TSCA Transition Period Ends

Friday is a big day for TSCA Title VI. This is the official end of the CARB/TSCA Transition Period. A lot of flexibility manufacturers, importers, fabricators, etc., had ends on Friday.

I previously linked you to a FAQ page posted by the EPA. Here are some of the highlights regarding changes happening Friday, but check the page for more.

END OF CARB RECIPROCITY:

  • 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.
  • Regulated products manufactured in or imported into the United States after March 22, 2019 may not rely on the CARB reciprocity of 40 CFR 770.15(e) and must be certified and labeled as TSCA Title VI compliant by an EPA TSCA Title VI TPC with all of the required accreditations.

MANUFACTURERS/FABRICATORS:

  • From March 22, 2019, if you are sourcing composite wood panels from outside your manufacturing process to make a laminated composite wood product, the EPA requires that you only utilize TSCA Title VI compliant composite wood panels.
  • Composite wood panels produced in or imported into the United States before June 1, 2018 are not regulated under the final rule and may be used in making component parts and finished goods until their stock is depleted (assuming that stockpiling has not taken place in an attempt to circumvent the final rule requirements). 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.

LABELS:

  • Until March 22, 2019, CARB ATCM Phase II compliant composite wood panels are considered TSCA Title VI compliant, and the CARB ATCM Phase II label will satisfy the TSCA Title VI labeling requirement. 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 producer’s name, lot number, an EPA-recognized TSCA Title VI TPC number, and a TSCA Title VI compliance statement.
  • Until March 22, 2019, the CARB ATCM Phase II label on finished goods will satisfy the TSCA Title VI labeling requirements. The labels on finished goods fabricated in or imported into the United States after March 22, 2019 must include the fabricator’s name, the date the finished good was produced (in month/year format), and a TSCA Title VI compliance statement.

IMPORTERS:

  • 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.
  • Beginning March 22, 2019, in addition to being certified as TSCA Title VI compliant, all imported composite wood panels, component parts, or finished goods containing regulated composite wood must comply with the TSCA section 13 import certification regulations.

And if you’re an importer, make sure your Customs Broker gets this message and talk to them about making your positive certification of compliance.

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.

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