ICYMI: Court Rules on Sierra Club Case to Determine Final TSCA Title VI Compliance Dates; Industry and NGOs Work Together

ICYMI: Court Rules on Sierra Club Case to Determine Final TSCA Title VI Compliance Dates; Industry and NGOs Work Together

On March 13, 2018, the U.S. District Court of Northern California approved a joint stipulation agreement
between the Sierra Club, the U.S. Environmental Protection Agency (EPA), the Composite Panel
Association (CPA) and other trade groups that filed amicus briefs in the Sierra Club case against EPA. The
agreement establishes the final implementation dates for EPA’s Toxic Substances Control Act (TSCA) Title
VI, Formaldehyde Emission Standards for Composite Wood Products regulation. Jackson Morrill, president
of the Composite Panel Association (CPA) states,

“CPA and its members are extremely pleased with the terms of the stipulated agreement. It represents a
remarkable example of cooperation between the Sierra Club, industry, and the Justice Department and
EPA.

“Since 2008, the North American composite wood panel industry has voluntarily committed to
implementing the California Air Resources Board (CARB) Airborne Toxic Control Measure (ATCM) emission
levels on a nation‐wide basis. This 10‐year effort has been critical in establishing the industry’s reputation
for good stewardship and commitment to implementing the world’s most stringent emissions
requirements.

“CPA’s longstanding engagement on this issue has also helped build unique technical expertise, which
during negotiations, ensured that all parties understood the potentially grave implications of the Court’s
initial ruling. CPA was also critical in facilitating a constructive dialogue between the Sierra Club and the
other parties. We thank both the Sierra Club and the Justice Department for their willingness to engage
with all impacted industries to find a practical solution.

“The stipulated agreement serves two purposes. First, it requires manufacturers and importers to meet
the TSCA Title VI emission levels at an earlier date (June 1), limiting the flow of composite wood products
into the country that are not currently meeting the CARB Phase 2 levels. At the same time, however, it
provides much‐needed flexibility to the marketplace by recognizing CARB Phase 2‐certified composite
wood products as compliant with TSCA Title VI through March 22, 2019. This period of CARB‐2 reciprocity
will provide manufacturers the ability to certify their CARB compliant products to the new TSCA Title VI
system, while EPA is addressing some minor, but important, remaining issues still embedded in the
regulation. We look forward to continuing to work with EPA to resolve these items in a timely manner.

“The North American industry has remained committed to supporting a national standard for composite
wood products, and we eagerly await implementation of this regulation and strong enforcement to
ensure a level playing field worldwide.”

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