24 C.F.R. § 3280.308

Formaldehyde emission controls for composite wood products

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(a) Definitions. For purposes of this section, the definitions found in 40 CFR 770.3 apply.

(b) Formaldehyde emission levels. The following maximum formaldehyde emission standards apply whether the composite wood product is in the form of a panel or is incorporated into a component part or finished good:

(1) For hardwood plywood made with a veneer core or composite core, the maximum level is 0.05 parts per million (ppm) of formaldehyde;

(2) For medium density fiberboard, the maximum level is 0.11 ppm of formaldehyde;

(3) For thin medium density fiberboard, the maximum level is 0.13 ppm of formaldehyde; and

(4) For particleboard, the maximum level is 0.09 ppm of formaldehyde.

(c) Product certification and continuing qualification. Only certified composite wood products whether in the form of panels or incorporated into component parts or finished goods, are permitted to be used in manufactured homes sold, supplied, offered for sale, or manufactured in or imported into the United States, consistent with Environmental Protection Agency (EPA) product testing requirements at 40 CFR 770.15. See § 3280.406 for testing requirements for product certification and testing requirements for continuing qualification of formaldehyde emission levels.

(d) Panel label. Manufactured homes must use panels or bundles of panels that are labeled by a panel producer consistent with the labeling requirements at 40 CFR 770.45.

(e) Finished good certification label. Each manufactured home must be provided with a finished good certification label indicating that the home has been produced with composite wood products, or finished goods that contain composite wood products, that comply with the formaldehyde emission requirements of this part and 40 CFR part 770, consistent with § 3280.5(i).

(f) Non-complying lots. Composite wood products from non-complying lots (i.e., lots that exceed the applicable formaldehyde ppm) are not certified composite wood products and may not be used in manufactured homes except in accordance with 40 CFR 770.22.

(g) Stockpiling. The use of stockpiled inventory of composite wood products, whether in the form of panels or incorporated into component parts or finished goods, in manufactured homes, is prohibited in accordance with EPA regulations at 40 CFR 770.12(b) through (d).

(h) Third party certification. All composite wood products in paragraph (b) of this section must be certified by an agency or organization that has been recognized to participate in the EPA Toxic Substances Control Act (TSCA) Title VI Third Party Certification Program.

[85 FR 5566, Jan. 31, 2020]

Notes of Decisions

Cited in 7 cases, 1991–2009 · leading case: Harrison v. Skyline Corp., 686 S.E.2d 735 (W. Va. 2009).

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Harrison v. Skyline Corp., 686 S.E.2d 735 (W. Va. 2009). · cites it 6× “See 24 C.F.R. §§ 3280.308 and 3280.309. After the manufactured home was delivered and installed, the Harrisons modified the structure by adding hardwood flooring and a walk-in closet, and building on three decks and an extension to the home.”

MacMillan v. Redman Homes, Inc., 818 S.W.2d 87 (Tex. App. 1991). · cites it 2× “See 24 C.F.R. §§ 3280.308 et seq. (1990). The regulations expressly dictate the maximum level of formaldehyde gas that component products in mobile homes can emit, and they specify the precise warnings that must be given when a mobile home is sold.”

In Re Fema Trailer Formaldehyde Prods. Liab. Litig., 620 F. Supp. 2d 755 (E.D. La. 2009). · cites it 2× “24 C.F.R. § 3280.308 (a). This regulation expressly and specifically dictates the maximum level of formaldehyde gas that component products in mobile homes can emit.”

Shorter v. Champion Home Builders Co., 776 F. Supp. 333 (N.D. Ohio 1991). “24 C.F.R. 3280.308. As part of the regulatory scheme, HUD also requires that the manufacturer post a detachable warning to each manufactured home.”

In Re FEMA Trailer Formaldehyde Prods. Liab. Litig., 583 F. Supp. 2d 758 (E.D. La. 2008). “24 CFR § 3280.308 (a)(1) & (2). HUD requires that manufacturers use these materials to target an indoor ambient formaldehyde air quality level of 0.”

Mizner v. North River Homes, Inc., 913 S.W.2d 23 (Mo. Ct. App. 1995). “The sole question on appeal is whether state law damage claims for strict liability and negligence are preempted by HUD regulations promulgated under 42 U.”

Mahan v. Skyline Corp., 916 S.W.2d 401 (Mo. Ct. App. 1996). “§ 5401-5426 , and the regulations promulgated therefrom by the Secretary of the Department of Housing and Urban Development, 24 C.F.R. § 3280.308 , et seq.” The exact issue was presented to the Eastern District of this Court in Mizner v.”

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