January 31 Deadline for TSCA "Polymer Exemption" Notification

Companies that manufacture polymers in or import polymers into the U.S. under the Toxic Substances Control Act (TSCA) “polymer exemption” are facing another important deadline.  The one-time notification to the U.S. Environmental Protection Agency (EPA) that must identify the number of polymers (if any) first manufactured or imported under the exemption by the company during calendar year 2014 must be postmarked by January 31, 2015. [1]

The polymer exemption excludes qualifying polymers from TSCA section 5 premanufacture notification (PMN) requirements that otherwise apply to “new” chemical substances (i.e., substances not listed on the TSCA Chemical Substance Inventory).  Instead of having to undergo the PMN submission and review process, companies that rely on the exemption for a specific polymer need only make an internal written certification as of the date of first manufacture or import under the exemption, comply with certain recordkeeping requirements, and make the above-described notification to EPA.

In addition to providing the number of polymers, the notification must include the manufacturer’s (or importer’s) name and address, and the name and telephone number of a technical contact.  Electronic reporting is now mandatory for many TSCA submissions but is not currently available for this type of notice.  If a company manufactured or imported no polymers under the exemption for the first time in 2014, the company should submit no report this January.

For further information or assistance regarding this requirement or the TSCA polymer exemption, please contact Tom Berger 202.434.4285 or berger@khlaw.com.