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.
Last week OSHA changed their position in how they will handle “mixtures” of those chemicals listed in 1910.119 Appendix A WITHOUT a concentration percentage listed. OSHA rescinded all prior policy documents, letters of interpretation, and memoranda related to the maximum “commercial grade” or pure (chemical) grade policy in favor of a one (1) percent test similar to that adopted by EPA in regards to their RMP rule (e.g. EPA’s “1% rule”). Yes, using EPA’s “1% Rule” for both PSM and RMP does make things simpler for everyone, but boy-oh-boy does it have some potential challenges for the industry. Let’s examine some of the implications this change could have…