[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