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Trump Administration Issues Regulatory Freeze on EPA Formaldehyde Regulation

President Trump issued an Executive Order over the weekend that freezes all recently published EPA regulations for a 60-day review period.  This review period delays the initial effective date for the EPA formaldehyde rule, pushing it from February 10 to March 21, 2017.  This change in effective date will only impact the deadline for accrediting bodies and third-party certifiers to register with the EPA.  The December 12, 2017 implementation date for all panel producers and fabricators to comply with the regulation’s emissions and other requirements remains unchanged. 

Since the formaldehyde rule was published in the Federal Register, it cannot be changed without further action by the Congress through the Congressional Review Act, which is highly unlikely, or through rulemaking by the EPA.  At this point, there is no clear indication that EPA will open the docket for further comment or initiate a rulemaking to make changes to the existing regulation. 

CPA will continue its advocacy efforts with EPA during this implementation delay to seek changes to the final regulation that address a handful of editorial and/or substantive issues, such as the restriction on labeling TSCA Title VI compliance until December 12, 2017.  See EPA Memo.  More info: Jackson Morrill

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