An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »

Ammonia used as agricultural nutrient held by farmers and the general duty clause

Does the exemption at 40 CFR 68.125 for "ammonia used as an agricultural nutrient, when held by farmers" apply to the CAA Section 112(r)(1) general duty clause?

No. The exemption for ammonia held by farmers for use as fertilizer applies only to the provisions of the risk management program regulations at 40 CFR Part 68. The general duty requirement is statutory rather than regulatory and is, therefore, not subject to the regulatory exemption at 40 CFR 68.125.