PLEASE NOTE the LOI in which OSHA adopted EPA's 1% rule was thrown out by the courts so I am NOT 100% sure OSHA can use the 1% rule from EPA in their evaluations of what is a covered process/HHC.

 

This memorandum revises OSHA’s enforcement policy on the concentration of a chemical that must be present in a process  for the purpose of determining whether the chemical is at or above the threshold quantity listed in Appendix A of the Process Safety Management of Highly Hazardous Chemicals (PSM) standard (29 C.F.R. § 1910.119). The revision is in accordance with the President’s August 1, 2013, Executive Order 13650, Improving Chemical Facility Safety and Security.

Comments   

#2 Bryan 2015-06-16 17:19
Brenda, I asked the same question. From a very reliable source within OSHA, it is enforceable now. I specifically asked about an implementation period for those who would be impacted by this new policy and OSHA felt the number of those businesses impacted would be very small. But I am not sure they thought this all the way through, as I have several clients who are impacted in a large way.
#1 Brenda Seggerman 2015-06-16 17:14
Is this enforceable as of now? If not, when will it become enforceable? Thanks.

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