The Environmental Protection Agency issued a memorandum to all Regional Administrators and Offices to establish policy on the effect of the Occupational Safety and Health Administration's change to the retail exemption under the Process Safety Management.

 

The memo EPA indicates that impacted agricultural retail facilities will be required to submit RMP updates to the agency by January 22, 2017, six months after OSHA's announced enforcement date of July 22, 2016.

 

The memo states: "When effective, this change will result in several thousand facilities that had been eligible for the retail exemption under OSHA's previous interpretation becoming subject to the PSM standard. Most of these facilities were already subject to the EPA Risk Management Program regulations 40 CFR Part 68, but due to their exemption from PSM, were generally subject to RMP Program 2 requirements. As a result of OSHA's action, formerly Program 2 facilities are no longer exempt from the PSM standard will become subject to the more stringent Program 3 requirements."

 

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