Bricks May Be Eligible for Solid and Manufactured Item Exemption for EPCRA 311 / 312 Reporting

For safety data sheet (SDS) and Tier II inventory reporting under EPCRA Sections 311 and 312, there is an exemption for solid and manufactured items that do not have the potential for exposure under normal conditions of their use. Are bricks eligible for the solid and manufactured item exemption under EPCRA Section 311(e)(2)?

Bricks are eligible for the solid and manufactured item exemption. However, the exemption only applies to items that do not cause exposure under normal working conditions. Therefore, if the bricks are modified in such a way that they produce a fume or dust (for example, cutting) and thus a potential for exposure, then the fume or dust must be counted toward the threshold determination. (July 13, 2010, guidance and interpretations Federal Register notice (75 FR 39852, 39858).)