Question # 241

241. A federal facility melts down submarines and sells or further uses the constituent metals. These constituent metals contain EPCRA section 313 chemicals. Should the facility include the EPCRA section 313 chemicals in these metals in its threshold determinations?
Yes. A federal facility that melts down submarines and sells the constituent metals that contain EPCRA section 313 chemicals is “processing” the chemicals in those metals for further distribution in commerce. If the facility further uses the constituent metals, for example tools were made from the metal for use on-site in production operations, it is “otherwise using” the EPCRA section 313 chemicals. Therefore, the facility should consider the amount of EPCRA section 313 chemicals when making threshold determinations and release and other waste management calculations.