A company incorporates a material comprised of copper granules as a UV light, weather, and hazard protectant into roofing products, such as asphalt shingles. The copper granules are produced by milling and sorting bulk copper slag down to particle size ratios prescribed by the American Society for Testing and Materials (ASTM) to enhance the protection of the roofing product. Are the copper granules eligible for the articles exemption under EPCRA §313?
In order for an item to qualify for the articles exemption, it must be a manufactured item that is formed to a specific shape or design during manufacture, has end use functions dependent in whole or in part upon its shape or design, and does not release a toxic chemical under normal conditions of processing or otherwise use of the item. Under TRI, particles, including granules, are not eligible for the articles exemption because they are not formed to a specific shape or design during manufacture. Therefore, the facility would need to count the toxic chemicals in the copper granules toward the processing threshold.