Question # 354

354. An EPCRA section 313 covered facility uses a fuel-powered paint sprayer for the sole purpose of painting the facility’s structure. The listed toxic chemicals within the paint used to maintain the facility’s appearance are exempt from EPCRA section 313 threshold determination and release and other waste management reporting requirements under the structural component exemption (40 CFR Section 372.38(c)(1)). The fuel used to power the paint sprayer also contains listed toxic chemicals reportable under EPCRA section 313. Must the listed toxic chemicals in the fuel be applied toward the otherwise use threshold?
No. The listed toxic chemicals are exempt from EPCRA section 313 threshold determinations and release and other waste management reporting requirements. Although the structural component exemption most commonly applies to toxic chemicals incorporated into a facility’s physical structure, the exemption also extends to toxic chemicals whose sole use derives from or is associated with an exempt use. Examples of toxic chemicals exempt in this manner include solvents used to clean paint brushes that were used to paint a facility’s structure and fumes generated from the welding of non-process related pipes during installation at a facility. Be aware that the combustion of fuels may coincidentally manufacture Section 313 toxic chemicals. Such coincidental manufacture is not eligible for de minimis limitations (see the directive on the de minimis exemption in GuideME) or the structural component exemption and amounts produced must be compared against the manufacturing threshold. The EPA publication, Toxic Air Pollutant Emissions Factor - A Compilation of Selected Air Toxic Compounds and Sources (EPA 450/2-90-011) contains emissions factors for many specific compounds emitted during fuel combustion.

Additional Details

Question # 354 Source EPCRA Section 313 Questions & Answers 2019 Consolidation Document (PDF)(413 pp, 2.4 MB, April 2019)
ID 19-354 Status Current
Category 2. Exemptions Subcategory 2.B. Facility Maintenance and Structural Components
Keyword(s) Fuel, Structural Component Exemption
Prior Q&A [Archived] Question Number 38, 2004 Q&A Addendum
Deleted outdated reference