Hard Switchover for TSCA Labeling on Composite Wood Products in December 2017, EPA Official Says

The Environmental Protection Agency will enforce a hard deadline for upcoming Toxic Substances Control Act labeling requirements for formaldehyde emissions in composite wood products, the EPA’s Todd Coleman said during a Feb. 23 webinar. Beginning Dec. 12, 2017, imported composite wood products covered by a recent EPA final rule will have to be labeled as compliant with new formaldehyde emissions requirements (see 1612120022). Prior to that date, EPA will not allow imports of products bearing such labels, though the agency will allow early labeling of composite wood products distributed abroad as long as it is not distributed on U.S. soil, Coleman said.

EPA understands the “light switch date” will present issues for covered composite wood products for products in transit on Dec. 12, Coleman said. EPA staff is currently “briefing upper management” on the problem, he said in response to a question about whether products shipped before Dec. 12, but arriving after, must be labeled as compliant with TSCA. EPA is “trying to get clarity,” he said. “Stay tuned.”

Importers will not be responsible for creating the labels unless they are also producers or fabricators of covered composite wood products, but they will be responsible for ensuring labels remain intact on individual items or on file if the merchandise is purchased as a bundle and sold separately, Coleman said. Importers that divide, repurchase or purchase composite wood products for retail must have a system for identifying the supplier of the panel and link the information on the label to the products, he said. Though EPA’s final rule covers finished “articles” containing covered composite wood (see 1607280021), labels are not required for component parts not sold separately or finished goods that contain a de minimis amount of wood products, defined as having no more than 144 square inches on the largest face. Recordkeeping requirements still apply, he said.

EPA is not providing any standard format for labels, instead letting fabricators and producers decide how to present the required information, Coleman said. A single label may be used to satisfy both EPA and California Air Resources Board requirements, as long as it meets the provisions of both sets of rules, he said. Products may also bear two separate labels.

As noted in EPA’s final rule, importer certifications required as of Dec. 12, 2018, will be available in ACE, Coleman said. Certification will be a “box checking exercise” whereby the importer certifies that all the articles are not in violation of TSCA. Early certification will not be available, with certification capability in ACE deployed on the compliance date in December 2018, he said.