With this standard, any company with more than 10 full-time employees that manufactures, keeps or uses any of the chemicals that EPA deems toxic in an EPA-specified threshold quantity
must submit a Form-R to the appropriate state and federal agencies.
The requirement applies to commercial facilities with more than a threshold quantity
of a substance designated in the Clean Air Act.
The owner or operator of a stationary source that has more than the threshold quantity
of a regulated substance in a process must comply with the EPA regulations by the latest of three dates: June 21, 1999; three years after a regulated substance is listed; or the date on which a regulated substance is first present above a threshold quantity
in a process.
Under that provision, retailers would not have to submit to the rigid registration and reporting requirements if they did not sell amounts over what the DEA considers a threshold quantity. However, Wagner says, exactly how much that would be has not been determined, nor is it clear how such a threshold would be calculated.
"The only way to determine if a threshold quantity is reached is with burdensome records, or employing and training cashiers who are adept at reading ingredients on O-T-C labels and calculating the quantity of pseudoephedrine in each product sold," she notes.
The proposed RMP rule is applicable to stationary sources that have regulated substances in storage or contained within a process in excess of a threshold quantity
. Each facility must register with the EPA within three years of the final rule, The registration will require details including: name, address, phone, and contact person; name and Chemical Abstract Service (CAS) numbers of regulated substances present in excess of threshold quantities; maximum amount of substances on-site; the Standard Industrial Classification (SIC) code associated with the use of each substance; Dun & Bradstreet reporting number; and certification of accuracy and completeness.
The "Process Safety Management (PSM) of Highly Hazardous Chemicals" (29 CFR 1910.119) applies to specific chemicals used in amounts greater than a listed threshold quantity
The threshold quantity
for manufacturers and processors in 1989 and thereafter is 25,000 lb of toxic chemicals used during the preceding calendar year.