Question # 128

128. A facility owner/operator begins a process in December of Year 1 by mixing a batch of listed toxic chemicals into their product formulation. The mixture remains in the vat until January of Year 2. At that time, the mixture is packaged into quart containers and sent to customers. For Section 313 threshold purposes, are the toxic chemicals in the mixture considered processed in Year 1 or Year 2?
Process is defined as ‘the preparation of a toxic chemical, after its manufacture, for distribution in commerce’ (40 CFR Section 372.3). The Agency interprets the activity of processing to be reportable when the toxic chemicals are initially prepared. Therefore, the amount of toxic chemicals mixed in Year 1 would be added to the processing threshold determination for Year 1.

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