[Federal Register Volume 80, Number 15 (Friday, January 23, 2015)]
[Rules and Regulations]
[Pages 3466-3468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01051]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Chapter II
[Docket No. CPSC-2015-0002]
Notice of Determination Under the Drywall Safety Act of 2012
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of determination.
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SUMMARY: The Consumer Product Safety Commission (CPSC, or Commission)
is announcing that, pursuant to the requirements of the Drywall Safety
Act of 2012 (DSA), the Commission has determined that: ASTM C1396-14a,
``Standard Specification for Gypsum Board,'' is a voluntary standard
for drywall manufactured or imported for use in the United States that
limits sulfur content to a level not associated with elevated rates of
corrosion in the home; ASTM C1396-14a became effective less than two
years after the enactment of the DSA; and ASTM C1396-14a was developed
by Subcommittee C11.01 on Specifications and Test Methods for Gypsum
Products of ASTM International. Based on these determinations, the
sulfur content limit in ASTM C1396-14a shall be treated as a consumer
product safety rule promulgated under the Consumer Product Safety Act
(CPSA). Drywall manufactured or imported for use in the United States
shall be subject to the general conformity certification (GCC)
requirements of the CPSA.
DATES: This action becomes effective on July 22, 2015.
FOR FURTHER INFORMATION CONTACT: Rohit Khanna, Office of Hazard
Identification and Reduction, U.S. Consumer Product Safety Commission,
5 Research Place, Rockville, MD 20850; telephone (301) 987-2508; email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
CPSC began investigating drywall in 2009, after reports from
homeowners that they were seeing corrosion of metal items inside their
homes. According to homeowners' reports, the items primarily involved
were electrical fixtures, appliances, plumbing, and air conditioner
coils. CPSC used the term ``problem drywall'' to refer to drywall
associated with elevated rates of metal corrosion. After CPSC's initial
investigations, CPSC joined with the U.S. Department of Housing and
Urban Development (HUD), the U.S. Centers for Disease Control and
Prevention (CDC), and the U.S. Environmental Protection Agency (EPA) to
form the Federal Interagency Task Force on Problem Drywall (Task
Force).
In the course of this investigation, samples of problem drywall
were analyzed for chemical content and emissions. CPSC staff analysis
of chemical content and emissions from problem drywall determined that
certain brands of drywall produced around the year 2006 contain
elevated levels of elemental sulfur (octahedral sulfur, S8)
and have elevated emission factors for hydrogen sulfide
(H2S) and other reactive sulfur gases known to corrode
materials containing copper and silver. CPSC staff's analysis of the
technical data also determined that the presence of elemental sulfur in
excess of 10 ppm in drywall is associated with elevated emission
factors for hydrogen sulfide (H2S) and other reactive sulfur
gases that are known to cause accelerated corrosion of copper and
silver in homes.
CPSC staff and HUD relied on the results of this analysis to
develop guidance materials to help homeowners identify homes with
problem drywall and to correct the problem by removing and replacing
the problem drywall and certain other components of the home. These
guidance documents are available on CPSC's Web site.\1\
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\1\ Identification Guidance for Homes with Corrosion from
Problem Drywall as of March 18, 2011, by the U.S. Consumer Product
Safety Commission and the U.S. Department of Housing and Urban
Development http://www.cpsc.gov//PageFiles/115328/IDguidance031811.pdf. Remediation Guidance for Homes with Corrosion
from Problem Drywall as of March 15, 2013, by the U.S. Consumer
Product Safety Commission and the U.S. Department of Housing and
Urban Development http://www.cpsc.gov//Global/Safety%20Education/Safety-Information-Centers/Drywall/remediation031513.pdf.
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II. The Drywall Safety Act of 2012
On January 14, 2013, the President signed the Drywall Safety Act of
2012 (DSA) into law. Pub. L. 112-266, 126 Stat. 2437 (2013). The DSA
established
[[Page 3467]]
several requirements related to problem drywall.
The Drywall Labeling Requirement. The DSA states that 180 days
after the date of enactment of the DSA, the gypsum board labeling
provisions of standard ASTM C1264-11 \2\ must be treated as a rule
promulgated by CPSC under section 14(c) of the CPSA. ASTM uses the more
technical term ``gypsum board'' to refer to the class of products that
CPSC refers to as ``drywall.'' The labeling provisions in ASTM C1264-11
are currently in effect as a CPSC mandatory standard. The DSA provides
a process for revision of the CPSC standard if ASTM revises the
labeling provisions in the ASTM standard and notifies the Commission of
the revision. To date, although ASTM has revised some provisions in
ASTM C1264-11, ASTM has not revised the labeling provisions.
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\2\ Standard Specification for Sampling, Inspection, Rejection,
Certification, Packaging, Marking, Shipping, Handling, and Storage
of Gypsum Panel Products.
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Revision of Remediation Guidance for Drywall Disposal Required. The
DSA requires the CPSC to revise CPSC's guidance entitled ``Remediation
Guidance for Homes with Corrosion from Problem Drywall'' to specify
that problem drywall removed from homes pursuant to the guidance should
not be reused or used as a component in the production of new drywall.
CPSC revised the Remediation Guidance as directed when CPSC published a
new Remediation Guidance on the CPSC Web site on March 15, 2013.
Sulfur Content Standard Requirement. The DSA requires CPSC to
promulgate a final rule pertaining to drywall manufactured or imported
for use in the United States within two years of the date of enactment
of the DSA. The rule must limit sulfur content ``to a level not
associated with elevated rates of corrosion in the home.'' As discussed
below, the rulemaking requirement does not apply if the Commission
makes certain determinations regarding an ASTM voluntary standard and
publishes the determinations in the Federal Register. With this
document, the Commission makes the necessary determinations.
III. Standard for Sulfur Content in Drywall
A. Determination
Section 4(a) of the DSA requires the Commission to promulgate a
final rule limiting sulfur content in drywall manufactured or imported
for use in the United States ``to a level not associated with elevated
rates of corrosion in the home.'' The rulemaking requirement does not
apply if the Commission determines that:
(a) A voluntary standard pertaining to drywall manufactured or
imported for use in the United States limits sulfur content to a level
not associated with elevated rates of corrosion in the home;
(b) The voluntary standard is in effect within two years of
enactment the DSA; and
(c) The voluntary standard is developed by ASTM International's
Subcommittee C11.01 on Specifications and Test Methods for Gypsum
Products.
Id. 4(c).
If the Commission makes such determinations, the sulfur content
limit in the voluntary standard pertaining to drywall manufactured or
imported for use in the United States ``shall be treated as a consumer
product safety rule under section 9 of the Consumer Product Safety
Act.''
Id. 4(d).
The Commission determines that the sulfur limit stated in section
4.7 of ASTM C1396-14a, Standard Specification for Gypsum Board, meets
the requirements of section 4(c) of the DSA. CPSC staff worked with the
relevant ASTM Subcommittee (ASTM Subcommittee C11.01 on Specifications
and Test Methods for Gypsum Products) to develop a test method for
elemental sulfur in gypsum products. The test method is stated in ASTM
Standard C471M, Test Methods for Chemical Analysis of Gypsum and Gypsum
Products (Metric). ASTM Subcommittee C11.01 then worked with CPSC staff
to develop a requirement stated in section 4.7 of ASTM C1396-14a
limiting the sulfur content of gypsum board. That provision requires
that gypsum board must contain not greater than 10 ppm of orthorhombic
cylooctasulfur (i.e., elemental sulfur or ``S8'') when
tested in accordance with the test methods for Determination of
S8 in Gypsum Panel Products by Liquid Extraction for
Analysis by Liquid or Gas Chromatography in sections 55-65 of ASTM
C471M.
In accordance with section 4(c) of the DSA, ASTM C1396-14a is a
voluntary standard pertaining to drywall manufactured or imported for
use in the United States stating that gypsum board (drywall) ``shall
contain not greater than 10 ppm of orthorhombic cyclooctasulfur
(S8).'' As discussed in the staff's briefing memorandum,\3\
this limit on sulfur content is consistent with CPSC staff's numerous
corrosion studies, which showed an association between high levels of
elemental sulfur (S8) in drywall and corrosion in the home,
but no association between sulfur levels that did not exceed 10 ppm and
elevated corrosion.
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\3\ Drywall Safety Act of 2012; Briefing Memorandum for Draft
Federal Register Notice, Sulfur Content in Drywall Standard http://www.cpsc.gov//Global/Newsroom/FOIA/CommissionBriefingPackages/2015/Drywall-Safety-Act-FR-Notice-Sulfur-Content-in-Drywall-Standard.pdf.
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ASTM C1396-14a was published and became effective October 14, 2014,
less than two years after enactment of the DSA. Finally, ASTM C1396-14a
was developed by Subcommittee C11.01 on Specifications and Test Methods
for Gypsum Products of ASTM International.
Based on these determinations the Commission finds that the
requirements of section 4(c) of the DSA have been met. Accordingly, the
sulfur content limit requirement stated in section 4.7 of ASTM C1396-
14a is a consumer product safety rule under the CPSA.
B. Effective Date and Certification
DSA section 4(d) provides that if the Commission determines that a
voluntary standard meets the requirements of section 4(c) of the DSA,
the sulfur content limit stated in the voluntary standard shall be
treated as a consumer product safety rule beginning on the later of:
180 days after publication of the Commission's
determination; or
the effective date stated in the voluntary standard.
ASTM C1396-14a took effect when the standard was published on
October 14, 2014. Therefore, the sulfur content limit stated in ASTM
C1396-14a shall be treated as a consumer product safety rule effective
180 days after publication of this determination in the Federal
Register.
Section 14(a)(1) of the CPSA requires that every manufacturer of a
product that is subject to a consumer product safety rule and is
imported into or distributed in the United States must certify that the
product complies with all applicable CPSC rules, rules, bans,
standards, or regulations. 15 U.S.C. 2063(a)(1). As a product subject
to a consumer product safety rule, drywall imported into or distributed
in the United States will be subject to the certification requirements
of section 14(a)(1) of the CPSA (15 U.S.C. 2063(a)(1)) and the
Commission's certification regulations at 16 CFR part 1110 once the
voluntary standard sulfur limit requirement is in effect as a consumer
product safety standard. Drywall manufactured or imported on or after
the effective date must comply
[[Page 3468]]
with the sulfur content limits of ASTM C1396-14a and must be
accompanied by a general certification of compliance (GCC).
Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-01051 Filed 1-22-15; 8:45 am]
BILLING CODE 6355-01-P