used at the facility during the construction phase. For purposes of threshold determinations and release and other waste management calculations under EPCRA section 313, does the facility include in its calculations the toxic chemicals used during construction when the facility was not in operation?Yes. Since the facility is a covered facility, any covered activity of a listed toxic chemical will count toward an applicable threshold. Therefore, the toxic chemicals used during the construction phase would be counted toward threshold determinations. Releases and other waste management of a given toxic chemical, used during construction, would also be reported if, during the course of a reporting year, an activity threshold was exceeded for that toxic chemical. If the toxic chemical becomes a fixed part of the facility structure and is not process-related, then the structural component exemption may apply.</div></b><div style="visibility:hidden"></div></b>-
Metal Compounds; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19180 19-180 180 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Metal Compounds; Threshold Determination (Activity Threshold) 180. How are threshold determinations made for metal-containing compounds?Threshold quantities for metal compounds are based on the total weight of the metal compound, not just the metal portion of the metal compound. The threshold quantities are determined by adding up the total weight of all metal compounds containing the same parent metal. However, release and other waste management calculations are based solely on the weight of the parent metal portion of the metal compounds. Note that there are a few metal compounds that are separately listed and are not counted in the metal compounds categories. For example, maneb (CAS number 12427-38-2) is a manganese compound that is a separately listed chemical and is not reportable under the manganese compounds category.</div></b><div style="visibility:hidden"></div></b>-
Chromium; Metal Compounds; Mixture; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19185 19-185 185 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Chromium (Chromium Compounds); Metal Compounds; Mixture (Mixtures); Threshold Determination (Activity Threshold) 185. If a covered facility has a solution containing a chromium compound, does the facility need to report on the entire mixture or just the chromium when making a threshold determination under Section 313?To determine if a facility meets an applicable threshold for the chromium compound (or any toxic chemical) in a solution, the facility is required to determine the weight percent of chromium compound in the solution and use that amount for the threshold determination (40 CFR Section 372.30(b)).</div></b><div style="visibility:hidden"></div></b>-
Metal Compounds; Process; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19186 19-186 186 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Metal Compounds; Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold) 186. A product is immersed into a plating bath containing nickel chloride (NiCl) to bond nickel to it prior to distribution in commerce. Nickel is incorporated into the final product whereas the chloride remains in the plating bath. Since nickel chloride is reportable under the nickel compound category of Section 313, which threshold applies?The total weight of nickel chloride used in the plating bath is considered towards the facility’s processing threshold determination. If the facility exceeds the threshold, the owner/operator would only report releases and other waste management of the nickel, the parent metal. Because the facility is also creating elemental nickel, the amount of nickel manufactured from nickel chloride is considered towards the manufacturing threshold. The facility is also processing the elemental nickel. If the facility exceeds thresholds for both chemicals independently, they may file one Form R for nickel and nickel compounds.</div></b><div style="visibility:hidden"></div></b>-
Metal Compounds; Mixture; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19187 19-187 187 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Metal Compounds; Mixture (Mixtures); Threshold Determination (Activity Threshold) 187. A covered facility manufactures specialty glass products. The starting materials are primarily metal silicates which are ground into a powder, mixed, and heated. The resulting mixture, the specialty glass, has all the metal silicates melted together in a non-crystalline structure. Since the metal silicates do not exist by themselves in the mixture, how should a threshold determination be made?The metal silicates are processed since they become incorporated into a product (the specialty glass) that is distributed in commerce. If the metal silicates still exist as the original metal silicates but just mixed together then each metal silicate that belongs to a particular metal compound category is included in the processing threshold calculations for that category. If the metal silicates have been reacted to produce another compound (i.e., if the specialty glass is not just a mixture of individual metal silicates but is another new metal compound) then the metal silicates have still been processed, but a new metal compound has also been manufactured and its weight (i.e., the whole weight of the glass) must be included in the manufacturing threshold calculations.</div></b><div style="visibility:hidden"></div></b>-
Fuel; Manufacture; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19189 19-189 189 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Fuel; Manufacture (Manufactured; Manufacturing; Produce; Produced); Threshold Determination (Activity Threshold) 189. A covered facility purchases natural gas that contains EPCRA section 313 toxic chemicals. The facility uses the gas on-site to heat buildings and power equipment. Before the natural gas is used, the listed toxic chemicals are removed and destroyed in a flare. The definition of manufacturing in 40 CFR Section 372.3 states that, ‘manufacture also applies to a toxic chemical that is produced coincidentally during the manufacture, processing, otherwise use or disposal of another chemical or mixture of chemicals, including a toxic chemical that is separated from that other chemical or mixture of chemicals as a byproduct...’ Are the toxic chemicals that are removed from the natural gas coincidentally manufactured, and hence subject to threshold determination under EPCRA section 313?The removal and destruction of an EPCRA section 313 toxic chemical from a fuel before it is used by a facility is not considered an activity that falls under the definition of manufacturing, processing or otherwise use. Facilities that use natural gas in production processes sometimes need to remove impurities from the gas before it is used. Such a facility does not coincidentally produce toxic chemicals as byproducts, but merely separates and removes toxic chemicals already present in the gas. These chemicals would not be subject to threshold determinations for reporting under EPCRA section 313, and would not be subject to release and other waste management reporting unless an activity threshold is exceeded elsewhere at the facility. If the facility exceeds an activity threshold elsewhere, all releases and other waste management activities from the impurity removal process would be reportable. Although these chemical impurities are usually destroyed, they could also be captured for further use at the facility or for sale as products, either of which would constitute a reportable activity under EPCRA section 313. If the chemicals are collected and sold as products or incorporated into products, they are considered processed and the amount of each chemical is applied toward its processing threshold. Otherwise use refers to any use of a toxic chemical that is not covered by the definitions of manufacture or process (40 CFR Section 372.3). If the chemicals are collected for further use at the facility or if the chemicals are combusted for energy recovery, the chemicals are considered otherwise used, and the amount of each chemical is applied toward its otherwise use threshold.</div></b><div style="visibility:hidden"></div></b>-
Non-isolated Intermediates; TSCA; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19192 19-192 192 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Non-isolated Intermediates; TSCA; Threshold Determination (Activity Threshold) 192. The Toxic Substances Control Act (TSCA) does not regulate non-isolated reaction intermediates. Do these intermediates still need to be considered for threshold determinations and release and other waste management calculations for EPCRA section 313?A covered facility owner/operator would need to consider the quantity of non-isolated reaction intermediates manufactured, processed, or otherwise used at the facility when determining thresholds and releases and other waste management activities for EPCRA section 313. There is no exemption for non-isolated intermediates under EPCRA section 313.</div></b><div style="visibility:hidden"></div></b>-
Manufacture; Reuse; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19194 19-194 194 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Manufacture (Manufactured; Manufacturing; Produce; Produced); Reuse; Threshold Determination (Activity Threshold) 194. When making threshold determinations under EPCRA section 313, must a person count any amount of a toxic chemical that is created at a facility toward the manufacturing threshold, even if the chemical is almost immediately destroyed?Yes. Any time a toxic chemical (or the reportable form of a qualified toxic chemical) is generated at a facility, it must be counted toward the manufacturing threshold. This is the case regardless of whether the chemical is created actively or passively, intentionally or unintentionally, in a process stream or in a waste stream, and regardless of how long the chemical exists at the facility or whether it is an isolated or non-isolated intermediate. [Note that there are special exceptions to this rule for sulfuric acid and hydrochloric acid aerosols generated in acid reuse systems and storage tanks. Please see EPCRA section 313 Guidance for Reporting Hydrochloric Acid and EPCRA section 313 Guidance for Reporting Sulfuric Acid.]</div></b><div style="visibility:hidden"></div></b>-
PCB; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19195 19-195 195 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations PCB; Threshold Determination (Activity Threshold) 195. A covered manufacturing facility removes PCB-laced oil that was contained in its on-site transformers. Would this activity be considered processing or an otherwise use of the PCBs, a listed toxic chemical, if the facility only extracts the PCB to dispose of it off-site?If the PCB-laced oil is removed from an on-site transformer for disposal and is not replaced with clean PCB-laced oil, this would not be considered processing or an otherwise use. Removal of a toxic chemical from an article for disposal does not constitute a process or otherwise use activity. Therefore, this activity would not be subject to threshold determinations and release and other waste management reporting under EPCRA section 313.</div></b><div style="visibility:hidden"></div></b>-
Metals; Process; Threshold Determination; Waste1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19241 19-241 241 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Metals; Process (Processing; Processed; Processes); Threshold Determination (Activity Threshold); Waste 241. A federal facility melts down submarines and sells or further uses the constituent metals. These constituent metals contain EPCRA section 313 chemicals. Should the facility include the EPCRA section 313 chemicals in these metals in its threshold determinations?Yes. A federal facility that melts down submarines and sells the constituent metals that contain EPCRA section 313 chemicals is “processing” the chemicals in those metals for further distribution in commerce. If the facility further uses the constituent metals, for example tools were made from the metal for use on-site in production operations, it is “otherwise using” the EPCRA section 313 chemicals. Therefore, the facility should consider the amount of EPCRA section 313 chemicals when making threshold determinations and release and other waste management calculations.</div></b><div style="visibility:hidden"></div></b>Y
Metal Alloy; Mixture; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19260 19-260 260 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Metal Alloy; Mixture (Mixtures); Threshold Determination (Activity Threshold) 260. How does a facility determine the threshold for reporting of a listed toxic chemical (such as chromium) in a solid piece of steel which it processes?Since steel is a mixture (and not a compound), the processing threshold determination is made based on the total amount of each toxic chemical present in the steel. If the toxic chemical is present in a known concentration, the amount present can be calculated by multiplying the weight of the steel by the weight percent of the listed toxic chemical (see 40 CFR Section 372.30(b)(3)). The threshold for processing chromium is 25,000 pounds.</div></b><div style="visibility:hidden"></div></b>-
Articles Exemption; De minimis Exemption; Metal Alloy; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19262 19-262 262 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Articles Exemption (Article Exemption); De minimis Exemption; Metal Alloy; Threshold Determination (Activity Threshold) 262. Regarding non-PBT metals in mixtures, such as chromium in an alloy (stainless steel), how are thresholds and releases and other waste management activities accounted for in a foundry type operation where all of the metals are melted down? Could the de minimis and article exemptions be applied?For threshold purposes, if the listed non-PBT chemicals in the metals are processed, otherwise used, manufactured as an impurity (that remains with the product), or imported below the de minimis levels, then the de minimis exemption may be taken for that metal in the alloy. However, the article exemption cannot be taken for this type of foundry operation since in founding, a metal is melted down and poured into a mold. Consequently, the resulting metal is not recognizable as its original form.</div></b><div style="visibility:hidden"></div></b>-
Landfill; Otherwise Use; Process; Recycling; Threshold Determination; Waste1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19286 19-286 286 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Landfill; Otherwise Use; Process (Processing; Processed; Processes); Recycling (Recycle); Threshold Determination (Activity Threshold); Waste 286. An EPCRA section 313 covered facility receives a waste from offsite for the purpose of recovering the waste’s silver content. The facility is only able to recover some of the silver from the waste, and the remaining waste that still contains some quantity of silver is ultimately disposed in an on-site landfill. The recovered silver is subsequently distributed in commerce. Must all of the silver in the incoming waste be counted towards the facility’s processing threshold for silver, or just the amount that actually gets recovered and distributed in commerce?All of the silver in the incoming waste must be counted toward the processing threshold. Whenever a toxic chemical is processed, the entire quantity of the toxic chemical involved in that activity must be counted toward the processing threshold for that chemical, even if only some of the toxic chemical actually becomes distributed in commerce. It is not appropriate to discount quantities of the toxic chemical that are not actually distributed in commerce (e.g., quantities of the toxic chemical in overspray, scrap, dust, unreacted material, or unrecovered material) from the threshold determination. In the above scenario, the amount of silver left over (i.e., not recovered) that is disposed onsite must also be counted toward the otherwise use threshold, because it was brought onsite for the purpose of waste management (recycling) and was then disposed at the facility.</div></b><div style="visibility:hidden"></div></b>-
Import; Manufacture; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19314 19-314 314 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Import (Imported); Manufacture (Manufactured; Manufacturing; Produce; Produced); Threshold Determination (Activity Threshold) 314. If a covered facility manufactures 19,000 pounds, processes 18,000 pounds, and imports 7,000 pounds of toxic chemical X (a non-PBT chemical) during the reporting year, is it required to report for toxic chemical X?Yes. For the reporting year, the facility would have to report for toxic chemical X because it would have exceeded the manufacture threshold of 25,000 pounds (19,000 (manufactured) + 7,000 (imported) = 26,000). Note that importing constitutes manufacturing, and therefore, the amounts must be added together for threshold determinations.</div></b><div style="visibility:hidden"></div></b>-
Asbestos; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19540 19-540 540 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Asbestos; Threshold Determination (Activity Threshold) 540. Are releases of asbestos from the demolition of an old plant reportable?Maybe. If friable asbestos is not being manufactured, processed, or otherwise used, no releases or other waste management of asbestos must be reported unless there are other covered activities involving asbestos in the friable form at the facility, and the threshold for reporting has been exceeded. If, however, during the demolition of the plant, asbestos is created in the friable form, the manufacturing threshold may be triggered. </div></b><div style="visibility:hidden"></div></b>-
Ammonia; Otherwise Use1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19552 19-552 552 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Ammonia; Otherwise Use 552. Ammonia is identified as an EPCRA section 313 toxic chemical with the qualifier, “includes anhydrous ammonia and aqueous ammonia from water dissociable ammonium salts and other sources; 10 percent of total aqueous ammonia is reportable under this listing” (40 CFR Section 372.65). A facility purchases and subsequently otherwise uses 10,000 pounds of a solution consisting of 30 percent ammonia and 70 percent water. How much of this solution should be applied towards the facility's otherwise use threshold?The facility should apply 300 pounds of the ammonia in the solution towards the otherwise use threshold for ammonia. Because the ammonia is in an aqueous form, only 10 percent of the total amount of aqueous ammonia is required to be applied towards the otherwise use threshold. In this case, the solution consists of 30 percent aqueous ammonia and therefore contains a total of 3,000 pounds of aqueous ammonia. Only 10 percent of this amount, or 300 pounds, is applied towards the otherwise use threshold.</div></b><div style="visibility:hidden"></div></b>-
Facility; Import; Manufacture; Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19928 19-928 928 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Facility; Import (Imported); Manufacture (Manufactured; Manufacturing; Produce; Produced); Threshold Determination (Activity Threshold) 928. If a federal facility manufactures 19,000 pounds of an EPCRA section 313 chemical and imports another 7,000 pounds of that same chemical during the reporting year, is the facility required to report for this chemical?Yes. For the reporting year, the federal facility would have exceeded the manufacture threshold of 25,000 pounds ([19,000 manufacturing] + [7,000 importing] = 26,000) for this EPCRA section 313 chemical. Note that importing is the equivalent of manufacturing, and therefore the two “manufactured” quantities must be added for threshold determinations. </div></b><div style="visibility:hidden"></div></b>Y
Contractors: Employee Threshold; Recycling; Threshold Determination; Waste1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19939 19-939 939 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Contractors: Employee Threshold; Recycling (Recycle); Threshold Determination (Activity Threshold); Waste 939. A private contractor conducts recycling operations involving EPCRA section 313 chemicals on-site at a federal facility. The contractor conducts these operations under contract to the federal facility, but the contractor owns and operates the equipment. Must a federal facility consider operations like this when making threshold determinations and release and other waste management calculations for EPCRA section 313 chemicals, if the federal facility does not own or operate the stationary items used in the recycling operations?Yes. A federal facility, when making threshold determinations and release and other waste management calculations for section 313 reporting purposes, should include the amount of EPCRA section 313 chemicals used in the operations of contractors under its control, even if the federal facility neither owns nor operates the equipment used in the contractor's operations. In the above example, the private contractor, under contract to the federal facility, conducts recycling operations involving EPCRA section 313 chemicals on-site at a federal facility, and uses equipment that the contractor owns and operates. The contractor is under the control of the federal facility, and the facility should include the amount of EPCRA section 313 chemicals used in the contractor's operations when making threshold determinations and release and other waste management calculations. </div></b><div style="visibility:hidden"></div></b>Y
Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19940 19-940 940 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Threshold Determination (Activity Threshold) 940. The Postal Service is prohibited from opening any of the mail that it handles. Will EPA assume that the Postal Service should have known that an EPCRA section 313 chemical was present at the facility? Is the Postal Service required to include in its threshold determination those quantities of an EPCRA section 313 chemical at its facilities when those chemicals are present only in the mail being processed at the facilities?No. The Postal Service need not include in its threshold determinations the quantities of EPCRA section 313 chemicals that are present in the mail being handled at its facilities. The Postal Service's activities in handling any packages containing EPCRA section 313 chemicals are not “manufacture,” “process,” or “otherwise use” (see 40 CFR Section 372.3).</div></b><div style="visibility:hidden"></div></b>Y
Threshold Determination1. Determining Whether or Not to Report: Facility >
1.E. Threshold Determinations
<div style="visibility:hidden">19941 19-941 941 2019 Questions and Answers Consolidation1. Determining Whether or Not to Report: Facility 1.E. Threshold Determinations Threshold Determination (Activity Threshold) 941. An agency performs different activities at one location. For which activities should the agency count quantities of any EPCRA section 313 chemical in making its Section 313 threshold determinations?All quantities of EPCRA section 313 chemicals “manufactured,” “processed,” or “otherwise used” in all non-exempt activities at a facility should be counted in threshold determinations (40 CFR Section 372.30(a)).</div></b><div style="visibility:hidden"></div></b>Y
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