Proposed Rules Under Formaldehyde Standards for Composite Wood Products Act

Written By: Caltha LLP | Published On: 29th May 2013 | Category: Air Quality, TSCA | RSS Feed

The U.S. Environmental Protection Agency (EPA) has proposed two rules to reduce exposure to formaldehyde, as required under a Federal law passed by Congress in 2010. These rules ensure that composite wood products produced domestically or imported into the United States meet the formaldehyde emission standards established by Congress.

In 2010, Congress passed the Formaldehyde Standards for Composite Wood Products Act, or Title VI of the Toxic Substances Control Act (TSCA), which establishes emission standards for formaldehyde from composite wood products and directs EPA to propose rules to enforce the Act. EPA’s proposed rules generally align with the requirements for composite wood products set by the California Air Resources Board, putting in place national standards for companies that manufacture or import these products. EPA rules will also encourage switching to no-added formaldehyde resins in composite wood products.

EPA’s first proposal limits how much formaldehyde may be emitted from hardwood plywood, medium-density fiberboard, particleboard and finished goods, that are sold, supplied, offered for sale, manufactured, or imported in the United States. The proposed standards also includes testing requirements, laminated product provisions, product labeling requirements, chain of custody documentation, recordkeeping, a stockpiling prohibition, and enforcement provisions. It also includes a common-sense exemption from some testing and record-keeping requirements for products made with no-added formaldehyde resins.

The second proposal establishes a third-party certification framework designed to ensure that manufacturers of composite wood products meet the TSCA formaldehyde emission standards by having their composite wood products certified though an accredited third-party certifier. It would also establish eligibility requirements and responsibilities for third-party certifier’s and the EPA-recognized accreditation bodies who would accredit them.

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