Question # 160

160. A chemical manufacturing facility manufactures 20,000 pounds of benzene on-site for distribution and sale. The same facility purchases and then repackages and sells a cleaning mixture that contains benzene. Over the calendar year the facility repackages and sells (i.e., processes) 10,000 pounds of benzene in the cleaning mixture and sells the 20,000 pounds of benzene that is manufactured on-site. How many pounds of benzene should the facility count toward its processing threshold?
The facility should consider 30,000 pounds of benzene (the 10,000 pounds in the cleaning solution plus the 20,000 pounds of benzene manufactured and sold) toward the facility’s processing threshold. When determining if a facility meets a chemical use threshold, owners and operators of covered facilities must consider each chemical use activity separately to determine if any one threshold has been met. For the purposes of EPCRA section 313, process means ‘the preparation of a toxic chemical, after its manufacture, for distribution in commerce...’ (40 CFR Section 372.3) A facility that creates a listed toxic chemical and then prepares it for distribution in commerce is both manufacturing and processing the listed toxic chemical and must consider the amount of the toxic chemical manufactured and processed towards both thresholds.