1999 Federal Addendum, Question # 48

48. A federal facility conducts remediation activities on soils contaminated in prior years. The facility is using an EPCRA section 313 chemical as part of the remediation action. Is the facility required to count the amount of EPCRA section 313 chemical used for remediation activities when making threshold determinations?
Yes. The use of EPCRA section 313 chemicals to remediate wastes is an otherwise use activity. The facility should include the EPCRA section 313 chemicals used when making its otherwise use threshold determinations and release and other waste management calculations.