American Coatings Association


EPA Releases Final Rule on Formaldehyde Emissions


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On July 27, EPA released a final rule that limits formaldehyde emissions from composite wood products and establishes a process by which companies will use third parties to certify compliance with the formaldehyde emission standards. The final rule, which is effective Sept. 26, is mostly consistent with 2009 limits that California’s Air Resources Board began to phase in. California’s limits range from 0.05 part per million (ppm) to 0.13 ppm, depending on the product covered.

According to the agency, the final rule addresses formaldehyde, which can irritate the skin, eyes, nose and throat following short-term, relatively low exposures. EPA says elevated exposures may cause some cancers.

One year after the rule’s publication, composite wood products that are sold, supplied, offered for sale, manufactured, or imported into the United States will need to be labeled as Title VI compliant under the Toxic Substances Act (TSCA). These products include hardwood plywood, medium-density fiberboard, particleboard as well as household and other finished goods containing these products.

“We are carrying out important measures laid out by Congress to protect the public from harmful exposure of this widely used chemical found in homes and workplaces,” said Jim Jones, EPA’s assistant administrator for the Office of Chemical Safety and Pollution Prevention. “We have worked with the state of California as a partner to help ensure consistency in our requirements. The new rule will level the playing field for domestic manufacturers who have a high rate of compliance with the California standard and will ensure that imported products not subject to California’s requirements will meet the new standard and thus, not contain dangerous formaldehyde vapors.”

The Formaldehyde Emission Standards for Composite Wood Products Act of 2010 established emission standards for formaldehyde from composite wood products and directed EPA to finalize a rule on implementing and enforcing a number of provisions covering composite wood products.

Formaldehyde may be released from adhesives that are used in a wide range of wood products, such as some furniture, flooring, cabinets, bookcases and building materials including plywood and wood panels. Exposure to formaldehyde can cause adverse health effects including eye, nose and throat irritation, other respiratory symptoms and cancer.

EPA is setting testing requirements to ensure that products comply with those standards, establishing eligibility requirements for third-party certifiers, and establishing eligibility requirements for accreditation bodies to be recognized by EPA that will accredit the third-party certifiers. The new rule includes certain exemptions for products made with ultra-low formaldehyde or no-added formaldehyde resins and new requirements for product labeling, recordkeeping, and enforcement provisions.

Additional provisions, including recordkeeping requirements, apply to importers, distributors and retailers, which includes dealers selling recreational vehicles, mobile homes and building materials.

There is, however, some variation between the national rule and California’s, one of which is that

EPA requires recordkeeping for three years compared to California’s two-year requirement. EPA is also requiring importers to provide certification of their compliance with the rule within two years and the agency requires manufacturers to disclose emissions test results to their direct purchasers upon request.

Additionally, companies that make or import laminated hardwood plywood products are not automatically exempt, as they are from California’s requirement. Under EPA’s final rule, while some laminators will qualify for exemptions, some others must comply within seven years.

More information from EPA is available at https://www.epa.gov/formaldehyde/formaldehyde-emission-standards-composite-wood-products-0.

Contact ACA’s Javaneh Nekoomaram or Stephen Wieroniey for more information.


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