Upcoming Deadline for TSCA Polymer Exemption Notification

January 31 is an important upcoming deadline for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) "polymer exemption." The one-time notification to the U.S. Environmental Protection Agency (EPA) that must identify the number of polymers first manufactured or imported by a company under the exemption during calendar year 2012 must be postmarked by January 31, 2013.

Under the polymer exemption, qualifying polymers are exempt from TSCA section 5 premanufacture notification (PMN) requirements for "new" chemical substances. Companies relying on the exemption need only make a specific written internal 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 the number of polymers first manufactured or imported by a company in calendar year 2012, 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. Note that if a company did not manufacture or import any polymers for the first time under the polymer exemption in 2012, it is not required to submit this report this January.

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