947. A waste treatment unit presently is under construction at a DOE facility where no other activities have been conducted during the reporting year. EPCRA section 313 chemicals are present in the construction materials used to fabricate the structure (e.g., steel) and used to aid in the construction (e.g., cleaning solvents). Is the use of EPCRA section 313 chemicals during construction activities exempt from reporting under EPCRA section 313?
Because the NAICS code restriction under EPCRA section 313 has been waived under Executive Order 13148, federal facilities are required to consider all activities, including construction, when making threshold determinations under EPCRA section 313. EPCRA section 313 chemicals that are contained in materials used to fabricate process-related equipment, for instance, should be considered toward the facility's threshold determinations and release and other waste management calculations. EPCRA section 313 chemicals that are contained in materials used to fabricate non-process related structures (e.g., steel, paints, cement) and which are used to construct the site, however, are exempt as structural components and do not need to be included in threshold determinations or release and other waste management calculations.