TSCA Reset Rule - Do I Need to Report by Feb 7, 2018?

By John Beath

Dec 10

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:

  1. Additional chemicals or intermediates that are reportable and were processed after the 2016 Update cutoff (i.e., from January to June 2016)
  2. Chemicals or intermediates made prior to the 2016 Update window (e.g., between June 2006 and 2011), not reported in 2016, but that may be made again in the future (say a unit was reconstructed and that took a long time)
  3. Intermediates not isolated to date (and therefore not previously reportable) but that may be isolated in the future (e.g., fire, spill, unforeseen shutdowns, equipment modifications, addition of tanks, etc.)
  4. Chemicals manufactured or imported that were under the reporting threshold before (25,000 lb).  For the TSCA Reset Rule there is no threshold. This means that any chemical that is imported and injected into the process or otherwise used, regardless of quantity, would need to be reported now
  5. Chemicals previously declared as having confidential ingredients

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

About the Author

Read John's full bio here: http://www.beath.us/john-beath/

Leave a Comment:

Leave a Comment: