Summary of some provisions in EPA’s formaldhyde regulations that deviate from the 

CARM ATCM: 

1. Testing Requirements for Hardwood Plywood—Frequency and Sampling: In

addition to several provisions that are identical to those in the CARB ATCM, EPA is 

proposing the following quality control testing frequency provision for hardwood 

plywood producers that make less than 100,000 square feet of a product: 

If weekly production of hardwood plywood at the panel producer is 100,000 

square feet or less, at least one test per 100,000 square feet for each product type 

produced; or, if less than 100,000 square feet of a particular product type in a 

single production run is produced, one quality control test of that product type per 

production run or lot produced. (§ 770.18(b)(2)(iii)(D)).

2. Testing Requirements—Demonstration of Equivalence of Test Methods: EPA is 

proposing to allow flexibility in sampling and removing the requirement of testing 

products with multiple emission ranges. ((§ 770.18(d)). Also, EPA is proposing to have 

third-party certifiers determine whether test methods are adequately correlated or 

equivalent to the large chamber test method. 

3. NAF/ULEF Provisions and Provisions for Reduced Quality Control Testing for 

MDF and Particleboard: EPA is not proposing to require panel producers to apply to 

EPA for the TPC exemption or reduced testing. EPA is proposing that the panel producer 

apply to an accredited TPC for a TPC exemption/reduced testing and send a copy of the

application to EPA. Under the proposal, TPCs would be responsible for reviewing 

applications from panel producers, approving an application within 90 days of receipt if it 

demonstrates that the requirements under TSCA Title VI are met, notifying EPA of all 

approvals within 5 days of the approval, and forwarding copies of all approved 

applications to EPA within 30 days of receipt. (§ 770.7(c)(2)(iii)).

4. Hardwood Plywood and Laminated Products: Under the proposal, hardwood 

plywood includes laminated products, except “hardwood plywood does not include 

laminated products that are made by attaching a wood or woody grass veneer with a noadded formaldehyde-based resin to a core that has been manufactured in compliance with 

this subpart and that is either certified in accordance with § 770.15, manufactured with 

no-added formaldehyde-based resins under § 770.17, or manufactured with ultra lowemitting formaldehyde-based resins under § 770.18(d).” (§ 770.3)

5. The Definition of Laminated Products: EPA is proposing a broader definition of 

laminated products which would include some products that are considered HWPW 

under the CARB ATCM. EPA is proposing to define “Laminated product” to mean “a 

product in which a wood or woody grass veneer is affixed to a particleboard platform, a 

medium-density fiberboard platform, or a veneer core platform. A laminated product is a 

component part used in the construction or assembly of a finished good.” (§ 770.3)

5. Engineered Veneer: EPA is not proposing to exempt engineered veneer from the

statutory definition of hardwood plywood. 
6. Record Retention Period: EPA is proposing a 3 year record retention period for all 

record keeping requirements in the regulations. 

7. Stockpiling: TSCA Title VI directs EPA to base the stockpiling provisions on a 

“manufactured-by date,” as opposed to a “sell-by date.” So products can be sold at any

point before or after the program takes effect provided they were manufactured before the 

designated date of manufacture. Under the proposal “stockpiling” is defined as 

“manufacturing or purchasing composite wood products, whether in the form of panels or 

incorporated into finished goods, between July 7, 2010 and [date 180 days after 

publication of the final rule in the Federal Register] at an average rate at least 20% 

greater than the average rate of manufacture or purchase during the 2009 calendar year 

for the purpose of circumventing the emission standards and other requirements of this 

subpart.” (§ 770.3; § 770.12)

8. Labeling: EPA’s proposal would require labels to have a statement that the product is

TSCA Title VI compliant in addition to the information the CARB ATCM requires to 

appear on labels. (§ 770.45).

9. Definition of “Hardboard”: EPA proposes to define “hardboard” as “a panel 

composed of cellulosic fibers made by dry or wet forming and hot pressing of a fiber mat, 

either without resins, or with a phenolic resin (e.g., a phenol-formaldehyde resin) or a 

resin system in which there is no added formaldehyde as part of the resin cross-linking 

structure, as determined under one of the following ANSI standards: ANSI A135.4 (Basic 

Hardboard), ANSI A135.5 (Prefinished Hardboard Paneling), or ANSI A135.6 

(Hardboard Siding).” (§ 770.3) Under this proposed definition, products made with urea 

formaldehyde resin, would not be considered “hardboard.”

10. Non-Complying Lots: The EPA proposal states that, “[n]on-complying lots are not 

certified composite wood products and they may not be sold, supplied or offered for sale 

in the United States except in accordance with this section.” (§ 770.22) The proposal 

would require panel producers to hold on to lots selected for sampling until passing test 

results are received. (§ 770.20(b)(3)&(c)(2)(iv)). 

11. Import Certification Requirements: Under TSCA Title VI importers must comply

with the import certification requirements found at 19 CFR §§ 12.118 through 12.127 or

as later promulgated. (§ 770.30(c)).

12. Accreditation Bodies (ABs): EPA is proposing to recognize certain product and 

laboratory ABs to accredit TPCs to provide TSCA Title VI certifications. (§ 770.7(a) 

&(b)). 

13. Third-Party Certifiers: EPA is proposing that TPCs must be accredited by an EPA 

recognized product and laboratory AB. In addition, TPCs that not are located 

domestically will need to designate an agent within the United States. (§ 770.7(c)). 
14. Recordkeeping: EPA’s proposal provides that importers, fabricators, and laminated 

product producers must obtain and keep the following records: (1) Records identifying 

the panel producer and the date the composite wood products were produced; (2) Records 

identifying the date the composite wood products were purchased; (3) Bills of lading or 

invoices that include a written affirmation from the supplier that the composite wood 

products are compliant with this subpart. (§ 770.30). Distributors and retailers would only

be required to retain invoices and bills of lading and copies of labels used. (§ 770.40 (e)). 

15. Length of TPC Accreditation/Approval: EPA is proposing that TPCs are 

approved/accredited for 3 years, subject to renewals. (§ 770.7(c)).