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Court Issues
Decision on
Formaldehyde
Rule
After years of starts, stops and even litigation, The Sierra Club filed suit against EPA, arguing
the path forward on the Environmental Protection that the extension was too long. NAHB joined
Agency’s formaldehyde emissions rule is finally with other trade associations to file a brief in the
clear. case, urging the court to uphold the extension
Today, an agreement on how the formaldehyde and to consider the consequences the composite
rule will be implemented was reached by EPA, wood industries — along with the industries that
the Sierra Club, and industry trade associations rely on these products — would experience if EPA’s
including NAHB. It was then approved by the U.S. extension were removed.
District Court for the Northern District of California. NAHB Remodelers member Robert Criner
NAHB had played a key role in clarifying the rule prepared a statement explaining how removing
in 2016, ensuring that remodelers were not treated the extension would make it difficult for
as “fabricators” and forced to comply with remodelers to provide accurate production
product testing and tracking requirements. schedules for their trades or meet agreed-upon
However, a number of NAHB members, such deadlines and pricing contracts with their clients.
as manufactured housing providers, are directly “While I do not know the specific pathway
regulated by the rule. this disruption may take, I can describe what
Moreover, all NAHB members would have been would happen to my business if any of these
impacted if the supply chain for cabinets, flooring disruptions occur,” Criner wrote. “I use the prices
and other composite wood products had been for building materials that are available to me at
disrupted. Any disruptions to the supply chain for the time the contract is signed to calculate the
these products would have increased prices and fixed fee.”
reduced availability. Forcing producers to change their
EPA’s formaldehyde rule originally gave the manufacturing processes on such short
composite wood industry until December 2017 notice would likely increase these prices, hurt
to comply with the emissions, labeling and his business and hurt his employees, he said.
recordkeeping requirements. But the rule was “Without a steady stream of income from
delayed for five months because of the transition customers whose projects are in various stages
between presidential administrations. That delay of completion, I cannot pay my employees, my
prevented EPA from properly implementing the trade contractors or myself. Multiple people
rule, so it extended the deadline by one year to could lose their jobs until compliant inventory
December 2018. becomes available,” he said.
20 APRIL 2018 | GREATER SAN ANTONIO BUILDERS ASSOCIATION
