1998 EPCRA 313 Q&A, Question # 262

262. An EPCRA Section 313 covered facility uses 55-gallon drums of paint containing a listed toxic chemical to paint lines on the roads. Paint is also used to maintain road signs and facility building signs. Would the listed toxic chemicals in the paint be exempt from EPCRA Section 313 reporting requirements under the facility grounds maintenance exemption found at 40 CFR Section 372.38(c)(2)?
The facility grounds maintenance exemption in 40 CFR Section 372.38(c)(2) applies to the use of products used for routine janitorial or facility grounds maintenance. This exemption includes both individually packaged products (e.g. , cans of paint) and substances in bulk containers (e.g., 55-gallon drums of paint). Therefore, if the paint in the drums used to maintain the roads and the signs is similar in type and concentration to consumer products, the listed toxic chemicals in the paint would be exempt from EPCRA Section 313 reporting requirements. However, if the paint is used for process-related roads or equipment, such as airstrips at federal facilities, the exemption would not apply.

Additional Details

Question # 262 Source EPCRA Section 313 Questions and Answers (Revised 1998 Version) (PDF)(306 pp, 3.4 MB, November 1998)
ID 98-262 Status Archived
Category 2. Exemptions Subcategory 2.B. Facility Maintenance and Structural Components
Keyword(s) Facility Maintenance Exemption (Janitorial), Facility Maintenance Exemption-Similar in Type or Concentration, Manufacture (Manufactured; Manufacturing; Produce; Produced)
Updated Q&A Question Number 343
Prior Q&A [Archived] Question Number 169, 1997 EPCRA 313 Q&A
Prior Source: [Archived] Question Number 169, 1997 EPCRA 313 Q&A: Facility Maintenance Exemption; Manufacture. Type of Change: Minor - Minor edits are those edits which only involve non-substantive additions or deletions of words to provide clarity in the Question and Answer. Description of Substantive Edits: NA - NA indicates no substantive edits were made to the original Question and Answer.