Available Now: 2023 Schedule of Hazmat & RCRA Training

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.  

Help with TSCA Chemical Reporting

Getting ready to report your site’s chemical data for 2016? Before you do, join us for the live, instructor-led TSCA Chemical Reporting & Recordkeeping Webinar on October 20. This popular, two-hour TSCA training session covers the latest changes to the TSCA CDR requirements. Plus, learn to manage other critical TSCA reporting programs like Significant New Use Rules (SNUR), import certifications and export notifications, Premanufacture Notifications (PMN), recordkeeping for Health and Safety Data, and more.

Don’t miss the final webinar before the new TSCA reporting deadline! Learn more and sign up here.

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

Find a Post

Compliance Archives

Lion - Quotes

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material.

Robert Roose

Manager, Dangerous Goods Transportation

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

These are the best commercial course references I have seen (10+ years). Great job!

Ed Grzybowski

EHS & Facility Engineer

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.

John Nekoloff

Environmental Compliance Manager

The instructor was very engaging and helped less experienced people understand the concepts.

Steve Gall

Safety Leader

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

David Hertvik

Vice President

The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable.

Marc Bugg

Hazardous Waste Professional

The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information.

Stephanie Venn

Inventory Control Specialist

Download Our Latest Whitepaper

In most cases, injuries that occur at work are work-related and must be recorded to maintain compliance with OSHA regulations. This report shows you the 9 types of injuries you don’t record.

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.