Is diesel fuel exempt when used solely to apply pesticides?
A citrus grove service owner stores pesticides and diesel fuel at his facility. The owner's business consists of transporting the pesticides to citrus groves and applying them to trees. This application is the only use of the pesticides; the owner does not sell them or use them in any other way. The service uses the diesel fuel exclusively to transport the fertilizers and pesticides to the citrus groves so they may be applied.
Would the pesticides or diesel fuel be covered by the Section 311(e)(5) agricultural use exemption from reporting under Sections 311 and 312 of EPCRA?
The only instance covered by the Section 311(e)(5) agricultural exemption is the actual application of the pesticide at the farm facility. The owner/operator of the farm does not need to report the use of the pesticide at the citrus grove location (farm) because the citrus grove is considered a routine agricultural operation. With regard to the storage of the pesticides and diesel fuel at the service facility, these must be reported. The agricultural exemption is intended to primarily cover use and storage of hazardous chemicals at the farm facility.