Does a listed toxic chemical that is applied to a road as a dust suppressant qualify for the routine facility grounds maintenance exemption (40 CFR 372.38(c))?
The application of a dust suppressant that contains listed toxic chemicals to land surfaces at the facility is beyond the scope of the "facility grounds maintenance" exemption. Listed toxic chemicals contained in mixtures used as dust suppressants are not eligible for the "facility grounds maintenance" exemption. The original intent of the facility grounds maintenance exemption was to provide facilities relief from tracking such ancillary uses of chemicals involved with such routine activities as janitorial cleaning supplies, fertilizers, and pesticides that are similar in type and concentration to consumer products. Dust suppressants are not products that are generally considered similar to consumer products. The large scale use of dust suppressants likely to occur at a mining extraction facility is considered integral to the facility's process operations and of such a magnitude that amounts of listed toxic chemicals used for dust suppression are not eligible for the "facility grounds maintenance" exemption. Additional information on the otherwise use exemptions can be found in the Revised 1998 EPCRA Section 313 Questions and Answers Document.