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Regulatory Development and Retrospective Review Tracker

Formaldehyde Emissions Standards for Composite Wood Products

a.k.a. Formaldehyde - Implementation


RIN: 2070-AJ92 (What's this?)

Docket No.: EPA-HQ-OPPT-2012-0018 (What's this?)

Current Phase: Proposal (What's this?)

Abstract:
EPA is developing a final rule under the Formaldehyde Standards for Composite Wood Products Act that was enacted in 2010 as Title VI of Toxic Substances Control Act (TSCA), 15 U.S.C.

2697, and requires that EPA promulgate implementing regulations to establish specific formaldehyde emission limits for hardwood plywood, particleboard, and medium-density fiberboard, which limits are identical to the California emission limits for these products. In 2013, EPA proposed regulations to implement emissions standards established by TSCA Title VI for composite wood products sold, supplied, offered for sale, or manufactured in the United States. Pursuant to TSCA section 3(7), the definition of "manufacture" includes import. As required by Title VI, these regulations apply to hardwood plywood, medium-density fiberboard, and particleboard. TSCA Title VI also directs EPA to promulgate supplementary provisions to ensure compliance with the emissions standards, including provisions related to labeling; chain of custody requirements; sell-through provisions; ULEF 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 from the requirements of regulations promulgated pursuant to this subsection for products and components containing de minimis amounts of composite wood products. A separate Regulatory Agenda entry (RIN 2070-AJ44) addresses requirements for accrediting bodies and third-party certifiers.
Timeline

MilestoneDate
Initiated07/11/2008
NPRM: Sent to OMB for Regulatory Review05/03/2012
NPRM: Received by OMB05/05/2012
NPRM: Regulatory Review Concluded05/20/2013
NPRM: Published in FR06/10/2013
NPRM: Comment Period Open06/10/2013
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 Extension10/09/2013
Notice: Published in FR04/08/2014
Notice: Comment Period Open04/08/2014
Notice: Public Meeting04/28/2014
Notice: Comment Period Closed05/08/2014
Final Rule: Published in FR02/2015 (projected)

Potential Effects

Children's Health
This rule is likely to address an adverse impact on childhood lifestages, including prenatal (via exposure to women of childbearing age). The potential adverse impacts are expected to be due to exposure (i.e., children and/or women of childbearing age are more likely to be highly exposed than other lifestages).

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • This topic is likely to impact the health of vulnerable populations.
  • This topic is likely to impact the environmental conditions of vulnerable populations.
  • This topic is likely to present an opportunity to address an existing disproportionate impact on vulnerable populations.

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
  • Likely to have a significant adverse economic impact on a substantial number of these small entities:
    • small businesses

Unfunded Mandates
This action may place unfunded mandates on the private sector and is subject to Section 202 of the Unfunded Mandates Reform Act.

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 USC 2697;TSCA Section 601

Disclaimer

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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