On 12 December 2016, Environmental Protection Agency (EPA) published the Final Rule for formaldehyde emission standards on composite wood products1 under authority of the Toxic Substances Control Act (TSCA).
In January 2017, EPA published a compliance guide for importers, distributers and retailers2 to assist small businesses to comply with the formaldehyde emission standards.
This compliance guide includes a number of sections that covers the following:
Regulation summary & compliance timetable
A list of exempt products
A to-do list for a) Importers and b) Distributers and Retailers
A compliance timetable summarizing effective dates and actions.
Bills of lading, invoices, or comparable documents bearing a statement of TSCA Title VI compliance shall be obtained and maintained for 3 years.
Besides importers shall be able to make records (*which fulfill the following requirements) available to EPA within 30 calendar days of request.
“records which identify the panel producer, the date the products were produced, the supplier (if different) and the date the products were purchased”
(40 CFR 770.30 and 770.40)
12 December 2017
Import certification under TSCA section 13 is required. (40 CFR 770.30 and 770.40)
12 December 2018
Distributors and Retailers
Bills of lading, invoices, or comparable documents shall be obtained and maintained for 3 years. (40 CFR 770.30 and 770.40)
12 December 2017
The must do’s for Importers are given according to Manufactured-by Date, Stockpiling, Records, Labels and Import Certification headings in the guide. Import Certification is additional to importers.
After 12 December 2018, the following certification under TSCA section 13 must be signed by the importers:
“I certify that all chemical substances in this shipment comply with all applicable rules or orders under TSCA and that I am not offering a chemical substance for entry in violation of TSCA or any applicable rule or order under TSCA.”
The must do’s for Distributors and Retailers are given according to Manufactured-by Date, Stockpiling, Records and Labels headings in the guide.