EPCRA Section 313 (40 CFR Part 372) requires covered facilities to report releases and waste management activities associated with listed toxic chemicals that they manufacture, process, or otherwise use above applicable threshold quantities. Must toxic chemicals contained in solid items and equipment that are reused from one year to the next be counted toward the "otherwise use" activity threshold every year?
EPCRA Section 313 toxic chemicals contained in process-related items and equipment used on site must only be counted toward the otherwise use threshold for a given reporting year if the chemicals were newly brought into use at the facility during that year. For example, lead contained in a process-related grinding wheel that is used on site during a particular reporting year need not be counted toward the "otherwise use" activity threshold for that year if the grinding wheel was also used on site during the previous reporting year. The amount of lead contained in any grinding wheel(s) newly introduced into use at the facility during the reporting year, however, must be counted toward the otherwise use threshold. Additional guidance on threshold determinations for new process-related equipment can be found in the Revised 1998 EPCRA Section 313 Questions and Answers Document.