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The December 2016 final Standards originally designated three compliance dates, on the first, second, and seventh anniversaries of the publication date of the Standards in the Federal Register.
Panel producers, fabricators, importers, distributors, and retailers of composite wood products and finished goods made from those products were to become subject to the Standards beginning on a certain date, referred to as the “manufactured-by” date.
For imported products, the Standards regard the date of importation as the “manufactured-by” date.
The December 2016 Standards set December 12, 2017, as the “manufactured-by date” (one year after publication).
After reviewing the language of the 2010 legislation and the legislative history, the court found that Title VI requires that the emission limits take effect 180 days following the promulgation of the Standards.
After the CARB adopted its Airborne Toxic Control Measures to Reduce Formaldehyde from Composite Wood Products (ATCM) in 2008, Congress enacted the Formaldehyde Emission Standards for Composite Wood Products Act as Title VI to TSCA in 2010.
The parties to the litigation filed a joint stipulation and proposed order on March 9, 2018, envisioning a new June 1, 2018, initial compliance date.
On March 13, 2018, the court affirmed this date by an order.
This announcement followed an earlier federal district court decision that vacated a September 2017 EPA rulemaking that extended the compliance deadline for most obligations under the Standards to December 12, 2018.
The compliance date in dispute applies to emission limit compliance, recordkeeping, labeling, and sell-through.Title VI directed EPA to promulgate a federal regulation on formaldehyde emissions from composite wood products, using the CARB ATCM emissions limits.