A covered facility receives a shipment of five-gallon cans of paint containing a listed toxic chemical. The facility breaks up the shipment into separate five-gallon cans and packages each can in a box with a paint brush for sale. Is the listed toxic chemical repackaged and thus processed for purposes of EPCRA Section 313?
No. "Repackaging" refers to the act of removing a toxic chemical from one container and placing that toxic chemical into another container. Simply repackaging one container (that contains a toxic chemical) into another container does not constitute processing of that listed toxic chemical under EPCRA Section 313. The nesting of containers is not repackaging for EPCRA Section 313 purposes. Additional information on threshold determinations can be found in the Revised 1998 EPCRA Section 313 Questions and Answers Document.