NACD Member Impact RE OSHA PSM Chemical Concentration Memo

OSHA's PSM standard regulates highly hazardous chemicals.  To determine a chemical is highly hazardous, the chemical must be present in a process, listed in Appendix A of the standard, and meet the specified threshold quantity.  Of the 137 chemicals listed, 126 do not have a specific concentration level.  In 1994, OSHA refined its policy stating that these 126 chemicals are covered at "commercial grade" concentrations and higher.  On June 5, 2015, OSHA changed its policy, adopting a 1% concentration test similar to that adopted by EPA for its Risk Management Plan (RMP) Program. The new policy took effect immediately. Companies that process (including storage) Appendix A chemicals with a concentration of 1% will now be required to count these materials toward the Appendix A thresholds and will likely be subject to PSM requirements. Additionally, under a separate OSHA policy change, companies exempt from PSM as retail facilities are no longer exempt. Companies that were previously exempt from EPA's RMP because they were not regulated under PSM will now be regulated by both PSM and RMP.  NACD is challenging OSHA's authority to make this significant change without public notice and comment. Your responses to the following questions will provide useful data to help NACD fight back against the 1% policy.  Thank you for your important feedback.