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Current Phase: Withdrawn (What's this?)

This Web page will be retained for 1 year for historical purposes, and then it will be removed from Reg DaRRT.

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 under RIN 2070-AJ44 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. It 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. Therefore, this action has been combined with "Formaldehyde Emissions Standards for Composite Wood Products " (RIN 2070-AJ44).