TSCA Section 21 Petition: Formaldehyde in Composite Wood Products

May 12, 2008 Dear Sir or Madam: Please find the attadhed comments from the National Association of Manufacturers regarding Docket Number EPA-HQ-OPPT-2008-0267 COMMENTS OF THE NATIONAL ASSOCIATION OF MANUFACTURERS to the ENVIRONMENTAL PROTECTION AGENCY regarding DOCKET NUMBER EPA-HQ-OPPT-2008-0267 RESPONSE TO PETITION UNDER TOXIC SUBSTANCES CONTROL ACT REGARDING ADOPTION OF CALIFORNIA AIR RESOURCES BOARD FORMALDEHYDE EMISSIONS FROM WOOD PRODUCTS The National Association of Manufacturers NAM) submits these comments in response to the EPA's request for comments on the Toxic Substances Control Act (TSCA) section 21 petition that the agency recently received from the Sierra Club and numerous other organizations regarding "Formaldehyde Emissions from Composite Wood Products" (Federal Register Notice Page 22369-22372). By way of introduction, the NAM is the nation's largest industrial trade association representing small and large manufacturers in every industrial sector and in all 50 states. The NAM urges the EPA to reject the Sierra Club's petition for the EPA to exercise its TSCA section 6(a) authority to adopt and apply nationwide the formaldehyde emissions regulation for composite wood products recently enacted by the California Air Resources Board (CARB). Furthermore, we do not believe that the agency should extend the regulation to include composite wood products used in manufactured homes. Many members of the NAM have been involved with the CARB regulation since its inception, and have worked extensively with CARB officials to ensure that the regulation achieves its goals for formaldehyde reduction within industry standards. As you are aware, this regulation will be the strictest formaldehyde regulation in the world, and will have a far reaching impact on manufacturers, distributors, fabricators, retailers and third-party certifiers of hardwood plywood (HWPW), particleboard (PB), and medium-density fiberboard (MDF) that manufacture, sell or supply these products for use in California. It is clear that the CARB ATCM (Airborne Toxic Control Measure) is complicated in its implementation as industry continues to seek clarification of several issues raised by the rule. For example, many companies seek clarification from CARB of definitions, rule language, labeling requirements, and sell-through dates. In addition, we believe it would be difficult for EPA to manage the third-party certification process nationwide, as well as handle the enforcement issues. It is simply not technologically or economically feasible to apply the regulation on a national level. The current CARB regulation only requires three specific composite wood product types (HWPW, PB and MDF) to conform to a reduced formaldehyde emission level, which collectively amount to de minimus emissions. Because of the regulation's narrow scope, adopting the CARB ATCM nationwide will not significantly reduce the formaldehyde emissions to which people may be exposed and therefore do little to protect public health. Furthermore, because of the complexity of the CARB rule, underscored by its lack of clarity, we do not believe it appropriate for the EPA to adopt the standard as a model for nationwide regulation. If you would like more information with respect to these comments, please contact Bryan Brendle at (202) 637-3176.