369. A manufacturer of plastic bottles makes the bottles by blow molding a mixture of plastic resin and polymer pellets that contain lead chromate (a toxic chemical) and fillers. Once the bottles are made, they are checked for flaws (i.e., a quality assurance check). Any bottles that do not pass the quality assurance test are placed in the facility dumpster and are subsequently disposed of in the local municipal landfill. Do these substandard bottles meet the article exemption and thereby exempt the lead chromate from being a release of a listed toxic chemical under Section 313?
No. The manufacture of articles is not exempt. Thus, the lead chromate that is sent to the landfill is considered a release of lead chromate since the substandard bottles that are disposed of are waste from the manufacturing process.