274. Are toxic chemicals, such as nitrate compounds from waste treatment systems, that are used for farming at a facility to be reported as a release to land and is this an otherwise use activity?
The use of listed toxic chemicals such as nitrate compounds for farming is to be reported as a release to land under EPCRA section 313. Listed toxic chemicals applied to land during use for farming constitute a release to an environmental medium (land) and are to be reported as such. This is consistent with the instructions for Section 5.5 of the Form R which state that land treatment/application farming is a disposal method that is considered a ‘release to land.’ Thus, whether or not this use is intended to be a disposal method, the total quantity released to land during use for farming should be reported as a release to land under Section 5.5.2 of the Form R. The amount of a listed toxic chemical used for farming at a covered facility must also to be applied towards the otherwise use reporting threshold.