194. When making threshold determinations under EPCRA section 313, must a person count any amount of a toxic chemical that is created at a facility toward the manufacturing threshold, even if the chemical is almost immediately destroyed?
Yes. Any time a toxic chemical (or the reportable form of a qualified toxic chemical) is generated at a facility, it must be counted toward the manufacturing threshold. This is the case regardless of whether the chemical is created actively or passively, intentionally or unintentionally, in a process stream or in a waste stream, and regardless of how long the chemical exists at the facility or whether it is an isolated or non-isolated intermediate. [Note that there are special exceptions to this rule for sulfuric acid and hydrochloric acid aerosols generated in acid reuse systems and storage tanks. Please see EPCRA section 313 Guidance for Reporting Hydrochloric Acid and EPCRA section 313 Guidance for Reporting Sulfuric Acid.]