2004 Q&A Addendum, Question # 71

71. A covered facility sends a 55-gallon drum containing less than one inch of a listed toxic chemical off site for disposal. For purposes of the RCRA hazardous waste regulations, the container is considered an empty container as defined in 40 CFR Section 261.7 (i.e., RCRA-empty). Must the facility report the listed toxic chemical contained in the RCRA- empty container as an off-site transfer for purposes of disposal on theForm R even though it is not considered to contain hazardous waste under RCRA?
Yes. The definition of an empty container pursuant to 40 CFR Section 261.7 does not apply to EPCRA Section 313. Even though the residue remaining in a container rendered RCRA-empty is no longer considered a hazardous waste under federal RCRA regulations, it is still considered a toxic chemical under EPCRA Section 313. The status of a listed toxic chemical as a nonhazardous waste under RCRA has no impact on the applicability of EPCRA regulations on that chemical. Under EPCRA Section 329, the term release is defined as “any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any toxic chemical.” In Part II, Section 8.1 of the Form R, EPA requires facilities to report all releases of listed toxic chemicals, except those quantities released to the environment as a result of remedial actions, catastrophic events, or one-time events not associated with production processes. Disposal of a RCRA-empty container which contains any amount of a listed toxic chemical is generally reportable in Section 8.1 when transferred from or disposed at an EPCRA Section 313 covered facility. If, however, the facility has total reportable amounts of a non-PBT chemical not exceeding 500 pounds, it may be eligible for the higher alternate reporting threshold in 40 CFR Section 327.27.

Additional Details

Question # 71 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 04-071 Status Archived
Category 4. Completing the Form R: Releases and Waste Management Calculations Subcategory 4.A. Releases of the Toxic Chemical
Keyword(s) Off-site Transfer, RCRA Empty, Release Reporting, Releases (Released)
Updated Q&A Question Number 393
Prior Q&A [Archived] Question Number 545, 1998 EPCRA 313 Q&A
Prior Source: [Archived] Question Number 545, 1998 EPCRA 313 Q&A: Off-site Transfer; RCRA Empty; Release Reporting; Releases.65. Pursuant to 40 CFR section 372.27, the Form A Certification Statement may not be considered for the PBT chemicals listed at 40 CFR section 372.28. (See 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)). Revision Explanation: NA