Compliance Date Extension; Formaldehyde Emission Standards for Composite Wood Products

The Consumer Technology Association (CTA) submits the following comments in response to the Notice of Proposed Rulemaking related to amending the Formaldehyde Standards for Composite Wood Products final rule (40 CFR Part 770) that was published in the Federal Register on December 12, 2016. CTA is the trade association representing the U.S. consumer technology industry, which supports more than 15 million U.S. jobs. More than 2,200 companies - 80 percent are small businesses and startups; others are among the world's best known brands - involved in the design, development, manufacturing, distribution and integration of audio, video, in-vehicle electronics, wireless and landline communications, information technology, home networking, multimedia and accessory products, as well as related services that are sold through consumer channels. For many years, CTA has supported and advanced environmental and sustainability initiatives on behalf of the industry. Some CTA members manufacture, sell, import, and distribute consumer electronic products that may contain or consist of small amounts of composite wood products, which may or may not be laminated. Composite wood may be used in audio products in the form of finished products like speaker cabinets or speaker components, such as sub woofers. CTA submits these comments on behalf of member companies that may be covered by the proposed amendments to the Final Rule. Specifically, we request that EPA allow for the early labeling of TSCA Title VI compliant products and considering applying the exemption equally to composite wood contained in imported finished goods. CTA commends EPA for their continued collaboration on the federal formaldehyde rule and we appreciate the EPA's efforts to improve upon the Formaldehyde Standards specifically related to compliance deadlines and the transition period for California Air Resources Board (CARB) Third Party Certifiers (TPCs). The new deadlines and transition period will streamline the process for our members. However, CTA's members continue to have concerns with the following provision of the Final Rule: 770.45(f) Composite wood products and finished goods made entirely of composite wood products manufactured before the manufactured-by date must not be labeled as TSCA Title VI compliant. CTA asks EPA to consider an "early labeling" provision that would allow companies to label products as compliant prior to the proposed dates if they have been certified as such in compliance with the Formaldehyde Standards for Composite Wood Products final rule (40 CFR Part 770). Manufacturing processes make it difficult to confirm exact dates on which a composite wood product is produced in order to label as such. If a company has certified through the process outlined in the Final Rule that a product is compliant, we encourage EPA to allow companies to label once confirmed compliant versus placing an unnecessary burden on the inventory control process to begin labeling on a specific date. CTA also asks that EPA consider applying the exemption for composite wood panels manufactured prior to March 22, 2018 to be equally applied to composite wood contained in imported finished goods. This is again related to inventory control processes. Companies will need to halt import of finished goods for some time in advance of the deadlines to ensure that a sufficient volume of certified composite wood panels are available for assembly into finished goods. Treating imported finished goods equally to non-imported composite wood panels would reduce the compliance burden on the inventory control process.