View Rule

On March 29, 2022, EPA issued a notice of proposed rulemaking addressing proposed updates to the references to the incorporation by reference of several voluntary consensus standards in the Agency’s formaldehyde standards for composite wood products regulations under the Toxic Substances Control Act (TSCA) that have since been updated, superseded, or withdrawn by the issuing organizations. In addition, the proposed rule addresses remote inspections for third-party certifiers (TPCs) required to conduct on-site inspections in the event of unsafe conditions such as the on-going COVID-19 pandemic or other unsafe conditions such as natural disasters, outbreaks, political unrest, and epidemics. The proposed rule also addresses certain technical corrections and conforming changes including updating standards within the definitions section, clarifying language as it relates to production, and creating greater flexibilities for the third-party certification process. EPA issued a supplemental proposed rulemaking to provide public notice of two additional voluntary consensus standards that were recently updated but published after the close of the Agency's comment period for the proposed rule. In the supplemental proposed rule, EPA sought comments on the proposed inclusion of ANSI A208.1-2022 Particleboard and ANSI A208.2-2022 Medium Density Fiberboard to update the incorporation by reference of these two voluntary consensus standards in 40 CFR 770.99 to reflect the most recent editions. EPA is reviewing the public comments and intends to issue a final rule.