Facility A produces a byproduct containing a toxic chemical. The facility gives some of the byproduct away, and sells some of the byproduct. In both cases, the off-site facility uses the byproduct as fertilizer for farming. Should Facility A report the amount of toxic chemical in the byproduct given away or sold, on the Form R?
If the toxic chemical in the byproduct is sent off site to be directly reused as a fertilizer, then the transfer would not be considered a transfer off site for waste management purposes, and Facility A would not report, as a transfer off site for waste management, the amount sold/given away. However, because the facility distributed the toxic chemical into commerce, the facility must consider the quantity of toxic chemical shipped off-site for direct reuse (i.e., both the amounts given away and sold) as fertilizer as processed for threshold determinations. Additional information on activity determination can be found in GuideME and in the TRI Reporting Forms and Instructions.