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RIN 2070–AJ92 

1 EO12866_RIN2070-AJ92_Formaldehyde-Imp_NPRM_2012-03-19.docx

2 Draft document as submitted for review under EO 12866/13563.

3 

4 BILLING CODE 6560–50–P 

5 ENVIRONMENTAL PROTECTION AGENCY 

6 40 CFR Part 770 

7 EPA-HQ-OPPT-2011-0380; 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, testing requirements, product labeling, chain of custody 

19 documentation and other recordkeeping requirements, enforcement, and product inventory sell20 through provisions, including a product stockpiling prohibition. The composite wood product 

21 formaldehyde emission standards contained in TSCA Title VI are identical to the emission 

22 standards currently in place in California. The regulatory provisions in this proposal are 

23 designed to ensure compliance with the TSCA Title VI formaldehyde emission standards while 

24 aligning, where practical, with the regulatory requirements in California. 
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25 DATES: Comments must be received on or before [insert date [60] days after date of 

26 publication in the Federal Register]. 

27 ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA28 HQ-OPPT-2011-0380, by one of the following methods: 

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

30 instructions for submitting comments. 

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

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

33 20460–0001. 

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

35 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA-HQ-OPPT36 2011-0380. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal 

37 holidays. The telephone number for the DCO is (202) 564–8930. Such deliveries are only 

38 accepted during the DCO’s normal hours of operation, and special arrangements should be made 

39 for deliveries of boxed information. 

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

41 EPA's policy is that all comments received will be included in the docket without change and 

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

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

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

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

46 or e-mail. The regulations.gov website is an “anonymous access” system, which means EPA 

47 will not know your identity or contact information unless you provide it in the body of your 
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48 comment. If you send an e-mail comment directly to EPA without going through 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

69 the building and returned upon departure. 

70 FOR FURTHER INFORMATION CONTACT: For technical information contact: Cindy 
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71 Wheeler, National Program Chemicals Division, Office of Pollution Prevention and Toxics, 

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

73 0001; telephone number: 202-566-0484; e-mail address: wheeler.cindy@epa.gov.

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

75 Clinton Ave., Rochester, NY 14620; telephone number: (202) 554–1404; e-mail address: TSCA76 Hotline@epa.gov. 

77 SUPPLEMENTARY INFORMATION: 

78 I. General Information 

79 A. Does this Action Apply to Me? 

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

81 particular interest to the following entities: 

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

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

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

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

86 formaldehyde manufacturing. 

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

88 • Furniture merchant wholesalers (NAICS code 42321). 

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

90 42331). 

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

92 wholesale distributors of manufactured homes (i.e., mobile homes) and/or prefabricated 

93 buildings. 
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94 • Furniture stores (NAICS code 4421). 

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

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

97 • Motor home manufacturing (NAICS code 336213). 

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

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

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

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

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

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

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

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

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

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

108 CONTACT. 

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

110 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e111 mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI 

112 information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD113 ROM as CBI and then identify electronically within the disk or CD-ROM the specific 

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

115 includes information claimed as CBI, a copy of the comment that does not contain the 

116 information claimed as CBI must be submitted for inclusion in the public docket. Information so 
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117 marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 

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

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

120 heading, Federal Register date and page number). 

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

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

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

124 your requested changes. 

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

126 used. 

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

128 sufficient detail to allow for it to be reproduced. 

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

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

131 threats. 

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

133 II. Background 

134 A. Executive Summary 

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

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

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

138 of TSCA Title VI is to reduce formaldehyde emissions from composite wood products. This 

139 proposed rule would implement the emission standards established by TSCA Title VI for 
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140 composite wood products sold, supplied, offered for sale, or manufactured in the United States. 

141 TSCA Title VI directs EPA to promulgate supplementary provisions to ensure compliance with 

142 the emissions standards by January 1, 2013.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

159 statutory definition of “laminated product.” 

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

161 goods. It also includes “chain of custody requirements” and recordkeeping requirements with a 

162 proposed 5 year record retention period. EPA is also proposing to specifically require TSCA § 
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163 13 import certification for composite wood products that are articles. EPA has decided not to 

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

165 minimis amounts of composite wood products. 

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

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

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

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

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

171 initial qualifying data for certification. 

172 EPA proposes to provide producers of panels made with NAF-based resins with an 

173 exemption from TPC oversight and formaldehyde emissions testing after an initial testing period 

174 of 3 months for each product type. This initial testing period is required by the statute and is 

175 designed to ensure that the products meet the TSCA section 601(a)(7) formaldehyde emission 

176 standards for products made with NAF-based resins. EPA does not propose reduced testing or 

177 exemptions for products made with ULEF resins. 

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

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

180 proposal. The following chart provides a brief outline of the costs and benefits of this proposal: 

181 

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, nasopharyngeal cancer, 

and reduced female fertility) are $184 million to $278 million per year 

using a 3% discount rate, and $91 million to $137 million per year using a 

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

avoided health effects. 
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Category Description 

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

$81 million per year using a 3% discount rate, and $81 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. 

182 

183 B. What Action is the Agency Taking? 

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

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

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

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

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

189 definition of “manufacture” includes import. Under Title VI, composite wood products are 

190 identified as hardwood plywood, medium-density fiberboard, and particleboard. TSCA Title VI 

191 also directs EPA to promulgate supplementary provisions to ensure compliance with the 

192 emissions standards, including testing requirements, laminated product provisions, provisions for 

193 products made with no-added formaldehyde (NAF) resins or ultra-low emitting formaldehyde 

194 (ULEF) resins, product labeling requirements, chain of custody provisions for product 

195 compliance documentation, recordkeeping, product inventory sell-through dates, a product 

196 stockpiling prohibition, enforcement, and third-party certification. 
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197 EPA previously issued a proposal on the third party certification provisions (the TPC 

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

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

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

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

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

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

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

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

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

207 2697. 

208 D. Formaldehyde Sources and Health Effects 

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

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

211 plywood, particleboard and medium-density fiberboard). It is also found in household products 

212 such as glues, permanent press fabrics, carpets, antiseptics, medicines, cosmetics, dishwashing 

213 liquids, fabric softeners, shoe care agents, lacquers, plastics and paper product coatings. It is a 

214 by-product of combustion and certain other natural processes. Examples of sources of 

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

216 gas stoves, kerosene space heaters), and composite wood products made using formaldehyde217 based resins (Ref. 3). 

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

219 a known human carcinogen (Ref. 4). Depending on concentration, formaldehyde can cause eye, 
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220 nose, and throat irritation, even when exposure is of relatively short duration. In the indoor 

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

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

223 in pulmonary function and increased risk of asthma in children (Ref. 3). In addition, 

224 formaldehyde is a by-product of human metabolism, and thus endogenous levels are present in 

225 the body. 

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

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

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

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

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

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

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

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

234 developing) standards for these source categories. The plywood and composite wood products 

235 (PCWP) National Emission Standards for Hazardous Air Pollutants (NESHAP), codified at 40 

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

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

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

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

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

241 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 242 )) 
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243 better reflected the current state of the science than the 1991 IRIS cancer unit risk. The authors of 

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

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

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

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

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

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

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

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

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

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

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

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

256 available scientific data. Because the CIIT values do not reflect the uncertainty in estimates 

257 using the data that are available, EPA has decided that those estimates do not reflect the broad 

range of possible risk and that the data are not supportive of interpreting 5.5 X 10-9 per μg/m3 258 as 

259 providing a health-protective estimate of human risk. Furthermore, the 1991 IRIS assessment 

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

261 Dose modeling of the best available data at the time. In addition, the CIIT values do not address 

262 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 263 , which was last revised in 1991 as 

264 better reflecting the current state of the science as to the potential human cancer risk of exposure 

265 to formaldehyde (Ref. 7). 
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266 The IRIS program in EPA’s Office of Research and Development (ORD) recently 

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

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

269 was peer reviewed by the National Academy of Sciences (NAS) with its review of the EPA’s 

270 draft assessment completed in April of 2011 (Ref. 9). The EPA will fully address all the NAS 

271 recommendations on formaldehyde. The draft formaldehyde IRIS assessment will be revised in 

272 response to the NAS peer review and public comments, and the final assessment will be posted 

273 on the IRIS website. In the interim, we will present findings using the 1991 IRIS value as a 

274 primary estimate, and may also consider other information as the science evolves. In addition, 

275 EPA developed concentration-response functions to estimate the impact of exposure to 

276 formaldehyde on eye irritation, asthma, and female reproductive toxicity for use in the non277 cancer benefits assessment to support this rule. The derivation of these concentration-response 

278 functions, uncertainties, and EPA’s proposed approach for using the concentration-response 

279 functions in the benefits assessment were externally peer reviewed in 2011 (Ref. 10). While the 

280 economic analysis of cancer benefits is based on the unit risk, which is a reasonable upper bound 

281 on the central estimate of risk, the non-cancer benefits were evaluated using the estimated 

282 concentration-response functions which reflect the central effect estimates rather than upper 

283 bounds. 

284 E. History of this Rulemaking 

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

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

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

288 was approved on April 18, 2008, by the California Office of Administrative Law and the first 
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289 emission standards took effect on January 1, 2009. The CARB ATCM requires manufacturers to 

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

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

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

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

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

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

296 (HUD). 

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

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

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

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

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

302 2011. The final Phase 2 standards to take effect under the CARB ATCM are for thin medium 

303 density fiberboard on January 1, 2012, and for hardwood plywood composite core, which begins 

304 July 1, 2012. 

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

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

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

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

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

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

311 testing requirements after three months of successful testing in cooperation with a TPC. 
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312 Manufacturers who use ULEF resin systems may be approved by CARB to reduce the frequency 

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

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

315 granted after approval by CARB and six months of testing in cooperation with a TPC. 

316 Manufacturers who receive exemptions based on NAF or ULEF resin can reapply every two 

317 years for the exemption from TPC oversight and formaldehyde emissions testing by submitting 

318 the chemical formulation of the resin and the results of at least one primary or secondary method 

319 test for each product type (based on a panel or set of panels randomly selected and tested by a 

320 TPC). 

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

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

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

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

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

326 compliance with the regulations, and the records must be kept for 2 years. 

327 The CARB ATCM requires distributors, importers, fabricators, and retailers to purchase 

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

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

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

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

332 statement of compliance on the composite wood or finished good product bill of lading or 

333 invoice. Like manufacturers, distributors, importers, fabricators and retailers must also maintain 

334 records documenting compliance for a period of 2 years. Importers and fabricators must label 
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335 their finished goods as compliant with the applicable standards. The labeling requirement also 

336 applies to distributors if the product is in some way modified. One example of a modification 

337 that would make a distributor subject to the labeling requirement is if the distributor receives 

338 composite wood product panels, cuts them into different shapes or sizes, and applies edge 

339 banding to them. 

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

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

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

343 5,000 individuals petitioned EPA under section 21 of TSCA to use its authority under section 6 

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

345 the risks posed by formaldehyde emitted from hardwood plywood, particleboard, and medium346 density fiberboard by exercising its authority under TSCA section 6 to adopt and apply 

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

348 In addition, petitioners requested EPA to extend this regulation to include composite wood 

349 products used in manufactured homes. 

350 On June 27, 2008, EPA issued a Federal Register notice explaining the Agency’s 

351 decision to grant in part and deny in part the petitioners’ request (Ref. 11). EPA denied the 

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

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

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

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

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

357 announcing EPA’s response to the petition, EPA’s evaluation of the data provided by the 
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358 petitioners revealed significant information gaps that would have needed to be filled to support 

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

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

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

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

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

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

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

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

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

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

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

370 DC; and New Orleans, LA. EPA received and reviewed comments submitted during the ANPR 

371 comment period which can be found at regulations.gov under docket number EPA-HQ-OPPT372 2008-0627. 

373 3. The Formaldehyde Standards for Composite Wood Products Act. On July 7, 2010, 

374 President Obama signed into law the Formaldehyde Standards for Composite Wood Products 

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

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

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

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

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

380 does not give EPA the authority to raise or lower the established emission standards, and EPA 
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381 must promulgate the implementing regulations in a manner that ensures compliance with the 

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

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

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

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

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

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

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

389 products. 

390 III. Provisions of this Proposed Rule 

391 

392 A. Scope and Applicability

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

394 manufacture (including import), supply, sell, or offer for sale hardwood plywood, medium395 density fiberboard, and particleboard in the United States, whether in the form of a panel or 

396 incorporated into a finished good. 

397 1. Hardwood plywood. a. General definition. The statute defines the term “hardwood 

398 plywood” as a hardwood or decorative panel that is intended for interior use and composed of an 

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

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

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

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

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

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

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

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

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

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

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

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

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

413 plywood. 

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

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

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

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

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

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

420 certified. The SBAR Panel recommended that EPA reduce uncertainty in the regulated 

421 community by clearly defining “panel” in a way that is based on the intent of the statute, and 

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

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

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

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

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

427 similar potential to emit formaldehyde. EPA requests comment on test method limitations and 
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428 the extent to which they should affect the definition of the term “panel.” 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

443 subset of hardwood plywood. The statute defines laminated product as a product made by 

444 affixing a wood veneer to a particleboard, MDF, or veneer-core platform. The statutory 

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

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

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

448 authority to modify the statutory definition of laminated product through rulemaking. EPA is 

449 also directed to use all available and relevant information to determine whether the definition of 

450 hardwood plywood should exempt engineered veneer or any laminated product. As discussed in 
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451 this Unit, EPA is proposing to exempt some, but not all, laminated products from the definition 

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

453 product the provision that limits applicability to producers of finished goods. 

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

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

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

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

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

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

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

461 fabricators or laminated product manufacturers have different requirements compared with 

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

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

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

465 through recordkeeping and labeling. 

466 Under the CARB ATCM, a facility that affixes wood veneers to purchased cores or 

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

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

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

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

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

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

473 laminated product manufacturer. For example, a cabinet manufacturer who affixes veneers to 
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474 purchased composite wood platforms and then cuts the panels and assembles them into cabinets 

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

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

477 manufacturer. 

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

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

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

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

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

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

484 that ensures compliance with the emission standards. 

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

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

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

488 of different types of laminates (e.g., vinyl, paper, melamine, polyethylene) and coatings (e.g., 

489 acrylate, acrylic, polyurethane) (Ref. 16). According to the bulletin, documented emission 

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

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

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

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

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

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

496 effectiveness of an emission barrier is determined by its basic permeability or porosity, as well as 
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497 the integrity of the laminate or coating. Some woods are more porous than others. In addition, 

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

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

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

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

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

503 under the CARB ATCM. 

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

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

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

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

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

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

510 total pounds resin per panel) and that laminators use a minor, if not de minimis, amount of urea511 formaldehyde resin (Ref. 15). Furthermore, this SER stated that laminators using NAF resins 

512 would not add at all to the formaldehyde emissions from the product (Ref. 15), but did not 

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

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

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

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

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

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

519 certifications, one for the composite wood platform and one for the final product. These SERs 
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520 contended that this would put them at a distinct disadvantage with respect to manufacturers who 

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

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

523 could be costly and burdensome to thousands of small cabinet makers that laminate on a kitchen524 by-kitchen basis (Ref. 15). Several SERs suggested that many laminators laminate component 

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

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

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

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

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

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

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

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

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

534 that the testing requirements would be extremely burdensome for them if they are required to test 

535 each product type because many of the smaller manufacturers and custom manufacturers produce 

536 many different product types, often made to order. 

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

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

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

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

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

542 arbitrarily differentiates between a primary hardwood plywood manufacturer and a ‘fabricator’ 
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543 who also manufactures hardwood plywood but is exempt from having to certify the hardwood 

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

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

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

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

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

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

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

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

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

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

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

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

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

557 emission standards for hardwood plywood, and a veneer that is attached with a NAF resin, it is 

558 very unlikely that the laminated product would exceed the hardwood plywood standards. If the 

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

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

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

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

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

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

565 exempted products would comply with the emission standards in TSCA section 601(b)(2) for the 
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566 relevant platform. EPA believes that the proposed exemption is responsive to comments from 

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

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

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

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

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

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

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

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

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

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

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

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

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

580 platform, and that is a component part used in the construction or assembly of a finished good. 

581 The statute further defines a laminated product as being produced by the manufacturer or 

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

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

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

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

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

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

588 is consistent with the definition of hardwood plywood in the ANSI/HPVA HP-1 standard, which 
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589 specifies that “–the decorative face veneer is made from a hardwood or softwood species or 

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

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

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

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

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

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

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

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

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

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

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

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

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

603 doors, attaches a hardwood veneer using a NAF resin, and then sells them to a kitchen cabinet 

604 manufacturer would not be considered a laminated product manufacturer and would not qualify 

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

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

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

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

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

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

611 that the formaldehyde emissions from the cabinet doors would differ depending on who makes 
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612 the door. It may be that entities that produce the entire finished good in-house are smaller than 

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

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

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

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

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

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

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

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

621 proposed definition of laminated product. 

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

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

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

625 products and is used in the assembly of finished goods. EPA is also proposing to define 

626 “fabricator” as an entity that incorporates composite wood products into component parts or into 

627 finished goods. 

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

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

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

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

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

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

634 often made using urea-formaldehyde resin, and EPA expects that engineered veneer made with 
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635 urea-formaldehyde resin will have formaldehyde emission rates that are similar to other 

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

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

638 such an exemption. 

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

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

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

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

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

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

645 definition of particleboard into the implementing regulations without change. 

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

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

648 voluntary consensus standard ANSI A208.2–2009 (Ref. 19). EPA is proposing to incorporate 

649 the statutory definition of medium-density fiberboard without change. This proposed rule also 

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

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

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

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

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

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

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

657 or equal to 8 millimeters or 0.315 inches (Ref. 19). EPA is proposing to use the same definition 
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658 as the voluntary consensus standard because it is consistent with CARB and EPA believes that it 

659 reflects the common industry understanding of the term. 

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

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

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

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

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

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

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

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

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

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

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

671 than resale. The statute provides two examples: antiques and secondhand furniture. EPA’s 

672 interpretation of this exemption is such that once a finished good, such as a piece of furniture, is 

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

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

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

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

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

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

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

680 definitions of NAF-based resins and ULEF-based resins, as measured by the testing described in 
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681 the statutory definitions. However, EPA is not proposing to require that manufacturers, 

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

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

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

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

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

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

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

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

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

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

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

693 Administrator shall establish, by regulation pursuant to subsection (d).” 

694 Under the CARB ATCM, hardboard is defined as “a composite panel composed of 

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

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

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

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

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

700 standards in the CARB ATCM. 

701 EPA understands that the definition of hardboard is being reevaluated by industry in the 

702 context of a pending revision to the voluntary consensus standard for basic hardboard, ANSI 

703 A135.4 (Ref. 20). EPA was informed that final approval of revisions to ANSI A135.4, along 
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704 with revisions to the prefinished hardboard paneling standard, ANSI A135.5 and the hardboard 

705 siding standard, ANSI A135.6, are anticipated by the end of 2011 (Refs. 20-22). 

706 The Composite Panel Association, sponsor of the ANSI standard, informed EPA in its 

707 comments to the SBAR Panel that the Association intends to vote on a proposed revision to 

708 ANSI A135.4 that includes the following definition: 

709 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 710 ) 

711 or greater by: 

712 (A) a wet process, or 

713 (B) a dry process that uses: 

714 (a) a phenolic resin, or 

715 (b) a resin system in which there is no added formaldehyde as part of the resin 

716 cross-linking structure. 

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

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

719 durability, and utility. (Ref. 15) 

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

721 similar appearances and end uses, a broad definition of hardboard could lead to thin medium722 density fiberboard being erroneously categorized as hardboard and exempted from the emission 

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

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

725 proposed ANSI revision, quoted above, would address this concern. 
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726 EPA is proposing to base its definition of hardboard on the proposed revisions to ANSI 

727 A135.4. EPA’s proposal defines hardboard as a panel composed of cellulosic fibers made by dry 

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

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

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

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

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

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

734 emission standards. 

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

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

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

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

739 made with phenol-formaldehyde resins (Refs. 23, 24). The data appear to support the idea that 

740 products made with phenol formaldehyde resins have lower formaldehyde emission rates. EPA 

741 requests comment, information, and data on hardboard made with phenol-formaldehyde resins 

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

743 thereby exempting such products from the statutory emission standards. 

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

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

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

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

748 parts, or finished goods to others. The term “importer” would be defined, consistent with the 
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749 definition of the term “manufacturer” in TSCA section 3 and the definition of “importer” in 40 

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

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

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

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

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

755 “purchaser” would be defined as an entity that acquires composite wood products in exchange 

756 for money or its equivalent. Finally, “retailer” would be defined as an entity that generally sells 

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

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

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

760 B. Formaldehyde Emission Standards 

761 TSCA Title VI establishes formaldehyde emission standards for composite wood 

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

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

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

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

766 but before July 2011, or before July 2012. However, the July 2011 date has already passed, and 

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

768 interim standards are not likely to ever take effect. 

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

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

771 0.05 parts per million (ppm) formaldehyde. For medium-density fiberboard, the limit will be 
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772 0.11 ppm. For thin medium-density fiberboard, the limit will be 0.13 ppm. For particleboard, 

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

774 standards. 

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

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

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

778 product that meets the definition of hardwood plywood is subject to the hardwood plywood 

779 emission limit, regardless of the makeup of its core. EPA notes that the statutory definition of 

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

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

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

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

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

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

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

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

788 other special core material. 

789 C. Product Certification in General 

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

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

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

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

794 been demonstrated to be below the emission standards in TSCA Title VI. This demonstration 
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795 would be through a combination of testing performed by an accredited third-party certifier 

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

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

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

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

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

801 including testing, that is both approved by the accredited TPC and specific to the panel producer. 

802 For each product type to be certified, the panel producer would have to have at least one 

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

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

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

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

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

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

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

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

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

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

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

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

815 requirements should be imposed for these products. 

816 D. Formaldehyde Emission Testing Requirements 

817 TSCA Title VI requires that composite wood products be measured for compliance with 
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818 the statutory emission standards by quarterly tests pursuant to test methods ASTM E-1333-96 or 

819 ASTM D-6007-02 (Ref. 25, 26). TSCA Title VI also requires that quality control tests be 

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

821 established by EPA through rulemaking (Ref. 26, 27). Under the statute, test results conducted 

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

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

824 must also establish, through rulemaking, the number and frequency of tests required to 

825 demonstrate compliance with the emission standards. This unit of the preamble discusses EPA’s 

826 proposed rulemaking on each of these statutory elements. 

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

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

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

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

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

832 method. If ASTM D-6007-02 is used, equivalence between ASTM D-6007-02 and ASTM E833 1333-96 (2002) must be established at least once each year by the TPC. The CARB ATCM 

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

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

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

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

838 (2002) (following the requirements in section 93120.9(a)(2)(B)) and are approved in writing by 

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

840 ATCM also requires quality control testing using a test method that is correlated to the primary, 
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841 secondary, or alternate secondary test method. The CARB ATCM also provides that all panels 

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

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

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

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

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

847 cannot exceed the applicable standard. If an initial qualification test exceeds the emission 

848 standard, certification lapses on all of the products represented by that product group. 

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

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

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

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

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

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

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

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

857 to emit formaldehyde. 

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

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

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

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

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

863 (desiccator), ASTM D-6007-02 (small chamber), and alternative tests that can be shown to 
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864 correlate to the primary or secondary method tests and are approved by the CARB Executive 

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

866 717-2 (Gas Analysis), DMC (Dynamic Micro Chamber), EN 120 (perforator), and JIS A 1460 

867 (24-hr Desiccator). CARB does not expressly permit the grouping of product types for quality 

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

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

870 same resin system, to be considered to belong to the same product type for quality control testing 

871 purposes (Ref. 2) 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

886 demonstrates consistent operations and low variability of test values to the satisfaction of the 
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887 TPC based on criteria established by the TPC. Testing frequency still must occur at least once 

888 per 48-hour production period. 

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

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

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

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

893 frequency: at least one test per week per product type and product line if the weekly hardwood 

894 plywood production is less than 200,000 square feet; at least two tests per week per product type 

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

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

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

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

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

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

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

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

903 laminated products, excluding importers that do not also make the products. Because TSCA § 3 

904 defines the term “manufacture” to include import, EPA believes that using another term would 

905 clarify the regulation by referring to facilities that actually make the products regulated under 

906 TSCA Title VI for the purposes of the testing, certification, and recordkeeping requirements. 

907 Under this proposal, some laminated products would not be hardwood plywood, and the act of 

908 making those products would, therefore, not be subject to the testing and certification 

909 requirements. However, EPA believes that there are some laminated products that cannot be 
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910 made in such a way as to render them exempt from the testing and certification requirements. 

911 EPA is proposing to define “panel producer” as a manufacturing plant or other facility that 

912 manufactures (excluding imports) composite wood products on the premises. EPA is also 

913 proposing to incorporate within this definition a statement that this includes laminated products 

914 not excluded from the definition of hardwood plywood. EPA requests comment on whether the 

915 term “panel producer” should apply separately to each specific facility owned or operated by an 

916 entity that produces composite wood products for the purposes of the testing, certification and 

917 recordkeeping requirements, or whether the term “panel producer” should apply to the entire 

918 business entity that produces the composite wood products. For example, should panel 

919 producers be required to have a quality control manual for each separate facility? 

920 EPA is proposing to incorporate the CARB definition of the term “product type” with 

921 some modifications. The term “manufacturer” in the CARB definition would be replaced by the 

922 term “panel producer.” Under this proposal, “product type” means a type of composite wood 

923 product that differs from another made by the same panel producer, based on wood type, 

924 composition, thickness, number of plies (if hardwood plywood), or resin used. In order to make 

925 it clear that TPCs and manufacturers have the flexibility to treat similar products similarly, the 

926 proposed definition includes a statement that products with similar emissions made with the 

927 same resin systems may be considered to be the same product type. 

928 EPA is also proposing to define “lot” to mean a particular lot or batch of a product type 

929 made during a single production run. EPA believes that this is common industry usage of the 

930 term. Likewise, EPA is proposing to define “production line” as a set of operations and physical 

931 industrial or mechanical equipment used to produce a composite wood product. EPA requests 
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932 comment on the utility of these definitions, and whether other terms should also be defined, such 

933 as “production run.” 

934 In addition, entities conducting formaldehyde testing would be required to use the 

935 procedures, such as testing conditions and loading ratios, specified in the method being used. As 

936 required by CARB, EPA is also proposing to require that all equipment used in formaldehyde 

937 testing be calibrated in accordance with the equipment manufacturer’s instructions. EPA 

938 believes that this requirement is important for ensuring that the equipment is working properly 

939 and that accurate results are obtained. 

940 a. Quarterly testing requirements. EPA is proposing to require that accredited TPCs 

941 conduct the quarterly tests required by TSCA Title VI. The statute requires these tests to be 

942 performed using ASTM E-1333-96 (2002) or, upon a showing of equivalence as discussed in this 

943 Unit, ASTM D-6007-02 (Refs. 25, 26). In the TPC Proposal, using the authority provided by 

944 TSCA section 601(d)(5), EPA proposed to incorporate ASTM E-1333-10, the most recent 

945 version of this method, into the testing requirements, rather than the 2002 version (Refs. 1, 28). 

946 EPA will review the comments received on the TPC proposal and determine whether to 

947 incorporate ASTM E-1333-10 into the testing requirements in place of ASTM E-1333-96 (2002) 

948 before issuing the final rule. 

949 EPA is proposing to require that the TPC laboratories test randomly chosen samples from 

950 a single lot that is ready for shipment by the panel producer. Neither the top nor bottom 

951 composite wood product of a bundle would be selected because the emissions from these 

952 products may not be representative of the bundle. For particleboard and medium-density 

953 fiberboard, the proposed rule would require quarterly tests to be conducted on randomly selected 

954 samples of each product type (unless they qualify for reduced testing based on NAF resin). For 
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955 hardwood plywood, the proposed rule would require quarterly tests to be conducted on randomly 

956 selected samples of the hardwood plywood product determined by the TPC to have the highest 

957 potential to emit formaldehyde (unless they qualify for reduced testing based on NAF resins). 

958 As under the CARB ATCM, this proposal would allow product types to be grouped for 

959 quarterly testing. EPA is proposing to allow accredited TPCs to approve the grouping of 

960 products with similar characteristics, particularly those characteristics that are most likely to 

961 affect emissions, such as the type of wood or the resin system(s) used to make the composite 

962 wood product. For hardwood plywood, other factors that are likely to influence formaldehyde 

963 emissions are core type, press time, veneer type (i.e., species), and whether or not the core is 

964 certified. EPA requests comment on the appropriate criteria for grouping product types for 

965 quality control testing, given the statutory directive to promulgate implementing regulations in a 

966 manner that ensures compliance with the emission standards. For example, one possibility could 

967 be to allow panel producers and accredited TPCs to identify the products that are likely to have 

968 the highest emissions and to test those products. 

969 Samples selected for quarterly testing would have to be dead-stacked (i.e., closely 

970 stacked) or air tight wrapped between the time of sample selection and the start of test 

971 conditioning (as specified in ASTM E-1333-10 or, as appropriate, ASTM D-6007-02). Samples 

972 would have to be labeled as such, signed by the TPC, bundled air tight, wrapped in polyethylene, 

973 protected by cover sheets, and promptly shipped to the laboratory testing facility. EPA is 

974 proposing to require conditioning to begin as soon as possible, but no more than 30 days after 

975 production. This requirement, also included in the CARB ATCM, is designed to prevent panel 

976 producers from holding composite wood products to allow them to off-gas. TPCs must notify 

977 panel producers in writing within 24 hours of a failed quarterly test result. Lots represented by a 
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978 failed quarterly test result, would have to be handled as non-complying lots in accordance with 

979 the proposed requirements discussed in Unit III.D.4. If lots were grouped for quarterly testing, 

980 all lots in the group represented by a failed quarterly test result would have to be treated as non981 complying lots. EPA requests comment on all aspects of these sampling requirements, including 

982 whether the 30 day requirement is appropriate. 

983 b. Quality control test methods. EPA is proposing that in addition to ASTM D-6007-02 

984 and ASTM D-5582, the following methods would also be allowed for quality control testing 

985 (with a showing of equivalence as described in this Unit): EN 717-2 (Gas Analysis Method) 

986 (Ref. 29), DMC (Dynamic Micro Chamber) (Ref. 30), EN 120 (Perforator Method) (Ref. 31), 

987 and JIS A 1460 (24-hr Desiccator Method) (Ref. 32). EPA believes that these are appropriate 

988 methods for quality control testing based on CARB’s evaluation and approval of these methods 

989 as alternative small scale test methods, and test results using these methods have been 

990 demonstrated to have adequate correlations with test results using ASTM E-1333-10. EPA 

991 proposes to establish these additional methods pursuant to Section 601(b)(3)(A)(ii) for quality 

992 control testing; as a general matter, EPA does not endorse any particular method over others. 

993 Other methods may also be appropriate for quality control testing, such as EN 717-1 (Chamber 

994 Method), EN 717-3 (Flask Method), ISO/DIS 12460-1(1-Cubic-Meter Chamber Method), 

995 ISO/DIS 12460-2 (Small-Scale Chamber Method), ISO/DIS 12460-3 (Gas Analysis Method), or 

996 ISO/DIS 12460-4 (Desiccator Method). EPA requests comment on whether these methods 

997 should also be allowed for quality control testing. 

998 c. Proposed quality control testing frequency for particleboard and medium-density 

999 fiberboard that do not qualify for reduced testing based on NAF resins. EPA is proposing to 

1000 require the same quality control testing frequency for particleboard and medium-density 
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1001 fiberboard as is required under the CARB ATCM. This proposal would require quality control 

1002 tests at least once per shift (8 or 12 hours, plus or minus one hour of production) for each 

1003 production line for each product type. Quality control tests would also be conducted whenever a 

1004 product type production ends, even if eight hours of production has not been reached, or 

1005 whenever 1) there is a significant change to the resin formulation, e.g., an increase in the 

1006 formaldehyde-to-urea ratio; 2) there is an increase by more than ten percent in the amount of 

1007 formaldehyde resin used; 3) there is a decrease in the designated press time by more than 20 

1008 percent; or 4) the quality control manager or quality control employee has reason to believe that 

1009 the panel being produced may not meet the requirements of the applicable standards. 

1010 Also consistent with the CARB ATCM, EPA is not proposing to allow the grouping of 

1011 products for quality control testing purposes. However, EPA is proposing to allow accredited 

1012 TPCs and panel producers some flexibility in determining which products constitute a product 

1013 type. CARB’s guidance to its TPCs on defining product type include mention of those 

1014 characteristics most likely to affect product emissions, such as type of wood or the resin 

1015 system(s) used to make the composite wood product. Again, for hardwood plywood, these 

1016 factors include core type, press time, veneer type (i.e., species), and whether or not the core is 

1017 certified. 

1018 EPA is proposing to allow reduced quality control testing requirements similar to 

1019 CARB’s for particleboard and medium-density fiberboard when the panel producer demonstrates 

1020 consistent operations and low variability of test values. Under the EPA proposal, the panel 

1021 producer would be required to request approval for reduced quality control testing from an 

1022 accredited TPC. If approved, quality control testing would still have to occur at least once per 

1023 48-hour production period. Unlike CARB, EPA is proposing to establish criteria for 
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1024 demonstrating consistency and low variability. Under EPA’s proposed requirements, which are 

1025 based on a Composite Panel Association voluntary program, a 30 panel running average would 

1026 be maintained (Ref. 33). If the 30 panel running average remains two standard deviations below 

1027 the designated Quality Control Limit (QCL) for the previous 60 consecutive days or more, 

1028 testing frequency could be reduced to one test per 24 hour production period. When the 30 panel 

1029 running average remains three standard deviations below the QCL for the previous 60 days or 

1030 more, testing frequency could be reduced to once every 48 hour production period. The QCL 

1031 would be the quality control test value that is the correlative equivalent to the emission standard 

1032 based on the ASTM E-1333-10 method. The QCL is established by using a simple linear 

1033 regression where the dependent variables (Y-axis) are the quality control test results and the 

1034 independent variables (X-axis) are the ASTM E-1333-10 test results. More information on the 

1035 establishment of the QCL can be found in the TPC Proposal (Ref. 1). An accredited TPC would 

1036 be required to approve a request for reduced quality control testing as long as the data submitted 

1037 by the panel producer demonstrate compliance with the criteria and the TPC does not otherwise 

1038 have reason to believe that the data are inaccurate or that the panel producer’s production 

1039 processes are inadequate to ensure continued compliance with the emission standards. EPA 

1040 requests comment on whether there should be a finite time period for reduced testing, after which 

1041 a new application and demonstration would be required, or whether reduced testing should 

1042 continue to be allowed as long as the quality control test data demonstrate continued eligibility 

1043 for reduced testing. 

1044 As in the CARB ATCM, EPA is proposing that all panels would be tested in an 

1045 unfinished condition, prior to the application of a finishing or topcoat. EPA believes that the 

1046 proposed testing frequency is sufficient to ensure compliance with the emission standards, but is 
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1047 not overly burdensome. EPA believes that most U.S. producers of particleboard and medium1048 density fiberboard have been complying with the testing requirements under the CARB ATCM 

1049 and thus, the rule, if finalized as proposed, would not impose an additional burden on these 

1050 producers. 

1051 d. Proposed quality control testing frequency for hardwood plywood that does not qualify 

1052 for reduced testing based on NAF resins. EPA is generally proposing to require the same 

1053 frequency of testing for hardwood plywood that CARB requires. EPA believes that this testing 

1054 frequency is adequate to ensure compliance with the TSCA Title VI emission standards and 

1055 consistency with CARB makes it easier for panel producers already complying with CARB to 

1056 comply with these proposed requirements. Similarly, if a quality control test exceeds the 

1057 applicable emission standards for that product, all lots of products represented by that test result 

1058 would be considered to be non-complying lots and would have to be treated and retested in 

1059 accordance with the procedures discussed in Unit III.D.4. 

1060 EPA’s proposed quality control testing frequency requirements for hardwood plywood 

1061 are generally similar to CARB and are likewise based on production volume. Under this 

1062 proposal, hardwood plywood panel producers would be required to conduct routine quality 

1063 control tests on each production line of each product type based on total hardwood plywood 

1064 production by the panel producer with the following testing frequency: at least one test per week 

1065 per production line of each product type if the weekly hardwood plywood production is between 

1066 100,000 and 200,000 square feet; at least two tests per week per production line of each product 

1067 type if the weekly hardwood plywood production is between 200,000 and 400,000 square feet; 

1068 and at least four times per week per production line of each product type if the weekly hardwood 

1069 plywood production is greater than 400,000 square feet. EPA believes that, for some small 
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1070 specialty panel producers, even one quality control test per week would be excessive. Very 

1071 small custom manufacturers may make significantly less than 100,000 square feet of product per 

1072 week per product type. In order to address the inequity of requiring small manufacturers to 

1073 conduct many more tests than required of large manufacturers for the same production volume, if 

1074 weekly production of hardwood plywood at the panel producer is less than 100,000 square feet, 

1075 EPA is proposing to require one quality control test per 100,000 square feet of each lot produced 

1076 of each product type produced. If the panel producer never produces 100,000 square feet of a 

1077 particular product type at one time, EPA is proposing to require just one quality control test of 

1078 that product type per production run or lot produced. 

1079 EPA believes that the proposed testing frequency for hardwood plywood is sufficient to 

1080 ensure compliance with the emission standards but is not overly burdensome. EPA believes that 

1081 most U.S. hardwood plywood panel producers as well as many foreign producers have been 

1082 complying with the CARB ATCM testing requirements and thus, the rule, if finalized as 

1083 proposed, would not impose an additional burden on these producers. For laminated product 

1084 producers that do not have to test under the CARB ATCM requirements, this proposed testing 

1085 would be a new requirement; however, because the requirements are based on production 

1086 volume, EPA believes that they would not be overly burdensome. EPA requests comment on 

1087 whether these proposed requirements are sufficient to ensure compliance with the standards. 

1088 Under the CARB ATCM, only particleboard and medium-density fiberboard producers 

1089 are required to conduct quality control testing when product type production ends, changes are 

1090 made to the resin formulation or the amount of resin used, or there is a significant decrease in 

1091 press time. There is no similar provision applicable to hardwood plywood. EPA’s proposal is 

1092 consistent with the CARB ATCM, but EPA requests comment on whether quality control testing 
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1093 should be required for hardwood plywood production in these situations, or in any other 

1094 situations, such as when the quality control manager or quality control employee has reason to 

1095 believe that the panels in production may not meet the emission standard. EPA is also requesting 

1096 comment on whether the proposed reduced quality control testing for consistent particleboard 

1097 and medium-density fiberboard manufacturing operations should also be applicable to hardwood 

1098 plywood. 

1099 3. Means of showing test method equivalence. EPA is proposing that equivalence between 

1100 ASTM E-1333-10 and any other test method used would be demonstrated by the TPC for each 

1101 laboratory used by the TPC or panel producer that is using the alternative method at least once 

1102 each year or whenever there is a significant change in equipment, procedures, or the 

1103 qualifications of testing personnel. 

1104 The CARB ATCM includes a specific method for demonstrating equivalence between 

1105 ASTM E-1333-96 (2002) and ASTM D-6007-02. The CARB ATCM method requires at least 

1106 ten comparison sample sets, which compare the results of the two methods, for an equivalence 

1107 demonstration. The ten comparison sample sets consist of testing a minimum of five sample sets 

1108 in at least two out of three specified ranges of formaldehyde concentrations. For the ASTM E1109 1333-96 (2002) method, each comparison sample consists of the result of simultaneously testing 

1110 an appropriate number of panels (factoring in the loading rate) from the same batch of panels 

1111 tested by the ASTM D-6007-02 method. For the ASTM D-6007 method, each comparison 

1112 sample consists of testing nine specimens representing evenly distributed portions of an entire 

1113 panel. The nine specimens are tested in groups of three specimens (factoring in loading rate), 

1114 resulting in three test results, which are averaged to represent one data point for the panel, and 

1115 matched to their respective ASTM E-1333-96 (2002) comparison sample result. CARB requires 
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1116 that equivalence be established between the ASTM E-1333-96 (2002) and ASTM D-6007-02 

1117 methods to represent the range in emissions based on the emission standards for the composite 

1118 wood products being tested. 

1119 EPA is proposing the same general methodology as is required under the CARB ATCM. 

1120 However, because the CARB phase 2 emission standards will be in effect by the time EPA issues 

1121 a final rule, EPA believes that it will be very difficult, if not impossible, to find products with 

1122 emissions in the intermediate and upper ranges specified by the CARB equivalency 

1123 demonstration requirements. EPA’s proposed procedure, therefore, does not include the 

1124 requirement of testing different formaldehyde concentration ranges. Instead, EPA is proposing 

1125 that equivalence be demonstrated in a range of formaldehyde concentrations that is 

1126 representative of the emissions of the products that the TPC certifies. Therefore, EPA is 

1127 proposing to require a minimum of five comparison sample sets rather than ten. In addition, 

1128 EPA is proposing to allow for more flexibility in sampling and not require testing of nine 

1129 specimens representing evenly distributed portions of an entire panel. EPA believes that for 

1130 some types of panels, within panel variability is such that fewer specimens can be tested, but for 

1131 other panels testing of at least nine specimens would be needed. EPA believes that TPCs and 

1132 panel producers are best able to determine the sampling and testing needed to account for within 

1133 panel variability for a specific product type and is therefore proposing to allow for flexibility in 

1134 the distribution and number of specimens to require for the small chamber test comparison 

1135 sample set. 

1136 EPA is proposing the following method for demonstrating equivalence between ASTM 

1137 E-1333-10 and ASTM D-6007-02: An equivalence demonstration would include at least five 

1138 comparison sample sets (i.e., five large chamber sample sets and five small chamber sample 
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1139 sets), which compare the results of the two methods. For the ASTM E-1333-10 method, each 

1140 comparison sample would consist of the result of simultaneously testing an appropriate number 

1141 of panels, using the applicable loading ratios from the method, from the same batch of panels 

1142 tested by the ASTM D-6007-02 method. For the ASTM D6007 method, each comparison 

1143 sample would consist of testing specimens representing portions of panels tested in the ASTM E1144 1333-10 and matched to their respective ASTM E-1333-10 method comparison sample result. 

1145 The arithmetic mean,  ̄, x and standard deviation, S, of the difference of all comparison sets would 

1146 be calculated as follows: 

1147 

1148 Where  ̄x = arithmetic mean; 

1149 S = standard deviation; 

1150 n = number of sets; 

1151 Di = difference between the ASTM E-1333-10 and the ASTM D-6007-02 method values for the 

1152 ith set; and 

1153 i ranges from 1 to n. 

1154 EPA is proposing that ASTM D-6007-02 method would be considered equivalent to the ASTM 

1155 E-1333-10 method if the following condition were met: 

1156 

1157 where C is equal to 0.026 (Ref. 34). 

1158 EPA believes that the proposed means for showing equivalence between ASTM E-1333-

1159 10 and ASTM D-6007-02 is a reasonable method of showing equivalence. In addition, it is not 
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1160 overly burdensome and it is similar to the procedure required under the CARB ATCM. EPA 

1161 requests comment on whether the proposed means of showing equivalence is appropriate. EPA 

1162 specifically requests comment on whether five comparison sample sets are sufficient or whether 

1163 ten should be required. In addition, EPA requests comment on whether testing products in two 

1164 different ranges of formaldehyde concentrations should be required, as is required under the 

1165 CARB ATCM, and what ranges would be appropriate (e.g., lower range less than 0.05 ppm and 

1166 upper range 0.05-0.13 ppm as measured by ASTM E-1333-10). EPA also requests comment on 

1167 whether sampling should be left to the TPCs and manufacturers, or whether EPA should require 

1168 testing of nine specimens (representing evenly distributed portions of an entire panel) tested in 

1169 groups of three specimens, resulting in three test results, which would be averaged to represent 

1170 one comparison sample for the ASTM D-6007-02 method, or whether some other sampling 

1171 protocol should be required. EPA also requests comment on whether the proposed criteria for 

1172 demonstrating equivalence are appropriate, or whether other criteria would be more appropriate, 

1173 such as establishing equivalence criteria based on the two one-sided t-test (TOST). 

1174 EPA is proposing to require that equivalence between ASTM E-1333-10 and any 

1175 formaldehyde quality control test method used other than ASTM D-6007-02 would be 

1176 demonstrated by establishing a linear regression and an acceptable correlation, as defined by the 

1177 correlation coefficient, or “r” value. Although correlation will not show that the test methods 

1178 give equivalent results, it will demonstrate whether a quality control test method can be used to 

1179 adequately estimate the corresponding ASTM E-1333-10 test result; therefore, if there is an 

1180 acceptable correlation, the quality control test method can be used to estimate whether the 

1181 product meets the emission standards. The correlation would be based on a minimum sample 

1182 size of five data pairs and a simple linear regression where the dependent variable (Y-axis) is the 
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1183 quality control test value and the independent variable (X-axis) is the ASTM E-1333-10 test 

1184 value. EPA is proposing the following minimum acceptable correlation coefficients (“r” values) 

1185 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 

1186 The number of data pairs is represented by the letter “n”. For example, correlations 

1187 based on five data pairs have 3-degrees of freedom, and the correlation coefficient would need to 

1188 be 0.878 or greater. These values are the same as those recommended by CARB in its 

1189 Certification Guideline No. CWP-10-001 (Ref. 35). EPA requests comment, information, and 

1190 data on these values and whether they adequately account for the uncertainties (e.g., sample 

1191 preparation, emission testing) and thus, are appropriate for this purpose. 

1192 Because of the low emissions required for regulated composite wood products, it may be 

1193 necessary to include more than five data pairs and/or a range of products (with a suitable range in 

1194 emissions, e.g., 0 – 0.1 ppm) in the testing to achieve acceptable correlation coefficients. In 

1195 addition to the requirement of establishing a new correlation annually or whenever there is a 

1196 significant change in equipment, procedures, or the qualifications of testing personnel, EPA is 
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1197 proposing that a new correlation would need to be established by the TPC for the panel producer 

1198 whenever a TPC's quarterly test results compared with the panel producer's quality control test 

1199 results do not fit the previously established correlation. In addition, if a panel producer fails two 

1200 quarterly tests in a row, a new correlation curve would have to be established. 

1201 EPA requests comment on the proposed correlation method for demonstrating 

1202 equivalence and whether the proposed acceptable correlation coefficients are reasonable. EPA 

1203 also requests comment on whether the term “equivalency” needs to be more clearly defined and 

1204 whether additional statistical parameters are needed to make a determination of “equivalency” 

1205 for the quality control methods. 

1206 4. Non-complying lots. EPA is proposing to require producers of non-complying lots of 

1207 composite wood products to treat such lots in a manner similar to the CARB ATCM 

1208 requirements. A non-complying lot would be any lot or batch represented by a quarterly or 

1209 quality control test value that exceeds the applicable emission standard for the particular 

1210 composite wood product. In the case of a quarterly test value, only the particular lot from which 

1211 the sample was taken would be considered a non-complying lot; lots produced after the previous 

1212 quarterly test but before the lot from which the sample was taken would still be considered 

1213 certified product. However, future production of product type(s) represented by a failed 

1214 quarterly test would not be considered certified and would have to be treated as a non-complying 

1215 lot until the product type(s) are re-qualified through a successful quarterly test. 

1216 TPCs would be required to notify EPA and the panel producer of any quarterly tests that 

1217 exceed the applicable standard within 24 hours of obtaining the test result. Panel producers 

1218 would be required to segregate the non-complying lot from other product. Products in non1219 complying lots could only be sold, supplied, or offered for sale in the United States if a test value 
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1220 that meets the applicable standard is obtained after the products are treated with scavengers, to 

1221 absorb excess formaldehyde, or treated through another process that reduces formaldehyde 

1222 emissions, e.g. aging. EPA is proposing to define the term “scavenger” as a chemical or 

1223 chemicals that can be applied to resins or composite wood products to reduce the amount of 

1224 formaldehyde that can be emitted from composite wood products. EPA requests comment on 

1225 whether this definition is appropriate. EPA also requests comment on processes other than aging 

1226 that could be used to reduce formaldehyde emissions from non-complying lots. Under this 

1227 proposal, panel producers would be required to keep records of the disposition of non-complying 

1228 lots, including the specific treatment used and the subsequent test results demonstrating 

1229 compliance. 

1230 Non-complying lots, by definition, do not meet the applicable emission standards and 

1231 may not be sold, supplied, or offered for sale in the United States. In order to ensure that this 

1232 does not occur, EPA is proposing to require that panel producers retain lots of composite wood 

1233 products from which quality control or quarterly samples have been selected until the samples 

1234 have been tested and the results received. With respect to quarterly samples, this includes lots 

1235 that are grouped for purposes of quarterly testing. EPA believes that this approach may be less 

1236 burdensome overall and offer better protection to importers, distributors, wholesalers, retailers, 

1237 and consumers than an approach relying on after-the-fact enforcement actions and customer 

1238 notifications. 

1239 E. Quality Assurance and Quality Control Requirements for Composite Wood Product Panel 

1240 Producers 

1241 Composite wood product panel producers are responsible for ensuring that their products 

1242 meet the emission standards of TSCA Title VI. Quality assurance and quality control 
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1243 requirements for panel producers are necessary to ensure that all of their products comply with 

1244 the applicable standards, including those that are not actually tested. EPA believes that the 

1245 proposed quality assurance and quality control requirements would help ensure proper handling 

1246 of test samples, test equipment, and quality control testing. EPA is generally proposing quality 

1247 assurance requirements that are identical to the requirements under the CARB ATCM. As 

1248 discussed in more detail in Unit III.F. of this preamble, these quality assurance and quality 

1249 control requirements do not apply to any product type made with a NAF-based resin for which 

1250 the panel producer is eligible for an exemption from the third party certification requirements, 

1251 except for the purpose of applying for re-approval for the exemption. 

1252 Under this proposal, each panel producer would be required to have a written quality 

1253 control manual containing at a minimum: 1) organizational structure of the quality control 

1254 department; 2) sampling procedures; 3) method of handling samples, including a specific 

1255 maximum time period for analyzing quality control samples; 4) frequency of quality control 

1256 testing; 5) procedures to identify changes in formaldehyde emissions resulting from production 

1257 changes (e.g., increase in the percentage of resin, increase in formaldehyde/urea molar ratio in 

1258 the resin, or decrease in press time); 6) provisions for additional testing; 7) recordkeeping 

1259 requirements; 8) average percentage of resin and press time for each product type; 9) product 

1260 grouping, if applicable, and 10) procedures for reduced quality control testing, if applicable. The 

1261 TPC would review and approve the manual to ensure that the manual is complete and that the 

1262 panel producer’s procedures are adequate to ensure that the TSCA Title VI emission standards 

1263 are being met on an ongoing basis. The proposed requirement for a quality control manual is 

1264 consistent with CARB and with international voluntary consensus standards, such as the 

1265 International Standards Organization (ISO) 9000 series of standards. EPA requests comment on 
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1266 what should be included in the quality control manual. 

1267 This proposal would also require each panel producer to designate a quality control 

1268 facility for conducting quality control formaldehyde testing of their product. The quality control 

1269 facility must be a laboratory owned and operated by the panel producer, a TPC, or a contract 

1270 laboratory. 

1271 EPA is also proposing to require each panel producer to designate a person as quality 

1272 control manager with adequate experience and/or training to be responsible for formaldehyde 

1273 emission quality control. EPA is requesting comment on criteria for determining whether an 

1274 individual’s experience and/or training are appropriate for this position. For example, should the 

1275 quality control manager have a certain number of years of experience in the wood products 

1276 industry, or a degree in chemistry or a related field? 

1277 The quality control manager would have to have the authority to take actions necessary to 

1278 ensure that applicable emission standards are being met. The quality control manager would also 

1279 be identified in writing to the TPC. Under this proposal, the panel producer would have to notify 

1280 the TPC in writing within ten days of any change in the identity of the quality control manager 

1281 and provide the TPC with the new quality control manager’s qualifications. The quality control 

1282 manager would review and approve all reports of quality control testing conducted on the 

1283 production of the panel producer. The quality control manager would also be responsible for 

1284 ensuring that the samples are collected, packaged, and shipped according to the procedures 

1285 specified in the quality control manual. The panel producer quality control manager would 

1286 monitor the testing facility’s results, and would immediately inform the TPC in writing of any 

1287 significant changes in production that could affect formaldehyde emission rates. 

1288 EPA is proposing to require panel producers to submit monthly product data reports for 
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1289 each panel producer, production line and product type, to their TPC. The content requirements 

1290 for the product data reports would be similar to the CARB requirements and include a data sheet 

1291 for each specific product with test and production information, and a quality control graph 

1292 containing the established quality control limit (QCL) and shipping QCL, if applicable, the 

1293 results of quality control tests, and retest values. EPA requests comment on whether other useful 

1294 information, or a different format, should be required. 

1295 EPA is also proposing to require that each quality control facility have quality control 

1296 employees with adequate experience and/or training to conduct accurate and precise chemical 

1297 quantitative analytical tests. EPA requests comment on the criteria for determining whether an 

1298 individual’s experience and/or training are appropriate for this position. The quality control 

1299 manager would identify each person conducting formaldehyde quality control testing in the 

1300 quality control manual and to the accredited TPC. 

1301 F. NAF and ULEF Resins

1302 TSCA Title VI section 601(d)(2)(D) and (E) directs EPA to include, in its implementing 

1303 regulations, provisions related to products made with NAF and ULEF resins. The statute also 

1304 defines, under section 601(a)(7) and (10) respectively, what constitutes NAF-based and ULEF1305 based resins, in terms of the composition of the resin system and maximum formaldehyde 

1306 emissions for composite wood products made with these resin systems. In general, a NAF 

1307 composite wood product cannot incorporate a resin formulated with formaldehyde. A ULEF 

1308 composite wood product is one made from resins that may contain formaldehyde, but emit it at 

1309 particularly low levels, such as melamine-urea-formaldehyde resin, phenol formaldehyde resin, 

1310 resorcinol formaldehyde, or other formaldehyde-based resins. The statutory maximum emissions 

1311 for products made with NAF-based or ULEF-based resins are identical to those in the CARB 
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1312 ATCM. 

1313 Under the CARB ATCM, ULEF and NAF manufactures are provided with incentives 

1314 such as reduced testing requirements for ULEF, and for NAF, a two year exemption from TPC 

1315 oversight and formaldehyde emissions testing for one individual product type. If further reduced 

1316 emission standards are met, ULEF manufacturers can also be exempted from TPC oversight and 

1317 formaldehyde emissions testing. ULEF and NAF manufacturers must apply to CARB to get the 

1318 initial exemption for either the reduced testing of their individual products (for ULEF) or for a 

1319 total exemption from TPC oversight and formaldehyde emissions testing (ULEF or NAF). A 

1320 separate exemption is required for each composite wood product type. The NAF exemption 

1321 under the CARB ATCM from TPC oversight and formaldehyde emissions testing requires an 

1322 initial 3 month formaldehyde emissions testing period with a TPC. For manufacturers to receive 

1323 a ULEF exemption from TPC oversight and formaldehyde emissions testing, 6 months of 

1324 formaldehyde emissions testing with a TPC is required. In addition, formaldehyde emissions 

1325 must be reduced to below the standard ULEF emissions level. Exempt NAF and ULEF 

1326 manufacturers must reapply to CARB for exemption from TPC oversight and formaldehyde 

1327 emissions testing every two years by submitting test results for each product type for which an 

1328 exemption is sought, based on a panel or set of panels randomly selected and tested by a TPC, 

1329 and the chemical formulation of the resin. 

1330 For the TSCA Title VI program, EPA proposes to provide producers of panels made with 

1331 NAF-based resins with an exemption from TPC oversight and formaldehyde emissions testing 

1332 after an initial testing period of 3 months for each product type. This initial testing period is 

1333 required by the statute and is designed to ensure that the products meet the TSCA section 

1334 601(a)(7) formaldehyde emission standards for products made with NAF-based resins. To 
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1335 qualify for this exemption, during the initial testing period, there can be no test result higher than 

1336 0.05 ppm of formaldehyde for hardwood plywood and 0.06 ppm for particleboard, medium1337 density fiberboard, and thin medium-density fiberboard. In addition, test results for 90 percent 

1338 of the 3 months of quality control testing must be no higher than 0.04 ppm of formaldehyde. 

1339 An accredited TPC would be required to oversee the testing during the initial testing 

1340 period, which must include at least one test result under ASTM E-1333-10 or, upon a showing of 

1341 equivalence as discussed in this Unit, ASTM D-6007-02 (Ref. 28, 26). In contrast to the 

1342 exemption under the CARB ATCM, EPA is not proposing to require the panel producer to 

1343 formally apply to EPA for exemption every two years. Rather, the panel producer would be 

1344 required to apply to an accredited TPC for an exemption based on the regulatory requirements 

1345 and send a copy of the application to EPA. EPA intends to list panel producers and product 

1346 types that have been approved for reduced testing and exemption from TPC requirements on 

1347 EPA’s website. 

1348 To maintain eligibility for the exemption, at least once every two years after the 

1349 conclusion of the initial testing period, the panel producer would have to reapply for exemption 

1350 to an accredited TPC and have one test result under ASTM E-1333-10 or, upon a showing of 

1351 equivalence as discussed in this Unit, ASTM D-6007-02, which demonstrates continued 

1352 compliance with the reduced formaldehyde emission standards for each product type (Ref. 28, 

1353 26). The test must be based on products randomly selected and tested by an accredited TPC. 

1354 Testing records and other records demonstrating eligibility for the exemption, such as 

1355 records showing the chemical composition of the resins used to manufacture the eligible 

1356 products, would have to be maintained for a minimum of 5 years from the date that the record 

1357 was created. EPA requests comment on whether the test records from the initial testing period 
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1358 should be kept for as long as the panel producer claims the exemption. 

1359 Under this proposal, any change in the resin formulation, the core material, or any other 

1360 part of the manufacturing process that may affect formaldehyde emission rates would render the 

1361 product ineligible for the exemption. EPA requests comment on whether, in the event of such a 

1362 change, the panel producer should be required to begin the NAF exemption process again with a 

1363 3 month testing period overseen by an accredited TPC, or whether a single TPC test of the 

1364 modified product would be sufficient. EPA also requests comment on whether a distinction can 

1365 be made between changes that are unlikely to result in changes in product emissions, which may 

1366 not need extensive testing to confirm continued eligibility for the exemption, and more 

1367 significant changes. EPA is particularly interested in specific examples of both types of changes. 

1368 EPA is not proposing to include an exemption for products made with ULEF-based resin. 

1369 EPA believes that producers of composite wood product panels should be encouraged to move 

1370 away from formaldehyde-based resins altogether and that special incentives should be provided 

1371 for those panel producers who have made the change. In addition, EPA believes that the use of 

1372 NAF-based resin is a more reliable way of ensuring that formaldehyde emissions from a 

1373 particular product remain low over time, regardless of environmental conditions, such as heat 

1374 and humidity. In contrast, EPA believes that it is more difficult to ensure that formaldehyde 

1375 emissions from products made with ULEF-based resins remain low over time, regardless of 

1376 environmental conditions. A study on a hardwood plywood product made with urea1377 formaldehyde resin and a similar hardwood plywood product made with a NAF resin 

1378 demonstrated that the urea-formaldehyde product emitted more formaldehyde as the temperature 

1379 and relative humidity increased. The study reports that both products met the CARB Phase 2 

1380 standard when initially tested in a small chamber under the test conditions specified by the 
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1381 method, i.e., 25 degrees Celsius and 50% relative humidity (Ref. 36). However, when the urea1382 formaldehyde product was tested at 35 degrees Celsius and 100% relative humidity, its 

1383 formaldehyde emissions increased by more than 31 times compared with the emissions measured 

1384 at 25 degrees Celsius and 30% relative humidity. In contrast, the formaldehyde emissions from 

1385 the NAF product only increased slightly (less than 4 times) over the same change in temperature 

1386 and humidity conditions. In addition, for the NAF product, total formaldehyde emissions 

1387 reached a plateau and decreased rapidly after a few days under all of the test conditions. EPA 

1388 requests comment on whether there should be an exemption similar to the CARB exemption for 

1389 products made with ULEF-based resins, or whether another type of incentive should be offered 

1390 for products made with ULEF-based resins, and the basis for the exemption. 

1391 G. De Minimis Exception

1392 Section 601(d)(2)(L) of TSCA allows EPA to promulgate, for products and components 

1393 containing de minimis amounts of composite wood products, an exception to all of the 

1394 requirements of the implementing regulations other than the formaldehyde emission standards. 

1395 After due consideration, EPA has decided not to propose an exception from any of the regulatory 

1396 requirements for products containing de minimis amounts of composite wood products. EPA 

1397 does not have data on the emission levels of such products, nor does EPA know of any 

1398 information that suggests that such products would not have formaldehyde emissions that exceed 

1399 the statutory emission standards. In addition, EPA has not identified any apparent dividing line 

1400 between products that contain de minimis amounts of composite wood products and other 

1401 products. EPA requests comment, information and data on whether there should be such an 

1402 exception, how the exception should be delineated, and what regulatory provisions should apply 

1403 or not apply to such products. EPA notes that any decision on this particular exception would 
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1404 not affect the statutory exemption from the emission standards for windows, exterior doors, and 

1405 garage doors made with small amounts of composite wood products. 

1406 H. Chain-of-Custody, Recordkeeping, and Labeling Requirements 

1407 Section 601(d)(2) of TSCA Title VI also directs EPA to consider chain of custody, 

1408 recordkeeping, and labeling requirements. For labeling, EPA is proposing requirements that 

1409 generally follow the approach taken in the CARB ATCM because EPA believes that this 

1410 approach supports compliance with the TSCA Title VI emission standards while not being 

1411 unduly burdensome. With respect to chain of custody and recordkeeping requirements, EPA is 

1412 proposing requirements similar to that of the CARB ATCM for entities that are manufacturers 

1413 under TSCA. This includes entities who import, produce, or manufacture composite wood 

1414 panels, component parts, or finished goods. Again, EPA believes that this approach supports 

1415 compliance with TSCA Title VI without undue burden. However, for distributors and retailers 

1416 who are not manufacturers under TSCA, EPA is proposing that they only be required to keep 

1417 invoices and bills of lading. EPA has determined that these ordinary business records would 

1418 provide enough information to enable EPA to trace back a particular composite wood product to 

1419 the panel producer and thus allow EPA to monitor compliance with TSCA Title VI. Each of 

1420 these proposed requirements is discussed in more detail in this Unit. 

1421 1. Chain of custody and recordkeeping requirements. Most records would have to be 

1422 kept for a period of five years from the date that they are generated. In addition, all records that 

1423 would be required by this proposal would also have to be provided to EPA upon request to 

1424 facilitate EPA’s compliance monitoring activities. 

1425 Producers of hardwood plywood, particleboard, and medium-density fiberboard panels 

1426 would be required to maintain records of quarterly emission testing and records of quality control 
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1427 testing. These records would have to identify the accredited TPC conducting or overseeing the 

1428 testing, and would include the date, the product type tested, the lot or batch number that the 

1429 tested material represents, and the test results. In addition, panel producers would have to 

1430 maintain the following records: 

1431  Production records, including a description of the composite wood product(s), date of 

1432 manufacture, lot or batch numbers, and tracking information allowing each product to be 

1433 traced to a specific lot number or batch produced; 

1434  Changes in production, including changes in resin use, resin composition, and changes in 

1435 the process, e.g., press time; 

1436  Purchaser information for each composite wood product, if applicable, including name, 

1437 contact person, address, phone number, purchase order or invoice number, and amount 

1438 purchased; 

1439  Transporter information for each composite wood product, if applicable, including name, 

1440 contact person, address, phone number, shipping invoice number, and amount 

1441 transported; and 

1442  Information on the disposition of non-complying lots or batches, including product type 

1443 and amount of composite wood products affected, lot or batch numbers, mitigation 

1444 measures used, results of retesting, and final disposition of the lots or batches. 

1445 In addition, laminated product producers whose products are exempt from the definition 

1446 of hardwood plywood would have to maintain records demonstrating use of a NAF resin, 

1447 including the resin trade name, resin manufacturer contact information, and resin supplier contact 

1448 information, or, if the resin is made in-house, records sufficient to demonstrate that the resin is a 

1449 NAF resin. 
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1450 In order to assist customers such as fabricators, distributors, importers, and retailers in 

1451 determining whether they are purchasing compliant composite wood products, EPA would 

1452 require that all records pertaining to the compliance status of a particular lot, batch, or shipment 

1453 of composite wood products be provided to purchasers upon request. EPA realizes that some of 

1454 the information contained in these records is information that manufactures might claim as 

1455 Confidential Business Information (CBI) in other contexts. While information collected under 

1456 TSCA may be entitled to confidential treatment if it meets the standard for Exemption 4 in the 

1457 Freedom of Information Act (FOIA), 5 U.S.C. § 552(b)(4), TSCA provides that health and safety 

1458 studies and data derived from health and safety studies, are not entitled to confidential treatment, 

1459 irrespective of the Exemption 4 standard, unless the data derived from such studies disclose 

1460 confidential processes used in the manufacturing or processing of a chemical substance or 

1461 mixture or, in the case of a mixture, the release of data disclosing confidential portion of mixture 

1462 information. 

1463 TSCA defines a "health and safety study" as any study of any effect of a chemical 

1464 substance or mixture on health or the environment or on both, including underlying data and 

1465 epidemiological studies, studies of occupational exposure to a chemical or mixture, 

1466 toxicological, clinical, and ecological studies of a chemical or mixture, and any test performed 

1467 pursuant to TSCA (15 U.S.C. 2602(6)). Because the testing required by TSCA Title VI and the 

1468 implementing regulations would be “any test performed pursuant to the Act,” such tests would 

1469 be health and safety studies. Therefore, under TSCA, the formaldehyde emission test results of 

1470 specific products are not entitled to confidential treatment. The names of the producers of panels 

1471 for which formaldehyde emission data are generated similarly are not entitled to confidential 

1472 treatment, analogous to how EPA treats the confidentiality of chemical identities in health and 
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1473 safety studies. It is a long established principle that the chemical name is part of, or underlying 

1474 data to, a health and safety study. (See 40 CFR 716.3; 40 CFR 720.3(k)) The rationale for this is 

1475 that the chemical name provides context for the study results, i.e., the test relates to a specific 

1476 chemical. Without knowing the chemical name, there is no basis for understanding the results of 

1477 the test. 

1478 The same principle applies to producer names. The requirement to test formaldehyde 

1479 emissions from specific composite wood products produced by specific panel producers, and an 

1480 obligation to make those results available to downstream purchasers so that purchasers can 

1481 determine whether they are purchasing compliant products, is integral to TSCA Title VI and 

1482 these implementing regulations. In order to have context, the raw emission numbers must be 

1483 linked to the products tested. For this reason, the product name and the producer of the product 

1484 constitute part of, or are underlying data to, a health and safety study. Therefore under TSCA, 

1485 the product and panel producer name are not entitled to confidential treatment. 

1486 Producers of hardwood plywood, particleboard and medium-density fiberboard panels 

1487 using NAF-based resins who qualify for the reduced testing and third-party certification 

1488 requirements discussed in Unit III.F. would have to maintain records demonstrating initial 

1489 eligibility for the reduced testing. In addition, the panel producer would have to keep records 

1490 documenting the following for each product type: 

1491  The amount of resin use by volume and weight; 

1492  Production volume, reported as square feet per product type; 

1493  Resin trade name, resin manufacturer contact information, and resin supplier contact 

1494 information; 

1495  Changes in the production method, including changes in press time by more than 20 
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1496 percent; and 

1497  Changes in the resin formulation. 

1498 Importers, fabricators of finished goods that incorporate composite wood products, 

1499 laminated product producers whose products are exempt from the definition of hardwood 

1500 plywood, distributors, and retailers would be required to take steps to ensure that they are 

1501 purchasing composite wood products or component parts that comply with the emission 

1502 standards. Importers, fabricators, and laminated product producers would be required to 

1503 document these steps. In general, this means that the importer, fabricator, or producer would be 

1504 required to obtain from the supplier records identifying the panel producer(s) that produced the 

1505 composite wood products and the dates that the products were manufactured and purchased from 

1506 the panel producer(s), and bills of lading or invoices that include a written affirmation from the 

1507 supplier that the composite wood products are compliant with this subpart. EPA requests 

1508 comment on what documentation ought to be required of distributors and retailers in this regard. 

1509 For example, should distributors and retailers be required to obtain bills of lading or invoices 

1510 from their suppliers that include a written affirmation that the composite wood products are 

1511 compliant with this subpart? Or should distributors and retailers be required to obtain the same 

1512 records that EPA is proposing to require for importers, fabricators, and laminators? In addition, 

1513 laminated product producers whose products are exempt from the definition of hardwood 

1514 plywood would have to maintain records demonstrating use of a NAF resin, including the resin 

1515 trade name, resin manufacturer contact information, and resin supplier contact information, or, if 

1516 the resin is made in-house, records sufficient to demonstrate that the resin is a NAF resin. 

1517 For distributors and retailers who do not import, produce, or manufacture composite 

1518 wood panels, component parts, or finished goods, EPA is proposing to require that they maintain 
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1519 invoices and bills of lading. The invoices and bills of lading would not be required to contain an 

1520 affirmation by the supplier that the goods comply with TSCA Title IV. EPA believes that 

1521 invoices and bills of lading are usually kept by most distributors and retailers already, as part of 

1522 their general recordkeeping practices. EPA has determined that these records will enable EPA to 

1523 identify the producer or importer of composite wood panels, component parts, or finished goods 

1524 being sold by distributors and retailers. For finished goods, this will allow EPA to ultimately 

1525 identify the producer of the composite wood panels that make up the finished goods. Without 

1526 imposing additional recordkeeping burdens on most distributors and retailers, this requirement 

1527 will allow EPA to effectively monitor compliance with TSCA Title VI. 

1528 Entities that fit within two or more of these recordkeeping categories, such as a fabricator 

1529 of finished goods who also buys finished goods for resale, or a distributor that buys finished 

1530 goods from both foreign and domestic companies for resale, would be required to keep only the 

1531 records for each product that correspond to the activities the entity undertook with respect to that 

1532 product. For example, a domestic fabricator of finished goods who also buys domestic finished 

1533 goods and sells both categories of finished goods to a domestic distributor for resale would have 

1534 to keep the records required for fabricators on those products that the fabricator produces, and 

1535 invoices and bills of lading only for those finished goods that the fabricator buys and resells. A 

1536 distributor who purchases both foreign and domestic finished goods for resale would be required 

1537 to keep the following records: 

1538  For foreign finished goods that the distributor imports, records identifying the panel 

1539 producer(s) that produced the composite wood products and the dates that the products 

1540 were manufactured and purchased from the panel producer(s) as well as bills of lading or 

1541 invoices that include a written affirmation from the supplier that the composite wood 
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1542 products are compliant with this subpart. 

1543  For domestic finished goods, only invoices and bills of lading, which need not contain a 

1544 written compliance affirmation from the supplier. 

1545 For imported finished goods, only the importer would be responsible for keeping the records 

1546 identifying the panel producer and the date that the composite wood products were 

1547 manufactured. For example, if the importer sells the goods to a domestic distributor, who then 

1548 sells them to a domestic retailer, only the importer would have to keep the additional records. 

1549 The domestic distributor and retailer would only be required to keep invoices and bills of lading. 

1550 In order for this recordkeeping system to function effectively, allowing EPA to determine 

1551 the source of the composite wood products that make up an imported finished good, the records 

1552 required to be kept by the importer would have to be accessible to EPA. EPA requests comment 

1553 on alternative ways to ensure that this is the case. For example, EPA could require importer 

1554 records to be maintained in the United States, either at the importer’s place of business or at a 

1555 registered agent’s. Or EPA could require an electronic copy of the importer records to be 

1556 available in the United States at the importer’s place of business or with the importer’s registered 

1557 agent. 

1558 2. Labeling. The CARB ATCM requires that each panel or bundle of regulated 

1559 composite wood products be labeled with the manufacturer name; product lot number or batch 

1560 produced; markings that denote the product complies with the applicable Phase 1 or Phase 2 

1561 emission standards; markings if the product was made using ULEF or NAF-based resins; the 

1562 CARB assigned number of the TPC; and a statement of compliance on the bill of lading or 

1563 invoice. 

1564 EPA is proposing similar labeling requirements. Under this proposal, panels or bundles 
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1565 of panels that are sold, supplied, or offered for sale in the United States would have to be labeled 

1566 with the name of the panel producer, the lot or batch number, the number of the accredited TPC, 

1567 and markings indicating that the product complies with the TSCA Title VI emission standards. 

1568 Labels for products produced under the NAF exemption discussed in Unit III.F. would also have 

1569 to include the designation “no-added formaldehyde.” There would also have to be a statement of 

1570 compliance on the bill of lading or invoice. As is required under CARB, distributors, 

1571 wholesalers, and retailers who receive labeled bundles of regulated composite wood products 

1572 and then divide and repackage them, whether in bundles or separately, must label each separate 

1573 bundle or item with the same information as required on the original label. EPA is proposing to 

1574 define the term “bundle” as more than one composite wood product panel, component part, or 

1575 finished good fastened together for transportation or sale. EPA requests comment on the utility 

1576 of this definition and whether it represents common industry usage. 

1577 Fabricators of finished goods containing composite wood products would be required to 

1578 label every finished good they produce, or every box containing finished goods. As permitted by 

1579 under the CARB ATCM, EPA is proposing to allow the label to be applied as a stamp, tag, 

1580 sticker, or bar code. It would have to include, at a minimum, the fabricator’s name, the date the 

1581 finished good was produced and a marking to denote that the product was made in compliance 

1582 with TSCA Title VI. EPA requests comment on whether a label applied as a bar code should be 

1583 permitted, given that consumers of finished goods may not be able to read bar codes. EPA 

1584 believes that many consumers of finished goods will be aware of the labeling requirements, 

1585 either under the CARB ATCM or TSCA Title VI, and will be looking for a label that indicates 

1586 compliance with the emission standards. 

1587 EPA proposes to allow boards to be shipped into and around the United States for quality 
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1588 control or quarterly tests. These boards may not be sold, offered for sale or supplied to any 

1589 entity other than a TPC laboratory or contract laboratory prior to successful emissions testing. 

1590 These boards or bundles must be labeled “For TSCA Title VI testing only, not for sale in the 

1591 United States.” The boards or bundles may be re-labeled as compliant with TSCA and offered 

1592 for sale once they have successfully completed testing. 

1593 I. Sell-through Provisions and Stockpiling 

1594 TSCA Title VI directs EPA to establish sell-through provisions for composite wood 

1595 products, and finished goods containing regulated composite wood products, based on a 

1596 designated date of manufacture, or “manufactured-by” date. Under the statute, composite wood 

1597 products or finished goods manufactured before the specified manufactured-by date are not 

1598 subject to statutory emission standards or testing requirements. TSCA Title VI states that the 

1599 manufactured-by date must be no earlier than 180 days after promulgation of the final 

1600 implementing regulations, but EPA has the discretion to establish, by rulemaking, a later date. 

1601 The manufactured-by date approach directed by TSCA Title VI differs from the CARB 

1602 ACTM approach, which is based on a sell-through date. CARB established a series of dates by 

1603 which products that are not compliant with all of the CARB requirements must be sold. In 

1604 contrast, TSCA Title VI requires EPA to set a date by which all new products that are 

1605 manufactured must be compliant with the emission standards. This approach should avoid some 

1606 of the implementation issues encountered by CARB. For example, due to the economic 

1607 recession, CARB found it necessary to extend the sell-through dates more than once to allow for 

1608 the slow turnover of preexisting inventory (Ref. 37, 38). 

1609 TSCA Title VI also directs EPA to prohibit the sale of inventory that was stockpiled, 

1610 which is defined in the statute as manufacturing or purchasing composite wood products between 
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1611 the date the statute was enacted and the manufactured-by date at a rate significantly greater than 

1612 the rate during a particular base period. EPA is directed to define what constitutes “a rate 

1613 significantly greater” and to establish the base period. Under the statute, the base period must 

1614 end before July 7, 2010, the date that the Formaldehyde Standards for Composite Wood Products 

1615 Act was enacted. 

1616 EPA believes that because many products are already CARB ATCM-compliant, and 

1617 because of a low consumer demand for products not CARB ATCM-compliant, stockpiling is not 

1618 likely to be advantageous for manufacturers. During the SBAR Panel process, at least one SER 

1619 commented that consumers were asking for CARB compliant product prior to the end of the 

1620 CARB sell-through periods (Ref. 15). Moreover, EPA believes that the cost of storing 

1621 stockpiled goods would reduce or eliminate any economic advantage to stockpiling. Another 

1622 SER commented that “[g]iven the cost of carrying inventory there is a natural brake on 

1623 accumulating non-complying inventories long before the effective date of the regulation.” (Ref. 

1624 15). 

1625 EPA proposes to set the manufactured-by date at 1 year after publication of the final rule 

1626 in the Federal Register. Although TSCA Title VI allows EPA to set this date at 180 days after 

1627 promulgation of the final implementing regulations, EPA believes that more time will be needed 

1628 to get all of the infrastructure, such as the accredited TPCs, in place and allow panel producers 

1629 time to develop their initial qualifying data for certification. The manufactured-by date would 

1630 apply to both regulated composite wood panels and finished goods containing regulated 

1631 composite wood panels. Composite wood products that can be shown to be manufactured before 

1632 the established manufactured-by date would not be subject to the emissions standards, nor would 

1633 they be required to be labeled or tested for emissions. Composite wood products manufactured 
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1634 before the manufactured-by date could be incorporated into finished goods at any time. 

1635 Retailers, fabricators, and distributors would be permitted to continue to buy and sell these 

1636 composite wood products and finished goods that incorporate these products, because they 

1637 would be considered compliant with TSCA Title VI and its implementing regulations, assuming 

1638 the absence of stockpiling as discussed below. Under TSCA, the term “manufacture” includes 

1639 import, so the “manufactured-by” date would effectively be an “imported-by” date for imported 

1640 goods. 

1641 In order to establish that a regulated composite wood product panel was made before the 

1642 manufactured-by date, the panel producer or importer and any subsequent distributor, retailer or 

1643 fabricator would be required to keep records that document when the product was manufactured. 

1644 In the case of a finished good, any subsequent distributor, retailer or fabricator would be required 

1645 to keep records that document that the composite wood products making up the finished good 

1646 were either manufactured before the manufactured-by date or were manufactured in accordance 

1647 with TSCA Title VI. In order to reduce consumer confusion, products that are made before the 

1648 manufactured-by date would not be labeled as compliant with TSCA Title VI. Selling stockpiled 

1649 regulated composite wood panels and finished goods containing regulated composite wood 

1650 products would be prohibited. EPA proposes to define stockpiling as manufacturing or 

1651 purchasing composite wood products between July 7, 2010, the date that the Formaldehyde 

1652 Standards for Composite Wood Products Act was signed into law by the President, and the 

1653 established manufactured-by date (1 year after the final regulations are promulgated), for the 

1654 purpose of circumventing the TSCA Title VI emission standards, at an average annual rate ten 

1655 percent greater than the amount manufactured or purchased during the 2009 calendar year. For 

1656 producers of regulated composite wood panels, stockpiling would be measured by square footage 
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1657 of regulated composite wood panels produced. For importers and fabricators of finished goods 

1658 containing regulated composite wood products, stockpiling would be measured by the square 

1659 footage of regulated composite wood panels purchased to be incorporated into finished goods. 

1660 In either case, entities that can demonstrate that they have a greater than ten percent increase in 

1661 purchasing or production of regulated composite wood panels for some reason other than 

1662 circumventing the emissions standards would not be deemed to be stockpiling. Other reasons 

1663 may include an immediate increase in customer demand or sales, or a planned business 

1664 expansion. EPA requests comment on whether the stockpiling provisions should apply to 

1665 entities that were not in existence at the beginning of calendar year 2009. 

1666 EPA specifically requests comment on whether it is appropriate to set the proposed 

1667 manufactured-by date at the date 1 year after the final implementing regulations are promulgated. 

1668 EPA requests comment on alternate dates, and the rationale, including any available information 

1669 and data, for selecting another date. EPA is also interested in how different manufactured-by 

1670 dates would affect panel producers and fabricators of products that are not regulated under the 

1671 CARB ATCM, but would be regulated under TSCA Title VI. EPA recognizes that increased 

1672 production during the period after the statute was enacted may very well be due to the economic 

1673 recovery and not to a desire on the part of panel producers, importers, and fabricators to 

1674 circumvent the emission standards. EPA requests comment on the proposed stockpiling 

1675 definition, including information and data for alternate baseline periods, rates, and 

1676 measurements. 

1677 J. Import Certification

1678 TSCA Title VI directs EPA, in coordination with U.S. Customs and Border Protection 

1679 (CBP) and other appropriate Federal departments and agencies, to revise regulations 
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1680 promulgated pursuant to TSCA § 13 as necessary to ensure compliance. The TSCA § 13 

1681 regulations, promulgated by CBP, require importers to certify that shipments of chemical 

1682 substances and mixtures are in compliance with TSCA or not subject to TSCA. EPA believes 

1683 that most, if not all, products subject to TSCA Title VI would be considered articles. Articles, 

1684 defined in 19 CFR § 12.120(a), are generally formed to specific shapes or designs during 

1685 manufacture and have end use functions related to their shape or design. Articles are generally 

1686 exempt from the TSCA § 13 certification requirements, but the regulations at 19 CFR § 

1687 12.121(b) recognize that EPA has the authority to, by regulation or order, make the requirements 

1688 applicable to articles. 

1689 EPA is proposing to specifically require TSCA § 13 import certification for composite 

1690 wood products that are articles. TSCA § 13 import certification is a valuable compliance 

1691 monitoring tool, and import certification for articles subject to TSCA Title VI would also serve 

1692 as an important reminder of the TSCA Title VI requirements to the importer. The certification 

1693 requirement would apply to imports of hardwood plywood, particleboard, and medium-density 

1694 fiberboard panels, as well as finished goods containing such materials. Persons importing 

1695 specifically-exempted products, such as structural or curved plywood, and finished goods 

1696 incorporating such products, would not be required to certify. 

1697 EPA generally believes that the existing import certification regulations, along with the 

1698 specific labeling and recordkeeping requirements for composite wood products discussed in Unit 

1699 III.H., are sufficient to ensure compliance with TSCA Title VI. However, EPA has begun 

1700 consultations with CBP on the TSCA § 13 import regulations to determine whether revisions are 

1701 warranted. 

1702 K. Enforcement. 
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1703 The failure to comply with any provision of TSCA Title VI, or the regulations 

1704 implementing TSCA Title VI, is a prohibited act under TSCA section 15. Any person who 

1705 commits a prohibited act under TSCA section 15 can be held liable for civil and criminal 

1706 penalties. 

1707 L. Report to Congress.

1708 Section 3 of the Formaldehyde Standards for Composite Wood Products Act requires 

1709 EPA to report to Congress on an annual basis beginning in July 2011 and continuing through 

1710 2014. These reports must describe the status of the measures carried out or planned to be carried 

1711 out pursuant to TSCA Title VI and the extent to which relevant industries have achieved 

1712 compliance with the requirements of TSCA Title VI. The statute directs EPA to promulgate 

1713 final implementing regulations by January 1, 2013. EPA is proposing to make the manufactured1714 by date 1 year after the final rule is promulgated, which would mean composite wood products 

1715 manufactured through 1 year after promulgation would not be subject to the emission standards. 

1716 EPA requests comment on how data on industry compliance could or should be obtained, and 

1717 whether a reporting requirement would best accomplish this goal. 

1718 IV. References 

1719 As indicated under ADDRESSES, a docket has been established for this rulemaking 

1720 under docket ID number EPA-HQ-OPPT-2011-0380. The following is a listing of the 

1721 documents that are specifically referenced in this proposed rule. The docket includes these 

1722 documents and other information considered by EPA, including documents that are referenced 

1723 within the documents that are included in the docket, even if the referenced document is not 

1724 physically located in the docket. For assistance in locating these other documents, please consult 

1725 the technical contact listed under FOR FURTHER INFORMATION CONTACT. 
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1726 1. US Environmental Protection Agency (EPA). Formaldehyde; Third-Party Certification 

1727 Framework for the Formaldehyde Standards for Composite Wood Products Rule. Federal 

1728 Register. XX FR XXXXX (XXXX). 

1729 2. California Environmental Protection Agency Air Resources Board. Airborne Toxic 

1730 Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products. Final 

1731 Regulation Order. April 2008. 

1732 http://www.arb.ca.gov/regact/2007/compwood07/compwood07.htm

1733 3. Agency for Toxic Substances and Disease Registry (ATSDR). 1999. Toxicological 

1734 Profile for Formaldehyde and 2010 Addendum to the Profile. Atlanta, GA: U.S. Department of 

1735 Health and Human Services, Public Health Service. 

1736 4. National Toxicology Program, U.S. Department of Health and Human Services (HHS), 

1737 12th Report on Carcinogens, June 10, 2011. 

1738 5. USEPA Office of Research and Development (ORD). Formaldehyde. Integrated Risk 

1739 Information System (IRIS). 1991. http:// www.epa.gov/iris/subst/0419.htm. 

1740 6. USEPA Office of Air and Radiation (OAR). National Emission Standards for 

1741 Hazardous Air Pollutants: Plywood and Composite Wood Products; List of Hazardous Air 

1742 Pollutants, Lesser Quantity Designations, Source Category List; Final Rule. Federal Register 

1743 (71 FR 8341, February 16, 2006) (FRL–8028–9). http://www.epa.gov/ttn/atw/plypart/ 

1744 fr16fe06.pdf. 

1745 7. USEPA, ORD. Memorandum from Peter Preuss to Steve Page entitled 

1746 “Recommendation for Formaldehyde Inhalation Cancer Risk Values” (January 22, 2010). 

1747 8. USEPA, ORD. IRIS Toxicological Review of Formaldehyde-Inhalation Assessment 

1748 (2010 External Review Draft). 
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1749 http://cfpub.epa.gov/ncea/iris_drafts/recordisplay.cfm?deid=223614. 

1750 9. National Academy of Sciences (NAS). Review of the Environmental Protection 

1751 Agency's Draft IRIS Assessment of Formaldehyde (2011). 

1752 http://www.nap.edu/catalog.php?record_id=13142. 

1753 10. USEPA Approach Document (2011). 

1754 11. USEPA. Formaldehyde Emissions from Composite Wood Products; Disposition of 

1755 TSCA Section 21 Petition; Notice. Federal Register (73 FR 36504, June 27, 2008). 

1756 12. American National Standards Institute (ANSI)/Hardwood Plywood and Veneer 

1757 Association (HPVA). American National Standard for Hardwood and Decorative Plywood, 

1758 ANSI/HPVA HP-1-2009. 

1759 13. US Department of Commerce (DOC), National Institute of Standards and Technology 

1760 (NIST), Technology Administration. Voluntary Product Standard PS-1-07 (2007), Structural 

1761 Plywood. 

1762 14. USDOC, NIST. Voluntary Product Standard PS-2-04 (2004), Performance Standard 

1763 for Wood-Based Structural-Use Panels. 

1764 15. USEPA. Report of the Small Business Advocacy Review Panel on EPA’s Planned 

1765 Proposed Rule Implementing the Formaldehyde Standards for Composite Wood Products Act 

1766 (TSCA Title VI) (Apr. 4, 2011). 

1767 16. Composite Panel Association (CPA). VOC Emission Barrier Effects of Laminates, 

1768 Overlays and Coatings for Particleboard, Medium Density Fiberboard (MDF) and Hardboard 

1769 (2003), available at 

1770 http://www.pbmdf.com/cpa30/files/ccLibraryFiles/Filename/000000000738/TB%20VOC.pdf. 

1771 17. HPVA. Comments of the Hardwood Plywood and Veneer Association (HPVA) 
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1772 Submitted to the Environmental Protection Agency (EPA) on the Advanced Notice of Proposed 

1773 Rulemaking (ANPR) for Formaldehyde from Certain Wood Products (March 19, 2009). 

1774 18. ANSI. American National Standard for Particleboard A208.1–2009. 

1775 19. ANSI. American National Standard for Medium Density Fiberboard (MDF) for 

1776 Interior Applications, ANSI A208.2–2 2009. 

1777 20. ANSI. American National Standard, Basic Hardboard, ANSI A135.4 2004. 

1778 21. ANSI. American National Standard, Prefinished Hardboard Paneling, ANSI A135.5 

1779 2004. 

1780 22. ANSI. American National Standard, Hardboard Siding, ANSI A135.6 2006. 

1781 23. Kelly, T. I., D. L. Smith, J. Satola. Emission Rates of Formaldehyde from Materials 

1782 and Consumer Products Found in California Homes. Environmental Science & Technology Vol. 

1783 33: 81-88 (1999). 

1784 24. Georgia Pacific LLC. Letter (August 15, 2011). 

1785 25. ASTM International. ASTM E-1333-96, Standard Test Method for Determining 

1786 Formaldehyde Concentrations in Air and Emission Rates from Wood Products Using a Large 

1787 Chamber. 

1788 26. ASTM International. ASTM D-6007-02 (2008), Standard Test Method for 

1789 Determining Formaldehyde Concentrations in Air from Wood Products Using a Small-Scale 

1790 Chamber. 

1791 27. ASTM International. ASTM D 5582-00 (2006), Standard Test Method for 

1792 Determining Formaldehyde Levels from Wood Products Using a Desiccator. 

1793 28. ASTM International. ASTM E-1333-10, Standard Test Method for Determining 

1794 Formaldehyde Concentrations in Air and Emission Rates from Wood Products Using a Large 
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1795 Chamber. 

1796 29. CEN, European Committee for Standardization. EN 717-2 (1995), Wood-based 

1797 panels. Determination of formaldehyde release-Formaldehyde release by the gas analysis 

1798 method, English Version. 

1799 30. Dynamic Micro Chamber method. 

1800 31. CEN, European Committee for Standardization. EN 120 (1992), Wood based panels. 

1801 Determination of formaldehyde content-Extraction method called the perforator method, English 

1802 Version. 

1803 32. Japanese Standards Association, Japanese Industrial Standards. JIS A 1460 (2001), 

1804 Building boards determination of Formaldehyde emission-Desiccator method, English Version. 

1805 33. Composite Panel Association, Formaldehyde Grademark Program Quality Assurance 

1806 Manual (January 1, 2007). 

1807 34. CARB Supplemental Analysis. 

1808 35. CARB. Third Party Certification Guideline: Establishing a Correlation with an 

1809 Acceptable Correlation Coefficient (“r” Value), Guideline No. 10-001 (June 8, 2010). 

1810 36. Frihart, C.R., Wescott, J.M., Birkeland, M. J., and Gonner, K.M. “Formaldehyde 

1811 Emissions from ULEF- and NAF-Bonded Commercial Hardwood Plywood as Influenced by 

1812 Temperature and Relative Humidity.” Proceedings of the International Convention of Society of 

1813 Wood Science and Technology and United Nations Economic Commission for Europe—Timber 

1814 Committee, October 11-14, 2010, Geneva, Switzerland. 

1815 http://www.fpl.fs.fed.us/documnts/pdf2010/fpl_2010_frihart005.pdf. 

1816 37. CARB. Composite Wood Products Regulation Advisory: 10-01, Extension of Sell1817 Through Date for Distributors, Fabricators, and Retailers of Pre-Phase 1 Finished Goods (July 
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1818 2010). 

1819 38. CARB. Composite Wood Products Regulation Advisory: 11-01, Extension of Sell1820 Through Dates for Distributors, Importers, Fabricators, and Retailers of Finished Goods 

1821 Containing Phase 1 Hardwood Plywood - Veneer Core and Distributors of Phase 1 Particleboard 

1822 and Medium Density Fiberboard Panels (May 2011). 

1823 39. USEPA. Economic Analysis of the Formaldehyde Standards for Composite Wood 

1824 Products Act Implementing Regulations Proposed Rule (Economic Analysis) (February 2012). 

1825 40. Hanrahan, L. P., K. A. Dally, H. A. Anderson, M. S. Kanarek and J. Rankin. 

1826 Formaldehyde vapor in mobile homes: a cross sectional survey of concentrations and irritant 

1827 effects. Am. J. Public Health. 74: 1026-1027 (1984). 

1828 41. McGwin, G., Jr., J. Lienert and J. I. Kennedy, Jr. Formaldehyde Exposure and 

1829 Asthma in Children: A Systematic Review. Environmental Health Perspectives. 118: 313-317 

1830 (March 2010). 

1831 42. Taskinen, H. K., P. Kyyronen, M. Sallmen, S. V. Virtanen, T. A. Liuldwnen, O. 

1832 Huida, M. L. Lindbohm and A. Anttila. Reduced Fertility Among Female Wood Workers 

1833 Exposed to Formaldehyde. American Journal of Industrial Medicine. 36: 202-221 (1999). 

1834 43. USEPA. Information Collection Request (ICR) for the Formaldehyde Emission 

1835 Standards for Composite Wood Products Act Implementing Regulations (Proposed Rule). EPA 

1836 ICR No. 2446.01 and OMB No. 2070-[NEW]. 

1837 44. USEPA. Initial Regulatory Flexibility Analysis for Formaldehyde Emission 

1838 Standards for Composite Wood Products; Proposed Rule (February 2012). 

1839 45. USEPA. Unfunded Mandates Reform Act Statement. Formaldehyde Emission 

1840 Standards for Composite Wood Products; Proposed Rule (February 2012). 
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1841 V. Statutory and Executive Order Reviews

1842 A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: 

1843 Improving Regulation and Regulatory Review 

1844 Under section 3(f)(1) of Executive Order 12866 (58 FR 51735, October 4, 1993), this 

1845 action is an "economically significant regulatory action” because it is likely to have an annual 

1846 effect on the economy of $100 million or more in the first year of implementation. Accordingly, 

1847 EPA submitted this action to the Office of Management and Budget (OMB) for review under 

1848 Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011) and any changes made in 

1849 response to OMB recommendations have been documented in the docket for this action. 

1850 EPA has prepared an analysis of the potential costs and benefits associated with this 

1851 rulemaking. This analysis is contained in the Economic Analysis of the Formaldehyde Standards 

1852 for Composite Wood Products Act Implementing Regulations Proposed Rule (Economic 

1853 Analysis, Ref. 39) and is briefly summarized here, and in more detail below. 

1854 

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, nasopharyngeal cancer, and reduced female 

fertility) are $184 million to $278 million per year using a 3% discount rate, 

and $91 million to $137 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 $81 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. 
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Category Description 

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. 

1855 

1856 1. Entities subject to the rule. EPA analyzed the effect of this proposal on panel 

1857 producers, fabricators, wholesalers (i.e., distributors and importers), and retailers. Due to the 

1858 similarities between this proposal and the CARB ATCM, the incremental costs and benefits of 

1859 this proposal are determined in part by the degree to which firms are already complying with the 

1860 ATCM. So the following discussion of the number of entities subject to the TSCA Title VI rule 

1861 includes an estimate of baseline compliance with the CARB ATCM. 

1862 Mills making hardwood plywood, MDF, or particleboard panels that would be classified 

1863 as a composite wood products under the CARB ATCM are referred to here as stock panel 

1864 producers. Thus, stock panel producers do not include facilities that only make products 

1865 exempted from the CARB ATCM (and that are statutorily excluded from the TSCA Title VI 

1866 rule) such as curved plywood, military specified plywood, structural plywood, and wood-based 

1867 structural-use panels. There are approximately 90 stock panel mills in the U.S., operated by 54 

1868 firms. This count of stock panel producers excludes firms making laminated products that are 

1869 included in the definition of hardwood plywood. These laminated product producers are 

1870 discussed separately below. 

1871 A total of 79 stock panel mills have been certified as meeting the CARB Phase 2 

1872 standards for at least one of their composite wood products. (The Phase 2 standards are 

1873 equivalent to the emissions standards in this proposal.) The CARB certified mills are 

1874 responsible for virtually all the U.S. production volume of composite wood products. 

1875 Approximately 99.6% of stock hardwood plywood produced in the U.S. is certified as meeting 
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1876 the CARB Phase 2 emissions standard, as is 100% of the MDF production and 98% of the 

1877 particleboard production. All of these mills would incur costs for rule familiarization under the 

1878 TSCA Title VI program. Some of these mills may also incur costs to change raw materials and 

1879 production processes if they switch from a ULEF certification under the CARB ATCM to a NAF 

1880 certification under the TSCA Title VI rule. 

1881 There are 16 U.S. stock panel mills making at least one product that is not certified as 

1882 meeting the CARB Phase 2 standards. (Some of the 90 stock panel mills make both product 

1883 lines that are certified under the CARB ATCM as well as product lines that are not certified 

1884 because they are not intended to be sold in California.) These mills would incur costs for 

1885 certification and testing due to the proposal, and some may incur costs to change raw materials 

1886 and production processes in order to meet the emission standards in this proposal. They would 

1887 also incur costs for rule familiarization and labeling. 

1888 Approximately 7,000 to 14,000 laminated product producers in the U.S. make products 

1889 (such as custom hardwood plywood and architectural panels, windows, doors, kitchen cabinets, 

1890 furniture, architectural woodwork and millwork, engineered wood flooring, and other goods) by 

1891 affixing veneer to purchased platforms as part of the production process. These laminated 

1892 products are regulated as hardwood plywood under this proposal unless they are made using 

1893 NAF resins to attach the veneer to compliant and certified platforms, in which case they are 

1894 exempted from the definition of hardwood plywood. 

1895 The wood products industry commonly uses the term laminates to describe products that 

1896 are laminated with materials other than veneer, such as high pressure laminate, thermally fused 

1897 paper, vinyl film, decorative foil, or polypropylene film. Such products are not considered to be 

1898 hardwood plywood under this proposal regardless of the type of resin used. So firms making 
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1899 these products are considered fabricators (discussed below), and are not counted as laminated 

1900 product producers. 

1901 The estimate of 7,000 to 14,000 laminated product producers excludes firms that use 

1902 veneer to make products that are exempted from the definition of hardwood plywood because 

1903 they do not create panels (flat or raised rectangular pieces of composite wood product) during the 

1904 production process; the products are made by affixing veneer to substrates other than 

1905 particleboard, MDF, or veneer core platforms; or the products are statutorily exempted by TSCA 

1906 Title VI (including products used in boats and aircraft, and products not intended for interior use) 

1907 or otherwise do not qualify as regulated hardwood plywood (such as curved plywood, military 

1908 specified plywood, and structural plywood). 

1909 Since laminated products are not considered to be hardwood plywood under the CARB 

1910 ATCM, they are not certified or tested for emissions under that rule. But in order to be sold in 

1911 California, such products must be made using certified composite wood products as platforms, 

1912 and they must comply with the labeling and chain of custody requirements in the CARB ATCM. 

1913 Nationally, 2,700 to 4,000 of these laminated product producers are assumed to be using 

1914 formaldehyde-based resins. It is generally less expensive for these firms to switch to a NAF 

1915 resin than to pay for the certification and product testing required for panel producers under this 

1916 proposal. EPA believes that nearly all laminated product producers using formaldehyde-based 

1917 resins to attach wood or woody grass veneer to compliant and certified platforms will switch to 

1918 NAF resins, in order to qualify for the exemption from the definition of hardwood plywood in 

1919 this proposal. EPA assumes that only about 150 to 300 U.S. laminated product producers will 

1920 continue using formaldehyde-based resins, and thus will need to certify and test their products as 

1921 a result of this proposal. 
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1922 There are approximately 80,000 fabricators in the U.S. making composite wood products 

1923 into component parts or finished goods, including the 7,000 to 14,000 laminated product 

1924 producers. The other 66,000 to 73,000 fabricators use composite wood products to make goods 

1925 such as architectural components, cabinets, and furniture, without affixing veneer themselves. 

1926 Under the CARB ATCM, fabricated products sold in California must be made using certified 

1927 composite wood products, and they must comply with the ATCM’s labeling and chain of 

1928 custody requirements. Nationwide, approximately 32,000 fabricators (including some laminated 

1929 product producers) are estimated to comply with the labeling and chain of custody requirements 

1930 in the CARB ATCM because their products may be sold in California. Firms that sell any 

1931 products in California typically follow the CARB ATCM’s requirements for all of their products, 

1932 including products that are sold outside of California. Such firms would still incur rule 

1933 familiarization costs due to this proposal. The remaining 48,000 fabricators that do not comply 

1934 with the CARB ATCM because they do not sell any products in California would incur costs to 

1935 comply with the chain of custody requirements in this proposal, as well as rule familiarization 

1936 costs. 

1937 Approximately 86,000 U.S. distributors (also referred to as wholesalers) are estimated to 

1938 sell goods containing composite wood products. As many as 24,000 wholesalers may be 

1939 importing composite wood panels or component parts or finished goods containing composite 

1940 wood products, and are considered manufacturers under TSCA. (This is the number of firms that 

1941 may import the goods themselves, not those that only buy and sell goods imported by others.) 

1942 Approximately 32,000 of the 86,000 wholesalers have at least one facility in California, and thus 

1943 must comply with the labeling and chain of custody requirements in the CARB ATCM. Of the 

1944 approximately 759,000 retailers in the U.S. that sell products containing composite wood 
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1945 products, about 101,000 have at least one facility in California and are following the chain of 

1946 custody requirements in the CARB ATCM. Again, firms that sell any products in California 

1947 typically follow the CARB ATCM’s requirements for all of the products they sell, including 

1948 products that are sold outside of California. All wholesale and retail firms will incur additional 

1949 costs for rule familiarization due to the Title VI rule. Of the 24,000 wholesalers importing 

1950 composite wood products (who are subject to the rule’s recordkeeping requirements for TSCA 

1951 manufacturers), about 15,000 do not have any facilities in California. Wholesalers that 

1952 repackage products may incur additional labeling costs due to this proposal. 

1953 

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 to CARB ATCM 

Fabricators 66,000 to 73,000 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 

1954 

1955 2. Options evaluated. Congress directed EPA to consider a number of elements for 

1956 inclusion in the implementing regulations, and EPA considered various options for addressing 

1957 these elements. For many of the provisions, such as the product-inventory sell-through provision 

1958 and the stockpiling prohibition, EPA did not have the data needed to make quantitative estimates 

1959 of the effects of different options. EPA did have sufficient information to analyze several 
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1960 different options for how laminated products might be included in the definition of hardwood 

1961 plywood, and for the chain of custody and recordkeeping required by the rule. The Economic 

1962 Analysis discusses emissions standards that are different from those set in TSCA Title VI. That 

1963 discussion is simply for informational purposes, and the breadth of the discussion should not 

1964 necessarily imply that EPA has corresponding flexibility in implementing the statute. Among 

1965 the analytical options based on the formaldehyde emission standards that are set in Title VI of 

1966 TSCA, the Economic Analysis includes options to exempt all laminated products from the 

1967 definition of hardwood plywood; not exempt any laminated products from the definition; exempt 

1968 all laminated products except custom plywood and architectural panels from the definition; 

1969 exempt laminated products made by attaching a wood veneer to a NAF platform using a NAF 

1970 resin from the definition; exempt laminated products made by attaching a wood veneer to a 

1971 compliant and certified platform using a NAF resin from the definition; and the proposed option 

1972 to exempt laminated products made by attaching a wood veneer to a compliant and certified 

1973 platform using a NAF resin from the definition combined with reduced recordkeeping 

1974 requirements for firms that do not qualify as manufacturers under TSCA (i.e., certain distributors 

1975 and retailers), and with no requirement for firms to inform their suppliers that the products 

1976 supplied must comply with TSCA Title VI. 

1977 

Option Description 

Option SE All laminated products are exempt from the definition of hardwood 

plywood. 

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. 
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Option Description 

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. 

1978 

1979 

1980 3. Benefits. Reductions of formaldehyde emissions from composite wood products 

1981 benefits individuals who reside, work, or otherwise spend a substantial amount of time where 

1982 new composite wood products are introduced to an indoor space. The Economic Analysis (Ref. 

1983 39) estimates the benefits of the options over a 30 year period for lowering formaldehyde 

1984 emissions from composite wood products. 

1985 This benefits analysis uses an age-dependent exposure analysis that includes 

1986 formaldehyde exposure from homes, daycare, schools, workplace, vehicles, and outdoors. For 

1987 each option, there are 3,300 different exposure scenarios derived from 22 different composite 

1988 wood product age/source combinations, 5 structure types, 5 climate zones, and 6 individual 

1989 age/employment status combinations. Changes in exposure are estimated by changing the two 

1990 broad categories where a substantial amount of new composite wood products might be 

1991 introduced: new home construction and major renovations that include kitchen remodeling. 

1992 Changes in the risk of the adverse health outcomes associated with the changes in exposure are 

1993 estimated for nasopharyngeal cancer and three non-cancer health effects: sensory irritation, 

1994 asthma incidence, and female reproductive toxicity (i.e., reduced fertility). 

1995 The total annualized benefits of the proposed option are between $184 million and $278 

1996 million per year (in 2010 dollars) using a 3% discount rate, and between $91 million and $137 
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1997 million per year using a 7% discount rate. Using a 3% discount rate, about 85% of the total 

1998 benefits are attributable to reductions in asthma risk and about 14% are attributable to reductions 

1999 in cancer risk. Only about 2% of the total benefits are attributable to avoiding eye irritation and 

2000 reduced fertility. The benefits under the proposed option (Option SCR) are less than 4% lower 

2001 those of the most protective option (Option SN). The most protective option (Option SN) has 

2002 benefits that are less than 20% larger than the benefits of the least protective option (Option SE). 

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 

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. 

2003 

2004 Formaldehyde is classified as a known human carcinogen by the National Toxicology 

2005 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 2006 of formaldehyde. In June 

2007 2010, EPA released a draft IRIS Toxicological Review of Formaldehyde that recommended a 

2008 different unit risk factor and recommended the use of age-dependent adjustment factors 
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2009 (ADAFs) to account for age-specific susceptibility. This draft assessment underwent 

2010 independent scientific peer review by the National Academy of Sciences (NAS). However, 

2011 given that EPA is currently in the process of revising the IRIS assessment based on the NAS 

2012 review and public comments, the 1991 IRIS value is used to analyze this proposed rule. 

2013 The benefits of a reduction in cancer risk are based on the value of a reduction in the risk 

2014 an individual will ultimately die from the cancer (referred to as fatal cancer), and a reduction in 

2015 the risk an individual will ultimately die from something other than the cancer (referred to as 

2016 non-fatal cancer). These two categories reflect the two possible outcomes for nasopharyngeal 

2017 cancer and do not reflect different types of cancer. The number of excess cancer cases was 

2018 estimated and then divided into these two categories: 44.7% of the cancer risk reductions are 

2019 assumed to be reductions in non-fatal cancer risk and 55.3% of the reductions are assumed to be 

2020 reductions in fatal cancer (mortality) risk. The value of reduced mortality risk is $8.01 per 

2021 mortality micro-risk reduction – that is, a reduction of 1/1,000,000 in the risk of mortality. Non2022 fatal cases of nasopharyngeal cancer were valued using a cost-of-illness approach. The value of 

2023 an avoided case of non-fatal nasopharyngeal cancer was estimated to be the present discounted 

2024 value of the stream of expected medical expenditures and opportunity costs associated with the 

2025 illness from the year of diagnosis, taking into account that the individual may die of other causes. 

2026 Costs include the cost of diagnosis, initial treatment costs, and “maintenance” costs in each 

2027 subsequent year. The stream of annual costs depends on the stage of the cancer at diagnosis, the 

2028 individual’s age at diagnosis, and the individual’s employment status each year after diagnosis, 

2029 resulting in a value of $0.09 to $0.14 per micro-risk reduction. 

2030 The benefits associated with avoiding non-cancer health impacts are described in an EPA 

2031 report titled “Approach to Assessing Non-cancer Health Effects from Formaldehyde and 
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2032 Benefits from Reducing Non-cancer Health Effects as a Result of Implementing Formaldehyde 

2033 Emission Limits for Composite Wood Products” (Ref. 10). The 2010 draft IRIS assessment 

2034 identified seven categories of non-cancer health effects and proposed RfCs based on four effects: 

2035 sensory irritation, pulmonary function effects, asthma and allergic sensitization (atopy), and 

2036 reproductive toxicity. The NAS supported the derivation of candidate reference concentrations 

2037 (RfCs) for each of these four endpoints based on human epidemiologic data (Ref. 9), but EPA 

2038 determined there was sufficient information for quantitative concentration-response modeling for 

2039 use in EPA’s economic analysis for only three categories of effects: eye irritation, asthma, and 

2040 female reproductive toxicity. In the 2011 non-cancer approach document, EPA derived 

2041 concentration-response functions from preferred studies for these three endpoints and 

2042 recommended accompanying unit values for use in the benefits assessment. The available data 

2043 on pulmonary function effects could not be advanced because it was not possible to link specific 

2044 decrements in pulmonary function with specific economic costs and any associated benefits were 

2045 not monetized. Likewise, benefits from the reduction of the other non-cancer effects for which 

2046 candidate RfCs were not derived were also not monetized. 

2047 Information from two studies reporting sensory irritation in humans from chronic 

2048 formaldehyde inhalation exposures in a residential environment were combined to create the 

2049 concentration-response function for eye irritation. The function was based on a power model fit 

2050 to the odds ratio of the prevalence of burning eyes reported in Figure 1 of Hanrahan et al. (Ref. 

2051 40). This function was then used with a willingness to pay to avoid eye irritation of $26 to 

2052 calculate the monetized benefits of reduced sensory irritation for all individuals. 

2053 The concentration-response function for asthma incidence was developed based on a 

2054 meta-analysis of formaldehyde-associated childhood asthma conducted by McGwin et al. (Ref. 
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2055 41). This meta-analysis was based on seven peer-reviewed studies providing quantitative 

2056 information on the association between formaldehyde exposure and asthma in children, with 

2057 mean ages in the studies from 2 to 14 years with a range from 6 months to 17 years. The NAS 

2058 report (2011) noted that, while Rumchev and coauthors (2002) interpreted the health outcome in 

2059 their study as a diagnosis of asthma, study participants of such young ages are now thought to 

2060 have been more likely to have actually had lower respiratory illnesses with wheezing of an 

2061 infectious etiology, a diagnosis which could often have been mislabeled as asthma. The 

2062 remaining six studies were used to develop a pooled random effects odds ratio. The willingness 

2063 to pay to avoid chronic asthma was calculated as the net present value of the stream of annual 

2064 willingness to pay values to avoid the disease over a lifetime. A range of $35,443 to $66,064 

2065 was used to calculate the benefit of avoiding one statistical case of chronic asthma. Combining 

2066 the concentration-response information with the unit cost, incidence rates, and other relevant 

2067 terms, the analysis estimates the monetized benefits of avoiding the development of asthma. The 

2068 analysis calculates a lower benefits estimate based on avoiding asthma in children ages 6 through 

2069 17, and a higher benefits estimate based on avoiding asthma in children ages 2 through 17.

2070 The concentration-response relationship for female reproductive toxicity is based on a 

2071 retrospective cohort study by Taskinen et al. (Ref. 42). Estimates of mean daily exposure to 

2072 formaldehyde were based on measurements taken at factories in Finland during the early 1990s. 

2073 The concentration-response function was estimated by fitting a linear regression to formaldehyde 

2074 concentrations and the corresponding fraction of female factory workers aged 20 to 40 who took 

2075 longer than 12 months to conceive. The value of avoided infertility used in the benefits analysis 

2076 is estimated using a weighted cost of illness approach based on the costs of treating infertility, 

2077 either through medication to stimulate ovulation, artificial insemination, or in vitro fertilization. 
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2078 This was used to estimate the monetized benefits of reduced reproductive toxicity for women 

2079 between the ages of 20 and 40, resulting in an estimate of $1,969 to $5,336 to avoid reduced 

2080 fertility. 

2081 There are three reasons why the total economic benefits reported above may be 

2082 underestimated. First, there are a number of potential health effects that are not included in this 

2083 analysis. In addition to cancer, the 2010 draft IRIS assessment enumerated potential health 

2084 outcomes from formaldehyde exposure including sensory irritation, upper respiratory tract 

2085 pathology, pulmonary function effects, asthma and allergic sensitization, immune function 

2086 effects, neurological and behavioral toxicity, and developmental and reproductive toxicity. 

2087 However, monetization of any health endpoint requires an estimated concentration-response 

2088 function that can be appropriately linked for use in the economic analyses. At this time, only 

2089 three non-cancer health effects – sensory irritation, asthma, and female reproductive toxicity – 

2090 have sufficient data for such quantitative concentration-response modeling. Second, while the 

2091 cancer benefits were evaluated using the unit risk as a reasonable upper bound on the central 

2092 estimate of risk, the non-cancer benefits were evaluated using central estimates of the 

2093 concentration-response functions rather than upper (or lower) bounds which could also 

2094 underestimate any associated economic benefits. Third, the valuation of some of these endpoints 

2095 relies on cost-of-illness estimates rather than willingness to pay. In general, cost of illness 

2096 estimates only capture mitigating and indirect costs, omitting averting expenditures and lost 

2097 utility associated with pain and suffering, and are, therefore, considered to be underestimates of 

2098 economic benefits. 

2099 4. Costs. The Economic Analysis estimates the incremental cost to firms located in the 

2100 U.S. of complying with the requirements of the proposal compared to the activities that firms are 
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2101 already undertaking, often in response to the CARB ATCM. Depending on their baseline 

2102 compliance with the CARB ATCM, panel producers may incur costs for third-party certification, 

2103 testing, and changes to raw materials and production processes where necessary to meet the 

2104 emissions standards. Panel producers and other regulated firms may incur costs for labeling, 

2105 recordkeeping and rule familiarization. 

2106 Stock panel producers are estimated to incur a total annualized cost of $2 million per year 

2107 under either a 3% or 7% discount rate. Laminated product producers incur a total annualized 

2108 cost of $18 million to $32 million per year using a 3% discount rate and $18 million to $33 

2109 million per year using a 7% rate. Of this, $3 million per year is incurred by firms that convert to 

2110 NAF resins in order to qualify for the exemption from the definition of hardwood plywood, $8 

2111 million to $16 million per year is spent on testing and certification by firms that continue to use 

2112 formaldehyde-based resins and thus do not qualify for the exemption, and the balance is spent on 

2113 rule familiarization, labeling, and recordkeeping. The remaining fabricators incur a total 

2114 annualized cost of $21 million to $26 million per year using a 3% discount rate and $21 million 

2115 to $27 million per year using a 7% discount rate. Wholesalers incur total annualized costs of $16 

2116 million per year under a discount rate and $17 million per year using a 7% discount rate. 

2117 Retailers are estimated to incur total annualized costs of $10 million per year using a 3% 

2118 discount rate and $16 million per year using a 7% discount rate. The proposal is estimated to 

2119 result in a total cost of $435 million to $447 million in the first year. Annualized costs of the 

2120 proposal are $72 million to $81 million per year using a 3% discount rate and $81 million to $89 

2121 million per year using a 7% discount rate. 

2122 Given the formaldehyde emissions standards that are set in Title VI of TSCA, annualized 

2123 costs for the other options for laminated products ranged from $100 million to $293 million per 
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2124 year using a 3% discount rate, and $112 million to $311 million per year using a 7% discount 

2125 rate. 

Costs of Proposed Option by Industry Type (millions 2010$) 

Industry Type 

First Year Annualized 

(3%) 

Annualized 

(7%) 

Low High Low High Low High 

Stock panel producers $3 $3 $2 $2 $2 $2 

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 $435 $447 $72 $81 $81 $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. 

2126 

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 $194 $293 $208 $311 

Option SP $600 $600 $104 $104 $115 $115 

Option SN $654 $689 $143 $185 $154 $195 

Option SC $609 $621 $112 $121 $123 $132 

Proposed Option – Option SCR $435 $447 $72 $81 $81 $89 

2127 

2128 5. Net benefits. Net benefits are the difference between benefits and costs. The proposal 

2129 is estimated to result in net benefits of $103 million to $206 million per year using a 3% discount 

2130 rate, and $2 million to $57 million per year using a 7% discount rate. Net benefits for the other 

2131 options for regulating laminated products based on the formaldehyde emissions standards that 

2132 are set in Title VI of TSCA range from -$109 million to $166 million per year using a 3% 

2133 discount rate and -$220 million to $14 million per year. 

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 $162 $245 $62 $145 

Option SI $194 $293 $184 $278 -$109 $84 

Option SP $104 $104 Not 

estimated 

Not 

estimated 

Not 

estimated 

Not 

estimated 

Option SN $143 $185 $192 $289 $7 $146 

Option SC $112 $121 $184 $278 $63 $166 

Proposed Option 

– Option SCR $72 $81 $184 $278 $103 $206 

2134 

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 $121 -$31 $9 

Option SI $208 $311 $91 $137 -$220 -$71 

Option SP $115 $115 Not 

estimated 

Not 

estimated 

Not 

estimated 

Not 

estimated 

Option SN $154 $195 $95 $143 -$99 -$11 

Option SC $123 $132 $91 $137 -$41 $14 

Proposed Option 

– Option SCR $81 $89 $91 $137 $2 $57 

2135 

2136 To further improve the analysis for the final rule, the Agency is also specifically 

2137 interested in supporting information on the following questions related to the data, estimates, and 

2138 assumptions used in the Agency’s analysis: 

2139. 1. What, if any, differences are there in actual formaldehyde emissions levels between 

2140 products made domestically and those imported into the U.S.? Are data available characterizing 

2141 the differences in emissions between products that are certified under the CARB ATCM and 

2142 those that are not certified because they are sold in the U.S. outside of California? 

2143 2. 2. Is there evidence that products that do not comply with the CARB ATCM are being 

2144 sold in California? If so, are there differences in compliance between products made 
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2145 domestically and those imported into the U.S.? Is there information available to indicate how the 

2146 level of compliance with the TSCA Title VI rule can be expected to differ from compliance with 

2147 the CARB ATCM? 

2148 3. For each industry that uses veneer to manufacture products, how many firms make 

2149 laminated products sold in the U.S. that could potentially be included in the definition of 

2150 hardwood plywood under TSCA Title VI because they meet all of the following criteria: (a) they 

2151 affix a wood or woody grass veneer to the face and/or back of a purchased platform to produce a 

2152 component part used in the construction or assembly of a finished good; (b) they are applying 

2153 veneer to a particleboard, MDF, or veneer-core platform; (c) they are making a product that 

2154 qualifies as a panel under the proposed rule, where a panel is defined as a flat or raised 

2155 rectangular piece of composite wood product; and (d) they are making a product that does not 

2156 qualify for one of the statutory exemptions in TSCA Title VI (such as the exemptions for 

2157 products intended for use in a new vehicle such as a rail car, boat, or aircraft, or the exemption 

2158 for products intended for exterior use)? 

2159 4. To what extent are the laminated products described above currently made using an 

2160 added formaldehyde resin to affix the veneer to the platform? To what extent will these products 

2161 continue to use added formaldehyde resins after the TSCA Title VI rule is implemented? What 

2162 if any process or performance issues will face laminated product producers that switch to NAF 

2163 resins? 

2164 5. To what extent were firms’ customary recordkeeping practices generally sufficient to 

2165 meet the chain of custody requirements in the CARB ATCM? For firms that had to modify their 

2166 recordkeeping systems or practices to comply with the CARB ATCM, how much additional 

2167 effort or cost was required, on a one-time or ongoing basis? How do those costs depend on firm 
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2168 type (panel producer, fabricator, distributor, or retailer), firm size, complexity of the supply 

2169 chain, or other factors? 

2170 6. What costs did fabricators incur to label their products due to the CARB ATCM? 

2171 What factors, such as production volume or the number or complexity of the products, 

2172 determined the magnitude of those costs? To what extent do distributors or retailers apply labels 

2173 under the CARB ATCM, either because they are repackaging goods that were originally labeled 

2174 on the packaging instead of on the individual items, or because they are replacing an original 

2175 label applied by the panel producer or fabricator with a label listing a different company name? 

2176 7. What data are available on the types and quantities of goods containing composite 

2177 wood products used within a typical residence? How do these quantities differ by the type of 

2178 dwelling (single family attached housing, single family detached housing, multi-family housing, 

2179 manufactured housing, etc.)? Are there differences in the typical quantities of composite wood 

2180 products used associated with the race or income of the residents? 

2181 8. In the absence of a requirement that panel producers hold lots selected for testing until 

2182 the test results are received, how likely is it that panels would be shipped before the test results 

2183 are available? Given the lower frequency of quality control testing for hardwood plywood 

2184 producers (including laminators produced panels defined as hardwood plywood), how would 

2185 such a requirement affect their decision about whether to perform quality control testing for 

2186 formaldehyde emissions in-house or to send the panels to a third party for testing? 

2187 9. What data are available on the amount of work or leisure time patients typically miss 

2188 as a result of treatment for nasopharyngeal cancer, including the time recovering from 

2189 chemotherapy or radiation? 

2190 B. Paperwork Reduction Act (PRA) 
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2191 The information collection requirements in this proposed rule have been submitted to 

2192 OMB for review and approval under the PRA, 44 U.S.C. 3501 et seq. The Information 

2193 Collection Request (ICR) document prepared by EPA has been assigned EPA ICR number 

2194 2446.01, and the OMB Control No. 2070-[new] (Ref. 43). 

2195 The new information collection activities contained in this rule are designed to assist the 

2196 Agency in meeting the requirement in Section 601(d) of TSCA that EPA promulgate 

2197 implementing regulations in a manner that ensures compliance with the TSCA Title VI emission 

2198 standards. The new information collection requirements affect firms that sell, supply, offer for 

2199 sale, or manufacture (including import) hardwood plywood, particleboard, MDF, or finished 

2200 goods containing these materials in the United States. Although firms have the option of 

2201 choosing to engage in the covered activities, once a firm chooses to do so, the information 

2202 collection activities contained in this rule become mandatory for that firm. 

2203 The ICR document provides a detailed presentation of the estimated burden and costs for 

2204 3 years of the program. Burden is defined at 5 CFR 1320.3(b). Since the rule applies to products 

2205 imported into the U.S., the certification, testing, recordkeeping, and reporting requirements also 

2206 apply to entities outside the U.S. Therefore, the ICR document considers the burden and cost to 

2207 both foreign and domestic entities. This is in contrast to the Economic Analysis for the proposed 

2208 rule (Ref. 39), where the cost analysis is limited to domestic entities. The ICR document also 

2209 accounts for the burdens of baseline reporting and recordkeeping activities in two ways. One 

2210 estimates the incremental burden and cost excluding all the activities performed to comply with 

2211 the CARB ATCM in the baseline, which is consistent with the cost estimates in the Economic 

2212 Analysis. The other estimates the burden and cost of future activities even if those activities 

2213 would be performed in the absence of the TSCA Title VI rule (i.e., to comply with the CARB 
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2214 ATCM), which yields higher cost estimates than those in the Economic Analysis. 

2215 The ICR document estimates that more than 990,000 firms are subject to the rule’s 

2216 reporting and recordkeeping requirements. Of these, nearly 925,000 are domestic firms and 

2217 approximately 66,000 are foreign firms. Over the three year period covered by the ICR, the 

2218 incremental burden of the rule (excluding burden for activities performed in the baseline) is 

2219 estimated to average 5.9 million hours per year. The total annual burden (including burden for 

2220 required activities performed in the baseline) is estimated to average 8.0 million hours per year. 

2221 The total burden reflects nearly 1.7 million responses per year over the three years of the ICR, 

2222 where the number of responses includes both responses that are submitted to EPA or a third party 

2223 as well as recordkeeping activities conducted by firms that only maintain records. The total 

2224 annual burden equates to an average of 5 hours per response. 

2225 An agency may not conduct or sponsor, and a person is not required to respond to an 

2226 information collection request unless it displays a currently valid OMB control number, or is 

2227 otherwise required to submit the specific information by a statute. The OMB control numbers for 

2228 EPA’s regulations codified in Title 40 of the Code of Federal Regulations, after appearing in the 

2229 preamble of the final rule, are further displayed either by publication in the Federal Register or 

2230 by other appropriate means, such as on the related collection instrument or form, if applicable. 

2231 The display of OMB control numbers for certain EPA regulations is consolidated in a list at 40 

2232 CFR 9.1. 

2233 To comment on the Agency's need for this information, the accuracy of the provided 

2234 burden estimates, and any suggested methods for minimizing respondent burden, EPA has 

2235 established a public docket for this rule, which includes the ICR, under Docket ID number EPA2236 HQ-OPPT-2011-0380. Submit any comments related to the ICR to EPA and OMB. See 
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2237 ADDRESSES section at the beginning of this notice for where to submit comments to EPA. 

2238 Send comments to OMB at the Office of Information and Regulatory Affairs, Office of 

2239 Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office 

2240 for EPA. Since OMB is required to make a decision concerning the ICR between 30 and 60 days 

2241 after [Insert date of publication in the Federal Register], a comment to OMB is best assured of 

2242 having its full effect if OMB receives it by [Insert date 30 days after publication in the Federal 

2243 Register]. The final rule will respond to any OMB or public comments on the information 

2244 collection requirements contained in this proposal. 

2245 C. Regulatory Flexibility Act (RFA) 

2246 The RFA, 5 U.S.C. 601 et seq., generally requires an agency to prepare a regulatory 

2247 flexibility analysis of any rule subject to notice and comment rulemaking requirements under the 

2248 Administrative Procedure Act or any other statute unless the agency certifies that the rule will 

2249 not have a significant economic impact on a substantial number of small entities. Small entities 

2250 include small businesses, small organizations, and small governmental jurisdictions. 

2251 For purposes of assessing the impacts of today's proposed rule on small entities, small 

2252 entity is defined as: (1) a small business as defined by the Small Business Administration’s 

2253 (SBA) regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government 

2254 of a city, county, town, school district or special district with a population of less than 50,000; 

2255 and (3) a small organization that is any not-for-profit enterprise which is independently owned 

2256 and operated and is not dominant in its field. 

2257 Pursuant to section 603 of the RFA, EPA prepared an initial regulatory flexibility 

2258 analysis (IRFA) that examines the impact of the proposed rule on small entities along with 

2259 regulatory alternatives that could reduce that impact (Ref. 44). The IRFA is available for review 
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2260 in the docket and is summarized below. 

2261 1. Need for the rule. TSCA section 601(d) directs EPA to promulgate regulations to 

2262 implement the formaldehyde standards for composite wood products described in TSCA section 

2263 601(b)(2). EPA is issuing a proposed rule under TSCA Title VI to implement the statutory 

2264 formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and 

2265 particleboard sold, supplied, offered for sale, or manufactured (including imported) in the United 

2266 States. As directed by the statute, this proposal includes provisions relating to, among other 

2267 things, laminated products, products made with no-added formaldehyde resins, testing 

2268 requirements, product labeling, chain of custody documentation and other recordkeeping 

2269 requirements, and product inventory sell-through provisions, including a product stockpiling 

2270 prohibition. 

2271 2. Objectives and legal basis for the rule. The legal basis for the rule is TSCA section 

2272 601(d), which provides authority for the Administrator to “promulgate regulations to implement 

2273 the standards required under subsection (b) in a manner that ensures compliance with the 

2274 emission standards described in subsection (b)(2).” Therefore, the central objective of the 

2275 regulatory provisions of this proposal is to ensure compliance with the TSCA Title VI 

2276 formaldehyde emission standards.

2277 3. Description and number of small entities to which the rule will apply. The small 

2278 entities potentially affected by the rule are manufacturers (including importers), fabricators, 

2279 distributors, and retailers of composite wood products. For purposes of assessing the impacts of 

2280 the rule on small entities, small entity is defined as: (1) a small business as defined by the Small 

2281 Business Administration’s (SBA) regulations at 13 CFR 121.201; (2) a small governmental 

2282 jurisdiction that is a government of a city, county, town, school district or special district with a 
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2283 population of less than 50,000; and (3) a small organization that is any not-for-profit enterprise 

2284 which is independently owned and operated and is not dominant in its field. EPA estimates that 

2285 the rule will affect approximately 879,000 small entities. 

2286 4. Projected compliance requirements. This proposal implements the statutory 

2287 formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and 

2288 particleboard sold, supplied, offered for sale, or manufactured (including imported) in the United 

2289 States. As directed by the statute, this proposal includes provisions relating to, among other 

2290 things, laminated products, products made with no-added formaldehyde resins, testing 

2291 requirements, product labeling, chain of custody documentation and other recordkeeping 

2292 requirements, and product inventory sell-through provisions, including a product stockpiling 

2293 prohibition. This proposal would establish requirements for manufacturers (including 

2294 importers), fabricators, distributors, and retailers of composite wood products. The regulatory 

2295 provisions in this proposal are designed to ensure compliance with the TSCA Title VI 

2296 formaldehyde emission standards while aligning, where practical, with the regulatory 

2297 requirements under the California Air Resources Board’s (CARB) Airborne Toxic Control 

2298 Measure (ATCM). By aligning itself with the existing CARB requirements, EPA seeks to avoid 

2299 differing or duplicative regulatory requirements that would result in an increased burden on the 

2300 regulated community.

2301 5. Classes of small entities subject to the compliance requirements. Small entities 

2302 include small businesses, small organizations, and small governmental jurisdictions. The small 

2303 entities that are potentially directly regulated by this rule are small businesses that are 

2304 manufacturers (including importers), fabricators, distributors, or retailers of composite wood 

2305 products. No small governments or small organizations are expected to be directly regulated by 
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2306 the rule. 

2307 6. Professional skills needed to comply. Each panel producer must designate a person as 

2308 quality control manager with adequate experience and/or training to be responsible for 

2309 formaldehyde emission quality control. EPA has not proposed criteria for determining whether 

2310 an individual’s experience or training are appropriate for this position, but experience in the 

2311 wood products industry or a degree in chemistry or a related field might provide the skills need 

2312 to comply with the requirements. 

2313 A panel producer must be able to follow sampling and handling procedures for the 

2314 material that is to be tested. However, those procedures must be described in the panel 

2315 producer’s quality control manual, and specified skills should not be needed to follow the written 

2316 procedures. 

2317 Each panel producer must also designate a quality control facility for conducting quality 

2318 control formaldehyde testing, and the quality control facility must have quality control 

2319 employees with adequate experience and/or training to conduct accurate chemical quantitative 

2320 analytical tests. But instead of performing these functions themselves, panel producers have the 

2321 option of hiring an accredited third party certifier (TPC) or a contract laboratory to fulfill these 

2322 requirements. 

2323 To obtain product certification, a panel producer must apply to an accredited TPC, and 

2324 must provide information and notifications to the TPC. Finally, manufacturers, fabricators, 

2325 distributors, or retailers of composite wood products must maintain records. None of these 

2326 activities requires any special skills. 

2327 7. Relevant Federal rules. The U.S. Department of Housing and Urban Development 

2328 (HUD) has regulations governing formaldehyde emission levels from plywood and particleboard 
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2329 materials installed in manufactured homes. (See 24 CFR 3280.308.) However, TSCA Title VI 

2330 establishes specific formaldehyde emission standards for hardwood plywood, particleboard, and 

2331 medium-density fiberboard and does not provide EPA with the authority to modify these 

2332 standards. Furthermore, the Formaldehyde Standards for Composite Wood Products Act, which 

2333 includes TSCA Title VI, directs HUD to revise their regulations to ensure that they reflect the 

2334 emission standards in TSCA Title VI. And the HUD regulations do not deal with the other 

2335 elements addressed in these implementing regulations (where EPA does have the authority to 

2336 make determinations) such as laminated products, products made with no-added formaldehyde 

2337 resins, testing requirements, chain of custody documentation, and product inventory sell-through 

2338 provisions. Therefore, the regulatory provisions of this proposal for which EPA has flexibility in 

2339 implementing the statute do not duplicate, overlap, or conflict with any other Federal rules. 

2340 8. Potential economic impacts on small entities. Of the 879,000 small firms affected by 

2341 the proposal, over 851,000 (about 97%) are expected to have costs impacts that are less than 1% 

2342 of their revenues, over 23,000 firms (about 3 percent) are expected to experience impacts at 

2343 levels between 1 and 3% percent of their revenue, and over 4,000 firms (less than 1%) are 

2344 expected to incur costs exceeding 3% of their revenues. 

2345 Many of the firms with cost impacts above 1% of their revenues are fabricators, 

2346 wholesalers, and retailers with annualized costs less than $250 (i.e., they are firms with annual 

2347 revenues below $25,000). These firms account for 92% of the firms with cost impacts that are 

2348 between 1% and 3% and 42% of the firms with cost impacts that exceed 3%. 

2349 9. Small Business Advocacy Review Panel. As required here by section 609(b) of the 

2350 RFA, as amended by the Small Business Regulatory Enforcement Fairness Act (SBREFA), EPA 

2351 also conducted outreach to small entities and convened a Small Business Advocacy Review 
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2352 Panel on February 3, 2011 to obtain advice and recommendations of representatives of the small 

2353 entities that potentially would be subject to the proposed rule's requirements. The Panel solicited 

2354 input on all aspects of these proposed regulations and on the framework for the third-party 

2355 certification program under TSCA Title VI. Seventeen potentially-impacted small entities 

2356 served as small-entity representatives (SERs) to the Panel, representing a broad range of small 

2357 entities from diverse geographic locations, and five trade associations. The Panel concluded its 

2358 deliberations on April 4, 2011. 

2359 Consistent with the RFA/SBREFA requirements, the Panel evaluated the assembled 

2360 materials and small-entity comments on issues related to elements of the IRFA. A copy of the 

2361 Panel report is included in the docket for this proposed rule (Ref. 15). It is important to note that 

2362 the Panel’s findings and discussion were based on the information available at the time the final 

2363 report was prepared. EPA has continued to conduct analyses relevant to the proposed rule, and 

2364 additional information may be developed from public comment on the proposed rule. 

2365 The Panel’s recommendations on the TPC framework were discussed in the TPC 

2366 Proposal (Ref. 1). The Panel’s most significant findings and recommendations on other aspects 

2367 of the TSCA Title VI implementing regulations are summarized below. 

2368 a. In general. The Panel recommended that EPA adopt regulatory requirements that are 

2369 consistent with the CARB ATCM wherever possible. EPA agrees with this recommendation and 

2370 has tried throughout this proposal to remain consistent with CARB where it is practical to do so. 

2371 b. Manufactured-by dates and stockpiling. The Panel generally agreed with those SERs 

2372 that recommended that EPA propose to establish the manufactured-by date at 180 days after 

2373 promulgation of the final rule and make the reference period for determining whether stockpiling 
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2374 has occurred the 12 month period prior to promulgation of the final rule. The Panel also 

2375 recommended that EPA request comments and data on alternative dates and reference periods. 

2376 EPA is proposing to establish the manufactured-by date at 1 year after promulgation of 

2377 the final rule. This is primarily to allow for development of the third-party certification 

2378 infrastructure and to give panel producers who are not already complying with the CARB ATCM 

2379 adequate time before the manufactured-by date to select an accredited third-party certifier, 

2380 develop a quality control manual, and complete the initial testing to qualify for product 

2381 certification. 

2382 EPA is proposing to establish the stockpiling reference period, or base period, as the 

2383 calendar year 2009 because, under TSCA Title VI, the base period must end before the statute 

2384 was enacted. EPA requests comments and data on both the proposed manufactured-by date and 

2385 the proposed base period for determining whether stockpiling has occurred. 

2386 c. Quality control and compliance testing. The Panel recommended that EPA consider 

2387 CARB’s method of establishing equivalency and carefully evaluate any alternative test method 

2388 permitted. After considering the options, EPA is proposing to use CARB’s method of 

2389 establishing equivalency between test methods and EPA is also proposing to recognize those 

2390 alternative test methods that CARB has approved. 

2391 The Panel further recommended that EPA provide clear direction on product 

2392 decertification and recertification procedures and the recall of noncompliant products. In 

2393 response to these recommendations, EPA has proposed specific provisions on what actions are 

2394 required and allowed in the event of a failed test result. EPA has also proposed to require panel 

2395 producers to hold lots selected for testing until the test results are received. 
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2396 d. Labeling and recordkeeping. The Panel generally recommended that labeling and 

2397 record keeping provisions should be closely harmonized with CARB’s requirements, including 

2398 allowing panels to be labeled by bundle, rather than individually. The Panel did recognize that 

2399 subtle differences between the TSCA Title VI implementing regulations and the CARB ATCM 

2400 may make identical labels impossible. EPA is proposing labeling requirements that are virtually 

2401 identical to CARB’s, except that the labels must say that the products are TSCA Title VI 

2402 compliant instead of CARB compliant. For entities that are manufacturers under TSCA (i.e., 

2403 they manufacture, produce, or import composite wood panels, component parts, or finished 

2404 goods), EPA’s proposed recordkeeping and chain-of custody documentation requirements are 

2405 also virtually identical to CARB’s. For distributors and retailers that are not manufacturers 

2406 under TSCA, EPA is proposing that the only records they be required to keep are invoices and 

2407 bills of lading. 

2408 e. Laminated products and engineered veneer. The Panel recommended that EPA 

2409 continue to seek available information, and exempt those laminated products that can be 

2410 exempted consistent with the direction given in TSCA Title VI. The Panel further recommended 

2411 that EPA work with small businesses, especially those laminating on a made-to-order basis, to 

2412 design a testing scheme that is practical for those businesses, and at the same time, is calculated 

2413 to ensure compliance with the emissions standards. The Panel also recommended that EPA 

2414 consider basing the number and frequency of required quality control tests on production 

2415 volume, thereby requiring fewer tests for smaller producers. EPA has incorporated all of these 

2416 recommendations into this proposal, by proposing to exempt laminated products that are made 

2417 with certified platforms and NAF resins, and by proposing to allow for quality control testing 

2418 frequency based on production volume for hardwood plywood producers. 
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2419 f. Definitions. The Panel recommended that EPA develop a definition of “hardboard” 

2420 that takes the revised ANSI standard into account while ensuring that similar products are 

2421 similarly regulated under TSCA Title VI. While a revised ANSI standard for “hardboard” has 

2422 yet to be finalized, EPA believes that its proposed definition takes into account both widespread 

2423 industry usage of the term and the intent of the statute. 

2424 Recognizing that TSCA Title VI was not intended to apply to structural plywood, the 

2425 Panel also recommended that EPA develop a clear definition for “interior use” in order to 

2426 eliminate confusion in the regulated community. According to the Panel, the definition should 

2427 be based on the intent of the statute and consider how the hardwood plywood is likely to be used 

2428 and stored once incorporated into a finished good. EPA has proposed a definition of “intended 

2429 for interior use” that includes these considerations and requests comments on the appropriateness 

2430 of this definition. 

2431 While the SERs differed in their advice on the definition of the term “panel,” the SBAR 

2432 Panel recommended that EPA reduce uncertainty in the regulated community by including in its 

2433 regulation a clear definition of “panel” that is based on the intent of the statute, and considers 

2434 trade usage and the limitations of current test methods. Again, EPA is proposing a definition that 

2435 takes these factors into account, and EPA requests comment on all aspects of the proposed 

2436 definition. 

2437 10. Alternatives considered. EPA’s Economic Analysis for the proposed rule (Ref. 39) 

2438 examined a number of alternative analytical options. Among the alternatives based on the 

2439 formaldehyde emissions standards set in Title VI of TSCA, EPA analyzed different options for 

2440 how laminated products might be included in the definition of hardwood plywood, and for the 

2441 rule’s chain of custody and recordkeeping requirements. These alternatives would have applied 
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2442 to both small and large entities, but given the number of small entities in the affected industries, 

2443 these alternatives would largely affect small entities. 

2444 EPA is proposing the option with the lowest total cost among these options. This will 

2445 minimize any significant economic impact on small entities. The Economic Analysis included 

2446 two options for the definition of hardwood plywood that had higher total costs than the proposed 

2447 rule (because they did not include the proposed rule’s reduced recordkeeping requirements for 

2448 firms that are not manufacturers under TSCA) but that were less burdensome to certain 

2449 laminated product producers. Specifically, one of the alternative options would have excluded 

2450 all laminated products from the definition of hardwood plywood, and the second would have 

2451 excluded all laminated products other than architectural panels and custom plywood from the 

2452 definition of hardwood plywood. Both alternative options would apply regardless of the types of 

2453 resins used in making the laminated products exempted from the definition of hardwood 

2454 plywood. 

2455 Because eligibility for the exemptions for laminated products in the alternative options 

2456 was not based on the type of resins used to attach a wood veneer to a platform, currently 

2457 available information indicates that these options would have allowed laminated products that 

2458 exceed the formaldehyde emission standards to be exempted from the definition of hardwood 

2459 plywood. Therefore, EPA has concluded that such alternative options are not consistent with 

2460 TSCA Title VI’s statutory mandate that EPA promulgate regulations in a manner that ensures 

2461 compliance with the emission standards in TSCA section 601(b)(2). 

2462 EPA invites comments on all aspects of the proposal and its impacts on small entities. 

2463 D. Unfunded Mandates Reform Act (UMRA) 

2464 Title II of UMRA, 2 U.S.C. 1531-1538, establishes requirements for Federal agencies to 
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2465 assess the effects of their regulatory actions on State, local, and tribal governments and the 

2466 private sector. This rule contains a Federal mandate that may result in expenditures exceeding 

2467 the inflation-adjusted UMRA threshold of $100 million or more for State, local, and tribal 

2468 governments, in the aggregate, or the private sector in any one year. Accordingly, EPA has 

2469 prepared under section 202 of the UMRA a written statement which is summarized below (Ref. 

2470 45). 

2471 1. Authorizing legislation. This proposed rule is issued under the authority of Section 601 

2472 of TSCA, 15 U.S.C. 2697. 

2473 2. Cost-benefit analysis. EPA has prepared an analysis of the costs and benefits 

2474 associated with this rulemaking, a copy of which is available in the docket for this rulemaking 

2475 (Ref. 39). The Economic Analysis presents the costs of the rule as well as various regulatory 

2476 options and is summarized in Unit V.A. of this preamble. EPA has estimated that this proposal 

2477 will result in a total cost of $435 million to $447 million in the first year. The cost is estimated 

2478 to drop to $57 million to $66 million in the second year. The total annualized cost of this 

2479 proposal is $72 million to $81 million per year when using a 3% discount rate and $81 million to 

2480 $89 million per year using a 7% discount rate. When adjusted for inflation, the $100 million 

2481 UMRA threshold is equivalent to approximately $143 million in 2010 dollars. Thus, the cost of 

2482 the rule to the private sector and State, local, and Tribal governments in the aggregate exceeds 

2483 the inflation-adjusted UMRA threshold in the first year. 

2484 This proposed rule will reduce exposures to formaldehyde, resulting in benefits from 

2485 avoided adverse health effects. For the subset of health effects where the results were quantified, 

2486 the estimated annualized benefits (due to avoided incidence of asthma, eye irritation, 

2487 nasopharyngeal cancer, and reduced female fertility) are $184 million to $278 million per year 
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2488 using a 3% discount rate, and $91 million to $137 million per year using a 7% discount rate. 

2489 There are additional unquantified benefits due to other avoided health effects (upper respiratory 

2490 tract pathology, pulmonary function, allergic sensitization, immune function effects, neurological 

2491 and behavioral toxicity, and developmental toxicity). 

2492 Net benefits are the difference between benefits and costs. The proposal is estimated to 

2493 result in net benefits of $103 million to $206 million per year using a 3% discount rate, and $2 

2494 million to $57 million per year using a 7% discount rate. 

2495 3. State, local, and Tribal government input. Consistent with the intergovernmental 

2496 consultation provisions of section 204 of the UMRA EPA has initiated consultations with 

2497 governmental entities affected by this rule. EPA has met with officials from the state of 

2498 California on numerous occasions to discuss aspects of the CARB ATCM and its 

2499 implementation. With the assistance of the National Conference of State Legislatures, EPA has 

2500 also initiated consultations with state environmental health directors. 

2501 4. Least burdensome option. Consistent with section 205, EPA has identified and 

2502 considered a reasonable number of regulatory alternatives. TSCA Title VI establishes specific 

2503 formaldehyde emission standards for hardwood plywood, particleboard, and medium-density 

2504 fiberboard and does not provide EPA with the authority to modify these standards. The statute 

2505 further directs EPA to promulgate implementing regulations that address elements such as 

2506 laminated products, products made with no-added formaldehyde resins, testing requirements, 

2507 product labeling, chain of custody documentation and other recordkeeping requirements, and 

2508 product inventory sell-through provisions. Section 601(d) of TSCA requires EPA to promulgate 

2509 implementing regulations in a manner that ensures compliance with the TSCA Title VI emission 

2510 standards. Within those constraints, EPA has considered a number of regulatory alternatives for 
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2511 regulating laminated products, as described in Unit III and elsewhere in this Unit, as well as in 

2512 the Economic Analysis (Ref. 39). EPA has determined that the proposed rule is the least 

2513 burdensome option that is consistent with TSCA Title VI’s statutory mandate that EPA 

2514 promulgate regulations in a manner that ensures compliance with the emission standards in 

2515 TSCA section 601(b)(2). 

2516 This rule does not contain a significant Federal intergovernmental mandate as described 

2517 by § 203 of UMRA, because it neither imposes enforceable duties on State, local, or tribal 

2518 governments nor reduces an authorized amount of Federal financial assistance provided to State, 

2519 local, or tribal governments. And this proposed rule contains no regulatory requirements that 

2520 might significantly or uniquely affect small governments. The proposed rule would regulate 

2521 entities that manufacture (including import), fabricate, distribute, or sell composite wood 

2522 products. Governments do not typically engage in these activities, so government entities are not 

2523 expected to be subject to the rule’s requirements. 

2524 E. Executive Order 13132: Federalism 

2525 This action does not have federalism implications because it will not have substantial 

2526 direct effects on the States, on the relationship between the national government and the States, 

2527 or on the distribution of power and responsibilities among the various levels of government, as 

2528 specified in Executive Order 13132 (64 FR 43255, August 10, 1999). The proposed rule would 

2529 not regulate governments directly, it would regulate entities that manufacture (including import), 

2530 fabricate, distribute, or sell composite wood products. Governments do not typically engage in 

2531 these activities. Thus, Executive Order 13132 does not apply to this action. 

2532 In the spirit of Executive Order 13132, and consistent with EPA policy to promote 

2533 communications between EPA and State and local governments, EPA has met with officials 
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2534 from the state of California on numerous occasions to discuss aspects of the CARB ATCM and 

2535 its implementation. With the assistance of the National Conference of State Legislatures, EPA 

2536 has also initiated consultations with state environmental health directors. EPA specifically 

2537 solicits comment on this proposed action from State and local officials. 

2538 F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments 

2539 This action does not have tribal implications, as specified in Executive Order 13175 (65 

2540 FR 67249, November 9, 2000). The proposed rule would not regulate tribal governments 

2541 directly, it would regulate entities that manufacture (including import), fabricate, distribute, or 

2542 sell composite wood products. Tribal governments do not typically engage in these activities. 

2543 Thus, Executive Order 13175 does not apply to this action. 

2544 EPA specifically solicits additional comment on this proposed action from tribal officials. 

2545 G. Executive Order 13045: Protection of Children from Environmental Health Risks and Safety 

2546 Risks 

2547 This action is subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it 

2548 is an economically significant regulatory action as defined by Executive Order 12866, and EPA 

2549 believes that the environmental health or safety risk addressed by this action has a 

2550 disproportionate effect on children. Accordingly, EPA has evaluated the environmental health 

2551 effects of formaldehyde emissions from composite wood products on children. The results of this 

2552 evaluation are described in the Economic Analysis (Ref. 39). The analysis shows that children 

2553 aged two through fifteen represent 19 percent of the individuals affected by the rule and are 

2554 estimated to accrue about 75 percent of the proposed rule’s total benefits. These results are 

2555 driven by the benefits associated with avoiding asthma incidence. Given these results, EPA has 

2556 determined that this proposed rule will not have disproportionally high and adverse human health 
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2557 or environmental effects on children. These proposed standards would reduce emissions of 

2558 formaldehyde from composite wood products for individuals of all ages that are exposed and 

2559 children are likely to accrue higher benefits from the exposure reductions compared to adults. 

2560 The public is invited to submit comments or identify peer-reviewed studies and data that 

2561 assess effects of early life exposure to formaldehyde. 

2562 H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy 

2563 Supply, Distribution, or Use 

2564 This proposed rule is not a ”significant energy action” as defined in Executive Order 

2565 13211 (66 FR 28355, May 22, 2001), because it is not likely to have any adverse effect on the 

2566 supply, distribution, or use of energy. 

2567 I. National Technology Transfer and Advancement Act (NTTAA)

2568 Section 12(d) of NTTAA, 15 U.S.C. 272 note, directs EPA to use voluntary consensus 

2569 standards in its regulatory activities unless to do so would be inconsistent with applicable law or 

2570 otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials 

2571 specifications, test methods, sampling procedures, and business practices) that are developed or 

2572 adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, 

2573 through OMB, explanations when the Agency decides not to use available and applicable 

2574 voluntary consensus standards. 

2575 This proposed rulemaking involves numerous technical standards, many of which EPA is 

2576 directed to use by TSCA Title VI. Technical standards identified in the statute include the two 

2577 quarterly test methods, ASTM E-1333-96 and ASTM D-6007-02, a quality control test method, 

2578 ASTM D-5582-00, and various standards that define specific composite wood products, such as 

2579 ASTM D-5456-06 (Structural Composite Lumber Products), ASTM D-5055-05 (Prefabricated 
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2580 Wood I-Joists), ANSI A190.1 (Structural Glued Laminated Timber), ANSI/HPVA HP–1–2009 

2581 (Hardwood and Decorative Plywood), ANSI A208.2–2 2009 (Medium Density Fiberboard), 

2582 ANSI A208.1–2009 (Particleboard), PS-1-07 (Structural Plywood), and PS-2-04 (Wood-Based 

2583 Structural-Use Panels). 

2584 In addition, EPA has identified other voluntary consensus standards that EPA is 

2585 proposing to incorporate into this regulation. These include the revised quarterly test method, 

2586 ASTM E-1333-10, and standards that define hardboard, ANSI A135.4, ANSI A135.5, and ANSI 

2587 A135.6. EPA is also proposing to allow three alternative quality control test methods that are 

2588 incorporated in voluntary consensus standards, EN 717-2 (gas analysis), EN 120 (perforator), 

2589 and JIS A 1460 (24-hour desiccator). 

2590 EPA is proposing the use of voluntary consensus standards issued by the International 

2591 Organization for Standardization, ASTM International, the American National Standards 

2592 Institute, the National Institute of Standards and Technology, the European Committee for 

2593 Standardization, Georgia Pacific Chemicals LLC, and the Japanese Standards Association. 

2594 Copies of the standards referenced in the proposed regulatory text at 40 CFR 770.1, 770.3, 

2595 770.10, 770.15, 770.17, 770.20, and 770.60 have been placed in the docket for this proposed 

2596 rule. You may also obtain copies of these standards from: 

2597 (1) International Organization for Standardization, Case postale 56, CH·1211, Geneve 20, 

2598 Switzerland, telephone +41–22–749–01–11, http://www.iso.org. 

2599 (2) ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, 

2600 PA, 19428-2959 USA, telephone (877) 909-ASTM, http://www.astm.org. 

(3) ANSI, American National Standards Institute, 1899 L Street, NW, 11th 2601 Floor, 

2602 Washington, DC 200036, telephone (202) 293-9287, http://ansi.org/. 
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2603 (4) National Institute of Standards and Technology, Technology Administration, U.S. 

2604 Department of Commerce, 100 Bureau Drive, MS 2150, Gaithersburg, MD 20899-2150; 

2605 http://ts.nist.gov/docvps. 

2606 (5) CEN, European Committee for Standardization, CEN-CENELEC Management 

Centre, 4th 2607 Floor, Avenue Marnix 17, B-1000 Brussels, telephone +32-3-550-08-11, 

2608 http://www.cen.eu/cen/pages/default.aspx. 

2609 (6) Georgia-Pacific Chemicals LLC, 133 Peachtree Street, Atlanta, GA 30303, telephone 

2610 (877) 377-2737, http://www.gp-dmc.com/default.aspx. 

2611 (7) Japanese Standards Association, Japanese Industrial Standards, 1-24, Akasaka 4, 

2612 Minatoku, Tokyo 107-8440, Japan, telephone +81-3-3583-8000, http://www.jsa.or.jp/. 

2613 In the final rule, EPA intends to seek approval from the Director of the Federal Register for the 

2614 incorporation by reference of the standards referenced in the final rule in accordance with 5 

2615 U.S.C. 552(a) and 1 CFR part 51. 

2616 EPA welcomes comments on this aspect of the proposed rulemaking and specifically 

2617 invites the public to identify additional potentially-applicable voluntary consensus standards and 

2618 to explain why such standards should be used in this regulation. 

2619 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority 

2620 Populations and Low-Income Populations 

2621 Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive 

2622 policy on environmental justice. Its main provision directs federal agencies, to the greatest 

2623 extent practicable and permitted by law, to make environmental justice part of their mission by 

2624 identifying and addressing, as appropriate, disproportionately high and adverse human health or 

2625 environmental effects of their programs, policies, and activities on minority populations and low-
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2626 income populations in the United States. 

2627 EPA has determined that this proposed rule will not have disproportionally high and 

2628 adverse human health or environmental effects on any population, including any minority or 

2629 low-income population. These proposed standards would reduce emissions of formaldehyde 

2630 from composite wood products for all populations that are exposed, with slightly larger benefits 

2631 for individuals from minority or low-income affected populations. 

2632 This proposed rule establishes standards that reduce emissions of formaldehyde from 

2633 composite wood products. Formaldehyde exposure may cause a range of health effects including 

2634 nasopharyngeal cancer, sensory irritation, asthma, and female reproductive toxicity. 

2635 The Economic Analysis (Ref. 39), described in Unit V.A, monetizes the benefits from 

2636 reducing each of these four identified health impacts, and estimates total benefits as the sum of 

2637 these four categories. Benefits valuation is done for formaldehyde exposure in five climate 

2638 zones from nine different housing types (five types of new housing and four types of renovated 

2639 housing), allowing for off-gassing of up to ten years, as well as occupational, school, and outside 

2640 formaldehyde exposure. The population in these climate zones and housing types is broken 

2641 down into broad age and employment categories to assess exposure. 

2642 The Economic Analysis (Ref. 39) includes an environmental justice analysis that expands 

2643 on the primary benefits analysis by analyzing the monetized impacts specifically for minority 

2644 and low-income populations. Results indicate that disaggregation of total benefits by population 

2645 groups leads to variation in the range of individual benefits, by minority population. Benefits 

2646 estimates are reported in 2010 dollars, annualized at a 3% rate. The population of all individuals 

2647 affected by the rule shows the same estimates reported in the total benefits analysis; annualized 

2648 benefits ranging from $184 million to $278 million for the options with emissions standards that 
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2649 are consistent with the statute, and $1.74 to $2.62 per individual. The affected Non-Hispanic 

2650 White population account for 65% of the total affected population, accrue 54% of the total 

2651 annualized benefits, and experience average annualized benefits ranging from $1.43 to $2.16 per 

2652 individual. In comparison, benefits for minority populations are higher. Minority populations 

2653 represent about 35% of the individuals affected by the rule and are estimated to accrue about 

2654 45% of the proposed rule’s total benefits. The affected Non-Hispanic Black population account 

2655 for 12% of the total affected population, accrue 15% to 16% of the total annualized benefits, and 

2656 experience average annualized benefits ranging from $2.32 to $3.35 per individual. The affected 

2657 Hispanic population account for 15% of the total affected population, accrue 22% of the total 

2658 annualized benefits, and experience average annualized benefits ranging from $2.47 to $3.78 per 

2659 individual. The affected Non-Hispanic Native American or Alaskan Indian population account 

2660 for 0.6% of the total affected population, accrue 0.7% of the total annualized benefits, and 

2661 experience average annualized benefits ranging from $1.92 to $2.80 per individual. The affected 

2662 low-income population account for 12% of the total affected population, accrue 18% of the total 

2663 annualized benefits, and experience average annualized benefits ranging from $2.49 to $3.82 per 

2664 individual. 

2665 To further improve the analysis for the final rule, the public is invited to submit 

2666 comments or identify peer-reviewed studies and data that assess the exposures of minority or 

2667 low-income populations to formaldehyde emissions from composite wood products, and the 

2668 health effects of those exposures. 

2669 List of Subjects in 40 CFR Part 770 

2670 Environmental protection, Formaldehyde, Reporting and recordkeeping requirements, 

2671 Toxic substances, Wood. 
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2672 

2673 Dated: ____________________ 

2674 

2675 __________________________________________ 

2676 Administrator 

2677 
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2678 Therefore, 40 CFR part 770 as proposed on [insert date of TPC proposal] (76 FR ?????), 

2679 is amended to read as follows 

2680 1. The authority citation for part 770 continues to read as follows: 

2681 Authority: 15 U.S.C. 2697(d). 

2682 2. Section 770.1 is amended by adding paragraphs (b) through (e) to read as follows. 

2683 § 770.1 Scope and applicability. 

2684 * * * * * 

2685 (b) This subpart applies to any hardwood plywood, particleboard, or medium-density 

2686 fiberboard, or finished goods containing these materials, that are sold, supplied, offered for sale, 

2687 or manufactured (including imported) in the United States. 

2688 (c) This subpart does not apply to the following: 

2689 (1) Any finished good that has previously been sold or supplied to an individual or entity 

2690 that purchased or acquired the finished good in good faith for purposes other than resale, e.g., an 

2691 antique or secondhand furniture. 

2692 (2) Hardboard, unless the hardboard is used as a core for hardwood plywood. 

2693 (3) Structural plywood, as specified in PS-1-07, Voluntary Product Standard—Structural 

2694 Plywood. 

2695 (4) Structural panels, as specified in PS-2-04, Voluntary Product Standard—Performance 

2696 Standard for Wood-Based Structural-Use Panels. 

2697 (5) Structural composite lumber, as specified in ASTM D5456-06, Standard Specification 

2698 for Evaluation of Structural Composite Lumber Products. 

2699 (6) Oriented strand board. 
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2700 (7) Glued laminated lumber, as specified in ANSI A190.1-2002, Structural Glued 

2701 Laminated Timber. 

2702 (8) Prefabricated wood I-joists, as specified in ASTM D5055-05, Standard Specification 

2703 for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists. 

2704 (9) Finger-jointed lumber. 

2705 (10) Wood packaging, including pallets, crates, spools, and dunnage. 

2706 (11) Composite wood products used inside the following: 

2707 (i) New vehicles (other than recreational vehicles) that are constructed entirely from new 

2708 parts and that have never been the subject of a retail sale or registered with the applicable State 

2709 or other governmental agency. 

2710 (ii) New rail cars. 

2711 (iii) New boats. 

2712 (iv) New aerospace craft. 

2713 (v) New aircraft. 

2714 (d) The emission standards in § 770.10 do not apply to windows that contain composite 

2715 wood products, if the windows contain less than 5% by volume of hardwood plywood, 

2716 particleboard, or medium-density fiberboard, combined, in relation to the total volume of the 

2717 finished window. 

2718 (e) The emission standards in § 770.10 do not apply to exterior doors and garage doors 

2719 that contain composite wood products, if: 

2720 (1) The doors are made from composite wood products manufactured with no-added 

2721 formaldehyde-based resins or ultra low-emitting formaldehyde resins; or 
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2722 (2) The doors contain less than 3% by volume of hardwood plywood, particleboard, or 

2723 medium-density fiberboard, combined, in relation to the total volume of the finished exterior 

2724 door or garage door. 

2725 3. Section 770.2 is amended by adding paragraphs (d) and (e) to read as follows: 

2726 § 770.2 Effective dates. 

2727 * * * * *

2728 (d) After [date 1 year after publication of the final rule in the Federal Register], all 

2729 hardwood plywood, particleboard, and medium-density fiberboard, and finished goods 

2730 containing these materials, sold, supplied, offered for sale, or manufactured (including imported) 

2731 in the United States must comply with this subpart. Except: Hardwood plywood, particleboard, 

2732 and medium-density fiberboard manufactured (including imported) before [date 1 year after 

2733 publication of the final regulations in the Federal Register] may be sold, supplied, offered for 

2734 sale, or used to fabricate component parts or finished goods at any time. 

2735 (e) After [date 1 year after publication of the final rule in the Federal Register], all 

2736 manufacturers (including importers), fabricators, suppliers, distributors, and retailers of 

2737 hardwood plywood, particleboard, and medium-density fiberboard, and finished goods 

2738 containing these materials, must comply with this subpart. 

2739 4. Section 770.3 is amended by revising the definition for “Panel producer” and 

2740 alphabetically adding the following definitions to read as follows: 

2741 § 770.3 Definitions. 

2742 * * * * * 

2743 Article means a manufactured item which: 

2744 (i) Is formed to a specific shape or design during manufacture. 
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2745 (ii) Has end use functions dependent in whole or in part upon its shape or design during 

2746 the end use. 

2747 (iii) Has either no change of chemical composition during its end use or only those 

2748 changes of composition which have no commercial purpose separate from that of the article and 

2749 that may occur as described in 19 CFR 12.120(a)(2); except that fluids and particles are not 

2750 considered articles regardless of shape or design. 

2751 Bundle means more than one composite wood product panel, component part, or finished 

2752 good fastened together for transportation or sale. 

2753 Component part means a part that contains one or more composite wood products and is 

2754 used in the assembly of finished goods. 

2755 * * * * *

2756 Distributor means an entity that supplies composite wood products, component parts, or 

2757 finished goods to others. 

2758 * * * * * 

2759 Fabricator means an entity that incorporates composite wood products into component 

2760 parts or into finished goods. 

2761 Finished good means any good or product, other than a panel, that contains hardwood 

2762 plywood, particleboard, or medium-density fiberboard and that is not a component part or other 

2763 part used in the assembly of a finished good. 

2764 Hardboard means a panel composed of cellulosic fibers made by dry or wet forming and 

2765 hot pressing of a fiber mat, either without resins, or with a phenolic resin (e.g., a phenol2766 formaldehyde resin), or a resin system in which there is no-added formaldehyde as part of the 

2767 resin cross-linking structure, as determined under one of the following ANSI standards: ANSI 
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2768 A135.4 (Basic Hardboard), ANSI A135.5 (Prefinished Hardboard Paneling), or ANSI A135.6 

2769 (Hardboard Siding). 

2770 Hardwood plywood means a hardwood or decorative panel that is intended for interior 

2771 use and composed of (as determined under ANSI/HPVA HP–1–2009) an assembly of layers or 

2772 plies of veneer, joined by an adhesive with a lumber core, a particleboard core, a medium-density 

2773 fiberboard core, a hardboard core, a veneer core, or any other special core or special back 

2774 material. Hardwood plywood does not include military-specified plywood, curved plywood, or 

2775 any plywood specified in PS-1-07, Voluntary Product Standard – Structural Plywood, or PS-2-

2776 04, Voluntary Product Standard – Performance Standard for Wood-Based Structural-Use Panels. 

2777 In addition, hardwood plywood does not include laminated products that are made by attaching a 

2778 wood or woody grass veneer with a no-added formaldehyde-based resin to a core that has been 

2779 manufactured in compliance with this subpart and that is either certified in accordance with 

2780 § 770.60 or manufactured with no-added formaldehyde-based resins under § 770.17. 

2781 Importer means an entity that imports composite wood products, component parts that 

2782 contain composite wood products, or finished goods that contain composite wood products into 

2783 the customs territory of the United States (as defined in general note 2 of the Harmonized Tariff 

2784 Schedules of the United States). Importer includes: 

2785 (1) The entity primarily liable for the payment of any duties on the products, or 

2786 (2) An authorized agent acting on the entity’s behalf. 

2787 Intended for interior use means intended for use or storage inside a building or 

2788 recreational vehicle, or constructed in such a way that it is not suitable for long term use in a 

2789 location exposed to the elements. 

2790 
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2791 * * * * *

2792 Laminated product means a product in which a wood or woody grass veneer is affixed to 

2793 a particleboard platform, a medium-density fiberboard platform, or a veneer core platform. A 

2794 laminated product is a component part used in the construction or assembly of a finished good. 

2795 Laminated product producer means a manufacturing plant or other facility that 

2796 manufactures (excluding imports) laminated products on the premises. 

2797 Lot means the particular batch of a product type made during a single production run. 

2798 Medium-density fiberboard means a panel composed of cellulosic fibers made by dry 

2799 forming and pressing a resinated fiber mat (as determined under ANSI A208.2–2009). 

2800 No-added formaldehyde-based resin means a resin formulated with no added 

2801 formaldehyde as part of the resin cross-linking structure in a composite wood product that meets 

2802 the emission standards in § 770.17(c). 

2803 Non-complying lot means any lot or batch of composite wood product represented by a 

2804 quarterly or quality control test value that exceeds the applicable standard for the particular 

2805 composite wood product. In the case of a quarterly test value, only the particular lot or batch 

2806 from which the sample was taken would be considered a non-complying lot. However, future 

2807 production of the product type(s) represented by a failed quarterly test are not considered 

2808 certified and must be treated as a non-complying lot until the product type(s) are re-qualified 

2809 through a successful quarterly test. 

2810 Panel means a flat or raised piece of composite wood product. 

2811 Panel producer means a manufacturing plant or other facility that manufactures 

2812 (excluding imports) composite wood products on the premises. This includes laminated products 

2813 not excluded from the definition of hardwood plywood. 
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2814 Particleboard means a panel composed of cellulosic material in the form of discrete 

2815 particles (as distinguished from fibers, flakes, or strands) that are pressed together with resin (as 

2816 determined under ANSI A208.1–2009). Particleboard does not include any product specified in 

2817 PS-2-04, Performance Standard for Wood-Based Structural-Use Panels. 

2818 * * * * *

2819 Product type means a type of composite wood product that differs from another, made by 

2820 the same panel producer, based on wood type, composition, thickness, number of plies (if 

2821 hardwood plywood), or resin used. Products with similar emissions made with the same resin 

2822 system may be considered to be the same product type. Factors to consider in determining 

2823 whether products belong to the same product type include those factors likely to affect 

2824 emissions, such as wood type, resin type, core type, veneer type, and press time. 

2825 Production line means a set of operations and physical industrial or mechanical 

2826 equipment used to produce a composite wood product. 

2827 Purchaser means an entity that acquires composite wood products in exchange for money 

2828 or its equivalent. 

2829 Quality control limit means the quality control method test formaldehyde value that is the 

2830 correlative equivalent to the applicable emission standard based on the ASTM E1333-10 method. 

2831 Recreational vehicle means a vehicle which is: 

2832 (1) Built on a single chassis. 

2833 (2) Four hundred square feet or less when measured at the largest horizontal projections. 

2834 (3) Self-propelled or permanently towable by a light duty truck. 

2835 (4) Designed primarily not for use as a permanent dwelling but as temporary living 

2836 quarters for recreational, camping, travel, or seasonal use. 
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2837 Retailer means an entity that generally sells smaller quantities of composite wood 

2838 products directly to consumers. 

2839 Scavenger means a chemical or chemicals that can be applied to resins or composite 

2840 wood products to reduce the amount of formaldehyde that can be emitted from composite wood 

2841 products. 

2842 Stockpiling means manufacturing or purchasing composite wood products, whether in the 

2843 form of panels or incorporated into finished goods, between July 7, 2010 and [date 180 days 

2844 after publication of the final rule in the Federal Register] at an average rate at least 10% greater 

2845 than the average rate of manufacture or purchase during the 2009 calendar year for the purpose 

2846 of circumventing the emission standards and other requirements of this subpart. 

2847 Thin medium-density fiberboard means medium-density fiberboard that has a thickness 

2848 less than or equal to 8 millimeters or 0.315 inches. 

2849 * * * * * 

2850 Veneer means a thin sheet of wood or woody grass that is rotary cut, sliced, or sawed 

2851 from a log, bolt, flitch, block, or culm. 

2852 Woody grass means a plant of the family Poaceae (formerly Gramineae) with hard 

2853 lignified tissues or woody parts. 

2854 5. Subpart C is added to read as follows: 

2855 Subpart C--Composite Wood Products 

2856 Sec. 

2857 770.10 Formaldehyde emission standards. 

2858 

2859 770.12 Stockpiling. 

2860 770.15 Composite wood product certification. 

2861 770.17 No-added formaldehyde-based resins. 
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2862 770.20 Testing requirements. 

2863 770.22 Non-complying lots. 

2864 770.24 Samples for testing. 

2865 770.30 Importers, fabricators, laminated product producers, distributors, and retailers. 

2866 770.40 Reporting and recordkeeping. 

2867 770.45 Labeling. 

2868 770.55 Prohibited acts. 

2869 Subpart C--Composite Wood Products 

2870 § 770.10 Formaldehyde emission standards. 

2871 (a) Except as provided in §§ 770.1 and in 770.17, the emission standards in this section 

2872 apply to composite wood products sold, supplied, offered for sale, or manufactured (including 

2873 imported) in the United States. These emission standards apply regardless of whether the 

2874 composite wood product is in the form of a panel, a component part, or incorporated into a 

2875 finished good. 

2876 (b) The emission standards are based on test method ASTM E1333-10, and are as 

2877 follows: 

2878 (1) For hardwood plywood, 0.05 parts per million (ppm) of formaldehyde. 

2879 (2) For medium-density fiberboard, 0.11 ppm of formaldehyde. 

2880 (3) For thin medium-density fiberboard, 0.13 ppm of formaldehyde. 

2881 (4) For particleboard, 0.09 ppm of formaldehyde. 

2882 § 770.12 Stockpiling. 

2883 (a) The sale of stockpiled inventory of composite wood products, whether in the form of 

2884 panels or incorporated into finished goods, is prohibited after [date 1 year after publication of the

2885 final rule in the Federal Register]. 
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2886 (b) To determine whether stockpiling has occurred, the rate of manufacture or purchase is 

2887 measured as follows: 

2888 (1) For composite wood products in the form of panels, the rate is measured in terms of 

2889 square footage of panels produced. 

2890 (2) For composite wood products incorporated into component parts or finished goods, 

2891 the rate is measured in terms of the square footage of composite wood product panels purchased 

2892 for the purpose of incorporating them into component parts or finished goods. 

2893 (c) Manufacturers or purchasers who can demonstrate that they have a greater than 10% 

2894 increase in manufacturing or purchasing composite wood products for some reason other than 

2895 circumventing the emissions standards would not be in violation of this section. Such reasons 

2896 may include, but are not limited to: 

2897 (1) A quantifiable immediate increase in customer demand or sales. 

2898 (2) A documented and planned business expansion. 

2899 (3) The manufacturer or purchaser was not in business at the beginning of calendar year 

2900 2009. 

2901 (4) An increase in production to meet increased demand resulting from an emergency 

2902 event or natural disaster. 

2903 § 770.15 Composite wood product certification. 

2904 (a) Only certified composite wood products, whether in the form of panels or 

2905 incorporated into component parts or finished goods, are permitted to be sold, supplied, offered 

2906 for sale, or manufactured (including imported) in the United States, unless the product is 

2907 specifically exempted by this subpart. 
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2908 (b) Certified composite wood products are those that are produced or fabricated in 

2909 accordance with all of the provisions of this subpart. 

2910 (c) To obtain product certification, a panel producer must apply to a TSCA Title VI 

2911 Accredited TPC. The application must contain the following: 

2912 (1) The panel producer’s name, address, telephone number, and other contact 

2913 information. 

2914 (2) A copy of the panel producer’s quality control manual as required by § 770.20(e)(1). 

2915 (3) Name and contact information for the panel producer’s quality control manager. 

2916 (4) An identification of the specific products for which certification is requested, and the 

2917 chemical formulation of the resins, including base resins, catalysts, and other additives used in 

2918 panel production. 

2919 (5) At least one test conducted in accordance with § 770.20(c). 

2920 (6) Three months of routine quality control tests conducted in accordance with 

2921 § 770.20(b). 

2922 (d) The TSCA Title VI Accredited TPC must act on a panel producer’s complete 

2923 application within 90 days of receipt. 

2924 (1) If the application demonstrates that the candidate product achieves the applicable 

2925 emission standards described in § 770.10, the TSCA Title VI Accredited TPC will approve the 

2926 application. 

2927 (2) If the application does not demonstrate that the candidate product achieves the 

2928 applicable emission standards described in § 770.10, the TSCA Title VI Accredited TPC will 

2929 disapprove the application. A new application may be submitted for the candidate product at any 

2930 time. 
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2931 (e) If a panel producer fails a quarterly test, certification for any product types 

2932 represented by the sample is suspended until a compliant quarterly test result is obtained. 

2933 § 770.17 No-added formaldehyde-based resins. 

2934 (a) Producers of composite wood product panels made with no-added formaldehyde2935 based resins may apply to a TSCA Title VI Accredited TPC for a 2-year exemption from the 

2936 testing and certification requirements in § 770.20. A copy of the application must be sent to 

2937 EPA. The application must contain the following: 

2938 (1) The panel producer’s name, address, telephone number, and other contact 

2939 information. 

2940 (2) An identification of the specific product and the chemical formulation of the resins, 

2941 including base resins, catalysts, and other additives as used in manufacturing. 

2942 (3) At least one test conducted under the supervision of a TSCA Title VI Accredited TPC 

2943 pursuant to test method ASTM E1333-10 or ASTM D6007-02. Test results obtained by ASTM 

2944 D6007-02 must include a showing of equivalence in accordance with § 770.20(d)(1). 

2945 (4) Three months of routine quality control tests under § 770.20, including a showing of 

2946 equivalence in accordance with § 770.20(d)(2). 

2947 (b) The TSCA Title VI Accredited TPC will approve a panel producer’s application 

2948 within 90 days of receipt if the application is complete and demonstrates that the candidate 

2949 product achieves the emission standards described in paragraph (c) of this section. 

2950 (c) As measured according to paragraphs (a)(3) and (a)(4) of this section, the emission 

2951 standards for composite wood products made with no-added formaldehyde-based resins are as 

2952 follows: 
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2953 (1) No test result higher than 0.05 parts per million (ppm) of formaldehyde for hardwood 

2954 plywood and 0.06 ppm for particleboard, medium-density fiberboard, and thin medium-density 

2955 fiberboard. 

2956 (2) No higher than 0.04 ppm of formaldehyde for 90% of the 3 months of routine quality 

2957 control testing data required under paragraph (a)(4) of this section. 

2958 (d) After the initial 2-year period, and every 2 years thereafter, in order to continue to 

2959 qualify for the exemption from the testing and certification requirements, the panel producer 

2960 must reapply to a TSCA Title VI Accredited TPC and obtain at least one test result in accordance 

2961 with paragraph (a)(3) of this section that complies with the emission standards in paragraph 

2962 (c)(1) of this section. 

2963 (e) Any change in the resin formulation, the core material, or any other part of the 

2964 manufacturing process that may affect formaldehyde emission rates invalidates the exemption 

2965 for any product produced after such a change. 

2966 § 770.20 Testing requirements. 

2967 (a) General requirements--(1) All panels must be tested in an unfinished condition, prior 

2968 to the application of a finishing or topcoat. 

2969 (2) Facilities that conduct the formaldehyde testing required by this section must follow 

2970 the procedures and specifications, such as testing conditions and loading ratios, of the test 

2971 method being used. 

2972 (3) All equipment used in the formaldehyde testing required by this section must be 

2973 calibrated and otherwise maintained and used in accordance with the equipment manufacturer’s 

2974 instructions. 
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2975 (b) Quality control testing--(1) Allowable methods. Quality control testing may be 

2976 performed using any of the following methods, with a showing of equivalence for each method 

2977 pursuant to paragraph (d) of this section: 

2978 (i) ASTM D6007-02. 

2979 (ii) ASTM D5582. 

2980 (iii) EN 717-2 (Gas Analysis Method). 

2981 (iv) DMC (Dynamic Micro Chamber). 

2982 (v) EN 120 (Perforator Method). 

2983 (vi) JIS A 1460 (24-hr Dessicator Method). 

2984 (2) Frequency of testing--(i) Particleboard and medium-density fiberboard must be tested 

2985 at least once per shift (8 or 12 hours, plus or minus 1 hour of production) for each production line 

2986 for each product type. Quality control tests must also be conducted whenever: 

2987 (A) A product type production ends, even if 8 hours of production has not been reached. 

2988 (B) The resin formulation is changed so that the formaldehyde to urea ratio is increased. 

2989 (C) There is an increase by more than 10% in the amount of formaldehyde resin used, by 

2990 square foot or by panel. 

2991 (D) There is a decrease in the designated press time by more than 20%. 

2992 (E) The quality control manager or quality control employee has reason to believe that 

2993 the panel being produced may not meet the requirements of the applicable standards. 

2994 (ii) Particleboard and medium-density fiberboard panel producers are eligible for reduced 

2995 quality control testing if they demonstrate consistent operations and low variability of test values. 

2996 To qualify, panel producers must: 

2997 (A) Apply in writing to a TSCA Title VI Accredited TPC. 
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2998 (B) Maintain a 30 panel running average. 

2999 (C) If the 30 panel running average remains 2 standard deviations below the designated 

3000 quality control limit for 60 days or more, the TSCA Title VI Accredited TPC may approve a 

3001 reduction to 1 quality control test per 24-hour production period. 

3002 (D) If the 30 panel running average remains 3 standard deviations below the designated 

3003 quality control limit for 60 days or more, the TSCA Title VI Accredited TPC may approve a 

3004 reduction to 1 quality control test per 48-hour production period. 

3005 (E) The TSCA Title VI Accredited TPC will approve a request for reduced quality 

3006 control testing as long as the data submitted by the panel producer demonstrates compliance with 

3007 the criteria and the TSCA Title VI Accredited TPC does not otherwise have reason to believe 

3008 that the data are inaccurate or the panel producer’s production processes are inadequate to ensure 

3009 continued compliance with the emission standards. 

3010 (iii) Hardwood plywood must be tested as follows: 

3011 (A) At least one test per week per product type and production line if the weekly 

3012 hardwood plywood production at the panel producer is more than 100,000 but less than 200,000 

3013 square feet. 

3014 (B) At least two tests per week per product type and production line if the weekly 

3015 hardwood plywood production at the panel producer is 200,000 square feet or more, but less than 

3016 400,000 square feet. 

3017 (C) At least four times per week per product type and production line if the weekly 

3018 hardwood plywood production at the panel producer is 400,000 square feet or more. 

3019 (D) If weekly production of hardwood plywood at the panel producer is 100,000 square 

3020 feet or less, at least one test per 100,000 square feet for each product type produced; or, if less 
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3021 than 100,000 square feet of a particular product type in a single production run is produced, one 

3022 quality control test of that product type per production run or lot produced. 

3023 (3) Lots selected for sampling. All lots from which samples are selected for quality 

3024 control testing must be retained at the panel producer’s facility until the quality control test 

3025 results are received by the panel producer. 

3026 (i) Lots represented by passing quality control test results may be shipped as soon as the 

3027 test results are received by the panel producer. 

3028 (ii) Lots represented by failing quality control test results must be handled as non3029 complying lots in accordance with § 770.22 

3030 (4) Results. Any sample that exceeds the quality control limit established pursuant to 

3031 this section must be reported to the TSCA Title VI Accredited TPC in writing within 24 hours. 

3032 Any lot or batch represented by a quality control sample that exceeds the quality control limit 

3033 must be handled in accordance with § 770.22. 

3034 (c) Quarterly testing. Quarterly testing must be supervised by TSCA Title VI Accredited 

3035 TPCs and performed by laboratories accredited under § 770.60. 

3036 (1) Allowable methods. Quarterly testing must be performed using ASTM E1333-10 or, 

3037 with a showing of equivalence pursuant to paragraph (d) of this section, ASTM D6007-02. 

3038 (2) Sample selection--(i) Samples must be randomly chosen by a TSCA Title VI 

3039 Accredited TPC from a single lot or group of lots that is ready for shipment by the panel 

3040 producer. 

3041 (ii) Lots may be grouped for quarterly testing purposes. For hardwood plywood samples, 

3042 the samples must be randomly selected from products that have the highest potential to emit 

3043 formaldehyde. 
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3044 (iii) Samples must not include the top or the bottom composite wood product of a bundle. 

3045 (iv) All lots from which samples are selected for quarterly testing must be retained at the 

3046 panel producer’s facility until the quarterly test results are received by the panel producer. This 

3047 includes lots that are grouped for purposes of quarterly testing. 

3048 (A) Lots represented by passing quarterly test results may be shipped as soon as the test 

3049 results are received by the panel producer. 

3050 (B) Lots represented by failing quarterly test results must be disposed of as non3051 complying lots in accordance with § 770.22 

3052 (3) Sample handling. Samples must be dead-stacked or air-tight wrapped between the 

3053 time of sample selection and the start of test conditioning. Samples must be labeled as such, 

3054 signed by the TSCA Title VI Accredited TPC, bundled air-tight, wrapped in polyethylene, 

3055 protected by cover sheets, and promptly shipped to the laboratory testing facility. Conditioning 

3056 must begin as soon as possible, but no later than 30 days after the samples were produced. 

3057 (4) Results. Any sample that exceeds the applicable formaldehyde emission standard in 

3058 § 770.10 must be reported by the TSCA Title VI Accredited TPC to the panel producer and to 

3059 EPA in writing within 24 hours. Any lot or batch represented by a sample result that exceeds the 

3060 applicable formaldehyde emission standard must be disposed of in accordance with § 770.22. 

3061 Where lots are grouped for testing, this includes all lots in the group represented by the sample. 

3062 (d) Equivalence. Equivalence between ASTM E1333-10 and any other test method used 

3063 for quality control or quarterly testing must be demonstrated by TSCA Title VI Accredited TPCs 

3064 at least once each year or whenever there is a significant change in equipment, procedure, or the 

3065 qualifications of testing personnel. 
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3066 (1) Equivalence between ASTM E1333-10 and ASTM D6007-02. Equivalence must be 

3067 demonstrated for at least five comparison sample sets, which compare the results of the two 

3068 methods. 

3069 (i) Samples--(A) For the ASTM E1333-10 method, each comparison sample must consist 

3070 of the result of simultaneously testing panels, using the applicable loading ratios specified in the 

3071 ASTM E1333-10 method, from the same batch of panels tested by the ASTM D6007-02 method. 

3072 (B) For the ASTM D6007-02 method, each comparison sample shall consist of testing 

3073 specimens representing portions of panels tested in the ASTM E1333-10 method and matched to 

3074 their respective ASTM E1333-10 method comparison sample result. 

3075 (C) The five comparison sample sets must consist of testing a minimum of five sample 

3076 sets as measured by the ASTM E1333-10 method. 

3077 (ii) Average and standard deviation. The arithmetic mean,  ̄x, and standard deviation, S, 

3078 of the difference of all comparison sets must be calculated as follows: 

3079 

3080 Where  ̄ x = arithmetic mean; 

3081 S = standard deviation; 

3082 n = number of sets; 

3083 Di = difference between the ASTM E1333-10 and ASTM D6007-02 method values for the ith 

3084 set; and 

3085 i ranges from 1 to n. 

3086 (iii) Equivalence determination. The ASTM D6007-02 method is considered equivalent 

3087 to the ASTM E1333-10 method if the following condition is met: 
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3088 

3089 where C is equal to 0.026. 

3090 (2) Equivalence between ASTM E1333-10 and any quality control test method other than 

3091 ASTM D6007-02. Equivalence must be demonstrated by establishing an acceptable correlation 

3092 coefficient (“r” value). 

3093 (i) Correlation. The correlation must be based on a minimum sample size of five data 

3094 pairs and a simple linear regression where the dependent variable (Y-axis) is the quality control 

3095 test value and the independent variable (X-axis) is the ASTM E1333-10 test value. Either 

3096 composite wood products or formaldehyde emission reference materials can be used to establish 

3097 the correlation. 

3098 (ii) Minimum acceptable correlation coefficients (“r” values). The minimum acceptable 

3099 correlation coefficients for equivalency correlations are as follows, where “n” is equal to the 

3100 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 
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 10 or more 0.576 

3101 

3102 (iii) Variation from previous results. If data from a TSCA Title VI Accredited TPC's 

3103 quarterly test results and a panel producer's quality control test results do not fit the previously 

3104 established correlation, the TSCA Title VI Accredited TPC must establish a new correlation, and 

3105 new quality control limits. 

3106 (iv) Failed quarterly tests. If a panel producer fails two quarterly tests in a row for the 

3107 same product type, the TSCA Title VI Accredited TPC must establish a new correlation curve. 

3108 (e) Quality assurance and quality control requirements for panel producers. Panel 

3109 producers are responsible for product compliance with the applicable emission standards. 

3110 (1) Quality control manual-- (i) Each panel producer must have a written quality control 

3111 manual containing, at a minimum, the following: 

3112 (A) A description of the organizational structure of the quality control department, 

3113 including the names of the quality control manager and quality control employees. 

3114 (B) A description of the sampling procedures to be followed. 

3115 (C) A description of the method of handling samples. 

3116 (D) A description of the frequency of quality control testing. 

3117 (E) A description of the procedures used to identify changes in formaldehyde emissions 

3118 resulting from production changes (e.g., increase in the percentage of resin, increase in 

3119 formaldehyde/urea molar ratio in the resin, or decrease in press time). 

3120 (F) A description of provisions for additional testing. 

3121 (G) A description of recordkeeping procedures. 

3122 (H) The average percentage of resin and press time for each product type. 
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3123 (I) A description of product grouping, if applicable. 

3124 (J) Procedures for reduced quality control testing, if applicable. 

3125 (ii) The quality control manual must be approved by a TSCA Title VI Accredited TPC.

3126 (2) Quality control facilities. Each panel producer must designate a quality control 

3127 facility for conducting quality control formaldehyde testing. 

3128 (i) The quality control facility must be a laboratory owned and operated by the panel 

3129 producer, a TSCA Title VI Accredited TPC, or a contract laboratory. 

3130 (ii) Each quality control facility must have quality control employees with adequate 

3131 experience and/or training to conduct accurate chemical quantitative analytical tests. The quality 

3132 control manager must identify each person conducting formaldehyde quality control testing to 

3133 the TSCA Title VI Accredited TPC. 

3134 (3) Quality control manager. Each panel producer must designate a person as quality 

3135 control manager with adequate experience and/or training to be responsible for formaldehyde 

3136 emission quality control. The quality control manager must: 

3137 (i) Have the authority to take actions necessary to ensure that applicable formaldehyde 

3138 emission standards are being met on an ongoing basis. 

3139 (ii) Be identified to the TSCA Title VI Accredited TPC that will be overseeing the quality 

3140 control testing. The panel producer must notify the TSCA Title VI Accredited TPC in writing 

3141 within 10 days of any change in the identity of the quality control manager and provide the 

3142 TSCA Title VI Accredited TPC with the new quality control manager’s qualifications. 

3143 (iii) Review and approve all reports of quality control testing conducted on the 

3144 production of the panel producer. 
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3145 (iv) Ensure that the samples are collected, packaged, and shipped according to the 

3146 procedures specified in the quality control manual. 

3147 (v) Immediately inform the TSCA Title VI Accredited TPC in writing of any significant 

3148 changes in production that could affect formaldehyde emissions. 

3149 § 770.22 Non-complying lots. 

3150 (a) Non-complying lots are not certified composite wood products and they may not be 

3151 sold, supplied or offered for sale in the United States except in accordance with this section. 

3152 (b) Non-complying lots must be isolated from certified lots. 

3153 (c) Non-complying lots may be retested using the same test method if each panel is 

3154 treated with a scavenger or handled by other means of reducing formaldehyde emissions, such as 

3155 aging. Tests must be performed as follows: 

3156 (1) At least three test panels must be selected from three separate bundles. They must be 

3157 selected so that they are representative of the entire lot. Test samples must not be selected from 

3158 the top or bottom panels of a bundle. 

3159 (2) The average of all samples must test at or below the applicable emission standards in 

3160 § 770.10. 

3161 (d) Information on the disposition of non-complying lots, including product type and 

3162 amount of composite wood products affected, lot or batch numbers, mitigation measures used, 

3163 results of retesting, and final disposition, must be provided to the TSCA Title VI Accredited TPC 

3164 within 7 days of final disposition. 

3165 § 770.24 Samples for testing.

3166 (a) Composite wood product panels may be shipped into and transported across the 

3167 United States for quality control or quarterly tests. 
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3168 (1) Such panels may not be sold, offered for sale or supplied to any entity other than a 

3169 TSCA Title VI Accredited TPC laboratory or a contract laboratory before testing in accordance 

3170 with § 770.20. 

3171 (2) If test results for such panels demonstrate compliance with the emissions standards in 

3172 this subpart, the panels may be relabeled in accordance with § 770.50 and sold, offered for sale, 

3173 or supplied. 

3174 § 770.30 Importers, fabricators, laminated product producers, distributors, and retailers.

3175 (a) Importers, fabricators, laminated product producers whose products are exempt from 

3176 the definition of hardwood plywood, distributors, and retailers must take reasonable precautions 

3177 to ensure that they are purchasing composite wood products, whether in the form of panels, 

3178 component parts, or finished goods, that comply with the emission standards and other 

3179 requirements of this subpart. 

3180 (b) For importers, fabricators, and laminated product producers, taking reasonable 

3181 precautions means specifying TSCA Title VI compliant products when ordering or purchasing 

3182 from suppliers and obtaining the following records: 

3183 (1) Records identifying the panel producer and the date the composite wood products 

3184 were produced. 

3185 (2) Records identifying the date the composite wood products were purchased. 

3186 (3) Bills of lading or invoices that include a written affirmation from the supplier that the 

3187 composite wood products are compliant with this subpart. 

3188 (c) Importers of articles that are composite wood products, or articles that contain 

3189 composite wood products, must comply with the import certification regulations for “Chemical 

3190 Substances in Bulk and As Part of Mixtures and Articles,” as found at 19 CFR 12.118 through 
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3191 12.127 or as later promulgated. 

3192 (d) Records required by this section must be maintained in accordance with § 770.40(d). 

3193 § 770.40 Reporting and recordkeeping. 

3194 (a) Panel producers must maintain the following records for a period of 5 years. The 

3195 following records must also be made available to the panel producers’ TSCA Title VI Accredited 

3196 TPCs. Records described in paragraph (a)(1) of this section must also be made available to 

3197 purchasers of their composite wood products. 

3198 (1) Records of all quarterly emission testing and all ongoing quality control testing. 

3199 These records must identify the TSCA Title VI Accredited TPC conducting or overseeing the 

3200 testing and the laboratory or quality control facility actually performing the testing. These 

3201 records must also include the date, the product type tested, the lot or batch number that the tested 

3202 material represents, the test method used, and the test results. 

3203 (2) Production records, including a description of the composite wood product(s), the 

3204 date of manufacture, lot or batch numbers, and tracking information allowing each product to be 

3205 traced to a specific lot number or batch produced. 

3206 (3) Records of changes in production, including changes of more than 10% in the resin 

3207 use percentage, changes in resin composition that result in a higher ratio of formaldehyde to 

3208 other resin components, and changes in the process, such as changes in press time by more than 

3209 20%. 

3210 (4) Records demonstrating initial and continued eligibility for the reduced testing 

3211 provisions in § 770.17, if applicable. These records must include: 

3212 (i) Approval for reduced testing from a TSCA Title VI Accredited TPC. 

3213 (ii) Amount of resin use reported by volume and weight. 
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3214 (iii) Production volume reported as square feet per product type. 

3215 (iv) Resin trade name, resin manufacturer contact information, and resin supplier contact 

3216 information. 

3217 (v) Any changes in the formulation of the resin. 

3218 (5) Purchaser information for each composite wood product, if applicable, including the 

3219 name, contact person, address, telephone number, e-mail address if available, purchase order or 

3220 invoice number, and amount purchased. 

3221 (6) Transporter information for each composite wood product, if applicable, including 

3222 name, contact person, address, telephone number, e-mail address if available, and shipping 

3223 invoice number. 

3224 (7) Information on the disposition of non-complying lots, including product type and 

3225 amount of composite wood products affected, lot or batch numbers, mitigation measures used, 

3226 results of retesting, and final disposition. 

3227 (8) Copies of labels used. 

3228 (b) Panel producers must provide their TSCA Title VI Accredited TPC with monthly 

3229 product data reports for each production facility, production line, and product type, maintain 

3230 copies of the reports for a minimum of 5 years from the date that they are produced. Monthly 

3231 product data reports must contain a data sheet for each specific product type with test and 

3232 production information, and a quality control graph containing the following: 

3233 (1) Quality Control Limit (QCL). 

3234 (2) Shipping QCL (if applicable). 

3235 (3) Results of quality control tests. 

3236 (4) Retest values. 
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3237 (c) Laminated product producers whose products are exempt from the definition of 

3238 hardwood plywood must keep records demonstrating eligibility for the exemption. These 

3239 records include: 

3240 (1) Resin trade name, resin manufacturer contact information, resin supplier contact 

3241 information, and resin purchase records. 

3242 (2) Panel producer contact information and panel purchase records. 

3243 (3) For panels produced in-house, records demonstrating that the panels have been 

3244 certified by an accredited TPC. 

3245 (4) For resins produced in-house, records demonstrating the production of NAF resins. 

3246 (d) Importers, fabricators, and laminated product producers whose products are exempt 

3247 from the definition of hardwood plywood must maintain the records described in § 770.30 and 

3248 copies of labels used. These records must be maintained for a minimum of 5 years from the date 

3249 that they are produced. 

3250 (e) Distributors and retailers must retain invoices and bills of lading and copies of labels 

3251 used. These records must be maintained for a minimum of 5 years from the date that they are 

3252 produced. 

3253 § 770.45 Labeling. 

3254 (a) Panels or bundles of panels that are sold, supplied, or offered for sale in the United 

3255 States must be labeled with the panel producer’s name, the lot or batch number, the number of 

3256 the TSCA Title VI Accredited TPC, and a statement that the products are TSCA Title VI 

3257 certified. 

3258 (1) A panel producer number may be used instead of a name to protect identity, so long 

3259 as the identity of the panel producer can be determined at the request of EPA. 
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3260 (2) Panels or bundles of panels manufactured in accordance with § 770.17 must also be 

3261 labeled that they were made with no-added formaldehyde-based resins in addition to the other 

3262 information required by this section. 

3263 (b) Panels imported into or transported across the United States for quarterly or quality 

3264 control testing purposes in accordance with § 770.20 must be labeled “For TSCA Title VI testing 

3265 only, not for sale in the United States.” The panels may be re-labeled if test results are below the 

3266 applicable emissions standards in this subpart. 

3267 (c) Fabricators of finished goods containing composite wood products must label every 

3268 finished good they produce, or every box containing finished goods. 

3269 (1) The label may be applied as a stamp, tag, sticker, or bar code. 

3270 (2) The label must include, at a minimum, the fabricator’s name, the date the finished 

3271 good was produced, and a statement that the finished goods are TSCA Title VI compliant. 

3272 (d) Distributors, wholesalers, and retailers who receive labeled bundles of regulated 

3273 composite wood products and then divide and repackage them, whether in bundles or separately, 

3274 must label each separate bundle or item with the same information as required on the original 

3275 label. Labels on bundles that are not so repackaged must be kept intact by distributors, 

3276 wholesalers, and retailers. 

3277 § 770.55 Prohibited acts. 

3278 (a) The following are prohibited acts under TSCA section 15: 

3279 (1) Manufacturing (including import) non-certified composite wood products unless the 

3280 products are specifically exempted by this subpart. 

3281 (2) Manufacturing (including import) composite wood products without complying with 

3282 the testing provisions in § 770.20, unless the products are specifically exempted by this subpart. 
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3283 (3) Selling, offering for sale, or supplying non-certified composite wood products unless 

3284 the products are specifically exempted by this subpart. 

3285 (4) Selling, offering for sale, or supplying composite wood products belonging to non3286 complying lots without first complying with the provisions of § 770.22. 

3287 (5) Selling, offering for sale, or supplying certified composite wood products that are not 

3288 labeled in accordance with § 770.45. 

3289 (6) Selling, offering for sale, or supplying composite wood products that exceed the 

3290 applicable emission standards of § 770.10. 

3291 (7) Failing to comply with the recordkeeping requirements of § 770.40. 

3292 6. Section 770.99 is revised to read as follows: 

3293 § 770.99 Incorporation by reference. 

3294 The materials listed in this section are incorporated by reference into this part with the 

3295 approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To 

3296 enforce any edition other than that specified in this section, a document must be published in the 

3297 Federal Register and the material must be available to the public. All approved materials are 

3298 available for inspection at the OPPT Docket in the EPA Docket Center (EPA/DC) at Rm. 3334, 

3299 EPA, West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading 

3300 Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 

3301 holidays. The telephone number of the EPA/DC Public Reading room is (202) 566-1744, and the 

3302 telephone number for the OPPT Docket is (202) 566-0280. In addition, these materials are also 

3303 available for inspection at the National Archives and Records Administration (NARA). For 

3304 information on the availability of this material at NARA, call (202) 741-6030 or go to 

3305 http://www.archives.gov/federal_register/code_of_federal_regulations/
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3306 ibr_locations.html. These materials may also be obtained from the sources listed in this section. 

3307 (a) ANSI material. Copies of these materials may be obtained from the American 

National Standards Institute, 1899 L Street, NW., 11th 3308 Floor, Washington, DC 20036, or by 

3309 calling (202) 293-8020, or at http://ansi.org/. 

3310 (1) ANSI A135.4- 2004, American National Standard, Basic Hardboard, IBR approved 

3311 for § 770.3. 

3312 (2) ANSI A135.5-2004, American National Standard, Prefinished Hardboard Paneling, 

3313 IBR approved for § 770.3. 

3314 (3) ANSI A135.6-2006, American National Standard, Hardboard Siding, IBR approved 

3315 for § 770.3. 

3316 (4) ANSI A190.1-2002, American National Standard for Wood Products, Structural 

3317 Glued Laminated Timber, IBR approved for § 770.1. 

3318 (5) ANSI A208.1-2009, American National Standard, Particleboard, IBR approved for 

3319 § 770.3. 

3320 (6) ANSI A208.2–2-2009, American National Standard, Medium Density Fiberboard 

3321 (MDF) for Interior Applications, IBR approved for § 770.3. 

3322 (7) ANSI/HPVA HP–1–2009, American National Standard for Hardwood and 

3323 Decorative Plywood, IBR approved for § 770.3. 

3324 (b) ASTM material. Copies of these materials may be obtained from ASTM International, 

3325 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA, 19428-2959, or by calling (877) 

3326 909-ASTM, or at http://www.astm.org. 

3327 (1) ASTM D5055-05 (2005), Standard Specification for Establishing and Monitoring 

3328 Structural Capacities of Prefabricated Wood I-Joists, IBR approved for § 770.1. 
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3329 (2) ASTM D5456-06 (2006), Standard Specification for Evaluation of Structural 

3330 Composite Lumber Products, IBR approved for § 770.1. 

3331 (3) ASTM D5582-00 (Reapproved 2006), October 1, 2006, Standard Test Method for 

3332 Determining Formaldehyde Levels from Wood Products Using a Desiccator, IBR approved for 

3333 §§ 770.7(a) through (c) and 770.20. 

3334 (4) ASTM D6007-02 (Reapproved 2008), October 1, 2008, Standard Test Method for 

3335 Determining Formaldehyde Concentrations in Air from Wood Products Using a Small-Scale 

3336 Chamber, IBR approved for §§ 770.7(a) through (c), 770.15, 770.17, and 770.20. 

3337 (5) ASTM E1333-10 (Approved 2010), Standard Test Method for Determining 

3338 Formaldehyde Concentrations in Air and Emission Rates from Wood Products Using a Large 

3339 Chamber, IBR approved for §§ 770.7(a) through (c), 770.10, 770.15, 770.17, and 770.20. 

3340 (c) CEN materials. Copies of these materials are not directly available from the 

3341 European Committee for Standardization, but from one of CEN’s National Members, Affiliates, 

3342 or Partner Standadisation Bodies. To purchase a standard, go to CEN’s website, 

3343 http://www.cen.eu, and select “Products” for more detailed information. 

3344 (1) EN 120:1992, Wood based panels. Determination of formaldehyde content3345 Extraction method called the perforator method, English Version, IBR approved for § 770.20. 

3346 (2) EN 717-2:1995, Wood-based panels. Determination of formaldehyde release3347 Formaldehyde release by the gas analysis method, English Version, IBR approved for § 770.20. 

3348 (d) Georgia Pacific material. Copies of this material may be obtained from Georgia3349 Pacific Chemicals LLC, 133 Peachtree Street, Atlanta, GA 30303, or by calling (877) 377-2737, 

3350 or at http://www.gp-dmc.com/default.aspx. 

3351 
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3352 (1) GP DMC (Dynamic Micro Chamber) Manual, 2011 Edition, IBR approved for 

3353 § 770.20. 

3354 (2) [Reserved] 

3355 (e) ISO material. Copies of these materials may be obtained from the International 

3356 Organization for Standardization, 1, ch. de la Voie-Creuse, CP 56, CH-1211, Geneve 20, 

3357 Switzerland, or by calling +41-22-749-01-11, or at http://www.iso.org. 

3358 (1) ISO/IEC 17011:2004(E), Conformity Assessments--General Requirements for 

3359 Accreditation Bodies Accrediting Conformity Assessments Bodies (First Edition), IBR approved 

3360 for §§ 770.7(a) through (c) and 770.60. 

3361 (2) ISO/IEC 17020:1998(E), General Criteria for the Operation of Various Types of 

3362 Bodies Performing Inspections (First Edition), IBR approved for §§ 770.7(a) through (c) and 

3363 770.60. 

3364 (3) ISO/IEC 17025:2005(E), General Requirements for the Competence of Testing 

3365 and Calibration Laboratories (Second Edition), May 15, 2005, IBR approved for 

3366 §§ 770.7(a) through (c) and 770.60. 

3367 (4) ISO/IEC Guide 65:1996(E), General Requirements for Bodies Operating Product 

3368 

3369 Certification Systems (First Edition), 1996, IBR approved for §§ 770.7(a) through (c) and 

3370 770.60. 

3371 

3372 (f) Japanese Standards Association. Copies of this material may be obtained from 

3373 Japanese Industrial Standards, 1-24, Akasaka 4, Minatoku, Tokyo 107-8440, Japan, or by calling 

3374 +81-3-3583-8000, or at http://www.jsa.or.jp/. 

3375 (1) JIS A 1460:2001 Building boards Determination of formaldehyde emission3376 Desiccator method, English Version, IBR approved for § 770.20. 

3377 (2) [Reserved] 
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3378 (g) NIST material. Copies of these materials may be obtained from the National Institute 

3379 of Standards and Technology (NIST) by calling (800) 553-6847 or from the U.S. Government 

3380 Printing Office (GPO). To purchase a NIST publication you must have the order number. Order 

3381 numbers may be obtained from the Public Inquiries Unit at (301) 975-NIST. Mailing address: 

3382 Public Inquiries Unit, NIST, 100 Bureau Dr., Stop 1070, Gaithersburg, MD 20899-1070. If you 

3383 have a GPO stock number, you can purchase printed copies of NIST publications from GPO. 

3384 GPO orders may be mailed to: U.S. Government Printing Office, P.O. Box 979050, St. Louis, 

3385 MO 63197-9000, placed by telephone at (866) 512-1800 (DC Area only: (202) 512-1800), or 

3386 faxed to (202) 512-2104. Additional information is available online at: http://www.nist.gov. 

3387 (1) Voluntary Product Standard PS-1-07 (2007), Structural Plywood, IBR approved for 

3388 §§ 770.1 and 770.3. 

3389 (2) Voluntary Product Standard PS-2-04 (2004), Performance Standard for Wood-Based 

3390 Structural-Use Panels, IBR approved for §§ 770.1 and 770.3. 

3391 ##