A Practical Understanding of the Polymer ... - Keller Heckman

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A Practical Understanding of the Polymer Exemption Under TSCA exemption. We hope that the guidance provided below will materially assist you with not making an error the first and every time this exemption is invoked. I. Polymer Exemption Requirements Like the original exemption, the amended exemption has three types of requirements: (1) a polymer definition, (2) exclusions, and (3) conditions. In our experience, the conditions are most likely to limit the availability of the exemption, so we address the conditions first, even though in the exemption regulation they appear last. A. Paragraph (e) Conditions Three alternative conditions are provided in paragraphs (e)(1), (e)(2), and (e)(3) of 40 C.F.R. § 723.250. Basically, paragraphs (e)(1) and (e)(2) apply to two non-overlapping ranges of molecular weight. Paragraph (e)(3), is a special case condition; it applies to certain polyesters and has no explicit molecular weight requirement. Because it is the simplest of the three and, if applicable, eliminates the need to satisfy more onerous requirements, its applicability is preferable and should be considered first. Due to its simplicity, (e)(3) is also easy to use or eliminate. If your candidate substance has no ester linkages in it or its precursors contain any atomic elements other than carbon, hydrogen, oxygen, silicon, or chlorine, move on to (e)(1) and (e)(2). 1. Condition (e)(3) Paragraph (e)(3) applies to polyesters. To be eligible under (e)(3), polymers must satisfy a minimal polyester definition. The other (e)(3) requirement is that polyesters must be manufactured from a list of acceptable reactants. The amended list of acceptable reactants excludes some that were originally listed without CASRNs, but it includes more reactants than were on the 1984 list. Please note that every one of the precursors on the list may not be listed on the Chemical Substance Inventory (Inventory), but they must be so listed or manufactured under an applicable TSCA section 5 exclusion or exemption from premanufacture notification. The list of acceptable reactants is given in the table at 40 C.F.R. § 723.250(e)(3). A useful general observation, when considering whether your reactants are listed (e)(3) precursors, is that all of the reactants on the list contain only the atomic elements carbon, hydrogen, oxygen, and silicon, with one exception. There is one listed precursor that consists of the hydrolysis products of reactants that include the element chlorine. Therefore, chlorine might remain in this precursor and in the polyesters created from it. For example, without consulting the list, one knows that a precursor that contains nitrogen, fluorine, phosphorus, or sulfur obviates the (e)(3) condition because there is no listed precursor that contains these atomic elements. 3
Polymer Exemption Requirements 2. Condition (e)(1) Paragraph (e)(1) covers polymers with number-average molecular weights (NAMWs) of 1000 and above but less than 10,000. At the same time, polymers in this molecular weight range also must always have a molecular weight distribution such that there is less than 25 weight percent with molecular weights below 1000 and less than 10 weight percent with molecular weights below 500. Both criteria must be simultaneously met for the condition to apply. In addition, polymers that meet the molecular weight criteria of the (e)(1) condition must also satisfy an important limitation for certain reactive functional groups (RFGs). Because this RFG limitation functions more like an exclusion, it is discussed below with other exclusions. 3. Condition (e)(2) Paragraph (e)(2) covers polymers with molecular weights of 10,000 or greater. The concomitant requirements for molecular weight distribution are oligomer contents of less than five weight percent with molecular weights less than 1000 and less than two weight percent with molecular weights less than 500. Essential Molecular Mass Data Condition MW min MW max %
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A Practical Understanding of the Polymer ... - Keller Heckman

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