1998 EPCRA 313 Q&A, Question # 263

263. A covered facility has an ornamental pond on-site. Does the addition of listed toxic chemicals to an ornamental pond on a facility site qualify for the routine janitorial or facility grounds maintenance exemption (40 CFR Section 372.38(c)(2))?
Yes. The facility grounds maintenance exemption applies. However, the facility owner/operator should also be aware that the coincidental manufacture of other toxic chemicals may result (e.g., nitrate compounds) and, any listed chemicals manufactured must be applied to the manufacturing threshold.

Additional Details

Question # 263 Source EPCRA Section 313 Questions and Answers (Revised 1998 Version) (PDF)(306 pp, 3.4 MB, November 1998)
ID 98-263 Status Archived
Category 2. Exemptions Subcategory 2.B. Facility Maintenance and Structural Components
Keyword(s) Coincidental Manufacturing (Byproduct; Coincidental Manufacture), Facility Maintenance Exemption (Janitorial), Facility Maintenance Exemption-Similar in Type or Concentration
Updated Q&A Question Number 344
Prior Q&A [Archived] Question Number 170, 1997 EPCRA 313 Q&A
Prior Source: [Archived] Question Number 170, 1997 EPCRA 313 Q&A: Coincidental Manufacturing; Facility Maintenance Exemption-Similar in Type or Concentration. 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.