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USA – EPA was judged illegally delaying the enforcement date of formaldehyde emission standards for composite wood products rule (TSCA Title VI)

march 2018 - Relevant for: electrical & electronics INDUSTRY

On 16 February 2018, a judge has ruled that the U.S. Environmental Protection Agency (EPA) has no authority to delay the rule¹ finalised on 12 December 2016 which was supposed to take effect on 12 December 2017.

Subsequent to the passing of the Formaldehyde Emission Standards for Composite Wood Products Act of 2010 (aka 2010 Formaldehyde Act) in the congress, EPA was required to adopt California’s formaldehyde emission standards for composite wood products to set limits on the formaldehyde gas released from different kinds of wood products produced and sold in the United States.

Noting that the EPA has acted in excess of its statutory authority and hence unlawfully under the Administrative Procedure Act (APA), the court decided² to vacate and set aside the year-long extension³ to 12 December 2018 of the compliance deadlines set out by the EPA in the Delay Rule.

The Court has directed both EPA and the plaintiff to confer on the timely implementation of the Court’s order and report to the Court by March 9, 2018.

[1] Final Rule in the Federal Register dated 12 December 2016
[2] Court Judgment
[3] Compliance date amendment