Question # 265

265. A covered facility receives a spent solvent, recovers the solvent and sells the recovered solvent in commerce. Is the recovered solvent considered a waste, and if not, is the reusable solvent considered a product? At what point might the solvent be eligible for the de minimis exemption?
The recovery facility must consider the amount of the material that it feeds into the recycling operation toward the facility’s processing threshold. The solvent is part of a waste (not usable in the form received) and therefore the amount processed is not eligible for the de minimis exemption until the recovery is complete and the solvent is no longer subject to further waste management activities. Once the recovery is complete, the solvent is no longer a waste and thus the recovery facility may take the de minimis exemption for amounts of non-PBT chemicals subsequently prepared for distribution in commerce. The purchasing facility considers the recovered solvent as a new product and its subsequent use of the solvent may be eligible for the de minimis exemption. However, if the amount of solvent processed prior to the point of which it was eligible for the de minimis exemption was enough to exceed a reporting threshold, the fact that the solvent subsequently became eligible for the de minimis exemption does not remove the reporting requirement.

Additional Details

Question # 265 Source EPCRA Section 313 Questions & Answers 2019 Consolidation Document (PDF)(413 pp, 2.4 MB, April 2019)
ID 19-265 Status Current
Category 2. Exemptions Subcategory 2.E. De Minimis
Keyword(s) De minimis Exemption, Solvent Recovery
Prior Q&A [Archived] Question Number 42, 2004 Q&A Addendum