EPA to Investigate Formaldehyde Emission Levels

The Environmental Protection Agency (EPA) has launched a broad effort to gain a greater scientific understanding of the potential health risks of formaldehyde's use in pressed wood products. Through this process, EPA will develop risk assessments on potential adverse health effects, evaluate the costs and benefits of possible control technologies and approaches and determine whether EPA action is needed to address any identified risks.

Advance Notice of Proposed Rulemaking

On November 25, 2008, EPA issued an advance notice of proposed rulemaking (ANPR) (PDF) that describes EPA's initial steps to investigate potential actions to protect against risks posed by formaldehyde emitted from pressed wood products used in manufactured homes and other places, and requests comment, information and data relating to formaldehyde emissions from pressed wood products.

The Agency is pursuing this course of action following review of a TSCA Section 21 citizens' petition (PDF), which requested that EPA adopt nationally a California regulation to control formaldehyde emissions from these wood products.

EPA carefully reviewed the citizens' petition, submitted by the Sierra Club, a number of other environmental organizations, as well as a large number of private citizens, and sought comment and additional information on the petition. Read EPA's letter to the petitioners (PDF) and the response to the petition in the Federal Register.

EPA says it will work closely with the Department of Housing and Urban Development (HUD) on issues related to manufactured housing.

It was Expected

Tom Julia, president of the Composite Panel Association, commented on the recent EPA news.

"We were not surprised, and we were expecting the ANPR to be published this year. It is the logical response to the EPA's initial finding that they were not prepared to either support or oppose the Sierra Club Petition for rulemaking," Julia says. "The ANPR process is a fact-finding process to identify all potential issues related to regulation of formaldehyde in wood products and then decide whether to initiate a formal rule-making notice-probably sometime later next year. However, the ANPR process is very important because the input that will be received by EPA will very likely color the direction that it takes and the scope of the possible rule."

"In short, our view is that it would be almost irresponsible for the CPA and the wood industry to sit back and allow this process to play out without our intervention. We all have a stake in this … We have reason to want to support a regulation that is going to require everyone in the world to do the same thing," Julia adds.

CPA believes that this regulation is called for and that the regulation should be limited to-no more, no less-than the CARB rule.

"This is where the Sierra Club and CPA have very strong common ground, and I would think other wood industries would have the same common ground in believing that it is appropriate that the federal government should have an oversight role when it comes to products coming to our shores that may have toxic chemicals in them-whatever those products are. I believe you are going to see a number of other wood products associations join in and support this regulation and join with the Sierra Club in doing so," Julia explains.

Comments on the ANPR will be accepted for 60 days after publication in the Federal Register. All comments should be identified by docket identification no. EPA-HQ-OPPT-2008-0627, and may be submitted by one of the following methods:

• Federal eRulemaking Portal: Follow the on-line instructions for submitting comments found in the Federal eRulemaking Portal.
• Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460-0001.
• Hand delivery: OPPT Document Control Office (DCO), EPA East Building, Room 6428, 1201 Constitution Ave, NW, Washington, D.C. The DCO is open from 8 am to 4 pm, Monday through Friday, excluding legal holidays. The telephone number is (202), 564-8930. Such deliveries are only accepted during the DCO's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Julia says the document is quite detailed.

"It's a very substantial document and my recommendation is not to try to address everything in that document. Instead, think about the issues that matter the most to your industry and file your comments narrowly on those issues and why this would be of concern to you in any rule that might come into effect," he says.

Make Your Voice Heard

The November 25, 2008, advance notice of proposed rulemaking also announces five public meetings that EPA has scheduled in order to obtain additional stakeholder input. The public meetings will take place in the following locations:

• Research Triangle Park, N.C. on January 8, 2009, from 1 p.m. to 5 p.m. The meeting will be held at the EPA, Main Campus Auditorium (C111B/C), 109 T.W. Alexander Drive, Research Triangle Park, NC 27711.
• Portland, Ore. on January 13, 2009, from 1 p.m. to 5 p.m. The meeting will be held at the State Public Health Building, 800 NE Oregon St., Room 1B, Portland, OR 97232.
• Chicago, Ill. on January 15, 2009, from 8:30 a.m. to 12:30 p.m. The meeting will be held at the Ralph Metcalfe Federal Building, Room 328, 77 West Jackson Blvd., Chicago, IL 60604.
• Dallas, Texas on January 26, 2009, from 1 p.m. to 5 p.m. The meeting will be held at the EPA, 1445 Ross Avenue, 12th Floor, Dallas, TX 75202.
• Washington, DC on January 29, 2009, from 1 p.m. to 5 p.m. The meeting will be held at the EPA, EPA East, Room 1153, 1201 Constitution Ave., Washington, DC 20460.

Julia feels passionately that wood products companies should attend one of the forums.

"You can be sure that there will be advocacy groups coming in and appearing at these public forums, particularly related to the FEMA issue, who will be very anti-industry and who will have less than good things to say about the industry and demand something perhaps going far beyond the CARB rule," Julia says. "It is very important that industry have a strong presence at all five forums. The CPA intends to assure that not only our members but also that those affected that we do business with will be at those forums and speak at those forums narrowly on the issues that affect wood products."

Julia says there will be those that will argue that the economic impact on the American consumer will be too great, and the rule should not be passed.

"Our answer to that is the rule is already a federal rule. [The CARB rule] is a de-facto federal rule. It became a rule the day it was passed. Virtually all domestic manufacturers are requiring CARB-compliant products. They aren't demanding CARB and non-CARB products," Julia says.

For general information about the EPA's ANPR contact Colby Linter at TSCA-Hotline@epa.gov or 202/564-1264; for technical information contact Cindy Wheeler at Wheeler.cindy@epa.gov or 202/566-0484.

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