CPA: Quick Guide To The EPA Formaldehyde Regulation

If you manufacture finished goods that contain particleboard, medium density fiberboard (MDF) or hardwood plywood (HWPW), then you likely have been preparing to comply with the Environmental Protection Agency’s (EPA’s) Formaldehyde Emissions Standards for Composite Wood Products rule. If this is the first time you have heard of this Regulation, known also as “TSCA Title VI” after the statutory authority for the regulation, there is still time to prepare for compliance, but time is of the essence. This article provides a general outline of the TSCA Title VI requirements applicable to manufacturers of finished products containing composite wood panels, as well as the key dates for compliance, which have only just been finalized through recent litigation.

TSCA Title VI covers all finished goods and component parts made with particleboard, MDF and HWPW. Fabricators that make component parts using a wood or woody grass veneer (such as bamboo) attached to a composite wood core that is later used in a finished product may also meet the definition for “laminated product” producers, which triggers several additional requirements starting March 22, 2024. TSCA Title VI does include a “de minimis” exemption for finished goods or component parts sold directly to end users if its composite wood content does not exceed 144 square inches on its largest face. This exemption applies only to labeling; products such as small picture frames and others that meet the de minimis definition must still be made with compliant composite wood and comply with recordkeeping requirements.

The central requirement for manufacturers of finished goods is that they use compliant composite wood and that this is documented throughout the supply chain. On March 13, 2018, the U.S. District Court for the Northern District of California issued an order altering many TSCA Title VI compliance dates, including those related to sourcing. Fabricators must either begin using TSCA Title VI certified composite wood panels in all component parts and finished goods by June 1, 2018, or be able to prove that the composite wood panels or component parts were manufactured before, or were in inventory prior to, that date. The Court has now also allowed California Air Resources Board Airborne Toxic Control Measure Phase 2 (“CARB 2”) certified composite wood panels to be considered TSCA Title VI compliant until March 22, 2019.

Read more on this from Woodworking Network at https://www.woodworkingnetwork.com/management/quickguide-to-epa-formaldehyde-regulation-what-woodworkers-need-know?ss=news,news,woodworking_industry_news,news,almanac_market_data,news,canadian_news.

KCMA Could Defend EPA In Formaldehyde Lawsuit

The Kitchen Cabinet Makers Association (KCMA) may come to the defense of the Environmental Protection Agency (EPA) after various non-profit organizations throughout Louisiana announced they would sue the EPA for stalling its formaldehyde rule enforcement.

Through the lawsuit, Louisiana-based NGOs Sierra Club and Earthjustice are demanding the EPA be prevented from extending compliance with new regulation. Both groups survived Hurricane Katrina, in which FEMA deployed trailers containing formaldehyde-treated wood products to assist displaced victims.

“It is outrageous that people recovering from this year’s hurricanes might have to deal with the same health issues in their emergency housing that the EPA has known about — and was supposed to address — years ago,” attorney Patti Goldman said in a statement. Earthjustice published a story about their decision to sue on its website.

“Though the story is wrought with errors with respect to the alleged adverse health effects from formaldehyde exposure, the fact remains that a lawsuit has been filed that could impact the earlier granted extensions of the compliance dates to December 12, 2018,” said the KCMA in its newsletter. “KCMA is exploring our options and potential involvement in the suit; we will provide more details in the coming days. KCMA is also reaching out this week to related D.C. trade associations and will work with them to ensure a coordinated effort on this important issue.”

From Woodworking Network: https://www.woodworkingnetwork.com/news/woodworking-industry-news/kcma-could-defend-epa-formaldehyde-lawsuit?ss=news,news,woodworking_industry_news,news,almanac_market_data,news,canadian_news

EPA Extends Compliance Dates For Composite Wood Products

The U.S. Environmental Protection Agency will issue a final rule that will extend compliance dates for the national Formaldehyde Emission Standards for Composite Wood Products, according to Furniture Today.

“As announced on its website this week, the dates will be amended as follows:

* Emission standards, recordkeeping and labeling provisions from December 12, 2017, to December 12, 2018
* Import certification provisions from December 12, 2018, to March 22, 2019
* Laminated product producer provisions from December 12, 2023, to March 22, 2024
* The conclusion of the transition period for CARB Third-Party Certifiers from December 12, 2018, to March 22, 2019

“On July 11, the EPA also published a direct final rule that would remove a provision that prohibited the early labeling of compliant products before the original December 12 deadline. As it received no adverse comments on this matter, the rule has been changed to allow companies to label compliant products before the new December 2018 deadline. That change became effective August 25, meaning that companies can begin labeling product manufactured by this date.

“The EPA said it has received no negative comments on these changes, which are being finalized as proposed.”

From Floor Daily: https://www.floordaily.net/flooring-news/epa-extends-compliance-dates-for-composite-wood-products