If your facility is part of the supply chain for certain composite wood products, as the environmental health and safety (EHS) manager you now have responsibilities for formaldehyde emissions. If your facility uses formaldehyde, as an EHS manager you are required to safeguard your workers from formaldehyde exposure under Occupational Safety and Health Administration (OSHA) workplace safety requirements. Today we will review your responsibilities under the U.S. Environmental Protection Agency’s (EPA) new formaldehyde emissions rule, and tomorrow we will offer some tips for working safely with formaldehyde.
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What’s Regulated?
Formaldehyde is found in the adhesives used in a wide range of composite wood products. The Formaldehyde Standards for Composite Wood Products Act, which mandated controls on formaldehyde emissions, was added as Title VI to the Toxics Substances Control Act (TSCA) in 2010.
EPA’s new rule for controlling formaldehyde emissions applies to three composite wood products:
- Hardwood plywood: hardwood or decorative panel that is intended for interior use and composed of an assembly of layers or plies of veneer, joined by adhesive with a lumber core (or any other special core or special back). Formaldehyde emissions limits for hardwood plywood products are 0.05 parts per million (ppm). Some laminated products are exempt from the definition of hardwood plywood. However, producers of these exempt laminated products still have labeling and recordkeeping requirements.
- Medium-density fiberboard (MDF): a panel composed of cellulosic fibers made by dry forming and pressing a resonated fiber mat. Formaldehyde emissions limits for MDF products are 0.11 ppm and 0.13 ppm for thin MDF.
- Particleboard: a panel composed of cellulosic material in the form of discrete particles (as distinguished from fibers, flakes, or strands) that are pressed together with resin. Formaldehyde emissions limits for particleboard are 0.09 ppm.
Note. There are limited testing and certification exemptions for no-added formaldehyde (NAF) resins or ultra-low emitting formaldehyde (ULEF) resins.
Who’s Affected?
Anyone in the supply chain for these three types of composite wood products is affected by this new rule. This includes five basic groups:
- Importers, distributors, retailers, such as:
- Furniture stores and wholesalers
- Lumber, plywood, millwork, and wood panel wholesalers
- Building materials and supplies dealers
- Mobile home dealers
- RV dealers and wholesalers
- Construction material wholesalers
- Wholesale distributors of mobile homes and/or prefabricated buildings
- Panel producers, such as:
- Veneer product manufacturers
- Plywood product manufacturers
- Engineered wood product manufacturers
- Fabricators, such as manufacturers of:
- Mobile homes
- Prefabricated wood buildings
- Motor homes
- Travel trailers and campers
- Furniture and related products
- Third-party certifiers, such as laboratories that conduct independent third-party emissions testing of the three composite wood products
- Accreditation bodies for products and laboratories
What Must Producers Do?
Comply with emissions standards. All panel producers are required to have their products tested quarterly by an EPA TSCA Title VI third-party certifier to ensure their products are certified as compliant with the emissions standards. Panel producers are also required to conduct their own routine quality control tests, with appropriate reporting and recordkeeping, to ensure that regulated composite wood products meet emissions standards. In addition, EPA TSCA Title VI third-party certifiers must conduct quarterly inspections of the products and records, as well as verify quality control results.
Finished goods do not require formaldehyde emissions testing and certification. However, the component parts of the finished good that are considered to be regulated composite wood products must be tested to ensure they comply with the emissions standards. There are recordkeeping requirements for the compliant composite wood products that are component parts of the finished goods that document they are certified as being compliant.
Label. Each raw composite wood panel must be labeled separately, or a bundle of panels may be labeled. The label can be a stamp, tag, or sticker and include the panel manufacturer’s name, lot number, the assigned EPA-Recognized TSCA Title VI third-party certifier number, and statement that the products are TSCA Title VI-compliant.
Each finished good or every box or bundle containing finished goods must be labeled. If a finished good (including component parts sold separately) is not individually labeled, the importer, distributor, or retailer must retain a copy of the label, be able to identify the products associated with that label, and make the label information available to potential customers upon request. The label may be applied as a stamp, tag, or sticker and must include, at a minimum, the finished good’s fabricator’s name, the date the finished good was produced, and a statement that the finished goods are TSCA Title VI-compliant.
Keep records. Records, including testing, production, purchaser, transporter, and noncomplying lot information, must be kept for 3 years. Records demonstrating initial eligibility for reduced testing or a limited third-party certification exemption for products made with NAF-based or ULEF resins must be kept for as long as exemption eligibility is claimed. Producers of laminate products that are exempt from the definition of hardwood plywood must keep records demonstrating purchase/use of compliant platforms and NAF or phenol-formaldehyde (PF) resins for 3 years.
What Must Fabricators Do?
Fabricators are those who incorporate composite wood products into component parts or into finished goods.
Purchase compliant products. Fabricators are responsible for ensuring that they purchase only compliant composite wood products, whether they are unfinished panels or incorporated into component parts of finished goods.
Label. Finished goods must be labeled with the producer’s name, the date the good was produced, and a statement of TSCA Title VI compliance.
Keep records. Bills of lading, invoices, or comparable documents must be obtained and maintained for 3 years.
What Must Importers Do?
Keep records. Bills of lading, invoices, or comparable documents bearing a statement of TSCA Title VI compliance must be obtained and kept for 3 years. In addition, importers must make records identifying the panel producer, the date the products were produced, the supplier (if different), and the date the products were purchased available to the EPA within 30 calendar days of a request.
Certify. Importers are required to provide TSCA Section 13 import certification to the Custom Service Bureau that all chemicals in the shipment do not violate TSCA’s rules.
What Must Distributors and Retailers Do?
Purchase compliant products. Distributors and retailers are responsible for ensuring that they purchase only compliant composite wood products, whether they are unfinished panels or incorporated into component parts of finished goods.
Keep records. Bills of lading, invoices, or comparable documents must be obtained and kept for 3 years.
If you use formaldehyde in your workplace, you must protect your workers. Tune in to tomorrow’s Advisor for some tips for working safely with formaldehyde.