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EPA/OCSPP RIN: 2070-AJ44 Publication ID: Fall 2016 
Title: Formaldehyde Emission Standards for Composite Wood Products 
Abstract:

The EPA is developing a final rule under the Formaldehyde Standards for Composite Wood Products Act that was enacted in 2010 as title VI of Toxic Substances Control Act (TSCA), 15 U.S.C. 2697. In 2013, EPA issued a proposed rule to establish a framework for a TSCA title VI Third-Party Certification Program whereby third-party certifiers (TPCs) are accredited by accreditation bodies (ABs) so that they may certify composite wood product panel producers under TSCA title VI. That proposed rule identified the roles and responsibilities of the groups involved in the TPC process (EPA, ABs, and TPCs), as well as the criteria for participation in the program. EPA also proposed general requirements for TPCs, such as conducting and verifying formaldehyde emission tests, inspecting and auditing panel producers, and ensuring that panel producers' quality assurance and quality control procedures comply with the regulations set forth in the proposed rule. A separate proposed rule issued in 2013 under RIN 2070-AJ92 covered the implementation of 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. Pursuant to TSCA section 3(7), the definition of "manufacture" includes import. As required by title VI, these regulations apply to hardwood plywood, medium-density fiberboard, and particleboard. TSCA title VI also directs EPA to promulgate supplementary provisions to ensure compliance with the emissions standards, including provisions related to 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 third-party certifiers; recordkeeping; enforcement; laminated products; and exceptions from the requirements of regulations promulgated pursuant to this subsection for products and components containing de minimis amounts of composite wood products. As noted in the previously published Regulatory Agenda entry for each rulemaking, EPA has decided to issue a single final rule that addresses both of these proposals. As such, EPA also combined the entries for the Regulatory Agenda.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: Private Sector 
EO 13771 Designation: uncollected 
CFR Citation: 40 CFR 770   
Legal Authority: 15 U.S.C. 2697 Toxic Substances Control Act   
Legal Deadline:
Action Source Description Date
Final  Statutory  Deadline for promulgation of regulations, per 15 USC 2697(d).  01/01/2013 
Timetable:
Action Date FR Cite
ANPRM  12/03/2008  73 FR 73620   
Second ANPRM  01/30/2009  74 FR 5632   
NPRM  06/10/2013  78 FR 34795   
NPRM Comment Period Extended  07/23/2013  78 FR 44090   
NPRM Comment Period Extended  08/21/2013  78 FR 51696   
Final Rule  11/00/2016 
Final Rule Effective  To Be Determined 
Additional Information: Docket #:ANPRM stage: EPA-HQ-OPPT-2008-0627; NPRM Stage: EPA-HQ-OPPT-2011-0380; NPRM2 Stage: EPA-HQ-OPPT-2012-0018. . This entry includes the rulemaking previously identified under RIN 2070-AJ92.
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL: http://www.epa.gov/opptintr/chemtest/formaldehyde/index.html   Public Comment URL: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-OPPT-2011-0380-0001  
Sectors Affected: 3212 Veneer, Plywood, and Engineered Wood Product Manufacturing; 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; 33712 Household and Institutional Furniture Manufacturing; 337121 Upholstered Household Furniture Manufacturing; 337122 Nonupholstered Wood Household Furniture Manufacturing; 337127 Institutional Furniture Manufacturing; 337211 Wood Office Furniture Manufacturing; 337212 Custom Architectural Woodwork and Millwork Manufacturing; 337215 Showcase, Partition, Shelving, and Locker Manufacturing; 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; 541330 Engineering Services; 541380 Testing Laboratories; 541611 Administrative Management and General Management Consulting Services; 541990 All Other Professional, Scientific, and Technical Services; 561990 All Other Support Services; 813910 Business Associations; 813920 Professional Organizations 
RIN Data Printed in the FR: Yes 
Agency Contact:
Robert Courtnage
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460
Phone:202 566-1081
Email: courtnage.robert@epa.gov

Erik Winchester
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460
Phone:202 564-6450
Email: winchester.erik@epa.gov