EPCRA Sections 311 and 312 require facilities to report inventories of certain hazardous chemicals. Section 311(e)(5) exempts from the definition of hazardous chemical "any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer" (40 CFR Section 370.13(c)(3)). To what extent are agricultural chemical retailers exempt from reporting under Sections 311 and 312?
EPCRA Section 311(e)(5) provides an exemption for Material Safety Data Sheets (MSDSs) and hazardous chemical inventory reporting for certain substances, not certain facilities. Therefore, while agricultural retailers storing substances for sale as fertilizers would not need to report those chemicals under Sections 311 and 312 because those substances are exempt from the definition of hazardous chemical, retailers would need to report other agricultural chemicals, such as pesticides, solvents, or diesel fuels, held for sale if they are hazardous chemicals for which OSHA requires the facility to prepare or have available an MSDS, and if they are present on site at any one time above applicable thresholds (52 FR 38349; October 15, 1987).