New Composite Wood Law Requires Formaldehyde Emission Standards in 2013
On July 7, 2010, the President signed into law S. 16601, the “Formaldehyde Standards for Composite Wood Products Act,” which establishes national air emission standards for formaldehyde in domestic and imported composite wood products.
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Emission Standards for Imported & Domestic Wood Panels and Products
S. 1660 adds a new Section 601 to the Toxic Substances Control Act (TSCA) to establish formaldehyde emission standards for hardwood plywood, medium-density fiberboard (MDF), and particleboard sold, supplied, offered for sale, or manufactured in the U.S.
Unfinished panels & finished goods. These formaldehyde emission standards will apply regardless of whether the hardwood plywood, MDF, or particleboard is in the form of an unfinished panel or incorporated into a finished good.
Imports. As TSCA Section 13 requires that any chemical substance, mixture, or article containing a chemical substance or mixture be refused entry into the customs territory of the U.S. if it fails to comply with any rule in effect under TSCA, imports of the subject hardwood plywood, MDF, or particleboard (or finished goods made with them) will also have to comply with the formaldehyde emission requirements.
EPA Regulations due by Jan 2013 with Testing, Labeling Requirements
The Environmental Protection Agency will be required to issue regulations implementing the formaldehyde emission standards no later than January 1, 2013.
Effective date & “sell through provisions.” The regulations will be effective 180 days after they are issued, except that the EPA will be required to establish “sell-through provisions” based on a designated date of manufacture, which can be no earlier than 180 days after the regulations are issued. In addition, the EPA will have to indicate that the emission standards will not apply to products sold from inventory which were manufactured before the designated date of manufacture.
With these provisions, the standards will only apply to products manufactured after the designated date of manufacture, allowing for the “sell through” of existing merchandise.
Third-party testing, certification, labeling, etc. The regulations will also have to include provisions relating to: labeling; chain of custody requirements; 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 for products and components containing de minimis amounts of composite wood products.
EPA to Coordinate with CBP by July 2013 to Ensure Compliance of Imports
No later than July 1, 2013, EPA, in coordination with U.S. Customs and Border Protection and other appropriate Federal departments and agencies, will be required to revise regulations pursuant to TSCA Section 13 (on the compliance of imports with TSCA regulations) to ensure compliance of imported hardwood plywood, MDF, and particleboard with the formaldehyde emission requirements.
New Standards Same as California
According to Congressional press releases, S. 1660’s formaldehyde emission standards mirror California’s current standards for formaldehyde emissions in composite wood products. (See S. 1660 for specific standards for each separate product.)
Exceptions for 12 Products Including WPM, Certain Structural Panels, Etc.
The formaldehyde emission standard will not apply to the following twelve products:
| wood packaging material | certain structural composite lumber |
| certain structural plywood | certain composite wood-containing doors & garage doors |
| certain structural panels | certain prefabricated wood I-joists |
| oriented strand board | certain glued laminated lumber |
| hardboard | certain windows containing composite wood products |
| finger-jointed lumber | composite wood products used inside certain new vehicles, boats, etc. |
1The Senate passed S. 1660 on June 14, 2010, and the House passed it on June 23, 2010. (See ITT’s Online Archives or 06/03/10, 06/18/10, and 06/24/10 news, 10060324, 10061830, and 10062426, for BP summaries.)
(See ITT’s Online Archives or 12/05/08, 04/14/09 and 06/10/09 news, 08120520, 09041415, and 09041415, for BP summaries of California’s measure to reduce formaldehyde emissions in composite wood products.)
S. 1660 is available here.