EPCRA Section 313 reporting requirements apply to facilities meeting the applicability criteria in 40 CFR Section 372.22. During a facility's construction and prior to the onset of operations, toxic chemicals are otherwise used to construct and install process equipment. After the facility is constructed and begins operations, it will employ more than 10 full-time employees and will operate in a TRI-covered NAICS code. Must the facility apply toxic chemicals used during the construction and installation of process equipment towards the otherwise use threshold?
The toxic chemicals need not be considered towards any activity threshold. Prior to initial facility construction and before an NAICS code can be assigned, the EPCRA Section 313 reporting criteria in Section 372.22, including the activity threshold criterion, do not have to be considered. However, if chemical activity thresholds for any toxic chemicals used in the construction and installation of process equipment are exceeded elsewhere at the facility during the reporting year, all non-exempt releases and other waste management activities of those toxic chemicals occurring during the reporting year must be reported, including those non-exempt release and other waste management quantities associated with the construction and installation of process equipment. Additional guidance on threshold determinations can be found in the Toxic Release Inventory Reporting Forms and Instructions and the Revised 1998 EPCRA Section 313 Questions and Answers Document.