2070-AJ92 201210 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2070 Office of Chemical Safety and Pollution Prevention OCSPP 2000 Environmental Protection Agency EPA Formaldehyde Emissions Standards for Composite Wood Products On July 7, 2010, the Formaldehyde Standards for Composite Wood Products Act was enacted. This law amends TSCA to establish specific formaldehyde emission limits for hardwood plywood, particleboard, and medium-density fiberboard, which limits are identical to the California emission limits for these products. The law further requires EPA to promulgate implementing regulations by January 1, 2013. 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. Economically Significant First Time Published in The Unified Agenda Proposed Rule Stage Yes Private Sector Not Yet Determined 15 USC 2697 TSCA sec 601 Statutory Final 01/01/2013 Deadline for promulgation of regulations, per 15 USC 2697(d). Yes Formaldehyde is a colorless, flammable gas at room temperature that has a strong odor. It is found in resins used in the manufacture of composite wood products (i.e., hardwood plywood, particleboard, and medium-density fiberboard). It is also found in household products such as glues, permanent press fabrics, carpets, antiseptics, medicines, cosmetics, dishwashing liquids, fabric softeners, shoe care agents, lacquers, plastics, and paper product coatings. It is a by-product of combustion and certain other natural processes. Examples of sources of formaldehyde gas inside homes include cigarette smoke, unvented, fuel-burning appliances (gas stoves, kerosene space heaters), and composite wood products made using formaldehyde-based resins. The Formaldehyde Standards for Composite Wood Products Act, which created title VI of the Toxic Substances Control Act (TSCA), established formaldehyde emission standards for composite wood products (hardwood plywood, medium-density fiberboard (MDF), and particleboard) sold, supplied, offered for sale or manufactured in the United States. Under TSCA title VI, manufacturers of composite wood products must comply with specific formaldehyde emission standards, and their compliance must be verified by a third-party certifier (TPC). In addition, Congress directed EPA to consider a number of elements for inclusion in implementing the regulations. These elements include: labeling, chain of custody requirements, sell-through provisions, ultra low-emitting formaldehyde resins, no added formaldehyde-based resins, finished goods, third-party testing and certification, auditing and reporting of TPCs, recordkeeping, enforcement, laminated products, and exceptions from the requirements of regulations promulgated for products and components containing de minimis amounts of composite wood products. TSCA title VI establishes national formaldehyde emission limits for hardwood plywood, particleboard, and medium-density fiberboard and EPA has not been given the authority to change the limits. However, EPA will evaluate various implementation alternatives during the course of this rulemaking. EPA is currently evaluating the costs and benefits of this action. EPA is currently evaluating the risks presented by exposure to formaldehyde emissions from composite wood products (hardwood plywood, medium-density fiberboard (MDF), and particleboard) in excess of the statutory limits. Formaldehyde is both an irritant and a known human carcinogen. Depending on concentration, formaldehyde can cause eye, nose, and throat irritation, even when exposure is of relatively short duration. In the indoor environment, sensory reactions and various symptoms as a result of mucous membrane irritation are some potential effects from exposure. There is also evidence that formaldehyde may be associated with changes in pulmonary function and increased risk of asthma in children. In addition, formaldehyde is a by-product of human metabolism; therefore, endogenous levels are present in the body. NPRM 01/00/2013 Yes Businesses None No http://www.epa.gov/opptintr/chemtest/formaldehyde/index.html 321211 Hardwood Veneer and Plywood Manufacturing 321212 Softwood Veneer and Plywood Manufacturing 321213 Engineered Wood Member (except Truss) Manufacturing 321219 Reconstituted Wood Product Manufacturing 321991 Manufactured Home (Mobile Home) Manufacturing 321992 Prefabricated Wood Building Manufacturing 325199 All Other Basic Organic Chemical Manufacturing 325211 Plastics Material and Resin Manufacturing 336213 Motor Home Manufacturing 336214 Travel Trailer and Camper Manufacturing 337110 Wood Kitchen Cabinet and Countertop Manufacturing 337121 Upholstered Household Furniture Manufacturing 337122 Nonupholstered Wood Household Furniture Manufacturing 337127 Institutional Furniture Manufacturing 337129 Wood Television, Radio, and Sewing Machine Cabinet Manufacturing 337211 Wood Office Furniture Manufacturing 337212 Custom Architectural Woodwork and Millwork Manufacturing 337215 Showcase, Partition, Shelving, and Locker Manufacturing 423110 Automobile and Other Motor Vehicle Merchant Wholesalers 423210 Furniture Merchant Wholesalers 423310 Lumber, Plywood, Millwork, and Wood Panel Merchant Wholesalers 423390 Other Construction Material Merchant Wholesalers 441210 Recreational Vehicle Dealers 442110 Furniture Stores 444110 Home Centers 444130 Hardware Stores 444190 Other Building Material Dealers 453930 Manufactured (Mobile) Home Dealers Yes Yes Cindy Wheeler 2070 Office of Chemical Safety and Pollution Prevention OCSPP 202 566-0484 wheeler.cindy@epa.gov 7404T, Washington DC 20460 Lynn Vendinello 2070 Office of Chemical Safety and Pollution Prevention OCSPP 202 566-0514 vendinello.lynn@epa.gov 7404T, Washington DC 20460