Polymers exemption, current

The EPA s polymer exemption was first instituted in 1984 and was later broadened in 1995. The 1985 exemption has some legacy appHcation, but the 1995 polymer exemption is currently in effect for all polymers made or imported since May 30,1995. 

Prior to May 30,1995 a polymer exemption required EPA approval, and if the successor company wants to rely on a polymer exemption that was explicitly approved, instead of relying on the current automatic exemptions, then it will have to file a successor transfer form. A successor should review an older polymer exemption to determine if it confers any advantages not available under the current automatic exemption. The current polymer exemption requires entities that rely on it to file a report by January 31 of each year providing information on each polymer that it has manufactured or imported for the first time during the previous calendar year. To be prudent, successor companies should include in that report all of the polymers that it has made for the first time instead of relying on the reports filed by the predecessor company. 

Because the Sixth Amendment itself exempts most of the chemicals that are subject to EPA s current rulemaking, In general the Commission does not need to commence any exemption activities analogous to EPA s efforts. Thus, the EEC s premarket program covers only those new polymers that contain 2% or more of a monomer(s). (Any new monomer iis subject to the notification requirements.) Further, because PMN s must be submitted only for new substances that are "placed on the [Community] market," the EEC s PMN requirements generally do not apply to the manufacture and use of intermediates (or of any other new substances, for that matter) by one company at one site.(13)... 

Examples of these issues include the current uncertainty over the scope of the Directive s general exemption for polymers the precise interpretation of the exclusions for pesticides and medicinal products conflicting national approaches... 

Polymers, as defined in the REACH legislation, are currently exempt from registration under REACH. This is because polymer molecules are, in general, regarded to represent low concern in relation to their high M. ... 

---