Frequent Questions

What is the definition of a "technically qualified individual"?

For the purpose of determining whether more than a threshold amount of a regulated substance is present at a stationary source under 40 CFR Part 68, certain exemptions may apply. One exemption is for regulated substances that are "manufactured, processed, or used in a laboratory at a stationary source under the supervision of a technically qualified individual as defined in §720.3(ee) of this chapter" (40 CFR §68.115(b)(6)). What is the definition of a "technically qualified individual" and what does "§720.3(ee) of this chapter" refer to?

§720.3(ee) of this chapter refers to 40 CFR §720.3(ee) where the regulations under the Toxic Substances Control Act (TSCA) lists definitions. EPA has chosen to adopt this TSCA definition.  A technically qualified individual, from this TSCA definition, is "a person or persons (1) who, because of education, training, or experience, or a combination of these factors, is capable of understanding the health and environmental risks associated with the chemical substance which is used under his or her supervision, (2) who is responsible for enforcing appropriate methods of conducting scientific experimentation, analysis, or chemical research to minimize such risks, and (3) who is responsible for the safety assessments and clearances related to the procurement, storage, use, and disposal of the chemical substance as may be appropriate or required within the scope of conducting a research and development activity."

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