Question # 599

599. A covered facility is adjacent to a lagoon which the facility does not own but to which it pays to discharge wastes. The facility, however, is in effect the operator of the lagoon. In one year, the facility released a listed mineral acid into the lagoon as an attempted pH control. Must the facility report for the release of the listed mineral acid, even though the process was a one-time treatment method that will not be repeated?
Yes, the facility must report the release of the listed acid if it meets the threshold criteria for reporting. The facility was acting as operator of the waste treatment site and must report listed chemicals otherwise used in excess of the threshold. Because the facility operates the lagoon and it is adjacent to the rest of the site, the lagoon is part of the facility (40 CFR Section 372.3).

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