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Regulatory Development and Retrospective Review Tracker

Formaldehyde; Third-Party Certification Framework for the Formaldehyde Standards for Composite Wood Products

a.k.a. Formaldehyde - Third Party Certification

RIN: 2070-AJ44 (What's this?)

Docket No.: ANPRM stage: EPA-HQ-OPPT-2008-0627; NPRM Stage: EPA-HQ-OPPT-2011-0380. (What's this?)

Current Phase: Proposal (What's this?)

The EPA is developing a final rule under the Formaldehyde Standards for Composite Wood Products Act was enacted in 2010 as title VI of Toxic Substances Control Act (TSCA), 15 U.S.C. 2697, to establish specific formaldehyde emission limits for hardwood plywood, particleboard, and medium-density fiberboard, which are identical to the California emission limits for these products.

In 2013, the EPA issued a proposed rule under TSCA title VI to establish a framework for a TSCA title VI Third-Party Certification Program whereby third-party certifiers (TPCs) are accredited by accreditation bodies (ABs) so that they may certify composite wood product panel producers under TSCA title VI. The proposed rule identifies the roles and responsibilities of the groups involved in the TPC process (EPA, ABs, and TPCs), as well as the criteria for participation in the program. This proposal contains general requirements for TPCs, such as conducting and verifying formaldehyde emission tests, inspecting and auditing panel producers, and ensuring that panel producers' quality assurance and quality control procedures comply with the regulations set forth in the proposed rule. A separate Regulatory Agenda entry (RIN 2070-AJ92) covers the other proposed regulation to implement the statutory formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured (including imported) in the United States.  EPA may decide to issue a single final rule to promulgate the final requirements related to both proposed rules.

ANPRM: Sent to OMB for Regulatory Review09/18/2008
ANPRM: Received by OMB09/19/2008
ANPRM: Regulatory Review Concluded11/19/2008
ANPRM: Published in FR12/03/2008
ANPRM: Comment Period Open12/03/2008
ANPRM: Public Meeting01/08/2009
ANPRM: Public Meeting01/13/2009
ANPRM: Public Meeting01/15/2009
ANPRM: Public Meeting01/26/2009
ANPRM: Public Meeting01/29/2009
ANPRM: Comment Period Extension Published in FR01/30/2009
ANPRM: Comment Period Closed02/02/2009
ANPRM: Public Meeting03/04/2009
ANPRM: Comment Period Closed with Extension03/19/2009
NPRM: Sent to OMB for Regulatory Review05/03/2012
NPRM: Received by OMB05/05/2012
NPRM: Regulatory Review Concluded05/20/2013
NPRM: Comment Period Open06/10/2013
NPRM: Published in FR06/10/2013
NPRM: Comment Period Extension Published in FR07/23/2013
NPRM: Comment Period Closed08/09/2013
NPRM: Comment Period Extension Published in FR08/21/2013
NPRM: Comment Period Closed with Extension09/25/2013
Final Rule: Published in FR11/2015 (projected)

Potential Effects

International Effects
This rulemaking is expected to have international trade and investment effects, or otherwise may be of interest to our international trading partners.

Small Entities
EPA notifies the public when a rulemaking is likely to 1) have any adverse economic impact on small entities even though a Regulatory Flexibility Analysis may not be required and/or 2) have significant adverse economic impacts on a substantial number of small entities. The term "small entities" includes small businesses, small governments, and small not-for-profits. (Read a longer explanation on our Small Entities web page.) This rulemaking is likely to impact small entities in the following way(s):
  • Likely to have any adverse economic impact on:
    • small businesses

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 770

Legal Authority
15 U.S.C. 2697 Toxic Substances Control Act


This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.

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