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1 EO12866_RIN2070-AJ92_Formaldehyde-Imp_NPRM_2012-03-19_rev2013-05-03_MARKUP.docx

2 Revised to address Interagency Comments received under EO 12866 Review.

3 

4 BILLING CODE 6560–50–P 

5 ENVIRONMENTAL PROTECTION AGENCY 

6 40 CFR Part 770 

7 EPA-HQ-OPPT-2011-03802012-0018; FRL–XXXX–X 

8 RIN 2070–AJ92 

9 Formaldehyde Emissions Standards for Composite Wood Products

10 AGENCY: Environmental Protection Agency (EPA). 

11 ACTION: Proposed rule. 

12 SUMMARY: EPA is proposing new requirements for under the Formaldehyde Standards for 

13 Composite Wood Products Act, or Title VI of the Toxic Substances Control Act (TSCA). These 

14 proposed requirements are designed to implement the statutory formaldehyde emission standards 

15 for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for 

16 sale, or manufactured (including imported) in the United States. As directed by the statute, this 

17 proposal includes provisions relating to, among other things, laminated products, products made 

18 with no-added formaldehyde resins or ultra low-emitting formaldehyde resins, testing 

19 requirements, product labeling, chain of custody documentation and other recordkeeping 

20 requirements, enforcement, and product inventory sell-through provisions, including a product 

21 stockpiling prohibition. The composite wood product formaldehyde emission standards 

22 contained in TSCA Title VI are identical to the emission standards currently in place in 

23 California. TheThis regulatory provisions in this proposal areimplements these emissions 

24 standards and is designed to ensure compliance with the TSCA Title VI formaldehyde emission 
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25 standards while aligning, where practical, with the regulatory requirements in California. 

26 DATES: Comments must be received on or before [insert date [60] days after date of 

27 publication in the Federal Register]. 

28 ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA29 HQ-OPPT-2011-03802012-0018, by one of the following methods: 

30 • Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line 

31 instructions for submitting comments. 

32 • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics 

33 (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 

34 20460–0001. 

35 • Hand Delivery: OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 

36 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA-HQ-OPPT37 2011-0380. 2012-0018. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, 

38 excluding legal holidays. The telephone number for the DCO is (202) 564–8930. Such deliveries 

39 are only accepted during the DCO’s normal hours of operation, and special arrangements should 

40 be made for deliveries of boxed information. 

41 Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-2011-0380. 

42 2012-0018. EPA's policy is that all comments received will be included in the docket without 

43 change and may be made available on-line at http://www.regulations.gov, including any personal 

44 information provided, unless the comment includes information claimed to be Confidential 

45 Business Information (CBI) or other information whose disclosure is restricted by statute. Do not 

46 submit information that you consider to be CBI or otherwise protected through regulations.gov 

47 or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA will 
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48 not know your identity or contact information unless you provide it in the body of your 

49 comment. If you send an e-mail comment directly to EPA without going through 

50 regulations.gov, your e-mail address will be automatically captured and included as part of the 

51 comment that is placed in the docket and made available on the Internet. If you submit an 

52 electronic comment, EPA recommends that you include your name and other contact information 

53 in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read 

54 your comment due to technical difficulties and cannot contact you for clarification, EPA may not 

55 be able to consider your comment. Electronic files should avoid the use of special characters, any 

56 form of encryption, and be free of any defects or viruses. 

57 Docket: All documents in the docket are listed in the docket index available at 

58 http://www.regulations.gov. Although listed in the index, some information is not publicly 

59 available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other 

60 material, such as copyrighted material, will be publicly available only in hard copy. Publicly 

61 available docket materials are available electronically at http://www.regulations.gov, or, if only 

62 available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket 

63 Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW, Washington, DC. 

64 The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday 

65 through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading 

66 Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. 

67 Docket visitors are required to show photographic identification, pass through a metal detector, 

68 and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and 

69 subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in 

70 the building and returned upon departure. 
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71 FOR FURTHER INFORMATION CONTACT: For technical information contact: Cindy 

72 Wheeler, National Program Chemicals Division, Office of Pollution Prevention and Toxics, 

73 Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–

74 0001; telephone number: 202-566-0484; e-mail address: wheeler.cindy@epa.gov.

75 For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South 

76 Clinton Ave., Rochester, NY 14620; telephone number: (202) 554–1404; e-mail address: TSCA77 Hotline@epa.gov. 

78 SUPPLEMENTARY INFORMATION: 

79 I. General Information 

80 A. Does this Action Apply to Me? 

81 This document is directed to the public in general. However, this document may be of 

82 particular interest to the following entities: 

83 • Veneer, plywood, and engineered wood product manufacturing (NAICS code 3212). 

84 • Manufactured home (mobile home) manufacturing (NAICS code 321991). 

85 • Prefabricated wood building manufacturing (NAICS code 321992). 

86 • All other basic organic chemical manufacturing (NAICS code 325199), e.g., 

87 formaldehyde manufacturing. 

88 • Furniture and related product manufacturing (NAICS code 337). 

89 • Furniture merchant wholesalers (NAICS code 42321). 

90 • Lumber, plywood, millwork, and wood panel merchant wholesalers (NAICS code 

91 42331). 

92 • Other construction material merchant wholesalers (NAICS code 423390), e.g., 

93 merchant wholesale distributors of manufactured homes (i.e., mobile homes) and/or 
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94 prefabricated buildings. 

95 • Furniture stores (NAICS code 4421). 

96 • Building material and supplies dealers (NAICS code 4441). 

97 • Manufactured (mobile) home dealers (NAICS code 45393). 

98 • Motor home manufacturing (NAICS code 336213). 

99 • Travel trailer and camper manufacturing (NAICS code 336214). 

100 • Recreational vehicle (RV) dealers (NAICS code 441210). 

101 • Recreational vehicle merchant wholesalers (NAICS code 423110). 

102 • Plastics material and resin manufacturing (NAICS code 325211). 

103 This listing is not intended to be exhaustive, but rather provides a guide for readers 

104 regarding entities likely to be affected by this action. Other types of entities not listed in this unit 

105 could also be affected. The North American Industrial Classification System (NAICS) codes 

106 have been provided to assist you and others in determining whether this action might apply to 

107 certain entities. If you have any questions regarding the applicability of this action to a particular 

108 entity, consult the technical person listed under FOR FURTHER INFORMATION 

109 CONTACT. 

110 B. What Should I Consider as I Prepare My Comments for EPA? 

111 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e112 mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI 

113 information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD114 ROM as CBI and then identify electronically within the disk or CD-ROM the specific 

115 information that is claimed as CBI. In addition to one complete version of the comment that 

116 includes information claimed as CBI, a copy of the comment that does not contain the 
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117 information claimed as CBI must be submitted for inclusion in the public docket. Information so 

118 marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 

119 2. Tips for preparing your comments. When submitting comments, remember to: 

120 i. Identify the document by docket ID number and other identifying information (subject 

121 heading, Federal Register date and page number). 

122 ii. Follow directions. The Agency may ask you to respond to specific questions or 

123 organize comments by referencing a Code of Federal Regulations (CFR) part or section number. 

124 iii. Explain why you agree or disagree; suggest alternatives and substitute language for 

125 your requested changes. 

126 iv. Describe any assumptions and provide any technical information and/or data that you 

127 used. 

128 v. If you estimate potential costs or burdens, explain how you arrived at your estimate in 

129 sufficient detail to allow for it to be reproduced. 

130 vi. Provide specific examples to illustrate your concerns and suggest alternatives. 

131 vii. Explain your views as clearly as possible, avoiding the use of profanity or personal 

132 threats. 

133 viii. Make sure to submit your comments by the comment period deadline identified. 

134 II. Background 

135 A. Executive Summary 

136 1. Purpose of the regulatory action. EPA is proposing a rule to implement the emission 

137 standards and other provisions of the Formaldehyde Standards for Composite Wood Products 

138 Act, enacted as Title VI of Toxic Substances Control Act (TSCA), 15 U.S.C. 2697. The purpose 

139 of TSCA Title VI is to reduce formaldehyde emissions from composite wood products. This 
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140 proposed rule would implement the emission standards established by TSCA Title VI for 

141 composite wood products sold, supplied, offered for sale, or manufactured in the United States. 

142 (including imported products). TSCA Title VI directs EPA to promulgate supplementary 

143 provisions to ensure compliance with the emissions standards by January 1, 2013.

144 2. Summary of the major provisions. TSCA Title VI requires EPA to promulgate 

145 regulations that include provisions on labeling; chain of custody requirements; sell-through 

146 provisions; ultra low-emitting formaldehyde resins (ULEF); no-added formaldehyde-based resins 

147 (NAF); finished goods; third-party testing and certification; auditing and reporting of third-party 

148 certifiers; recordkeeping; enforcement; laminated products; and exceptions from regulatory 

149 requirements for products and components containing de minimis amounts of composite wood 

150 products. The listed topics are addressed in this proposal, with the exception of topics related to 

151 third-party certification which are being handled in a separate regulatory proposal. EPA also 

152 proposes several definitions, clarifies frequency and process requirements for emissions testing, 

153 and provides a means of determining test method equivalence. The emission standards 

154 themselves are set by statute and are not altered in this proposal. 

155 TSCA Title VI grants EPA the authority to modify the statutory definition of “laminated 

156 product” and directs EPA to use all available and relevant information to determine whether the 

157 definition of hardwood plywood should exempt engineered veneer or any laminated product. 

158 EPA is proposing to exempt laminated products in which a wood veneer is attached to a 

159 compliant and certified platform using a NAF resin. EPA is also proposing modifications to the 

160 statutory definition of “laminated product.” 

161 This action includes labeling requirements for composite wood panels and finished 

162 goods. It also includes “chain of custody requirements” and recordkeeping requirements with a 
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163 proposed 53 year record retention period. EPA is also proposing to specifically require TSCA § 

164 13 import certification for composite wood products that are articles. EPA has decided not to 

165 propose an exception from any of the regulatory requirements for products containing de 

166 minimis amounts of composite wood products. 

167 EPA proposes to set the manufactured-by date at 1 year after publication of the final rule 

168 in the Federal Register. Composite wood panels made after the manufactured-by-date would be 

169 subject to the emissions standards. Although TSCA Title VI allows EPA to set this date at 180 

170 days after promulgation of the final implementing regulations, EPA believes that more time will 

171 be needed to ensure infrastructure is in place and allow panel producers time to develop their 

172 initial qualifying data for certification. 

173 EPA proposes to provide producers of panels made with NAF-based resins or ULEF

174 resins with an exemption from TPC oversight and formaldehyde emissions testing after an initial 

175 testing period of 3 months for each product type. This made with NAF-based resins and 6 

176 months for each product type made with ULEF resins. These specific initial testing period 

177 isperiods are required by the statute and isare designed to ensure that the products meet the 

178 TSCA section 601(a)(7) formaldehyde emission standards for products made with NAF-based 

179 resins. EPA does not propose reduced testing or exemptionsthe TSCA section 601(a)(10) 

180 formaldehyde emission standards for products made with ULEF resins. 

181 3. Costs and benefits. EPA has prepared an analysis of the potential costs and benefits 

182 associated with this rulemaking. This analysis is summarized in greater detail in Unit V.A. of this 

183 proposal. The following chartTable 1 provides a brief outline of the costs and benefits of this 

184 proposal: . The estimated costs of the proposed rule exceed the quantified benefits. There are 

185 additional unquantified benefits due to other avoided health effects. After assessing both the 
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186 costs and the benefits of the proposal, including the unquantified benefits, EPA has made a 

187 reasoned determination that the benefits of the proposal justify its costs.

188 

189 Table 1. Summary of Costs and Benefits of Proposal

Category Description 

Benefits This proposed rule will reduce exposures to formaldehyde, resulting in benefits from 

avoided adverse health effects. For the subset of health effects where the results were 

quantified, the estimated annualized benefits (due to avoided incidence of asthma, eye 

irritation, and nasopharyngeal cancer, and reduced female fertility) are $18420 million to 

$27848 million per year using a 3% discount rate, and $91 million to $13723 million per 

year using a 7% discount rate. There are additional unquantified benefits due to other 

avoided health effects. 

Costs The annualized costs of this proposed rule are estimated at $72 million to $81 million per 

year using a 3% discount rate, and $810 million to $89 million per year using a 7% discount 

rate. 

Effects on State, Local, 

and Tribal 

Governments 

Government entities are not expected to be subject to the rule’s requirements, which apply 

to entities that manufacture, fabricate, distribute, or sell composite wood products. The rule 

does not have a significant intergovernmental mandate, significant or unique effect on 

small governments, or have Federalism implications. 

Small Entity Impacts This rule would impact nearly 879,000 small businesses: over 851,000 have costs impacts 

less than 1% of revenues, over 23,000 firms have impacts between 1% and 3%, and over 

4,000 firms have impacts greater than 3% of revenues. Most firms with impacts over 1% 

have annualized costs of less than $250 per year. 

Environmental Justice 

and Protection of 

Children 

This rule increases the level of environmental protection for all affected populations without 

having any disproportionately high and adverse human health or environmental effects on 

any population, including any minority or low-income population or children. 

190 

191 B. What Action is the Agency Taking? 

192 EPA is proposing a rule to implement the emission standards and other provisions of the 

193 Formaldehyde Standards for Composite Wood Products Act, enacted as Title VI of Toxic 

194 Substances Control Act (TSCA), 15 U.S.C. 2697. This proposed rule would implement 

195 emissions standards established by TSCA Title VI for composite wood products sold, supplied, 

196 offered for sale, or manufactured in the United States. Pursuant to TSCA section 3(7), the 

197 definition of “manufacture” includes import. UnderAs required by Title VI, composite wood 

198 products are identified asthese regulations apply to hardwood plywood, medium-density 

199 fiberboard, and particleboard. TSCA Title VI also directs EPA to promulgate supplementary 

200 provisions to ensure compliance with the emissions standards, including testing requirements, 

201 laminated product provisions, provisions for products made with no-added formaldehyde (NAF) 
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202 resins or ultra-low emitting formaldehyde (ULEF) resins, product related to labeling

203 requirements,; chain of custody provisions for product compliance documentation, 

204 recordkeeping, product inventoryrequirements; sell-through dates, a product stockpiling 

205 prohibition, enforcement, and provisions; ultra low-emitting formaldehyde resins; no-added 

206 formaldehyde-based resins; finished goods; third-party testing and certification; auditing and 

207 reporting of third-party certifiers; recordkeeping; enforcement laminated products; and 

208 exceptions from the requirements of regulations promulgated pursuant to this subsection for 

209 products and components containing de minimis amounts of composite wood products. 

210 EPA previously issued a proposal on the third party certification provisions (the TPC 

211 Proposal) (Ref. 1). The TPC Proposal included provisions for the accreditation of third-party 

212 certifiers (TPCs) and general requirements for accreditation bodies and TPCs. 

213 The proposed requirements in this document are consistent, to the extent EPA deemed 

214 appropriate and practical, with the requirements currently in effect in California under a 

215 California Air Resources Board (CARB) Airborne Toxic Control Measure (ATCM) (Ref. 2). By 

216 aligning with the CARB ATCM requirements, EPA seeks to avoid differing or duplicative 

217 regulatory requirements that would result in an increased burden on the regulated community. 

218 C. What is the Agency's Authority for Taking this Action? 

219 This proposal is being issued under the authority of Section 601 of TSCA, 15 U.S.C. 

220 2697. 

221 D. Formaldehyde Sources and Health Effects 

222 Formaldehyde is a colorless, flammable gas at room temperature and has a strong odor. It 

223 is found in resins used in the manufacture of composite wood products (i.e., hardwood plywood, 

224 particleboard and medium-density fiberboard). It is also found in household products such as 
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225 glues, permanent press fabrics, carpets, antiseptics, medicines, cosmetics, dishwashing liquids, 

226 fabric softeners, shoe care agents, lacquers, plastics and paper product coatings. It is a by-product 

227 of combustion and certain other natural processes. Examples of sources of formaldehyde gas 

228 inside homes include cigarette smoke, unvented, fuel-burning appliances (e.g., gas stoves, 

229 kerosene space heaters), and composite wood products made using formaldehyde-based resins 

230 (Ref. 3). 

231 Formaldehyde is an irritant and the National Toxicology Program recently classified it as 

232 a known human carcinogen (Ref. 4). Depending on concentration, formaldehyde can cause eye, 

233 nose, and throat irritation, even when exposure is of relatively short duration. In the indoor 

234 environment, sensory reactions and various symptoms as a result of mucous membrane irritation 

235 are potential effects. There is also evidence that formaldehyde may be associated with changes 

236 in pulmonary function and increased risk of asthma in children (Ref. 3). , including respiratory 

237 symptoms. In addition, formaldehyde is a by-product of human metabolism, and thus 

238 endogenous levels are present in the body. 

239 In 1991, EPA classified formaldehyde as a probable human carcinogen, “based on limited 

240 evidence in humans, and sufficient evidence in animals,” and derived an inhalation unit risk 

241 factor for assessing formaldehyde cancer risk. The risk factor and supporting documentation is 

242 included in EPA’s Integrated Risk Information System (IRIS) assessment of formaldehyde (Ref. 

243 5). Formaldehyde is also listed under section 112(b)(1) of the Clean Air Act (CAA) as a 

244 hazardous air pollutant (HAP). The CAA requires EPA to regulate emissions of HAPs from a 

245 published list of industrial source categories. The EPA has developed lists of major and area 

246 source categories that must meet emission standards for HAPs and has developed (or is 

247 developing) standards for these source categories. The plywood and composite wood products 
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248 (PCWP) National Emission Standards for Hazardous Air Pollutants (NESHAP), codified at 40 

249 CFR part 63, subpart DDDD, first issued in 2004, is one of these standards. The PCWP 

250 NESHAP controls emissions of formaldehyde and other HAPs (primarily acetaldehyde, acrolein, 

251 methanol, phenol, and proprionaldehyde) from various process units (e.g., blenders, dryers, 

252 formers, board coolers, and presses) at PCWP facilities. 

253 In 2004, the EPA determined that unit risk derived from the Chemical Industry Institute 

254 of Toxicology (CIIT; CIIT 1999) biologically-based cancer dose-response modeling of 

formaldehyde-induced respiratory cancer (5.5 x 10-9 per micrograms per cubic meter (μg/m3 255 )) 

256 better reflected the current state of the science than the 1991 IRIS cancer unit risk. The authors of 

257 the CIIT modeling (Conolly et al. 2004) presented their risk estimates as values more 

258 conservative than their maximum likelihood estimates, and as “conservative in the face of 

259 modeling uncertainties.” Consequently, EPA used the CIIT value in risk assessments supporting 

260 regulatory actions developed under the authority of the Clean Air Act. For example, in the 2006 

261 rulemaking that reconsidered the PCWP NESHAP, OAR stated “[i]n the case of formaldehyde, 

262 we have determined that the cancer potency derived using the approach developed by CIIT, 

263 which has been peer reviewed by an external review panel sponsored by EPA and the Canadian 

264 government, represents an appropriate alternative to EPA’s current IRIS URE [unit risk estimate] 

265 for formaldehyde. Therefore, this potency represents the best available peer-reviewed science at 

266 this time.” (Ref. 6, p. 8348). However, subsequent research published by the EPA suggests that 

267 the CIIT model was not appropriate and was very sensitive to unmeasured parameters such that 

268 very different estimates, including the 1991 IRIS assessment values, were consistent with the 

269 available scientific data. Because the CIIT values do not reflect the extent of uncertainty in 

270 estimates using the data that are available, EPA has decided that those estimates do not reflect 
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271 the broad range of possible risk and that the data are not supportive of interpreting 5.5 X 10-9 per 

μg/m3 272 as providing a health-protective estimate of human risk. Furthermore, the 1991 IRIS 

273 assessment values are consistent with unit risks estimated by Schlosser et al. (2003) based on 

274 Benchmark Dose modeling of the best available data at the time. In addition, the CIIT values do 

275 not address the potential risk of increased leukemias or lymphomas. Thus, in 2010, EPA returned 

to using the Agency’s current value on IRIS, 1.3 X 10-5 per μg/m3 276 , which was last revised in 

277 1991 as better reflecting the current state of the science as to the potential human cancer risk of 

278 exposure to formaldehyde (Ref. 7). 

279 The IRIS program in EPA’s Office of Research and Development (ORD) recently 

280 completed a draft assessment of the potential cancer and non-cancer health effects that may 

281 result from chronic exposure to formaldehyde by inhalation (Ref. 8). This draft IRIS assessment 

282 was peer reviewed by the National Research Council of the National Academy of Sciences 

283 (NASNRC) with its review of the EPA’s draft assessment completed in April of 2011 (Ref. 9). 

284 The EPA will fully address all the NASNRC recommendations on formaldehyde. The draft 

285 formaldehyde IRIS assessment will be revised in response to the NASNRC peer review and 

286 public comments, and the final assessment will be posted on the IRIS website. In the interim, we 

287 will present findings using the 1991 IRIS value as a primary estimate, and may also consider 

288 other information as the science evolves. In addition, EPA developed concentration-response 

289 functions to estimate the impact of exposure to formaldehyde on eye irritation, asthma, and 

290 female reproductive toxicity for use in the non-cancer benefits assessment to support this rule. , 

291 and proposes additional analysis to address respiratory symptoms and other potential adverse 

292 effects. The derivation of these concentration-response functions, uncertainties, and EPA’s 

293 proposed approach for using the concentration-response functions in the benefits assessment 
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294 were externally peer reviewed in 2011 (Ref. 10). While the economic analysis of cancer benefits 

295 is based on the unit risk, which is a reasonable upper bound on the central estimate of risk, the 

296 non-cancer benefits were evaluated using the estimated concentration-response functions which 

297 reflect the central effect estimates rather than upper bounds. 

298 E. History of this Rulemaking 

299 1. Overview of the CARB ATCM. In 2007, CARB issued an ATCM to reduce 

300 formaldehyde emissions from hardwood plywood, medium-density fiberboard, and 

301 particleboard, products referred to collectively as composite wood products. The CARB ATCM 

302 was approved on April 18, 2008, by the California Office of Administrative Law and the first 

303 emission standards took effect on January 1, 2009. The CARB ATCM requires manufacturers to 

304 meet formaldehyde emission standards for the covered composite wood products that are sold, 

305 offered for sale, supplied, or manufactured for use in California. The CARB ATCM also requires 

306 that compliant composite wood products be used in finished goods sold, offered for sale, 

307 supplied or manufactured for sale in California. The CARB ATCM does not apply to hardwood 

308 plywood and particleboard materials when installed in manufactured homes subject to 

309 regulations promulgated by the United States Department of Housing and Urban Development 

310 (HUD). 

311 The CARB ATCM Phase 1 emission standards for hardwood plywood veneer core, 

312 particleboard, and medium-density fiberboard took effect on January 1, 2009. The Phase 1 

313 standard for hardwood plywood composite core took effect on July 1, 2009. The more stringent 

314 Phase 2 standards first took effect on January 1, 2010, for hardwood plywood veneer core. 

315 Phase 2 standards for medium-density fiberboard and particleboard took effect on January 1, 

316 2011. The final, the Phase 2 standards to take effect under the CARB ATCM arestandard for 
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317 thin medium density fiberboard took effect on January 1, 2012, and the Phase 2 standard for 

318 hardwood plywood composite core, which begins took effect on July 1, 2012. 

319 The CARB ATCM requires manufacturers of the regulated composite wood products to 

320 demonstrate compliance with the emission standards by having their emissions tests and quality 

321 control processes certified by a TPC. TPCs must be approved by CARB and must follow 

322 specified requirements to verify that a manufacturer’s production meets applicable formaldehyde 

323 emission standards and that the manufacturers follow prescribed quality control practices. Once 

324 approved by CARB, manufacturers who use NAF resin systems are exempted from ongoing 

325 testing requirements after three months of successful testing in cooperation with a TPC. 

326 Manufacturers who use ULEF resin systems may be approved by CARB to reduce the frequency 

327 of ongoing testing or, if they meet more stringent emissions requirements, may be exempted 

328 from ongoing testing requirements for two years. The exemption based on ULEF resin is granted 

329 after approval by CARB and six months of testing in cooperation with a TPC. Manufacturers 

330 who receive exemptions based on NAF or ULEF resin can reapply every two years for the 

331 exemption from TPC oversight and formaldehyde emissions testing by submitting the chemical 

332 formulation of the resin and the results of at least one primary or secondary method test for each 

333 product type (based on a panel or set of panels randomly selected and tested by a TPC). 

334 Under the CARB ATCM, manufacturers of composite wood products are required to 

335 label their covered products to identify them as meeting either the Phase 1 or Phase 2 emission 

336 standards, or as being made with either NAF or ULEF resins. Manufacturers must also include a 

337 statement of compliance on the bill of lading or invoice for the composite wood product. The 

338 CARB ATCM also imposes recordkeeping requirements on manufacturers to document their 

339 compliance with the regulations, and the records must be kept for 2 years. 
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340 The CARB ATCM requires distributors, importers, fabricators, and retailers to purchase 

341 and sell panels and finished goods that comply with the applicable formaldehyde emission 

342 standards. They must take “reasonable prudent precautions,” such as communicating with their 

343 suppliers, to ensure that the products they purchase are in compliance with the applicable 

344 emission standards. Like manufacturers, distributors and importers must also provide a statement 

345 of compliance on the composite wood or finished good product bill of lading or invoice. Like 

346 manufacturers, distributors, importers, fabricators and retailers must also maintain records 

347 documenting compliance for a period of 2 years. Importers and fabricators must label their 

348 finished goods as compliant with the applicable standards. The labeling requirement also applies 

349 to distributors if the product is in some way modified. One example of a modification that would 

350 make a distributor subject to the labeling requirement is if the distributor receives composite 

351 wood product panels, cuts them into different shapes or sizes, and applies edge banding to them. 

352 More information on the specific requirements of the CARB ATCM and the relationship 

353 between the CARB ATCM and this proposal is presented in Unit III. of this preamble. 

354 2. TSCA section 21 petition. On March 24, 2008, 25 organizations and approximately 

355 5,000 individuals petitioned EPA under section 21 of TSCA to use its authority under section 6 

356 of TSCA to adopt the CARB ATCM nationally. The petitioners asked EPA to assess and reduce 

357 the risks posed by formaldehyde emitted from hardwood plywood, particleboard, and medium358 density fiberboard by exercising its authority under TSCA section 6 to adopt and apply 

359 nationwide the CARB formaldehyde emissions regulation for these composite wood products. In 

360 addition, petitioners requested EPA to extend this regulation to include composite wood products 

361 used in manufactured homes. 

362 On June 27, 2008, EPA issued a Federal Register notice explaining the Agency’s 
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363 decision to grant in part and deny in part the petitioners’ request (Ref. 11). EPA denied the 

364 petitioners’ request to immediately pursue a TSCA section 6 rulemaking, stating that the 

365 available information at the time was insufficient to support an evaluation of whether 

366 formaldehyde emitted from hardwood plywood, particleboard, and medium-density fiberboard 

367 presents or will present an unreasonable risk to human health (including cancer and non-cancer 

368 endpoints) under TSCA section 6. As discussed in detail in the Federal Register notice 

369 announcing EPA’s response to the petition, EPA’s evaluation of the data provided by the 

370 petitioners revealed significant information gaps that would have needed to be filled to support 

371 an evaluation of whether use of formaldehyde in these products presents or will present an 

372 unreasonable risk under TSCA section 6. However, EPA did agree to initiate a proceeding to 

373 investigate whether and what type of regulatory or other action might be appropriate to protect 

374 against risks posed by formaldehyde emitted from pressed wood products. 

375 Accordingly, on December 3, 2008, EPA issued an Advance Notice of Proposed 

376 Rulemaking (ANPR) that announced EPA’s intention to investigate whether and what regulatory 

377 or other action might be appropriate to protect against risks posed by formaldehyde emitted from 

378 the products covered by the CARB ATCM as well as other pressed wood products. To help 

379 inform EPA’s decision on the best ways to address risks posed by formaldehyde emissions from 

380 pressed wood products, the Agency requested public comments and held six half-day public 

381 meetings in Research Triangle Park, NC; Portland, OR; Chicago, IL; Dallas, TX; Washington, 

382 DC; and New Orleans, LA. These meetings took place January through March of 2009. EPA 

383 received and reviewed comments submitted during the ANPR comment period which can be 

384 found at regulations.gov under docket number EPA-HQ-OPPT-2008-0627. 

385 3. The Formaldehyde Standards for Composite Wood Products Act. On July 7, 2010, 
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386 President Obama signed into law the Formaldehyde Standards for Composite Wood Products 

387 Act, or Title VI of TSCA, 15 U.S.C. 2697. The statute establishes formaldehyde emission 

388 standards that are identical to the CARB ATCM Phase 2 standards for hardwood plywood, 

389 medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured in 

390 the United States and directs EPA to issue final implementing regulations by January 1, 2013. 

391 Pursuant to TSCA section 3(7), the definition of “manufacture” includes import. TSCA Title VI 

392 does not give EPA the authority to raise or lower the established emission standards, and EPA 

393 must promulgate the implementing regulations in a manner that ensures compliance with the 

394 standards. Congress directed EPA to consider a number of elements for inclusion in the 

395 implementing regulations, many of which are aspects of the CARB program. These elements 

396 include: (A) labeling, (B) chain of custody requirements, (C) sell-through provisions, (D) ultra 

397 low-emitting formaldehyde resins, (E) no-added formaldehyde-based resins, (F) finished goods, 

398 (G) third-party testing and certification, (H) auditing and reporting of TPCs, (I) recordkeeping, 

399 (J) enforcement, (K) laminated products, and (L) exceptions from the requirements of regulations 

400 promulgated for products and components containing de minimis amounts of composite wood 

401 products. 

402 III. Provisions of this Proposed Rule 

403 

404 A. Scope and Applicability

405 Pursuant to TSCA Title VI, this proposed regulation would generally cover entities that 

406 manufacture (including import), supply, sell, or offer for sale hardwood plywood, medium407 density fiberboard, and particleboard in the United States, whether in the form of a panel or 

408 incorporated into a finished good. 

409 1. Hardwood plywood. a. General definition. The statute defines the term “hardwood 
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410 plywood” as a hardwood or decorative panel that is intended for interior use and composed of an 

411 assembly of layers or plies of veneer joined by an adhesive with a lumber, particleboard, 

412 medium-density fiberboard (MDF), or hardboard core or any other special core or back material. 

413 The statutory definition also references a voluntary consensus standard for hardwood plywood, 

414 American National Standards Institute/Hardwood Plywood and Veneer Association HP-1-2009 

415 (ANSI/HPVA HP-1) (Ref. 12). The statutory definition also describes four specific exclusions 

416 from the term: military-specified plywood, curved plywood, structural plywood, and wood417 based structural-use panels. The latter two are described by reference to voluntary consensus 

418 standards (Refs. 13, 14). EPA is proposing to incorporate the basic statutory definition of 

419 hardwood plywood and the statutory exclusions into the regulation with one modification. 

420 Although the statutory definition of hardwood plywood does not specifically mention hardwood 

421 plywood made with a veneer core, TSCA section 601(b)(2)(A) establishes a formaldehyde 

422 emission standard for hardwood plywood with a veneer core. Therefore, in order to avoid any 

423 potential confusion about whether hardwood plywood made with a veneer core is covered by the 

424 regulations, EPA proposes to add “veneer core” to the list of cores in the definition of hardwood 

425 plywood. 

426 As part of this rulemaking, EPA convened a Small Business Advocacy Review (SBAR) 

427 Panel. More information on the Panel process, including the final report of the Panel, is 

428 discussed in Unit V. of this preamble. The SBAR Panel made several recommendations on 

429 definitions associated with the definition of hardwood plywood (Ref. 15). The definition of the 

430 term in TSCA Title VI, and as proposed in this rulemaking, only includes products that are 

431 “panels.” Therefore, only hardwood plywood panels would be required to be tested and 

432 certified. The SBAR Panel recommended that EPA reduce uncertainty in the regulated 
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433 community by clearly defining “panel” in a way that is based on the intent of the statute, and 

434 considers trade usage and the limitations of current test methods. EPA is proposing to define 

435 panel as a flat or raised, rectangular piece of composite wood. The word “rectangular” in this 

436 proposed definition is intended to encompass square pieces of composite wood as well. Raised 

437 panels (e.g., raised panel cabinet doors) are specifically included in this proposed definition 

438 because they can be produced using a similar manufacturing procedure as flat panels, and have a 

439 similar potential to emit formaldehyde. EPA requests comment on test method limitations and 

440 the extent to which they should affect the definition of the term “panel.” 

441 EPA is also proposing a definition of “intended for interior use.” Under TSCA Title VI, 

442 in order for a product to be regulated as hardwood plywood, it must be intended for interior use. 

443 The SBAR Panel recommended that EPA develop a clear definition for “interior use” in order to 

444 eliminate potential confusion in the regulated community. The Panel further recommended that 

445 the definition be based on the intent of the statute and with consideration of how the hardwood 

446 plywood is likely to be used and stored once incorporated into a finished good. EPA recognizes 

447 that the primary purpose of TSCA Title VI is to reduce formaldehyde emissions from composite 

448 wood products inside buildings and similar living areas, such as trailers and recreational 

449 vehicles. This is in contrast to other regulations, such as the PCWP NESHAP, which is designed 

450 to reduce emissions from buildings and other facilities. Therefore, EPA is proposing to define 

451 the phrase “intended for interior use.” When applied to products, the phrase would mean 

452 intended for use or storage inside a building or recreational vehicle, or constructed in such a way 

453 that it is not suitable for long term use in a location exposed to the elements. 

454 b. Laminated products. For the purposes of TSCA Title VI, laminated products are a 

455 subset of hardwood plywood. The statute defines laminated product as a product made by 
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456 affixing a wood veneer to a particleboard, MDF, or veneer-core platform. The statutory 

457 definition further provides that laminated products are component parts used in the construction 

458 or assembly of a finished good, and that a laminated product is produced by the manufacturer or 

459 fabricator of the finished good in which the product is incorporated. Congress granted EPA the 

460 authority to modify the statutory definition of laminated product through rulemaking. (TSCA 

461 section 601(a)(3)(C)(i)(II)). EPA is also directed to use all available and relevant information to 

462 determine whether the definition of hardwood plywood should exempt engineered veneer or any 

463 laminated product. As discussed in this Unit, EPA is proposing to exempt some, but not all, 

464 laminated products from the definition of hardwood plywood. EPA is further proposing to delete 

465 from the definition of laminated product the provision that limits applicability to producers of 

466 finished goods. 

467 i. CARB ATCM. The CARB ATCM defines laminated product as a finished good or 

468 component part of a finished good made by a fabricator in which a laminate or laminates are 

469 affixed to a platform. Under this definition, if the platform consists of a composite wood 

470 product, the platform must comply with the applicable emission standards. The CARB ATCM 

471 defines fabricator as any person who uses composite wood products to make finished goods, 

472 including producers of laminated products. Laminate is defined under the CARB ATCM as a 

473 veneer or other material affixed as a decorative surface to a platform. Under the CARB ATCM, 

474 fabricators or laminated product manufacturers have different requirements compared with 

475 requirements for manufacturers of composite wood products. In particular, fabricators do not 

476 need to conduct formaldehyde emissions testing or comply with TPC certification requirements; 

477 instead, fabricators need to ensure that they are using compliant composite wood products 

478 through recordkeeping and labeling. 
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479 Under the CARB ATCM, a facility that affixes wood veneers to purchased cores or 

480 platforms and then sells the panels (often referred to as a 3-ply mill) is considered a regulated 

481 hardwood plywood manufacturer. In addition, a facility that manufactures its own platforms or 

482 cores and attaches decorative face and back veneers is a regulated hardwood plywood 

483 manufacturer, whether or not the facility sells the resulting hardwood plywood panels or uses 

484 those panels to make a finished good. However, CARB considers a facility that affixes veneers 

485 to purchased platforms and then uses the panels to make a finished good to be a fabricator or 

486 laminated product manufacturer. For example, a cabinet manufacturer who affixes veneers to 

487 purchased composite wood platforms and then cuts the panels and assembles them into cabinets 

488 would be a fabricator or laminated product manufacturer. In addition, CARB considers a facility 

489 that produces architectural plywood or custom panels to be a fabricator or laminated product 

490 manufacturer. 

491 ii. Other background information on laminated products. The statute includes laminated 

492 products within the definition of hardwood plywood unless EPA specifically exempts them 

493 through rulemaking. The provision authorizing EPA to exempt any laminated products, TSCA 

494 section 601(a)(3)(C), directs EPA to consider all available and relevant information on the topic 

495 in a rulemaking under TSCA section 601(d). Section 601(d) requires EPA to promulgate 

496 regulations to implement the formaldehyde emission standards of TSCA Title VI in a manner 

497 that ensures compliance with the emission standards. 

498 In determining whether to exempt any laminated products, EPA analyzed available 

499 information on formaldehyde emissions. A 2003 Composite Panel Association (CPA) technical 

500 bulletin presents information on formaldehyde emission reductions resulting from the application 

501 of different types of laminates (e.g., vinyl, paper, melamine, polyethylene) and coatings (e.g., 
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502 acrylate, acrylic, polyurethane) (Ref. 16). According to the bulletin, documented emission 

503 reductions ranged from approximately 50% to 95% compared with unlaminated or uncoated 

504 products. However, the technical bulletin does not present emission reduction data for wood 

505 veneer laminates. The bulletin notes that wood veneer laminates have been shown to be 

506 effective barriers for some volatile organic compounds (VOCs) but have only low to moderate 

507 effectiveness as a barrier for formaldehyde, depending on the type of wood veneer used. This 

508 may be related to the porosity of the wood veneer, since according to the technical bulletin, the 

509 effectiveness of an emission barrier is determined by its basic permeability or porosity, as well as 

510 the integrity of the laminate or coating. Some woods are more porous than others. In addition, 

511 the technical bulletin points out that wood veneers are frequently applied to particleboard and 

512 MDF using urea-formaldehyde adhesives, and these adhesives create the potential for another 

513 source of formaldehyde emissions. EPA requests comments, information, and data on the 

514 formaldehyde emissions of wood veneered laminated products, particularly relative to the 

515 emissions of comparable hardwood plywood products that are not considered laminated products 

516 under the CARB ATCM. 

517 As directed by the statute, EPA evaluated other available and relevant information. Some 

518 of this information came to EPA through the SBAR Panel process, particularly through the 

519 advice and recommendations of the Small Entity Representatives (SERs) to the SBAR Panel. 

520 Several SERs submitted oral or written comments on potential provisions for laminated products 

521 under TSCA Title VI. One SER argued that laminators add only about 1/10th the resin a 

522 platform manufacturer adds (e.g., 1.1 pounds of resin per panel to attach the veneer versus 9.6 

523 total pounds resin per panel) and that laminators use a minor, if not de minimis, amount of urea524 formaldehyde resin (Ref. 15). Furthermore, this SER stated that laminators using NAF resins 
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525 would not add at all to the formaldehyde emissions from the product (Ref. 15), but did not 

526 provide data supporting this assertion. Multiple SERs noted that if laminators are regulated 

527 under TSCA Title VI, they would be paying for their products to be certified twice (Ref. 15). 

528 According to these SERs, the composite wood platform manufacturer would pay for certification 

529 of the platform and pass that cost along to the laminator who purchases the platform. If the 

530 laminator is also regulated under TSCA Title VI, such that the laminator would have to have its 

531 product certified again after the veneer is attached, then the laminated product would have two 

532 certifications, one for the composite wood platform and one for the final product. These SERs 

533 contended that this would put them at a distinct disadvantage with respect to manufacturers who 

534 make the entire product in-house and therefore have only one certification for the final product. 

535 Another SER commented that if laminated products were regulated as hardwood plywood, it 

536 could be costly and burdensome to thousands of small cabinet makers that laminate on a kitchen537 by-kitchen basis (Ref. 15). Several SERs suggested that many laminators laminate component 

538 parts, not panels. In particular, it was suggested that the “raised panel doors” that are used on 

539 some cabinets do not meet the definition of a hardwood plywood panel under the ANSI/HPVA 

540 HP-1 standard. Several SERs provided suggestions to EPA on which laminators should be 

541 exempted by rule; these included laminators not using urea-formaldehyde, laminators using a 

542 certified composite wood platform or core, and cabinetmakers producing less than 10 million 

543 square feet of laminated product. One SER specifically suggested that EPA exempt from the 

544 third-party certification and testing requirements those laminators that certify that they use NAF 

545 resins to attach veneers to compliant cores or otherwise include a statement of compliance under 

546 penalty of perjury (Ref. 15). Many small manufacturers of laminated products have contended 

547 that the testing requirements would be extremely burdensome for them if they are required to test 
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548 each product type because many of the smaller manufacturers and custom manufacturers produce 

549 many different product types, often made to order. 

550 In contrast, the Hardwood Plywood and Veneer Association (HPVA) informed EPA both 

551 orally and in written comments submitted in response to EPA’s 2008 ANPR that it considers the 

552 CARB ATCM provision for fabricators to be a “giant loophole” for certain hardwood plywood 

553 manufacturers (Ref. 17). HPVA’s comments state that “[t]he emission standards must apply to 

554 any and all hardwood plywood irrespective of who manufactures the hardwood plywood. CARB 

555 arbitrarily differentiates between a primary hardwood plywood manufacturer and a ‘fabricator’ 

556 who also manufactures hardwood plywood but is exempt from having to certify the hardwood 

557 plywood they manufacture” (Ref. 17). HPVA also contends that the processes that fabricators 

558 and manufacturers of hardwood plywood use to lay up the veneers or press the face and back 

559 onto a core or platform are identical as are the hardwood plywood panels that they produce. 

560 iii. Proposed exemption for laminated products. Because of the potential for increased 

561 formaldehyde emissions from attaching a wood veneer to a platform, and because the final 

562 laminated product can be indistinguishable from other products that are considered hardwood 

563 plywood, EPA proposes to conclude that there is an insufficient basis to categorically exempt all 

564 laminated products from the definition of hardwood plywood based on information currently 

565 available to EPA. Accordingly, EPA is proposing to exempt laminated products in which a 

566 wood veneer is attached to a compliant and certified platform using a NAF resin. EPA believes 

567 the proposed exemption would be consistent with the statutory directive to promulgate 

568 regulations in a manner that ensures compliance with the formaldehyde emission standards. If 

569 the laminated product is made from a veneer core platform that is certified as meeting the 

570 emission standards for hardwood plywood, and a veneer that is attached with a NAF resin, it is 
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571 very unlikely that the laminated product would exceed the hardwood plywood standards. If the 

572 laminated product is made from a particleboard or MDF platform that is certified as meeting the 

573 applicable emission standards, and a veneer that is attached with a NAF resin, the final laminated 

574 product may not meet the hardwood plywood standard, but it is very unlikely that it would 

575 exceed the applicable particleboard or MDF emission standard. EPA interprets its statutory 

576 authority with respect to laminated products to give EPA the discretion to exempt laminated 

577 products from the definition of hardwood plywood if EPA has reasonable assurance that the 

578 exempted products would comply with the emission standards in TSCA section 601(b)(2) for the 

579 relevant platform. EPA believes that the proposed exemption is responsive to comments from 

580 SERs and other affected entities and that it is a reasonable approach to addressing policy 

581 inequities between entities making similar products. EPA also believes that the proposed 

582 exemption is protective of public health, because most laminated products made by attaching 

583 veneers with NAF resins to compliant platforms would meet the emission standards for 

584 hardwood plywood, and all would comply with the standards for MDF or particleboard. EPA 

585 specifically requests comments, information, and data relating to the proposed exemption. 

586 To qualify for this exemption, laminated product producers would be required to 

587 maintain records demonstrating that they are using compliant platforms and NAF resins. These 

588 records could include records of purchases of NAF resins and of compliant, certified platforms, 

589 or, if the resins or platforms are made in-house, records demonstrating that the platforms have 

590 been certified by an accredited TPC and records demonstrating the production of NAF resins. 

591 The statute defines the term “laminated product” as a product in which a wood veneer is 

592 affixed to a particleboard platform, a medium-density fiberboard platform, or a veneer-core 

593 platform, and that is a component part used in the construction or assembly of a finished good. 
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594 The statute further defines a laminated product as being produced by the manufacturer or 

595 fabricator of the finished good in which the product is incorporated. EPA is proposing a 

596 definition of laminated product that is based on the statutory definition with several 

597 modifications. First, EPA is proposing to include not only wood veneers, but also woody grass 

598 veneers (e.g. bamboo). Woody grass veneers are similar to wood veneers in that they can be 

599 porous and therefore not effective barriers to formaldehyde emissions, and they can be affixed to 

600 cores and platforms using urea-formaldehyde resins. In addition, including woody grass veneers 

601 is consistent with the definition of hardwood plywood in the ANSI/HPVA HP-1 standard, which 

602 specifies that “–the decorative face veneer is made from a hardwood or softwood species or 

603 woody grass.” To ensure greater clarity in the regulatory provisions on this specific issue, EPA 

604 is proposing to include a definition of veneer that is based on the ANSI/HPVA HP-1 standard, 

605 but also refers to woody grasses and their specific structure. EPA is proposing to define veneer 

606 as a thin sheet of wood or woody grass that is rotary cut, sliced, or sawed from a log, bolt, flitch, 

607 block, or culm. EPA is also proposing to define woody grass as a plant of the family Poaceae

608 (formerly Gramineae) with hard lignified tissues or woody parts. EPA requests comment on 

609 these definitions and whether they are consistent with industry usage. 

610 EPA’s proposed definition would not include a provision stating that a laminated product 

611 is produced by the manufacturer or fabricator of the finished good in which the product is 

612 incorporated. EPA does not believe that the application of the third-party certification and 

613 testing requirements under TSCA Title VI should differ depending on the identity of the product 

614 manufacturer. If the applicability limitation is retained, an entity that purchases certified 

615 particleboard or MDF panels, cuts and otherwise prepares them for future use as kitchen cabinet 

616 doors, attaches a hardwood veneer using a NAF resin, and then sells them to a kitchen cabinet 
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617 manufacturer would not be considered a laminated product manufacturer and would not qualify 

618 for the proposed exemption from the definition of hardwood plywood. The door producer would 

619 then have to comply with the third party certification and testing requirements applicable to 

620 hardwood plywood manufacturers. In contrast, still under a scenario where the applicability 

621 limitation is retained, if the entity also produced the kitchen cabinets, considered a finished good 

622 under the statute, then the entity would be a laminated product manufacturer and would be 

623 exempt from the proposed testing and certification requirements. EPA has no reason to believe 

624 that the formaldehyde emissions from the cabinet doors would differ depending on who makes 

625 the door. It may be that entities that produce the entire finished good in-house are smaller than 

626 entities that only produce part of the good, such as cabinet doors, and thus it would be 

627 significantly more burdensome for them to have to comply with the certification and testing 

628 provisions of this proposal. However, EPA has no evidence that this is the case. In addition, if 

629 the emissions from the products are the same, EPA does not currently perceive a reason that 

630 justifies additional testing, regardless of the size of the entity making the product. Considering 

631 these factors, EPA’s proposed definition of laminated product does not include a provision 

632 limiting applicability to the manufacturer or fabricator of the finished good in which the product 

633 is incorporated. EPA specifically requests comments, information, and data on this aspect of the 

634 proposed definition of laminated product. 

635 In addition, to provide additional clarity for the regulated community and the public on 

636 the applicability of this regulation, EPA is proposing to define “component part,” a term used in 

637 the definition of “laminated product,” as a part that contains one or more composite wood 

638 products and is used in the assembly of finished goods. EPA is also proposing to define 
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639 “fabricator” as an entity that incorporates composite wood products into component parts or into 

640 finished goods. 

641 TSCA Title VI also directs EPA to determine whether the definition of hardwood 

642 plywood should exempt engineered veneer. EPA interprets the phrase “assembly of layers or 

643 plies of veneer” in the definition of hardwood plywood to include engineered veneer. EPA 

644 understands engineered veneer to be a veneer that is created by dyeing and gluing together 

645 veneer leaves in a mold to produce a block. The block is then sliced into leaves of veneer with a 

646 designed appearance that is highly repeatable. EPA also understands that engineered veneer is 

647 often made using urea-formaldehyde resin, and EPA expects that engineered veneer made with 

648 urea-formaldehyde resin will have formaldehyde emission rates that are similar to other 

649 composite wood products made with urea-formaldehyde resin. EPA has not identified any 

650 information justifying an exemption for engineered veneer, so this proposal does not include 

651 such an exemption. 

652 2. Particleboard and medium-density fiberboard. The statute defines the term 

653 “particleboard” as a panel composed of cellulosic material in the form of discrete particles (as 

654 distinguished from fibers, flakes, or strands) that are pressed together with resin, as determined 

655 under the voluntary consensus standard ANSI A208.1–2009 (Ref. 18). The statute further 

656 excludes products specified in the “Voluntary Product Standard—Performance Standard for 

657 Wood-Based Structural-Use Panels” (Ref. 14). EPA is proposing to incorporate the statutory 

658 definition of particleboard into the implementing regulations without change. 

659 The statute defines the term “medium-density fiberboard” as a panel composed of 

660 cellulosic fibers made by dry forming and pressing a resinated fiber mat, as determined under the 

661 voluntary consensus standard ANSI A208.2–2009 (Ref. 19). EPA is proposing to incorporate 
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662 the statutory definition of medium-density fiberboard without change. This proposed rule also 

663 includes a separate definition for a related term, thin medium-density fiberboard. The statute 

664 provides for a slightly-higher formaldehyde emission standard for thin medium-density 

665 fiberboard, 0.13 ppm, than it does for regular medium-density fiberboard, 0.11 ppm. CARB 

666 defines thin medium-density fiberboard as medium density fiberboard that has a maximum 

667 thickness of eight millimeters. The voluntary consensus standard for medium-density 

668 fiberboard, ANSI A208.2–2009 (Medium Density Fiberboard (MDF) For Interior Applications), 

669 defines thin medium-density fiberboard as medium-density fiberboard with a thickness less than 

670 or equal to 8 millimeters or 0.315 inches (Ref. 19). EPA is proposing to use the same definition 

671 as the voluntary consensus standard because it is consistent with CARB and EPA believes that it 

672 reflects the common industry understanding of the term. 

673 3. Statutory exemptions. TSCA section 601(c) exempts a number of products from the 

674 formaldehyde emission standards for composite wood products. These exemptions include, but 

675 are not limited to, hardboard, structural plywood, structural panels, oriented strandboard, glued 

676 laminated lumber, prefabricated wood I-joists, finger-jointed lumber, wood packaging, 

677 composite wood products used inside new vehicles other than recreational vehicles, windows 

678 that contain less than five percent by volume of composite wood products, exterior doors and 

679 garage doors that contain less than three percent by volume of composite wood products, and 

680 exterior and garage doors that are made with NAF-based or ULEF-based resins. EPA proposes 

681 to incorporate these exemptions into the implementing regulations without modification. 

682 The statute exempts any finished good that has previously been sold or supplied to an 

683 individual or entity that purchased or acquired the finished good in good faith for purposes other 

684 than resale. The statute provides two examples: antiques and secondhand furniture. EPA’s 
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685 interpretation of this exemption is such that once a finished good, such as a piece of furniture, is 

686 sold to an end user, the piece of furniture is no longer subject to TSCA Title VI. Thus, dealers in 

687 secondhand furniture would not have any obligations under this proposed rule. 

688 With respect to exterior and garage doors made with NAF-based or ULEF-based resins, 

689 these resin types are defined elsewhere in the statute, with reference to both the composition of 

690 the resin and the formaldehyde emissions of composite wood products made with the resin. EPA 

691 interprets these statutory provisions to mean that, in order to be eligible for this exemption, 

692 exterior and garage doors must comply with the emission standards contained in the statutory 

693 definitions of NAF-based resins and ULEF-based resins, as measured by the testing described in 

694 the statutory definitions. However, EPA is not proposing to require that manufacturers, 

695 fabricators, distributors, or retailers of these doors comply with the third-party certification, 

696 recordkeeping, or labeling provisions of the TSCA Title VI implementing regulations. EPA 

697 requests comments on whether any additional clarifications are needed, or whether 

698 manufacturers, fabricators, distributors, or retailers of such doors should be required to comply 

699 with any of the provisions of the TSCA Title VI implementing regulations. For example, should 

700 manufacturers of these doors be required to maintain records to demonstrate that they are 

701 purchasing or manufacturing NAF-based or ULEF-based resins or composite wood products 

702 made with NAF-based or ULEF-based resins and that the required testing has been conducted? 

703 While many of the exemptions are defined within the text of the exemption itself, by 

704 reference to an applicable voluntary consensus standard or other parameter, hardboard is not so 

705 defined. Rather, TSCA Title VI provides that “the term ‘hardboard’ has such meaning as the 

706 Administrator shall establish, by regulation pursuant to subsection (d).” 
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707 Under the CARB ATCM, hardboard is defined as “a composite panel composed of 

708 cellulosic fibers, made by dry or wet forming and hot pressing of a fiber mat with or without 

709 resins, that complies with one of the following ANSI standards: ‘Basic Hardboard’ (ANSI 

710 A135.4-2004), ‘Prefinished Hardboard Paneling’ (ANSI A135.5-2004), or ‘Hardboard Siding’ 

711 (ANSI A135.6- 2006)” (Refs. 20-22). The CARB ATCM further excludes hardboard from the 

712 definition of composite wood product. Accordingly, hardboard is not subject to the emission 

713 standards in the CARB ATCM. 

714 EPA understands that the definition of hardboard is beinghas been recently reevaluated 

715 by industry in the context of a pending revision to the voluntary consensus standard for basic 

716 hardboard, ANSI A135.4 (Ref. 20). EPA was informed that final approval of revisions to ANSI 

717 A135.4, along with revisions to the prefinished hardboard paneling standard, ANSI A135.5 and 

718 the hardboard siding standard, ANSI A135.6, arewould be anticipated by the end of 2011 (Refs. 

719 20-22). 

720 The Composite Panel Association, sponsor of the ANSI standard, also informed EPA in 

721 its comments to the SBAR Panel that the Association intendsintended to vote on a proposed 

722 revision to ANSI A135.4 that includesincluded the following definition: 

723 Hardboard is a panel manufactured primarily from inter-felted lignocellulosic fibers 

consolidated under heat and pressure in a hot press to a density of 500 kg/m3

 (31 lbs/ft3 724 ) 

725 or greater by: 

726 (A) a wet process, or 

727 (B) a dry process that uses: 

728 (a) a phenolic resin, or 
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729 (b) a resin system in which there is no added formaldehyde as part of the resin 

730 cross-linking structure. 

731 Other materials may be added to improve certain properties, such as stiffness, hardness, 

732 finishing properties, resistance to abrasion and moisture, as well as to increase strength, 

733 durability, and utility. (Ref. 15) 

734 EPA is concerned that, because hardboard and thin medium-density fiberboard share 

735 similar appearances and end uses, a broad definition of hardboard could lead to thin medium736 density fiberboard being erroneously categorized as hardboard and exempted from the emission 

737 standards. This is contrary to the clear intent of TSCA Title VI which specifically includes an 

738 emissions standard for thin medium-density fiberboard. EPA believes that the definition in the 

739 proposed ANSI revision, quoted above, would address this concern. Accordingly, EPA is 

740 proposing to base its definition of hardboard on the proposed revisions to ANSI A135.4this 

741 definition. EPA’s proposal defines hardboard as a panel composed of cellulosic fibers made by 

742 dry or wet forming and hot pressing of a fiber mat, either without resins, or with a phenolic resin 

743 (e.g., a phenol-formaldehyde resin) or a resin system in which there is no added formaldehyde as 

744 part of the resin cross-linking structure, as determined under one of the following ANSI 

745 standards: ANSI A135.4 (Basic Hardboard), ANSI A135.5 (Prefinished Hardboard Paneling), or 

746 ANSI A135.6 (Hardboard Siding). EPA believes this is consistent with TSCA 601(d) which 

747 requires EPA to promulgate regulations in a manner that ensures compliance with the statutory 

748 emission standards.

749 Revisions to the three ANSI hardboard standards have been made and the revised 

750 versions are now available (Refs. 23-25). EPA requests comment on the proposed hardboard 
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751 definition and whether any changes should be made to the definition in light of the recent ANSI 

752 standard revisions. 

753 In general, EPA believes that composite wood products made with phenol-formaldehyde 

754 resins have lower formaldehyde emission rates than do products made with urea-formaldehyde 

755 resins. In fact, phenol-formaldehyde resin is mentioned in TSCA Title VI as a resin that may 

756 qualify for ULEF resin status. EPA has some data on formaldehyde emissions from hardboard 

757 made with phenol-formaldehyde resins (Refs. 23, 2426, 27). The data appear to support the idea 

758 that products made with phenol formaldehyde resins have lower formaldehyde emission rates. 

759 EPA requests comment, information, and data on hardboard made with phenol-formaldehyde 

760 resins and whether such products should be included within the definition of the term hardboard, 

761 thereby exempting such products from the statutory emission standards. 

762 4. Other definitions. EPA is also proposing to define a number of other terms used in the 

763 proposed regulations to ensure that the meaning and applicability of the regulatory requirements 

764 are clear. These terms include “distributor,” “importer,” “purchaser,” and “retailer.” EPA is 

765 proposing to define “distributor” as an entity that supplies composite wood products, component 

766 parts, or finished goods to others. The term “importer” would be defined, consistent with the 

767 definition of the term “manufacturer” in TSCA section 3 and the definition of “importer” in 40 

768 CFR 710.3, as an entity that imports composite wood products, component parts that contain 

769 composite wood products, or finished goods that contain composite wood products into the 

770 customs territory of the United States (as defined in general note 2 of the Harmonized Tariff 

771 Schedules of the United States). The term includes the entity primarily liable for the payment of 

772 any duties on the products, or an authorized agent acting on the entity’s behalf. The term 

773 “purchaser” would be defined as an entity that acquires composite wood products in exchange 
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774 for money or its equivalent. Finally, “retailer” would be defined as an entity that generally sells 

775 smaller quantities of composite wood products directly to consumers. EPA requests comment on 

776 the utility of these definitions, whether these definitions comport with typical industry usage, and 

777 whether any other general terms should be defined in EPA’s regulation. 

778 B. Formaldehyde Emission Standards 

779 TSCA Title VI establishes formaldehyde emission standards for composite wood 

780 products (hardwood plywood, particleboard, and medium-density fiberboard) so that beginning 

781 July 1, 2012 or 180 days after the final implementing regulations are promulgated, whichever is 

782 later, the standards mirror the CARB ATCM Phase 2 emission levels. The statute also provides 

783 for emission standards that would apply after the effective date of the implementing regulations 

784 but before July 2011, or before July 2012. However, the July 20112012 date has already passed, 

785 and EPA does not anticipate issuing a final rule with an effective date before July 2012, so these 

786 interim standards arewill not likely to ever take effect. 

787 When the later TSCA Title VI emission standards take effect 180 days after 

788 implementing regulations are promulgated, the emission limit for hardwood plywood will be 

789 0.05 parts per million (ppm) formaldehyde. For medium-density fiberboard, the limit will be 

790 0.11 ppm. For thin medium-density fiberboard, the limit will be 0.13 ppm. For particleboard, 

791 the limit will be 0.09 ppm. The statute does not give EPA authority to modify these emission 

792 standards. 

793 Because each of the two statutory emission standards for hardwood plywood is 0.05 ppm 

794 for any final rule taking effect after July 1, 2012, the proposed regulation merely states that the 

795 emission standard for hardwood plywood is 0.05 ppm. With this language, EPA intends that any 

796 product that meets the definition of hardwood plywood is subject to the hardwood plywood 
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797 emission limit, regardless of the makeup of its core. EPA notes that the statutory definition of 

798 hardwood plywood includes a number of different types of cores that may not appear to 

799 expressly fit under the statutory emission standards for veneer core and composite core. Yet, 

800 EPA does not believe that Congress intended to exempt hardwood plywood made with a lumber 

801 core, for example, from the emission standards of TSCA Title VI in part because the statute says 

802 that “the emission standards... shall apply to hardwood plywood.” Therefore, EPA proposes an 

803 emission standard for hardwood plywood of 0.05 ppm, given that the two statutory emission 

804 standards for hardwood plywood are ultimately identical. EPA requests comment on whether 

805 and how this revision would affect entities making laminated products with lumber cores or any 

806 other special core material. 

807 C. Product Certification in General 

808 Under this proposal, composite wood products sold, supplied, offered for sale, or 

809 manufactured (including imported) within the United States would have to be certified, unless 

810 they are specifically exempted by TSCA Title VI or excluded by the proposed rule. In general, 

811 this means that the formaldehyde emission levels from the composite wood products would have 

812 been demonstrated to be below the emission standards in TSCA Title VI. This demonstration 

813 would be through a combination of testing performed by an accredited third-party certifier 

814 (TPC), and repeated on a quarterly basis, and more frequent quality control testing performed by 

815 the maker of the composite wood product, an accredited TPC, or a contract laboratory. Specific 

816 proposed requirements for this testing are discussed in Unit III.D. of this preamble. 

817 EPA is proposing to require makers of composite wood product panels to apply to an 

818 accredited TPC for product certification, and to design and establish a quality control program, 

819 including testing, that is both approved by the accredited TPC and specific to the panel producer. 
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820 For each product type to be certified, the panel producer would have to have at least one 

821 quarterly test result and 3 months of quality control testing data that demonstrate that the 

822 formaldehyde emission rates of the product are below the emission standards established by 

823 TSCA Title VI and discussed in greater detail in Unit III.C. of this preamble. Uncertified 

824 product produced after the manufactured-by date, discussed in Unit III. I. of this preamble, 

825 would not be permitted to be sold, supplied, or offered for sale in the United States. Under this 

826 proposal, products currently certified by approved TPCs under the CARB ATCM would be 

827 considered certified for purposes of TSCA Title VI. However, in the TPC Proposal, EPA 

828 proposed to allow CARB-approved TPCs 1 year to become accredited under TSCA Title VI. If 

829 that provision is finalized as proposed, a panel producer whose TPC does not become accredited 

830 under TSCA Title VI in a timely manner would have to apply to an accredited TPC to be able to 

831 continue to make certified product after the manufactured-by date. EPA requests comment on 

832 this approach for CARB-certified products and whether a different approach or additional 

833 requirements should be imposed for these products. 

834 D. Formaldehyde Emission Testing Requirements 

835 TSCA Title VI requires that composite wood products be measured for compliance with 

836 the statutory emission standards by quarterly tests pursuant to test methods ASTM E-1333-96 or 

837 ASTM D-6007-02 (Ref. 25, 2628, 29). TSCA Title VI also requires that quality control tests be 

838 conducted pursuant to ASTM D-6007-02, ASTM D-5582, or such other test methods as may be 

839 established by EPA through rulemaking (Ref. 26, 2729, 30). Under the statute, test results 

840 conducted using any test method other than ASTM E-1333-96 (2002) must include a showing of 

841 equivalence by means that EPA must establish through rulemaking. Under TSCA Title VI, EPA 

842 must also establish, through rulemaking, the number and frequency of tests required to 
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843 demonstrate compliance with the emission standards. This unit of the preamble discusses EPA’s 

844 proposed rulemaking on each of these statutory elements. 

845 1. CARB ATCM Formaldehyde Testing Requirements. The CARB ATCM requires that 

846 compliance with the emission standards for hardwood plywood, medium-density fiberboard, and 

847 particleboard be demonstrated by conducting emission tests, verified by third party certifiers 

848 (TPCs) using ASTM E-1333-96 (2002) (large chamber test method), referred to as the primary 

849 test method, or ASTM D-6007-02 (small chamber test method), referred to as the secondary test 

850 method. If ASTM D-6007-02 is used, equivalence between ASTM D-6007-02 and ASTM E851 1333-96 (2002) must be established at least once each year by the TPC. The CARB ATCM 

852 specifies minimum requirements for demonstrating equivalence in section 93120.9(a)(2)(B) of 

853 the ATCM; demonstration of equivalence for the purposes of this proposal is discussed in Unit 

854 III.D.3. of this document. The CARB ATCM allows alternate secondary test methods to be used 

855 if they are demonstrated to provide equivalent results to those obtained using ASTM E-1333-96 

856 (2002) (following the requirements in section 93120.9(a)(2)(B)) and are approved in writing by 

857 the CARB Executive Officer, following submission of an application for approval. The CARB 

858 ATCM also requires quality control testing using a test method that is correlated to the primary, 

859 secondary, or alternate secondary test method. The CARB ATCM also provides that all panels 

860 must be tested in an unfinished condition, prior to the application of a finishing or topcoat. 

861 The CARB ATCM requires that an initial qualifying primary or secondary method test be 

862 conducted on each product type, from each production line of each facility; however, it also 

863 allows a manufacturer to group two or more product types together if they have “similar 

864 emission characteristics.” The emissions from each product type from each production line 

865 cannot exceed the applicable standard. If an initial qualification test exceeds the emission 
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866 standard, certification lapses on all of the products represented by that product group. 

867 Under the CARB ATCM, after the initial qualifying test, primary or secondary method 

868 tests must be conducted at least quarterly. For particleboard and medium-density fiberboard, 

869 these quarterly tests must be conducted on randomly selected samples of each product type 

870 (unless approved NAF or ULEF resins are used). Again, products can be grouped for testing, but 

871 if a quarterly test exceeds the emission standard, certification lapses on all of the products 

872 represented by that grouping. For hardwood plywood, a primary or secondary method test is 

873 required at least quarterly (unless approved NAF or ULEF resins are used) on randomly selected 

874 samples of the hardwood plywood product determined by the TPC to have the highest potential 

875 to emit formaldehyde. 

876 The CARB ATCM also requires “small scale” quality control tests that must be 

877 conducted at the composite wood product manufacturing facility, a contract laboratory, or a 

878 laboratory operated by an approved TPC. These tests must be conducted on all lots of each 

879 product type being certified unless prior notice is given, and tests must be reported to the TPC. 

880 The CARB ATCM lists the following as approved small scale test methods: ASTM D 5582-00 

881 (desiccator), ASTM D-6007-02 (small chamber), and alternative tests that can be shown to 

882 correlate to the primary or secondary method tests and are approved by the CARB Executive 

883 Officer. CARB has approved the following for use as alternative small scale test methods: EN 

884 717-2 (Gas Analysis), DMC (Dynamic Micro Chamber), EN 120 (perforator), and JIS A 1460 

885 (24-hr Desiccator). CARB does not expressly permit the grouping of product types for quality 

886 control testing. However, CARB does provide TPCs and manufacturers with some flexibility in 

887 interpreting the term “product type” to allow similar products, particularly those made with the 

888 same resin system, to be considered to belong to the same product type for quality control testing 
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889 purposes (Ref. 2) 

890 a. Basic testing frequency requirements for particleboard and medium-density fiberboard 

891 under the CARB ATCM. The CARB ATCM requires manufacturers of particleboard and 

892 medium-density fiberboard (that don’t qualify for NAF or ULEF TPC exemption or reduced 

893 testing) to conduct routine small scale quality control tests at least once per shift (8 or 12 hours, 

894 plus or minus one hour of production) for each production line for each product type. Quality 

895 assurance and quality control requirements for the purposes of this proposal are discussed in Unit 

896 III.E. of this preamble. Quality control tests must also be conducted whenever a product type 

897 production ends, even if eight hours of production has not been reached, or whenever one of the 

898 following occurs: 1) the resin formulation is changed so that the formaldehyde to urea ratio is 

899 increased; 2) an increase by more than ten percent in the amount of formaldehyde resin used, by 

900 square foot or by panel; 3) a decrease in the designated press time by more than 20 percent; or 4) 

901 the Quality Control Manager or Quality Control Employee has reason to believe that the panel 

902 being produced may not meet the requirements of the applicable standards. The CARB ATCM 

903 allows for reduced testing for particleboard and medium-density fiberboard when the facility 

904 demonstrates consistent operations and low variability of test values to the satisfaction of the 

905 TPC based on criteria established by the TPC. Testing frequency still must occur at least once 

906 per 48-hour production period. 

907 b. Basic testing frequency requirements for hardwood plywood under the CARB ATCM. 

908 The CARB ATCM requires manufacturers of hardwood plywood (that don’t qualify for NAF or 

909 ULEF TPC exemption or reduced testing) to conduct routine small scale quality control tests on 

910 each product type and product line based on production at the facility with the following testing 

911 frequency: at least one test per week per product type and product line if the weekly hardwood 
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912 plywood production is less than 200,000 square feet; at least two tests per week per product type 

913 and product line if the weekly hardwood plywood production is between 200,000 and 400,000 

914 square feet; and at least four times per week per product type and product line if the weekly 

915 hardwood plywood production is greater than 400,000 square feet. The CARB ATCM also 

916 requires that quality control samples must be analyzed within a period of time specified in the 

917 manufacturer’s quality control manual to avoid distribution of non-complying lots. 

918 2. Proposed general testing requirements. As an initial matter, EPA is proposing to 

919 define several terms that would be used in the testing requirements. EPA is proposing to use the 

920 term “panel producer” to refer to those facilities that actually make composite wood products or 

921 laminated products, excluding importers that do not also make the products. Because TSCA § 3 

922 defines the term “manufacture” to include import, EPA believes that using another term would 

923 clarify the regulation by referring to facilities that actually make the products regulated under 

924 TSCA Title VI for the purposes of the testing, certification, and recordkeeping requirements. 

925 Under this proposal, some laminated products would not be hardwood plywood, and the act of 

926 making those products would, therefore, not be subject to the testing and certification 

927 requirements. However, EPA believes that there are some laminated products that cannot be 

928 made in such a way as to render them exempt from the testing and certification requirements. 

929 EPA is proposing to define “panel producer” as a manufacturing plant or other facility that 

930 manufactures (excluding importsfacilities that solely import products) composite wood products 

931 on the premises. EPA is also proposing to incorporate within this definition a statement that this 

932 includes laminated products not excluded from the definition of hardwood plywood. EPA 

933 requests comment on whether the term “panel producer” should apply separately to each specific 

934 facility owned or operated by an entity that produces composite wood products for the purposes 
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935 of the testing, certification and recordkeeping requirements, or whether the term “panel 

936 producer” should apply to the entire business entity that produces the composite wood products. 

937 For example, should panel producers be required to have a quality control manual for each 

938 separate facility? 

939 EPA is proposing to incorporate the CARB definition of the term “product type” with 

940 some modifications. The term “manufacturer” in the CARB definition would be replaced by the 

941 term “panel producer.” Under this proposal, “product type” means a type of composite wood 

942 product that differs from another made by the same panel producer, based on wood type, 

943 composition, thickness, number of plies (if hardwood plywood), or resin used. In order to make 

944 it clear that TPCs and manufacturers have the flexibility to treat similar products similarly, the 

945 proposed definition includes a statement that products with similar emissions made with the 

946 same resin systems may be considered to be the same product type. 

947 EPA is also proposing to define “lot” to mean a particular lot or batch of a product type 

948 made during a single production run. EPA believes that this is common industry usage of the 

949 term. Likewise, EPA is proposing to define “production line” as a set of operations and physical 

950 industrial or mechanical equipment used to produce a composite wood product. EPA requests 

951 comment on the utility of these definitions, and whether other terms should also be defined, such 

952 as “production run.” 

953 In addition, entities conducting formaldehyde testing would be required to use the 

954 procedures, such as testing conditions and loading ratios, specified in the method being used. As 

955 required by CARB, EPA is also proposing to require that all equipment used in formaldehyde 

956 testing be calibrated in accordance with the equipment manufacturer’s instructions. EPA 

957 believes that this requirement is important for ensuring that the equipment is working properly 
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958 and that accurate results are obtained. 

959 a. Quarterly testing requirements. EPA is proposing to require that accredited TPCs 

960 conduct the quarterly tests required by TSCA Title VI. The statute requires these tests to be 

961 performed using ASTM E-1333-96 (2002) or, upon a showing of equivalence as discussed in this 

962 Unit, ASTM D-6007-02 (Refs. 25, 2628, 29). In the TPC Proposal, using the authority provided 

963 by TSCA section 601(d)(5), EPA proposed to incorporate ASTM E-1333-10, the most recent 

964 version of this method, into the testing requirements, rather than the 2002 version (Refs. 1, 

965 2831). EPA will review the comments received on the TPC proposal and determine whether to 

966 incorporate ASTM E-1333-10 into the testing requirements in place of ASTM E-1333-96 (2002) 

967 before issuing the final rule. 

968 EPA is proposing to require that the TPC laboratories test randomly chosen samples from 

969 a single lot that is ready for shipment by the panel producer. Neither the top nor bottom 

970 composite wood product of a bundle would be selected because the emissions from these 

971 products may not be representative of the bundle. For particleboard and medium-density 

972 fiberboard, the proposed rule would require quarterly tests to be conducted on randomly selected 

973 samples of each product type (unless they qualify for reduced testing based on ULEF or NAF 

974 resin). For hardwood plywood, the proposed rule would require quarterly tests to be conducted 

975 on randomly selected samples of the hardwood plywood product determined by the TPC to have 

976 the highest potential to emit formaldehyde (unless they qualify for reduced testing based on 

977 ULEF or NAF resins). 

978 As under the CARB ATCM, this proposal would allow product types to be grouped for 

979 quarterly testing. EPA is proposing to allow accredited TPCs to approve the grouping of 

980 products with similar characteristics, particularly those characteristics that are most likely to 
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981 affect emissions, such as the type of wood or the resin system(s) used to make the composite 

982 wood product. For hardwood plywood, other factors that are likely to influence formaldehyde 

983 emissions are core type, press time, veneer type (i.e., species), and whether or not the core is 

984 certified. EPA requests comment on the appropriate criteria for grouping product types for 

985 quality control testing, given the statutory directive to promulgate implementing regulations in a 

986 manner that ensures compliance with the emission standards. For example, one possibility could 

987 be to allow panel producers and accredited TPCs to identify the products that are likely to have 

988 the highest emissions and to test those products. 

989 Samples selected for quarterly testing would have to be dead-stacked (i.e., closely 

990 stacked) or air tight wrapped between the time of sample selection and the start of test 

991 conditioning (as specified in ASTM E-1333-10 or, as appropriate, ASTM D-6007-02). Samples 

992 would have to be labeled as such, signed by the TPC, bundled air tight, wrapped in polyethylene, 

993 protected by cover sheets, and promptly shipped to the laboratory testing facility. EPA is 

994 proposing to require conditioning to begin as soon as possible, but no more than 30 days after 

995 production. This requirement, also included in the CARB ATCM, is designed to prevent panel 

996 producers from holding composite wood products to allow them to off-gas. TPCs must notify 

997 panel producers in writing within 24 hours of a failed quarterly test result. Lots represented by a 

998 failed quarterly test result, would have to be handled as non-complying lots in accordance with 

999 the proposed requirements discussed in Unit III.D.4. If lots were grouped for quarterly testing, 

1000 all lots in the group represented by a failed quarterly test result would have to be treated as non1001 complying lots. EPA requests comment on all aspects of these sampling requirements, including 

1002 whether the 30 day requirement is appropriate. 

1003 b. Quality control test methods. EPA is proposing that in addition to ASTM D-6007-02 
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1004 and ASTM D-5582, the following methods would also be allowed for quality control testing 

1005 (with a showing of equivalence as described in this Unit): EN 717-2 (Gas Analysis Method) 

1006 (Ref. 2932), DMC (Dynamic Micro Chamber) (Ref. 3033), EN 120 (Perforator Method) (Ref. 

1007 3134), and JIS A 1460 (24-hr Desiccator Method) (Ref. 3235). EPA believes that these are 

1008 appropriate methods for quality control testing based on CARB’s evaluation and approval of 

1009 these methods as alternative small scale test methods, and test results using these methods have 

1010 been demonstrated to have adequate correlations with test results using ASTM E-1333-10. EPA 

1011 proposes to establish these additional methods pursuant to Section 601(b)(3)(A)(ii) for quality 

1012 control testing; as a general matter, EPA does not endorse any particular method over others. 

1013 Other methods may also be appropriate for quality control testing, such as EN 717-1 (Chamber 

1014 Method), EN 717-3 (Flask Method), ISO/DIS 12460-1(1-Cubic-Meter Chamber Method), 

1015 ISO/DIS 12460-2 (Small-Scale Chamber Method), ISO/DIS 12460-3 (Gas Analysis Method), or 

1016 ISO/DIS 12460-4 (Desiccator Method). EPA requests comment on whether these methods 

1017 should also be allowed for quality control testing. 

1018 c. Proposed quality control testing frequency for particleboard and medium-density 

1019 fiberboard that do not qualify for reduced testing based on ULEF or NAF resins. EPA is 

1020 proposing to require the same quality control testing frequency for particleboard and medium1021 density fiberboard as is required under the CARB ATCM. This proposal would require quality 

1022 control tests at least once per shift (8 or 12 hours, plus or minus one hour of production) for each 

1023 production line for each product type. Quality control tests would also be conducted whenever a 

1024 product type production ends, even if eight hours of production has not been reached, or 

1025 whenever 1) there is a significant change to the resin formulation, e.g., an increase in the 

1026 formaldehyde-to-urea ratio; 2) there is an increase by more than ten percent in the amount of 
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1027 formaldehyde resin used; 3) there is a decrease in the designated press time by more than 20 

1028 percent; or 4) the quality control manager or quality control employee has reason to believe that 

1029 the panel being produced may not meet the requirements of the applicable standards. 

1030 Also consistent with the CARB ATCM, EPA is not proposing to allow the grouping of 

1031 products for quality control testing purposes. However, EPA is proposing to allow accredited 

1032 TPCs and panel producers some flexibility in determining which products constitute a product 

1033 type. CARB’s guidance to its TPCs on defining product type include mention of those 

1034 characteristics most likely to affect product emissions, such as type of wood or the resin 

1035 system(s) used to make the composite wood product. Again, for hardwood plywood, these 

1036 factors include core type, press time, veneer type (i.e., species), and whether or not the core is 

1037 certified. 

1038 EPA is proposing to allow reduced quality control testing requirements similar to 

1039 CARB’s for particleboard and medium-density fiberboard when the panel producer demonstrates 

1040 consistent operations and low variability of test values. Under the EPA proposal, the panel 

1041 producer would be required to request approval for reduced quality control testing from an 

1042 accredited TPC. If approved, quality control testing would still have to occur at least once per 

1043 48-hour production period. Unlike CARB, EPA is proposing to establish criteria for 

1044 demonstrating consistency and low variability. Under EPA’s proposed requirements, which are 

1045 based on a Composite Panel Association voluntary program, a 30 panel running average would 

1046 be maintained (Ref. 3336). If the 30 panel running average remains two standard deviations 

1047 below the designated Quality Control Limit (QCL) for the previous 60 consecutive days or more, 

1048 testing frequency could be reduced to one test per 24 hour production period. When the 30 panel 

1049 running average remains three standard deviations below the QCL for the previous 60 days or 
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1050 more, testing frequency could be reduced to once every 48 hour production period. The QCL 

1051 would be the quality control test value that is the correlative equivalent to the emission standard 

1052 based on the ASTM E-1333-10 method. The QCL is established by using a simple linear 

1053 regression where the dependent variables (Y-axis) are the quality control test results and the 

1054 independent variables (X-axis) are the ASTM E-1333-10 test results. More information on the 

1055 establishment of the QCL can be found in the TPC Proposal (Ref. 1). An accredited TPC would 

1056 be required to approve a request for reduced quality control testing as long as the data submitted 

1057 by the panel producer demonstrate compliance with the criteria and the TPC does not otherwise 

1058 have reason to believe that the data are inaccurate or that the panel producer’s production 

1059 processes are inadequate to ensure continued compliance with the emission standards. EPA will 

1060 provide a list of panel producers and products types that are allowed reduced testing under this 

1061 provision on the EPA website. EPA requests comment on whether there should be a finite time 

1062 period for reduced testing, after which a new application and demonstration would be required, 

1063 or whether reduced testing should continue to be allowed as long as the quality control test data 

1064 demonstrate continued eligibility for reduced testing. 

1065 As in the CARB ATCM, EPA is proposing that all panels would be tested in an 

1066 unfinished condition, prior to the application of a finishing or topcoat. EPA believes that the 

1067 proposed testing frequency is sufficient to ensure compliance with the emission standards, but is 

1068 not overly burdensome. EPA believes that most U.S. producers of particleboard and medium1069 density fiberboard have been complying with the testing requirements under the CARB ATCM 

1070 and thus, the rule, if finalized as proposed, would not impose an additional burden on these 

1071 producers. 

1072 d. Proposed quality control testing frequency for hardwood plywood that does not qualify 
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1073 for reduced testing based on ULEF or NAF resins. EPA is generally proposing to require the 

1074 same frequency of testing for hardwood plywood that CARB requires. EPA believes that this 

1075 testing frequency is adequate to ensure compliance with the TSCA Title VI emission standards 

1076 and consistency with CARB makes it easier for panel producers already complying with CARB 

1077 to comply with these proposed requirements. Similarly, if a quality control test exceeds the 

1078 applicable emission standards for that product, all lots of products represented by that test result 

1079 would be considered to be non-complying lots and would have to be treated and retested in 

1080 accordance with the procedures discussed in Unit III.D.4. 

1081 EPA’s proposed quality control testing frequency requirements for hardwood plywood 

1082 are generally similar to CARB and are likewise based on production volume. Under this 

1083 proposal, hardwood plywood panel producers would be required to conduct routine quality 

1084 control tests on each production line of each product type based on total hardwood plywood 

1085 production by the panel producer with the following testing frequency: at least one test per week 

1086 per production line of each product type if the weekly hardwood plywood production is between 

1087 100,000 and 200,000 square feet; at least two tests per week per production line of each product 

1088 type if the weekly hardwood plywood production is between 200,000 and 400,000 square feet; 

1089 and at least four times per week per production line of each product type if the weekly hardwood 

1090 plywood production is greater than 400,000 square feet. EPA believes that, for some small 

1091 specialty panel producers, even one quality control test per week would be excessive. Very 

1092 small custom manufacturers may make significantly less than 100,000 square feet of product per 

1093 week per product type. In order to address the inequity of requiring small manufacturers to 

1094 conduct many more tests than required of large manufacturers for the same production volume, if 

1095 weekly production of hardwood plywood at the panel producer is less than 100,000 square feet, 
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1096 EPA is proposing to require one quality control test per 100,000 square feet of each lot produced 

1097 of each product type produced. If the panel producer never produces 100,000 square feet of a 

1098 particular product type at one time, EPA is proposing to require just one quality control test of 

1099 that product type per production run or lot produced. 

1100 EPA believes that the proposed testing frequency for hardwood plywood is sufficient to 

1101 ensure compliance with the emission standards but is not overly burdensome. EPA believes that 

1102 most U.S. hardwood plywood panel producers as well as many foreign producers have been 

1103 complying with the CARB ATCM testing requirements and thus, the rule, if finalized as 

1104 proposed, would not impose an additional burden on these producers. For laminated product 

1105 producers that do not have to test under the CARB ATCM requirements, this proposed testing 

1106 would be a new requirement; however, because the requirements are based on production 

1107 volume, EPA believes that they would not be overly burdensome. EPA requests comment on 

1108 whether these proposed requirements are sufficient to ensure compliance with the standards. 

1109 Under the CARB ATCM, only particleboard and medium-density fiberboard producers 

1110 are required to conduct quality control testing when product type production ends, changes are 

1111 made to the resin formulation or the amount of resin used, or there is a significant decrease in 

1112 press time. There is no similar provision applicable to hardwood plywood. EPA’s proposal is 

1113 consistent with the CARB ATCM, but EPA requests comment on whether quality control testing 

1114 should be required for hardwood plywood production in these situations, or in any other 

1115 situations, such as when the quality control manager or quality control employee has reason to 

1116 believe that the panels in production may not meet the emission standard. EPA is also requesting 

1117 comment on whether the proposed reduced quality control testing for consistent particleboard 

1118 and medium-density fiberboard manufacturing operations should also be applicable to hardwood 
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1119 plywood. 

1120 3. Means of showing test method equivalence. EPA is proposing that equivalence between 

1121 ASTM E-1333-10 and any other test method used would be demonstrated by the TPC for each 

1122 laboratory used by the TPC or panel producer that is using the alternative method at least once 

1123 each year or whenever there is a significant change in equipment, procedures, or the 

1124 qualifications of testing personnel. 

1125 The CARB ATCM includes a specific method for demonstrating equivalence between 

1126 ASTM E-1333-96 (2002) and ASTM D-6007-02. The CARB ATCM method requires at least 

1127 ten comparison sample sets, which compare the results of the two methods, for an equivalence 

1128 demonstration. The ten comparison sample sets consist of testing a minimum of five sample sets 

1129 in at least two out of three specified ranges of formaldehyde concentrations. For the ASTM E1130 1333-96 (2002) method, each comparison sample consists of the result of simultaneously testing 

1131 an appropriate number of panels (factoring in the loading rate) from the same batch of panels 

1132 tested by the ASTM D-6007-02 method. For the ASTM D-6007 method, each comparison 

1133 sample consists of testing nine specimens representing evenly distributed portions of an entire 

1134 panel. The nine specimens are tested in groups of three specimens (factoring in loading rate), 

1135 resulting in three test results, which are averaged to represent one data point for the panel, and 

1136 matched to their respective ASTM E-1333-96 (2002) comparison sample result. CARB requires 

1137 that equivalence be established between the ASTM E-1333-96 (2002) and ASTM D-6007-02 

1138 methods to represent the range in emissions based on the emission standards for the composite 

1139 wood products being tested. 

1140 EPA is proposing the same general methodology as is required under the CARB ATCM. 

1141 However, because the CARB phase 2 emission standards will be in effect by the time EPA issues 
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1142 a final rule, EPA believes that it will be very difficult, if not impossible, to find products with 

1143 emissions in the intermediate and upper ranges specified by the CARB equivalency 

1144 demonstration requirements. EPA’s proposed procedure, therefore, does not include the 

1145 requirement of testing different formaldehyde concentration ranges. Instead, EPA is proposing 

1146 that equivalence be demonstrated in a range of formaldehyde concentrations that is 

1147 representative of the emissions of the products that the TPC certifies. Therefore, EPA is 

1148 proposing to require a minimum of five comparison sample sets rather than ten. In addition, 

1149 EPA is proposing to allow for more flexibility in sampling and not require testing of nine 

1150 specimens representing evenly distributed portions of an entire panel. EPA believes that for 

1151 some types of panels, within panel variability is such that fewer specimens can be tested, but for 

1152 other panels testing of at least nine specimens would be needed. EPA believes that TPCs and 

1153 panel producers are best able to determine the sampling and testing needed to account for within 

1154 panel variability for a specific product type and is therefore proposing to allow for flexibility in 

1155 the distribution and number of specimens to require for the small chamber test comparison 

1156 sample set. 

1157 EPA is proposing the following method for demonstrating equivalence between ASTM 

1158 E-1333-10 and ASTM D-6007-02: An equivalence demonstration would include at least five 

1159 comparison sample sets (i.e., five large chamber sample sets and five small chamber sample 

1160 sets), which compare the results of the two methods. For the ASTM E-1333-10 method, each 

1161 comparison sample would consist of the result of simultaneously testing an appropriate number 

1162 of panels, using the applicable loading ratios from the method, from the same batch of panels 

1163 tested by the ASTM D-6007-02 method. For the ASTM D6007 method, each comparison 

1164 sample would consist of testing specimens representing portions of panels tested in the ASTM E-
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1165 1333-10 and matched to their respective ASTM E-1333-10 method comparison sample result. 

1166 The arithmetic mean,  ̄, x and standard deviation, S, of the difference of all comparison sets would 

1167 be calculated as follows: 

1168 

1169 Where  ̄x = arithmetic mean; 

1170 S = standard deviation; 

1171 n = number of sets; 

1172 Di = difference between the ASTM E-1333-10 and the ASTM D-6007-02 method values for the 

1173 ith set; and 

1174 i ranges from 1 to n. 

1175 EPA is proposing that ASTM D-6007-02 method would be considered equivalent to the ASTM 

1176 E-1333-10 method if the following condition were met: 

1177 

1178 where C is equal to 0.026 (Ref. 34). 37).

1179 EPA believes that the proposed means for showing equivalence between ASTM E-1333-

1180 10 and ASTM D-6007-02 is a reasonable method of showing equivalence. In addition, it is not 

1181 overly burdensome and it is similar to the procedure required under the CARB ATCM.EPA 

1182 independently analyzed this proposed method for demonstrating equivalence by evaluating 

1183 CARB’s Supplemental Analysis Supporting the Test for Demonstrating Equivalence between 

1184 Primary and Secondary Methods for Measuring Formaldehyde Emissions from Composite Wood 

1185 Products (Ref. 37) and by comparing CARB’s method with the two-one sided t-test (TOST). 
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1186 EPA is proposing to use the CARB method because it appears to be satisfactory for the desired 

1187 purpose, it is simpler than the TOST method, it is not overly burdensome, and industry is already 

1188 using it. EPA requests comment on whether the proposed means of showing equivalence is 

1189 appropriate. EPA specifically requests comment on whether five comparison sample sets are 

1190 sufficient or whether ten should be required. In addition, EPA requests comment on whether 

1191 testing products in two different ranges of formaldehyde concentrations should be required, as is 

1192 required under the CARB ATCM, and what ranges would be appropriate (e.g., lower range less 

1193 than 0.05 ppm and upper range 0.05-0.13 ppm as measured by ASTM E-1333-10). EPA also 

1194 requests comment on whether sampling should be left to the TPCs and manufacturers, or 

1195 whether EPA should require testing of nine specimens (representing evenly distributed portions 

1196 of an entire panel) tested in groups of three specimens, resulting in three test results, which 

1197 would be averaged to represent one comparison sample for the ASTM D-6007-02 method, or 

1198 whether some other sampling protocol should be required. EPA also requests comment on 

1199 whether the proposed criteria for demonstrating equivalence are appropriate, or whether other 

1200 criteria would be more appropriate, such as establishing equivalence criteria based on the two 

1201 one-sided t-test (TOST). method. 

1202 EPA is proposing to require that equivalence between ASTM E-1333-10 and any 

1203 formaldehyde quality control test method used other than ASTM D-6007-02 would be 

1204 demonstrated by establishing a linear regression and an acceptable correlation, as defined by the 

1205 correlation coefficient, or “r” value. Although correlation will not show that the test methods 

1206 give equivalent results, it will demonstrate whether a quality control test method can be used to 

1207 adequately estimate the corresponding ASTM E-1333-10 test result; therefore, if there is an 

1208 acceptable correlation, the quality control test method can be used to estimate whether the 
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1209 product meets the emission standards. The correlation would be based on a minimum sample 

1210 size of five data pairs and a simple linear regression where the dependent variable (Y-axis) is the 

1211 quality control test value and the independent variable (X-axis) is the ASTM E-1333-10 test 

1212 value. EPA is proposing the following minimum acceptable correlation coefficients (“r” values) 

1213 for the correlation: 

Minimum Correlation for Equivalency Correlations 

Degrees of Freedom (n-2) “r” Value 

3 0.878 

4 0.811 

5 0.754 

6 0.707 

7 0.666 

8 0.632 

9 0.602 

10 or more 0.576 

1214 The number of data pairs is represented by the letter “n”. For example, correlations 

1215 based on five data pairs have 3-degrees of freedom, and the correlation coefficient would need to 

1216 be 0.878 or greater. These values are the same as those recommended by CARB in its 

1217 Certification Guideline No. CWP-10-001 (Ref. 3538). EPA requests comment, information, and 

1218 data on these values and whether they adequately account for the uncertainties (e.g., sample 

1219 preparation, emission testing) and thus, are appropriate for this purpose. 

1220 Because of the low emissions required for regulated composite wood products, it may be 

1221 necessary to include more than five data pairs and/or a range of products (with a suitable range in 

1222 emissions, e.g., 0 – 0.1 ppm) in the testing to achieve acceptable correlation coefficients. In 
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1223 addition to the requirement of establishing a new correlation annually or whenever there is a 

1224 significant change in equipment, procedures, or the qualifications of testing personnel, EPA is 

1225 proposing that a new correlation would need to be established by the TPC for the panel producer 

1226 whenever a TPC's quarterly test results compared with the panel producer's quality control test 

1227 results do not fit the previously established correlation. In addition, if a panel producer fails two 

1228 quarterly tests in a row, a new correlation curve would have to be established. 

1229 EPA requests comment on the proposed correlation method for demonstrating 

1230 equivalence and whether the proposed acceptable correlation coefficients are reasonable. EPA 

1231 also requests comment on whether the term “equivalency” needs to be more clearly defined and 

1232 whether additional statistical parameters are needed to make a determination of “equivalency” 

1233 for the quality control methods. 

1234 4. Non-complying lots. EPA is proposing to require producers of non-complying lots of 

1235 composite wood products to treat such lots in a manner similar to the CARB ATCM 

1236 requirements. A non-complying lot would be any lot or batch represented by a quarterly or 

1237 quality control test value that exceeds the applicable emission standard for the particular 

1238 composite wood product. In the case of a quarterly test value, only the particular lot from which 

1239 the sample was taken would be considered a non-complying lot; lots produced after the previous 

1240 quarterly test but before the lot from which the sample was taken would still be considered 

1241 certified product. However, future production of product type(s) represented by a failed 

1242 quarterly test would not be considered certified and would have to be treated as a non-complying 

1243 lot until the product type(s) are re-qualified through a successful quarterly test. 

1244 TPCs would be required to notify EPA and the panel producer of any quarterly tests that 

1245 exceed the applicable standard within 24 hours of obtaining the test result. Panel producers 
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1246 would be required to segregate the non-complying lot from other product. Products in non1247 complying lots could only be sold, supplied, or offered for sale in the United States if a test value 

1248 that meets the applicable standard is obtained after the products are treated with scavengers, to 

1249 absorb excess formaldehyde, or treated through another process that reduces formaldehyde 

1250 emissions, e.g. aging. EPA is proposing to define the term “scavenger” as a chemical or 

1251 chemicals that can be applied to resins or composite wood products to reduce the amount of 

1252 formaldehyde that can be emitted from composite wood products. EPA requests comment on 

1253 whether this definition is appropriate. EPA also requests comment on processes other than aging 

1254 that could be used to reduce formaldehyde emissions from non-complying lots. Under this 

1255 proposal, panel producers would be required to keep records of the disposition of non-complying 

1256 lots, including the specific treatment used and the subsequent test results demonstrating 

1257 compliance. 

1258 Non-complying lots, by definition, do not meet the applicable emission standards and 

1259 may not be sold, supplied, or offered for sale in the United States. In order to ensure that this 

1260 does not occur, EPA is proposing to require that panel producers retain lots of composite wood 

1261 products from which quality control or quarterly samples have been selected until the samples 

1262 have been tested and the results received. With respect to quarterly samples, this includes lots 

1263 that are grouped for purposes of quarterly testing. EPA believes that this approach may be less 

1264 burdensome overall and offer better protection to importers, distributors, wholesalers, retailers, 

1265 and consumers than an approach relying on after-the-fact enforcement actions and customer 

1266 notifications. 

1267 E. Quality Assurance and Quality Control Requirements for Composite Wood Product Panel 

1268 Producers 

1269 

1270 Composite wood product panel producers are responsible for ensuring that their products 
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1271 meet the emission standards of TSCA Title VI. Quality assurance and quality control 

1272 requirements for panel producers are necessary to ensure that all of their products comply with 

1273 the applicable standards, including those that are not actually tested. EPA believes that the 

1274 proposed quality assurance and quality control requirements would help ensure proper handling 

1275 of test samples, test equipment, and quality control testing. EPA is generally proposing quality 

1276 assurance requirements that are identical to the requirements under the CARB ATCM. As 

1277 discussed in more detail in Unit III.F. of this preamble, these quality assurance and quality 

1278 control requirements do not apply to any product type made with a NAF-based resin or ULEF 

1279 resin for which the panel producer is eligible for an exemption from the third party certification 

1280 requirements, except for the purpose of applying for re-approval for the exemption. 

1281 Under this proposal, each panel producer would be required to have a written quality 

1282 control manual containing at a minimum: 1) organizational structure of the quality control 

1283 department; 2) sampling procedures; 3) method of handling samples, including a specific 

1284 maximum time period for analyzing quality control samples; 4) frequency of quality control 

1285 testing; 5) procedures to identify changes in formaldehyde emissions resulting from production 

1286 changes (e.g., increase in the percentage of resin, increase in formaldehyde/urea molar ratio in 

1287 the resin, or decrease in press time); 6) provisions for additional testing; 7) recordkeeping 

1288 requirements; 8) average percentage of resin and press time for each product type; 9) product 

1289 grouping, if applicable, and 10) procedures for reduced quality control testing, if applicable. The 

1290 TPC would review and approve the manual to ensure that the manual is complete and that the 

1291 panel producer’s procedures are adequate to ensure that the TSCA Title VI emission standards 

1292 are being met on an ongoing basis. The proposed requirement for a quality control manual is 

1293 consistent with CARB and with international voluntary consensus standards, such as the 
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1294 International Standards Organization (ISO) 9000 series of standards. EPA requests comment on 

1295 what should be included in the quality control manual. 

1296 This proposal would also require each panel producer to designate a quality control 

1297 facility for conducting quality control formaldehyde testing of their product. The quality control 

1298 facility must be a laboratory owned and operated by the panel producer, a TPC, or a contract 

1299 laboratory. 

1300 EPA is also proposing to require each panel producer to designate a person as quality 

1301 control manager with adequate experience and/or training to be responsible for formaldehyde 

1302 emission quality control. EPA is requesting comment on criteria for determining whether an 

1303 individual’s experience and/or training are appropriate for this position. For example, should the 

1304 quality control manager have a certain number of years of experience in the wood products 

1305 industry, or a degree in chemistry or a related field? 

1306 The quality control manager would have to have the authority to take actions necessary to 

1307 ensure that applicable emission standards are being met. The quality control manager would also 

1308 be identified in writing to the TPC. Under this proposal, the panel producer would have to notify 

1309 the TPC in writing within ten days of any change in the identity of the quality control manager 

1310 and provide the TPC with the new quality control manager’s qualifications. The quality control 

1311 manager would review and approve all reports of quality control testing conducted on the 

1312 production of the panel producer. The quality control manager would also be responsible for 

1313 ensuring that the samples are collected, packaged, and shipped according to the procedures 

1314 specified in the quality control manual. The panel producer quality control manager would 

1315 monitor the testing facility’s results, and would immediately inform the TPC in writing of any 

1316 significant changes in production that could affect formaldehyde emission rates. 
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1317 EPA is proposing to require panel producers to submit monthly product data reports for 

1318 each panel producer, production line and product type, to their TPC. The content requirements 

1319 for the product data reports would be similar to the CARB requirements and include a data sheet 

1320 for each specific product with test and production information, and a quality control graph 

1321 containing the established quality control limit (QCL) and shipping QCL, if applicable, the 

1322 results of quality control tests, and retest values. EPA requests comment on whether other useful 

1323 information, or a different format, should be required. 

1324 EPA is also proposing to require that each quality control facility have quality control 

1325 employees with adequate experience and/or training to conduct accurate and precise chemical 

1326 quantitative analytical tests. EPA requests comment on the criteria for determining whether an 

1327 individual’s experience and/or training are appropriate for this position. The quality control 

1328 manager would identify each person conducting formaldehyde quality control testing in the 

1329 quality control manual and to the accredited TPC. 

1330 F. NAF and ULEF Resins

1331 TSCA Title VI section 601(d)(2)(D) and (E) directs EPA to include, in its implementing 

1332 regulations, provisions related to products made with NAF and ULEF resins. The statute also 

1333 defines, under section 601(a)(7) and (10) respectively, what constitutes NAF-based and ULEF1334 based resins, in terms of the composition of the resin system and maximum formaldehyde 

1335 emissions for composite wood products made with these resin systems. In general, a NAF 

1336 composite wood product cannot incorporate a resin formulated with formaldehyde. A ULEF 

1337 composite wood product is one made from resins that may contain formaldehyde, but emit it at 

1338 particularly low levels, such as melamine-urea-formaldehyde resin, phenol formaldehyde resin, 

1339 resorcinol formaldehyde, or other formaldehyde-based resins. The statutory maximum emissions 
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1340 for products made with NAF-based or ULEF-based resins are identical to those in the CARB 

1341 ATCM. 

1342 Under the CARB ATCM, ULEF and NAF manufactures are provided with incentives 

1343 such as reduced testing requirements for ULEF, and for NAF, a two year exemption from TPC 

1344 oversight and formaldehyde emissions testing for one individual product type. If further reduced 

1345 emission standards are met, ULEF manufacturers can also be exempted from TPC oversight and 

1346 formaldehyde emissions testing. ULEF and NAF manufacturers must apply to CARB to get the 

1347 initial exemption for either the reduced testing of their individual products (for ULEF) or for a 

1348 total exemption from TPC oversight and formaldehyde emissions testing (ULEF or NAF). A 

1349 separate exemption is required for each composite wood product type. The NAF exemption 

1350 under the CARB ATCM from TPC oversight and formaldehyde emissions testing requires an 

1351 initial 3 month formaldehyde emissions testing period with a TPC. For manufacturers to receive 

1352 a ULEF exemption from TPC oversight and formaldehyde emissions testing, 6 months of 

1353 formaldehyde emissions testing with a TPC is required. In addition, formaldehyde emissions 

1354 must be reduced to below the standard ULEF emissions level. Exempt NAF and ULEF 

1355 manufacturers must reapply to CARB for exemption from TPC oversight and formaldehyde 

1356 emissions testing every two years by submitting test results for each product type for which an 

1357 exemption is sought, based on a panel or set of panels randomly selected and tested by a TPC, 

1358 and the chemical formulation of the resin. 

1359 EPA is proposing a similar approach for the TSCA Title VI program. If certain emission 

1360 thresholds are met, EPA proposes to provide producers of panels made with NAF-based resins or 

1361 ULEF resins with an exemption from TPC oversight and formaldehyde emissions testing after an 

1362 initial testing period of 3 months for each product type. This made with NAF-based resins or 6 
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1363 months for each product type made with ULEF resins. These specific initial testing period 

1364 isperiods are required by the statute and isare designed to ensure that the products meet the 

1365 TSCA section 601(a)(7) formaldehyde emission standards for products made with NAF-based or 

1366 ULEF resins. 

1367 Whether using a NAF-based or ULEF resin, to qualify for thisthe exemption, during the 

1368 initial from TPC oversight and formaldehyde emission testing periodfor a particular product 

1369 type, there can be no test result higher than 0.05 ppm of formaldehyde for hardwood plywood 

1370 and 0.06 ppm for particleboard, medium-density fiberboard, and thin medium-density fiberboard.

1371 during the initial testing period of 3 or 6 months for NAF-based or ULEF resins, respectively. In 

1372 addition, test results for 90 percent of the 3required 3 or 6 months of quality control testing must 

1373 be no higher than 0.04 ppm of formaldehyde. 

1374 EPA is also proposing that, if less stringent emission standards than these are met,

1375 producers of panels made with ULEF resins may still qualify for reduced formaldehyde emission 

1376 testing—but not the TPC exemption or the exemption from emission testing after the initial 6 

1377 months. To qualify for this reduced testing provision for products made with ULEF resins, there 

1378 can be no test result higher than 0.05 ppm of formaldehyde for hardwood plywood, 0.08 ppm for 

1379 particleboard, 0.09 ppm for medium-density fiberboard, and 0.11 ppm for thin medium-density 

1380 fiberboard during the initial 6 month testing period. In addition, test results for 90 percent of the 

1381 required quality control testing must be no higher than 0.05 ppm of formaldehyde for 

1382 particleboard, 0.06 ppm for medium-density fiberboard, and 0.08 ppm for thin medium-density 

1383 fiberboard. Under this reduced testing provision, qualifying panels would only need to be 

1384 quality control tested at least once per week per product type and production line, except that 

1385 hardwood plywood panel producers who qualify for less frequent quality control testing may 
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1386 continue to perform the lesser amount of testing. For these panels, what would otherwise be 

1387 quarterly testing by an accredited TPC would instead only be required every six months. 

1388 An accredited TPC would be required to oversee the testing during the initial testing 

1389 period, which must include at least one test result for the NAF exemption or two test results for 

1390 either ULEF provision under ASTM E-1333-10 or, upon a showing of equivalence as discussed 

1391 in this Unit, ASTM D-6007-02 (Ref. 28, 26Refs. 31, 29). In contrast to the exemption under the 

1392 CARB ATCM, EPA is not proposing to require the panel producer to formally apply to EPA for 

1393 reduced testing or a TPC exemption every two years. Rather, the panel producer would be 

1394 required to apply to an accredited TPC for anreduced testing or a TPC exemption based on the 

1395 regulatory requirements and to send a copy of the application to EPA. EPA intends to list panel 

1396 producers and product types that have been approved for reduced testing and exemption from 

1397 TPC requirements on EPA’s website. 

1398 To maintain eligibility for thea TPC exemption, at least once every two years after the 

1399 conclusion of the initial testing period, the panel producer would have to reapply for exemption 

1400 to an accredited TPC and have one test result under ASTM E-1333-10 or, upon a showing of 

1401 equivalence as discussed in this Unit, ASTM D-6007-02, which demonstrates continued 

1402 compliance with the reduced formaldehyde emission standards for each product type (Ref. 28, 

1403 26Refs. 31, 29). The test must be based on products randomly selected and tested by an 

1404 accredited TPC. In the case of approval for ULEF reduced testing, no periodic reapplication 

1405 would be necessary because the panel producer would have ongoing TPC oversight. 

1406 Testing records and other records demonstrating eligibility for thea TPC exemption or 

1407 reduced testing, such as records showing the chemical composition of the resins used to 

1408 manufacture the eligible products, would have to be maintained for a minimum of 53 years from 
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1409 the date that the record was created. EPA requests comment on whether the test records from the 

1410 initial testing period should be kept for as long as thea panel producer claims thea TPC

1411 exemption. 

1412 Under this proposal, any change in the resin formulation, the core material, or any other 

1413 part of the manufacturing process that may affect formaldehyde emission rates would render the 

1414 product ineligible for the exemption. EPAreduced testing approval or TPC exemption. EPA 

1415 requests comment on whether other events, such as failed quarterly or routine quality control 

1416 tests, should invalidate a reduced testing approval. EPA also requests comment on whether, in 

1417 the event of such a change, the panel producer should be required to begin the NAFTPC

1418 exemption process again with a 3 or 6 month testing period overseen by an accredited TPC, or 

1419 whether a single TPC test of the modified product would be sufficient. EPA alsofurther requests 

1420 comment on whether a distinction can be made between changes that are unlikely to result in 

1421 changes in product emissions, which may not need extensive testing to confirm continued 

1422 eligibility for the exemption, and more significant changes. EPA is particularly interested in 

1423 specific examples of both types of changes. 

1424 EPA is not proposing to include an exemption for products made with ULEF-based resin. EPA 

1425 believes that producers of composite wood product panels should be encouraged to move away 

1426 from formaldehyde-based resins altogether and that special incentives should be provided for 

1427 those panel producers who have made the change. In addition, EPA believes that the use of 

1428 NAF-based resin is a more reliable way of ensuring that formaldehyde emissions from a 

1429 particular product remain low over time, regardless of environmental conditions, such as heat 

1430 and humidity. In contrast, Although this proposal contains a ULEF reduced testing provision, 

1431 EPA requests comment on the utility of this option. It is EPA’s understanding that very few 
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1432 manufacturers have sought the ULEF reduced testing provision under the CARB ATCM in lieu 

1433 of the total exemption from TPC oversight and formaldehyde emissions testing requirements

1434 after the initial testing period. As such, EPA anticipates that the vast majority of ULEF resin1435 based composite wood product manufacturers will apply for the full exemption from TPC 

1436 oversight and formaldehyde emissions testing after the initial testing period. 

1437 EPA is also requesting comments, information, and data on the broader question of 

1438 giving composite wood products made with ULEF resins preferential treatment under TSCA. 

1439 EPA is particularly concerned with products made with urea-formaldehyde-based resins. EPA 

1440 believes that it is more difficult to ensure that formaldehyde emissions from products made with 

1441 ULEF-based resins remain low over time, regardless of environmental conditions.these resins 

1442 remain low over time, regardless of environmental conditions. It is well known that urea1443 formaldehyde resins can release formaldehyde when exposed to heat and humidity because of 

1444 the chemistry of the resin. There are a number of older studies demonstrating that urea1445 formaldehyde resins have increased emissions in the presence of heat and humidity. For 

1446 example, a 1985 review article analyzes data on the effects of temperature or humidity on 

1447 formaldehyde emissions from urea-formaldehyde bonded particleboard and hardwood plywood 

1448 from numerous studies from 1960-1984 (Ref. 39). This article concludes that formaldehyde 

1449 emissions increased exponentially with increasing temperature. The relationship between 

1450 humidity and formaldehyde emissions was more complex and variable, but the author concludes 

1451 that the relationship was approximately linear.

1452 Since the 1980s, changes have been made to resins to lower formaldehyde emissions; for 

1453 example, the ratio of formaldehyde to urea is often lower, and sometimes scavengers are added 

1454 to the resin. Several recent emission studies have been conducted on composite wood products 
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1455 that have been produced to meet stringent emission standards. A study on a hardwood plywood 

1456 product made with urea-formaldehyde resin and a similar hardwood plywood product made with 

1457 a NAF resin demonstrated that the urea-formaldehyde product emitted more formaldehyde as the 

1458 temperature and relative humidity increased. The study reports that both products met the 

1459 CARB Phase 2 standard when initially tested in a small chamber under the test conditions 

1460 specified by the method, i.e., 25 degrees Celsius and 50% relative humidity (Ref. 3640). 

1461 However, when the urea-formaldehyde product was tested at 35 degrees Celsius and 100% 

1462 relative humidity, its formaldehyde emissions increased by more than 31 times compared with 

1463 the emissions measured at 25 degrees Celsius and 30% relative humidity. In contrast, the 

1464 formaldehyde emissions from the NAF product only increased slightly (less than 4 times) over 

1465 the same change in temperature and humidity conditions. In addition, for the NAF product, total 

1466 formaldehyde emissions reached a plateau and decreased rapidly after a few days under all of the 

1467 test conditions. EPA requests comment on whether there should be an exemption similar to the 

1468 CARB exemption for products made with ULEF-based resins, or whether another type of 

1469 incentive should be offered for products made with ULEF-based resins, and the basis for the 

1470 exemption.

1471 Riedlinger et al measured formaldehyde emissions from four types of particleboard (PB) 

1472 panels (made with UF, phenol-formaldehyde (PF), melamine-urea-formaldehyde (MUF), and 

1473 polymeric diphenylmethane diisocyanate (pMDI) resins), one of which (the PF product) was 

1474 certified as a ULEF panel under the CARB ATCM (Ref. 41). Testing was conducted at both the 

1475 standard temperature/relative humidity conditions and at 30 °C and 75% relative humidity using 

1476 ASTM D-6007 and the Dynamic Microchamber Method (Refs. 29, 33) for up to 50 days. 

1477 Aspects of the testing confound comparisons of the data; for example, testing at the standard and 
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1478 elevated temperature/relative humidity conditions was conducted in two different laboratories, 

1479 using different sampling procedures and analytical methods, with sampling at different time 

1480 points. Nonetheless, the study appears to show that formaldehyde emissions from panels made 

1481 with all four resin types increased by factors of 2 to 3 under the elevated temperature/relative 

1482 humidity conditions. Emissions from panels made with two non-UF resin types (i.e., PF and 

1483 pMDI) never exceeded the numerical emission limit of 0.09 ppm for PB, even at elevated 

1484 conditions, whereas emissions from panels made with the UF resins (i.e., UF and MUF) 

1485 exceeded that numerical emission limit at elevated temperature and relative humidity until about 

1486 20 or 25 days after the start of the testing.

1487 EPA also recently conducted a study to investigate the effects of temperature and 

1488 humidity on formaldehyde emissions from hardwood plywood made with different types of 

1489 resins (Ref. 42). A CARB approved third-party certifier tested commercial hardwood plywood 

1490 products certified as NAF or ULEF under the CARB ATCM using ASTM D-6007-02 (small 

1491 chamber testing) at two different temperatures (25 °C and 30 °C) and three different relative 

1492 humidities (50%, 70%, and 85%). The results demonstrate that while formaldehyde emissions 

1493 increased from all panels with increasing temperature, the effect of temperature on emissions 

1494 from ULEF panels made with urea-formaldehyde (ULEF-UF) was up to three times greater than 

1495 on the NAF panels made with an acrylic resin or the ULEF panels made with phenol1496 formaldehyde. All formaldehyde emissions from the ULEF-UF panel exceeded the numerical 

1497 emission limit for ULEF panels (0.05 ppm) except under standard conditions, while, in almost all 

1498 cases, despite the chamber conditions, formaldehyde emissions for the ULEF-PF and NAF1499 acrylic panels were below the numerical emission standard.

1500 Given this information, EPA requests comment on whether there should be a reduced 
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1501 testing option or a TPC exemption available to products made with ULEF resins. EPA also 

1502 requests comment on whether the ULEF provisions should be limited to products made with a 

1503 subset of ULEF resins that do not contain urea-formaldehyde polymer—in other words, limited 

1504 to no-added urea formaldehyde-based (NAUF) resins. EPA believes that encouraging the use of 

1505 NAUF resins is a more reliable way of ensuring that formaldehyde emissions from a particular 

1506 product remain low over time, regardless of environmental conditions, such as heat and 

1507 humidity. 

1508 G. De Minimis Exception

1509 Section 601(d)(2)(L) of TSCA allows EPA to promulgate, for products and components 

1510 containing de minimis amounts of composite wood products, an exception to all of the 

1511 requirements of the implementing regulations other than the formaldehyde emission standards. 

1512 After due consideration, EPA has decided not to propose an exception from any of the regulatory 

1513 requirements for products containing de minimis amounts of composite wood products. EPA 

1514 does not have data on the emission levels of such products, nor does EPA know of any 

1515 information that suggests that such products would not have formaldehyde emissions that exceed 

1516 the statutory emission standards. In addition, EPA has not identified any apparent dividing line 

1517 between products that contain de minimis amounts of composite wood products and other 

1518 products. EPA requests comment, information and data on whether there should be such an 

1519 exception, how the exception should be delineated, and what regulatory provisions should apply 

1520 or not apply to such products. EPA notes that any decision on this particular exception would 

1521 not affect the statutory exemption from the emission standards for windows, exterior doors, and 

1522 garage doors made with small amounts of composite wood products. 

1523 H. Chain-of-Custody, Recordkeeping, and Labeling Requirements 
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1524 Section 601(d)(2) of TSCA Title VI also directs EPA to consider chain of custody, 

1525 recordkeeping, and labeling requirements. For labeling, EPA is proposing requirements that 

1526 generally follow the approach taken in the CARB ATCM because EPA believes that this 

1527 approach supports compliance with the TSCA Title VI emission standards while not being 

1528 unduly burdensome. With respect to chain of custody and recordkeeping requirements, EPA is 

1529 proposing requirements similar to that of the CARB ATCM for entities that are manufacturers 

1530 under TSCA. This includes entities who import, produce, or manufacture composite wood 

1531 panels, component parts, or finished goods. Again, EPA believes that this approach supports 

1532 compliance with TSCA Title VI without undue burden. However, for distributors and retailers 

1533 who are not manufacturers under TSCA, EPA is proposing that they only be required to keep 

1534 invoices and bills of lading. EPA has determined that these ordinary business records would 

1535 provide enough information to enable EPA to trace back a particular composite wood product to 

1536 the panel producer and thus allow EPA to monitor compliance with TSCA Title VI. Each of 

1537 these proposed requirements is discussed in more detail in this Unit. 

1538 1. Chain of custody and recordkeeping requirements. Most records would have to be 

1539 kept for a period of five3 years from the date that they are generated. In addition, all records that 

1540 would be required by this proposal would also have to be provided to EPA upon request to 

1541 facilitate EPA’s compliance monitoring activities. 

1542 Producers of hardwood plywood, particleboard, and medium-density fiberboard panels 

1543 would be required to maintain records of quarterly emission testing and records of quality control 

1544 testing. These records would have to identify the accredited TPC conducting or overseeing the 

1545 testing, and would include the date, the product type tested, the lot or batch number that the 

1546 tested material represents, and the test results. In addition, panel producers would have to 
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1547 maintain the following records: 

1548 • Production records, including a description of the composite wood product(s), date of 

1549 manufacture, lot or batch numbers, and tracking information allowing each product to be traced 

1550 to a specific lot number or batch produced; 

1551 • Changes in production, including changes in resin use, resin composition, and changes 

1552 in the process, e.g., press time; 

1553 • Purchaser information for each composite wood product, if applicable, including name, 

1554 contact person, address, phone number, purchase order or invoice number, and amount 

1555 purchased; 

1556 • Transporter information for each composite wood product, if applicable, including 

1557 name, contact person, address, phone number, shipping invoice number, and amount transported; 

1558 and 

1559 • Information on the disposition of non-complying lots or batches, including product type 

1560 and amount of composite wood products affected, lot or batch numbers, mitigation measures 

1561 used, results of retesting, and final disposition of the lots or batches. 

1562 In addition, laminated product producers whose products are exempt from the definition 

1563 of hardwood plywood would have to maintain records demonstrating use of a NAF resin, 

1564 including the resin trade name, resin manufacturer contact information, and resin supplier contact 

1565 information, or, if the resin is made in-house, records sufficient to demonstrate that the resin is a 

1566 NAF resin. 

1567 In order to assist customers such as fabricators, distributors, importers, and retailers in 

1568 determining whether they are purchasing compliant composite wood products, EPA would 

1569 require that all records pertaining to the compliance status of a particular lot, batch, or shipment 
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1570 of composite wood products be provided to purchasers upon request. EPA realizes that some of 

1571 the information contained in these records is information that manufactures might claim as 

1572 Confidential Business Information (CBI) in other contexts. While information collected under 

1573 TSCA may be entitled to confidential treatment if it meets the standard for Exemption 4 in the 

1574 Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(4), TSCA provides that health and safety 

1575 studies and data derived from health and safety studies, are not entitled to confidential treatment, 

1576 irrespective of the Exemption 4 standard, unless the data derived from such studies disclose 

1577 confidential processes used in the manufacturing or processing of a chemical substance or 

1578 mixture or, in the case of a mixture, the release of data disclosing confidential portion of mixture 

1579 information. 

1580 TSCA defines a "health and safety study" as any study of any effect of a chemical 

1581 substance or mixture on health or the environment or on both, including underlying data and 

1582 epidemiological studies, studies of occupational exposure to a chemical or mixture, 

1583 toxicological, clinical, and ecological studies of a chemical or mixture, and any test performed 

1584 pursuant to TSCA (15 U.S.C. 2602(6)). Because the testing required by TSCA Title VI and the 

1585 implementing regulations would be “any test performed pursuant to the Act,” such tests would 

1586 be health and safety studies. Therefore, under TSCA, the formaldehyde emission test results of 

1587 specific products are not entitled to confidential treatment. The names of the producers of panels 

1588 for which formaldehyde emission data are generated similarly are not entitled to confidential 

1589 treatment, analogous to how EPA treats the confidentiality of chemical identities in health and 

1590 safety studies. It is a long established principle that the chemical name is part of, or underlying 

1591 data to, a health and safety study. (See 40 CFR 716.3; 40 CFR 720.3(k)) The rationale for this is 

1592 that the chemical name provides context for the study results, i.e., the test relates to a specific 
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1593 chemical. Without knowing the chemical name, there is no basis for understanding the results of 

1594 the test. 

1595 The same principle applies to producer names. The requirement to test formaldehyde 

1596 emissions from specific composite wood products produced by specific panel producers, and an 

1597 obligation to make those results available to downstream purchasers so that purchasers can 

1598 determine whether they are purchasing compliant products, is integral to TSCA Title VI and 

1599 these implementing regulations. In order to have context, the raw emission numbers must be 

1600 linked to the products tested. For this reason, the product name and the producer of the product 

1601 constitute part of, or are underlying data to, a health and safety study. Therefore under TSCA, 

1602 the product and panel producer name are not entitled to confidential treatment. 

1603 Producers of hardwood plywood, particleboard and medium-density fiberboard panels 

1604 using NAF-based resins or ULEF resins who qualify for the reduced testing and third-party 

1605 certification requirements discussed in Unit III.F. would have to maintain records demonstrating 

1606 initial eligibility for the reduced testing. In addition, the panel producer would have to keep 

1607 records documenting the following for each product type: 

1608 • The amount of resin use by volume and weight; 

1609 • Production volume, reported as square feet per product type; 

1610 • Resin trade name, resin manufacturer contact information, and resin supplier contact 

1611 information; 

1612 • Changes in the production method, including changes in press time by more than 20 

1613 percent; and 

1614 • Changes in the resin formulation. 

1615 Importers, fabricators of finished goods that incorporate composite wood products, 
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1616 laminated product producers whose products are exempt from the definition of hardwood 

1617 plywood, distributors, and retailers would be required to take steps to ensure that they are 

1618 purchasing composite wood products or component parts that comply with the emission 

1619 standards. Importers, fabricators, and laminated product producers would be required to 

1620 document these steps. In general, this means that the importer, fabricator, or producer would be 

1621 required to obtain from the supplier records identifying the panel producer(s) that produced the 

1622 composite wood products and the dates that the products were manufactured and purchased from 

1623 the panel producer(s), and bills of lading or invoices that include a written affirmation from the 

1624 supplier that the composite wood products are compliant with this subpart. EPA requests 

1625 comment on what documentation ought to be required of distributors and retailers in this regard. 

1626 For example, should distributors and retailers be required to obtain bills of lading or invoices 

1627 from their suppliers that include a written affirmation that the composite wood products are 

1628 compliant with this subpart? Or should distributors and retailers be required to obtain the same 

1629 records that EPA is proposing to require for importers, fabricators, and laminators? In addition, 

1630 laminated product producers whose products are exempt from the definition of hardwood 

1631 plywood would have to maintain records demonstrating use of a NAF resin, including the resin 

1632 trade name, resin manufacturer contact information, and resin supplier contact information, or, if 

1633 the resin is made in-house, records sufficient to demonstrate that the resin is a NAF resin. 

1634 For distributors and retailers who do not import, produce, or manufacture composite 

1635 wood panels, component parts, or finished goods, EPA is proposing to require that they maintain 

1636 invoices and bills of lading. The invoices and bills of lading would not be required to contain an 

1637 affirmation by the supplier that the goods comply with TSCA Title IV. EPA believes that 

1638 invoices and bills of lading are usually kept by most distributors and retailers already, as part of 
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1639 their general recordkeeping practices. EPA has determined that these records will enable EPA to 

1640 identify the producer or importer of composite wood panels, component parts, or finished goods 

1641 being sold by distributors and retailers. For finished goods, this will allow EPA to ultimately 

1642 identify the producer of the composite wood panels that make up the finished goods. Without 

1643 imposing additional recordkeeping burdens on most distributors and retailers, this requirement 

1644 will allow EPA to effectively monitor compliance with TSCA Title VI. 

1645 Entities that fit within two or more of these recordkeeping categories, such as a fabricator 

1646 of finished goods who also buys finished goods for resale, or a distributor that buys finished 

1647 goods from both foreign and domestic companies for resale, would be required to keep only the 

1648 records for each product that correspond to the activities the entity undertook with respect to that 

1649 product. For example, a domestic fabricator of finished goods who also buys domestic finished 

1650 goods and sells both categories of finished goods to a domestic distributor for resale would have 

1651 to keep the records required for fabricators on those products that the fabricator produces, and 

1652 invoices and bills of lading only for those finished goods that the fabricator buys and resells. A 

1653 distributor who purchases both foreign and domestic finished goods for resale would be required 

1654 to keep the following records: 

1655 • For foreign finished goods that the distributor imports, records identifying the panel 

1656 producer(s) that produced the composite wood products and the dates that the products were 

1657 manufactured and purchased from the panel producer(s) as well as bills of lading or invoices 

1658 that include a written affirmation from the supplier that the composite wood products are 

1659 compliant with this subpart. 

1660 • For domestic finished goods, only invoices and bills of lading, which need not contain a 

1661 written compliance affirmation from the supplier. 
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1662 For imported finished goods, only the importer would be responsible for keeping the records 

1663 identifying the panel producer and the date that the composite wood products were 

1664 manufactured. For example, if the importer sells the goods to a domestic distributor, who then 

1665 sells them to a domestic retailer, only the importer would have to keep the additional records. 

1666 The domestic distributor and retailer would only be required to keep invoices and bills of lading. 

1667 With respect to home builders or producers of goods such as modular homes, 

1668 manufactured homes, or recreational vehicles that contain composite wood products, EPA will 

1669 generally consider these entities to be either fabricators or retailers for recordkeeping purposes,

1670 depending on their activities with respect to composite wood products. For example, a home 

1671 builder or manufactured home producer who purchases finished kitchen cabinets made of 

1672 composite wood products from another entity, installs them in the home, and then sells the home 

1673 to a consumer would be considered to be a retailer so long as no major modifications were made 

1674 to the cabinets in the process of installing them. In contrast, a manufactured home producer 

1675 would be considered a fabricator if the producer purchased finished composite wood panels, cut 

1676 them into shelves or countertops, edge-banded them, and then installed them into a manufactured 

1677 home and sold the home to a consumer. EPA believes that this approach is consistent with 

1678 CARB’s approach (Ref. 43, Questions 87, 89, and 91). These entities may also be importers if 

1679 they import composite wood products, or components made with composite wood products, for 

1680 installation into their homes or recreational vehicles. EPA requests comment on how the

1681 definition of “fabricator” and the record keeping requirements for fabricators would affect 

1682 manufactured home producers.

1683 In order for this recordkeeping system to function effectively, allowing EPA to determine 

1684 the source of the composite wood products that make up an imported finished good, the records 
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1685 required to be kept by the importer would have to be accessible to EPA. EPA requests comment 

1686 on alternative ways to ensure that this is the case. For example, EPA could require importer 

1687 records to be maintained in the United States, either at the importer’s place of business or at a 

1688 registered agent’s. Or EPA could require an electronic copy of the importer records to be 

1689 available in the United States at the importer’s place of business or with the importer’s registered 

1690 agent. 

1691 2. Labeling. The CARB ATCM requires that each panel or bundle of regulated 

1692 composite wood products be labeled with the manufacturer name; product lot number or batch 

1693 produced; markings that denote the product complies with the applicable Phase 1 or Phase 2 

1694 emission standards; markings if the product was made using ULEF or NAF-based resins; the 

1695 CARB assigned number of the TPC; and a statement of compliance on the bill of lading or 

1696 invoice. 

1697 EPA is proposing similar labeling requirements. Under this proposal, panels or bundles 

1698 of panels that are sold, supplied, or offered for sale in the United States would have to be labeled 

1699 with the name of the panel producer, the lot or batch number, the number of the accredited TPC, 

1700 and markings indicating that the product complies with the TSCA Title VI emission standards. 

1701 Labels for products produced under the NAF exemptionor ULEF exemptions discussed in Unit 

1702 III.F. would also have to include the designation “no-added formaldehyde” or “ultra low1703 emitting formaldehyde.” There would also have to be a statement of compliance on the bill of 

1704 lading or invoice. As is required under CARB, distributors, Distributors and wholesalers, and 

1705 retailers who receive labeled bundles of regulated composite wood products and then divide and 

1706 repackage them, whether in bundles or separately, mustwould be required to label each separate 

1707 bundle or item with the same information as required on the original label. EPA is proposing to 
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1708 define the term “bundle” as more than one composite wood product panel, component part, or 

1709 finished good fastened together for transportation or sale. EPA requests comment on the utility 

1710 of this definition and whether it represents common industry usage. 

1711 EPA is interested in any information or data available on how often retailers receive 

1712 bundles of regulated composite wood products and then divide and repackage them. In addition, 

1713 EPA requests comment on whether these retailers should then be required to label each separate 

1714 bundle or item with the same information as required on the original label. EPA would also be 

1715 interested in comments on other approaches that could be used to convey the information; for 

1716 example, allowing retailers to use signage in the retail display area, which contains the 

1717 information on the label, to meet this requirement in lieu of separate labels on each product once 

1718 debundled. Alternatively EPA requests comment on requiring fabricators and manufacturers to 

1719 label every regulated product separately prior to bundling and also requiring wholesalers, 

1720 distributors, and retailers to maintain those labels at all times. 

1721 Fabricators of finished goods containing composite wood products would be required to 

1722 label every finished good they produce, or every box containing finished goods. As permitted by 

1723 under the CARB ATCM, EPA is proposing to allow the label to be applied as a stamp, tag, 

1724 sticker, or bar code. It would have to include, at a minimum, the fabricator’s name, the date the 

1725 finished good was produced and a marking to denote that the product was made in compliance 

1726 with TSCA Title VI. EPA requests comment on whether a label applied as a bar code should be 

1727 permitted, given that consumers of finished goods may not be able to read bar codes. EPA 

1728 believes that many consumers of finished goods will be aware of the labeling requirements, 

1729 either under the CARB ATCM or TSCA Title VI, and will be looking for a label that indicates 

1730 compliance with the emission standards. 
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1731 EPA proposes to allow boards to be shipped into and around the United States for quality 

1732 control or quarterly tests. These boards may not be sold, offered for sale or supplied to any 

1733 entity other than a TPC laboratory or contract laboratory prior to successful emissions testing. 

1734 These boards or bundles must be labeled “For TSCA Title VI testing only, not for sale in the 

1735 United States.” The boards or bundles may be re-labeled as compliant with TSCA and offered 

1736 for sale once they have successfully completed testing. 

1737 I. Sell-through Provisions and Stockpiling 

1738 TSCA Title VI directs EPA to establish sell-through provisions for composite wood 

1739 products, and finished goods containing regulated composite wood products, based on a 

1740 designated date of manufacture, or “manufactured-by” date. Under the statute, composite wood 

1741 products or finished goods manufactured before the specified manufactured-by date are not 

1742 subject to statutory emission standards or testing requirements. TSCA Title VI states that the 

1743 manufactured-by date must be no earlier than 180 days after promulgation of the final 

1744 implementing regulations, but EPA has the discretion to establish, by rulemaking, a later date. 

1745 The manufactured-by date approach directed by TSCA Title VI differs from the CARB 

1746 ACTM approach, which is based on a sell-through date. CARB established a series of dates by 

1747 which products that are not compliant with all of the CARB requirements must be sold. In 

1748 contrast, TSCA Title VI requires EPA to set a date by which all new products that are 

1749 manufactured must be compliant with the emission standards. This approach should avoid some 

1750 of the implementation issues encountered by CARB. For example, due to the economic 

1751 recession, CARB found it necessary to extend the sell-through dates more than once to allow for 

1752 the slow turnover of preexisting inventory (Ref. 37, 3844, 45). 

1753 TSCA Title VI also directs EPA to prohibit the sale of inventory that was stockpiled, 
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1754 which is defined in the statute as manufacturing or purchasing composite wood products between 

1755 the date the statute was enacted and the manufactured-by date at a rate significantly greater than 

1756 the rate during a particular base period. EPA is directed to define what constitutes “a rate 

1757 significantly greater” and to establish the base period. Under the statute, the base period must 

1758 end before July 7, 2010, the date that the Formaldehyde Standards for Composite Wood Products 

1759 Act was enacted. 

1760 EPA believes that because many products are already CARB ATCM-compliant, and 

1761 because of a low consumer demand for products not CARB ATCM-compliant, stockpiling is not 

1762 likely to be advantageous for manufacturers. During the SBAR Panel process, at least one SER 

1763 commented that consumers were asking for CARB compliant product prior to the end of the 

1764 CARB sell-through periods (Ref. 15). Moreover, EPA believes that the cost of storing 

1765 stockpiled goods would reduce or eliminate any economic advantage to stockpiling. Another 

1766 SER commented that “[g]iven the cost of carrying inventory there is a natural brake on 

1767 accumulating non-complying inventories long before the effective date of the regulation.” (Ref. 

1768 15). 

1769 EPA proposes to set the manufactured-by date at 1 year after publication of the final rule 

1770 in the Federal Register. Although TSCA Title VI allows EPA to set this date at 180 days after 

1771 promulgation of the final implementing regulations, EPA believes that more time will be needed 

1772 to get all of the infrastructure, such as the accredited TPCs, in place and allow panel producers 

1773 time to develop their initial qualifying data for certification. The manufactured-by date would 

1774 apply to both regulated composite wood panels and finished goods containing regulated 

1775 composite wood panels. Composite wood products that can be shown to be manufactured before 

1776 the established manufactured-by date would not be subject to the emissions standards, nor would 
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1777 they be required to be labeled or tested for emissions. Composite wood products manufactured 

1778 before the manufactured-by date could be incorporated into finished goods at any time. 

1779 Retailers, fabricators, and distributors would be permitted to continue to buy and sell these 

1780 composite wood products and finished goods that incorporate these products, because they 

1781 would be considered compliant with TSCA Title VI and its implementing regulations, assuming 

1782 the absence of stockpiling as discussed below. Under TSCA, the term “manufacture” includes 

1783 import, so the “manufactured-by” date would effectively be an “imported-by” date for imported 

1784 goods. 

1785 In order to establish that a regulated composite wood product panel was made before the 

1786 manufactured-by date, the panel producer or importer and any subsequent distributor, retailer or 

1787 fabricator would be required to keep records that document when the product was manufactured. 

1788 In the case of a finished good, any subsequent distributor, retailer or fabricator would be required 

1789 to keep records that document that the composite wood products making up the finished good 

1790 were either manufactured before the manufactured-by date or were manufactured in accordance 

1791 with TSCA Title VI. In order to reduce consumer confusion, products that are made before the 

1792 manufactured-by date would not be labeled as compliant with TSCA Title VI. Selling stockpiled 

1793 regulated composite wood panels and finished goods containing regulated composite wood 

1794 products would be prohibited. EPA proposes to define stockpiling as manufacturing or 

1795 purchasing composite wood products between July 7, 2010, the date that the Formaldehyde 

1796 Standards for Composite Wood Products Act was signed into law by the President, and the 

1797 established manufactured-by date (1 year after the final regulations are promulgated), for the 

1798 purpose of circumventing the TSCA Title VI emission standards, at an average annual rate ten20

1799 percent greater than the amount manufactured or purchased during the 2009 calendar year. For 
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1800 producers of regulated composite wood panels, stockpiling would be measured by square footage 

1801 of regulated composite wood panels produced. For importers and fabricators of finished goods 

1802 containing regulated composite wood products, stockpiling would be measured by the square 

1803 footage of regulated composite wood panels purchased to be incorporated into finished goods. 

1804 In either case, entities that can demonstrate that they have a greater than ten20 percent increase 

1805 in purchasing or production of regulated composite wood panels for some reason other than 

1806 circumventing the emissions standards would not be deemed to be stockpiling. Other reasons 

1807 may include an immediate increase in customer demand or sales, or a planned business 

1808 expansion. EPA requests comment on whether the stockpiling provisions should apply to 

1809 entities that were not in existence at the beginning of calendar year 2009. 

1810 EPA specifically requests comment on whether it is appropriate to set the proposed 

1811 manufactured-by date at the date 1 year after the final implementing regulations are promulgated. 

1812 EPA requests comment on alternate dates, and the rationale, including any available information 

1813 and data, for selecting another date. EPA is also interested in how different manufactured-by 

1814 dates would affect panel producers and fabricators of products that are not regulated under the 

1815 CARB ATCM, but would be regulated under TSCA Title VI. EPA recognizes that increased 

1816 production during the period after the statute was enacted may very well be due to the economic 

1817 recovery and not to a desire on the part of panel producers, importers, and fabricators to 

1818 circumvent the emission standards. EPA requests comment on the proposed stockpiling 

1819 definition, including information and data for alternate baseline periods, rates, and 

1820 measurements. EPA also requests comment on any data that might be available from which to 

1821 derive an appropriate rate for determining potential stockpiling. 

1822 J. Import Certification
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1823 TSCA Title VI directs EPA, in coordination with U.S. Customs and Border Protection 

1824 (CBP) and other appropriate Federal departments and agencies, to revise regulations 

1825 promulgated pursuant to TSCA § 13 as necessary to ensure compliance. The TSCA § 13 

1826 regulations, promulgated by CBP, require importers to certify that shipments of chemical 

1827 substances and mixtures are in compliance with TSCA or not subject to TSCA. EPA believes 

1828 that most, if not all, products subject to TSCA Title VI would be considered articles. Articles, 

1829 defined in 19 CFR § 12.120(a), are generally formed to specific shapes or designs during 

1830 manufacture and have end use functions related to their shape or design. Articles are generally 

1831 exempt from the TSCA § 13 certification requirements, but the regulations at 19 CFR § 

1832 12.121(b) recognize that EPA has the authority to, by regulation or order, make the requirements 

1833 applicable to articles. 

1834 EPA is proposing to specifically require TSCA § 13 import certification for composite 

1835 wood products that are articles. TSCA § 13 import certification is a valuable compliance 

1836 monitoring tool, and import certification for articles subject to TSCA Title VI would also serve 

1837 as an important reminder of the TSCA Title VI requirements to the importer. The certification 

1838 requirement would apply to imports of hardwood plywood, particleboard, and medium-density 

1839 fiberboard panels, as well as finished goods containing such materials. Persons importing 

1840 specifically-exempted products, such as structural or curved plywood, and finished goods 

1841 incorporating such products, would not be required to certify. 

1842 EPA generally believes that the existing import certification regulations, along with the 

1843 specific labeling and recordkeeping requirements for composite wood products discussed in Unit 

1844 III.H., are sufficient to ensure compliance with TSCA Title VI. However, EPA has begun 

1845 consultations with CBP on the TSCA § 13 import regulations to determine whether revisions are 
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1846 warranted. 

1847 K. Enforcement. 

1848 The failure to comply with any provision of TSCA Title VI, or the regulations 

1849 implementing TSCA Title VI, is a prohibited act under TSCA section 15. Any person who 

1850 commits a prohibited act under TSCA section 15 can be held liable for civil and criminal 

1851 penalties. 

1852 L. Report to Congress.

1853 Section 3 of the Formaldehyde Standards for Composite Wood Products Act requires 

1854 EPA to report to Congress on an annual basis beginning in July 2011 and continuing through 

1855 2014. These reports must describe the status of the measures carried out or planned to be carried 

1856 out pursuant to TSCA Title VI and the extent to which relevant industries have achieved 

1857 compliance with the requirements of TSCA Title VI. The statute directs EPA to promulgate 

1858 final implementing regulations by January 1, 2013. EPA is proposing to make the manufactured1859 by date 1 year after the final rule is promulgated, which would mean composite wood products 

1860 manufactured through 1 year after promulgation would not be subject to the emission standards. 

1861 EPA requests comment on how data on industry compliance could or should be obtained, and 

1862 whether a reporting requirement would best accomplish this goal. 

1863 M. HUD’s Manufactured Housing Program

1864 Under the authority of the National Manufactured Housing Construction and Safety 

1865 Standards Act of 1974, 42 U.S.C. 5401 et seq., HUD regulates the construction of all 

1866 manufactured (mobile) homes built in the United States. The HUD standards established 

1867 pursuant to the 1974 Act cover many aspects of manufactured home construction, including body 

1868 and frame requirements, thermal protection, plumbing, electrical, and fire safety. (See 24 C.F.R. 
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1869 Parts 3280 and 3282) HUD oversees the enforcement of the construction standards through third 

1870 party inspection agencies and State governments. 

1871 The HUD standards for manufactured housing include specific formaldehyde emission 

1872 limits for plywood and particleboard materials installed in manufactured housing. In contrast, 

1873 TSCA Title VI covers only hardwood plywood, a subset of plywood. In addition, TSCA Title 

1874 VI also covers MDF, which is not covered by the current HUD standards. The HUD emission 

1875 limits apply to any plywood or particleboard that is bonded with a resin system. In addition, 

1876 HUD’s limits also apply to plywood or particleboard that is coated with a surface finish 

1877 containing formaldehyde. HUD’s current formaldehyde emission limits are 0.2 parts per million 

1878 (ppm) for plywood and 0.3 ppm for particleboard, as measured by ASTM E-1333-96 (Ref. 28). 

1879 These emission limits are higher than those established by the Formaldehyde Standards for 

1880 Composite Wood Products Act of 2010, but Section 4 of the 2010 Act directs HUD to update its 

1881 regulations to ensure that the regulations reflect the standards established by section 601 of 

1882 TSCA. 

1883 EPA is requesting comment on how best to harmonize EPA’s regulatory program under 

1884 TSCA Title VI with HUD’s manufactured homes program. In particular, the focus of TSCA 

1885 Title VI, with its emphasis on composite wood product panel producers and product certification, 

1886 is somewhat different from the focus of the National Manufactured Housing Construction and 

1887 Safety Standards Act of 1974 on manufactured home producers and consumer protection. In 

1888 view of the differences in statutory authorities provided to EPA and HUD, are there additional 

1889 provisions that EPA should consider or other actions that EPA and HUD should take to ensure 

1890 that their respective programs are complementary? 

1891 IV. References 
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1892 As indicated under ADDRESSES, a docket has been established for this rulemaking 

1893 under docket ID number EPA-HQ-OPPT-2011-03802012-0018. The following is a listing of the 

1894 documents that are specifically referenced in this proposed rule. The docket includes these 

1895 documents and other information considered by EPA, including documents that are referenced 

1896 within the documents that are included in the docket, even if the referenced document is not 

1897 physically located in the docket. For assistance in locating these other documents, please consult 

1898 the technical contact listed under FOR FURTHER INFORMATION CONTACT. 

1899 1. US Environmental Protection Agency (EPA). Formaldehyde; Third-Party Certification 

1900 Framework for the Formaldehyde Standards for Composite Wood Products Rule. Federal 

1901 Register. XX FR XXXXX (XXXX). 

1902 2. California Environmental Protection Agency Air Resources Board. Airborne Toxic 

1903 Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products. Final 

1904 Regulation Order. April 2008. 

1905 http://www.arb.ca.gov/regact/2007/compwood07/compwood07.htm

1906 3. Agency for Toxic Substances and Disease Registry (ATSDR). 1999. Toxicological 

1907 Profile for Formaldehyde and 2010 Addendum to the Profile. Atlanta, GA: U.S. Department of 

1908 Health and Human Services, Public Health Service. 

1909 4. National Toxicology Program, U.S. Department of Health and Human Services (HHS), 

1910 12th Report on Carcinogens, June 10, 2011. 

1911 5. USEPA Office of Research and Development (ORD). Formaldehyde. Integrated Risk 

1912 Information System (IRIS). 1991. http:// www.epa.gov/iris/subst/0419.htm. 

1913 6. USEPA Office of Air and Radiation (OAR). National Emission Standards for 

1914 Hazardous Air Pollutants: Plywood and Composite Wood Products; List of Hazardous Air 
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1915 Pollutants, Lesser Quantity Designations, Source Category List; Final Rule. Federal Register 

1916 (71 FR 8341, February 16, 2006) (FRL–8028–9). http://www.epa.gov/ttn/atw/plypart/ 

1917 fr16fe06.pdf. 

1918 7. USEPA, ORD. Memorandum from Peter Preuss to Steve Page entitled 

1919 “Recommendation for Formaldehyde Inhalation Cancer Risk Values” (January 22, 2010). 

1920 8. USEPA, ORD. IRIS Toxicological Review of Formaldehyde-Inhalation Assessment 

1921 (2010 External Review Draft). 

1922 http://cfpub.epa.gov/ncea/iris_drafts/recordisplay.cfm?deid=223614. 

1923 9. National Research Council of the National Academy of Sciences (NASNRC). Review 

1924 of the Environmental Protection Agency's Draft IRIS Assessment of Formaldehyde (2011). 

1925 http://www.nap.edu/catalog.php?record_id=13142. 

1926 10. USEPA Approach Document (2011Approach to Assessing Non-cancer Health Effects 

1927 from Formaldehyde and Benefits from Reducing Non-cancer Health Effects as a Result of 

1928 Implementing Formaldehyde Emission Limits for Composite Wood Products (2013). 

1929 11. USEPA. Formaldehyde Emissions from Composite Wood Products; Disposition of 

1930 TSCA Section 21 Petition; Notice. Federal Register (73 FR 36504, June 27, 2008). 

1931 12. American National Standards Institute (ANSI)/Hardwood Plywood and Veneer 

1932 Association (HPVA). American National Standard for Hardwood and Decorative Plywood, 

1933 ANSI/HPVA HP-1-2009. 

1934 13. US Department of Commerce (DOC), National Institute of Standards and Technology 

1935 (NIST), Technology Administration. Voluntary Product Standard PS-1-07 (2007), Structural 

1936 Plywood. 

1937 14. USDOC, NIST. Voluntary Product Standard PS-2-04 (2004), Performance Standard 
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1938 for Wood-Based Structural-Use Panels. 

1939 15. USEPA. Report of the Small Business Advocacy Review Panel on EPA’s Planned 

1940 Proposed Rule Implementing the Formaldehyde Standards for Composite Wood Products Act 

1941 (TSCA Title VI) (Apr. 4, 2011). 

1942 16. Composite Panel Association (CPA). VOC Emission Barrier Effects of Laminates, 

1943 Overlays and Coatings for Particleboard, Medium Density Fiberboard (MDF) and Hardboard 

1944 (2003), available at 

1945 http://www.pbmdf.com/cpa30/files/ccLibraryFiles/Filename/000000000738/TB%20VOC.pdf. 

1946 17. HPVA. Comments of the Hardwood Plywood and Veneer Association (HPVA) 

1947 Submitted to the Environmental Protection Agency (EPA) on the Advanced Notice of Proposed 

1948 Rulemaking (ANPR) for Formaldehyde from Certain Wood Products (March 19, 2009). 

1949 18. ANSI. American National Standard for Particleboard A208.1–2009. 

1950 19. ANSI. American National Standard for Medium Density Fiberboard (MDF) for 

1951 Interior Applications, ANSI A208.2–2 2009. 

1952 20. ANSI. American National Standard, Basic Hardboard, ANSI A135.4 2004. 

1953 21. ANSI. American National Standard, Prefinished Hardboard Paneling, ANSI A135.5 

1954 2004. 

1955 22. ANSI. American National Standard, Hardboard Siding, ANSI A135.6 2006. 

1956 23. ANSI. American National Standard, Basic Hardboard, ANSI A135.4-2012.

1957 24. ANSI. American National Standard, Prefinished Hardboard Paneling, ANSI A135.5-

1958 2012.

1959 25. ANSI. American National Standard, Engineered Wood Siding, ANSI A135.6-2012. 

1960 26. Kelly, T. I., D. L. Smith, J. Satola. Emission Rates of Formaldehyde from Materials 
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1961 and Consumer Products Found in California Homes. Environmental Science & Technology Vol. 

1962 33: 81-88 (1999). 

1963 2427. Georgia Pacific LLC. Letter (August 15, 2011). 

1964 2528. ASTM International. ASTM E-1333-96, Standard Test Method for Determining 

1965 Formaldehyde Concentrations in Air and Emission Rates from Wood Products Using a Large 

1966 Chamber. 

1967 2629. ASTM International. ASTM D-6007-02 (2008), Standard Test Method for 

1968 Determining Formaldehyde Concentrations in Air from Wood Products Using a Small-Scale 

1969 Chamber. 

1970 2730. ASTM International. ASTM D 5582-00 (2006), Standard Test Method for 

1971 Determining Formaldehyde Levels from Wood Products Using a Desiccator. 

1972 2831. ASTM International. ASTM E-1333-10, Standard Test Method for Determining 

1973 Formaldehyde Concentrations in Air and Emission Rates from Wood Products Using a Large 

1974 Chamber. 

1975 2932. CEN, European Committee for Standardization. EN 717-2 (1995), Wood-based 

1976 panels. Determination of formaldehyde release-Formaldehyde release by the gas analysis 

1977 method, English Version. 

1978 33. Huber, C.W., Anderson, W.H., Vieira, J. W., and Liles, W.T., The Dynamic

1979 Microchamber Computer Integrated Formaldehyde Test System: User Manual, revised version

1980 (March 2007); available at www.gp-dmc.com30. Dynamic Micro Chamber method.

1981 31.

1982 34. CEN, European Committee for Standardization. EN 120 (1992), Wood based panels. 

1983 Determination of formaldehyde content-Extraction method called the perforator method, English 
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1984 Version. 

1985 3235. Japanese Standards Association, Japanese Industrial Standards. JIS A 1460 (2001), 

1986 Building boards determination of Formaldehyde emission-Desiccator method, English Version. 

1987 3336. Composite Panel Association, Formaldehyde Grademark Program Quality 

1988 Assurance Manual (January 1, 2007). 

1989 34. CARB Supplemental Analysis.

1990 3537. CARB. Supplemental Analysis Supporting the Test for Demonstrating Equivalence 

1991 between Primary and Secondary Methods for Measuring Formaldehyde Emissions from 

1992 Composite Wood Products (January 2008). 

1993 38. CARB. Third Party Certification Guideline: Establishing a Correlation with an 

1994 Acceptable Correlation Coefficient (“r” Value), Guideline No. 10-001 (June 8, 2010). 

1995 3639. Myers, G.E. The effects of temperature and humidity on formaldehyde emission 

1996 from UF-bonded boards: a literature critique. Forest Prod. J. 35(9):20-31 (1985).

1997 40. Frihart, C.R., Wescott, J.M., Birkeland, M. J., and Gonner, K.M. “Formaldehyde 

1998 Emissions from ULEF- and NAF-Bonded Commercial Hardwood Plywood as Influenced by 

1999 Temperature and Relative Humidity.” Proceedings of the International Convention of Society of 

2000 Wood Science and Technology and United Nations Economic Commission for Europe—Timber 

2001 Committee, October 11-14, 2010, Geneva, Switzerland. 

2002 http://www.fpl.fs.fed.us/documnts/pdf2010/fpl_2010_frihart005.pdf. 

2003 3741. Riedlinger, D., Martin, P., and Holloway, T. Particleboard Formaldehyde 

2004 Emissions and Decay under Elevated Temperature and Humidity Conditions, study conducted 

2005 for Arclin, (March 28, 2012).

2006 42. USEPA. Measuring Formaldehyde Emissions from Low Emitting Hardwood 
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2007 Plywood Panels under Different Conditions of Temperature and Relative Humidity (March 

2008 2013).

2009 43. CARB. Composite Wood Products ATCM Frequently Asked Questions (Version 6 –

2010 August, 2012).

2011 44. CARB. Composite Wood Products Regulation Advisory: 10-01, Extension of Sell2012 Through Date for Distributors, Fabricators, and Retailers of Pre-Phase 1 Finished Goods (July 

2013 2010). 

2014 3845. CARB. Composite Wood Products Regulation Advisory: 11-01, Extension of Sell2015 Through Dates for Distributors, Importers, Fabricators, and Retailers of Finished Goods 

2016 Containing Phase 1 Hardwood Plywood - Veneer Core and Distributors of Phase 1 Particleboard 

2017 and Medium Density Fiberboard Panels (May 2011). 

2018 3946. USEPA. Economic Analysis of the Formaldehyde Standards for Composite Wood 

2019 Products Act Implementing Regulations Proposed Rule (Economic Analysis) (February 

2020 2012April 2013). 

2021 4047. Hanrahan, L. P., K. A. Dally, H. A. Anderson, M. S. Kanarek and J. Rankin. 

2022 Formaldehyde vapor in mobile homes: a cross sectional survey of concentrations and irritant 

2023 effects. Am. J. Public Health. 74: 1026-1027 (1984). 

2024 41. McGwin,48. Neghab, M., A. Soltanzadeh, and A. Choobineh. Respiratory morbidity 

2025 induced by occupational inhalation exposure to formaldehyde. Industrial Health, 49(1), 89-94 

2026 (2011).

2027 49. Herbert, F.A., P.A. Hessel, L.S. Melenka, K. Yoshida, and M. Nakaza. Respiratory 

2028 consequences of exposure to wood dust and formaldehyde of workers manufacturing oriented 

2029 strand board. Arch. Environ. Health 49(6):465–470 (1994).
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2030 50. Malaka, T., and A.M. Kodama. Respiratory health of plywood workers 

2031 occupationally exposed to formaldehyde. Arch. Environ. Health 45:288–294 (1990).

2032 51. Alexandersson, R., and G.,. Hedenstierna. Pulmonary function in wood workers 

2033 exposed to formaldehyde: A prospective study. Arch. Environ. Health 44:5–11 (1989).

2034 52. Horvath, E, Jr., J. LienertAnderson, W.E. Pierce, L. Hanrahan, and J. I. Kennedy, Jr. 

2035 FormaldehydeD. Wendlick. Effects of formaldehyde on the mucous membranes and lungs: A 

2036 study of an industrial population. JAMA 259:701–707 (1988).

2037 53. Holmström, M., and B. Wilhelmsson. Respiratory symptoms and pathophysiological 

2038 effects of occupational exposure to formaldehyde and wood dust. Scand J Work Environ Health 

2039 14:306−311 (1988).

2040 54. Alexandersson, R., G. Hedenstierna, and B. Kolmodin-Hedman. Exposure and 

2041 Asthma in Children: A Systematic Review. Environmental Health Perspectives. 118: 313-317 

2042 (March 2010to formaldehyde effects on pulmonary function. Arch. Environ. Health 37:279–284 

2043 (1982). 

2044 4255. Garrett, M.H., M.A. Hooper, B.M. Hooper, P.R. Rayment, and M.J. Abramson. 

2045 Increased risk of allergy in children due to formaldehyde exposure in homes. Allergy 34:330–

2046 337 (1999).

2047 56. Krzyzanowski, M. J.J. Quackenboss, and M.D. Lebowitz. Chronic respiratory effects 

2048 of indoor formaldehyde exposure. Environ. Res. 52:117–125 (1990).

2049 57. Taskinen, H. K., P. Kyyronen, M. Sallmen, S. V. Virtanen, T. A. Liuldwnen, O. 

2050 Huida, M. L. Lindbohm and A. Anttila. Reduced Fertility Among Female Wood Workers 

2051 Exposed to Formaldehyde. American Journal of Industrial Medicine. 36: 202-221 (1999). 

2052 4358. Taskinen, H. K., P. Kyyronen, K. Hemminki, M. Holkkala, K. Lajunen, and M. L. 
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2053 Lindbohm. Laboratory Work and Pregnancy Outcome. J. Occup. Med. 36 (3): 311-319 (1994).

2054 59. John, E.M., D.A. Savitz, and C.M. Shy. Spontaneous Abortions among 

2055 Cosmetologists. Epidemiology 5 (2): 147-55 (1994).

2056 60. USEPA. Information Collection Request (ICR) for the Formaldehyde Emission 

2057 Standards for Composite Wood Products Act Implementing Regulations (Proposed Rule). EPA 

2058 ICR No. 2446.01 and OMB No. 2070-[NEW]. 

2059 4461. USEPA. Initial Regulatory Flexibility Analysis for Formaldehyde Emission 

2060 Standards for Composite Wood Products; Proposed Rule (February 2012April 2013). 

2061 4562. USEPA. Unfunded Mandates Reform Act Statement. Formaldehyde Emission 

2062 Standards for Composite Wood Products; Proposed Rule (February 2012April 2013). 

2063 V. Statutory and Executive Order Reviews

2064 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 

2065 Improving Regulation and Regulatory Review 

2066 

2067 Under section 3(f)(1) of Executive Order 12866 (58 FR 51735, October 4, 1993), this 

2068 action is an "economically“ significant regulatory action” because it is likely to have an annual 

2069 effect on the economy of $100 millionraises novel legal or more in the first year of 

2070 implementationpolicy issues. Accordingly, EPA submitted this action to the Office of 

2071 Management and Budget (OMB) for review under Executive Orders 12866 and 13563 (76 FR 

2072 3821, January 21, 2011) and any changes made in response to OMB recommendations have been 

2073 documented in the docket for this action. 

2074 EPA has prepared an analysis of the potential costs and benefits associated with this 

2075 rulemaking. This analysis is contained in the Economic Analysis of the Formaldehyde Standards 

2076 for Composite Wood Products Act Implementing Regulations Proposed Rule (Economic 

2077 Analysis, Ref. 3946) and is briefly summarized herein Table 2, and in more detail below. 
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2078 Table 2. Summary of Costs and Benefits of Proposal

Category Description 

Benefits This proposed rule will reduce exposures to formaldehyde, resulting in benefits from 

avoided adverse health effects. For the subset of health effects where the results were 

quantified, the estimated annualized benefits (due to avoided incidence of asthma, eye 

irritation, and nasopharyngeal cancer and reduced female fertility) are $18420 million to 

$27848 million per year using a 3% discount rate, and $91 million to $13723 million per 

year using a 7% discount rate. There are additional unquantified benefits due to other 

avoided health effects. 

Costs The annualized costs of this proposed rule are estimated at $72 million to $81 million 

per year using a 3% discount rate, and $810 million to $89 million per year using a 7% 

discount rate. 

Effects on State, Local, 

and Tribal Governments 

Government entities are not expected to be subject to the rule’s requirements, which 

apply to entities that manufacture, fabricate, distribute, or sell composite wood products. 

The rule does not have a significant intergovernmental mandate, significant or unique 

effect on small governments, or have Federalism implications. 

Small Entity Impacts This rule would impact nearly 879,000 small businesses: over 851,000 have costs 

impacts less than 1% of revenues, over 23,000 firms have impacts between 1% and 

3%, and over 4,000 firms have impacts greater than 3% of revenues. Most firms with 

impacts over 1% have annualized costs of less than $250 per year. 

Environmental Justice and 

Protection of Children 

This rule increases the level of environmental protection for all affected populations 

without having any disproportionately high and adverse human health or environmental 

effects on any population, including any minority or low-income population or children. 

2079 

2080 1. Entities subject to the rule. EPA analyzed the effect of this proposal on panel 

2081 producers, fabricators, wholesalers (i.e., distributors and importers), and retailers. Due to the 

2082 similarities between this proposal and the CARB ATCM, the incremental costs and benefits of 

2083 this proposal are determined in part by the degree to which firms are already complying with the 

2084 ATCM. So the following discussion of the number of entities subject to the TSCA Title VI rule 

2085 includes an estimate of baseline compliance with the CARB ATCM. These estimates are 

2086 displayed in Table 3.

2087 Mills making hardwood plywood, MDF, or particleboard panels that would be classified 

2088 as a composite wood products under the CARB ATCM are referred to here as stock panel 

2089 producers. Thus, stock panel producers do not include facilities that only make products 

2090 exempted from the CARB ATCM (and that are statutorily excluded from the TSCA Title VI 

2091 rule) such as curved plywood, military specified plywood, structural plywood, and wood-based 

2092 structural-use panels. There are approximately 90 stock panel mills in the U.S., operated by 54 

2093 firms. This count of stock panel producers excludes firms making laminated products that are 
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2094 included in the definition of hardwood plywood. These laminated product producers are 

2095 discussed separately below. 

2096 A total of 79 stock panel mills have been certified as meeting the CARB Phase 2 

2097 standards for at least one of their composite wood products. (The Phase 2 standards are 

2098 equivalent to the emissions standards in this proposal.) The CARB certified mills are 

2099 responsible for virtually all the U.S. production volume of composite wood products. 

2100 Approximately 99.6% of stock hardwood plywood produced in the U.S. is certified as meeting 

2101 the CARB Phase 2 emissions standard, as is 100% of the MDF production and 98% of the 

2102 particleboard production. All of these mills would incur costs for the time spent on rule 

2103 familiarization under the TSCA Title VI program. Some of these mills may also incur costs to 

2104 change raw materials and production processes if they switch from a ULEF certification under 

2105 the CARB ATCM to a NAF certification under (i.e., becoming familiar with the TSCA Title 

2106 VIrequirements of the rule.).

2107 There are 16 U.S. stock panel mills making at least one product that is not certified as 

2108 meeting the CARB Phase 2 standards. (Some of the 90 stock panel mills make both product 

2109 lines that are certified under the CARB ATCM as well as product lines that are not certified 

2110 because they are not intended to be sold in California.) These mills would incur costs for 

2111 certification and testing due to the proposal, and some may incur costs to change raw materials 

2112 and production processes in order to meet the emission standards in this proposal. They would 

2113 also incur costs for rule familiarization and labeling. 

2114 Approximately 7,000 to 14,000 laminated product producers in the U.S. make products 

2115 (such as custom hardwood plywood and architectural panels, windows, doors, kitchen cabinets, 

2116 furniture, architectural woodwork and millwork, engineered wood flooring, and other goods) by 
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2117 affixing veneer to purchased platforms as part of the production process. These laminated 

2118 products are regulated as hardwood plywood under this proposal unless they are made using 

2119 NAF resins to attach the veneer to compliant and certified platforms, in which case they are 

2120 exempted from the definition of hardwood plywood. 

2121 The wood products industry commonly uses the term laminates to describe products that 

2122 are laminated with materials other than veneer, such as high pressure laminate, thermally fused 

2123 paper, vinyl film, decorative foil, or polypropylene film. Such products are not considered to be 

2124 hardwood plywood under this proposal regardless of the type of resin used. So firms making 

2125 these products are considered fabricators (discussed below), and are not counted as laminated 

2126 product producers. 

2127 The estimate of 7,000 to 14,000 laminated product producers excludes firms that use 

2128 veneer to make products that are exempted from the definition of hardwood plywood because 

2129 they do not create panels (flat or raised rectangular pieces of composite wood product) during the 

2130 production process; the products are made by affixing veneer to substrates other than 

2131 particleboard, MDF, or veneer core platforms; or the products are statutorily exempted by TSCA 

2132 Title VI (including products used in boats and aircraft, and products not intended for interior use) 

2133 or otherwise do not qualify as regulated hardwood plywood (such as curved plywood, military 

2134 specified plywood, and structural plywood). 

2135 Since laminated products are not considered to be hardwood plywood under the CARB 

2136 ATCM, they are not certified or tested for emissions under that rule. But in order to be sold in 

2137 California, such products must be made using certified composite wood products as platforms, 

2138 and they must comply with the labeling and chain of custody requirements in the CARB ATCM. 

2139 Nationally, 2,700 to 4,000 of these laminated product producers are assumed to be using 
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2140 formaldehyde-based resins. It is generally less expensive for these firms to switch to a NAF 

2141 resin than to pay for the certification and product testing required for panel producers under this 

2142 proposal. EPA believes that nearly all laminated product producers using formaldehyde-based 

2143 resins to attach wood or woody grass veneer to compliant and certified platforms will switch to 

2144 NAF resins, in order to qualify for the exemption from the definition of hardwood plywood in 

2145 this proposal. EPA assumes that only about 150 to 300 U.S. laminated product producers will 

2146 continue using formaldehyde-based resins, and thus will need to certify and test their products as 

2147 a result of this proposal. 

2148 There are approximately 80,000 fabricators in the U.S. making composite wood products 

2149 into component parts or finished goods, including the 7,000 to 14,000 laminated product 

2150 producers. The other 66,000 to 73,000 fabricators use composite wood products to make goods 

2151 such as architectural components, cabinets, and furniture, without affixing veneer themselves. 

2152 Under the CARB ATCM, fabricated products sold in California must be made using certified 

2153 composite wood products, and they must comply with the ATCM’s labeling and chain of 

2154 custody requirements. Nationwide, approximately 32,000 fabricators (including some laminated 

2155 product producers) are estimated to comply with the labeling and chain of custody requirements 

2156 in the CARB ATCM because their products may be sold in California. Firms that sell any 

2157 products in California typically follow the CARB ATCM’s requirements for all of their products, 

2158 including products that are sold outside of California. Such firms would still incur rule 

2159 familiarization costs due to this proposal. The remaining 48,000 fabricators that do not comply 

2160 with the CARB ATCM because they do not sell any products in California would incur costs to 

2161 comply with the chain of custody requirements in this proposal, as well as rule familiarization 

2162 costs. 
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2163 Approximately 86,000 U.S. distributors (also referred to as wholesalers) are estimated to 

2164 sell goods containing composite wood products. As many as 24,000 wholesalers may be 

2165 importing composite wood panels or component parts or finished goods containing composite 

2166 wood products, and are considered manufacturers under TSCA. (This is the number of firms that 

2167 may import the goods themselves, not those that only buy and sell goods imported by others.) 

2168 Approximately 32,000 of the 86,000 wholesalers have at least one facility in California, and thus 

2169 must comply with the labeling and chain of custody requirements in the CARB ATCM. Of the 

2170 approximately 759,000 retailers in the U.S. that sell products containing composite wood 

2171 products, about 101,000 have at least one facility in California and are following the chain of 

2172 custody requirements in the CARB ATCM. Again, firms that sell any products in California 

2173 typically follow the CARB ATCM’s requirements for all of the products they sell, including 

2174 products that are sold outside of California. All wholesale and retail firms will incur additional 

2175 costs for rule familiarization due to the Title VI rule. Of the 24,000 wholesalers importing 

2176 composite wood products (who are subject to the rule’s recordkeeping requirements for TSCA 

2177 manufacturers), about 15,000 do not have any facilities in California. Wholesalers that 

2178 repackage products may incur additional labeling costs due to this proposal. 

2179 Table 3. Number of Entities in the United States Subject to the Rule

Type TSCA Universe Baseline Condition (CARB ATCM Universe)

Stock panel producers (i.e., 

manufacturers) 

90 mills operated by 

54 firms 

79 mills have been certified by CARB for at least one 

product, but 16 mills make at least one product that is not 

CARB certified. Depending on the product type, 98% to 

100% of U.S. production volume is CARB certified. 

Laminated product 

producers (i.e., laminators) 

7,000 to 14,000 firms Laminators are considered fabricators under the CARB 

ATCM. Nationally, 32,000 of the combined group are subject 

Fabricators 66,000 to 73,000 to CARB ATCM requirements. 

firms 

Wholesalers (i.e., 

distributors) 

86,000 firms, of 

which 24,000 are 

importers. 

32,000 are subject to CARB ATCM requirements, of which 

9,000 are importers. 

Retailers 759,000 firms 101,000 are subject to CARB ATCM requirements. 

Total 925,000 firms

2180 

2181 2. Options evaluated. Congress directed EPA to consider a number of elements for 
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2182 inclusion in the implementing regulations, and EPA considered various options for addressing 

2183 these elements. For many of the provisions, such as the product-inventory sell-through provision 

2184 and the stockpiling prohibition, EPA did not have the data needed to make quantitative estimates 

2185 of the effects of different options. EPA did have sufficient information to analyze several 

2186 different options for how laminated products might be included in the definition of hardwood 

2187 plywood, for the certification of ULEF products, and for the chain of custody and recordkeeping 

2188 required by the rule. The Economic Analysis discusses emissions standards that are different 

2189 from those set in TSCA Title VI. That discussion is simply for informational purposes, and the 

2190 breadth of the discussion should not necessarily imply that EPA has corresponding flexibility in 

2191 implementing the statute. Among the analytical options based on the formaldehyde emission 

2192 standards that are set in Title VI of TSCA, the Economic Analysis includes options to exempt all 

2193 laminated products from the definition of hardwood plywood; not exempt any laminated 

2194 products from the definition; exempt all laminated products except custom plywood and 

2195 architectural panels from the definition; exempt laminated products made by attaching a wood 

2196 veneer to a NAF platform using a NAF resin from the definition; exempt laminated products 

2197 made by attaching a wood veneer to a compliant and certified platform using a NAF resin from 

2198 the definition; and the proposed option to exempt laminated products made by attaching a wood 

2199 veneer to a compliant and certified platform using a NAF resin from the definition combined 

2200 with reduced recordkeeping requirements for firms that do not qualify as manufacturers under 

2201 TSCA (i.e., certain distributors and retailers), and with no requirement for firms to inform their 

2202 suppliers that the products supplied must comply with TSCA Title VI. The options EPA 

2203 analyzed with emissions standards consistent with TSCA Title VI are displayed in Table 4. 

2204 Table 4. Options Analyzed in the Economic Analysis

Option Description

Option SE All laminated products are exempt from the definition of hardwood plywood. 
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Option Description

Option SI All laminated products are included in the definition of hardwood plywood. 

Option SP All laminated products are exempt from the definition of hardwood plywood except 

architectural panels and custom plywood. 

Option SN Laminated products made using NAF resins to attach veneer to platforms certified 

as NAF are exempt from the definition of hardwood plywood. 

Option SC Laminated products made using NAF resins to attach veneer to compliant and 

certified platforms are exempt from the definition of hardwood plywood. 

Proposed Option -

Option SCR 

Laminated products made using NAF resins to attach veneer to compliant and 

certified platforms are exempt from the definition of hardwood plywood; reduced 

recordkeeping requirements for firms that do not qualify as manufacturers under 

TSCA; no requirement to inform suppliers that the products supplied must comply 

with TSCA Title VI. 

Option SEUR All laminated products are exempt from the definition of hardwood plywood; ULEF 

certification allowed; reduced recordkeeping requirements for firms that do not 

qualify as manufacturers under TSCA; no requirement to inform suppliers that the 

products supplied must comply with TSCA Title VI.

Option SFCC All laminated products are exempt from the definition of hardwood plywood; ULEF 

certification allowed; tested lots may be shipped before test results are available.

Proposed Option –

Option SCUR

Laminated products made using NAF resins to attach veneer to compliant 

and certified platforms are exempt from the definition of hardwood plywood; 

ULEF certification allowed; reduced recordkeeping requirements for firms 

that do not qualify as manufacturers under TSCA; no requirement to inform 

suppliers that the products supplied must comply with TSCA Title VI.

2205 

2206 

2207 3. Benefits. Reductions of formaldehyde emissions from composite wood products 

2208 benefits individuals who reside, work, or otherwise spend a substantial amount of time where 

2209 new composite wood products are introduced to an indoor space. The Economic Analysis (Ref. 

2210 3946) estimates the benefits of the options over a 30 year period for lowering formaldehyde 

2211 emissions from composite wood products. 

2212 This benefits analysis uses an age-dependent exposure analysis that includes 

2213 formaldehyde exposure from homes, daycare, schools, workplace, vehicles, and outdoors. For 

2214 each option, there are 3,300 different exposure scenarios derived from 22 different composite 

2215 wood product age/source combinations, 5 structure types, 5 climate zones, and 6 individual 

2216 age/employment status combinations. Changes in exposure are estimated by changing the two 

2217 broad categories where a substantial amount of new composite wood products might be 

2218 introduced: new home construction and major renovations that include kitchen remodeling. 

2219 Changes in the risk of the adverse health outcomes associated with the changes in exposure are 
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2220 estimated for nasopharyngeal cancer and three non-cancer health effects: sensory irritation, 

2221 asthma incidence, and female reproductive toxicity (i.e., reduced fertility).sensory irritation. 

2222 Table 5 displays the benefits for the options described in Table 4.

2223 The total annualizedquantified benefits of the proposed option are between $18420

2224 million and $27848 million per year (in 2010 dollars) using a 3% discount rate, and between 

2225 $919 million and $13723 million per year using a 7% discount rate. Using a 3% discount rate, 

2226 about 85%The majority of the totalquantified benefits are attributable to reductions in asthma 

2227 risk and about 14% are attributable to reductions in cancer risk. Only about 2% of the total 

2228 benefits are attributable to avoiding eye irritation and reduced fertility. The benefits under the 

2229 proposed option (Option SCRSCUR) are less than 45% lower those of the most protective option 

2230 (Option SN). The most protectiveproposed option (Option SN) has benefits that are less than 

2231 2014% larger than the options that exclude laminated products from the definition of hardwood 

2232 plywood (Options SE, SEUR, and SFCC).

2233 There are additional unquantified benefits for all of the least protective option (Option 

2234 SE).options from respiratory and other avoided health effects. While EPA has not valued these 

2235 avoided health effects in this proposal, EPA believes that the effects could be substantial and has 

2236 represented their inclusion in the table below using the letter indicator “B”.

2237 

2238 Table 5. Summary of the Monetized Benefits (millions 2010$)

Summary of the Monetized Benefits (millions 2010$)

Regulatory 

Option

Benefit 

Category

Individuals Affected 

Annually(thousands)

Annual Cases 

Avoided

Annualized Benefits

($ million)

3% Discount 

Rate

7% Discount 

Rate

Option SE

Cancer 106,057 9 to 21 $17 to $38 $8 to $17

Eye Irritation 106,057 22,133 to 170,214 $1 to $4 $0 to $4

Asthma 17,802 to 24,270 2,469 to 3,416 $143 to $202 $71 to $99

Fertility 1,352 1,501 $1 $1
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Total Benefits $162 to $245 $80 to $121

Option SI Same as Option SCR

Option SP Not estimated

Option SN

Cancer 106,057 11 to 25 $20 to $45 $9 to $20

Eye Irritation 106,057 24,154 to 198,950 $1 to $5 $1 to $4

Asthma 17,802 to 24,270 2,915 to 4,019 $169 to $238 $84 to $117

Fertility 1,352 1,765 $2 $2

Total Benefits $192 to $289 $95 to $143

Option SC Same as Option SCR

Proposed 

Option -

Option SCR 

Cancer 106,057 10 to 24 $20 to $43 $9 to $19

Eye Irritation 106,057 23,650 to 191,590 $1 to $5 $1 to $4

Asthma 17,802 to 24,270 2,799 to 3,864 $162 to $229 $81 to $113

Fertility 1,352 1,696 $2 $1

Total Benefits $184 to $278 $91 to $137

The number of individuals affected represents individuals of all ages for nasopharyngeal cancer and eye irritation; children 

ages 6 to 17 and ages 2 to 17 for asthma; and women ages 20 to 40 for reduced fertility. 

2239 

Regulatory Option Benefit Category Annual Cases 

Avoided

Annualized Benefits

($ million)

3% Discount 

Rate 7% Discount Rate

Options SE, SEUR, and 

SFCC

Cancer 9 to 21 $17 to $38 $8 to $17

Eye Irritation 22,133 to 

170,214 $1 to $4 $1 to $4

Total Benefits $18 to $42 + B $8 to $20 + B

Option SP Not estimated

Option SN

Cancer 11 to 25 $20 to $45 $9 to $20

Eye Irritation 24,154 to 

198,950 $1 to $5 $1 to $5

Total Benefits $21 to $50 + B $10 to $24 + B

Options SI, SC, SCR, and 

SCUR (Proposed Option) 

Cancer 10 to 24 $20 to $43 $9 to $19

Eye Irritation 23,650 to 

191,590 $1 to $5 $1 to $4

Total Benefits $20 to $48 + B $9 to $23 + B

Totals may not add due to rounding. 

”B” represents the unquantified health benefits.

2240 

2241 

2242 Formaldehyde is classified as a known human carcinogen by the National Toxicology 

2243 Program, based on evidence in humans and animals (Ref. 4). This analysis uses the EPA’s 1991 

IRIS Inhalation Unit Risk factor of 1.3×10-5 cancer cases per μg/m3 2244 of formaldehyde. In June 

2245 2010, EPA released a draft IRIS Toxicological Review of Formaldehyde that recommended a 

2246 different unit risk factor and recommended the use of age-dependent adjustment factors 
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2247 (ADAFs) to account for age-specific susceptibility. This draft assessment underwent 

2248 independent scientific peer review by the National Research Council of the National Academy of 

2249 Sciences (NASNRC). However, given that EPA is currently in the process of revising the IRIS 

2250 assessment based on the NASNRC review and public comments, the 1991 IRIS value is used to 

2251 analyze this proposed rule. 

2252 The benefits of a reduction in cancer risk are based on the value of a reduction in the risk 

2253 an individual will ultimately die from the cancer (referred to as fatal cancer), and a reduction in 

2254 the risk an individual will ultimately die from something other than the cancer (referred to as 

2255 non-fatal cancer). These two categories reflect the two possible outcomes for nasopharyngeal 

2256 cancer and do not reflect different types of cancer. The number of excess cancer cases was 

2257 estimated and then divided into these two categories: 44.7% of the cancer risk reductions are 

2258 assumed to be reductions in non-fatal cancer risk and 55.3% of the reductions are assumed to be 

2259 reductions in fatal cancer (mortality) risk. The value of reduced mortality risk is $8.01 per 

2260 mortality micro-risk reduction – that is, a reduction of 1/1,000,000 in the risk of mortality. Non2261 fatal cases of nasopharyngeal cancer were valued using a cost-of-illness approach. The value of 

2262 an avoided case of non-fatal nasopharyngeal cancer was estimated to be the present discounted 

2263 value of the stream of expected medical expenditures and opportunity costs associated with the 

2264 illness from the year of diagnosis, taking into account that the individual may die of other causes. 

2265 Costs include the cost of diagnosis, initial treatment costs, and “maintenance” costs in each 

2266 subsequent year. The stream of annual costs depends on the stage of the cancer at diagnosis, the 

2267 individual’s age at diagnosis, and the individual’s employment status each year after diagnosis, 

2268 resulting in a value of $0.09 to $0.14 per micro-risk reduction. 
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2269 The benefits associated with avoiding non-cancer health impacts are described in an EPA 

2270 report titled “Approach to Assessing Non-cancer Health Effects from Formaldehyde and 

2271 Benefits from Reducing Non-cancer Health Effects as a Result of Implementing Formaldehyde 

2272 Emission Limits for Composite Wood Products” (Ref. 10). The 2010 draft IRIS assessment 

2273 identified seven categories of non-cancer health effects and proposed RfCs based on four effects: 

2274 sensory irritation, pulmonary function effects, asthma and allergic sensitization (atopy), and 

2275 reproductive toxicity. The NASNRC supported the derivation of candidate reference 

2276 concentrations (RfCs) for each of these four endpoints based on human epidemiologic data (Ref. 

2277 9), but EPA determined there was sufficient information for quantitative concentration-response 

2278 modeling for use in EPA’s economic analysis for only three categories of effects: eye irritation, 

2279 asthma, and female reproductive toxicity. In the 2011 non-cancer approach document, EPA 

2280 derived concentration-response functions from preferred studies for these three endpoints and 

2281 recommended accompanying unit values for use in the benefits assessment.. The available data 

2282 on pulmonary function effects could not be advanced because it was not possible to link specific 

2283 decrements in pulmonary function with specific economic costs and any associated benefits were 

2284 not monetized. Likewise, benefits from the reduction of the other non-cancer effects for which 

2285 candidate RfCs were not derived were also not monetized. EPA later concluded that, at this 

2286 time, it only has sufficient information on the relationship between formaldehyde exposure and 

2287 eye irritation to include a valuation estimate in the overall benefits analysis. 

2288 Information from two studies reporting sensory irritation in humans from chronic 

2289 formaldehyde inhalation exposures in a residential environment were combined to create the 

2290 concentration-response function for eye irritation. The function was based on a power model fit 

2291 to the odds ratio of the prevalence of burning eyes reported in Figure 1 of Hanrahan et al. (Ref. 
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2292 4047). This function was then used with a willingness to pay to avoid eye irritation of $26 to 

2293 calculate the monetized benefits of reduced sensory irritation for all individuals. 

2294 The concentration-response function for asthma incidence was developed based on a 

2295 meta-analysis of formaldehyde-associated childhood asthma conducted by McGwin et al. (Ref. 

2296 41). This meta-analysis was based on seven peer-reviewed studies providing quantitative 

2297 information on the association between formaldehyde exposure and asthma in children, with 

2298 mean ages in the studies from 2 to 14 years with a range from 6 months to 17 years. The NAS 

2299 report (2011) noted that, while Rumchev and coauthors (2002) interpreted the health outcome in 

2300 their study as a diagnosis of asthma, study participants of such young ages are now thought to 

2301 have been more likely to have actually had lower respiratory illnesses with wheezing of an 

2302 infectious etiology, a diagnosis which could often have been mislabeled as asthma. The 

2303 remaining six studies were used to develop a pooled random effects odds ratio. The willingness 

2304 to pay to avoid chronic asthma was calculated as the net present value of the stream of annual 

2305 willingness to pay values to avoid the disease over a lifetime. A range of $35,443 to $66,064 

2306 was used to calculate the benefit of avoiding one statistical case of chronic asthma. Combining 

2307 the concentration-response information with the unit cost, incidence rates, and other relevant 

2308 terms, the analysis estimates the monetized benefits of avoiding the development of asthma. The 

2309 analysis calculates a lower benefits estimate based on avoiding asthma in children ages 6 through 

2310 17, and a higher benefits estimate based on avoiding asthma in children ages 2 through 17.

2311 The concentration-response relationship for female reproductive toxicity is based on a 

2312 retrospective cohort study by Taskinen et al. (Ref. 42). Estimates of mean daily exposure to 

2313 formaldehyde were based on measurements taken at factories in Finland during the early 1990s. 

2314 The concentration-response function was estimated by fitting a linear regression to formaldehyde 
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2315 concentrations and the corresponding fraction of female factory workers aged 20 to 40 who took 

2316 longer than 12 months to conceive. The value of avoided infertility used in the benefits analysis 

2317 is estimated using a weighted cost of illness approach based on the costs of treating infertility, 

2318 either through medication to stimulate ovulation, artificial insemination, or in vitro fertilization. 

2319 This was used to estimate the monetized benefits of reduced reproductive toxicity for women 

2320 between the ages of 20 and 40, resulting in an estimate of $1,969 to $5,336 to avoid reduced 

2321 fertility.

2322 Formaldehyde exposure is associated with a range of respiratory related effects. Effects 

2323 from repeated exposure in humans include irritation of the upper respiratory tract, decrements in 

2324 pulmonary function, and nasal epithelial lesions such as metaplasia and loss of cilia. Animal 

2325 studies suggest that formaldehyde may also cause airway inflammation.

2326 In occupational studies of formaldehyde exposure, lung function deficits and decreases in 

2327 spirometric values (that is, the volume and speed of air that is exhaled or inhaled) have been 

2328 reported both in preshift versus postshift measurements and as a result of long-term exposures

2329 (Refs. 48-54). Studies of long-term formaldehyde exposure also report increased respiratory 

2330 symptoms, such as cough, increased phlegm, chest tightness, and chest colds, in exposed workers

2331 (Refs. 48-51 and 53-54). In addition, some studies report an association between formaldehyde 

2332 exposure in residential settings and respiratory symptoms (Ref. 55). Furthermore, there are also 

2333 studies that report that formaldehyde exposure may increase the prevalence of asthma –

2334 particularly in the young (Ref. 56). Studies on asthma, as well as mechanistic information and 

2335 their analyses, were evaluated in EPA’s recent Draft Toxicological Review of Formaldehyde –

2336 Inhalation Assessment through the Integrated Risk Information System (IRIS) Program (Ref. 8). 

2337 This draft IRIS assessment was released in June 2010 for public comment and external peer 
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2338 review by the National Research Council of the National Academy of Sciences (NRC). The 

2339 NRC released their review report in April 2011 (Ref. 9). The NRC suggested EPA should 

2340 examine studies relating formaldehyde exposures to asthma, pulmonary function and changes in 

2341 pulmonary pathology. EPA is currently revising the draft assessment in response to the NRC 

2342 review. 

2343 EPA is committed to evaluating alternative approaches to quantifying the benefits 

2344 associated with reduced respiratory symptoms such as exacerbation of symptoms among those 

2345 who have chronic respiratory diseases, e.g., bronchitis and asthma. For instance, the agency will 

2346 explore the extent to which approaches used to quantify respiratory symptoms in air quality rules 

2347 might be applied to residential exposure to formaldehyde. If a scientifically defensible approach 

2348 is available by the time the final rule is promulgated, EPA will include such quantification as 

2349 part of the benefits analysis. Although uncertainty remains regarding how best to quantify the 

2350 formaldehyde exposure’s effect on respiratory outcomes, EPA considers these effects to be 

2351 important non-monetized impacts that contribute to the overall benefits of this rule, as indicated 

2352 by the “+B” in the various tables summarizing benefits.

2353 Epidemiologic studies suggest an association between occupational exposure to 

2354 formaldehyde and adverse reproductive outcomes in women, including reduced fertility (Refs. 

2355 57-59). EPA does not feel that it has sufficient information at this time on the relationship 

2356 between formaldehyde exposure and reduced fertility to include a valuation estimate in the 

2357 overall benefits analysis. 

2358 There are three reasons why the total economic benefits reported above may be 

2359 underestimated. First, there are a number of potential health effects that are not included in this 

2360 analysis. In addition to cancer, the 2010 draft IRIS assessment enumerated potential health 
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2361 outcomes from formaldehyde exposure including sensory irritation, upper respiratory tract 

2362 pathology, pulmonary function effects, asthma and allergic sensitization, immune function 

2363 effects, neurological and behavioral toxicity, and developmental and reproductive toxicity. 

2364 However,The NRC review of the draft IRIS assessment was released in April 2011 (Ref. 9), and 

2365 EPA is currently revising the draft in response. Monetization of any health endpoint identified

2366 requires an estimated concentration-response function that can be appropriately linked for use in 

2367 the economic analyses. At this time, only three non-cancer health effects – sensory irritation, 

2368 asthma, and female reproductive toxicity – have has sufficient data for such quantitative 

2369 concentration-response modelingto quantify the benefits. Second, while the cancer benefits were 

2370 evaluated using the unit risk as a reasonable upper bound on the central estimate of risk, the non2371 cancersensory irritation benefits were evaluated using a central estimatesestimate of the 

2372 concentration-response functionsfunction rather than an upper (or lower) boundsbound which 

2373 could also underestimate any associated economic benefits. Third, the valuation of some of 

2374 these endpoints relies on cost-of-illness estimates rather than willingness to pay. In general, cost 

2375 of illness estimates only capture mitigating and indirect costs, omitting averting expenditures and 

2376 lost utility associated with pain and suffering, and are, therefore, considered to be underestimates 

2377 of economic benefits. 

2378 4. Costs. The Economic Analysis estimates the incremental cost to firms located in the 

2379 U.S. of complying with the requirements of the proposal compared to the activities that firms are 

2380 already undertaking, often in response to the CARB ATCM. The costs of the proposal for the 

2381 industries subject to the rule are displayed in Tables 6 and 7.

2382 Depending on their baseline compliance with the CARB ATCM, panel producers may 

2383 incur costs for third-party certification, testing, and changes to raw materials and production 
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2384 processes where necessary to meet the emissions standards. Panel producers and other regulated 

2385 firms may incur costs for labeling, recordkeeping and rule familiarization. 

2386 Stock panel producers are estimated to incur a total annualized cost of $21 million per 

2387 year under either a 3% or 7% discount rate. Laminated product producers incur a total 

2388 annualized cost of $18 million to $32 million per year using a 3% discount rate and $18 million 

2389 to $33 million per year using a 7% rate. Of this, $3 million per year is incurred by firms that 

2390 convert to NAF resins in order to qualify for the exemption from the definition of hardwood 

2391 plywood, $8 million to $1617 million per year is spent on resin changes, testing and certification 

2392 by firms that continue to use formaldehyde-based resins and thus do not qualify for the 

2393 exemption, and the balance is spent on rule familiarization, labeling, and recordkeeping. The 

2394 remaining fabricators incur a total annualized cost of $21 million to $26 million per year using a 

2395 3% discount rate and $21 million to $27 million per year using a 7% discount rate. Wholesalers 

2396 incur total annualized costs of $16 million per year under a 3% discount rate and $17 million per 

2397 year using a 7% discount rate. Retailers are estimated to incur total annualized costs of $10 

2398 million per year using a 3% discount rate and $16 million per year using a 7% discount rate. The 

2399 proposal is estimated to result in a total cost of $435434 million to $447 million in the first year. 

2400 Annualized costs of the proposal are $72 million to $81 million per year using a 3% discount rate 

2401 and $8180 million to $89 million per year using a 7% discount rate. 

2402 Given the formaldehyde emissions standards that are set in Title VI of TSCA, annualized 

2403 costs for the other options for laminated products ranged from $10060 million to $293 million 

2404 per year using a 3% discount rate, and $11268 million to $311 million per year using a 7% 

2405 discount rate. The total costs by option are displayed in Table 8. 

2406 Table 6. Costs of Proposed Option by Industry Type (millions 2010$)
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Industry Type 

First Year Annualized (3%) Annualized (7%) 

Low High Low High Low High 

Stock panel producers $32 $32 $21 $21 $21 $21

Laminators $55 $102 $18 $32 $18 $33 

Fabricators (excluding laminators) $91 $57 $26 $21 $27 $21 

Wholesalers $71 $71 $16 $16 $17 $17 

Retailers $215 $215 $10 $10 $16 $16 

Total $4354 $447 $72 $81 $810 $89 

Low and high end scenarios reflect the estimated number of laminators and the number of product 

lines certified per firm, not the low and high costs for each category of entities. 

2407 

2408 
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2409 Table 7. Incremental Cost Estimates for Proposed Rule by Type of Entity, Baseline Status, and Activity 

Type of 

Entity

Baseline Status under 

CARB ATCM

Number of Mills, 

Firms, or 

Production 

Volume (msf†)

Activities with Incremental Costs 

Estimated

Number of Mills,

Firms, or Production 

Volume Incurring

Costs

To

Fi

Panel manufacturers 

All panel manufacturers 62 mills

Become familiar with TSCA rule 62 On-site daily quality control testing 21 Set-up to label products as TSCA compliant 62 Keep additional records 62 

Manufacture products not certified under CARB ATCM 

16 mills Have products tested and certified by a TPC 16 

49,600 msf Changes to raw materials 47,300 msf 

Wood veneer laminated product manufacturers

All laminators 7,486 to 13,875 firms

Become familiar with the TSCA rule 7,486 to 13,875 $2Set-up to label products as TSCA compliant 7,486 to 13,875 $34

Laminators defined as hardwood plywood producers under TSCA

150 to 277 firms

Have products tested and certified by a TPC 150 to 277 $9.On-site daily quality control testing 150 to 277 $1Keep additional records 150 to 277 $1

7,248 msf Changes to raw materials 2,149 msf 

Laminators defined as fabricators under TSCA

7,336 to 13,598 firms

and 355,164 msf Changes to raw materials 105,317 msf 

Laminators defined as fabricators; not compliant with CARB ATCM requirements for fabricators 

7,336 to 13,598 firms Keep additional records 674 to 1249 $3

Fabricators that are not laminators

All fabricators that are not laminators 66,103 to 72,492 firms

Become familiar with the TSCA rule 66,103 to 72,492 $19Set-up to label products as TSCA compliant 66,103 to 72,492 $16

Fabricators not compliant with CARB ATCM requirements 33,665 to 40,054 firms Keep additional records 3,703 to 4,406 $20

Wholesalers 

All wholesalers 85,560 firms

Become familiar with the TSCA rule 85,560 If repackaging or replacing an original label, set-up to label products as TSCA compliant 855 

Wholesalers that import and are not compliant with CARB ATCM 15,045 firms

Set up systems to keep additional records 8,576 Keep additional records 6,649 

Retailers All retailers 759,048 firms Become familiar with the TSCA rule 759,048 Total $43† Production volume is reported in thousands of square feet (msf) of production

2410 
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2411 Table 8. Total Costs by Option (millions 2010$)

Option 

First Year Annualized (3%) Annualized (7%) 

Low High Low High Low High 

Option SE $595 $595 $100 $100 $112 $112 

Option SI $919 $1,254 $19204 $293 $2018 $311 

Option SP $600 $600 $104 $104 $115 $115 

Option SN $65426 $68939 $14328 $18537 $15439 $19548

Option SC $609 $621 $112 $121 $123 $132 

Proposed Option – Option SCR $435 $447 $72 $81 $810 $89 

Option SEUR $420 $420 $60 $60 $68 $68

Option SFCC $594 $594 $100 $100 $111 $111

Proposed Option – Option SCUR $434 $447 $72 $81 $80 $89

2412 

2413 5. Net benefits. Net benefits are the difference between benefits and costs. The net 

2414 benefits for the options are displayed in Tables 9 and 10. The proposal is estimated to result in 

2415 quantified net benefits of $103-$24 million to $206-$60 million per year using a 3% discount 

2416 rate, and $2 million to $-$57 million to -$79 million per year using a 7% discount rate. 

2417 Quantified net benefits for the other options for regulating laminated products based on the 

2418 formaldehyde emissions standards that are set in Title VI of TSCA range from -$10918 million 

2419 to $166-$273 million per year using a 3% discount rate and -$22048 million to $14-$302 million 

2420 per year. using a 7% discount rate. There are additional unquantified benefits due to respiratory 

2421 and other avoided health effects.EPA considers health benefits from avoided health effects to be 

2422 potentially important non-monetized impacts that contribute to the overall net benefits of this 

2423 rule, and has represented their inclusion in the table below using the letter “B”.

2424 Table 9. Annualized Net Benefits by Option (millions 2010$, 3% discount rate)
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Option 

Costs Benefits Net Benefits

Low 

Estimate 

High 

Estimate 

Lower 

Estimate 

Higher 

Estimate 

Lower Net 

Estimate 

Higher Net 

Estimate 

Option SE $100 $100 $16218+B $24542+B $62($82)+ B $145($58)+

B

Option SI $1942

04 $293 $184$20+B $278$48+B

-

$109($273)+

B

$84($157)+

B

Option SP $104 $104 Not estimated Not 

estimated Not estimated Not estimated 

Option SN $1432

8 $18537 $192$21+B $289$50+B $7($116)+ B $146($79)+

B

Option SC $112 $121 $184$20+B $278$48+

B

$63($101)+

B

$166($64)+

B

Proposed Option 

– Option SCR $72 $81 $184$20+B $278$48+B

$103($61)+

B

$206($24)+

B

Option SEUR $60 $60 $18B $42+B ($42)+ B ($18)+ B

Option SFCC $100 $100 $18+B $42+B ($82)+ B ($58)+ B

Proposed Option 

– Option SCUR $72 $81 $20+B $48+B ($60)+ B ($24)+ B

“B” represents the unquantified health benefits.

2425 

2426 Table 10. Annualized Net Benefits by Option (millions 2010$, 7% discount rate)

Option 

Costs Benefits Net Benefits

Low 

Estimate 

High 

Estimate 

Lower 

Estimate 

Higher 

Estimate 

Lower Net 

Estimate 

Higher Net 

Estimate 

Option SE $112 $112 $80$8+B $121$20+

B

-$31($103)+

B $9($91)+ B

Option SI $218 $311 $91$9+B $137$23+

B

-

$220($302)+

B

-

$71($195)+

B

Option SP $115 $115 Not estimated Not 

estimated Not estimated Not estimated 

Option SN $139 $148 $95$10+B $143$24+

B

-$99($138)+

B

-

$11($114)+

B

Option SC $123 $132 $91$9+B $137$23+

B

-$41($123)+

B

$14($100)+

B

Option SCR $80 $89 $91$9+B $137$23+

B $2($80)+ B $57($57)+B

Option SEUR $68 $68 $8+B $20+B ($60)+ B ($48)+ B

Option SFCC $111 $111 $8+B $20+B ($103)+ B ($91)+ B

Proposed Option 

– Option SCUR $80 $89 $9+B $23+B ($79)+ B ($57)+ B

“B” represents the unquantified health benefits.

2427 

2428 Costs exceed quantified benefits by a larger margin for the proposed rule (Option SCUR) 

2429 than for Option SEUR, which exempts all laminated products from the definition of hardwood 

2430 plywood. However, both the relative ranking of the options and the fact that quantified net 

2431 benefits are negative for all the options might change if EPA could quantify additional health 

2432 benefits. Furthermore, as explained elsewhere in this proposal, currently available information 
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2433 indicates that laminated products can exceed the formaldehyde emission standards. Therefore, 

2434 on the basis of information currently available to the Agency, EPA has concluded that exempting 

2435 all laminated products from the definition of hardwood plywood is not consistent with TSCA 

2436 Title VI’s statutory mandate that EPA promulgate regulations in a manner that ensures 

2437 compliance with the emission standards in TSCA section 601(b)(2). Of the options that are 

2438 consistent with the statutory mandate, the proposed rule has the lowest costs as well as the best 

2439 balance between costs and quantified benefits. After assessing both the costs and the benefits of 

2440 the proposal, including the unquantified benefits, EPA has made a reasoned determination that 

2441 the benefits of the proposal justify its costs.

2442 To further improve the analysis for the final rule, the Agency is also specifically 

2443 interested in supporting information on the following questions related to the data, estimates, and 

2444 assumptions used in the Agency’s analysis: 

2445 1. 1. What, if any, differences are there in actual formaldehyde emissions levels between 

2446 products made domestically and those imported into the U.S.? Are data available characterizing 

2447 the differences in emissions between products that are certified under the CARB ATCM and 

2448 those that are not certified because they are sold in the U.S. outside of California? 

2449 2. 2. Is there evidence that products that do not comply with the CARB ATCM are being 

2450 sold in California? If so, are there differences in compliance between products made 

2451 domestically and those imported into the U.S.? Is there information available to indicate how the 

2452 level of compliance with the TSCA Title VI rule can be expected to differ from compliance with 

2453 the CARB ATCM? 

2454 3. 3. Did firms located outside of California that sell regulated composite wood products in 

2455 California incur different costs due to the CARB ATCM compared to firms located in 
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2456 California? If so, what influenced these differences in costs? How did the differences, if any, 

2457 depend on firm type (panel producer, fabricator, distributor, or retailer), firm size, complexity of 

2458 the supply chain, or other factors?

2459 4. To what extent are wholesalers that do not have a physical location in California 

2460 complying with the CARB ATCM’s recordkeeping requirements because they sell goods that 

2461 may ultimately be sold in California? 

2462. 5. In addition to the Census data that EPA used in its analysis, what other information is 

2463 available that would allow EPA to better characterize the number of firms in different industries 

2464 affected by the rule? 

2465 6. For each industry that uses veneer to manufacture products, how many firms make 

2466 laminated products sold in the U.S. that could potentially be included in the definition of 

2467 hardwood plywood under TSCA Title VI because they meet all of the following criteria: (a) they 

2468 affix a wood or woody grass veneer to the face and/or back of a purchased platform to produce a 

2469 component part used in the construction or assembly of a finished good; (b) they are applying 

2470 veneer to a particleboard, MDF, or veneer-core platform; (c) they are making a product that 

2471 qualifies as a panel under the proposed rule, where a panel is defined as a flat or raised 

2472 rectangular piece of composite wood product; and (d) they are making a product that does not 

2473 qualify for one of the statutory exemptions in TSCA Title VI (such as the exemptions for 

2474 products intended for use in a new vehicle such as a rail car, boat, or aircraft, or the exemption 

2475 for products intended for exterior use)? 

2476 47. To what extent are the laminated products described above currently made using an 

2477 added formaldehyde resin to affix the veneer to the platform? To what extent will these products 

2478 continue to use added formaldehyde resins after the TSCA Title VI rule is implemented? What 
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2479 if any process or performance issues will face laminated product producers that switch to NAF 

2480 resins? 

2481 58. To what extent were firms’ customary recordkeeping practices generally sufficient to 

2482 meet the chain of custody requirements in the CARB ATCM? For firms that had to modify their 

2483 recordkeeping systems or practices to comply with the CARB ATCM, how much additional 

2484 effort or cost was required, on a one-time or ongoing basis? How do those costs depend on firm 

2485 type (panel producer, fabricator, distributor, or retailer), firm size, complexity of the supply 

2486 chain, or other factors? 

2487 6. 9. If your firm has a schedule for the retention of records, how long do you retain 

2488 records such as purchasing records, invoices, bills of lading, production records, shipping 

2489 information, and product testing information? What policies does your firm have for the 

2490 retention or destruction of these records? In light of your firm’s records retention and 

2491 destruction policies or your ordinary business practices, how would the differences between a 

2492 two year recordkeeping period, a three year period, and a 5 year period affect your recordkeeping 

2493 cost under TSCA Title VI? What are the key components of your recordkeeping costs (labor, 

2494 computer storage, physical storage for paper records, etc.), and how do these costs change as the 

2495 recordkeeping period increases? Please provide a detailed response. 

2496 10. What costs did fabricators incur to label their products due to the CARB ATCM? 

2497 What factors, such as production volume or the number or complexity of the products, 

2498 determined the magnitude of those costs? Were there additional costs due to the CARB labeling 

2499 requirement after the first year? If so, what were the costs for, how large were they, and what 

2500 factors influenced those costs? How common is it for distributors or retailers to repackage or 

2501 relabel goods? To what extent do distributors or retailers apply labels under the CARB ATCM, 
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2502 either because they are repackaging goods that were originally labeled on the packaging instead 

2503 of on the individual items, or because they are replacing an original label applied by the panel 

2504 producer or fabricator with a label listing a different company name? 

2505 711. What data are available on the types and quantities of goods containing composite 

2506 wood products used within a typical residence? How do these quantities differ by the type of 

2507 dwelling (single family attached housing, single family detached housing, multi-family housing, 

2508 manufactured housing, etc.)? Are there differences in the typical quantities of composite wood 

2509 products used associated with the race or income of the residents? 

2510 812. In the absence of a requirement that panel producers hold lots selected for testing 

2511 until the test results are received, how likely is it that panels would be shipped before the test 

2512 results are available? Given the lower frequency of quality control testing for hardwood 

2513 plywood producers (including laminators produced panels defined as hardwood plywood), how 

2514 would such a requirement affect their decision about whether to perform quality control testing 

2515 for formaldehyde emissions in-house or to send the panels to a third party for testing? 

2516 913. What data are available on the amount of work or leisure time patients typically 

2517 miss as a result of treatment for nasopharyngeal cancer, including the time recovering from 

2518 chemotherapy or radiation? 

2519 14. How should EPA quantify the benefits of avoiding respiratory effects related to 

2520 formaldehyde exposure? Which symptoms should be valued? How should the results be 

2521 presented to reflect the underlying uncertainty in such estimates?

2522 15. How should EPA evaluate and quantify the benefits of improved fecundity due to 

2523 reductions in formaldehyde exposure? How should the results be presented to reflect the 

2524 underlying uncertainty in such estimates?
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2525 B. Paperwork Reduction Act (PRA) 

2526 The information collection requirements in this proposed rule have been submitted to 

2527 OMB for review and approval under the PRA, 44 U.S.C. 3501 et seq. The Information 

2528 Collection Request (ICR) document prepared by EPA has been assigned EPA ICR number 

2529 2446.01, and the OMB Control No. 2070-[new] (Ref. 4360). 

2530 The new information collection activities contained in this rule are designed to assist the 

2531 Agency in meeting the requirement in Section 601(d) of TSCA that EPA promulgate 

2532 implementing regulations in a manner that ensures compliance with the TSCA Title VI emission 

2533 standards. The new information collection requirements affect firms that sell, supply, offer for 

2534 sale, or manufacture (including import) hardwood plywood, particleboard, MDF, or finished 

2535 goods containing these materials in the United States. Although firms have the option of 

2536 choosing to engage in the covered activities, once a firm chooses to do so, the information 

2537 collection activities contained in this rule become mandatory for that firm. 

2538 The ICR document provides a detailed presentation of the estimated burden and costs for 

2539 3 years of the program. Burden is defined at 5 CFR 1320.3(b). Since the rule applies to products 

2540 imported into the U.S., the certification, testing, recordkeeping, and reporting requirements also 

2541 apply to entities outside the U.S. Therefore, the ICR document considers the burden and cost to 

2542 both foreign and domestic entities. This is in contrast to the Economic Analysis for the proposed 

2543 rule (Ref. 3946), where the cost analysis is limited to domestic entities. The ICR document also 

2544 accounts for the burdens of baseline reporting and recordkeeping activities in two ways. One 

2545 estimates the incremental burden and cost excluding all the activities performed to comply with 

2546 the CARB ATCM in the baseline, which is consistent with the cost estimates in the Economic 

2547 Analysis. The other estimates the burden and cost of future activities even if those activities 
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2548 would be performed in the absence of the TSCA Title VI rule (i.e., to comply with the CARB 

2549 ATCM), which yields higher cost estimates than those in the Economic Analysis. 

2550 The ICR document estimates that more than 990,000 firms are subject to the rule’s 

2551 reporting and recordkeeping requirements. Of these, nearly 925,000 are domestic firms and 

2552 approximately 66,000 are foreign firms. Over the three year period covered by the ICR, the 

2553 incremental burden of the rule (excluding burden for activities performed in the baseline) is 

2554 estimated to average 5.98 million hours per year. The total annual burden (including burden for 

2555 required activities performed in the baseline) is estimated to average 8.07.9 million hours per 

2556 year. The total burden reflects nearly 1.7 million responses per year over the three years of the 

2557 ICR, where the number of responses includes both responses that are submitted to EPA or a third 

2558 party as well as recordkeeping activities conducted by firms that only maintain records. The 

2559 total annual burden equates to an average of approximately 5 hours per response. 

2560 An agency may not conduct or sponsor, and a person is not required to respond to an 

2561 information collection request unless it displays a currently valid OMB control number, or is 

2562 otherwise required to submit the specific information by a statute. The OMB control numbers for 

2563 EPA’s regulations codified in Title 40 of the Code of Federal Regulations, after appearing in the 

2564 preamble of the final rule, are further displayed either by publication in the Federal Register or 

2565 by other appropriate means, such as on the related collection instrument or form, if applicable. 

2566 The display of OMB control numbers for certain EPA regulations is consolidated in a list at 40 

2567 CFR 9.1. 

2568 To comment on the Agency's need for this information, the accuracy of the provided 

2569 burden estimates, and any suggested methods for minimizing respondent burden, EPA has 

2570 established a public docket for this rule, which includes the ICR, under Docket ID number EPA-
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2571 HQ-OPPT-2011-03802012-0018. Submit any comments related to the ICR to EPA and OMB. 

2572 See ADDRESSES section at the beginning of this notice for where to submit comments to EPA. 

2573 Send comments to OMB at the Office of Information and Regulatory Affairs, Office of 

2574 Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office 

2575 for EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days 

2576 after [Insert date of publication in the Federal Register], a comment to OMB is best assured of 

2577 having its full effect if OMB receives it by [Insert date 30 days after publication in the Federal 

2578 Register]. The final rule will respond to any OMB or public comments on the information 

2579 collection requirements contained in this proposal. 

2580 C. Regulatory Flexibility Act (RFA) 

2581 The RFA, 5 U.S.C. 601 et seq., generally requires an agency to prepare a regulatory 

2582 flexibility analysis of any rule subject to notice and comment rulemaking requirements under the 

2583 Administrative Procedure Act or any other statute unless the agency certifies that the rule will 

2584 not have a significant economic impact on a substantial number of small entities. Small entities 

2585 include small businesses, small organizations, and small governmental jurisdictions.

2586 Small entities include small businesses, small organizations, and small governmental 

2587 jurisdictions. For purposes of assessing the impacts of today's proposed rule on small entities, 

2588 small entity is defined as: (1) a small business as defined by the Small Business Administration’s 

2589 (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government 

2590 of a city, county, town, school district or special district with a population of less than 50,000; 

2591 and (3) a small organization that is any not-for-profit enterprise which is independently owned 

2592 and operated and is not dominant in its field. 

2593 Pursuant to section 603 of the RFA, EPA prepared an initial regulatory flexibility 
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2594 analysis (IRFA) that examines the impact of the proposed rule on small entities along with 

2595 regulatory alternatives that could reduce that impact (Ref. 4461). The IRFA is available for 

2596 review in the docket and is summarized below. 

2597 1. Need for the rule. TSCA section 601(d) directs EPA to promulgate regulations to 

2598 implement the formaldehyde standards for composite wood products described in TSCA section 

2599 601(b)(2). EPA is issuing a proposed rule under TSCA Title VI to implement the statutory 

2600 formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and 

2601 particleboard sold, supplied, offered for sale, or manufactured (including imported) in the United 

2602 States. As directed by the statute, this proposal includes provisions relating to, among other 

2603 things, laminated products, products made with ultra low-emitting formaldehyde resins, products 

2604 made with no-added formaldehyde resins, testing requirements, product labeling, chain of 

2605 custody documentation and other recordkeeping requirements, and product inventory sell2606 through provisions, including a product stockpiling prohibition. 

2607 2. Objectives and legal basis for the rule. The legal basis for the rule is TSCA section 

2608 601(d), which provides authority for the Administrator to “promulgate regulations to implement 

2609 the standards required under subsection (b) in a manner that ensures compliance with the 

2610 emission standards described in subsection (b)(2).” Therefore, the central objective of the 

2611 regulatory provisions of this proposal is to ensure compliance with the TSCA Title VI 

2612 formaldehyde emission standards.

2613 3. Description and number of small entities to which the rule will apply. The small 

2614 entities potentially affected by the rule are manufacturers (including importers), fabricators, 

2615 distributors, and retailers of composite wood products. For purposes of assessing the impacts of 

2616 the rule on small entities, small entity is defined as: (1) a small business as defined by the Small 
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2617 Business Administration’s (SBA) regulations at 13 CFR 121.201; (2) a small governmental 

2618 jurisdiction that is a government of a city, county, town, school district or special district with a 

2619 population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise 

2620 which is independently owned and operated and is not dominant in its field. EPA estimates that 

2621 the rule will affect approximately 879,000 small entities. 

2622 4. Projected compliance requirements. This proposal implements the statutory 

2623 formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and 

2624 particleboard sold, supplied, offered for sale, or manufactured (including imported) in the United 

2625 States. As directed by the statute, this proposal includes provisions relating to, among other 

2626 things, laminated products, products made with ultra low-emitting formaldehyde resins, products 

2627 made with no-added formaldehyde resins, testing requirements, product labeling, chain of 

2628 custody documentation and other recordkeeping requirements, and product inventory sell2629 through provisions, including a product stockpiling prohibition. This proposal would establish 

2630 requirements for manufacturers (including importers), fabricators, distributors, and retailers of 

2631 composite wood products. The regulatory provisions in this proposal are designed to ensure 

2632 compliance with the TSCA Title VI formaldehyde emission standards while aligning, where 

2633 practical, with the regulatory requirements under the California Air Resources Board’s (CARB) 

2634 Airborne Toxic Control Measure (ATCM). By aligning itself with the existing CARB 

2635 requirements, EPA seeks to avoid differing or duplicative regulatory requirements that would 

2636 result in an increased burden on the regulated community.

2637 5. Classes of small entities subject to the compliance requirements. Small entities 

2638 include small businesses, small organizations, and small governmental jurisdictions. The small 

2639 entities that are potentially directly regulated by this rule are small businesses that are 
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2640 manufacturers (including importers), fabricators, distributors, or retailers of composite wood 

2641 products. No small governments or small organizations are expected to be directly regulated by 

2642 the rule. 

2643 6. Professional skills needed to comply. Each panel producer must designate a person as 

2644 quality control manager with adequate experience and/or training to be responsible for 

2645 formaldehyde emission quality control. EPA has not proposed criteria for determining whether 

2646 an individual’s experience or training are appropriate for this position, but experience in the 

2647 wood products industry or a degree in chemistry or a related field might provide the skills need 

2648 to comply with the requirements. 

2649 A panel producer must be able to follow sampling and handling procedures for the 

2650 material that is to be tested. However, those procedures must be described in the panel 

2651 producer’s quality control manual, and specified skills should not be needed to follow the written 

2652 procedures. 

2653 Each panel producer must also designate a quality control facility for conducting quality 

2654 control formaldehyde testing, and the quality control facility must have quality control 

2655 employees with adequate experience and/or training to conduct accurate chemical quantitative 

2656 analytical tests. But instead of performing these functions themselves, panel producers have the 

2657 option of hiring an accredited third party certifier (TPC) or a contract laboratory to fulfill these 

2658 requirements. 

2659 To obtain product certification, a panel producer must apply to an accredited TPC, and 

2660 must provide information and notifications to the TPC. Finally, manufacturers, fabricators, 

2661 distributors, or retailers of composite wood products must maintain records. None of these 

2662 activities requires any special skills. 
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2663 7. Relevant Federal rules. The U.S. Department of Housing and Urban Development 

2664 (HUD) has regulations governing formaldehyde emission levels from plywood and particleboard 

2665 materials installed in manufactured homes. (See 24 CFR 3280.308.) However, TSCA Title VI 

2666 establishes specific formaldehyde emission standards for hardwood plywood, particleboard, and 

2667 medium-density fiberboard and does not provide EPA with the authority to modify these 

2668 standards. Furthermore, the Formaldehyde Standards for Composite Wood Products Act, which 

2669 includes TSCA Title VI, directs HUD to revise their regulations to ensure that they reflect the 

2670 emission standards in TSCA Title VI. And the HUD regulations do not deal with the other 

2671 elements addressed in these implementing regulations (where EPA does have the authority to 

2672 make determinations) such as laminated products, products made with ultra low-emitting 

2673 formaldehyde resins, products made with no-added formaldehyde resins, testing requirements, 

2674 chain of custody documentation, and product inventory sell-through provisions. Therefore, the 

2675 regulatory provisions of this proposal for which EPA has flexibility in implementing the statute 

2676 do not duplicate, overlap, or conflict with any other Federal rules. 

2677 8. Potential economic impacts on small entities. Of the 879,000 small firms affected by 

2678 the proposal, over 851,000 (about 97%) are expected to have costs impacts that are less than 1% 

2679 of their revenues, over 23,000 firms (about 3 percent) are expected to experience impacts at 

2680 levels between 1 and 3% percent of their revenue, and over 4,000 firms (less than 1%) are 

2681 expected to incur costs exceeding 3% of their revenues. 

2682 Many of the firms with cost impacts above 1% of their revenues are fabricators, 

2683 wholesalers, and retailers with annualized costs less than $250 (i.e., they are firms with annual 

2684 revenues below $25,000). These firms account for 92% of the firms with cost impacts that are 

2685 between 1% and 3% and 42% of the firms with cost impacts that exceed 3%. 
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2686 9. Small Business Advocacy Review Panel. As required here by section 609(b) of the 

2687 RFA, as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA), EPA 

2688 also conducted outreach to small entities and convened a Small Business Advocacy Review 

2689 Panel on February 3, 2011 to obtain advice and recommendations of representatives of the small 

2690 entities that potentially would be subject to the proposed rule's requirements. The Panel solicited 

2691 input on all aspects of these proposed regulations and on the framework for the third-party 

2692 certification program under TSCA Title VI. Seventeen potentially-impacted small entities 

2693 served as small-entity representatives (SERs) to the Panel, representing a broad range of small 

2694 entities from diverse geographic locations, and five trade associations. The Panel concluded its 

2695 deliberations on April 4, 2011. 

2696 Consistent with the RFA/SBREFA requirements, the Panel evaluated the assembled 

2697 materials and small-entity comments on issues related to elements of the IRFA. A copy of the 

2698 Panel report is included in the docket for this proposed rule (Ref. 15). It is important to note that 

2699 the Panel’s findings and discussion were based on the information available at the time the final 

2700 report was prepared. EPA has continued to conduct analyses relevant to the proposed rule, and 

2701 additional information may be developed from public comment on the proposed rule. 

2702 The Panel’s recommendations on the TPC framework were discussed in the TPC 

2703 Proposal (Ref. 1). The Panel’s most significant findings and recommendations on other aspects 

2704 of the TSCA Title VI implementing regulations are summarized below. 

2705 a. In general. The Panel recommended that EPA adopt regulatory requirements that are 

2706 consistent with the CARB ATCM wherever possible. EPA agrees with this recommendation and 

2707 has tried throughout this proposal to remain consistent with CARB where it is practical to do so. 
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2708 b. Manufactured-by dates and stockpiling. The Panel generally agreed with those SERs 

2709 that recommended that EPA propose to establish the manufactured-by date at 180 days after 

2710 promulgation of the final rule and make the reference period for determining whether stockpiling 

2711 has occurred the 12 month period prior to promulgation of the final rule. The Panel also 

2712 recommended that EPA request comments and data on alternative dates and reference periods. 

2713 EPA is proposing to establish the manufactured-by date at 1 year after promulgation of 

2714 the final rule. This is primarily to allow for development of the third-party certification 

2715 infrastructure and to give panel producers who are not already complying with the CARB ATCM 

2716 adequate time before the manufactured-by date to select an accredited third-party certifier, 

2717 develop a quality control manual, and complete the initial testing to qualify for product 

2718 certification. 

2719 EPA is proposing to establish the stockpiling reference period, or base period, as the 

2720 calendar year 2009 because, under TSCA Title VI, the base period must end before the statute 

2721 was enacted. EPA requests comments and data on both the proposed manufactured-by date and 

2722 the proposed base period for determining whether stockpiling has occurred. 

2723 c. Quality control and compliance testing. The Panel recommended that EPA consider 

2724 CARB’s method of establishing equivalency and carefully evaluate any alternative test method 

2725 permitted. After considering the options, EPA is proposing to use CARB’s method of 

2726 establishing equivalency between test methods and EPA is also proposing to recognize those 

2727 alternative test methods that CARB has approved. 

2728 The Panel further recommended that EPA provide clear direction on product 

2729 decertification and recertification procedures and the recall of noncompliant products. In 

2730 response to these recommendations, EPA has proposed specific provisions on what actions are 
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2731 required and allowed in the event of a failed test result. EPA has also proposed to require panel 

2732 producers to hold lots selected for testing until the test results are received. 

2733 d. Labeling and recordkeeping. The Panel generally recommended that labeling and 

2734 record keeping provisions should be closely harmonized with CARB’s requirements, including 

2735 allowing panels to be labeled by bundle, rather than individually. The Panel did recognize that 

2736 subtle differences between the TSCA Title VI implementing regulations and the CARB ATCM 

2737 may make identical labels impossible. EPA is proposing labeling requirements that are virtually 

2738 identical to CARB’s, except that the labels must say that the products are TSCA Title VI 

2739 compliant instead of CARB compliant. For entities that are manufacturers under TSCA (i.e., 

2740 they manufacture, produce, or import composite wood panels, component parts, or finished 

2741 goods), EPA’s proposed recordkeeping and chain -of custody documentation requirements are 

2742 also virtually identical to CARB’s. For distributors and retailers that are not manufacturers 

2743 under TSCA, EPA is proposing that the only records they be required to keep are invoices and 

2744 bills of lading. This requirement is less burdensome than recordkeeping and chain of custody 

2745 requirements similar to those in the CARB ATCM.

2746 e. Laminated products and engineered veneer. The Panel recommended that EPA 

2747 continue to seek available information, and exempt those laminated products that can be 

2748 exempted consistent with the direction given in TSCA Title VI. The Panel further recommended 

2749 that EPA work with small businesses, especially those laminating on a made-to-order basis, to 

2750 design a testing scheme that is practical for those businesses, and at the same time, is calculated 

2751 to ensure compliance with the emissions standards. The Panel also recommended that EPA 

2752 consider basing the number and frequency of required quality control tests on production 

2753 volume, thereby requiring fewer tests for smaller producers. EPA has incorporated all of these 
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2754 recommendations into this proposal, by proposing to exempt laminated products that are made 

2755 with certified platforms and NAF resins, and by proposing to allow for quality control testing 

2756 frequency based on production volume for hardwood plywood producers. 

2757 f. Definitions. The Panel recommended that EPA develop a definition of “hardboard” 

2758 that takes the revised ANSI standard into account while ensuring that similar products are 

2759 similarly regulated under TSCA Title VI. While a revised ANSI standard for “hardboard” has 

2760 yet to be finalized, EPA believes that its proposed definition takes into account both widespread 

2761 industry usage of the term and the intent of the statute. 

2762 Recognizing that TSCA Title VI was not intended to apply to structural plywood, the 

2763 Panel also recommended that EPA develop a clear definition for “interior use” in order to 

2764 eliminate confusion in the regulated community. According to the Panel, the definition should 

2765 be based on the intent of the statute and consider how the hardwood plywood is likely to be used 

2766 and stored once incorporated into a finished good. EPA has proposed a definition of “intended 

2767 for interior use” that includes these considerations and requests comments on the appropriateness 

2768 of this definition. 

2769 While the SERs differed in their advice on the definition of the term “panel,” the SBAR 

2770 Panel recommended that EPA reduce uncertainty in the regulated community by including in its 

2771 regulation a clear definition of “panel” that is based on the intent of the statute, and considers 

2772 trade usage and the limitations of current test methods. Again, EPA is proposing a definition that 

2773 takes these factors into account, and EPA requests comment on all aspects of the proposed 

2774 definition. 

2775 10. Alternatives considered. EPA’s Economic Analysis for the proposed rule (Ref. 39) 

2776 examined a number Over the course of alternative analytical options. Among the this 
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2777 rulemaking, EPA considered alternatives based on the formaldehyde emissions standards set in 

2778 Title VI for various provisions of TSCA, EPA analyzed different options for how laminated 

2779 products might be included in the definition of hardwood plywood, and for the rule’s chain of 

2780 custody and recordkeeping requirements. These the rule. Most of these alternatives would have 

2781 applied to both small and large entities, but, given the number of small entities in the affected 

2782 industries, some of these alternatives would largelycould affect many small entities. EPA is 

2783 proposing the option with the lowest total cost among these options. This will minimize any 

2784 significant economic impact on small entities. The Economic Analysis included two options for 

2785 the definition of hardwood plywood that had higher total made a concerted effort to keep the 

2786 costs than the proposed rule (because they did not include the proposed rule’s reduced 

2787 recordkeeping requirements for firms that are not manufacturers under TSCA) but that were less 

2788 burdensome to certain laminated product producers. Specifically, one of the alternative options 

2789 would have excluded all laminated products from the definition of hardwood plywood, and the 

2790 second would have excluded all laminated products other than architectural panels and custom 

2791 plywood from the definition of hardwood plywood. Both alternative options would apply 

2792 regardless of the types of resins used in making the laminated products exempted from the 

2793 definition of hardwood plywood.and burdens associated with this rule as low as possible while 

2794 still ensuring compliance with the TSCA Title VI emissions standards. In developing the 

2795 proposed rule, EPA considered the statutory requirements and the benefits from protection of 

2796 human health and the environment, as well as the compliance costs imposed by the rule, both in 

2797 general and on small entities. EPA took a number of steps to reduce the economic impacts of the 

2798 rule where doing so was consistent with the statutory mandate. The steps where EPA was able to 

2799 quantify the resulting cost reductions are: 
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2800 Because eligibility for the exemptions for laminated products in the alternative options was not

2801 • Aligning with the CARB ATCM where practical. This regulatory proposal is designed 

2802 to ensure compliance with the TSCA Title VI formaldehyde emission standards while aligning, 

2803 where practical, with the regulatory requirements in California. Some of the areas where EPA 

2804 has aligned the proposal with the CARB ATCM are described below. Aligning the TSCA 

2805 implementing regulations with California’s requirements helps reduce costs for the nearly 100 

2806 composite wood product mills, the 32,000 fabricators, the 32,000 wholesalers, and the 101,000 

2807 retailers that are already complying with the CARB ATCM in the baseline. However, EPA 

2808 deviated from the CARB ATCM where doing so would reduce burden while still ensuring 

2809 compliance with the TSCA Title VI emissions standards. The proposed rule costs $19 million to 

2810 $31 million per year less than an option that is fully consistent with the CARB ATCM. 

2811 • Defining hardwood plywood to exclude laminated products in which a wood veneer is 

2812 attached to a compliant and certified platform using a NAF resin, and defining laminated 

2813 products without limiting applicability to the manufacturer or fabricator of the finished good in 

2814 which the product is incorporated. These definitions will result in 98% of laminated product 

2815 producers being regulated as fabricators rather than panel producers. As a result, the rule will 

2816 cost $92 million to $172 million per year less than if all laminated products were included in the 

2817 definition of hardwood plywood. 

2818 • Reducing recordkeeping for non-manufacturers. The rule costs $40 million per year 

2819 less than if EPA had proposed recordkeeping requirements similar to the CARB ATCM’s.

2820 • Reducing TPC oversight and testing requirements for NAF and ULEF products. The 

2821 ULEF provisions alone reduce the total rule costs by $0.5 million per year.

2822 EPA also took a number of steps to reduce burden where it did not have sufficient 
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2823 information to quantify the resulting cost reductions. Some of these steps include:

2824 • Not requiring retailers to relabel items that they divide or repackage. 

2825 • Reducing quality control testing for small hardwood plywood producers. 

2826 • Reducing quality control testing for particleboard and medium-density fiberboard 

2827 producers that demonstrate consistent operations and low variability of test values.

2828 • Allowing panel producers to group products and product types for testing. 

2829 • Adopting a definition of hardboard that exempts hardboard products (including those 

2830 made with phenol-formaldehyde resin) from the statutory emission standards and the testing and 

2831 certification requirements. 

2832 • Setting the manufactured-by date for the sell-through provisions at 1 year after 

2833 promulgation of the final rule, instead of the statutory minimum of 180 days. 

2834 • Allowing alternate test methods to ASTM D-6007-02 and ASTM D-5582 for quality 

2835 control testing, after demonstrating equivalence.

2836 • Not requiring recordkeeping for exempt products. 

2837 • Allowing TPCs approved by CARB to certify products under TSCA Title VI until one 

2838 year after the publication of the final rule, and allowing products currently certified by these 

2839 TPCs to be considered certified for purposes of TSCA Title VI during that same period. 

2840 • Allowing equivalence between ASTM E-1333-10 and any other approved test method 

2841 to be demonstrated in a range of formaldehyde concentrations that is representative of the 

2842 emissions of the products that a TPC certifies.

2843 EPA also considered and rejected various alternatives to the rule that could affect the 

2844 economic impacts of the rule on small entities. For the reasons described below, these 

2845 alternatives are not consistent with the statutory objectives of the rule and are not included in the 
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2846 proposed rule.

2847 • Exempting all laminated products from the definition of hardwood plywood. EPA 

2848 considered excluding all laminated products from the definition of hardwood plywood. Because 

2849 eligibility for such an exemption would not be based on the type of resins used to attach a wood 

2850 veneer to a platform, currently available information indicates that these optionsthis would have 

2851 allowed laminated products that exceed the formaldehyde emission standards to be exempted 

2852 from the definition of hardwood plywood. Therefore, on the basis of information currently 

2853 available to the Agency, EPA has concluded that such alternative options areexempting all 

2854 laminated products from the definition of hardwood plywood is not consistent with TSCA Title 

2855 VI’s statutory mandate that EPA promulgate regulations in a manner that ensures compliance 

2856 with the emission standards in TSCA section 601(b)(2). 

2857 • Providing additional de minimis exceptions. EPA has decided not to propose an 

2858 exception from any of the regulatory requirements for products containing small amounts of 

2859 composite wood products, other than implementing the statutory exceptions for certain windows 

2860 and doors. EPA does not have the authority to promulgate a de minimis exception to the 

2861 statutory requirements (e.g., emissions standards, or quarterly testing); rather EPA has the 

2862 authority to promulgate a de minimis exception for the other regulatory provisions (e.g., record 

2863 keeping, chain-of-custody, quality control testing, and labeling). EPA does not know of any 

2864 information that suggests that products with a de minimis amount of composite wood products 

2865 would necessarily be made from panels that meet the statutory emissions standards, as required 

2866 by the statute. Thus, EPA believes it is necessary to make these products subject to the already 

2867 reduced regulatory requirements. EPA has concluded that, on the basis of information currently 

2868 available to the Agency, excepting such products would not be consistent with TSCA Title VI’s 
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2869 statutory mandate that EPA promulgate regulations in a manner that ensures compliance with the 

2870 emission standards in TSCA section 601(b)(2). 

2871 • Not requiring retention of tested lots. EPA is proposing to require that panel producers 

2872 retain lots of composite wood products from which quality control or quarterly samples have 

2873 been selected until the samples have been tested and the results received. Without this 

2874 requirement, panel producers could inadvertently sell products exceeding the emission standards 

2875 in TSCA section 601(b)(2). Furthermore, EPA believes that the proposed approach may be less 

2876 burdensome overall and offer better protection to importers, distributors, wholesalers, retailers, 

2877 and consumers than an approach relying on after-the-fact enforcement actions and customer 

2878 notifications. 

2879 Additional information on the alternatives that EPA considered is presented elsewhere in 

2880 this proposal, and in the IRFA (Ref. 61). 

2881 EPA invites comments on all aspects of the proposal and its impacts on small entities. 

2882 D. Unfunded Mandates Reform Act (UMRA) 

2883 Title II of UMRA, 2 U.S.C. 1531-1538, establishes requirements for Federal agencies to 

2884 assess the effects of their regulatory actions on State, local, and tribal governments and the 

2885 private sector. This rule contains a Federal mandate that may result in expenditures exceeding 

2886 the inflation-adjusted UMRA threshold of $100 million or more for State, local, and tribal 

2887 governments, in the aggregate, or the private sector in any one year. Accordingly, EPA has 

2888 prepared under section 202 of the UMRA a written statement which is summarized below (Ref. 

2889 4562). 

2890 1. Authorizing legislation. This proposed rule is issued under the authority of Section 601 

2891 of TSCA, 15 U.S.C. 2697. 
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2892 2. Cost-benefit analysis. EPA has prepared an analysis of the costs and benefits 

2893 associated with this rulemaking, a copy of which is available in the docket for this rulemaking 

2894 (Ref. 3946). The Economic Analysis presents the costs of the rule as well as various regulatory 

2895 options and is summarized in Unit V.A. of this preamble. EPA has estimated that this proposal 

2896 will result in a total cost of $435434 million to $447 million in the first year. The cost is 

2897 estimated to drop to $5756 million to $6665 million in the second year. The total annualized 

2898 cost of this proposal is $72 million to $81 million per year when using a 3% discount rate and 

2899 $8180 million to $89 million per year using a 7% discount rate. When adjusted for inflation, the 

2900 $100 million UMRA threshold is equivalent to approximately $143 million in 2010 dollars. 

2901 Thus, the cost of the rule to the private sector and State, local, and Tribal governments in the 

2902 aggregate exceeds the inflation-adjusted UMRA threshold in the first year. 

2903 This proposed rule will reduce exposures to formaldehyde, resulting in benefits from 

2904 avoided adverse health effects. For the subset of health effects where the results were quantified, 

2905 the estimated annualized benefits (due to avoided incidence of asthma, eye irritation, 

2906 nasopharyngeal cancer, and reduced female fertilityeye irritation) are $18420 million to $27848

2907 million per year using a 3% discount rate, and $919 million to $13723 million per year using a 

2908 7% discount rate. There are additional unquantified benefits due to other avoided health effects

2909 (upper respiratory tract pathology, pulmonary function, allergic sensitization, immune function 

2910 effects, neurological and behavioral toxicity, and developmental toxicity)..

2911 Net benefits are the difference between benefits and costs. The proposal is estimated to 

2912 result in quantified net benefits of $103-$24 million to $206-$60 million per year using a 3% 

2913 discount rate, and $2 million to $-$57 million to -$79 million per year using a 7% discount rate. 

2914 EPA considers the additional unquantified health benefits from avoided cases of respiratory 
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2915 related and other effects to be potentially important non-monetized impacts that contribute to the 

2916 overall net benefits of this rule.

2917 3. State, local, and Tribal government input. Consistent with the intergovernmental 

2918 consultation provisions of section 204 of the UMRA EPA has initiated consultations with 

2919 governmental entities affected by this rule. EPA has met with officials from the state of 

2920 California on numerous occasions to discuss aspects of the CARB ATCM and its 

2921 implementation. With the assistance of the National Conference of State Legislatures, EPA has 

2922 also initiated consultations with state environmental health directors. 

2923 4. Least burdensome option. Consistent with section 205, EPA has identified and 

2924 considered a reasonable number of regulatory alternatives. TSCA Title VI establishes specific 

2925 formaldehyde emission standards for hardwood plywood, particleboard, and medium-density 

2926 fiberboard and does not provide EPA with the authority to modify these standards. The statute 

2927 further directs EPA to promulgate implementing regulations that address elements such as 

2928 laminated products, products made with ultra low-emitting formaldehyde resins, products made 

2929 with no-added formaldehyde resins, testing requirements, product labeling, chain of custody 

2930 documentation and other recordkeeping requirements, and product inventory sell-through 

2931 provisions. Section 601(d) of TSCA requires EPA to promulgate implementing regulations in a 

2932 manner that ensures compliance with the TSCA Title VI emission standards. Within those 

2933 constraints, EPA has considered a number of regulatory alternatives for regulating laminated 

2934 products, as described in Unit III and elsewhere in this Unit, as well as in the Economic Analysis 

2935 (Ref. 39). 46). One of the alternative options that EPA considered, which would have exempted 

2936 all laminated products from the definition of hardwood plywood, had lower costs than the 

2937 proposed rule. But as explained elsewhere in this proposal, currently available information 
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2938 indicates that laminated products can exceed the formaldehyde emission standards. Therefore, 

2939 on the basis of information currently available to the Agency, EPA has concluded that exempting 

2940 all laminated products from the definition of hardwood plywood is not consistent with TSCA 

2941 Title VI’s statutory mandate that EPA promulgate regulations in a manner that ensures 

2942 compliance with the emission standards in TSCA section 601(b)(2). EPA has determined that 

2943 the proposed rule is the least burdensome option that is consistent with TSCA Title VI’s 

2944 statutory mandate that EPA promulgate regulations in a manner that ensures compliance with the 

2945 emission standards in TSCA section 601(b)(2). 

2946 This rule does not contain a significant Federal intergovernmental mandate as described 

2947 by § 203 of UMRA, because it neither imposes enforceable duties on State, local, or tribal 

2948 governments nor reduces an authorized amount of Federal financial assistance provided to State, 

2949 local, or tribal governments. And this proposed rule contains no regulatory requirements that 

2950 might significantly or uniquely affect small governments. The proposed rule would regulate 

2951 entities that manufacture (including import), fabricate, distribute, or sell composite wood 

2952 products. Governments do not typically engage in these activities, so government entities are not 

2953 expected to be subject to the rule’s requirements. 

2954 E. Executive Order 13132: Federalism 

2955 This action does not have federalism implications because. It will not have substantial 

2956 direct effects on the States, on the relationship between the national government and the States, 

2957 or on the distribution of power and responsibilities among the various levels of government, as 

2958 specified in Executive Order 13132 (64 FR 43255, August 10, 1999). The proposed rule would 

2959 not regulate governments directly, it would regulate entities that manufacture (including import), 

2960 fabricate, distribute, or sell composite wood products. Governments do not typically engage in 
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2961 these activities. Thus, Executive Order 13132 does not apply to this action. 

2962 In the spirit of Executive Order 13132, and consistent with EPA policy to promote 

2963 communications between EPA and State and local governments, EPA has met with officials 

2964 from the state of California on numerous occasions to discuss aspects of the CARB ATCM and 

2965 its implementation. With the assistance of the National Conference of State Legislatures, EPA 

2966 has also initiated consultations with state environmental health directors. EPA specifically 

2967 solicits comment on this proposed action from State and local officials. 

2968 F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments 

2969 This action does not have tribal implications, as specified in Executive Order 13175 (65 

2970 FR 67249, November 9, 2000). The proposed rule would not regulate tribal governments 

2971 directly, it would regulate entities that manufacture (including import), fabricate, distribute, or 

2972 sell composite wood products. Tribal governments do not typically engage in these activities. 

2973 Thus, Executive Order 13175 does not apply to this action. 

2974 EPA specifically solicits additional comment on this proposed action from tribal officials. 

2975 G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety 

2976 Risks 

2977 This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) 

2978 because it is not an economically significant regulatory action as defined by Executive Order 

2979 12866, and EPA believes that the environmental health or safety risk addressed by this action has

2980 a disproportionate effect on children. Accordingly. Nevertheless, EPA has evaluated the 

2981 environmental health effects of formaldehyde emissions from composite wood products on 

2982 children. The results of this evaluation are described in the Economic Analysis (Ref. 3946). The 

2983 analysis shows that children aged twozero through fifteenone represent 193 percent of the 
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2984 individuals affected by the rule and are estimated to accrue about 752 to 10 percent of the 

2985 proposed rule’s total quantified benefits. These results are drivenChildren aged two through 

2986 fifteen represent 20 percent of the individuals affected by the rule and are estimated to accrue 

2987 about 16 to 22 percent of the proposed rule’s total quantified benefits associated with avoiding 

2988 asthma incidence.. Given these results, EPA has determined that this proposed rule will not 

2989 have disproportionally high and adverse human health or environmental effects on children. 

2990 These proposed standards would reduce emissions of formaldehyde from composite wood 

2991 products for individuals of all ages that are exposed and children are likely tomay accrue higher 

2992 benefits from the exposure reductions compared to adults. 

2993 The public is invited to submit comments or identify peer-reviewed studies and data that 

2994 assess effects of early life exposure to formaldehyde. 

2995 H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy 

2996 Supply, Distribution, or Use 

2997 

2998 This proposed rule is not a ”“significant energy action” as defined in Executive Order 

2999 13211 (66 FR 28355, May 22, 2001), because it is not likely to have any adverse effect on the 

3000 supply, distribution, or use of energy. 

3001 I. National Technology Transfer and Advancement Act (NTTAA)

3002 Section 12(d) of NTTAA, 15 U.S.C. 272 note, directs EPA to use voluntary consensus 

3003 standards in its regulatory activities unless to do so would be inconsistent with applicable law or 

3004 otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials 

3005 specifications, test methods, sampling procedures, and business practices) that are developed or 

3006 adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, 

3007 through OMB, explanations when the Agency decides not to use available and applicable 

3008 voluntary consensus standards. 
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3009 This proposed rulemaking involves numerous technical standards, many of which EPA is 

3010 directed to use by TSCA Title VI. Technical standards identified in the statute include the two 

3011 quarterly test methods, ASTM E-1333-96 and ASTM D-6007-02, a quality control test method, 

3012 ASTM D-5582-00, and various standards that define specific composite wood products, such as 

3013 ASTM D-5456-06 (Structural Composite Lumber Products), ASTM D-5055-05 (Prefabricated 

3014 Wood I-Joists), ANSI A190.1 (Structural Glued Laminated Timber), ANSI/HPVA HP–1–2009 

3015 (Hardwood and Decorative Plywood), ANSI A208.2–2 2009 (Medium Density Fiberboard), 

3016 ANSI A208.1–2009 (Particleboard), PS-1-07 (Structural Plywood), and PS-2-04 (Wood-Based 

3017 Structural-Use Panels). 

3018 In addition, EPA has identified other voluntary consensus standards that EPA is 

3019 proposing to incorporate into this regulation. These include the revised quarterly test method, 

3020 ASTM E-1333-10, and standards that define hardboard, ANSI A135.4, ANSI A135.5, and ANSI 

3021 A135.6. EPA is also proposing to allow three alternative quality control test methods that are 

3022 incorporated in voluntary consensus standards, EN 717-2 (gas analysis), EN 120 (perforator), 

3023 and JIS A 1460 (24-hour desiccator). 

3024 EPA is proposing the use of voluntary consensus standards issued by the International 

3025 Organization for Standardization, ASTM International, the American National Standards 

3026 Institute, the National Institute of Standards and Technology, the European Committee for 

3027 Standardization, Georgia Pacific Chemicals LLC, and the Japanese Standards Association. 

3028 Copies of the standards referenced in the proposed regulatory text at 40 CFR 770.1, 770.3, 

3029 770.10, 770.15, 770.17, 770.20, and 770.6020 have been placed in the docket for this proposed 

3030 rule. You may also obtain copies of these standards from: 
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3031 (1) International Organization for Standardization, Case postale 56, CH·1211, Geneve 20, 

3032 Switzerland, telephone +41–22–749–01–11, http://www.iso.org. 

3033 (2) ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, 

3034 PA, 19428-2959 USA, telephone (877) 909-ASTM, http://www.astm.org. 

(3) ANSI, American National Standards Institute, 1899 L Street, NW, 11th 3035 Floor, 

3036 Washington, DC 200036, telephone (202) 293-9287, http://ansi.org/. 

3037 (4) National Institute of Standards and Technology, Technology Administration, U.S. 

3038 Department of Commerce, 100 Bureau Drive, MS 2150, Gaithersburg, MD 20899-2150; 

3039 http://ts.nist.gov/docvps. 

3040 (5) CEN, European Committee for Standardization, CEN-CENELEC Management 

Centre, 4th 3041 Floor, Avenue Marnix 17, B-1000 Brussels, telephone +32-3-550-08-11, 

3042 http://www.cen.eu/cen/pages/default.aspx. 

3043 (6) Georgia-Pacific Chemicals LLC, 133 Peachtree Street, Atlanta, GA 30303, telephone 

3044 (877) 377-2737, http://www.gp-dmc.com/default.aspx. 

3045 (7) Japanese Standards Association, Japanese Industrial Standards, 1-24, Akasaka 4, 

3046 Minatoku, Tokyo 107-8440, Japan, telephone +81-3-3583-8000, http://www.jsa.or.jp/. 

3047 In the final rule, EPA intends to seek approval from the Director of the Federal Register for the 

3048 incorporation by reference of the standards referenced in the final rule in accordance with 5 

3049 U.S.C. 552(a) and 1 CFR part 51. 

3050 EPA welcomes comments on this aspect of the proposed rulemaking and specifically 

3051 invites the public to identify additional potentially-applicable voluntary consensus standards and 

3052 to explain why such standards should be used in this regulation. 

3053 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 

3054 Populations and Low-Income Populations 
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3055 

3056 Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive 

3057 policy on environmental justice. Its main provision directs federal agencies, to the greatest 

3058 extent practicable and permitted by law, to make environmental justice part of their mission by 

3059 identifying and addressing, as appropriate, disproportionately high and adverse human health or 

3060 environmental effects of their programs, policies, and activities on minority populations and low3061 income populations in the United States. 

3062 EPA has determined that this proposed rule will not have disproportionally high and 

3063 adverse human health or environmental effects on any population, including any minority or 

3064 low-income population. These proposed standards would reduce emissions of formaldehyde 

3065 from composite wood products for all populations that are exposed, with slightly larger benefits 

3066 for individuals from minority or low-income affected populations. 

3067 This proposed rule establishes standards that reduce emissions of formaldehyde from 

3068 composite wood products. Formaldehyde exposure may cause a range of health effects including 

3069 nasopharyngeal cancer, sensory irritation, asthma, and female reproductive toxicity. respiratory 

3070 related and other effects.

3071 The Economic Analysis (Ref. 3946), described in Unit V.A, monetizes the benefits from 

3072 reducing eachthe number of these four identified health impacts,cases of nasopharyngeal cancer

3073 and estimates total benefits as the sum of these four categoriessensory irritation. Benefits 

3074 valuation is done for formaldehyde exposure in five climate zones from nine different housing 

3075 types (five types of new housing and four types of renovated housing), allowing for off-gassing 

3076 of up to ten years, as well as occupational, school, and outside formaldehyde exposure. The 

3077 population in these climate zones and housing types is broken down into broad age and 

3078 employment categories to assess exposure. 
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3079 The Economic Analysis (Ref. 3946) includes an environmental justice analysis that 

3080 expands on the primary benefits analysis by analyzing the monetized impacts specifically for 

3081 minority and low-income populations. Results indicate that disaggregation of total benefits by 

3082 population groups leads to variation in the range of individual benefits, by minority population. 

3083 Benefits estimates are reported in 2010 dollars, annualized at a 3% rate. The population of all 

3084 individuals affected by the rule shows the same estimates reported in the total benefits analysis; 

3085 annualizedquantified benefits rangingfor the proposed rule range from $18420 million to $27848

3086 million for the options with emissions standards that are consistent with the statute, and 

3087 $1.74average $0.19 to $2.620.45 per individual. The affected Non-Hispanic White population 

3088 account for 65% of the total affected population, accrue 5460% to 61% of the total 

3089 annualizedquantified benefits, and experience average annualized quantified benefits ranging 

3090 from $1.430.18 to $2.160.42 per individual. In comparison, benefits for minority populations are 

3091 higher. Minority populations represent about 35% of the individuals affected by the rule and are 

3092 estimated to accrue about 4540% of the proposed rule’s totalquantified benefits. The affected 

3093 Non-Hispanic Black population account for 12% of the total affected population, accrue 15% to 

3094 1613% of the total annualizedquantified benefits, and experience average annualized quantified 

3095 benefits ranging from $2.320.21 to $3.350.49 per individual. The affected Hispanic population 

3096 account for 15% of the total affected population, accrue 2218% of the total annualizedquantified

3097 benefits, and experience average annualized quantified benefits ranging from $2.470.22 to 

3098 $3.780.51 per individual. The affected Non-Hispanic Native American or Alaskan Indian 

3099 population account for 0.6% of the total affected population, accrue 0.76% of the total 

3100 annualizedquantified benefits, and experience average annualized quantified benefits ranging 

3101 from $1.920.19 to $2.800.43 per individual. The affected low-income population account for 
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3102 12% of the total affected population, accrue 1814% to 15% of the total annualizedquantified

3103 benefits, and experience average annualized quantified benefits ranging from $2.490.22 to 

3104 $3.820.53 per individual. 

3105 To further improve the analysis for the final rule, the public is invited to submit 

3106 comments or identify peer-reviewed studies and data that assess the exposures of minority or 

3107 low-income populations to formaldehyde emissions from composite wood products, and the 

3108 health effects of those exposures. 

3109 
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3110 List of Subjects in 40 CFR Part 770 

3111 Environmental protection, Formaldehyde, Reporting and recordkeeping requirements, 

3112 Toxic substances, Wood. 

3113 

3114 Dated: ____________________ 

3115 

3116 __________________________________________ 

3117 Administrator 

3118 
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3119 Therefore, 40 CFR part 770 as proposed on [insert date of TPC proposal] (76 FR ?????), 

3120 is amended to read as follows 

3121 1. The authority citation for part 770 continues to read as follows: 

3122 Authority: 15 U.S.C. 2697(d). 

3123 2. Section 770.1 is amended by adding paragraphs (b) through (e) to read as follows. 

3124 § 770.1 Scope and applicability. 

3125 * * * * * 

3126 (b) This subpart applies to any hardwood plywood, particleboard, or medium-density 

3127 fiberboard, or finished goods containing these materials, that are sold, supplied, offered for sale, 

3128 or manufactured (including imported) in the United States. 

3129 (c) This subpart does not apply to the following: 

3130 (1) Any finished good that has previously been sold or supplied to an individual or entity 

3131 that purchased or acquired the finished good in good faith for purposes other than resale, e.g., an 

3132 antique or secondhand furniture. 

3133 (2) Hardboard, unless the hardboard is used as a core for hardwood plywood. 

3134 (3) Structural plywood, as specified in PS-1-07, Voluntary Product Standard—Structural 

3135 Plywood. 

3136 (4) Structural panels, as specified in PS-2-04, Voluntary Product Standard—Performance 

3137 Standard for Wood-Based Structural-Use Panels. 

3138 (5) Structural composite lumber, as specified in ASTM D5456-06, Standard Specification 

3139 for Evaluation of Structural Composite Lumber Products. 

3140 (6) Oriented strand board. 
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3141 (7) Glued laminated lumber, as specified in ANSI A190.1-2002, Structural Glued 

3142 Laminated Timber. 

3143 (8) Prefabricated wood I-joists, as specified in ASTM D5055-05, Standard Specification 

3144 for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists. 

3145 (9) Finger-jointed lumber. 

3146 (10) Wood packaging, including pallets, crates, spools, and dunnage. 

3147 (11) Composite wood products used inside the following: 

3148 (i) New vehicles (other than recreational vehicles) that are constructed entirely from new 

3149 parts and that have never been the subject of a retail sale or registered with the applicable State 

3150 or other governmental agency. 

3151 (ii) New rail cars. 

3152 (iii) New boats. 

3153 (iv) New aerospace craft. 

3154 (v) New aircraft. 

3155 (d) The emission standards in § 770.10 do not apply to windows that contain composite 

3156 wood products, if the windows contain less than 5% by volume of hardwood plywood, 

3157 particleboard, or medium-density fiberboard, combined, in relation to the total volume of the 

3158 finished window. 

3159 (e) The emission standards in § 770.10 do not apply to exterior doors and garage doors 

3160 that contain composite wood products, if: 

3161 (1) The doors are made from composite wood products manufactured with no-added 

3162 formaldehyde-based resins or ultra low-emitting formaldehyde resins; or 
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3163 (2) The doors contain less than 3% by volume of hardwood plywood, particleboard, or 

3164 medium-density fiberboard, combined, in relation to the total volume of the finished exterior 

3165 door or garage door. 

3166 3. Section 770.2 is amended by adding paragraphs (d) and (e) to read as follows: 

3167 § 770.2 Effective dates. 

3168 * * * * *

3169 (d) After [date 1 year after publication of the final rule in the Federal Register], all 

3170 hardwood plywood, particleboard, and medium-density fiberboard, and finished goods 

3171 containing these materials, sold, supplied, offered for sale, or manufactured (including imported) 

3172 in the United States must comply with this subpart. Except: Hardwood plywood, particleboard, 

3173 and medium-density fiberboard manufactured (including imported) before [date 1 year after 

3174 publication of the final regulations in the Federal Register] may be sold, supplied, offered for 

3175 sale, or used to fabricate component parts or finished goods at any time. 

3176 (e) After [date 1 year after publication of the final rule in the Federal Register], all 

3177 manufacturers (including importers), fabricators, suppliers, distributors, and retailers of 

3178 hardwood plywood, particleboard, and medium-density fiberboard, and finished goods 

3179 containing these materials, must comply with this subpart. 

3180 4. Section 770.3 is amended by revising the definition for “Panel producer” and 

3181 alphabetically adding the following definitions to read as follows: 

3182 § 770.3 Definitions. 

3183 * * * * * 

3184 Article means a manufactured item which: 

3185 (i) Is formed to a specific shape or design during manufacture. 
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3186 (ii) Has end use functions dependent in whole or in part upon its shape or design during 

3187 the end use. 

3188 (iii) Has either no change of chemical composition during its end use or only those 

3189 changes of composition which have no commercial purpose separate from that of the article and 

3190 that may occur as described in 19 CFR 12.120(a)(2); except that fluids and particles are not 

3191 considered articles regardless of shape or design. 

3192 Bundle means more than one composite wood product panel, component part, or finished 

3193 good fastened together for transportation or sale. 

3194 Component part means a part that contains one or more composite wood products and is 

3195 used in the assembly of finished goods. 

3196 * * * * *

3197 Distributor means an entity that supplies composite wood products, component parts, or 

3198 finished goods to others. 

3199 * * * * * 

3200 Fabricator means an entity that incorporates composite wood products into component 

3201 parts or into finished goods. 

3202 Finished good means any good or product, other than a panel, that contains hardwood 

3203 plywood, particleboard, or medium-density fiberboard and that is not a component part or other 

3204 part used in the assembly of a finished good. 

3205 Hardboard means a panel composed of cellulosic fibers made by dry or wet forming and 

3206 hot pressing of a fiber mat, either without resins, or with a phenolic resin (e.g., a phenol3207 formaldehyde resin),) or a resin system in which there is no -added formaldehyde as part of the 

3208 resin cross-linking structure, as determined under one of the following ANSI standards: ANSI 
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3209 A135.4 (Basic Hardboard), ANSI A135.5 (Prefinished Hardboard Paneling), or ANSI A135.6 

3210 (Hardboard Siding). 

3211 Hardwood plywood means a hardwood or decorative panel that is intended for interior 

3212 use and composed of (as determined under ANSI/HPVA HP–1–2009) an assembly of layers or 

3213 plies of veneer, joined by an adhesive with a lumber core, a particleboard core, a medium-density 

3214 fiberboard core, a hardboard core, a veneer core, or any other special core or special back 

3215 material. Hardwood plywood does not include military-specified plywood, curved plywood, or 

3216 any plywood specified in PS-1-07, Voluntary Product Standard – Structural Plywood, or PS-2-

3217 04, Voluntary Product Standard – Performance Standard for Wood-Based Structural-Use Panels. 

3218 In addition, hardwood plywood does not include laminated products that are made by attaching a 

3219 wood or woody grass veneer with a no-added formaldehyde-based resin to a core that has been 

3220 manufactured in compliance with this subpart and that is either certified in accordance with § 

3221 770.60 or15, manufactured with no-added formaldehyde-based resins under § 770.17., or 

3222 manufactured with ultra low-emitting formaldehyde-based resins under § 770.18(d). 

3223 Importer means an entity that imports composite wood products, component parts that 

3224 contain composite wood products, or finished goods that contain composite wood products into 

3225 the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff 

3226 Schedules of the United States). Importer includes: 

3227 (1) The entity primarily liable for the payment of any duties on the products, or 

3228 (2) An authorized agent acting on the entity’s behalf. 

3229 Intended for interior use means intended for use or storage inside a building or 

3230 recreational vehicle, or constructed in such a way that it is not suitable for long term use in a 

3231 location exposed to the elements. 
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3232 * * * * *

3233 Laminated product means a product in which a wood or woody grass veneer is affixed to 

3234 a particleboard platform, a medium-density fiberboard platform, or a veneer core platform. A 

3235 laminated product is a component part used in the construction or assembly of a finished good. 

3236 Laminated product producer means a manufacturing plant or other facility that 

3237 manufactures (excluding importsfacilities that solely import products) laminated products on the 

3238 premises. 

3239 Lot means the particular batch of a product type made during a single production run. 

3240 Medium-density fiberboard means a panel composed of cellulosic fibers made by dry 

3241 forming and pressing a resinated fiber mat (as determined under ANSI A208.2–2009). 

3242 No-added formaldehyde-based resin means a resin formulated with no added 

3243 formaldehyde as part of the resin cross-linking structure in a composite wood product that meets 

3244 the emission standards in § 770.17(c). 

3245 Non-complying lot means any lot or batch of composite wood product represented by a 

3246 quarterly or quality control test value that exceeds the applicable standard for the particular 

3247 composite wood product. In the case of a quarterly test value, only the particular lot or batch 

3248 from which the sample was taken would be considered a non-complying lot. However, future 

3249 production of the product type(s) represented by a failed quarterly test are not considered 

3250 certified and must be treated as a non-complying lot until the product type(s) are re-qualified 

3251 through a successful quarterly test. 

3252 Panel means a flat or raised piece of composite wood product. 

3253 Panel producer means a manufacturing plant or other facility that manufactures 

3254 (excluding importsfacilities that solely import products) composite wood products on the 
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3255 premises. This includes laminated products not excluded from the definition of hardwood 

3256 plywood. 

3257 Particleboard means a panel composed of cellulosic material in the form of discrete 

3258 particles (as distinguished from fibers, flakes, or strands) that are pressed together with resin (as 

3259 determined under ANSI A208.1–2009). Particleboard does not include any product specified in 

3260 PS-2-04, Performance Standard for Wood-Based Structural-Use Panels. 

3261 * * * * *

3262 Product type means a type of composite wood product that differs from another, made by 

3263 the same panel producer, based on wood type, composition, thickness, number of plies (if 

3264 hardwood plywood), or resin used. Products with similar emissions made with the same resin 

3265 system may be considered to be the same product type. Factors to consider in determining 

3266 whether products belong to the same product type include those factors likely to affect 

3267 emissions, such as wood type, resin type, core type, veneer type, and press time. 

3268 Production line means a set of operations and physical industrial or mechanical 

3269 equipment used to produce a composite wood product. 

3270 Purchaser means an entity that acquires composite wood products in exchange for money 

3271 or its equivalent. 

3272 Quality control limit means the quality control method test formaldehyde value that is the 

3273 correlative equivalent to the applicable emission standard based on the ASTM E1333-10 method. 

3274 Recreational vehicle means a vehicle which is: 

3275 (1) Built on a single chassis. 

3276 (2) Four hundred square feet or less when measured at the largest horizontal projections. 

3277 (3) Self-propelled or permanently towable by a light duty truck. 
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3278 (4) Designed primarily not for use as a permanent dwelling but as temporary living 

3279 quarters for recreational, camping, travel, or seasonal use. 

3280 Retailer means an entity that generally sells smaller quantities of composite wood 

3281 products directly to consumers. 

3282 Scavenger means a chemical or chemicals that can be applied to resins or composite 

3283 wood products to reduce the amount of formaldehyde that can be emitted from composite wood 

3284 products. 

3285 Stockpiling means manufacturing or purchasing composite wood products, whether in the 

3286 form of panels or incorporated into finished goods, between July 7, 2010 and [date 180 days 

3287 after publication of the final rule in the Federal Register] at an average rate at least 1020% 

3288 greater than the average rate of manufacture or purchase during the 2009 calendar year for the 

3289 purpose of circumventing the emission standards and other requirements of this subpart. 

3290 Thin medium-density fiberboard means medium-density fiberboard that has a thickness 

3291 less than or equal to 8 millimeters or 0.315 inches. 

3292 * * * * * 

3293 Ultra low-emitting formaldehyde resin means a resin in a composite wood product that 

3294 meets the emission standards in 770.18(c).

3295 Veneer means a thin sheet of wood or woody grass that is rotary cut, sliced, or sawed 

3296 from a log, bolt, flitch, block, or culm. 

3297 Woody grass means a plant of the family Poaceae (formerly Gramineae) with hard 

3298 lignified tissues or woody parts. 

3299 5. Subpart C is added to read as follows: 

3300 Subpart C--Composite Wood Products 
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3301 Sec. 

3302 770.10 Formaldehyde emission standards. 

3303 

3304 770.12 Stockpiling. 

3305 770.15 Composite wood product certification. 

3306 770.17 No-added formaldehyde-based resins. 

3307 770.18 Ultra low-emitting formaldehyde resins.

3308 770.20 Testing requirements. 

3309 770.22 Non-complying lots. 

3310 770.24 Samples for testing. 

3311 770.30 Importers, fabricators, laminated product producers, distributors, and retailers. 

3312 770.40 Reporting and recordkeeping. 

3313 770.45 Labeling. 

3314 770.55 Prohibited acts. 

3315 Subpart C--Composite Wood Products 

3316 § 770.10 Formaldehyde emission standards. 

3317 (a) Except as provided in §§ 770.1 and in 770.17, the emission standards in this section 

3318 apply to composite wood products sold, supplied, offered for sale, or manufactured (including 

3319 imported) in the United States. These emission standards apply regardless of whether the 

3320 composite wood product is in the form of a panel, a component part, or incorporated into a 

3321 finished good. 

3322 (b) The emission standards are based on test method ASTM E1333-10, and are as 

3323 follows: 

3324 (1) For hardwood plywood, 0.05 parts per million (ppm) of formaldehyde. 

3325 (2) For medium-density fiberboard, 0.11 ppm of formaldehyde. 
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3326 (3) For thin medium-density fiberboard, 0.13 ppm of formaldehyde. 

3327 (4) For particleboard, 0.09 ppm of formaldehyde. 

3328 § 770.12 Stockpiling. 

3329 (a) The sale of stockpiled inventory of composite wood products, whether in the form of 

3330 panels or incorporated into finished goods, is prohibited after [date 1 year after publication of the

3331 final rule in the Federal Register]. 

3332 (b) To determine whether stockpiling has occurred, the rate of manufacture or purchase is 

3333 measured as follows: 

3334 (1) For composite wood products in the form of panels, the rate is measured in terms of 

3335 square footage of panels produced. 

3336 (2) For composite wood products incorporated into component parts or finished goods, 

3337 the rate is measured in terms of the square footage of composite wood product panels purchased 

3338 for the purpose of incorporating them into component parts or finished goods. 

3339 (c) Manufacturers or purchasers who can demonstrate that they have a greater than 

3340 1020% increase in manufacturing or purchasing composite wood products for some reason other 

3341 than circumventing the emissions standards would not be in violation of this section. Such 

3342 reasons may include, but are not limited to: 

3343 (1) A quantifiable immediate increase in customer demand or sales. 

3344 (2) A documented and planned business expansion. 

3345 (3) The manufacturer or purchaser was not in business at the beginning of calendar year 

3346 2009. 

3347 (4) An increase in production to meet increased demand resulting from an emergency 

3348 event or natural disaster. 
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3349 § 770.15 Composite wood product certification. 

3350 (a) Only certified composite wood products, whether in the form of panels or 

3351 incorporated into component parts or finished goods, are permitted to be sold, supplied, offered 

3352 for sale, or manufactured (including imported) in the United States, unless the product is 

3353 specifically exempted by this subpart. 

3354 (b) Certified composite wood products are those that are produced or fabricated in 

3355 accordance with all of the provisions of this subpart. 

3356 (c) To obtain product certification, a panel producer must apply to a TSCA Title VI 

3357 Accredited TPC. The application must contain the following: 

3358 (1) The panel producer’s name, address, telephone number, and other contact 

3359 information. 

3360 (2) A copy of the panel producer’s quality control manual as required by § 770.20(e)(1). 

3361 (3) Name and contact information for the panel producer’s quality control manager. 

3362 (4) An identification of the specific products for which certification is requested, and the 

3363 chemical formulation of the resins, including base resins, catalysts, and other additives used in 

3364 panel production. 

3365 (5) At least one test conducted in accordance with § 770.20(c). 

3366 (6) Three months of routine quality control tests conducted in accordance with 

3367 § 770.20(b). 

3368 (d) The TSCA Title VI Accredited TPC must act on a panel producer’s complete 

3369 application within 90 days of receipt. 
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3370 (1) If the application demonstrates that the candidate product achieves the applicable 

3371 emission standards described in § 770.10, the TSCA Title VI Accredited TPC will approve the 

3372 application. 

3373 (2) If the application does not demonstrate that the candidate product achieves the 

3374 applicable emission standards described in § 770.10, the TSCA Title VI Accredited TPC will 

3375 disapprove the application. A new application may be submitted for the candidate product at any 

3376 time. 

3377 (e) If a panel producer fails a quarterly test, certification for any product types 

3378 represented by the sample is suspended until a compliant quarterly test result is obtained. 

3379 § 770.17 No-added formaldehyde-based resins. 

3380 (a) Producers of composite wood product panels made with no-added formaldehyde3381 based resins may apply to a TSCA Title VI Accredited TPC for a 2-year exemption from the 

3382 testing and certification requirements in § 770.20. A copy of the application must be sent to 

3383 EPA. The application must contain the following: 

3384 (1) The panel producer’s name, address, telephone number, and other contact 

3385 information. 

3386 (2) An identification of the specific product and the chemical formulation of the resins, 

3387 including base resins, catalysts, and other additives as used in manufacturing. 

3388 (3) At least one test conducted under the supervision of a TSCA Title VI Accredited TPC 

3389 pursuant to test method ASTM E1333-10 or ASTM D6007-02. Test results obtained by ASTM 

3390 D6007-02 must include a showing of equivalence in accordance with § 770.20(d)(1). 

3391 (4) Three months of routine quality control tests under § 770.20, including a showing of 

3392 equivalence in accordance with § 770.20(d)(2). 
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3393 (b) The TSCA Title VI Accredited TPC will approve a panel producer’s application 

3394 within 90 days of receipt if the application is complete and demonstrates that the candidate 

3395 product achieves the emission standards described in paragraph (c) of this section. 

3396 (c) As measured according to paragraphs (a)(3) and (a)(4) of this section, the emission 

3397 standards for composite wood products made with no-added formaldehyde-based resins are as 

3398 follows: 

3399 (1) No test result higher than 0.05 parts per million (ppm) of formaldehyde for hardwood 

3400 plywood and 0.06 ppm for particleboard, medium-density fiberboard, and thin medium-density 

3401 fiberboard. 

3402 (2) No higher than 0.04 ppm of formaldehyde for 90% of the 3 months of routine quality 

3403 control testing data required under paragraph (a)(4) of this section. 

3404 (d) After the initial 2-year period, and every 2 years thereafter, in order to continue to 

3405 qualify for the exemption from the testing and certification requirements, the panel producer 

3406 must reapply to a TSCA Title VI Accredited TPC and obtain at least one test result in accordance 

3407 with paragraph (a)(3) of this section that complies with the emission standards in paragraph 

3408 (c)(1) of this section. 

3409 (e) Any change in the resin formulation, the core material, or any other part of the 

3410 manufacturing process that may affect formaldehyde emission rates invalidates the exemption 

3411 for any product produced after such a change.

3412 § 770.18 Ultra low-emitting formaldehyde resins.

3413 (a) Producers of composite wood product panels made with ultra low-emitting 

3414 formaldehyde resins may apply to a TSCA Title VI Accredited TPC for approval either to 

3415 conduct less frequent testing than is specified in § 770.20 or approval for a 2-year exemption
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3416 from the testing and certification requirements in § 770.20. A copy of the application must be 

3417 sent to EPA. The application must contain the following:

3418 (1) The panel producer’s name, address, telephone number, and other contact 

3419 information.

3420 (2) An identification of the specific product and the chemical formulation of the resins, 

3421 including base resins, scavenger resins, scavenger additives, catalysts, and other additives as 

3422 used in manufacturing.

3423 (3) At least two tests conducted under the supervision of a TSCA Title VI Accredited 

3424 TPC pursuant to test method ASTM E1333-10 or ASTM D6007-02. Test results obtained by 

3425 ASTM D6007-02 must include a showing of equivalence in accordance with § 770.20(d)(1). 

3426 (4) Six months of routine quality control tests under § 770.20, including a showing of 

3427 equivalence in accordance with § 770.20(d)(2). 

3428 (b) The TSCA Title VI Accredited TPC will approve a panel producer’s application 

3429 within 90 days of receipt if the application is complete and demonstrates that the candidate 

3430 product achieves the emission standards required for reduced testing as described in paragraph 

3431 (c) of this section or the emission standards required for a 2-year exemption as described in 

3432 paragraph (d) of this section. 

3433 (c) As measured according to paragraphs (a)(3) and (a)(4) of this section, the emission 

3434 standards for reduced testing for composite wood products made with ultra low-emitting 

3435 formaldehyde resins are as follows: 

3436 (1) No test result higher than 0.05 parts per million (ppm) of formaldehyde for hardwood 

3437 plywood, 0.08 ppm for particleboard, 0.09 ppm for medium-density fiberboard, and 0.11 ppm for 

3438 thin medium-density fiberboard.
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3439 (2) For 90% of the 6 months of routine quality control testing data required under 

3440 paragraph (a)(4) of this section, no higher than 0.05 ppm of formaldehyde for particleboard, no 

3441 higher than 0.06 ppm of formaldehyde for medium-density fiberboard, and no higher than 0.08 

3442 ppm of formaldehyde for thin medium-density fiberboard. 

3443 (d) As measured according to paragraphs (a)(3) and (a)(4) of this section, the emission 

3444 standards for an exemption from the testing and certification requirements of § 770.20 for 

3445 composite wood products made with ultra low-emitting formaldehyde resins are as follows: 

3446 (1) No test result higher than 0.05 ppm of formaldehyde for hardwood plywood or 0.06 

3447 ppm of formaldehyde for particleboard, medium-density fiberboard, and thin medium-density

3448 fiberboard. 

3449 (2) For 90% of the 6 months of routine quality control testing data required under

3450 paragraph (a)(4) of this section, no higher than 0.04 parts per million of formaldehyde.(e) After 

3451 the initial 2-year period, and every 2 years thereafter, in order to continue to qualify for an 

3452 exemption from the testing and certification requirements, the panel producer must reapply to a

3453 TSCA Title VI Accredited TPC and obtain at least one test result in accordance with paragraph 

3454 (a)(3) of this section that complies with the emission standards in paragraph (c)(1) of this section.

3455 (f) Any change in the resin formulation, the core material, or any other part of the 

3456 manufacturing process that may affect formaldehyde emission rates invalidates the exemption 

3457 from the testing and certification requirements for any product resulting from such a change and

3458 produced after such a change. 

3459 § 770.20 Testing requirements. 

3460 (a) General requirements--(1) All panels must be tested in an unfinished condition, prior 

3461 to the application of a finishing or topcoat. 
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3462 (2) Facilities that conduct the formaldehyde testing required by this section must follow 

3463 the procedures and specifications, such as testing conditions and loading ratios, of the test 

3464 method being used. 

3465 (3) All equipment used in the formaldehyde testing required by this section must be 

3466 calibrated and otherwise maintained and used in accordance with the equipment manufacturer’s 

3467 instructions. 

3468 (b) Quality control testing--(1) Allowable methods. Quality control testing may be 

3469 performed using any of the following methods, with a showing of equivalence for each method 

3470 pursuant to paragraph (d) of this section: 

3471 (i) ASTM D6007-02. 

3472 (ii) ASTM D5582. 

3473 (iii) EN 717-2 (Gas Analysis Method). 

3474 (iv) DMC (Dynamic Micro Chamber). 

3475 (v) EN 120 (Perforator Method). 

3476 (vi) JIS A 1460 (24-hr DessicatorDesiccator Method). 

3477 (2) Frequency of testing--(i) Particleboard and medium-density fiberboard must be tested 

3478 at least once per shift (8 or 12 hours, plus or minus 1 hour of production) for each production line 

3479 for each product type. Quality control tests must also be conducted whenever: 

3480 (A) A product type production ends, even if 8 hours of production has not been reached. 

3481 (B) The resin formulation is changed so that the formaldehyde to urea ratio is increased. 

3482 (C) There is an increase by more than 10% in the amount of formaldehyde resin used, by 

3483 square foot or by panel. 

3484 (D) There is a decrease in the designated press time by more than 20%. 
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3485 (E) The quality control manager or quality control employee has reason to believe that 

3486 the panel being produced may not meet the requirements of the applicable standards. 

3487 (ii) Particleboard and medium-density fiberboard panel producers are eligible for reduced 

3488 quality control testing if they demonstrate consistent operations and low variability of test values. 

3489 To qualify, panel producers must: 

3490 (A) Apply in writing to a TSCA Title VI Accredited TPC. 

3491 (B) Maintain a 30 panel running average. 

3492 (C) If the 30 panel running average remains 2 standard deviations below the designated 

3493 quality control limit for 60 days or more, the TSCA Title VI Accredited TPC may approve a 

3494 reduction to 1 quality control test per 24-hour production period. 

3495 (D) If the 30 panel running average remains 3 standard deviations below the designated 

3496 quality control limit for 60 days or more, the TSCA Title VI Accredited TPC may approve a 

3497 reduction to 1 quality control test per 48-hour production period. 

3498 (E) The TSCA Title VI Accredited TPC will approve a request for reduced quality 

3499 control testing as long as the data submitted by the panel producer demonstrates compliance with 

3500 the criteria and the TSCA Title VI Accredited TPC does not otherwise have reason to believe 

3501 that the data are inaccurate or the panel producer’s production processes are inadequate to ensure 

3502 continued compliance with the emission standards. 

3503 (iii) Hardwood plywood must be tested as follows: 

3504 (A) At least one test per week per product type and production line if the weekly 

3505 hardwood plywood production at the panel producer is more than 100,000 but less than 200,000 

3506 square feet. 
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3507 (B) At least two tests per week per product type and production line if the weekly 

3508 hardwood plywood production at the panel producer is 200,000 square feet or more, but less than 

3509 400,000 square feet. 

3510 (C) At least four times per week per product type and production line if the weekly 

3511 hardwood plywood production at the panel producer is 400,000 square feet or more. 

3512 (D) If weekly production of hardwood plywood at the panel producer is 100,000 square 

3513 feet or less, at least one test per 100,000 square feet for each product type produced; or, if less 

3514 than 100,000 square feet of a particular product type in a single production run is produced, one 

3515 quality control test of that product type per production run or lot produced.

3516 (iv) Composite wood products that have been approved by TSCA Title VI Accredited 

3517 TPC for reduced testing under § 770.18(b)-(c) must be tested at least once per week per product 

3518 type and production line, except that hardwood plywood panel producers who qualify for less 

3519 frequent testing under (b)(2)(iii)(D) of this section may continue to perform quality control 

3520 testing under that provision. 

3521 (3) Lots selected for sampling. All lots from which samples are selected for quality 

3522 control testing must be retained at the panel producer’s facility until the quality control test 

3523 results are received by the panel producer. 

3524 (i) Lots represented by passing quality control test results may be shipped as soon as the 

3525 test results are received by the panel producer. 

3526 (ii) Lots represented by failing quality control test results must be handled as non3527 complying lots in accordance with § 770.22 

3528 (4) Results. Any sample that exceeds the quality control limit established pursuant to 

3529 this section must be reported to the TSCA Title VI Accredited TPC in writing within 24 hours. 
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3530 Any lot or batch represented by a quality control sample that exceeds the quality control limit 

3531 must be handled in accordance with § 770.22. 

3532 (c) Quarterly testing. Quarterly testing must be supervised by TSCA Title VI Accredited 

3533 TPCs and performed by laboratories accredited under § 770.607. 

3534 (1) Allowable methods. Quarterly testing must be performed using ASTM E1333-10 or, 

3535 with a showing of equivalence pursuant to paragraph (d) of this section, ASTM D6007-02. 

3536 (2) Sample selection--(i) Samples must be randomly chosen by a TSCA Title VI 

3537 Accredited TPC from a single lot or group of lots that is ready for shipment by the panel 

3538 producer. 

3539 (ii) Lots may be grouped for quarterly testing purposes. For hardwood plywood samples, 

3540 the samples must be randomly selected from products that have the highest potential to emit 

3541 formaldehyde. 

3542 (iii) Samples must not include the top or the bottom composite wood product of a bundle. 

3543 (iv) All lots from which samples are selected for quarterly testing must be retained at the 

3544 panel producer’s facility until the quarterly test results are received by the panel producer. This 

3545 includes lots that are grouped for purposes of quarterly testing. 

3546 (A) Lots represented by passing quarterly test results may be shipped as soon as the test 

3547 results are received by the panel producer. 

3548 (B) Lots represented by failing quarterly test results must be disposed of as non3549 complying lots in accordance with § 770.22 

3550 (3) Sample handling. Samples must be dead-stacked or air-tight wrapped between the 

3551 time of sample selection and the start of test conditioning. Samples must be labeled as such, 

3552 signed by the TSCA Title VI Accredited TPC, bundled air-tight, wrapped in polyethylene, 
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3553 protected by cover sheets, and promptly shipped to the laboratory testing facility. Conditioning 

3554 must begin as soon as possible, but no later than 30 days after the samples were produced. 

3555 (4) Results. Any sample that exceeds the applicable formaldehyde emission standard in 

3556 § 770.10 must be reported by the TSCA Title VI Accredited TPC to the panel producer and to 

3557 EPA in writing within 24 hours. Any lot or batch represented by a sample result that exceeds the 

3558 applicable formaldehyde emission standard must be disposed of in accordance with § 770.22. 

3559 Where lots are grouped for testing, this includes all lots in the group represented by the sample. 

3560 (5) Reduced testing frequency. Composite wood products that have been approved by 

3561 TSCA Title VI Accredited TPC for reduced testing under § 770.18(b)-(c) need only undergo 

3562 quarterly testing every six months. 

3563 (d) Equivalence. Equivalence between ASTM E1333-10 and any other test method used 

3564 for quality control or quarterly testing must be demonstrated by TSCA Title VI Accredited TPCs 

3565 at least once each year or whenever there is a significant change in equipment, procedure, or the 

3566 qualifications of testing personnel. 

3567 (1) Equivalence between ASTM E1333-10 and ASTM D6007-02. Equivalence must be 

3568 demonstrated for at least five comparison sample sets, which compare the results of the two 

3569 methods. 

3570 (i) Samples--(A) For the ASTM E1333-10 method, each comparison sample must consist 

3571 of the result of simultaneously testing panels, using the applicable loading ratios specified in the 

3572 ASTM E1333-10 method, from the same batch of panels tested by the ASTM D6007-02 method. 

3573 (B) For the ASTM D6007-02 method, each comparison sample shall consist of testing 

3574 specimens representing portions of panels tested in the ASTM E1333-10 method and matched to 

3575 their respective ASTM E1333-10 method comparison sample result. 
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3576 (C) The five comparison sample sets must consist of testing a minimum of five sample 

3577 sets as measured by the ASTM E1333-10 method. 

3578 (ii) Average and standard deviation. The arithmetic mean,  ̄x, and standard deviation, S, 

3579 of the difference of all comparison sets must be calculated as follows: 

3580 

3581 Where  ̄ x = arithmetic mean; 

3582 S = standard deviation; 

3583 n = number of sets; 

3584 Di = difference between the ASTM E1333-10 and ASTM D6007-02 method values for the ith 

3585 set; and 

3586 i ranges from 1 to n. 

3587 (iii) Equivalence determination. The ASTM D6007-02 method is considered equivalent 

3588 to the ASTM E1333-10 method if the following condition is met: 

3589 

3590 where C is equal to 0.026. 

3591 (2) Equivalence between ASTM E1333-10 and any quality control test method other than 

3592 ASTM D6007-02. Equivalence must be demonstrated by establishing an acceptable correlation 

3593 coefficient (“r” value). 

3594 (i) Correlation. The correlation must be based on a minimum sample size of five data 

3595 pairs and a simple linear regression where the dependent variable (Y-axis) is the quality control 

3596 test value and the independent variable (X-axis) is the ASTM E1333-10 test value. Either 
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3597 composite wood products or formaldehyde emission reference materials can be used to establish 

3598 the correlation. 

3599 (ii) Minimum acceptable correlation coefficients (“r” values). The minimum acceptable 

3600 correlation coefficients for equivalency correlations are as follows, where “n” is equal to the 

3601 number of data pairs, and “r” is the correlation coefficient: 

 

Degrees of Freedom 

 (n-2)

 r Value 

 3 0.878 

 4 0.811 

 5 0.754 

 6 0.707 

 7 0.666 

 8 0.632 

 9 0.602 

 10 or more 0.576 

3602 

3603 (iii) Variation from previous results. If data from a TSCA Title VI Accredited TPC's 

3604 quarterly test results and a panel producer's quality control test results do not fit the previously 

3605 established correlation, the TSCA Title VI Accredited TPC must establish a new correlation, and 

3606 new quality control limits. 

3607 (iv) Failed quarterly tests. If a panel producer fails two quarterly tests in a row for the 

3608 same product type, the TSCA Title VI Accredited TPC must establish a new correlation curve. 
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3609 (e) Quality assurance and quality control requirements for panel producers. Panel 

3610 producers are responsible for product compliance with the applicable emission standards. 

3611 (1) Quality control manual-- (i) Each panel producer must have a written quality control 

3612 manual containing, at a minimum, the following: 

3613 (A) A description of the organizational structure of the quality control department, 

3614 including the names of the quality control manager and quality control employees. 

3615 (B) A description of the sampling procedures to be followed. 

3616 (C) A description of the method of handling samples. 

3617 (D) A description of the frequency of quality control testing. 

3618 (E) A description of the procedures used to identify changes in formaldehyde emissions 

3619 resulting from production changes (e.g., increase in the percentage of resin, increase in 

3620 formaldehyde/urea molar ratio in the resin, or decrease in press time). 

3621 (F) A description of provisions for additional testing. 

3622 (G) A description of recordkeeping procedures. 

3623 (H) The average percentage of resin and press time for each product type. 

3624 (I) A description of product grouping, if applicable. 

3625 (J) Procedures for reduced quality control testing, if applicable. 

3626 (ii) The quality control manual must be approved by a TSCA Title VI Accredited TPC.

3627 (2) Quality control facilities. Each panel producer must designate a quality control 

3628 facility for conducting quality control formaldehyde testing. 

3629 (i) The quality control facility must be a laboratory owned and operated by the panel 

3630 producer, a TSCA Title VI Accredited TPC, or a contract laboratory. 
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3631 (ii) Each quality control facility must have quality control employees with adequate 

3632 experience and/or training to conduct accurate chemical quantitative analytical tests. The quality 

3633 control manager must identify each person conducting formaldehyde quality control testing to 

3634 the TSCA Title VI Accredited TPC. 

3635 (3) Quality control manager. Each panel producer must designate a person as quality 

3636 control manager with adequate experience and/or training to be responsible for formaldehyde 

3637 emission quality control. The quality control manager must: 

3638 (i) Have the authority to take actions necessary to ensure that applicable formaldehyde 

3639 emission standards are being met on an ongoing basis. 

3640 (ii) Be identified to the TSCA Title VI Accredited TPC that will be overseeing the quality 

3641 control testing. The panel producer must notify the TSCA Title VI Accredited TPC in writing 

3642 within 10 days of any change in the identity of the quality control manager and provide the 

3643 TSCA Title VI Accredited TPC with the new quality control manager’s qualifications. 

3644 (iii) Review and approve all reports of quality control testing conducted on the 

3645 production of the panel producer. 

3646 (iv) Ensure that the samples are collected, packaged, and shipped according to the 

3647 procedures specified in the quality control manual. 

3648 (v) Immediately inform the TSCA Title VI Accredited TPC in writing of any significant 

3649 changes in production that could affect formaldehyde emissions. 

3650 § 770.22 Non-complying lots. 

3651 (a) Non-complying lots are not certified composite wood products and they may not be 

3652 sold, supplied or offered for sale in the United States except in accordance with this section. 

3653 (b) Non-complying lots must be isolated from certified lots. 
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3654 (c) Non-complying lots may be retested using the same test method if each panel is 

3655 treated with a scavenger or handled by other means of reducing formaldehyde emissions, such as 

3656 aging. Tests must be performed as follows: 

3657 (1) At least three test panels must be selected from three separate bundles. They must be 

3658 selected so that they are representative of the entire lot. Test samples must not be selected from 

3659 the top or bottom panels of a bundle. 

3660 (2) The average of all samples must test at or below the applicable emission standards in 

3661 § 770.10. 

3662 (d) Information on the disposition of non-complying lots, including product type and 

3663 amount of composite wood products affected, lot or batch numbers, mitigation measures used, 

3664 results of retesting, and final disposition, must be provided to the TSCA Title VI Accredited TPC 

3665 within 7 days of final disposition. 

3666 § 770.24 Samples for testing.

3667 (a) Composite wood product panels may be shipped into and transported across the 

3668 United States for quality control or quarterly tests. 

3669 (1) Such panels may not be sold, offered for sale or supplied to any entity other than a 

3670 TSCA Title VI Accredited TPC laboratory or a contract laboratory before testing in accordance 

3671 with § 770.20. 

3672 (2) If test results for such panels demonstrate compliance with the emissions standards in 

3673 this subpart, the panels may be relabeled in accordance with § 770.50 and sold, offered for sale, 

3674 or supplied. 

3675 § 770.30 Importers, fabricators, laminated product producers, distributors, and retailers.

3676 (a) Importers, fabricators, laminated product producers whose products are exempt from 
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3677 the definition of hardwood plywood, distributors, and retailers must take reasonable precautions 

3678 to ensure that they are purchasing composite wood products, whether in the form of panels, 

3679 component parts, or finished goods, that comply with the emission standards and other 

3680 requirements of this subpart. 

3681 (b) For importers, fabricators, and laminated product producers, taking reasonable 

3682 precautions means specifying TSCA Title VI compliant products when ordering or purchasing 

3683 from suppliers and obtaining the following records: 

3684 (1) Records identifying the panel producer and the date the composite wood products 

3685 were produced. 

3686 (2) Records identifying the date the composite wood products were purchased. 

3687 (3) Bills of lading or invoices that include a written affirmation from the supplier that the 

3688 composite wood products are compliant with this subpart. 

3689 (c) Importers of articles that are composite wood products, or articles that contain 

3690 composite wood products, must comply with the import certification regulations for “Chemical 

3691 Substances in Bulk and As Part of Mixtures and Articles,” as found at 19 CFR 12.118 through 

3692 12.127 or as later promulgated. 

3693 (d) Records required by this section must be maintained in accordance with § 770.40(d). 

3694 § 770.40 Reporting and recordkeeping. 

3695 (a) Panel producers must maintain the following records for a period of 53 years. The 

3696 following records must also be made available to the panel producers’ TSCA Title VI Accredited 

3697 TPCs. Records described in paragraph (a)(1) of this section must also be made available to 

3698 purchasers of their composite wood products. 
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3699 (1) Records of all quarterly emission testing and all ongoing quality control testing. 

3700 These records must identify the TSCA Title VI Accredited TPC conducting or overseeing the 

3701 testing and the laboratory or quality control facility actually performing the testing. These 

3702 records must also include the date, the product type tested, the lot or batch number that the tested 

3703 material represents, the test method used, and the test results. 

3704 (2) Production records, including a description of the composite wood product(s), the 

3705 date of manufacture, lot or batch numbers, and tracking information allowing each product to be 

3706 traced to a specific lot number or batch produced. 

3707 (3) Records of changes in production, including changes of more than 10% in the resin 

3708 use percentage, changes in resin composition that result in a higher ratio of formaldehyde to 

3709 other resin components, and changes in the process, such as changes in press time by more than 

3710 20%. 

3711 (4) Records demonstrating initial and continued eligibility for the reduced testing 

3712 provisions in § 770.17 and § 770.18, if applicable. These records must include: 

3713 (i) Approval for reduced testing from a TSCA Title VI Accredited TPC. 

3714 (ii) Amount of resin use reported by volume and weight. 

3715 (iii) Production volume reported as square feet per product type. 

3716 (iv) Resin trade name, resin manufacturer contact information, and resin supplier contact 

3717 information. 

3718 (v) Any changes in the formulation of the resin. 

3719 (5) Purchaser information for each composite wood product, if applicable, including the 

3720 name, contact person, address, telephone number, e-mail address if available, purchase order or 

3721 invoice number, and amount purchased. 
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3722 (6) Transporter information for each composite wood product, if applicable, including 

3723 name, contact person, address, telephone number, e-mail address if available, and shipping 

3724 invoice number. 

3725 (7) Information on the disposition of non-complying lots, including product type and 

3726 amount of composite wood products affected, lot or batch numbers, mitigation measures used, 

3727 results of retesting, and final disposition. 

3728 (8) Copies of labels used. 

3729 (b) Panel producers must provide their TSCA Title VI Accredited TPC with monthly 

3730 product data reports for each production facility, production line, and product type, maintain 

3731 copies of the reports for a minimum of 53 years from the date that they are produced. Monthly 

3732 product data reports must contain a data sheet for each specific product type with test and 

3733 production information, and a quality control graph containing the following: 

3734 (1) Quality Control Limit (QCL). 

3735 (2) Shipping QCL (if applicable). 

3736 (3) Results of quality control tests. 

3737 (4) Retest values. 

3738 (c) Laminated product producers whose products are exempt from the definition of 

3739 hardwood plywood must keep records demonstrating eligibility for the exemption. These 

3740 records include: 

3741 (1) Resin trade name, resin manufacturer contact information, resin supplier contact 

3742 information, and resin purchase records. 

3743 (2) Panel producer contact information and panel purchase records. 
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3744 (3) For panels produced in-house, records demonstrating that the panels have been 

3745 certified by an accredited TPC. 

3746 (4) For resins produced in-house, records demonstrating the production of NAF resins. 

3747 (d) Importers, fabricators, and laminated product producers whose products are exempt 

3748 from the definition of hardwood plywood must maintain the records described in § 770.30 and 

3749 copies of labels used. These records must be maintained for a minimum of 53 years from the 

3750 date that they are produced. 

3751 (e) Distributors and retailers must retain invoices and bills of lading and copies of labels 

3752 used. These records must be maintained for a minimum of 53 years from the date that they are 

3753 produced. 

3754 § 770.45 Labeling. 

3755 (a) Panels or bundles of panels that are sold, supplied, or offered for sale in the United 

3756 States must be labeled with the panel producer’s name, the lot or batch number, the number of 

3757 the TSCA Title VI Accredited TPC, and a statement that the products are TSCA Title VI 

3758 certified. 

3759 (1) A panel producer number may be used instead of a name to protect identity, so long 

3760 as the identity of the panel producer can be determined at the request of EPA. 

3761 (2) Panels or bundles of panels manufactured in accordance with § 770.17 must also be 

3762 labeled that they were made with no-added formaldehyde-based resins in addition to the other 

3763 information required by this section. 

3764 (3) Panels or bundles of panels manufactured in accordance with § 770.18 must also be 

3765 labeled that they were made with ultra low-emitting formaldehyde in addition to the other 

3766 information required by this section. 
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3767 (b) Panels imported into or transported across the United States for quarterly or quality 

3768 control testing purposes in accordance with § 770.20 must be labeled “For TSCA Title VI testing 

3769 only, not for sale in the United States.” The panels may be re-labeled if test results are below the 

3770 applicable emissions standards in this subpart. 

3771 (c) Fabricators of finished goods containing composite wood products must label every 

3772 finished good they produce, or every box containing finished goods. 

3773 (1) The label may be applied as a stamp, tag, sticker, or bar code. 

3774 (2) The label must include, at a minimum, the fabricator’s name, the date the finished 

3775 good was produced, and a statement that the finished goods are TSCA Title VI compliant. 

3776 (d) Distributors, and wholesalers, and retailers who receive labeled bundles of regulated 

3777 composite wood products and then divide and repackage them, whether in bundles or separately, 

3778 must label each separate bundle or item with the same information as required on the original 

3779 label. Labels on bundles that are not so repackaged must be kept intact by distributors, 

3780 wholesalers, and retailers. 

3781 § 770.55 Prohibited acts. 

3782 (a) The following are prohibited acts under TSCA section 15: 

3783 (1) Manufacturing (including import) non-certified composite wood products unless the 

3784 products are specifically exempted by this subpart. 

3785 (2) Manufacturing (including import) composite wood products without complying with 

3786 the testing provisions in § 770.20, unless the products are specifically exempted by this subpart. 

3787 (3) Selling, offering for sale, or supplying non-certified composite wood products unless 

3788 the products are specifically exempted by this subpart. 
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3789 (4) Selling, offering for sale, or supplying composite wood products belonging to non3790 complying lots without first complying with the provisions of § 770.22. 

3791 (5) Selling, offering for sale, or supplying certified composite wood products that are not 

3792 labeled in accordance with § 770.45. 

3793 (6) Selling, offering for sale, or supplying composite wood products that exceed the 

3794 applicable emission standards of § 770.10. 

3795 (7) Failing to comply with the recordkeeping requirements of § 770.40. 

3796 6. Section 770.99 is revised to read as follows: 

3797 § 770.99 Incorporation by reference. 

3798 The materials listed in this section are incorporated by reference into this part with the 

3799 approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To 

3800 enforce any edition other than that specified in this section, a document must be published in the 

3801 Federal Register and the material must be available to the public. All approved materials are 

3802 available for inspection at the OPPT Docket in the EPA Docket Center (EPA/DC) at Rm. 3334, 

3803 EPA, West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading 

3804 Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 

3805 holidays. The telephone number of the EPA/DC Public Reading room is (202) 566-1744, and the 

3806 telephone number for the OPPT Docket is (202) 566-0280. In addition, these materials are also 

3807 available for inspection at the National Archives and Records Administration (NARA). For 

3808 information on the availability of this material at NARA, call (202) 741-6030 or go to 

3809 http://www.archives.gov/federal_register/code_of_federal_regulations/

3810 ibr_locations.html. These materials may also be obtained from the sources listed in this section. 
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3811 (a) ANSI material. Copies of these materials may be obtained from the American 

National Standards Institute, 1899 L Street, NW., 11th 3812 Floor, Washington, DC 20036, or by 

3813 calling (202) 293-8020, or at http://ansi.org/. 

3814 (1) ANSI A135.4- 2004, American National Standard, Basic Hardboard, IBR approved 

3815 for § 770.3. 

3816 (2) ANSI A135.5-2004, American National Standard, Prefinished Hardboard Paneling, 

3817 IBR approved for § 770.3. 

3818 (3) ANSI A135.6-2006, American National Standard, Hardboard Siding, IBR approved 

3819 for § 770.3. 

3820 (4) ANSI A190.1-2002, American National Standard for Wood Products, Structural 

3821 Glued Laminated Timber, IBR approved for § 770.1. 

3822 (5) ANSI A208.1-2009, American National Standard, Particleboard, IBR approved for 

3823 § 770.3. 

3824 (6) ANSI A208.2–2-2009, American National Standard, Medium Density Fiberboard 

3825 (MDF) for Interior Applications, IBR approved for § 770.3. 

3826 (7) ANSI/HPVA HP–1–2009, American National Standard for Hardwood and 

3827 Decorative Plywood, IBR approved for § 770.3. 

3828 (b) ASTM material. Copies of these materials may be obtained from ASTM International, 

3829 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA, 19428-2959, or by calling (877) 

3830 909-ASTM, or at http://www.astm.org. 

3831 (1) ASTM D5055-05 (2005), Standard Specification for Establishing and Monitoring 

3832 Structural Capacities of Prefabricated Wood I-Joists, IBR approved for § 770.1. 
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3833 (2) ASTM D5456-06 (2006), Standard Specification for Evaluation of Structural 

3834 Composite Lumber Products, IBR approved for § 770.1. 

3835 (3) ASTM D5582-00 (Reapproved 2006), October 1, 2006, Standard Test Method for 

3836 Determining Formaldehyde Levels from Wood Products Using a Desiccator, IBR approved for 

3837 §§ 770.7(a) through (c) and 770.20. 

3838 (4) ASTM D6007-02 (Reapproved 2008), October 1, 2008, Standard Test Method for 

3839 Determining Formaldehyde Concentrations in Air from Wood Products Using a Small-Scale 

3840 Chamber, IBR approved for §§ 770.7(a) through (c), 770.15, 770.17, and 770.20. 

3841 (5) ASTM E1333-10 (Approved 2010), Standard Test Method for Determining 

3842 Formaldehyde Concentrations in Air and Emission Rates from Wood Products Using a Large 

3843 Chamber, IBR approved for §§ 770.7(a) through (c), 770.10, 770.15, 770.17, and 770.20. 

3844 (c) CEN materials. Copies of these materials are not directly available from the 

3845 European Committee for Standardization, but from one of CEN’s National Members, Affiliates, 

3846 or Partner StandadisationStandardization Bodies. To purchase a standard, go to CEN’s website, 

3847 http://www.cen.eu, and select “Products” for more detailed information. 

3848 (1) EN 120:1992, Wood based panels. Determination of formaldehyde content3849 Extraction method called the perforator method, English Version, IBR approved for § 770.20. 

3850 (2) EN 717-2:1995, Wood-based panels. Determination of formaldehyde release3851 Formaldehyde release by the gas analysis method, English Version, IBR approved for § 770.20. 

3852 (d) Georgia Pacific material. Copies of this material may be obtained from Georgia3853 Pacific Chemicals LLC, 133 Peachtree Street, Atlanta, GA 30303, or by calling (877) 377-2737, 

3854 or at http://www.gp-dmc.com/default.aspx. 

3855 (1) GP DMC (Dynamic Micro Chamber) Manual, 2011 Edition, IBR approved for 
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3856 § 770.20. 

3857 (2) [Reserved] 

3858 (e) ISO material. Copies of these materials may be obtained from the International 

3859 Organization for Standardization, 1, ch. de la Voie-Creuse, CP 56, CH-1211, Geneve 20, 

3860 Switzerland, or by calling +41-22-749-01-11, or at http://www.iso.org. 

3861 (1) ISO/IEC 17011:2004(E), Conformity Assessments--General Requirements for 

3862 Accreditation Bodies Accrediting Conformity Assessments Bodies (First Edition), IBR approved 

3863 for §§ 770.7(a) through (c) and 770.60.).

3864 (2) ISO/IEC 17020:1998(E), General Criteria for the Operation of Various Types of 

3865 Bodies Performing Inspections (First Edition), IBR approved for §§ 770.7(a) through (c) and 

3866 770.60.).

3867 (3) ISO/IEC 17025:2005(E), General Requirements for the Competence of Testing 

3868 and Calibration Laboratories (Second Edition), May 15, 2005, IBR approved for 

3869 §§ 770.7(a) through (c) and 770.60.).

3870 (4) ISO/IEC Guide 65:1996(E), General Requirements for Bodies Operating Product 

3871 

3872 Certification Systems (First Edition), 1996, IBR approved for §§ 770.7(a) through (c) and 

3873 770.60.).

3874 

3875 (f) Japanese Standards Association. Copies of this material may be obtained from 

3876 Japanese Industrial Standards, 1-24, Akasaka 4, Minatoku, Tokyo 107-8440, Japan, or by calling 

3877 +81-3-3583-8000, or at http://www.jsa.or.jp/. 

3878 (1) JIS A 1460:2001 Building boards Determination of formaldehyde emission3879 Desiccator method, English Version, IBR approved for § 770.20. 

3880 (2) [Reserved] 
*** EO12866/13563 Review Draft – Do Not Cite, Quote or Release During the Review *** 

Page 177 of 177 [RIN 2070–AJ92] 

3881 (g) NIST material. Copies of these materials may be obtained from the National Institute 

3882 of Standards and Technology (NIST) by calling (800) 553-6847 or from the U.S. Government 

3883 Printing Office (GPO). To purchase a NIST publication you must have the order number. Order 

3884 numbers may be obtained from the Public Inquiries Unit at (301) 975-NIST. Mailing address: 

3885 Public Inquiries Unit, NIST, 100 Bureau Dr., Stop 1070, Gaithersburg, MD 20899-1070. If you 

3886 have a GPO stock number, you can purchase printed copies of NIST publications from GPO. 

3887 GPO orders may be mailed to: U.S. Government Printing Office, P.O. Box 979050, St. Louis, 

3888 MO 63197-9000, placed by telephone at (866) 512-1800 (DC Area only: (202) 512-1800), or 

3889 faxed to (202) 512-2104. Additional information is available online at: http://www.nist.gov. 

3890 (1) Voluntary Product Standard PS-1-07 (2007), Structural Plywood, IBR approved for 

3891 §§ 770.1 and 770.3. 

3892 (2) Voluntary Product Standard PS-2-04 (2004), Performance Standard for Wood-Based 

3893 Structural-Use Panels, IBR approved for §§ 770.1 and 770.3. 

3894 ##