2004 Q&A Addendum, Question # 70

70. A manufacturing facility that produces electricity by burning coal stores the coal in an on-site stockpile that is exposed to the outside atmosphere. The facility meets the threshold criteria (40 CFR Section 372.22) for filing a Form R for the toxic chemical benzene. Since the stockpiled coal contains benzene and is exposed to the outside atmosphere, would all the benzene in the coal need to be reported on the Form R as a release to land on-site?
No. A facility does not have to report toxic chemicals contained in an on-site stockpile of material that is intended for otherwise use on-site as a release to land on-site. However, any toxic chemical that escaped to air or remains in the soil from the stockpile material (e.g., evaporative losses to air, material leached to the ground, etc.) must be reported as released to the environment on-site. Once a covered facility meets the criteria for filing a Form R under EPCRA Section 313 for a toxic chemical (such as benzene), all releases of that chemical at the facility are to be reported. Releases of non-PBT chemicals from the stock pile will be eligible for the de minimis exemption.

Additional Details

Question # 70 Source EPCRA Section 313 Questions and Answers Addendum to the Revised 1998 Version as of December 2004 (PDF)(63 pp, 600 KB, November 2004)
ID 04-070 Status Archived
Category 4. Completing the Form R: Releases and Waste Management Calculations Subcategory 4.A. Releases of the Toxic Chemical
Keyword(s) Release Reporting, Releases (Released), Stockpiles, Storage
Updated Q&A Question Number 593
Prior Q&A [Archived] Question Number 531, 1998 EPCRA 313 Q&A
Prior Source: [Archived] Question Number 531, 1998 EPCRA 313 Q&A: Release Reporting; Releases; Stockpiles; Storage.65. Pursuant to 40 CFR section 372.38(a), the de minimis exemption may not be considered for the PBT chemicals listed at 40 CFR section 372.28. Persistent Bioaccumulative Toxic (PBT) Chemicals final rule (64 FR 58666, October 29, 1999) and Lead and Lead Compounds final rule (66 FR 4500, January 17, 2001)). In addition, reference to the threshold activities as a prerequisite to de minimis exemption eligibility have been removed from this Q"A. Revision Explanation: NA