MERAUX REFINERY
POLICIES AND PROCEDURES
SSP-0050
Date Issued:
Supersedes:
Page 1 of 4
01/04/2011
New
TITLE:
Toxic Substance Control Act (TSCA) Reporting
PURPOSE:
The purpose of TSCA is to protect human health and the
environment against unreasonable risk of injury from
chemical
substances.
TSCA
is
enforced
by
U.S.
Environmental Protection Agency (EPA) and applies to
virtually all chemical substances manufactured, processed,
imported and distributed. This procedure aligns with the
Corporate TSCA Procedure 04-01-08
GENERAL:
This procedure outlines the basic steps for compliance to
the TSCA Section 5 (Inventory Update Rule), Section 8 (c)
(Significant Adverse Reaction), Section 8 (e) (Substantial
Risk), and Section 13 (Chemical Imports and Exports)
The Refinery Manager is responsible for overall compliance
with this TSCA reporting procedure.
Meraux Refinery employees are to promptly report internally
any potential hazards to human health or the environment
associated with our process or operation. This requirement
does not prohibit employees from contacting government
agencies directly, in the exercise of any rights guaranteed
them by law.
New employees will receive training on this procedure as
part of the Safety portion of their training. The TSCA
“Employee Communication Bulletin” (Attachment V of
Corporate Procedure 04-01-08) has been posted on employee
notification bulletin boards throughout the refinery.
MERAUX REFINERY
POLICIES AND PROCEDURES
SSP-0050
Date Issued:
Supersedes:
Page 2 of 4
01/04/2011
New
A. TSCA INVENTORY UPDATE RULE (IUR) (SECTION 5)
The Meraux Refinery will report each chemical substance
that is imported or manufactured over 10,000 pounds on EPA
Form 7740-8. It must include the Chemical Abstract Service
(CAS) Registry number, the name of the chemical substance,
and the quantity produced.
The Meraux Refinery
Environmental Manager is responsible for completing and
filing the report as required by the TSCA Inventory Update
Rule.
A copy of the IUR shall be submitted to the Director,
Corporate HSE
B. TSCA SIGNIFICANT ADVERSE REACTION (SECTION 8 (C)
Section 8(c) of the TSCA requires that “any person who
manufactures, processes or distributes any chemical
substance or mixture “must keep‟ records of significant
adverse reaction to human health or the environment alleged
to have been caused by the substance or mixture.”
TSCA 8(c) requires recording allegations of significant
adverse reaction that may indicate a substance caused
impairment of normal activities or long lasting or
irreversible damage to human health or the environment.


The Central Files Administrative Assistant shall
maintain the “TSCA 8(c) and a TSCA 8(e) file”.
The
contents of the file shall be maintained for 30 years.
Appendix A of this procedure should be referenced to
determine whether information related to an allegation
is recordable.
MERAUX REFINERY
POLICIES AND PROCEDURES
SSP-0050
Date Issued:
Supersedes:
Page 3 of 4
01/04/2011
New
C. TSCA SUBSTANTIAL RISKS TO HUMAN HEALTH OR THE ENVIRONMENT
(SECTION 8(E)
Section 8(e) of TSCA require the Company to immediately
inform the Administrator of the EPA of any information
which may be obtained and which reasonably supports the
conclusion
that
a
chemical
substance
or
mixture
manufactured, processed or distributed in commerce by
Murphy presents a substantial risk of human health impacts
or harm to the environment. Failure to report may give
rise to civil and/or criminal penalties, as well as
imprisonment for up to one year for knowing and willful
violations.
Since the EPA has interpreted that TSCA 8(e) applies to
individual employees, it is important that these reporting
procedures be established by the Company, communicated,
understood and followed. Individual employees of Murphy
shall discharge both TSCA and Murphy reporting obligations
by submission of pertinent information in accordance with
the Company Reporting Procedure for TSCA listed below.
Allegation Reporting Procedure
1. An employee who wishes to submit an allegation of
significant adverse health and/or environmental reaction
Under TSCA 8(c) or a substantial risk of contamination
under TSCA 8(e), which are not otherwise reported under
the procedures noted above, or an employee who receives
such an allegation orally or in writing from a customer
or
other
person,
shall
complete
the
required
documentation by providing a written summary (on the
Attachment II or Attachment IV form) of the allegation
and submit it to the Safety and Security Team Leader,
who will then forward a copy to the Refinery Manager and
provide a copy to the Director, Corporate Health, Safety
and Environmental.
MERAUX REFINERY
POLICIES AND PROCEDURES
SSP-0050
Date Issued:
Supersedes:
Page 4 of 4
01/04/2011
New
2. The Safety and Security Team Leader shall, upon receipt
of any Section 8(c) or 8(e) allegation; record the
allegation on the form included in Attachment B for TSCA
8(c) and Attachment D for TSCA 8(e), file in the
location TSCA 8(c) or 8(e) file, and forward a copy to
the Refinery Manager for review. A copy shall also be
sent directly to the Director, Corporate Health, Safety
and Environmental. The record shall be forwarder to
Central Files for placement in the “TSCA 8(c) and a TSCA
8(e) file folder” as outlined above.
3. Following determination of whether a TSCA report is
required, the Director, Corporate Health, Safety and
Environmental (or a designated alternate) will advise
the employee who submitted the internal report of the
Company’s disposition of the report. The disposition of
the report shall also be given to the Refinery Manager,
and the facility Safety and Security Team Leader.
D. TSCA CHEMICAL IMPORTS AND EXPORTS REPORTING (SECTION 13)
All chemical substances and mixtures entering the customs
territory of the U.S. must comply with TSCA. Each imported
shipment must be accompanied by a certificate that the
shipment is either in compliance with TSCA or is exempt.

Any employee that is responsible for importing a
chemical substance or mixtures shall ascertain that a
certification for each shipment is provided to the
Secretary of the Treasury, U.S. Customs Service, as
required by law.
Issued by:
________________________
Wade Gauthreaux
Safety & Security Team Leader
Approved by: ________________________
Jeff Warmann
Refinery Manager
Attachment A
SIGNIFICANT ADVERSE REACTIONS THAT MUST BE RECORDED UNDER
SECTION 8(c) OF THE TOXIC SUBSTANCES CONTROL ACT (TACA):
TSCA 8(c) requires the reporting of information or allocation of significant adverse
reactions to human health and the environment under the following guidelines:
A. Except as provided in paragraph (b) of this section, allegations of significant adverse
reactions to human health must be recorded allocations include, but are not limited to:
1.
2.
3.
4.
Long-lasting or irreversible damage, such as cancer or birth defects.
Partial or complete impairment of bodily functions, such as reproductive
disorders, neurological disorders or blood disorders.
An impairment of normal activities experienced by all or most of the
persons exposed at one time.
An impairment of normal activities which is experienced each time an
individual is exposed.
B. The Company is not required to record allegations of significant adverse reactions that
are known human effects, as defined in Section 717.3(c), if the effect:
1.
2.
3.
Was a significantly more toxic effect than previously known
Was a manifestation of a toxic effect after a significantly shorter exposure
period or lower exposure level than known
Was a manifestation of a toxic effect by an exposure route differently from
that known
C. Except as provided in paragraph (d) of this section, allegations of significant adverse
reactions to the environment that must be recorded, even if restricted to the environs
of a location or disposal site, include but are not limited to:
1.
2.
3.
4.
5.
6.
Gradual or sudden changes in the composition of animal life or plant life,
including fungal or microbial organisms in an area.
Abnormal number of deaths in organisms (e.g. fish kills)
Reduction of the reproductive success or the vigor of species
Reduction in agricultural productivity, whether crops or livestock
Alterations in the behavior or distribution of a species
Long lasting or irreversible contamination of components of the physical
environment, especially in the case of ground water, surface water and soil
resources that have limited self-cleansing capability
D. The Company is not required to record an allegation of a significant adverse reaction to
the environment if the alleged cause of that significant adverse reaction can be directly
attributable to an accidental spill or other accidental discharge/emission exceeding
permitted limits, or other incident of environmental contamination that has been reported
to the Federal Government under any applicable authority.
Attachment C
SUBSTANTIAL RISK INFORMATION THAT MUST BE REPORTED UNDER
SECTION 8(e) OF TSCA:
TSCA 8(e) requires the reporting of information that “reasonably supports” the
conclusion that the chemical substance or mixture presents a “substantial risk” under the
following categories:
A.
Human health effects:
1. Any instance of cancer, birth defects, mutagenicity, death, or serious or
prolonged incapacitation, including the loss of or inability to use a normal
bodily function with a consequent relatively serious impairment of normal
activities, if one (or more) chemical(s) is strongly implicated.
2. Any pattern of effects or evidence which reasonably supports a conclusion that
the chemical substance or mixture can produce cancer, mutation, birth defects
or toxic effects resulting in death, or serious or prolonged incapacitation.
B.
Environmental effects:
1. Widespread and previously unsuspected distribution of Company produced or
stored pipeline, tank, chemicals or mixtures in environmental media, as
indicated in studies (excluding materials contained within appropriate disposal
facilities).
2. Pronounced bioaccumulation. Measurements and indicators of pronounced
bioaccumulation heretofore unknown (including bioaccumulation in fish
beyond 5,000 times water concentration; in a 30-day exposure or having an noctano/water partition coefficient greater than 25,000) should be reported
when coupled with potential for widespread exposure and any adverse effect.
3. Any adverse effect, heretofore unknown associated with a chemical known to
have bioaccumulated to a pronounced degree or to be widespread in
environmental media.
4. Ecologically significant changes in species‟ interrelationships; that is,
changes in population behavior, growth, survival, etc. that in turn affect other
species‟ behavior, growth, or survival. Examples include:
i. Excessive stimulation of primary producers (algae, macrophytes) in
aquatic ecosystems, e.g. resulting in nutrient enrichment, or
eutrophication, of aquatic ecosystems.
ii. Interference with critical biogeochemical cycles, such as the nitro
cycle. (5) Facile transformation or degradation to a chemical having an
unacceptable risk as defined above.
C. Emergency incidents of environmental contamination – Any environmental
contamination by a Company produced or stored chemical substance or mixture to
which any of the above adverse effects has been ascribed and which because of the
pattern, extent, and the amount of contamination (1) seriously threatens humans with
cancer, birth defects, mutation, death, or serious or prolonged incapacitation, or (2)
seriously threatens non-human organisms with large-scale or ecologically significant
population destruction.