Question # 129

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.

Additional Details

Question # 129 Source EPCRA Section 313 Questions & Answers 2019 Consolidation Document (PDF)(413 pp, 2.4 MB, April 2019)
ID 19-129 Status Current
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.E. Threshold Determinations
Keyword(s) Activity Threshold (Threshold Determination), Storage
Prior Q&A [Archived] Question Number 9, 2004 Q&A Addendum
Updated example reporting years