On March 2018, in response to a court order and joint stipulation document issued by the U.S. District Court for the Northern District of California, the United States Environmental Protection Agency (EPA) issued an update to the compliance dates for products and groups subject to TSCA Title VI. The new compliance date amendment (gathered from the TSCA Title VI rule summary page) states:
- By June 1, 2018, and until March 22, 2019, 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 the 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, CARB-approved TPCs must comply with additional accreditation requirements in order to remain recognized as an EPA TSCA Title VI TPC and to continue certifying products as TSCA Title VI compliant. Regulated products manufactured in or imported into the United States after March 22, 2019 may not rely on the CARB reciprocity of 40 CFR 770.15(e) and must be certified and labeled as TSCA Title VI compliant by an EPA TSCA Title VI TPC with all of the required accreditations.
The compliance dates for import certification provisions, CARB TPCs transitioning to TSCA Title VI TPCs, and Laminated Producers were not affected.
As a TSCA Title VI TPC (Third-Party Certifier) with a global testing, inspection, and advisory footprint, we look forward to working with those subject to these requirements to comply and understand how to take ‘reasonable prudent precautions’ to mitigate risk in their supply chains. Contact us at [email protected] to learn more.