Question # 939

939. A private contractor conducts recycling operations involving EPCRA section 313 chemicals on-site at a federal facility. The contractor conducts these operations under contract to the federal facility, but the contractor owns and operates the equipment. Must a federal facility consider operations like this when making threshold determinations and release and other waste management calculations for EPCRA section 313 chemicals, if the federal facility does not own or operate the stationary items used in the recycling operations?
Yes. A federal facility, when making threshold determinations and release and other waste management calculations for section 313 reporting purposes, should include the amount of EPCRA section 313 chemicals used in the operations of contractors under its control, even if the federal facility neither owns nor operates the equipment used in the contractor's operations. In the above example, the private contractor, under contract to the federal facility, conducts recycling operations involving EPCRA section 313 chemicals on-site at a federal facility, and uses equipment that the contractor owns and operates. The contractor is under the control of the federal facility, and the facility should include the amount of EPCRA section 313 chemicals used in the contractor's operations when making threshold determinations and release and other waste management calculations.