EPA has developed a new fact sheet for fertilizer retailers to help ensure compliance with the chemical inventory reporting requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA). This fact sheet supports the longstanding recommendation from Asmark to report fertilizers on SARA Tier II reports. The Retail Fertilizer Exemption exempts retailers from reporting requirements under EPCRA sections 311 and 312 when fertilizers are held for sale to the ultimate customer (e.g., the farmer with the intent to apply the fertilizer).
The Retail Fertilizer Exemption does not apply to:
Fertilizers that are mixed or blended.
Other chemicals that are used or stored on site, such as pesticides or other agricultural or non-agricultural chemicals.
Any fertilizer not covered by the exemption, and all other chemicals (unless covered by other exemptions), must be reported per EPCRA sections 311 and 312 inventory reporting requirements.
Retailers can report the total quantity of fertilizer they held, to include both the eligible (exempt) and the ineligible (non-exempt) portions. Retailers may find it easier to report the total quantity of the fertilizers that are present on site at any one time above the applicable thresholds. Although not required to report the fertilizer portions that are eligible for the exemption, it is acceptable and encouraged. This information benefits local emergency planners and responders, so they are aware of hazards that are present at your facility. Our kudos to the Agricultural Retailers Association (ARA) for distributing this fact sheet.
