Question # 51

51. A recycling and disposal facility encompasses several RCRA subtitle C hazardous waste and subtitle D municipal solid waste management units. Is this facility subject to EPCRA section 313?
Yes. If this facility also meets employee and chemical thresholds, the facility is subject to EPCRA section 313. Because at least one unit at this facility is regulated by RCRA subtitle C and the facility’s operations are classified in NAICS code beginning with 562, for the purposes of EPCRA section 313, this facility is considered to be in NAICS code beginning with 562 (regulated under RCRA subtitle C) (40 CFR Section 372.23). As such, this facility must consider all non-exempted activities at the entire facility for TRI threshold determinations and, if reporting is triggered, release and other waste management reporting. The owner or operator should be sure to include any information the facility may have concerning toxic chemicals at the solid waste units of the facility as well as at the hazardous waste units.

Additional Details

Question # 51 Source EPCRA Section 313 Questions & Answers 2019 Consolidation Document (PDF)(413 pp, 2.4 MB, April 2019)
ID 19-051 Status Current
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.C. Persons Responsible for Reporting
Keyword(s) Definition of Facility, Disposal (Dispose), Reporting Responsibility, Waste Management Activities
Prior Q&A [Archived] Question Number 60, 1998 EPCRA 313 Q&A
Updated SIC codes to NAICS codes; Updated citations or URL