Guidance on Petitions to Exempt Additional Laminated Products Under the Formaldehyde Emissions Standards for Composite Wood Products Rule
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Background
Unless specifically exempted, beginning March 22, 2024, laminated product producers will also be defined as hardwood plywood panel producers and will be subject to the applicable formaldehyde emission standards requirements. EPA’s regulation at 40 CFR 770.4(a) describes current laminated products exemptions for certain products made with resins that emit no or ultra-low amounts of formaldehyde. Stakeholders may petition EPA to exempt additional laminated products from the definition of hardwood plywood in accordance with 40 CFR 770.4(b). EPA will review each submitted petition and, where appropriate, initiate a rulemaking based on the petition and seek public comment.
Recommended Information in Support of an Exemption Petition
Additional exemptions for laminated products that consistently emit below the hardwood plywood formaldehyde emission standard of 0.05 parts per million (ppm) should include certain supporting information about the laminated products and associated formaldehyde emissions so that the Agency can make a determination under 40 CFR 770.4(b). Available and relevant information supporting an individual petition could include (but is not limited to):
- Formaldehyde emission potential
- Veneer thickness, species, grade
- Manufacturing processes (e.g., press type/time/conditions)
- Environmental factors affecting emissions (e.g., humidity, temperature, etc.)
- Finishing process
- Business demographics (e.g., business size, anticipated impacts, etc.)
- Resin chemistry
- Costs and benefits, and
- Information on longevity of emission characteristics.
Additional guidance on relevant information that could be included in a petition under 40 CFR 770.4(b) can be found in the preamble to the 2016 formaldehyde emission standards for composite wood products final rule including discussion in Unit III.A.3.b.ii.2 (page 89685) of the final rule preamble.
In order for EPA to verify the submitted available and relevant information, the Agency recommends that submitters include, among other things, a basic study design for any sampling/test data submitted, with the following elements provided, including (but not limited to):
- Objectives of the Study - The study objective, which should guide the overall study design, and decisions needed or supported from the study’s submittal.
- Study Methods - This should include (but is not limited to) the following:
- Clearly described study design
- Quality control/assurance plan
- Sample selection protocol (indicate the reasoning behind the samples selected for study (i.e., how and why they are representative of the laminated products that are covered by the petition, etc.))
- Sample description and make-up (i.e., core, laminate, resins, top coat, etc.)
- Sample handling protocol
- Sample conditioning protocol
- Analytical method description (including any calculations or conversions used, if applicable, to determine results from a method to parts per million of formaldehyde emission standards if not using the standard quarterly or quality control testing methods found in the final regulation)
- Analytical testing protocol
- Results/Discussion
- Present the analytical testing results; discuss how non-detections are handled and what they mean relative to the emission results, etc.
- Discuss observed trends in formaldehyde emissions; factors that affect the emissions (alone or in conjunction with other factors); discuss if data indicates that emissions are expected to consistently meet the rule standards, etc.
- Conclusions - Provide a clear overall summary based on the results; discuss any shortcomings and uncertainties of the studies and how broadly the results can be extrapolated. Discuss if there is a need for further study or whether the study satisfies the objectives and why in the view of the petitioner it, alone or in conjunction with other information, supports the request for an exemption.
- Appendices: Attachments should be included with the study document, or otherwise provided, to validate the components or findings of the study itself, such as:
- Raw analytical data,
- Photos (as applicable)
- Resin and material data sheets
- Resin chemistry sheets (as applicable)
- Credentials of the laboratory conducting analysis (if applicable)
- Any additional information that support the findings and analysis in the study or conclusions
Petition Timing
Petitioners should submit this information as soon as possible to give the Agency ample time to take final action regarding a petition before the March 22, 2024, compliance date. EPA will review each submitted petition and, where appropriate, publish a proposed rule in the Federal Register based on the adequacy of the information received, indicating if the Agency intends to grant or deny the petition. EPA may deny petitions that lack sufficient information or analysis to justify an exemption. The proposed rule will include a public comment period of generally 30 days before EPA takes a final action.