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U.S. looks at formaldehyde

By Heath E. Combs -- Furniture Today, March 29, 2010

A bill introduced in the U.S. House of Representatives this month would apply California's formaldehyde emission standards to the entire country.

But it would leave rulemaking, controls and procedures for compliance up to the Environmental Protection Agency, so it's not yet known how any new standards might be enforced.

The Formaldehyde Standards for Composite Wood Act, H.R. 4805, would regulate emissions from particleboard, MDF, hardwood plywood and products made from those materials and sold in the United States.

The bill would take elements of California's formaldehyde emissions standard enacted last year and make them a federal rule. The emission limits would be the lowest in the world.

The legislation directs the EPA to establish a national emissions standard under the Toxic Substances Control Act by Jan. 1, 2012.

A copy of the bill is online at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4805ih.txt.pdf.

It would direct the EPA to establish third-party testing requirements and have the EPA and U.S. Customs and Border Protection establish domestic and import enforcement protocols.

Andy Counts, CEO of the American Home Furnishings Alliance, told a House subcommittee on the formaldehyde rule this month that tough economic times have caused inventories to turn more slowly. He urged the lawmakers to take this into consideration in setting an effective date for the standards, recommending a 36-month sell-through period to clear out any noncompliant product.

The AHFA also is taking a position that testing for compliance should focus on raw board component parts and not finished goods, since finishing can reduce formaldehyde emissions. Counts recommended that the EPA focus on compliance and enforcement efforts at the point of raw board manufacture.

The California rule requires compliance at each level of the supply chain, from manufacture to retail — which makes stores and furniture manufacturers and importers liable for selling compliant goods, instead of just panel makers.

“The regulation should not contain any provisions for the testing of finished goods, such as furniture or cabinets,” Counts said. “If the raw board component parts are properly regulated, downstream users of these products will be required to purchase them, and to only use or resell these safe products to consumers.”

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