The national emission standards in the Act mirror standards established last year by the California Air Resources Board for products sold, offered for sale, supplied, used or manufactured for sale in California. While EPA was not given the authority to modify the national emission standards, the Act does give EPA the discretion to adapt other provisions of the California regulations for national applicability. EPA’s implementing regulations must address the following topics, among others:
- sell-through provisions (including a prohibition on stockpiling)
- ultra low-emitting formaldehyde resins
- no-added formaldehyde-based resins
- finished goods
- third-party testing and certification
- auditing of and reporting for third-party certifiers
- chain-of-custody requirements
- recordkeeping
- labeling
- enforcement
- laminated products
- hardboard
- other provisions aside from the emission limits
EPA classified formaldehyde as a probable human carcinogen in 1991. Formaldehyde-based resins are sometimes used as adhesives in composite wood products, and are known to cause irritation to the eyes, skin and lungs.
The Regulatory Flexibility Act requires EPA to establish a federal panel for rules that may have a significant economic impact on a substantial number of small organizations. The panel will include representatives from the Small Business Administration, the Office of Management and Budget, and EPA. The panel will ask a selected group of small business representatives to provide advice and recommendations on behalf of their company, community, or organization to inform the panel on impacts of the proposed rule.
EPA is seeking self-nominations directly from the small organizations that may be subject to the rule requirements. Volunteers should send a message to RFA-SBREFA@epa.gov or call (202) 564-5586 by no later than November 2. In the message, please provide:
- your name,
- the name and size of your company,