Question # 946

946. In addition to manufacturing activities operated by DOE personnel, a cleaning operation has been established at a DOE facility to clean uniforms. The industrial cleaning operations are operated by a contractor. Is DOE responsible for reporting on the use of EPCRA section 313 chemicals for the cleaning activities as well as manufacturing?
Yes. Even though the contractor is performing functions under a separate NAICS Code, DOE is responsible for reporting on all of the covered activities involving EPCRA section 313 chemicals at the facility (40 CFR Section 372.30(a)). In this case, the contractor's operations are in support of the DOE facility's operations and thus process-related. The EPCRA section 313 chemicals used at cleaning operation would be applied toward the DOE facility's otherwise use threshold. The contractor, however, would not be subject to EPCRA section 313 because these operations are not in a covered NAICS code.

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