A facility covered under EPCRA Section 313 manufactures shoes. During production the facility uses adhesives that contain solvents such as toluene. Due to the inefficiency of the process, 20 percent of the solvent remains behind in the shoes when they are sold in commerce. Would the facility count the amount of solvent remaining in the shoes toward the processing threshold?
No. The amount of solvent used in the adhesive would count toward the otherwise use threshold. Since the toxic chemical does not function as a component of the shoe, it would not be considered processed. Thus, the facility would file if it meets an otherwise use threshold for the toxic chemical in the adhesive. Additional information for threshold determinations can be found in the Toxic Release Inventory Reporting Forms and Instructions and Revised 1998 EPCRA Section 313 Questions and Answers Document. Further guidance on otherwise use determinations can be found in Directive #7 of the Addendum to 1998 Question and Answer Document.