EDF Health

Selected tag(s): Formaldehyde Act

Formaldehyde delay rule – another defeat for Trump EPA

Tom Neltner, J.D.is Chemicals Policy Director

March 17, 2018 update: The court ordered EPA's rule vacated as of June 1, 2018 based on an agreement by the parties.  This rule would have delayed the compliance deadline for the formaldehyde from composite wood products rule from 12/12/17 by one year.  The parties agreed that until March 22, 2019, products certified as compliant by the California Air Resources Board is sufficient to comply with EPA's rule. EPA has updated its webpage to provide details. The parties reserved their right to appeal the order.

On February 16, the Trump Administration’s Environmental Protection Agency (EPA) suffered another defeat in the courts.

In the latest case, the United States District Court for Northern California found that EPA violated the law when it gave industry a one-year delay to comply with formaldehyde emission standard for composite wood products. The standard was supposed to go into effect on December 12, 2017, one year after it was published in the Federal Register. Administrator Pruitt originally proposed a three month delay because, with the change in Administration, the agency failed to make a certification program essential to industry compliance operational, as originally planned. On September 25, 2017, the agency issued a final rule that gave a one-year extension instead, concluding that the delay “provides a balanced and reasoned timeline for importers, distributors, and regulated entities to establish compliant supply chain and comply with the [rule].” It also extended other deadlines in the rule.

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