EPA Requirement for Composite Wood TSCA Compliance Moved to June, Importer Certs Still Due March 2019
New formaldehyde emissions standards, record-keeping and labeling provisions in composite wood products will now take effect on June 1 due to a Northern California U.S. District Court decision in a lawsuit over the Environmental Protection Agency's delay of the compliance date. But Toxic Substances Control Act import certification requirements for composite wood products will still take effect March 22, 2019, the delayed compliance date set by a 2017 EPA final rule partially vacated by the court.
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The district court had previously vacated the EPA's order delaying implementation because it violated statutory language setting a timeline for compliance (see 1802210038). The court said the March 13 order, agreed to by the EPA, environmental groups and industry associations, is meant to "avoid the substantial disruption that would result from giving retroactive effect" of the EPA's rule, which had an original effective date of Dec. 12, 2017.
The new June 1 “manufactured-by” date “avoids treating any composite wood products manufactured (in the United States) or imported (into the United States) between December 12, 2017 and June 1, 2018 as being noncompliant," the court order said.
Though some trade groups had interpreted the court’s earlier order as having also invalidated EPA’s delay of the TSCA import certification, the new court order “clarifies” that the previous order only applied to the delay of emissions standards, record-keeping and labeling provisions. All other delays announced in EPA’s September 2017 final rule are still in effect (see 1709190032). “All other dates in the Delay rule are unchanged,” the International Wood Products Association said in an emailed update. “Therefore, the Import Certification will be required by CBP on March 22, 2019 (not reverting back to Dec. 12, 2018).”
The court order also provides for California Air Resources Board “reciprocity” until March 22, 2019. “Regulated composite wood panels and finished products containing such composite wood panels that are manufactured (in the U.S.) or imported (into the U.S.) prior to March 22, 2019 and certified as compliant with the CARB Phase 2 or TSCA Title VI emission standards by a [third-party certifier] approved by CARB and recognized by EPA [are] to be considered certified as compliant with the emission standards of the Formaldehyde Regulations and to be labeled as such,” the IWPA said.
The IWPA said it was pleased with the decision. “IWPA applauds the Court for issuing its order that ensures industry can implement the Court’s decision without significant supply disruptions or adverse impacts on the many small- to medium-sized businesses in the supply chain," IWPA Executive Director Cindy Squires said in an emailed statement. "The agreement allows for the new compliance date of June 1st to be prospective, and with enough time to allow product in inventory and in transit to be unaffected."
Email ITTNews@warren-news.com for a copy of the final order.