EPA Extends Deadline for Annual Reporting on Polymers under TSCA

On February 16, 2024, the U.S. Environmental Protection Agency (EPA) announced an extension of the submission deadline for the annual electronic reporting mandated under the Toxic Substances Control Act (TSCA). Specifically, this extension applies to polymers manufactured under the terms of the polymer exemption for new chemicals. The new deadline for submission is March 31, 2024.

EPA cites technical difficulties with the launch of the new electronic reporting tool as the primary reason for the extension. The Agency aims to give manufacturers sufficient time to submit their reports and accompanying claims using the updated tool.

Reporting Requirements:

Under the polymer exemption, companies may manufacture polymers that meet the exemption criteria without the need for a premanufacture notice or exemption notice under the TSCA New Chemicals Program.

While exemption from certain notices is granted, there are still recordkeeping requirements to ensure compliance. Manufacturers of exempted polymers must submit an annual report on the number of exempted polymers manufactured or imported during the preceding calendar year.

Under EPA regulations, manufacturers (including importers) of polymers manufactured under the exemption must submit a report of manufacture or import by January 31 of the following year. In June 2023, EPA amended the reporting requirement to require electronic submission. To determine if your company is subject to this regulation, it is advised to review the applicability criteria outlined in 40 CFR 723.250.

Submission Process:

Reports and accompanying claims must be submitted electronically through EPA's Central Data Exchange (CDX) using the TSCA Section 5 Notices and Supports—ePMN application.