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(a) This part contains formaldehyde emission standards, testing and certification provisions, and other requirements for the manufacture (including import), distribution, and sale of composite wood products, component parts that contain composite wood products, and finished goods that contain composite wood products.
(b) This part applies to:
(1) Laboratory Accreditation Bodies (ABs) and Product ABs that are accrediting third-party certifiers (TPCs) for TSCA Title VI (15 U.S.C. 2697(d)) purposes and those that wish to commence accrediting TPCs for TSCA Title VI purposes.
(2) TPCs that are certifying composite wood products for TSCA Title VI compliance and those that wish to commence certifying composite wood products for TSCA Title VI compliance.
(3) Any composite wood products, and component parts or finished goods containing these materials, that are sold, supplied, offered for sale, or manufactured (including imported) in the United States, including composite wood products used or installed in manufactured housing.
(c) Subparts B, C, and D of this part do not apply to the following:
(1) Any finished good that has previously been sold or supplied to an end user, an individual or entity that purchased or acquired the finished good in good faith for purposes other than resale. For example, subparts B, C, and D of this part do not apply to antiques or secondhand furniture.
(3) Structural plywood, as specified in PS 1–09, Structural Plywood (incorporated by reference, see § 770.99).
(4) Structural panels, as specified in PS 2–10, Performance Standard for Wood–Based Structural–Use Panels (incorporated by reference, see § 770.99).
(5) Structural composite lumber, as specified in ASTM D5456–14b, Standard Specification for Evaluation of Structural Composite Lumber Products (incorporated by reference, see § 770.99).
(6) Oriented strand board.
(7) Glued laminated lumber, as specified in ANSI A190.1–2017, Standard for Wood Products—Structural Glued Laminated Timber (incorporated by reference, see § 770.99).
(8) Prefabricated wood I–joists, as specified in ASTM D5055–16, Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I–Joists (incorporated by reference, see § 770.99).
(9) Finger-jointed lumber.
(10) Wood packaging, including pallets, crates, spools, and dunnage.
(11) Composite wood products used inside the following:
(i) New vehicles (other than recreational vehicles) that are constructed entirely from new parts and that have never been the subject of a retail sale or registered with the applicable State or other governmental agency.
(ii) New rail cars.
(iii) New boats.
(iv) New aerospace craft.
(v) New aircraft.
(d) The emission standards in § 770.10 do not apply to windows that contain composite wood products, if the windows contain less than five percent by volume of composite wood products, combined, in relation to the total volume of the finished window.
(e) The emission standards in § 770.10 do not apply to exterior doors and garage doors that contain composite wood products, if:
(1) The doors are made from composite wood products manufactured with no-added formaldehyde-based resins or ultra low-emitting formaldehyde resins; or
(2) The doors contain less than three percent by volume of composite wood products, combined, in relation to the total volume of the finished exterior door or garage door.
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.770.1 Scope and applicability - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-770-1/
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