Question # 350

350. A BLM facility has unpaved roads that provide access to its land. The BLM facility allows a company to apply waste oil containing an EPCRA section 313 chemical on the unpaved roads to control dust. Can the facility claim the facility grounds maintenance exemption for this activity?
No. The facility grounds maintenance activity is intended to cover janitorial and other custodial or plant grounds maintenance activities using such substances as bathroom cleaners, or fertilizers and pesticides used to maintain lawns (40 CFR Section 372.38(c)(2)). The exemption does not cover activities that are central to the operations of a facility. In this instance, the roads at the BLM facility are integral to the activities of the facility providing access to the BLM land. The facility would consider the amount of EPCRA section 313 chemicals in the waste oil towards its otherwise use threshold.