New EPA rules on wood products. Get up to speed or pay the price.

1. FORMALDEHYDE???
NEW RULES ON WOOD PRODUCTS?
Navigating the New EPA Formaldehyde
Emissions Standards for Composite Wood
Products…
Brought to you by Janel

2. On December 12, 2016, EPA published a rule to reduce
exposure to formaldehyde emissions from certain wood
products produced domestically or imported. The new
national rules are now consistent with
California’s requirements for composite wood products.

3. As of June 1, 2018, composite wood products sold, supplied, offered for sale, manufactured, or
imported into the United States are required to be:
 Certified as compliant with either TSCA Title VI or the California Air Resources Board (CARB)
Airborne Toxic Control Measures (ATCM) Phase II emission standards, which are set at identical
levels, by a third-party certifier (TPC) approved by CARB and recognized by EPA.
• Recognized third party certifiers: https://www.epa.gov/formaldehyde/recognized-third-
party-certifiers-under-formaldehyde-emission-standards-composite-wood
 Labeled as “CARB ATCM Phase II compliant” or “TSCA Title VI compliant”
 These products include: hardwood plywood, medium-density fiberboard, and particleboard, as
well as household and other finished goods containing these products.

4. Exemptions:
TSCA section 601(c) exempts a number of products.
These exemptions include: Hardboard, structural plywood, structural panels, oriented
strandboard, glued laminated lumber, prefabricated wood I-joists, finger-jointed lumber,
wood packaging, composite wood products used inside new vehicles other than
vehicles, windows with less than five percent by volume of composite wood products,
doors and garage doors with less than three percent by volume of composite wood
and exterior and garage doors made with NAF-based or ULEF resins.

5. De Mimimus Rule:
Labeling of a finished good is not required if the composite wood product
content does not exceed 144 square inches, based on the surface area of
largest face (e.g., small picture frame); however, the composite wood
must still be compliant.

6. ADDITONAL NEW RULE - Beginning March 22, 2019:
 Regulated products manufactured in or imported into the United States after March 22, 2019 may not rely
the CARB reciprocity and must be certified and labeled as TSCA Title VI compliant by an EPA TSCA Title VI
TPC with all of the required accreditations
 The label will have to contain more information:
• Panels (or bundles of panels):
• Name of panel producer, Product lot number, Compliance level (TSCA Title VI or NAF/ULEF), EPA
TSCA Title VI third-party certifier number, NAF/ULEF panels require EPA TSCA Title VI third-party
certifier number
• Finished goods:
• Fabricator name, Production date (month/year), Compliance level [TSCA Title VI; label may also
note if made with NAF/ULEF products (if true for all composite wood products in finished good),
made with combination of TSCA Title VI and NAF/ULEF products]
 TSCA section 13 import certification will also be required to be submitted through the Customs Entry
• More information about the positive or negative certification statement may be found
here: https://www.epa.gov/tsca-import-export-requirements/tsca-requirements-importing-
chemicals#positive

7. Recordkeeping requirements:
Most records required to be retained under this regulation must be kept for a period of three
years from the date they are generated
Under the proposal, importers, fabricators, distributors, and retailers are required to take steps
ensure that they are purchasing composite wood products or component parts that comply
the emission standards and to document these steps.
As proposed, in order to document compliance, the importer or fabricator would have to
from the supplier records identifying the panel producer(s) that produced the composite wood
products and the dates that the composite wood products were manufactured and purchased
from the panel producer(s), as well as bills of lading or invoices that include a written
from the supplier that the composite wood products, whether in the form of panels or
incorporated into component parts or
finished goods, are compliant with this subpart.

8. Links to additional information:
Bureau Veritas: http://www.bureauveritas.com/home/about-us/our-business/cps/whats-
new/bulletins/epa-formaldehyde-tsca-update
Comparison Chart: https://www.arb.ca.gov/toxics/compwood/comparisontable.pdf
EPA Summary: https://www.epa.gov/formaldehyde/formaldehyde-emission-standards-
composite-wood-products#rule-summary
EPA Final Rule: https://www.regulations.gov/document?D=EPA-HQ-OPPT-2016-0461-0001
EPA FAQ: https://www.epa.gov/formaldehyde/consumer-frequently-asked-questions-
formaldehyde-standards-composite-wood-products-act#standards

9. QUESTIONS OR CONCERNS REGARDING THIS NEW
REGULATION? CONTACT OUR DIRECTOR OF COMPLIANCE,
SEAN MCCLUNG SMCCLUNG@JANELGROUP.COM OR 401-
727-1776 X 114.
WE LOOK FORWARD TO HELPING YOU NAVIGATE THESE
NEW REGULATIONS!