Fertilizer retail facility exclusion from process safety management

NOTICE: This is an OSHA Archive Document, and may no longer represent OSHA Policy. It is presented here as historical content, for research and review purposes only.

June 19, 1992
Mr. Gary Myers, President
The Fertilizer Institute
[Recipient address omitted]
Dear Mr. Myers:
Thank you for your letter of March 27 to Acting Assistant Secretary Dorothy L. Strunk, requesting interpretations and clarifications of the Final Rule on Process Safety Management (PSM) of Highly Hazardous Chemicals, 29 CFR 1910.119, published in Volume 57, Number 36 of the Federal Register on Monday, February 24, 1992. In your letter, you requested written confirmation that facilities at which fertilizer is stored or at which fertilizer is blended for direct sale to end users are retail facilities which are excluded from employer compliance with the PSM standards.
The facilities you describe sell directly to end users or consumers, for example, farmers. Also, you note that these facilities comply with the Occupational Safety and Health Administration standards at 29 CFR 1910.111, for the storage and handling of anhydrous ammonia. With respect to enforcement of the PSM Standard, a retail facility means an establishment, which would otherwise be subject to the PSM standard, at which more than half of the income is obtained from direct sales to end users. Fertilizer establishments meeting this criterion would be exempt from the requirements of 29 CFR 1910.119.
Thank you for your interest in occupational safety and health. If we may be of further assistance, please contact us.
Sincerely,
Patricia K. Clark, Director
[Directorate of Enforcement Programs]
[Corrected 7/16/2004]