New TSCA Q&A

You haven’t heard me talk about “the F-word” in a long time, have you? Well time to raise the issue again and direct you to the updated FAQs put out by the EPA.

One of the big take-aways that I got from it is that they are going to make the language slightly more consistent by just calling everything “TSCA Title VI compliant.” I personally think that’s great as it removes a lot of consumer confusion between raw panels and finished products and the regular ULEF and NAF routes to compliance.

There’s a lot of info there, and it would be silly of me to try just cut and paste answers or to try to rewrite all these official statements. So I just want to send you there for the answers. Of course if you think you don’t need to go check out this page, that’s fine, but just in case here’s a sampling of the multitude of questions answered there. Look through these and see if any of them relate to YOUR business and if so, head over to the EPA website for the official answer.

  • I am a renovator/contractor who installs composite wood products in new or existing houses on-site at real property. Are there any requirements that apply to me under the TSCA Title VI regulation beginning June 1, 2018?
  • Lumber core products are not subject to the CARB ATCM to Control Formaldehyde Emissions from Composite Wood Products. Are they subject to EPA’s final rule?
  • Is structural plywood regulated under the final rule?
  • What composite wood products need to be tested and certified under the final rule?
  • Who is required to test formaldehyde emissions from composite wood products?
  • Do finished goods require testing and third-party certification?
  • Is it necessary to include “TSCA Title VI compliant” on every line item description where it applies, or is a general claim referring to composite wood products being compliant printed on our invoice, bill of lading, or comparable document sufficient?
  • Who is responsible for labeling individual composite wood panels when a bundle is opened?
  • Beginning June 1, 2018, do I need to include both a CARB and EPA label on compliant composite wood products and/or finished goods?
  • Do the requirements of TSCA Title VI apply to second-hand retail stores (e.g., second-hand charity thrift stores or non-profit building supply recycling stores) or discount stores that receive donations from consumers and other businesses and later sell, supply, or offer for sale goods which are regulated composite wood products or finished goods containing composite wood products?
  • Will the final rule preempt California Air Resources Board (CARB) program requirements?
  • I am panel producer starting-up a new mill or restarting a mill in the U.S. How can I manufacture compliant composite wood products so that I can offer those products as soon as possible for sale, to be supplied, or otherwise distributed in commerce in the U.S.?

And more!

Elizabeth Baldwin is Environmental Compliance Officer for Metropolitan Hardwood Floors. In her 25 plus year career in the wood industry has visited over 70 countries and hundreds of facilities of all sizes and types. She describes herself as a “jack of all wood trades.” Familiar with jungles of all sorts–having camped out along the Amazon and walked the halls of Congress–she blogs for the NWFA on both environmental and regulatory issues for educational and informational purposes only. Her blog is not intended and should not be construed as legal advice. Persons seeking legal advice on compliance with CARB, TSCA, the U.S. Lacey Act or any other law, regulation, or compliance requirement/claim should consult with the regulatory agency directly and/or a qualified legal professional.

2 thoughts

  1. Elizabeth another great article … the link is invaluable and covers a ton of information on the new rulings, certainly we worth saving the url … I’m not in the picture frame business but it was interesting to see how the compliance has a bearing number of square inch of materials on the frame size… as they say the devil is in the details !

  2. Stuart, thanks for the good words–always thrilled to know friends are out there reading. I am very happy the EPA put out such a comprehensive guidance page and look forward to an update soon on the Importer Certification requirement–I’ll post as soon as we hear! Thanks for writing!
    Elizabeth

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