Question # 215

215. A facility purchases an EPCRA 313 toxic chemical and uses it to treat a waste stream on-site. The toxic chemical (the “treator”) chemically converts during the process of treating the on-site waste stream. Is the facility required to report the Section 313 treator toxic chemical as “treated on-site” in Part II, Sections 7A and 8.6 of the Form R?
When a facility treats a waste stream with a toxic chemical that is not a waste or part of a waste stream prior to its use as a treator, the facility should not report the toxic chemical (the treator) as “treated on-site” in Sections 7A or 8.6 of the Form R, even if it becomes chemically converted or destroyed during the treatment process; the facility should include the amount of the treator chemical used in this process toward the facility’s otherwise use threshold. If, however, a facility treats a waste stream with a toxic chemical that is, itself, a waste or part of a waste stream prior to the treatment process, the facility must report the toxic chemical as “treated on-site” in Sections 7A and 8.6 of the Form R if it becomes chemically converted or destroyed during the treatment process (see: Toxic Chemical Release Inventory Reporting Forms and Instructions, Section D.7).