Jan. 31: Notification Deadline under TSCA Polymer Exemption

Keller and Heckman LLP

An important deadline approaches for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) polymer exemption.[1] A one-time notification required under the polymer exemption must be postmarked by January 31 of this year for polymers first manufactured or imported under the exemption during calendar year 2010.

Under the polymer exemption, qualifying polymers are exempt from TSCA Section 5 premanufacture notification requirements. Persons relying on this exemption need only make a certification of compliance with the exemption as of the time of first manufacture or import under the exemption and comply with recordkeeping and notification requirements.

Paragraph (f) of the polymer exemption requires companies to notify the U.S. Environmental Protection Agency (EPA) of the number of polymers first manufactured or imported by the company under the exemption in the preceding calendar year. Administrative information, such as contact information for the manufacturer, must also be provided. 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 exemption in 2010, it is not required to report this January.

For further information regarding the annual TSCA polymer exemption notification, please contact Thomas Berger at 202-434-4285 or by e-mail at berger@khlaw.com, John Dubeck at 202-434-4125 or by e-mail at dubeck@khlaw.com, Martha Marrapese at 202-434-4123 or by e-mail at marrapese@khlaw.com, Herb Estreicher at 202-434-4334 or by email at estreicher@khlaw.com or any of our chemical control staff.

[1] 40 C.F.R. § 723.250