Canadian Formaldehyde Emissions Regulations May Echo US Laws

Canada has proposed an approach to regulating formaldehyde emissions from composite wood products that may follow closely regulations adopted by the US in 2016. It's a plan the government says was supported by all stakeholders who submitted preliminary comments.

The US rule requires the products covered to comply with the requirements of the California Air Resources Board on formaldehyde emissions. It also sets out requirements for product traceability and certification. It is due to go into effect on 12 December, but the US EPA is engaged in a rulemaking process designed to delay several deadlines.

Canada intends to propose regulations in early 2018. Ahead of this, Health Canada and Environment and Climate Change Canada have released a proposed approach for consultation that takes into account feedback received after they published a notice of intent on 18 March.

The regulation is envisioned to cover all composite wood products, including laminated products and finished goods made from composite wood products, but would exempt those with naturally occurring traces of formaldehyde. The government is considering requirements for testing, labelling and recordkeeping.

It says it received comments from two industry associations, three NGOs, and one federal crown corporation, all "supportive of the development of formaldehyde regulations, suggesting alignment" with the US EPA standards and/or the related California standard.

Commenters also recommended:

taking a "precautionary approach" in considering alternatives to formaldehyde;
"effective management" of stockpiled products;

third-party labelling and tracking of components and products; and

a phase-in period for eventual removal of all formaldehyde uses.

The government says that commenters also requested the outlining of the inclusions and exclusions in the regulations, as well as clear definition of terms for the consumer products. This is to avoid confusion between standards in other jurisdictions and to increase compliance.

The document does not say outright that the rules will mirror the US regulation, but makes repeated reference to it. The proposed approach also notes that the government "is considering the CSA [Canadian Standards Association] standard and regulatory approaches taken in the US and other jurisdictions as models for designing the proposed federal regulations". The CSA created its voluntary standard for formaldehyde emissions to "harmonise" with the California rules.

More than half of Canada's exports of structural and wood panels go to the US, according to the document. It reports that the country exported more than $7bn in composite wood products in 2016 and imported some $3.6bn.

Stakeholders can submit comments until 1 September. The government will convene a "multi-stakeholder workshop" on the rules on 6 September.