Regulatory Development and Retrospective Review Tracker

Formaldehyde Emission Standards for Composite Wood Products

a.k.a. Formaldehyde Emission Standards for Composite Wood Products

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

Docket No.: ANPRM stage: EPA-HQ-OPPT-2008-0627; NPRM Stage: EPA-HQ-OPPT-2011-0380; NPRM2 Stage: EPA-HQ-OPPT-2012-0018. (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 that was enacted in 2010 as Title VI of Toxic Substances Control Act (TSCA), 15 U.S.C. 2697.

In 2013, EPA issued a proposed rule 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. That proposed rule identified 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. EPA also proposed 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 proposed rule issued in 2013 under RIN 2070-AJ92 covered the implementation of 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. 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; 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 from the requirements of regulations promulgated pursuant to this subsection for products and components containing de minimis amounts of composite wood products. As noted in the previously published Regulatory Agenda entry for each rulemaking, EPA has decided to issue a single final rule that addresses both of these proposals. As such, EPA also combined the entries for the Regulatory Agenda.

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: Sent to OMB for Regulatory Review03/25/2016
Final Rule: Received by OMB03/28/2016
Final Rule: Regulatory Review Concluded07/26/2016
Final Rule: Published in FR12/2016 (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.

  • Final Rule - This stage of the rulemaking underwent 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