A facility itself can only be exempted if there are no hazardous chemicals present at the facility. The term "hazardous chemical," as defined under Section 311 of Title III, includes any substance which constitutes a physical or health hazard. This broad definition is borrowed from the Occupational Safety Health Act (OSHA) Hazard Communication Standard, but there are certain exemptions specified in Section 311. However, there is no single classification or type of business (e.g. manufacturers) that are not subject to Section 304 reporting requirements. Therefore, it is probable that few, if any, facilities will actually have no hazardous chemicals and thus be exempt from Section 304 notification requirements.
What facilities are exempt from Section 304 notification requirements?
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