If you operate a treatment plant as part of remediation at a Superfund site on your facility, do contaminants (already present at the site) have to be included in calculating thresholds and releases and other waste management activities?
EPCRA Section 313 listed toxic chemicals undergoing remediation are not included in threshold determinations because remediated chemicals are not manufactured, processed, or otherwise used. However, if a covered facility exceeds an activity threshold for a listed toxic chemical elsewhere at the facility, any releases and other waste management activities of the listed toxic chemicals undergoing remediation must be included in the facility's release and other waste management calculations. In that event, a release does not include material already in a landfill but does include any material released to the environment or transferred off-site due to the remedial activity. Additional guidance on threshold determinations can be found in the Toxic Release Inventory Reporting Forms and Instructions and the TRI Guidance Documents Web site.