104. Who is responsible for EPCRA section 313 reporting if a covered solvent recovery service arrives at a covered facility and either recycles ethylene glycol antifreeze on-site with a mobile recovery unit or removes the ethylene glycol antifreeze for off-site recycling?
All covered facilities are responsible for EPCRA section 313 reporting obligations of the toxic chemical while the toxic chemical is at a facility, including while the chemical is in an on-site mobile recovery unit. Although this facility may not directly operate the mobile solvent recovery unit, the facility controls the unit’s operations while on-site because it has contracted or paid a fee for the unit’s services. Therefore, if the mobile unit recovers toxic chemicals from the solvents on-site the facility would include those toxic chemicals in its facility-wide release and other waste management calculations.
If the mobile solvent recovery unit removes toxic chemicals from the facility for off-site recycling, the facility would report the amount of the chemicals sent off-site as an off-site transfer for recycling. However, the facility must account for any releases of the toxic chemical from the unit while it remains on-site. Finally, those toxic chemicals that are transferred off-site are considered processed and therefore, must be applied toward the facility’s processing threshold.