Summary of some provisions in EPA's formaldhyde regulations that deviate from the CARM ATCM: 

1. Testing Requirements for Hardwood Plywood -- Frequency and Sampling:  In addition to several provisions that are identical to those in the CARB ATCM, EPA is proposing the following quality control testing frequency provision for hardwood plywood producers that make less than 100,000 square feet of a product: 
             If weekly production of hardwood plywood at the panel producer is 100,000 square feet or less, at least one test per 100,000 square feet for each product type produced; or, if less than 100,000 square feet of a particular product type in a single production run is produced, one quality control test of that product type per production run or lot produced.  (§ 770.18(b)(2)(iii)(D)).
 
2. Testing Requirements -- Demonstration of Equivalence of Test Methods: EPA is proposing to allow flexibility in sampling and removing the requirement of testing products with multiple emission ranges. ((§ 770.18(d)). Also, EPA is proposing to have third-party certifiers determine whether test methods are adequately correlated or equivalent to the large chamber test method. 

3. NAF/ULEF Provisions and Provisions for Reduced Quality Control Testing for MDF and Particleboard: EPA is not proposing to require panel producers to apply to EPA for the TPC exemption or reduced testing. EPA is proposing that the panel producer apply to an accredited TPC for a TPC exemption/reduced testing and send a copy of the application to EPA. Under the proposal, TPCs would be responsible for reviewing applications from panel producers, approving an application within 90 days of receipt if it demonstrates that the requirements under TSCA Title VI are met, notifying EPA of all approvals within 5 days of the approval, and forwarding copies of all approved applications to EPA within 30 days of receipt. (§ 770.7(c)(2)(iii)).

4. Hardwood Plywood and Laminated Products: Under the proposal, hardwood plywood includes laminated products, except "hardwood plywood does not include laminated products that are made by attaching a wood or woody grass veneer with a no-added formaldehyde-based resin to a core that has been manufactured in compliance with this subpart and that is either certified in accordance with § 770.15, manufactured with no-added formaldehyde-based resins under § 770.17, or manufactured with ultra low-emitting formaldehyde-based resins under § 770.18(d)." (§ 770.3)

5. The Definition of Laminated Products: EPA is proposing a broader definition of laminated products which would include some products that are considered HWPW under the CARB ATCM. EPA is proposing to define "Laminated product" to mean "a product in which a wood or woody grass veneer is affixed to a particleboard platform, a medium-density fiberboard platform, or a veneer core platform. A laminated product is a component part used in the construction or assembly of a finished good." (§ 770.3)

5. Engineered Veneer: EPA is not proposing to exempt engineered veneer from the statutory definition of hardwood plywood.  

6. Record Retention Period: EPA is proposing a 3 year record retention period for all record keeping requirements in the regulations. 

7. Stockpiling: TSCA Title VI directs EPA to base the stockpiling provisions on a "manufactured-by date," as opposed to a "sell-by date." So products can be sold at any point before or after the program takes effect provided they were manufactured before the designated date of manufacture.  Under the proposal "stockpiling" is defined as "manufacturing or purchasing composite wood products, whether in the form of panels or incorporated into finished goods, between July 7, 2010 and [date 180 days after publication of the final rule in the Federal Register] at an average rate at least 20% greater than the average rate of manufacture or purchase during the 2009 calendar year for the purpose of circumventing the emission standards and other requirements of this subpart." (§ 770.3; § 770.12)

8. Labeling: EPA's proposal would require labels to have a statement that the product is TSCA Title VI compliant in addition to the information the CARB ATCM requires to appear on labels. (§ 770.45). 

9. Definition of "Hardboard": EPA proposes to define "hardboard" as "a panel composed of cellulosic fibers made by dry or wet forming and hot pressing of a fiber mat, either without resins, or with a phenolic resin (e.g., a phenol-formaldehyde resin) or a resin system in which there is no added formaldehyde as part of the resin cross-linking structure, as determined under one of the following ANSI standards: ANSI A135.4 (Basic Hardboard), ANSI A135.5 (Prefinished Hardboard Paneling), or ANSI A135.6 (Hardboard Siding)." (§ 770.3) Under this proposed definition, products made with urea formaldehyde resin, would not be considered "hardboard."

10. Non-Complying Lots: The EPA proposal states that, "[n]on-complying lots are not certified composite wood products and they may not be sold, supplied or offered for sale in the United States except in accordance with this section." (§ 770.22) The proposal would require panel producers to hold on to lots selected for sampling until passing test results are received.  (§ 770.20(b)(3)&(c)(2)(iv)). 

11. Import Certification Requirements: Under TSCA Title VI importers must comply with the import certification requirements found at 19 CFR §§ 12.118 through 12.127 or as later promulgated. (§ 770.30(c)).

12. Accreditation Bodies (ABs): EPA is proposing to recognize certain product and laboratory ABs to accredit TPCs to provide TSCA Title VI certifications.  (§ 770.7(a) &(b)). 

13. Third-Party Certifiers: EPA is proposing that TPCs must be accredited by an EPA recognized product and laboratory AB. In addition, TPCs that not are located domestically will need to designate an agent within the United States. (§ 770.7(c)). 

      14. Recordkeeping: EPA's proposal provides that importers, fabricators, and laminated product producers must obtain and keep the following records: (1) Records identifying the panel producer and the date the composite wood products were produced; (2) Records identifying the date the composite wood products were purchased; (3) Bills of lading or invoices that include a written affirmation from the supplier that the composite wood products are compliant with this subpart. (§ 770.30). Distributors and retailers would only be required to retain invoices and bills of lading and copies of labels used. (§ 770.40 (e)).  
15. Length of TPC Accreditation/Approval: EPA is proposing that TPCs are approved/accredited for 3 years, subject to renewals. (§ 770.7(c)).  
