Question # 214

214. A covered toxic chemical manufacturer receives other facilities’ wastes containing listed toxic chemicals and disposes of them in their deep well. Does the receiving facility need to report these toxic chemicals?
Starting with reporting year (RY) 1998, this is a reportable activity and the quantity disposed of would be applied to the otherwise use threshold. However, prior to RY 1998 the receiving and disposing of toxic chemicals would not be factored into a threshold determination because it does not fit any definition of process or otherwise use. However, even prior to RY 1998, if the manufacturing facility manufactures, processes, or otherwise uses the same listed toxic chemical above the threshold amount, the disposal of other facilities’ wastes containing this listed toxic chemical would be reported as a release on the Form R even though the amount of the listed toxic chemical in these wastes was not included in the threshold determination.

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