EPA Delays Rulemaking on Formaldehyde Emissions from Composite Wood Products

Moulding and other building product manufacturers nationwide that use hardwood plywood, particleboard and medium-density fiberboard (MDF) in their products can rest easily for a little while longer. The Environmental Protection Agency (EPA) is delaying a rulemaking process on formaldehyde emissions from composite wood products. The original petition was received on March 24, 2008, from 25 organizations and approximately 5,000 individuals, including the Sierra Club, and the petitioners are concerned about risks to human health and the environment from exposure to formaldehyde in composite wood products, including hardwood plywood, particleboard and MDF. The petitioners are asking the EPA “to assess and reduce these risks by exercising its authority under Toxic Substances Control Act (TSCA) section 6(a) to: adopt and apply nationally the formaldehyde emissions regulation for composite wood products recently approved by the California Air Resources Board (CARB); and to extend the regulation to include composite wood products used in manufactured homes. EPA must either grant or deny a TSCA section 21 petition within 90 days of receipt of the petition, which, for this petition, is June 21, 2008.”

The agency issued its decision on June 21 in a prepublication version of the Federal Register, titled “Formaldehyde Emissions from Composite Wood Products; Disposition of TSCA Section 21 Petition [FRL-8371-5].”

The following is the summary from the 21-page decision:

 “In sum, the petition does not, as required under TSCA section 21, set forth facts sufficient to establish that it is necessary to initiate a proceeding under TSCA section 6(a) to protect human health against an unreasonable risk of injury by applying the CARB regulation on a national basis. Further, the additional relevant information that EPA has identified does not support initiation of the requested proceeding.

However, after considering the facts presented by the petitioners (including the California administrative record), information presented by commenters, and other information available to EPA, EPA has decided to initiate a proceeding to investigate whether and what type of regulatory or other action might be appropriate to protect against risks posed by formaldehyde emitted from pressed wood products.

In fall 2008, EPA plans to issue an advance notice of proposed rulemaking (ANPR) to initiate a proceeding. As part of the ANPR process, EPA will engage stakeholders to contribute to obtaining a better understanding of the available control technologies and approaches, industry practices and the implementation of CARB’s ATCM.

Concurrently, EPA plans to develop and conduct an industry survey and initiate development of an exposure assessment and an irritation concern level that could be used for evaluating emissions standards or other approaches. Subsequently, EPA plans to develop an irritation risk assessment, which will receive the appropriate external review, and quantify costs and benefits.

With respect to the petitioners’ request that EPA use TSCA section 6 to apply the CARB rule to manufactured homes, EPA notes that HUD has regulations governing formaldehyde emission levels from plywood and particleboard materials installed in manufactured homes … HUD is in the process of reviewing proposed changes to these regulations to include medium-density fiberboard, among other things. HUD is also currently reviewing a proposal to amend its manufactured housing regulations governing formaldehyde to include the standards set forth in the CARB regulation.

Tom Julia, president of the Composite Panel Association, commented on the EPA’s delayed rulemaking. “Rather than an outright denial or acceptance of the rulemaking petition, EPA’s announcement suggests they are striving to take a methodical, prudent and politically astute approach to the merits of federal regulation.”

DWM magazine will be following this issue closely and reporting on the EPA’s proposed rulemaking this fall.

You can read the official version of the document in a forthcoming Federal Register publication, which currently is expected to occur within the next two weeks.

CLICK HERE to visit Federal Register online.

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