EPA has issued a final rule to implement the Formaldehyde Standards for Composite Wood Products Act, which added Title VI to the Toxic Substances Control Act (TSCA). This final rule includes provisions relating to, among other things, laminated products, products made with no-added formaldehyde resins or ultra-low- emitting formaldehyde resins.
WDMA and our National Architectural Door Council have been following and commenting to EPA throughout their process of creating their final formaldehyde rule. WDMA wants to make sure that EPA aligns the provisions of the federal statute with the existing requirements of California Air Resources Board's (CARB) Air Toxics Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products (ATCM). WDMA contends that the CARB rules are working well, and composite panels complying with them are already available.
WDMA is also concerned that the requirements of the final rule be fair for door and window product manufacturers, especially regarding the use of compliant composite panels with no- or low-emitting adhesives.
WDMA has reviewed the final EPA statute, and is generally pleased that EPA responded to our concerns in a positive manner. According to EPA, the requirements in this final rule are consistent, to the extent EPA deemed appropriate, with the current CARB requirements. EPA also clarified requirements for laminators and fabricators in a manner that more clearly identifies which group door and window manufacturers fall under. Further, EPA has specifically identified adhesive classes that are exempt from testing and certification.
IN BRIEF:
The manufactured-by date for composite wood products is December 12, 2017. Composite panel material producers must comply with the statute by that date and label their product accordingly. Laminators and fabricators must comply with the recordkeeping and labeling (carry-through) provisions of the statute as well.
The manufactured-by date for laminated products at December 12, 2023. Laminators must comply with the testing and certification requirements of the statute and label their product accordingly, or modify their components and materials to qualify under one of the exemptions.
A copy of the EPA Federal Register Notice can be obtained
here
KEY PROVISIONS
Below are some of the key provisions applicable to WDMA interior architectural door, window and exterior door products.
- The statute covers laminated products, made with composite wood products, including only those products subject to a formaldehyde emission standard, i.e., hardwood plywood with a composite or veneer core, MDF, and particleboard.
EPA notes that the term ''laminated product'' does not include those products made by attaching something other than a wood or woody grass veneer (e.g., plastic, vinyl, or film) to a core or platform.
- The statute eliminates the requirement to hold lots selected for testing until test results are received, an original EPA rule provision that WDMA (and others) strenuously objected to.
- Additionally, EPA has included a petition process through which any person can petition to expand the exemption for laminated products from the definition of "hardwood product". The process involves data submission, consideration and rulemaking, which would be a multi-year effort, if warranted. WDMA and the NADC will explore whether to use this option to obtain further clarity on how the statute applies to door and window products.
Exemptions from Testing and Certification:
The statute contains specific exemptions for the items noted below. Composite wood products, component parts, and finished goods that qualify for these exemptions are exempt from all of the provisions of the implementing regulations. However, regardless of whether laminated product producers are producing exempt or non-exempt laminated products, they are also fabricators and must also comply with the fabricator recordkeeping requirements as of the manufactured-by date for composite wood products.
- Laminated products made by attaching a wood or woody grass veneer to a compliant core or platform with a phenol-formaldehyde resin or a resin formulated with no added formaldehyde as part of the resin cross-linking structure. (Laminated products using urea formaldehyde or melamine formaldehyde resins are not exempt.)
- Windows that contain less than five percent by volume of composite wood products
- Exterior doors and garage doors that contain less than three percent by volume of composite wood products
- Exterior and garage doors that are made with NAF-based or ULEF resins
- Products that contain de minimis amounts of composite wood products, defined as products containing 144 square inches or less of regulated composite wood products, are exempt from the labeling requirements, but not the recordkeeping requirements or other provisions.
For more information, contact Jeff Lowinski, Vice President Technical Services, at
jlowinski@wdma.com or (312) 673-5891.
