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On March 13, 2018, the U.S. District Court for the Northern District of California, issued an order addressing the litigation over the December 12, 2018 compliance date for the formaldehyde standards for composite wood products.
The relevant compliance dates are now:
By June 1, 2018 regulated composite wood panels and finished products containing such composite wood panels that are manufactured (in the United States) or imported (into the United States) must be certified as compliant with either TSCA Title VI or the California Air Resources Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II emission standards, which are set at identical levels, by a third-party certifier (TPC) approved by CARB and recognized by EPA. Previously, these products were required to be TSCA Title VI compliant by December 12, 2018.
Until March 22, 2019, regulated products certified as compliant with the CARB ATCM Phase II emission standards must be labeled as compliant with either the TSCA Title VI or the CARB ATCM Phase II emission standards. After March 22, 2019, the products must be certified and labeled as TSCA Title VI compliant.
After March 22, 2019, CARB-approved TPCs must comply with additional accreditation requirements to remain EPA-recognized.
The following compliance dates remain in effect per the September 25, 2017 final rule extending the compliance dates:
The date for import certification provisions from December 12, 2018 to March 22, 2019;
The date for laminated product producer provisions from December 12, 2023 to March 22, 2024;
The conclusion of the transition period for CARB Third-Party Certifiers (TPCs) from December 12, 2018 to March 22, 2019.
MTS reminds related companies to timely follow up on new laws and regulations, produce and export according to requirements, and pay attention to the requirements of the declaration of conformity. Scientific safety assessments must be carried out during the product design phase to the bulk production phase to ensure that relevant products meet the new regulatory requirements and avoid export risk.
