An August 2017 rule that is part of the TSCA regulation overhaul goes beyond what a facility reported for the 2016 update, and could leave a facility in a precarious position if the appropriate additional reporting is not taken. The reporting deadline is already close at hand – February 7, 2018.
Failure to report certain chemicals could result in a need to follow the pre-manufacturing process before certain intermediates could be produced, or before certain chemicals could be imported for use.
There are five specific areas where additional work may be needed to develop reporting information on purchased or intermediate chemicals:
Item #3 is particularly important. The non-isolated isolated intermediate exclusion was helpful in developing the 2016 Update and many facilities used this to avoid reporting intra-unit intermediate streams and inter-unit streams that never were routed through tanks. But abnormal situations can happen where an intermediate may be contained in a vessel that has a leak, or an unplanned unit shutdown (e.g., as a result of a fire or mechanical failure) and this could result in isolated process vessels that would need to be emptied by routing material (say by a vacuum truck) to product tankage, or even offsite as a byproduct sale. While some of these may fit under the 25,000 lb exclusion, with no threshold, these events would isolate the stream and result in a need to report it.
The rule can be found at: Link