• Upcoming Deadline for TSCA Polymer Exemption Notification
  • January 23, 2012 | Author: Thomas C. Berger
  • Law Firm: Keller and Heckman LLP - Washington Office
  • January 31 is a significant deadline for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) "polymer exemption."[1] The one-time notification to the U.S. Environmental Protection Agency (EPA) that identifies the number of polymers first manufactured or imported by a company under the exemption during calendar year 2011 must be postmarked by January 31, 2012.

    Under the polymer exemption, qualifying polymers are exempt from TSCA section 5 premanufacture notification (PMN) requirements. Persons relying on the exemption need only make a specific written internal certification of compliance with the exemption as of the time of first manufacture or import under the exemption, comply with certain recordkeeping requirements, and make the notification to EPA described above.

    In addition to the number of polymers first manufactured or imported by a company in calendar year 2011, 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 your company did not manufacture or import any polymers for the first time under the polymer exemption in 2011, you are not required to submit this report this January.


    [1]40 C.F.R. § 723.250.