Would paving activities (e.g., the use of asphalt or cement) at a facility qualify for the structural component exemption (40 CFR §372.38(c)(1))?
The use of toxic chemicals in asphalt or cement to make and maintain process-related roads and driveways (e.g., a driveway leading to a loading dock) at a TRI-covered facility is not eligible for the structural component exemption (40 CFR §372.38(c)(1)). However, the use of toxic chemicals present in asphalt used to pave employee parking lots at a TRI-covered facility is considered non-process related and is eligible for the structural component exemption.
Placing asphalt or cement containing TRI toxic chemicals on the ground at a facility is considered a release of the toxic chemicals. If the paving activity did not qualify for the exemption and the facility exceeds an activity threshold, such releases must be documented in Sections 5 and 8 of the Form R.