Consumer Product Safety Commission.
Notice of determination.
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.
This action becomes effective on July 22, 2015.
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
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, S
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.
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
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.
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.”
The Commission determines that the sulfur limit stated in section 4.7 of ASTM C1396–14a,
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 (S
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.
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
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