Looming Deadline for TSCA "Polymer Exemption" Notification

While industry is properly focused on the recent flurry of Toxic Substances Control Act (TSCA) "reform" activities, an important deadline is approaching for companies that manufacture or import polymers under the existing TSCA "polymer exemption." Specifically, the one-time notification to the U.S. Environmental Protection Agency (EPA), which must identify the number of polymers first manufactured or imported by a company under the exemption during calendar year 2016, must be postmarked by January 31, 2017.¹ 

Under the exemption, qualifying polymers are exempt from TSCA section 5 premanufacture notification (PMN) requirements for "new" chemical substances. Companies that rely on the exemption need only make a specific internal written certification of compliance with the exemption 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 notice must include the manufacturer's (or importer's) name and address, as well as the name and telephone number of a technical contact. Although electronic reporting is mandatory for many TSCA submissions, electronic reporting is not currently available for polymer exemption notifications.If a company did not manufacture or import any polymers for the first time under the polymer exemption in 2016, the company is not required to submit the report this January.

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

¹ 40 C.F.R. § 723.250