AND CANFER: ARE YOU READY FOR THE NEXT BIG SHIFT IN COMPOSITE WOOD PRODUCT FORMALDEHYDE EMISSIONS REGULATIONS?
Josh Hosen • Jul 08, 2022
The scope of composite wood product manufacturers requiring formaldehyde emissions certification is about to drastically change.
U.S. EPA TSCA TITLE VI
In 2019, the U.S. EPA TSCA Title VI Formaldehyde Emissions Standards for Composite Wood Products regulation went into effect which required all hardwood plywood, particleboard, and MDF manufacturers producing and/or selling panels in the United States to become “TSCA Title VI Certified.” As an EPA-accredited third-party certifier (TPC), Capital Testing supports these manufacturers by certifying them under our Formaldehyde Emissions Certification Program. The program’s core certification requirements come directly from TSCA Title VI, which mandates regular quality control and third-party emissions testing, robust recordkeeping and labeling, and quarterly on-site inspections.
LAMINATED PRODUCT PRODUCERS
Under TSCA Title VI, “Laminated Product Producers” are entities that affix a wood or woody grass veneer to a composite wood substrate (i.e. particleboard, MDF, or veneer core), and then use that product to make a component part or finished good.1 Manufacturers of consumer wood products like engineered wood flooring, kitchen and bath cabinets, furniture, architectural panels, and many others could be considered “Laminated Product Producers” depending on the details of their production process. These entities are currently exempt from the TSCA Title VI certification requirement, but this will soon change: beginning March 22, 2024, Laminated Product Producers that use a formaldehyde-containing adhesive (other than phenol formaldehyde) to apply veneer to a substrate will be considered hardwood plywood producers and must be certified accordingly.
You may be wondering why we are writing about this now, almost 2 years before the March 2024 implementation date. Consider this: when TSCA Title VI was written, EPA asserted there were an estimated 7,000 to 14,000 Laminated Product Producers in the U.S. alone.2 There are currently only 33 EPA-accredited TPC’s around the world. Laminated Product Producers who wait too long to pursue certification may find themselves at the back of a very long line in 2023 and 2024. We therefore highly encourage Laminated Product Producers to contact us at experts@capitaltesting.org to learn about their TSCA requirements before the end of the year.
CANADIAN FORMALDEHYDE EMISSIONS FROM COMPOSITE WOOD PRODUCTS REGULATIONS (CANFER)
Another major change to the formaldehyde emissions regulatory landscape is the upcoming implementation of the Canadian formaldehyde emissions Regulations (CANFER) on January 7th, 2023. Capital Testing previously wrote about CANFER, and how it is similar but not quite identical to TSCA Title VI. While CANFER allows some reciprocity with TSCA Title VI, there are several unique requirements your company should be aware of if you make or sell composite wood products in Canada.
Capital Testing assembled the following lists of critical CANFER requirements for international and Canadian entities. This is not an exhaustive list, so we highly encourage you to review the Regulations yourself and contact us if you have any questions. Links to the regulatory language and a CANFER stakeholder webinar held by Health Canada are included below for your reference.
Canadian, U.S., and International Hardwood Plywood, Particleboard, and Medium Density Fiberboard Manufacturers
1.) 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. Contact us at experts@capitaltesting.org to request a quote for certification.
2.) Create a “Declaration of Certification” as outlined in Section 19(1)(a) and 19(2) of CANFER. Capital Testing has been in direct contact with Health Canada regarding this requirement. Contact us to learn what we know!
3.) Update product labeling to include TSCA Title VI certification statement in English and French as follows: “TSCA Title VI certified / certifié conformément au titre VI de la TSCA”
Canadian Manufacturers ONLY
4.) Keep records as outlined in Section 26 of CANFER for a period of 5 years
5.) Report to the Canadian Minister of the Environment and Climate Change as outlined in Section 31 of CANFER with the following information, in writing, within 60 days of CANFER coming into effect (by March 8th, 2023):
a. Name, civic and postal addresses, telephone number and, if any, email address as well as name of its contact person.
b. Statement of whether you manufacturer, import, sell, or offer for sale composite wood panels, laminated products, component parts, or finished goods. NOTE: make sure to list ALL activities in which your company engages.
6.) If a non-compliant lot occurs, notify all customers and the Canadian Minister of Environment and Climate Change within 2 days of being made aware of it. See Section 16 of CANFER for details on handling non-complying lots.
We know it’s difficult to keep up with regulatory changes like these, and to fully understand how they impact you and your company. Capital Testing’s dedicated staff is here to help, so contact us today if you have any questions.
CAPITAL TESTING WILL BE AT IWF 2022
Will you be attending IWF 2022 in Atlanta, GA on August 23-26? Stop by Booth# C2215 to discuss your TSCA Title VI and CANFER requirements in detail with Capital Testing’s Managing Director, Josh Hosen!
Footnotes
1See definitions of “Laminated Product,” “Laminated Product Producer,” “Component Part,” and “Finished Good” in 40 CFR Part 770 Section 770.3 “Definitions.”
2See 40 CFR Part 770 Section III “Provisions of This Final Rule” (page 89682 of Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Rules and Regulations)
Additional Resources
40 CR Part 770 Formaldehyde Emission Standards for Composite Wood Products: https://www.regulations.gov/document/EPA-HQ-OPPT-2016-0461-0001
CANFER Regulation: https://canadagazette.gc.ca/rp-pr/p2/2021/2021-07-07/html/sor-dors148-eng.html
CANFER Stakeholder Webinar: https://www.hc-canfer-sc.ca/en/virtual-library-search?product_id=12
