Do toxic chemicals produced coincidentally to manufacturing, processing, or otherwise using have to be reported?
Toxic chemicals manufactured coincidentally are included in determining the quantity of the toxic chemical manufactured. In the case of coincidental manufacture of an impurity that remains in the product, below the de minimis level, for distribution in commerce, the de minimis exemption may apply (40 CFR Section 372.38(a)). If, however, the impurity is removed from the final product prior to distribution in commerce, the exemption does not apply. Additional guidance on processing threshold determinations is available in the Toxic Release Inventory Reporting Forms and Instructions. Guidance on the de minimis exemption is also available in Directive #2 of the of the Addendum to 1998 Question and Answer Document.