Toxic Substances Control Act (TSCA)
The Toxic Substances Control Act, first enacted in 1976 and significantly reformed in 2016 by the Lautenberg Chemical Safety Act, is the primary federal law governing chemicals in commerce, including those used in building materials.
Original TSCA Limitations
The original 1976 TSCA was widely criticized as ineffective. It grandfathered approximately 62,000 existing chemicals without requiring safety testing and placed the burden of proof on EPA to demonstrate harm before restricting chemicals. Only a handful of chemicals were regulated in 40 years.
2016 Lautenberg Reforms
The Frank R. Lautenberg Chemical Safety for the 21st Century Act significantly strengthened TSCA:
- Mandatory Evaluations: EPA must evaluate chemicals for safety, prioritizing high-risk substances
- Safety Standard: New "unreasonable risk" standard considers vulnerable populations including children and pregnant women
- Burden of Proof: Shifted to require affirmative safety finding, not just absence of proven harm
- Existing Chemicals: EPA must evaluate and address risks from legacy chemicals already in commerce
- New Chemicals: Premanufacture review required before new chemicals enter market
Impact on Building Materials
TSCA reform is slowly affecting building products as EPA evaluates priority chemicals. Early actions targeted asbestos, methylene chloride, and certain flame retardants. As evaluations progress, expect restrictions on additional chemicals found in flooring, adhesives, and finishes.
California's Influential Regulations
California has consistently led on chemical safety, establishing regulations that often become de facto national standards as manufacturers choose to comply everywhere rather than create California-specific products.
Proposition 65 (Safe Drinking Water and Toxic Enforcement Act)
Proposition 65 requires businesses to warn Californians about significant exposures to chemicals causing cancer or reproductive harm. The law:
- Covers over 900 listed chemicals
- Requires clear warnings on products or at point of sale
- Allows private enforcement through lawsuits
- Drives reformulation to avoid warning requirements
Many flooring products carry Prop 65 warnings due to trace chemicals in plastics, adhesives, or finishes. Presence of a warning doesn't necessarily indicate high risk—it reflects California's conservative thresholds.
CARB Formaldehyde Regulations
The California Air Resources Board (CARB) Airborne Toxic Control Measure limits formaldehyde emissions from composite wood products. Phase 2 standards (effective 2012) set strict limits that effectively became national standards as manufacturers complied universally. Requirements cover:
- Hardwood plywood
- Particleboard
- Medium density fiberboard (MDF)
- Products made with these materials (including some laminate flooring)
California Green Building Standards (CALGreen)
California's mandatory green building code includes requirements for low-emitting materials including flooring, adhesives, and finishes. These requirements influence other states' codes and building practices nationally.
EPA Air Quality and Emission Standards
The Environmental Protection Agency regulates indoor and outdoor air quality through various programs affecting building materials.
National Ambient Air Quality Standards (NAAQS)
While focused on outdoor air, NAAQS influences building material regulations by setting standards for pollutants that can originate from indoor sources and migrate outdoors. Manufacturing facilities producing flooring must meet emissions limits.
Safer Choice Program
EPA's voluntary program helps consumers identify products with safer chemical ingredients. Products earning the Safer Choice label meet EPA's safety criteria for ingredients. Some flooring maintenance products and adhesives carry Safer Choice certification.
VOC Content Limits
EPA and state programs limit VOC content in architectural coatings and adhesives. These regulations directly affect flooring installation products:
- Carpet adhesives: typical limit 50 g/L
- Resilient flooring adhesives: typical limit 50 g/L
- Wood flooring adhesives: typical limit 100 g/L
Formaldehyde Emission Standards
EPA's formaldehyde emission standards for composite wood products (based on CARB Phase 2) set national limits for particleboard, MDF, and hardwood plywood. These affect many flooring products containing composite wood components.
State-Level Chemical Policy Initiatives
Beyond California, other states have enacted significant chemical regulations affecting building materials, creating a patchwork of requirements that influences national practices.
Flame Retardant Restrictions
Multiple states have restricted specific flame retardant chemicals:
- Washington State: Banned certain PBDE and organophosphate flame retardants in residential furniture and children's products
- Maine: Created framework to identify and restrict priority chemicals including flame retardants
- Vermont: Restricted flame retardants in furniture
- Maryland, Rhode Island, New York: Similar restrictions enacted
Chemical Disclosure Requirements
Some states require disclosure of chemicals in products:
- Washington Children's Safe Products Act: Requires reporting chemicals of concern in children's products
- Oregon Toxic-Free Kids Act: Similar disclosure requirements
PFAS Restrictions
States are increasingly restricting PFAS ("forever chemicals") which can appear in some flooring treatments:
- Maine became first state to ban all non-essential PFAS uses
- Multiple states restrict PFAS in specific product categories
Living Building Challenge Red List Influence
While not government policy, the Living Building Challenge Red List has influenced state and local policies by identifying chemicals to avoid. Some jurisdictions reference Red List chemicals in their regulations.
How Regulations Impact Flooring Products
Chemical regulations have tangibly changed the flooring products available to consumers, generally improving safety while maintaining performance.
Formaldehyde Reduction
CARB Phase 2 and EPA regulations dramatically reduced formaldehyde in laminate flooring and engineered wood products. What was once a major indoor air quality concern has been largely addressed through regulatory action. Products meeting ULEF (ultra-low emitting formaldehyde) or NAF (no added formaldehyde) standards go beyond requirements.
Vinyl Flooring Evolution
Regulatory pressure and market demands have driven vinyl flooring reformulation:
- Phthalate-free plasticizer options now available from most manufacturers
- Heavy metal stabilizers largely replaced with calcium-zinc alternatives
- Low-VOC formulations standard for quality products
- FloorScore certification demonstrates compliance with emission standards
Adhesive Improvements
VOC content limits have driven development of low-VOC and zero-VOC flooring adhesives. Many products now meet LEED and other green building requirements while maintaining performance.
Carpet Changes
Flame retardant restrictions and emission concerns have led to:
- Reduction of brominated flame retardants
- CRI Green Label Plus certification becoming standard
- Improved backing and padding formulations
Future Regulatory Direction
Chemical policy continues evolving, with several trends likely to affect building materials in coming years.
Anticipated Developments
- Expanded TSCA Evaluations: EPA continues evaluating priority chemicals, with potential restrictions on formaldehyde, phthalates, and flame retardants affecting building products
- PFAS Restrictions: Federal and state action on PFAS will likely affect stain-resistant treatments and coatings
- EPR Programs: Extended Producer Responsibility requirements may require flooring manufacturers to fund end-of-life recycling
- Carbon Regulations: Emerging policies addressing embodied carbon may affect material selection
- Enhanced Disclosure: Trend toward greater ingredient transparency through regulations and market pressure
International Influence
European Union REACH regulation, which requires safety data for all chemicals sold in Europe, influences global manufacturers who often create single product lines meeting the strictest requirements. As EU tightens standards, U.S. products often follow.
Staying Informed
For updated information on chemical regulations affecting building materials:
- EPA Chemical Safety website for TSCA developments
- CARB website for California-specific regulations
- Healthy Building Network and Perkins&Will Transparency resource
Related resources: Building materials health impacts, low-emitting materials guide, and VOCs and indoor air quality.