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  • Are hazardous chemicals blended for fertilizer exempted under agricultural use exemption?

    Ammonia and phosphoric acid are held for sale by a retailer in large storage tanks. The retailer sells both ammonia and phosphoric acid to farmers to be used as fertilizers. The retailer also blends ammonia with phosphoric acid to produce a new compound which, in turn, is also sold to…

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  • Calculating Amounts of Fume or Dust for EPCRA 311 / 312 Reporting

    Facilities only have to count the amount of fume or dust given off a piece of metal, brick, or any other solid manufactured item that undergoes a modification process (i.e. cutting, welding, etc.) to determine whether the Emergency Planning and Community Right-to-Know Act (EPCRA) sections 311 and 312 reporting thresholds…

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  • Scope of FDA Exemption For Chemicals Used in Drugs

    Section 311(e)(1) of the Emergency Planning and Community Right-to-Know Act (EPCRA) exempts from the definition of hazardous chemicals subject to EPCRA Section 311 and 312 reporting requirements any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration (FDA). Are all chemicals intended for use…

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  • Are trainers authorized to use the EPA Lead-Safe Certified Logo?

    Answer: Accredited training providers may use the logo on their site and marketing materials as long as it is used as a tool to guide renovators through the firm certification process (i.e., explain the difference between firm certification and individual training). Training providers may inform students that only certified firms…

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  • Are farm suppliers and retailers exempt from 311 and 312?

    Would a farm supplier or retail distributor be excluded from Sections 311 and 312 reporting based on the agricultural exemptions? Under Section 311(e)(5), retailers are exempted from reporting requirements for fertilizers only. Therefore, substances sold as fertilizers would not need to be reported under Sections 311 and 312 by retail…

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  • Are automobile batteries at a wholesaler exempted from EPCRA 311 and 312?

    A facility sells automobile batteries wholesale. Are these batteries at the wholesaler's facility exempt from reporting under SARA Sections 311/312 due to the household product exemption under SARA section 311(e)(3)? Section 311(e)(3) exempts from the definition of hazardous chemical "(a)ny substance to the extent is used for personal, family, or…

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  • Maximum Occupancy Rating for Tier II Reporting

    Tier II chemical inventory information requires as estimate of the maximum number of occupants present at any one time at the facility ( 40 CFR 370.42(f) ). If a facility is given a maximum occupancy rating by a local official, should that rating be used when completing the Tier II…

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  • Are petroleum products exempt from 311 and 312?

    Are petroleum products exempt from the reporting requirements of Sections 311 and 312? Petroleum products are not specifically exempted from Sections 311 and 312 reporting. However, some products could fall under the exemptions listed in Section 311(e).

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  • Agricultural exemption and turf grown at nursery

    Sections 311 and 312 require facility owners or operators to submit Material Safety Data Sheets (MSDS) and annual inventory reports (Tier I/Tier II Forms) for any hazardous chemical subject to OSHA's Hazard Communication Standard ( 29 CFR section 1910.1200 ) when present at a facility above threshold amounts ( 40…

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  • Are pipelines subject to 311 and 312?

    Pipelines and similar transport systems are covered under the OSHA Hazard Communication Standard (HCS) (August 24, 1987). Must the "storage" of materials in these facilities be reported under Sections 311 and 312? Materials in pipelines are included in the general exemption for substances in transportation from all requirements under Title…

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  • Are mining facilities required to notify under Sections 311 and 312?

    Mining facilities regulated by the Mining Safety and Health Administration, (MSHA) are not subject to OSHA's Hazard Communication Standard (HCS) and, therefore, are not subject to the Sections 311 and 312 requirements. However, it should be noted that because MSHA covers only actual mining activities, all other operations, such as…

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  • Is creosote-treated wood exempt under the consumer product exemption?

    Until recently, OSHA exempted wood and wood products from the Hazard Communication Standard (HCS) program. On February 9, 1994, OSHA amended its HCS to no longer exempt certain wood and wood products ( 59 FR 6126 ). The revised exemption found at 29 CFR 1910.1200(b)(6)(iv) applies only to wood and…

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  • Does MSHA have jurisdiction over inactive mine facilities?

    The owner of a coal mine is maintaining one bulk anhydrous ammonia tank and satellite ammonia tanks because of an agreement with the State pursuant to environmental regulations concerning acid mine drainage. Ammonia is used to treat surface water runoff (raise the pH of the effluent). The mine is no…

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  • Resubmitting revised SDSs based on OSHA's new Hazard Communication Standards

    Pursuant to 40 CFR Part 370 , facilities must submit a material safety data sheet (MSDS) for each hazardous chemical or submit a list of all hazardous chemicals for which the facility is required to prepare or have available an MSDS under the Occupational Safety and Health Administration (OSHA) Hazard…

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  • Is oil stored in an intermediate storage tank exempt from 311 and 312?

    A transportation firm owns a pipeline that transports oil to an intermediate storage tank at their pumping station. At the pumping station the oil is sold and sent by a secondary pipeline to the purchaser. The transportation firm also owns the secondary pipeline until the pipeline reaches a valve in…

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