An EPCRA 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 313 reporting requirements under the facility grounds maintenance exemption found at 40 CFR 372.38(c)(2)?
The facility grounds maintenance exemption in 40 CFR 372.28(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 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 information on the otherwise use exemptions can be found in the Revised 1998 EPCRA Section 313 Questions and Answers Document.