Question # 232

232. A treatment, storage, and disposal (TSD) facility receives waste from off-site containing a listed toxic chemical, blends the waste with a fuel to increase its heat value, repackages the blended fuel in different container(s), and then transfers the waste off-site to a cement kiln that burns the waste. Is this facility manufacturing, processing, or otherwise using the toxic chemical contained in this waste received from off-site for the purposes of further waste management?
No. The repackaging and subsequent transfer off-site of EPCRA section 313 toxic chemicals in waste fuel for burning for energy recovery is not, in itself, a covered manufacturing, processing, or otherwise use threshold activity as those terms are defined in the EPCRA section 313 regulations (40 CFR Part 372). Therefore, covered facilities are not required to consider the repackaging and subsequent transfer off-site of toxic chemicals for energy recovery to any type of boiler or industrial furnace (as defined in 40 CFR Section 372.3) toward threshold calculations. Similarly, toxic chemicals in waste that are repackaged and sent off-site for disposal or for treatment for destruction would likewise not be considered toward a facility’s manufacturing, processing, or otherwise use threshold determination. Covered facilities should keep in mind, however, that if they exceed an activity threshold elsewhere at the facility for the listed chemical contained in the waste fuel, the facility should report the quantity of the toxic chemical in the waste fuel sent off-site for energy recovery in Part II, Section 6.2 and Section 8 of the Form R.