Prero Quoted on EPA’s Review of TSCA Formaldehyde Emissions Standards

The article highlights EPA’s request for public comment on several aspects of the rule as part of the RFA Section 610 review process.

In discussing the scope of the review, Judah explained, “EPA will solicit public comment on five factors specified by the RFA: 1. The continued need for the rule. 2. The nature of comments or complaints received from the public. 3. The rule’s complexity. 4. The extent to which the rule overlaps, duplicates, or conflicts with other federal, state, or local requirements. 5. Whether technological, economic, or other changes have affected the rule since its adoption.”

Judah also noted the significance of the review for regulated industries that have invested heavily in compliance programs over the past decade. He said, “For an industry that has spent nearly a decade investing in compliance infrastructure, including emissions testing, third-party certification, recordkeeping systems, and supply-chain documentation, the review presents an opportunity to reassess whether the existing framework continues to strike an appropriate balance between regulatory objectives and compliance burdens.” 

Looking ahead, Judah predicted that stakeholder feedback would likely focus on several key compliance and implementation issues.

He noted that stakeholders’ comments to EPA are “likely to focus on several recurring issues, including the costs associated with third-party certification and recordkeeping requirements, the continued alignment between EPA and California standards, the treatment of imported products, and whether advances in testing methods and manufacturing technologies warrant modifications to existing compliance obligations.” 

EPA is accepting comments through October 13 as part of its review of the formaldehyde emissions standard, which was first finalized in 2016 pursuant to congressional directives under TSCA Title VI.

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