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Polymer Exemption to Exclude Certain Perfluorinated Polymers

01 02 10 - 18:28

On January 27, 2010 the US Environmental Protection Agency (EPA) issued a final rule amending the Polymer Exemption rule to exclude certain perfluoroalkyl moieties consisting of CF3- or longer chain lengths.  The rule will become effective on February 26, 2010 and will affect polymers that contain any one or more of the following:

• Perfluoroalkyl sulfonates (PFAS),
• perfluoroalkyl carboxylates (PFAC),
• fluorotelomers, or
• perfluoroalkyl moieties that are covalently bound to either a carbon or sulfur atom where the carbon or sulfur atom is an integral part of the polymer molecule (affected polymers).

As of the effective date of the rule, any entity which manufactures or imports these types of materials will no longer be able to do so under the exemption and must complete the usual Premanufacturing Notice (PMN) requirements (or other exemption such as the Low Volume Exemption - LVE). Currently manufactured or imported affected polymers, or polymers previously manufactured or imported but are not currently in active commerce may continue until January 27, 2012 as long as they are in full compliance with the 1995 polymer exemption rule. After that date, manufacture of these polymers will no longer be authorized under the polymer exemption rule, and continued manufacture or import must be authorized under a different TSCA section. This change is necessary because, based on current information, EPA can no longer conclude that these polymers "will not present an unreasonable risk to human health or the environment" under the terms of the polymer exemption rule.