Question # 149

149. A facility uses an EPCRA section 313 chemical for deicing runways. Some of this chemical is obtained through the remediation of soil and groundwater contaminated in previous years. When making its threshold determinations for this chemical, should the facility account for the amount of the recovered chemical that is used for deicing?
Yes. Deicing runways would be considered an “otherwise use” activity (40 CFR Section 372.3). The facility, therefore, should count the amount of EPCRA section 313 chemical used in the deicing toward its otherwise use threshold. This would include any amount of the chemical recovered from the remediation of soil and groundwater from previous years, as well as amounts obtained from purchases. Any amount of the remediated toxic chemical that the facility does not use for a reportable activity (e.g., deicing runways) would not have to be counted towards the otherwise use threshold. However, all releases or other waste management of that remediated toxic chemical would be subject to reporting under EPCRA section 313 if the facility met a reporting threshold for that chemical elsewhere at the facility.

Additional Details

Question # 149 Source EPCRA Section 313 Questions & Answers 2019 Consolidation Document (PDF)(413 pp, 2.4 MB, April 2019)
ID 19-149 Status Current
Category 1. Determining Whether or Not to Report: Facility Subcategory 1.E. Threshold Determinations
Keyword(s) Facility, Otherwise Use, Releases (Released), Threshold Determination (Activity Threshold), Waste
Prior Q&A [Archived] Question Number 43, 1999 Federal Addendum
Revision
History
Updated citations or URL; Question is not limited to federal facilities