Monday, February 6, 2012

Formaldehyde Standards Under Composite Wood Products Act

The Formaldehyde Standards for Composite Wood Products Act was enacted in July 2010. This law amended the Toxic Substances Control Act (TSCA) to establish specific formaldehyde emission limits for hardwood plywood, particleboard, and medium-density fiberboard. By law, the limits are identical to the California emission limits for these products. The law further requires EPA to promulgate implementing regulations by January 1, 2013.

US EPA has issued an Advanced Notification of Proposed Rulemaking to implement these formaldehyde emission limits. This rulemaking will address the mandate to promulgate regulations to implement the statutory formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured (including imported) in the United States. As directed by the statute, EPA will also consider provisions relating to, among other things, laminated products, products made with no-added formaldehyde resins, testing requirements, product labeling, chain of custody documentation and other recordkeeping requirements, and product inventory sell-through provisions.

A separate Regulatory Agenda entry (RIN 2070-AJ44) covers the mandate for EPA to promulgate regulations to address requirements for accrediting bodies and third-party certifiers. EPA anticipates publishing the Notice of Proposed Rule Making (NPRM) in the Federal Register in April 2012.

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