Question # 208

208. A DOD facility receives old munitions, which contain EPCRA section 313 chemicals, from other DOD facilities for destruction (treatment). The method of destruction (treatment) is open burning. How should the DOD facility report for this activity?
The receiving DOD facility would have to count the amount of EPCRA section 313 chemicals in the munitions toward its otherwise use threshold. The definition of “otherwise use” includes the disposal, stabilization and treatment of an EPCRA section 313 chemical received from off-site for the purposes of further waste management. For those EPCRA section 313 chemicals meeting the otherwise use threshold, and which are not destroyed during the treatment process, the facility would have to make release and other waste management calculations. As an example, metals are not destroyed during treatment activities; and the facility would have to make release and other waste management calculations for the metals, provided they meet the reporting threshold. Starting January 1, 1998, facilities must count the amount of an EPCRA section 313 chemical manufactured during the destruction of waste received from off-site toward its 10,000-pound otherwise use threshold if the facility subsequently stabilizes or disposes the EPCRA section 313 chemical on-site. The receiving DOD facility should determine the amount of EPCRA section 313 chemicals “manufactured” as a result of the destruction process. In addition, the facility must count the amount of a manufactured EPCRA section 313 chemical toward the facility’s 25,000-pound manufacturing threshold for that chemical.