TRI Exemptions for Vehicle Maintenance in Mining and Transportation

The motor vehicle maintenance exemption under 40 CFR 372.38(c)(4) can significantly affect threshold determinations for mining and transportation facilities. Chemicals used to maintain motor vehicles that are owned and operated by the facility are excluded from TRI thresholds and from release or other waste management reporting. When applied correctly, this exemption can lower reported quantities by removing routine fleet maintenance from calculations.

What Counts as a Motor Vehicle

The exemption applies only to motorized vehicles with engines. At mining operations, this typically includes:

• Large earth-moving trucks.

• Front loaders.

• Other heavy equipment with onboard engines.

Chemicals such as paints, solvents, and lubricants used to keep these vehicles operational are generally excluded from reporting under the exemption.

Non-Motorized Equipment Is Not Covered

The exemption does not extend to equipment without engines. Examples include:

• Barges without motors that are stationed at a facility.

• Railcars and unpowered trailers.

For these assets, toxic chemicals used in upkeep—such as coatings, cleaners, or lubricants—must be included in threshold determinations and release or waste management reporting. Likewise, chemicals used to operate machinery mounted on non-motorized equipment, such as dredging gear or cranes, are not exempt.

Compliance Considerations

To apply the exemption properly, facilities should:

• Confirm ownership and operation of all vehicles and equipment.

• Map assets to distinguish motorized fleet from non-motorized units.

• Keep separate records for motor vehicle maintenance versus other activities.

• Review contractor activities to ensure outside work does not create reporting gaps.

When in doubt, treat maintenance activities as reportable until the exemption clearly applies. Proper documentation strengthens defensibility during EPA review.

How TRI Toolkit Can Help

The TRI Toolkit makes applying exemptions easier and more reliable. Its proprietary chemical database and built-in compliance logic:

• Flags Section 313 chemicals

• Allows users to apply the motor vehicle maintenance exemption and document rationale

• Provides extensive guidance on when the exemption is appropriate

• Generates EPA-ready Form R XML files for TRI-MEweb import.

With these tools, facilities can confidently separate exempt maintenance activities from reportable ones.

References

1. 2024 QA Consolidation #376 — Are toxic chemicals used to maintain fleets of large earth-moving vehicles at mining facilities exempt from threshold determinations and release or other waste management reporting?

2. 2024 QA Consolidation #378 — Are chemicals used to maintain a non-motorized barge stationed at a facility eligible for the motor vehicle maintenance exemption?

3. 2024 QA Consolidation #380 — Does the motor vehicle exemption apply to railcars, which contain no motors; e.g., maintenance of railcars or tractor trailers?