Question # 130

130. If ore is extracted for ultimate distribution in commerce, are toxic chemicals in ore that are not actually distributed during the reporting year considered to be processed for threshold determination purposes, since they were prepared for distribution during the reporting year?
Yes. The total amounts of the listed toxic chemicals contained in the ore are considered toward the facility’s processing threshold in the year that the amounts undergo a processing step. For purposes of the EPCRA section 313 threshold determination, extraction is considered a processing step and all amounts extracted for preparation of a product to be distributed in commerce are considered processed in the year they are extracted.