DHS posted three new questions/answers on their FAQ pages today. None of them appear to be earth shaking, unless you are the one asking the question. The questions are:
- How does the Statutory Exemption Section apply? (1394)
- A facility has 2 RMP ID numbers, which one would they use? (1397)
- Are Chemicals of Interest (COI’s) in hazardous waste to be counted towards an STQ? (1398)
The first question deals with facilities that do not have to complete Top Screens due to statutory exemptions (DOD, water treatment facilities, etc). In the Top Screen there are a series of questions that aid in determining if the facility meets one of the exemption criteria. A ‘Yes’ answer to one of these questions drops you out of the Top Screen, presumably indicating that the facility is not required to complete the Top Screen. It seems that that ‘presumably’ is not the final answer; there is this note in the answer to question 1394:
- "Please note that even though a facility may exit the Top Screen by claiming an exemption, DHS does not necessarily concede the applicability of such an exemption in any given case."
The last question would be of particular interest to facilities that produce, process or use off-specification hazardous wastes. It seems that this is the only category of hazardous wastes that must be counted for determining STQ and Top Screen reporting quantities.