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

Regulatory Freeze Issued On EPA Formaldehyde Regulation

President Trump issued an Executive Order over the weekend that freezes all recently published EPA regulations for a 60-day review period. This review period delays the initial effective date for the EPA formaldehyde rule, pushing it from February 10 to March 21, 2017, according to the Composite Panel Association.

This change in effective date will only impact the deadline for accrediting bodies and third-party certifiers to register with the EPA. The December 12, 2017 implementation date for all panel producers and fabricators to comply with the regulation’s emissions and other requirements remains unchanged.

Since the formaldehyde rule was published in the Federal Register, it cannot be changed without further action by the Congress through the Congressional Review Act, which is highly unlikely, or through rulemaking by the EPA. At this point, there is no clear indication that EPA will open the docket for further comment or initiate a rulemaking to make changes to the existing regulation.

CPA will continue its advocacy efforts with EPA during this implementation delay to seek changes to the final regulation that address a handful of editorial and/or substantive issues, such as the restriction on labeling TSCA Title VI compliance until December 12, 2017.

From Woodworking Network: https://www.woodworkingnetwork.com/news/woodworking-industry-news/trump-administration-issues-regulatory-freeze-epa-formaldehyde