A covered facility receives a chemical in bulk, repackages the chemical into reusable containers that are sent to customers, who then return the containers to be refilled. How does the facility consider residual amounts of the product returned to the facility in used containers, which are then subsequently refilled and redistributed in commerce?
When the facility originally places the toxic chemical into the reusable containers, the facility is processing toxic chemicals. Because the residual amounts that are returned to the facility in the reusable containers are not transferred to other containers or packages, the residual amounts have not been repackaged. Therefore, the listed chemicals in the residual amounts do not have to be considered toward the facility's processing threshold again. Additional guidance on processing threshold determinations is available in the Toxic Release Inventory Reporting Forms and Instructions.