331. A covered facility otherwise uses, as process water, wastewater or storm water that contains a toxic chemical. Is the facility required to count the amount of the toxic chemicals toward threshold determinations and release and other waste management calculations or would the section 313 chemicals be exempt under the intake water exemption?
The intake water exemption is specifically limited to otherwise use of toxic chemicals present in process water or non-contact cooling water that are drawn from the environment or from municipal sources. The above facility otherwise uses water in its process sequence and would not be required to account for amounts of listed chemicals contained in stormwater that is drawn from the environment. The facility, however, would have to account for amounts of listed chemicals acquired by the storm water after the storm water has run onto and off of equipment and buildings. Likewise, wastewater is not drawn from the environment and amounts of listed toxic chemicals in wastewater which are otherwise used are ineligible for the exemption and any information on amounts of listed toxic chemicals from wastewater would have to be considered toward threshold determinations and release and other waste management calculations.