Question # 358

358. A Navy facility purchases wood pilings treated with creosote tar to support piers used for docking ships. Gradually, the creosote, an EPCRA section 313 chemical, is released from the pilings into the water. For purposes of complying with EPCRA section 313, is the creosote exempt from threshold determinations and release reporting under the “structural component” exemption?
No. The structural use exemption applies only to non-process related equipment. The piers at the navy facility are process-related equipment. EPCRA section 313 chemicals used to maintain these piers, therefore, are not exempt. The facility should consider the amount of creosote on the wood pilings towards the facility’s otherwise use threshold for the year in which the facility received them. If the facility determines that it exceeds a reporting threshold for creosote, then any releases of the creosote must be included in the facility’s release and other waste management calculations.