Tom Neltner, J.D., is Chemicals Policy Director
On July 27, the Environmental Protection Agency (EPA) signed a long-overdue final rule to protect people from formaldehyde off-gassing from composite wood products such as hardwood plywood, medium-density fiberboard, and particleboard. These products are commonly used to make furniture, cabinets, and flooring. Title VI of the Toxic Substances Control Act (TSCA) directed EPA to issue the rule and base it on the 2007 standards set by the California Air Resources Board (CARB) with a significant exception; EPA closed a loophole in CARB’s standards by extending them to cover laminated hardwood products. Such laminated products were the focus of the Lumber Liquidators controversy in 2014.
EPA effectively threaded a needle between the legitimate interests of small furniture and cabinet manufacturers and the need to protect people from the risks posed by formaldehyde. The final rule includes changes from the proposed rule to address concerns that compliance would have been difficult for small businesses that glue a thin layer of wood veneer (a process called lamination) to composite boards that themselves comply with the rule.
EPA concluded it needed to close CARB’s loophole when studies showed that laminating operations (which CARB had exempted) release formaldehyde in excess of the CARB emission standards. EPA’s rule gives laminators using most formaldehyde adhesives seven years to get into compliance. Read More