No. Any component parts or finished goods containing composite wood products that were produced in the United States or imported into the customs territory of the United States before the manufactured-by date of June 1, 2018, are not subject to the testing requirements and emission standards and thus are not required to be certified and labeled as TSCA Title VI compliant. The definition of hardwood plywood in the final rule does not include structural plywood as defined in the voluntary consensus standards incorporated into the rule at 40 CFR 770.1(c). NAF/ULEF panels must be labeled as specified in TSCA Title VI, including panel producer's TSCA Title VI TPC number. In the rule, the definition of a panel does not include composite wood products made for the purposes of research and development, provided that these composite wood products made for research and development are not sold, supplied, or offered for sale. However, if these products are not fabricated from panels and are compression molded, or otherwise individually pressed in a way that does not involve the use of a regulated composite wood panel, then they are not subject to the final rule. In order to conduct the required initial, onsite inspection associated with new certification activities, the TPC could conduct a virtual inspection via onsite video/teleconference technology (operating as directed by the TPC) and that aligns with the standard operating procedure the TPC would normally employ during an in-person inspection to satisfy the requirements of 40 CFR 770.15(c)(1)(viii). Any entity who sells, supplies or offers for sale in an e-commerce environment the following regulated products has obligations that coincide with its designation(s) (i.e., distributor, importer, and/or retailer, etc.) Part 770: composite wood products, items containing component parts fabricated from composite wood, or finished goods fabricated with composite wood products. Beginning March 22, 2019, importers of articles that are regulated composite wood products, or articles that contain regulated composite wood products, must comply with the import certification regulations for Chemical Substances in Bulk and as Part of Mixtures and Articles, as found at 19 CFR 12.118 through 12.127, or as later promulgated. EPA believes that equivalence between the TPCs (or the TPCs contract laboratorys) ASTM E1333 test chamber and an ASTM D6007 test chamber being housed on-site at the start-up or restarting mill should generally be established after the ASTM D6007 test chamber is delivered to the start-up or restarting mill, as this typically represents in EPAs judgment a significant change in equipment, procedure, or the qualifications of testing personnel. Yes. You are also required to retain records and labels as a panel producer. The final rule permits TPCs and ABs to share an Agent for Service, meaning that multiple regulated entities may hire the same firm or company to accept documents on their behalf. As noted in 770.20(d) equivalence should be established whenever there is a significant change in equipment, procedure, or the qualifications of testing personnel. This frame contains 88 square inches of composite wood product and would qualify for the de minimis exception ([12 14] [10 8]). Note that each of the four composite wood products in the picture frame has its largest surface face added to the largest surface face of the other composite wood products in the frame to aggregate to the total of 88 square inches. Yes. A statement issued by the importer of chemical substances to clarify that the imported items comply with the TSCA rules or are exempted by the TSCA. In Canada, the regulation is called CANFER and is effective January 2023 and relates to the regulation of composite panels in that country only. Beginning March 22, 2024, laminated product producers whose products are not exempted from the definition of hardwood plywood are also required to perform quality control tests on their products. Packing slips, receipts of transfer and documents comparable to these examples may be used to ensure compliance with the recordkeeping provisions of the final rule so long as they bear the identification information for the regulated product. TSCA Title VI certification will be taken into consideration by the regulator where the Regulations require testing by an accredited laboratory for quality control testing. TSCA Title VI regulations apply to any renovator who is also a retailer selling composite wood products or finished goods directly to consumers (e.g., direct purchase stores for consumers) and who also happens to install, or provide installation services after purchase, including through subcontractors. The Order changed many compliance dates from December 12, 2018 to June 1, 2018. Particleboard is defined as 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 (as determined under ANSI A208.1-2016). Please contact the CDX Help Desk for questions or problems when registering using your preferred method of contact. By March 22, 2019, to continue to certify composite wood products under TSCA Title VI, CARB-approved TPCs must meet all accreditation requirements outlined in the final rule and amend their CDX application to identify their EPA TSCA Title VI AB. A list of recognized ABs can be found online, Please contact the CDX Help Desk for questions or problems when registering using your preferred method of contact, "Importing into the United States A Guide for Commercial Importers,, Suspended or Revoked Third-Party Certifiers (TPCs) under Toxic Substances Control Act (TSCA) Title VI Program, Read the list of suspended or revoked TPCs under the TSCA Title VI Program online, Find examples of enforcement actions in e-commerce, Structural plywood (per PS-1-09 standard see. CARB intends to conduct the interlaboratory comparisons no less frequently than every two years. EPA's regulations related to TSCA section 5 are codified in Title 40, Chapter I, Subchapter R of the Code of Federal Regulations (CFR). The application requirements for product and laboratory ABs are available under 40 CFR 770.7(a)(2) and (b)(2), respectively. Streamlining and Aligning Formaldehyde Emission Control Standards for Certain Wood Products in Manufactured Home Construction With Title VI of the Toxic Substance Control Act A Proposed Rule by the Housing and Urban Development Department on 03/22/2019 Document Details Printed version: PDF Publication Date: 03/22/2019 Agency: If you have been approved for a NAF or ULEF exemption by the CARB program, then you are also exempt from the certification requirements under 40 CFR 770.15, testing requirements under 40 CFR 770.20, and reporting requirements under 40 CFR 770.40(b). Summary The Toxic Substances Control Act (TSCA) of 1976 provides EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Read the list of suspended or revoked TPCs under the TSCA Title VI Program online. Any lapse, revocation, or removal from the CARB program (voluntary or otherwise) may result in a loss of recognition by EPA under the TSCA Title VI Certification Program. Beginning March 22, 2024, laminated product producers whose products are not exempted from the definition of hardwood plywood will be included as producers of hardwood plywood and will be required to test and certify their products to ensure they comply with the formaldehyde emission standard for hardwood plywood. For example: a contractor or renovator may have responsibilities under the TSCA Title VI final rule if that renovator or contractor is a custom cabinetmaker. Beginning June 1, 2018, fabricators and retailers are responsible for ensuring that they purchase only compliant composite wood products (i.e., panels that are certified) for use in the fabrication of component parts or finished goods. The definition of hardwood plywood in the final rule includes a variety of core types, but formaldehyde emission standards only apply to hardwood plywood made with a veneer core or a composite core. Other construction material merchant wholesalers, or wholesale distributors of manufactured homes and/or prefabricated buildings, Prefabricated wood building manufacturing, Motor home and recreational vehicle manufacturing, Travel trailer and camper home manufacturing, Furniture and related product manufacturing, Laboratories conducting independent third-party formaldehyde emissions testing of regulated composite wood products. Find an EPA recognized TPC. If you are TSCA Title VI Certified, you do not require any additional testing or inspections. If you are not certified, you must certify to either TSCA Title VI or CANFER by January 7th, 2023. TPCs could begin applying for EPA recognition as of May 22, 2017. As of August 25, 2017 (see 82 FR 31922), panel producers were able to begin voluntarily labeling composite wood panels as TSCA Title VI compliant if an EPA-recognized TPC certified the panels as compliant. This renewal application should be submittedbeforethe two-year period of recognition ends to ensure continued coverage. A manufacturer, importer, distributor or retailer of these PS-1-09 or PS-2-10 downfall products must provide proof, upon request by the Agency, that their product is excluded from the regulation because it was constructed in accordance with the PS-1-09 or PS-2-10 standards. The TSCA Title VI regulation only recognizes standards listed under 40 CFR 770.1(c) and products made to those standards as being excluded from the TSCA Title VI regulation. The application must indicate any changes from the ABs initial application or most recent renewal application. . As a panel producer you are required to maintain records of the purchaser information for each of the composite wood panel bundles you directly sell or distribute. Panel producers and downstream entities must keep records documenting that the composite wood panels were manufactured prior to June 1, 2018 for the same three-year retention cycle as required for records of regulated panels. A composite wood panel, component part, or finished goods imported before the manufactured-by date of June 1, 2018 may be further distributed or incorporated into component parts and finished goods. In the event of unsafe conditions (e.g., natural disasters, outbreaks, political unrest, epidemics, and pandemics) in the area of a composite wood product manufacturing panel producer, in order to conduct the required quarterly inspections and sample collections, the TPC could conduct a remote quarterly inspection via teleconference to satisfy the requirements of 40 CFR 770.7(c)(4)(i)(F), and work with the panel producer quality control manager at that time to select, package, sign, and ship the TPC panels/samples for the quarterly test according to 40 CFR 770.20(c). CARB-approved TPCs will have a transition period, which ends on March 22, 2019, to be accredited to the required standards under the final rule by an EPA TSCA Title VI AB. The amount each entity is responsible for will vary depending on the total number of fee payers identified, and the number of entities identified as "small . Composite wood products made with no-added formaldehyde (NAF)-based and ultra-low emitting formaldehyde (ULEF) resins. Finished goods made from panels, or component parts made from those panels that have been certified as TSCA Title VI compliant may also be voluntarily labeled as TSCA Title VI compliant, so long as that information is accurate. They may affix the statement to a bill of lading, invoice, or comparable document; all documents; or any combination thereof. For example, an entity operating an e-commerce website or electronic marketplace has to comply with the regulations for a retailer if that entity acts as a retailer by selling, supplying, or offering for sale directly to consumers composite wood products, component parts, or finished goods containing regulated composite wood products. Early labeling was completely voluntary until the emission standards compliance date (June 1, 2018) when labeling became mandatory for all finished goods containing regulated composite wood products that are produced or fabricated domestically and those imported into the United States. Beginning March 22, 2019, TSCA Section 13 import certification is required upon import into the customs territory of the U.S. Beginning March 22, 2024, non-exempt laminated products become hardwood plywood and must comply with panel producer requirements. EPA believes that a laboratory report noting the construction or performance deficiency from the certifier, or a comparable document from the certifier stating that the panels were manufactured in accordance with but failed to meet the PS-1-09 or PS-2-10 standard (which would result in not obtaining a PS-1-09 or PS-2-10 product standard stamp of certification) would be the types of documents the manufacturer should be prepared to provide the Agency. Hardwood plywood is defined as a hardwood or decorative panel that is intended for interior use and composed of (as determined under ANSI/HPVA HP-1-2016) an assembly of layers or plies of veneer, joined by adhesive with a lumber core, a particleboard core, a medium-density fiberboard core, a hardboard core, a veneer core, or any other special core or special back material. The application must indicate any changes from the TPCs initial application or most recent renewal application. In the case of non-domestic producers, the manufactured-by date is the import-by date, which is June 1, 2018. The CANFER, TSCA and CARB standards . TSCA TITLE VI REQUIREMENTS AND COMPLIANCE DATES This Guide reflects changes in the EPA Formaldehyde Rule effected by an agreed Order dated March 13, 2018 in litigation in the United States District Court in the Northern District of California (Sierra Club v. Pruitt). A non-CARB TPC may apply only after their AB is recognized by EPA and the TPC is properly accredited by their AB. Other approved quality control test methods include: No. The first step in establishing any testing program would be for the start-up or restarting mill to apply under 770.15(c) to TPC for certification of their composite wood products. After March 22, 2024, you will be required to test and certify your non-exempt laminated composite wood products as hardwood plywood through the EPA TSCA Title VI Third-Party Certification Program. The 88 square inch total is calculated by summing the largest face of each of the four pieces: (12 x 2) + (12 x 2) + (10 x 2) + (10 x 2). If a new product category needs to be established, the panel producer and TPC must establish a testing program to ensure the new product meets the certification requirements under the testing provisions at 770.15(c), which includes generating the required testing data prior to certification and subsequent distribution of the new product in commerce. All composite wood products and finished goods sold in California must be labeled regardless of their size. Panel producers, fabricators, importers, distributors and retailers must keep records for at least three years showing that the component parts or finished goods containing composite wood products were manufactured prior to June 1, 2018. A TSCA certificate can be either of the following two: a. The CDX online application will allow you to select either one or both AB types and provide the information required in the sections. Applications for the EPA Program were available as of May 22, 2017via EPA CDX. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. In addition, a laminated product is produced by either the fabricator of the finished good in which the product is incorporated or a fabricator who uses the laminated product in the further construction or assembly of a component part. One example of this type of scenario would be an individual, group, or business that purchases a pallet of office furniture fabricated on or after June 1, 2018 containing regulated composite wood products sold, supplied or offered for sale to a distributor, retailer, or consumer either immediately or in the future. Manufactured (mobile) home dealers (also includes trailer homes). Finished goods do not require formaldehyde emissions testing and certification. Per the terms of reciprocity outlined in 40 CFR section 770.7(d)(1), TPCs must maintain their CARB approval and comply with all aspects of the final rule other than the accreditation requirements. slide 1 of 1. Until March 22, 2019, regulated products certified as compliant with the CARB ATCM Phase II emission standards must be labeled as compliant with either the TSCA Title VI or the CARB ATCM Phase II emission standards. Structural plywood, oriented strand board (OSB) and other structural engineered wood products remain exempt from the EPA TSCA Title VI rules on formaldehyde emissions from composite wood products. Each raw composite wood panel must be labeled separately, or a bundle of panels may be labeled. In this example, the furniture was originally purchased by the donating business for the purposes of resale, and only after that business was unable to sell the stock they offered it for donation to the second-hand thrift store. EPA TSCA Title VI 770.15 (a) states: "Beginning June 1, 2018, only certified composite wood products, whether in the form of panels or incorporated into component parts or finished goods, are permitted to be sold, supplied, offered for sale, or manufactured (including imported) in the United States" What does this mean to you? FAQs are sorted intothe following topics: Under Title VI of the Toxic Substances Control Act (TSCA), three composite wood products are regulated: hardwood plywood, medium-density fiberboard (MDF, including thin-MDF), and particleboard. If a fabricator uses NAF or ULEF exempt composite wood panels in their finished goods, then the products must be labeled with a statement that the finished goods are TSCA Title VI compliant. Approval for reduced testing from an EPA TSCA Title VI TPC or CARB; Amount of resin use reported by volume and weight; Production volume reported as square feet per product type; Resin trade name, resin manufacturer contact information (name, address, phone number, and email), and resin supplier contact information (name, address, phone number, and email); and. Imports of chemical substances, mixtures or articles that contain a chemical substance or mixture must comply with the Toxic Substances Control Act (TSCA) in order to enter the U.S. Importers must certify that imported chemicals either comply with TSCA ( positive certification) or, if not otherwise clearly identified as a chemical excluded from . For non-CARB TPCs that receive EPA recognition under TSCA Title VI, EPA will issue numbers that follow a format like the CARB-approved TPC numbers to maintain consistency for users and panel producers in recordkeeping and inventory control. EPA may decide to revise this guide without public notice to reflect changes in EPA's approach to implementing TSCA Title VI or to clarify information and update text. Note that a TPCs eligibility for reciprocity can be noted in the TPCs Executive Order from CARB. Manufacturers must maintain bills of lading, invoices, or comparable documents that include a written statement from the supplier that the component or finished goods are TSCA Title VI compliant for a minimum of 3 years from the date of import, purchase, or shipment, consistent with 40 CFR 770.30 (c) and 770.40 . All composite wood panels manufactured in or imported into the United States after March 22, 2019 must be TSCA Title VI compliant and the label on composite wood panels must include the panel producers name, lot number, an EPA-recognized TSCA Title VI TPC number, and a TSCA Title VI compliance statement. The fabricator and downstream entities are responsible for taking reasonable precautions to maintain a chain of custody for records that identify the supplier of the composite wood products. Early labeling was completely voluntary until the emission standards compliance date (June 1, 2018) when labeling became mandatory for all regulated composite wood panels that are produced domestically and those imported into the United States. This is a requirement only for TPCs and ABs located outside of the United States. The Agency believes that panel producers are best able to make the initial determination of whether the specific product(s) they produce meet the definition of one of the excluded products at 40 CFR 770.1(c). The TSCA Title VI regulation would apply in this example because the products were never previously sold or supplied to an end user by the donating business and the second-hand thrift store is now offering to sell, supply, or offer for sale those products. They must also have a reassessment or surveillance on-site assessment conducted by their EPA TSCA Title VI AB every two years. If these products are fabricated using regulated composite wood panels, then they are regulated under the final rule either as a component part (if they are used in the construction or assembly of finished goods) or as a finished good. The promulgation of EPA regulations is based on CARB regulations. After TPCs are officially recognized by EPA, they may begin working with panel producers to establish a program to certify composite wood panels as TSCA Title VI compliant. Yes. Under Title VI of the Toxic Substances Control Act (TSCA) it is possible for a company to fit into more than one designation of regulated entity. As an example, a product may meet a claimed exclusion if it was manufactured according to the requirements or standards of one of the excluded products at 40 CFR 770.1(c), even if that product failed to meet the regulatory exclusion requirements. Approved quality control test methods show a correlation to ASTM E1333-14, or the equivalent ASTM D6007-14 test method per 40 CFR 770.20(d). Soy and polyvinyl acetate (PVA) resins are noted by EPA as being candidates for NAF-based resins and producers of composite wood product panels made with either PVA or soy resin would be considered eligible to apply for the NAF-based resin exemption under 40 CFR 770.17. Yes, after equivalence has been established between the on-site ASTM D6007 test chamber and the TPCs (or TPC contract laboratorys) ASTM E1333 chamber, data generated at the mill from the on-site ASTM D6007 test chamber can be used to establish correlation under 770.20(d) to the panel producers quality control test method as provided in 770.20(b). During this transition period, CDX will allow CARB-approved TPCs to bypass the selection of an EPA TSCA Title VI AB during the application process. The label may be applied as a stamp, tag, or sticker and must include, at a minimum, the finished good fabricators name, the date the finished good was produced (in month/year format), and a statement that the finished goods are TSCA Title VI compliant. Thus, you would calculate the aggregate area of the largest surface face of each composite wood product face in a finished good to determine if the fabricated product is exempt from labeling under the de minimis labeling provision. Annual reports must be submitted to EPA electronically through the Central Data Exchange (CDX). Manufacturers of PS-1-09 or PS-2-10 panels that failed to achieve full certification due to a construction or performance failure that would not result in increased formaldehyde emissions, but which were manufactured according to and tested by a qualified certifier of PS-1-09 or PS-2-10 panels, would not be required to test and certify these panels as hardwood plywood under the TSCA Title VI regulation. No. Fabricators producing finished goods made with those TSCA Title VI certified panels were also able to voluntarily label their finished goods as TSCA Title VI compliant beginning August 25, 2017, so long as that finished good was fabricated with TSCA Title VI compliant panels. After March 22, 2024, both the composite wood panel and the non-exempt laminated composite wood product need to be tested and certified under the final rule. The TSCA Title VI regulation requires composite wood products to be third-party certified in a similar manner as required by CARB. [ 85 FR 5566, Jan. 31, 2020] During the time the panel producer is seeking a new TPC, it must continue to comply with all other requirements of the TSCA Title VI program, including quality control testing. However, beginning March 22, 2024, any laminated product made with a resin that is not a PF or NAF resin (or resin otherwise approved through the resin petition process at 40 CFR 770.4) will be considered a non-exempt laminated product and you will be a hardwood plywood (HWPW) panel producer and must comply with all the requirements of a HWPW panel producer, including testing and certification of the product as HWPW, as well as associated recordkeeping documents required of a panel producer. Fabricators are also required to keep records documenting the finished goods and components parts are made of compliant panels and fabricators must label the compliant finished goods or component parts as TSCA Title VI compliant. Subcontracted renovators who provide services to real property on the behalf of retailers, but do not directly sell composite wood products or finished goods to consumers, are not regulated as retailers under the TSCA Title VI final rule. Panel producers and fabricators have the primary responsibility for labeling composite wood panels as indicated by 40 CFR 770.45(a) and (c). All regulated composite wood products, and finished goods containing composite wood products, manufactured in or imported into the United States after March 22, 2019 are required to be certified as TSCA Title VI compliant by an EPA TSCA Title VI TPC with all of the required accreditations. EPA TSCA Title VI ABs are recognized for three years from the date of approval into the program, so long as they maintain good standing in the TSCA Title VI Third Party Certification Program. As defined in 40 CFR 770.3 of the final rule, an agent for service is an entity designated by a third-party certifier (TPC) or accreditation body (AB) to receive legal documents and communicate with EPA on their behalf. CARB-approved TPCs located outside of the United States must have an agent for service during the transition period and must provide this information in their application. apply to CARB or their EPA TSCA Title VI TPC for approval to be granted exemption from TPC-oversight for two years. Exterior doors and garage doors that contain composite wood products, if the doors are made from composite wood products manufactured with NAF or ULEF resins, or the doors contain less than 3% composite wood product by volume. To determine if you are regulated, confirm whether you are manufacturing a composite wood panel that meets the definitions for either hardwood plywood, medium density fiberboard, or particleboard as outlined in the respective voluntary consensus standards (e.g., ANSI, ASTM) incorporated in the final rule. ABs wishing to participate in the EPA Toxic Substances Control Act (TSCA) Title VI Third-Party Certification Program (EPA Program) could begin applying to EPA for recognition beginning on May 22, 2017. Under Title VI of the Toxic Substances Control Act (TSCA), three composite wood products are regulated: hardwood plywood, medium-density fiberboard (MDF, including thin-MDF), and particleboard. See frequent questions for TPCs. Title VI of the Toxic Substances Control Act (TSCA) and the implementing regulations in 40 CFR part 770. The process for suspending or revoking a TPCs recognition status is outlined under 40 CFR 770.7(e)(3). In the case of imported products, for the purposes of determining the manufactured-by date, and ensuring compliance with the rule requirements, the term manufacture means the date of import into the customs territory of the United States. If the custom cabinetmaker is making finished goods from composite wood products or component parts and then selling the finished goods either to a retailer or the public, that contractor or renovator could be a fabricator, distributor, retailer, or a combination of all three. No. Also required are six months of routine quality control tests, including a showing of correlation to test method ASTM E1333-14 or the equivalent ASTM D6007-14 test method per 40 CFR 770.20(d), totaling not less than ten quality control tests. EPA-HQ-OPPT-2022-0902. All panel producers are required to have their products tested by an EPA TSCA Title VI TPC (laboratories conducting independent third-party formaldehyde emissions testing of regulated composite wood products) to ensure their products are certified as compliant with the emissions standards. For most composite wood products commonly bought, sold, or shipped, EPA understands that bills of lading or invoices typically track the product through the supply chain. The U.S. Environmental Protection Agency's (EPA) new federal formaldehyde emissions regulations took effect on June 1st, 2018. The final rule does not preempt the CARB program. Panel producers, importers, fabricators, distributors, and retailers are required to retain documentation that the composite wood panel, component part, or finished good was manufactured before June 1, 2018 (or is TSCA Title VI compliant). TPCs may submit applications at any time to become recognized as an EPA TSCA Title VI TPC. TSCA Title VI directs the implementation of regulations to ensure compliance with formaldehyde emission standards. What is a TSCA certificate? Thus, alternative testing approaches that can speed up this process, but that still adhere to the rules testing requirements, for new mills starting-up or restarting would be beneficial. The regulations require that all EPA TSCA Title VI Third-Party Certifiers (TPC) (except those that are California Air Resource Board (CARB) approved and entering under the reciprocity provisions at 40 CFR 770.7(d)) must be accredited by an AB to ISO/IEC 17065:2012(E) and be a TPC, or contract with a laboratory that is accredited to ISO/IEC 17025:2005(E) with scopes of accreditation to include 40 CFR Part 770 Formaldehyde Standards for Composite Wood Products before entering the program.
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