A covered facility processes sheet metal that contains a listed toxic chemical. When processed, some pieces of the sheet metal are cut generating shavings which contain the listed toxic chemicals and which are not 100 percent recycled. Specifically, more than 0.5 lbs is released from all like items during the reporting year, and therefore, the sheet metal does not meet the article exemption criteria. Must the facility consider the amount of the listed toxic chemical in the entire piece of sheet metal for threshold determinations or may the facility consider just the amount of listed toxic chemical in the area of the sheet metal that is cut?
All of the listed toxic chemical in the entire piece of cut sheet metal must be counted toward the shavings or the processing threshold, not just the weight of the listed toxic chemical in the section of the item on which work is done. The weight of the listed toxic chemical in the entire piece of sheet metal is used; the exemption cannot apply to a portion of the article. Additional guidance on the articles exemption can be found within Directive #1 of the Revised 1998 EPCRA Section 313 Questions and Answers Document and the Toxic Release Inventory Reporting Forms and Instructions.