08/08/2019 -- Earlier this week EPA signed the final technical corrections for the Formaldehyde Rule. This is good news for the cabinet industry and a great victory for KCMA. You will recall that KCMA has worked over the past two years to ensure that once a cabinet leaves a fabricator’s facility, it is not subject to notification or recall even if the fabricator later learns that a panel used in fabricating the cabinet came from a lot that did not meet the EPA emission limits for formaldehyde (a non-conforming lot). As a result of this work, the new rule has been updated to include:
- The non-complying lots provision (discussed in the preamble at pages 14-16, and it appears in the changes to section 770.22 at pages 33-34): If a fabricator, importer, distributor, or retailer is notified that they have been supplied a non-complying lot after those composite wood products have been fabricated into component parts or finished goods, the notification requirement at paragraph (d)(1) of this section does not apply.
- The preamble (pages 15-16) notes that prior to that point, fabricators need to be able to track panels back to particular lots: EPA understands that in some cases the management of panels once broken from bundles by a fabricator or other downstream entity can be a logistical challenge; however, the December 12, 2016 final rule and accompanying Response to Comments document (see EPA-HQ-OPPT-2016-0461-0034) made it clear that the onus is on the fabricator or downstream entity to be able to track all panels in their panel form back to the lot from which they came by some sort of labeling/marking method as required by 40 CFR 770.45(a). EPA believes that for a noncomplying lot event, requiring action by all entities in the supply chain who possess the panels in panel form prevents further distribution of the noncomplying panels in the supply and fabrication chains.