Search

Proposed Changes to TSCA SNUR Rules for Chemical Manufacturers

Posted on 9/26/2016 by Roger Marks

US EPA has proposed changes to the Toxic Substance Control Act (TSCA) chemical reporting requirements intended in part to align the TSCA rules with OSHA’s Hazard Communication, or “HazCom,” Standard (HCS) and other best safety practices. See the text of the proposed TSCA rulemaking.
 

Hazard Control and PPE Under TSCA

In short, EPA proposes changing the language pertaining to respiratory protection requirements at 40 CFR 721.63 to update the references to OSHA and NIOSH work safety standards. For all SNURs issued by US EPA, manufacturers and processors may follow the updated respiratory protection standards without triggering a Significant New Use Notification (SNUN) requirement. 

In addition, EPA’s proposal would update 40 CFR 721.63 to designate as a Significant New Use the failure to implement a hierarchy of controls to protect workers. Like the OSHA requirements at 29 CFR 1910.134(a)(1), the updated TSCA rule would require employers to identify and use proper controls—substituting or eliminating the hazard, implementing engineer controls, administrative and work practice controls—before using personal protective equipment (PPE) for worker protection. 

Have questions about using PPE in the workplace? Read Is PPE Your Last Resort for Workplace Safety?
 
TSCA chemical regulations
 

Proposed Changes to TSCA


EPA plans to add paragraphs to the TSCA SNUR requirements which will:  
 
  • Require employers to develop and implement a written hazard communication plan as required by OSHA’s 29 CFR 1910.1200 HazCom rules, and
  • Describe hazard statements and warnings that may be required based on EPA’s risk assessment of a chemical substance
Other changes in the proposed TSCA rulemaking include:
 
  • Clarifying the definition of Significant New Use for ne chemicals to include the language “Use other than as described in the premanufacture notice referenced in Subpart E of this part for the substance” or more specific information about the use;
  • Clarify the meaning of the phrase “predictable or purposeful release” with respect to 40 CFR 721.90 reporting requirements; the phrase does not apply to releases where true emergency conditions exist and a SNUN is not possible;
  • Updating the bona fide procedure for Confidential Business Information (CBI) under 40 CFR 721.11;
  • Revising the requirements at 40 CFR 721.38, 720.45 and 723.50 to require Safety Data Sheets (SDS) already developed must be submitted as part of TSCA notifications (PMN, SNUN, LVE, LoREX, or TME); and
  • Fixing typographical errors, etc.
Read EPA’s full proposed rule here.

The American Coatings Association provides a useful breakdown of the  proposed TSCA rule as well, here.  

Tags: chemical, GHS, hazard communication, reporting and recordkeeping, TSCA

Find a Post

Compliance Archives

Lion - Quotes

The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly.

Brittany Holm

Lab Supervisor

I really enjoyed this training. Even after years on both sides of the comprehension coin, I find myself still learning! The quality of the delivery exceeded much of the training I have received in the past.

Neil Ozonur

Safety Officer

Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!

Stephanie Weathers

SHE Specialist

Lion is my preferred trainer for hazmat and DOT.

Jim Jani

Environmental Coordinator

Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are.

Amanda Schwartz

Environmental Coordinator

The online course was well thought out and organized, with good interaction between the student and the course.

Larry Ybarra

Material Release Agent

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider.

Francisco Gallardo

HES Technician

Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms.

David Hertvik

Vice President

I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better.

Danny Province

EHS Professional

Download Our Latest Whitepaper

Some limited quantity reliefs are reserved for specific modes of transport. Use this guide to identify which reliefs you can capitalize on, and which do not apply to your operations.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.