Question # 179

179. A covered manufacturing facility ceased operations at the beginning of the reporting year and construction work took place through July. At that time, the facility resumed manufacturing operations. Listed toxic chemicals were used at the facility during the construction phase. For purposes of threshold determinations and release and other waste management calculations under EPCRA section 313, does the facility include in its calculations the toxic chemicals used during construction when the facility was not in operation?
Yes. Since the facility is a covered facility, any covered activity of a listed toxic chemical will count toward an applicable threshold. Therefore, the toxic chemicals used during the construction phase would be counted toward threshold determinations. Releases and other waste management of a given toxic chemical, used during construction, would also be reported if, during the course of a reporting year, an activity threshold was exceeded for that toxic chemical. If the toxic chemical becomes a fixed part of the facility structure and is not process-related, then the structural component exemption may apply.