EPA’s Final Rule Extends Formaldehyde Compliance Dates

EPA issued a proposed Direct Final Rule, concerning formaldehyde emission standards for composite wood products, extending all of the TSCA Title VI compliance deadlines to account for the delays to the originally published effective date. The rule was published in the Federal Register May 24. The new compliance dates are as follows:

• Emissions, recordkeeping and labeling provisions – March 22, 2018
• Import certification – March 22, 2019
• Laminated products – March 22, 2024

The rule also proposes to extend the transitional period for CARB-certified third-party certifiers (TPCs) to March 22, 2019.

This proposed rule will enter into effect within 45 days of publication in the Federal Register if EPA does not receive any adverse comment within 15 days.

“The federal regulation that definitively addresses formaldehyde emissions from composite wood products sold in the United States was first published in the Federal Register on Dec. 12, 2016, by the U.S. Environmental Protection Agency. If properly enforced, the regulation can ensure that all products – both domestic and imported composite wood panels and the finished products containing them – meet the world’s most stringent standards for formaldehyde emissions. It also marks the culmination of over 30 years of product stewardship by the composite wood industry, which through voluntary efforts and consistent and progressive work with regulators, has successfully developed products that consistently meet or exceed these tough standards,” said Jackson Morrill, president of the Composite Panel Association.

From Woodworking Network: https://www.woodworkingnetwork.com/news/woodworking-industry-news/epas-final-rule-extends-formaldehyde-compliance-dates?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

CARB Approved TPC Bodies Can Provide Formaldehyde Emissions Certification

The US Environmental Protection Agency (EPA) has finalized the new rules on formaldehyde emissions for manmade wood products. Under the new regulations, Third Party Certification (TPC) bodies currently approved to provide certification for the California Air Resources Board (CARB) formaldehyde standards will be entitled to provide certification for the new Toxic Substances Control Act (TSCA) formaldehyde emissions standard. Permission will be granted for a period of two years without the requirement for further approval. After this period, TPC will require accreditation by the EPA for TSCA Title VI certification.

The grace period will make it easier for manufacturers seeking a certified TPC and benefits continuity as the new set of rules, entitled 40 CFR 770, are based on CARB standards. The Formaldehyde Standards for Composite Wood Products Act, signed by President Obama in July 2010 amended the TSCA with the addition of Title VI and required the EPA to create regulations on formaldehyde in manmade wood products. After a lengthy period of consultation, new rules have been announced, which will come into effect one year after publication in the Federal Register.

Regulations 40 CFR 770 stipulate requirements for product labeling, compliance documentation, and for the conditions for approval of TPC and Accreditation Bodies (AB). The regulations also set out the requirements for formaldehyde emissions from composite wood products, component parts and finished goods.

Composite wood producers need to be certified through a program that includes product testing for emission standards and production facility inspections, including requirements for processes and record keeping. The emission standards are based on test method ASTM E1333-10.

From OpenPR: https://www.openpr.com/news/377699/CARB-Approved-TPC-Bodies-Can-Provide-Certification-on-New-US-Formaldehyde-Emissions-Standards.html

EPA Still Gathering Input On Hardwood Plywood Formaldehyde

The EPA, expected to issue soon a final rule to implement the Formaldehyde Standards for Composite Wood Products Act, which added Title VI to the Toxic Substances Control Act.

It’s latest comment period is still open until November 7:

The EPA reviewed its emission inventory and compliance databases to determine if its current information was sufficient to conduct an RTR for the PCWP NESHAP and develop emission limits for the remanded PCWP process units. The available data for the affected population of plywood, composite wood products, and lumber dry kilns was found to be insufficient to adequately review and evaluate the emission standards for these source categories. The ICR will provide specific, required information, including emission inventories, compliance demonstrations, process changes, and information about control technologies/practices adopted since the application of maximum achievable control technology (MACT). Table 1 contains the North American Industry Classification System (NAICS) codes of facilities impacted by this information collection. Only major sources and synthetic area sources for these NESHAP categories will be affected by this information collection.

There will be a survey phase, Phase I, and a contingent testing phase, Phase Start Printed Page 62126II, in this information collection. Phase I seeks to collect facility-level information (e.g., facility name, location, contact information, and process unit details), emissions information, compliance data, control information, and descriptions of technological innovations. Phase I will be sent to all known operators of PCWP facilities that are major sources for hazardous air pollutants (HAP) regulated by these standards and synthetic area sources which used technology to avoid major PCWP NESHAP source status. Phase I responses may contain CBI. The survey will be provided and collected in an electronic format. The submission requires the owner or operator to certify that the information being provided is accurate and complete.

Read more at Woodworking Network: https://www.woodworkingnetwork.com/management/epa-hardwood-plywood-formaldehyde-rule-goes-live-federal-register-october-27-2016

EPA Issues Wood Products Formaldehyde Rule, Guided By CARB

The Environmental Protection Agency rolled out a formaldehyde emission standard, working with the California Air Resources Board (CARB) in setting the rules that are mandated by Congress.

The EPA moved to reduce exposure to formaldehyde vapors from laminate panel and engineered wood products produced domestically or imported into the United States. The agency worked with the California Air Resources Board to make its final national rule consistent with California requirements for composite wood products.

One year after the rule is published, composite wood products that are sold, supplied, offered for sale, manufactured, or imported in the United States will need to be labeled as TSCA Title VI compliant. These products include: hardwood plywood, medium-density fiberboard, particleboard as well as household and other finished goods containing these products.

The action was triggered in large part by discovering that Lumber Liquidators’ flooring supply from China has been labeled CARB compliant though it was not. Lumber Liquidators has since settled with CARB and the Consumer Products Safety Commission over its liability for the matter. The new rule requires other sellers of laminate panel to meet the CARB standards for formaldehyde exposure.

EPA says the new rule will level the playing field for domestic laminate flooring manufacturers who have a high rate of compliance with the California standard and will ensure that imported products not subject to California’s requirements will meet the new standard and thus, not contain dangerous formaldehyde vapors.”

From Woodworking Network: https://www.woodworkingnetwork.com/news/woodworking-industry-news/epa-issues-final-formaldehyde-exposure-rule-guided-carb