[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Proposed Rules]
[Pages 54892-54901]
[FR Doc No: 2018-23592]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2018-0174; FRL-9984-14]
RIN 2070-AK47

Technical Issues--Formaldehyde Emission Standards for Composite
Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the regulations promulgated in a
final rule that published in the Federal Register on December 12, 2016,
concerning formaldehyde emission standards for composite wood products.
EPA is publishing these proposed amendments to address certain
technical issues and to further align the final rule requirements with
the California Air Resources Board (CARB) Airborne Toxic Control
Measures (ATCM) Phase II program. Addressing these technical issues
would add clarity for regulated entities. These revisions to the
existing rule would also streamline compliance programs and help to
ensure continued smooth transitions for supply chains to comply with
the requirements associated with regulated composite wood products.

DATES: Comments must be received on or before December 3, 2018.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2018-0174, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please

follow the instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Todd Coleman, National Program
Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be affected by this proposed rule if you manufacture
(including import), sell, supply, offer for sale, test, or work with
the certification of hardwood plywood, medium-density fiberboard,
particleboard, and/or products containing these composite wood
materials in the United States. The following list of North American
Industrial Classification System (NAICS) codes is not intended to be
exhaustive, but rather provides a guide to help readers determine
whether this document applies to them. Potentially affected entities
may include:
     Veneer, plywood, and engineered wood product manufacturing
(NAICS code 3212).
     Manufactured home (mobile home) manufacturing (NAICS code
321991).
     Prefabricated wood building manufacturing (NAICS code
321992).
     Furniture and related product manufacturing (NAICS code
337).
     Furniture merchant wholesalers (NAICS code 42321).
     Lumber, plywood, millwork, and wood panel merchant
wholesalers (NAICS code 42331).
     Other construction material merchant wholesalers (NAICS
code 423390), e.g., merchant wholesale distributors of manufactured
homes (i.e., mobile homes) and/or prefabricated buildings.
     Furniture stores (NAICS code 4421).
     Building material and supplies dealers (NAICS code 4441).
     Manufactured (mobile) home dealers (NAICS code 45393).
     Motor home manufacturing (NAICS code 336213).
     Travel trailer and camper manufacturing (NAICS code
336214).
     Recreational vehicle (RV) dealers (NAICS code 441210).
     Recreational vehicle merchant wholesalers (NAICS code
423110).
     Engineering services (NAICS code 541330).
     Testing laboratories (NAICS code 541380).
     Administrative management and general management
consulting services (NAICS code 541611).
     All other professional, scientific, and technical services
(NAICS code 541990).
     All other support services (NAICS code 561990).
     Business associations (NAICS code 813910).
     Professional organizations (NAICS code 813920).
    If you have any questions regarding the applicability of this
action, please consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. Comments Received on Technical Issues

    1. Stakeholder Feedback. Since the formaldehyde emission standards
for composite wood products final rule (see 89 FR 89674) was
promulgated on December 12, 2016, EPA has received letters, inquiries,
and general correspondence from industry stakeholders, including the
Composite Panel Association, Hardwood Plywood Veneer Association,
Kitchen Cabinet Manufacturers Association, and various EPA recognized
TSCA Title VI Third Party Certifiers (TSCA Title VI TPCs), regarding a
number of technical issues with the testing and certification
provisions of the rule. Stakeholders have requested EPA consider
amending certain provisions of the TSCA Title VI regulations to improve
regulatory clarity and further align the rule with the California Air
Resources Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II
program. Correspondence from these industry stakeholders is included in
the Supporting Documents section of the docket for this action.
    The Agency has taken other actions since publication of the
December 12, 2016 final rule to address other issues, including
allowing early labeling of compliant composite wood products (see 82 FR
31922), extending the compliance dates in the December 12, 2016 final
rule (see 82 FR 44533 and 83 FR 14375), and updating several voluntary
consensus standard versions as well as the equivalence provisions
between the American Society for Testing and Materials (ASTM) E1333-14
and ASTM D6007-14 test chambers (see 82 FR 5340).
    2. June 28, 2018 Public Meeting on the Technical Issues. On May 24,
2018, the Agency published a notice in the Federal Register (see 83 FR
24104) announcing a public meeting at the EPA headquarters office in
Washington, DC (with remote access available) on June 28, 2018 to
discuss and obtain input on the technical issues that stakeholders have
raised since the December 12, 2016 final rule. The publication of this
notice also opened a 60-day public comment period to allow the public
time to submit any additional data, information, or comments for the
Agency to consider in developing this proposal.
    During the June 28, 2018 public meeting, the Agency presented 11
technical issues and provided registered attendees the opportunity to
comment on each issue and raise any additional issues before the
conclusion of the meeting that had not been discussed. A transcript of
this public meeting, letters, correspondence, and background materials
are also posted in the Supporting Documents section of the docket for
this action.
    The Agency received 8 comments during the 60-day comment period
opened for the public meeting. Those comments, in addition to the
attendee feedback during the June 28, 2018 public meeting and the
previously submitted letters and correspondence following the December
12, 2016 final

rule, have resulted in the identification of technical issues that the
Agency is considering and, in most cases, addressing, by proposing to
amend the TSCA Title VI regulations in this proposed rule.
    Because the Agency has already taken public comment for 60 days on
the majority of technical issues after the Federal Register notice
announcing the public meeting (see 83 FR 24104) and given that the
commenters were generally supportive of these changes, the comment
period for this proposed action will be 30 days. Furthermore, the
Agency is considering the use of an immediate or 15-day effective date
upon publication of the final rule to provide regulated stakeholders
time to adjust their certification programs before, or as close as
possible to the March 22, 2019 TSCA Title VI rule's CARB reciprocity
end date (see 83 FR 14375). Certain of the technical issues being
proposed in this action would further align the TSCA Title VI program
with the CARB ATCM Phase II program and streamline compliance for those
entities currently certifying under CARB's program. Stakeholders have
noted that having the effective date for these amendments at or before
the March 22, 2019 TSCA Title VI rule's CARB Reciprocity date will
ensure TPC program consistency and provide regulatory certainty as
those programs can continue to operate as they have for years under the
CARB ATCM Phase II program.

B. What action is the Agency taking?

    a. Experimental resins and mill start-up and restart scenarios. The
Agency is aware that the final rule does not directly discuss
provisions for composite wood product mills that are starting up new
operations, or mills that are restarting operations after a cessation
in production, which would require working with a TSCA Title VI TPC to
establish new correlations for producing what was a previously
certified product. Stakeholders asked about this issue and requested
the Agency provide guidance on it in addition to guidance on a path for
products transitioning from research and development to regulated
composite wood products.
    On June 1, 2018, to address these two issues, the EPA posted
guidance in the form of frequently asked questions on the Agency's
formaldehyde homepage (Ref 1). In these frequently asked questions, the
Agency outlined an example approach that could lead to prompt
certification of composite wood products for start-up or restarting
mills and products transitioning from research and development to be
certified under the existing testing and certification provisions of
the rule. The Agency received comments from a few stakeholders (see
EPA-HQ-OPPT-2018-0174-0018, EPA-HQ-OPPT-2018-0174-0020, and EPA-HQ-
OPPT-2018-0174-0022) requesting the Agency to provide more example
approaches in the frequently asked questions. Stakeholders noted that
there are other scenarios that could be used which are not directly
identified in the existing frequently asked questions. EPA understands
the issue and notes that the example approach used in the existing
frequently asked questions is just one of many possible approaches
which would be permitted under the TSCA Title VI regulations. So long
as the TSCA Title VI TPC and panel producer are establishing a
certification program that complies with the TSCA Title VI regulations,
any such ``example'' or ``optional'' approach could be used. It is the
Agency's understanding that there could be numerous mill start up and
restart scenarios, which would be a challenge to accurately capture and
develop rule provisions for without being inadvertently limiting in
some way. The Agency believes the existing rule provisions and guidance
it has already provided in the frequently asked questions are adequate
and flexible enough to allow mills and TSCA Title VI TPCs to use their
expertise and work together to develop timely approaches that are
tailored to their specific scenarios and that ensure the manufacture of
composite wood products which are compliant with the rule. Accordingly,
EPA is not proposing new rule provisions for mill start-up and
restarts, or the use of new or otherwise experimental resins.
    b. Annual correlations between the third-party certifier ASTM E1333
or equivalent ASTM D6007 apparatus and any other mill quality control
testing method. EPA is proposing to amend the rule by removing the
requirement for annual correlations at Sec.  770.20(d). The rule
currently requires a showing of correlation between the TSCA Title VI
TPC's ASTM E1333-14 apparatus (or contract laboratory's ASTM E1333-14
apparatus) or equivalent ASTM D6007-14 apparatus and any other mill
quality control testing methods at Sec.  770.20(b) on an annual basis
for the first three years after initial correlation establishment, and
every two years thereafter to continue certifying composite wood
products. The CARB ATCM Phase II program does not require annual
correlations between the TPC (or contract laboratory) ASTM E1333-14
apparatus or equivalent ASTM D6007-14 apparatus and any other approved
method for quality control testing. The CARB ATCM Phase II program
requires that an initial correlation be established between the ASTM
E1333-14 apparatus (or contract laboratory's ASTM E1333-14 apparatus)
or equivalent ASTM D6007-14 apparatus and any other approved method for
quality control testing, and then be reestablished only when there is a
significant change in the operation at the mill or when there is a
reason to believe the correlation is no longer valid. Stakeholders have
requested that EPA amend Sec.  770.20(d) to align with the CARB ATCM
Phase II correlation requirement. CARB's ATCM requires panel producers
to work with a TPC to develop an initial correlation. CARB staff have
noted that requiring subsequent correlations only on an as-needed basis
(rather than requiring that a correlation be redeveloped annually) has
not reduced the quality of testing data or composite wood products
meeting the emission standard under the CARB ATCM Phase II program.
CARB staff have also noted that should there be any issue with the
validity of the correlation, the panel producer and TPC would notice
immediately as the results from quarterly and quality control testing
would vary considerably from what would be expected for any given
product type being tested. Stakeholders as well have expressed that the
removal of the annual correlation requirement would result in a
streamlined path to compliance while having no negative affect on the
validity of the test data received from either the TSCA Title VI TPC's
testing apparatus nor the mill quality control testing method at Sec.
770.20(b).
    c. Equivalence or correlation on like-size or similar sized
apparatuses. EPA is proposing an amendment to Sec.  770.20(d) to allow
the TSCA Title VI TPC to use their ASTM E1333-14 apparatus (or their
contract laboratory's ASTM E1333-14 apparatus) to demonstrate
equivalence to multiple ASTM D6007-14 apparatuses of a similar model or
size and construction located in the same TSCA Title VI TPC laboratory,
or contract laboratory. Similar model chambers would be those that are
manufactured by the same manufacturer and bear the same model number or
bear a model number that succeeds a previous model number that has been
discontinued or otherwise is no longer being manufactured but would be
deemed the equivalent by the manufacturer. Similar size and
construction chambers would have an identical chamber volume capacity
and be constructed in a way that would

result in the same sample holding capacity and operational parameters
(e.g., airflow speed, time to conduct testing, etc.) as another
chamber, but need not be made by the same manufacturer. The Agency
understands that CARB has allowed a similar approach under the ATCM
Phase II program and there has been no negative impact on generation of
data to demonstrate valid equivalence between test methods.
    EPA is also proposing to update the correlation requirement at
Sec.  770.20(d) to allow multiple similar model or size and
construction mill quality control test method apparatuses located at
any one physical mill quality control testing laboratory to demonstrate
correlation to the TSCA Title VI TPC test apparatus as required under
Sec.  770.20(d) in the same capacity as the amended equivalence
allowance. Although not currently discussed in the CARB ATCM Phase II
program, stakeholders note that some mills have multiple quality
control testing apparatuses of the same or like model at each mill
location, and being able to establish correlations to like model or
size and construction apparatuses located at any one physical mill
location would streamline compliance while having no impact on data
quality and quality control testing. EPA is proposing to codify this
interpretation of the TSCA Title VI regulation.
    d. Averaging of emission test results during quarterly and non-
complying lot testing. EPA is proposing to add subparagraph (iv) to
Sec.  [thinsp]770.20(c)(2) and amend subparagraph (i) at Sec.
[thinsp]770.22(c)(2) to align with the CARB ATCM Phase II program
regarding averaging test results during quarterly testing and non-
complying lot retesting. CARB's approved method for test results
averaging accounts for formaldehyde emission variability across any one
composite wood product panel while ensuring the products still meet the
applicable emission standards. CARB's method at 17 California Code of
Regulations section 93120.9(a)(2)(A) and (B)(2) and Appendix 2 (g)(8)
of its regulations includes allowing nine subsamples from any one panel
to be collected and tested in an ASTM E1333-14 or equivalent ASTM
D6007-14 apparatus in groups of three, resulting in three test values,
which are then averaged to obtain one final value that accounts for
emission variability across that one panel (Ref 2). Under these
requirements, the nine subsamples should be evenly distributed and
represent similar sizes to one another as they are collected from any
one panel.
    CARB does not address the averaging of test results for quality
control testing in the ATCM program. EPA is not proposing an update to
the quality control testing requirements; rather EPA is proposing to
explicitly allow averaging of data generated for quarterly testing and
non-complying lot retesting. EPA believes that this added clarity will
assist TSCA Title VI TPCs and panel producers in testing composite wood
products in the same capacity that they have been testing under the
CARB ATCM, and that this amendment will not reduce test data quality.
    e. Equivalence testing emission ranges. EPA is proposing to update
the requirement at Sec.  770.20(d) for TSCA Title VI TPCs to
demonstrate equivalence under specified emission ranges. The CARB ATCM
specifies that ten comparison tests must be conducted, consisting of at
least five comparison tests in two of three specified emission ranges.
CARB's ATCM at 17 California Code of Regulations section
93120.9(a)(2)(B)(3) specifies the three emission ranges as (1) low--for
products demonstrating formaldehyde emissions of less than 0.07 parts
per million (ppm); (2) intermediate--for products demonstrating
formaldehyde emissions from 0.07 ppm to less than 0.15 ppm; and (3)
upper--for products demonstrating formaldehyde emissions from 0.15 ppm
to 0.25 ppm (Ref 2). The current TSCA Title VI regulation does not
require demonstration of equivalence across separate emission ranges as
the CARB ATCM Phase II program does; rather, the TSCA Title VI
regulation requires that a minimum of five comparison sets are required
to represent the range of product emissions a TPC expects to certify.
EPA is proposing to align with CARB's ATCM and their requirement for
ten comparison tests, consisting of five comparison tests in two of the
three specified ranges (with a modification to the emission ranges and
a modification to the requirement for demonstration across two ranges
based on comments submitted by CARB) (see EPA-HQ-OPPT-2018-0174-0022).
    First, in the proposed emission ranges for the equivalence
comparison tests under the TSCA Title VI regulation, EPA proposes to
modify the values for the emission ranges from the current guidance
under the CARB ATCM Phase II program. EPA understands that CARB intends
to update their low emission range by changing the value to
formaldehyde emissions of less than or equal to 0.05 ppm, which would
change the intermediate range as well. This emission range corresponds
to the emission standard for hardwood plywood. EPA is aware of several
TPCs who only certify hardwood plywood and would prefer only
demonstrating equivalence in this range. EPA agrees that the low range
should be reserved for products that demonstrate formaldehyde emissions
of less than or equal to 0.05 ppm, and this will require a
corresponding adjustment to the intermediate range, which would begin
with the value of formaldehyde emissions greater than 0.05 ppm instead
of the current 0.07 ppm and cover those products with emissions up to
0.15 ppm. The upper emission range would remain the same for TSCA Title
VI TPCs and mills that choose to demonstrate equivalence of their
apparatuses at this upper range.
    The second modification EPA is proposing in the TSCA Title VI
regulation regarding testing emission ranges, which is a deviation from
the current guidance under the CARB ATCM Phase II program, involves the
requirement for demonstration of equivalence across two ranges if the
TSCA Title VI TPC will only certify composite wood products in either
the low or intermediate range, but not both. Regulated composite wood
products emitting formaldehyde at a value meeting the upper emission
range would not be compliant with the emission standards under the TSCA
Title VI regulation. EPA is proposing that those TSCA Title VI TPCs who
will only certify in one range may demonstrate equivalence for that
range only, using at least five comparison tests to demonstrate
equivalence in that range. TPCs certifying in two ranges would be
required to conduct at least five comparison tests in each range--for a
minimum number of ten comparison tests. The TSCA Title VI TPC would be
restricted to only certifying product in this emission range if they
choose to only demonstrate equivalence in one range (i.e., low,
intermediate, or upper according to Sec.  770.20(d)(1)(iv)(A) through
(C)). EPA is proposing to codify this in the TSCA Title VI regulation.
    f. Determination of equivalence only if mill uses TSCA Title VI TPC
for all testing. EPA is proposing to amend Sec.  770.20(d) to clarify
that mills that do not perform any testing on-site at the mill and
instead use their TSCA Title VI TPC for all quarterly and quality
control testing would not be required to establish correlation as they
are already using a TSCA Title VI TPC ASTM E1333-14 apparatus, or an
ASTM D6007-14 apparatus that has demonstrated equivalence. Stakeholders
have noted that when a panel producer uses the TSCA Title VI TPC for
all

testing under the TSCA Title VI regulation, they are using either an
ASTM E1333-14 or equivalent ASTM D6007-14 testing apparatus which as
the rule is currently written could lead one to interpret that the test
chamber must be correlated to itself. The EPA's posted guidance on this
issue in the form of a frequently asked question on the Agency's
formaldehyde homepage noted that the ASTM D6007-14 test apparatus that
shows equivalence to the TSCA Title VI TPCs ASTM E1333-14 test
apparatus according to Sec.  770.20(d) would necessarily show
correlation to itself under Sec.  770.20(d)(2) and could be used as a
quality control test method without additional correlation testing (Ref
1). EPA is proposing to codify this interpretation of the TSCA Title VI
regulation.
    g. Correlation coefficients and ``r'' values. EPA is proposing to
amend Sec.  770.20(d)(2) to expand the options for TSCA Title VI TPCs
and mills in establishing correlation coefficients and ``r'' values
beyond the linear regression model currently required by the TSCA Title
VI regulations, in order to include the CARB ATCM Phase II approved
cluster approach (also known as the point of origin approach in
practice) and threshold approach. CARB's alternative correlation
coefficient and ``r'' value method guidance document (CWP-10-001 [June
8, 2010]) outlines these two additional approaches for how TPCs
certifying composite wood products under the CARB ATCM Phase II program
may show correlation (Ref 3). EPA is proposing the addition of rule
provisions for the ``cluster approach'' and ``threshold approach'' in
Sec.  770.20(d)(2)(i) and updating the requirement for certification at
Sec.  770.15(c)(1)(vii) and Sec.  770.15(c)(2)(v). The addition of
these approaches will aid TSCA Title VI TPCs in meeting the correlation
requirements for manufacturers producing low formaldehyde-emitting
products. Although the cluster approach uses the same linear regression
line and ``r'' values listed at Sec.  770.20(d)(2)(ii), the threshold
approach does not. The threshold approach creates a ``do not exceed
limit'' for composite wood products which provides a margin of safety
relative to the maximum value of the data point clusters which are
achieved through the use of the existing linear regression testing or
the cluster approach.
    h. Notifications of exceedance of quality control limit (QCL). EPA
is proposing an amendment at Sec.  770.7(c)(4)(v)(C) to clarify that
notification of a non-complying lot through the EPA's Central Data
Exchange system by a TSCA Title VI TPC will be required within 72 hours
of the time when the TSCA Title VI TPC is notified of the third QCL
exceedance by a panel producer. EPA views this as a minor editorial
clarification that would amend the rule text such that the requirement
reads the way EPA had originally intended.
    i. No-added formaldehyde (NAF)-based resin and ultra-low-emitting
formaldehyde (ULEF) resin testing requirements. EPA is proposing the
amendment of the NAF and ULEF testing requirements to align with the
CARB ATCM Phase II program. The TSCA Title VI final rule requires that
under the NAF requirements at Sec.  770.17 a minimum of five tests be
conducted pursuant to the NAF two-year exemption application while
CARB's TPC Bulletin 1 notes that 13 tests are the minimum permitted for
a limited exemption (Ref 4). Additionally, the TSCA Title VI final rule
requires that under the ULEF requirements at Sec.  770.18, a minimum of
ten tests be conducted pursuant to the ULEF two-year exemption or
reduced testing application while CARB's TPC Bulletin 1 notes that 26
tests are the minimum permitted for a limited exemption (Ref 4).
Stakeholders note that although EPA will accept existing CARB executive
orders for NAF and ULEF products from panel producers in good standing
as outlined in Sec.  770.17(d) and Sec.  770.18(e), the two programs
are not equal in the number of samples required, and the CARB ATCM
Phase II program requires more samples. To promote regulatory
consistency between the two programs, the EPA is proposing to adopt the
CARB-required 13 tests for NAF and 26 tests for ULEF applications under
the TSCA Title VI NAF two-year exemption application and ULEF two-year
exemption or reduced testing application. The Agency does not believe
this amendment will alter in any significant way how TSCA Title VI TPCs
and panel producers currently conduct testing under the CARB ATCM Phase
II or TSCA Title VI program, as EPA allows the use of equal or more
stringent testing approaches (i.e., more tests) and it is EPA's
understanding that TSCA Title VI TPCs have continued to conduct testing
the same way they have done for years under the CARB ATCM Phase II
program.
    j. Voluntary Consensus Standards incorporated by reference at Sec.
770.99. EPA is proposing to update the references for two International
Organization for Standardization (ISO)/International Electrotechnical
Commission (IEC) voluntary consensus standards that were incorporated
by reference in the December 12, 2016 final rule. Although these
standards have been updated since the December 12, 2016 final rule was
published, they were updated after the Agency proposed to update other
voluntary consensus standards in an October 25, 2017 notice of proposed
rulemaking (see 82 FR 49302). Table 1 in this Unit outlines the
voluntary consensus standards that would be updated in this proposal
and the respective updated versions. All other standards in the
formaldehyde emission standards for composite wood products regulations
will continue to be incorporated by reference as they appear in the
existing regulation.

                                Table 1--Voluntary Consensus Standards Comparison
----------------------------------------------------------------------------------------------------------------
                                                                                Update to be promulgated
 Current standard established by final                                               effective [30 days from
           rule (81 FR 89674)                            Status                  publication of Federal Register
                                                                                notice of proposed rulemaking]
----------------------------------------------------------------------------------------------------------------
ISO/IEC 17025-2005(E) General            Updated version.......................  ISO/IEC 17025:2017(E) General
 requirements for the competence of                                               requirements for the
 testing and calibration laboratories.                                            competence of testing and
                                                                                calibration laboratories.
ISO/IEC 17011-2004(E) Conformity         Updated version.......................  ISO/IEC 17011:2017(E)
 assessments--General requirements for                                            Conformity assessments--
 accreditation bodies accrediting                                                 requirements for accreditation
 conformity assessments bodies.                                                   bodies accrediting conformity
                                                                                assessments bodies.
----------------------------------------------------------------------------------------------------------------

    EPA proposes to adopt the updated versions of the standards
referenced in Table 1. Specifically, EPA proposes to revise the current
references to sections 7.5 to 7.11 of the 2004 version of ISO/IEC 17011
to the corresponding sections 7.4 to 7.13 of the 2017 version. As well,
EPA proposes to revise the current reference to section 7.11 of the
2004

version of ISO/IEC 17011 to the corresponding section 7.9 of the 2017
version. EPA also understands that stakeholders prefer to use the
current versions of the standards in both regulatory and non-regulatory
programs stakeholders are involved with in their capacity as
accreditation bodies or TPCs. Any future versions or updates to
withdrawn/superseded standards will be announced by EPA through a
separate Federal Register document with opportunity for public comment.
    k. Clarification in the non-complying lot provisions. Stakeholders
requested clarity on the intent of the non-complying lot provisions at
Sec.  770.22 and how those provisions might apply to fabricators,
importers, retailers or distributors who are notified by panel
producers that a composite wood product they were supplied is found to
be non-compliant after those composite wood products have been further
fabricated into component parts or finished goods. The Agency
previously posted guidance on this issue in the form of frequently
asked questions on the Agency's formaldehyde homepage. The guidance
outlines the requirements for all entities in the supply chain and
makes clear that, if the panel is still in panel form, the entity in
possession of the non-compliant panel is to work with the panel
producer to isolate, treat, and retest the panels, as needed. If the
panels from the non-complying lot have been incorporated into component
parts or finished goods, the remainder of Sec.  770.22 does not apply
beyond when those panels were fabricated into the component parts or
finished goods (Ref 5).
    EPA notes that the regulatory intent behind the non-complying lot
provisions at Sec.  770.22 was to manage those non-compliant composite
wood products in their panel form and not after those panels have been
fabricated into component parts or finished goods. EPA understands that
it would be a significant tracking burden for fabricators to determine
exactly which component parts or finished goods those panels may have
been fabricated into and, therefore, impractical from a chain of
custody management approach. As such, the Agency proposes to include
the clarifying guidance in Sec.  770.22 to make clear the initial
regulatory intent of the December 12, 2016 final rule and promote
regulatory certainty.
    l. Labels on regulated composite wood products and finished goods
containing composite wood products at point of manufacture,
fabrication, and/or import. EPA is proposing to clarify in Sec.  770.45
that regulated composite wood products and finished goods containing
composite wood products must be labeled at the point of manufacture or
fabrication, and if imported, the label must be affixed to the product
as a condition of entry into the port. Under TSCA, the term
``manufacture'' includes import, meaning that regulated composite wood
products or finished goods containing such products imported into the
customs territory of the U.S. must be accompanied at the time of import
by a label as required by Sec.  770.45 and this proposed amendment
would just clarify this requirement. It is the Agency's understanding
that industry currently interprets and implements the Sec.  770.45
labeling provision as EPA originally intended (and is now proposing to
clarify).
    m. Labels on panels manufactured under NAF limited exemption at
Sec.  770.17 and ULEF limited exemption at Sec.  770.18. EPA is
proposing to clarify that panels manufactured under a limited exemption
at Sec.  770.17 and Sec.  770.18 from certain final rule requirements
or existing CARB executive orders for NAF and ULEF products from panel
producers in good standing as outlined in Sec.  770.17(d) and Sec.
770.18(e) may be labeled as TSCA Title VI ``compliant'' and need not
read ``certified.'' EPA understands that the regulatory language at
Sec.  770.45(a) requires the use of the term ``certified'' on composite
wood products. For the purposes of panels made under a limited
exemption at Sec.  770.17 and Sec.  770.18 or existing CARB executive
orders, however, the use of the term ``compliant'' should be allowed as
those panels have demonstrated they meet the emission standards and the
exemption requirement; however, they are not ``certified'' in the same
capacity that other composite wood products are due to the existing,
limited exclusion from certification requirements under Sec.  770.15
and Sec.  770.40(b).
    n. TSCA Title VI manufactured-by date. In the final rule, EPA also
intends to conform the manufactured-by date in the Code of Federal
Regulations to correspond to the manufactured-by date of June 1, 2018
resulting from the court order announced by EPA in a Federal Register
notice on April 4, 2018 (see 83 FR 14375). Specifically, EPA intends to
replace December 12, 2018 with June 1, 2018 in Sec.  770.2(e)
(introductory text), Sec.  770.2(e)(1), Sec.  770.2(e)(4), Sec.
770.10(a), Sec.  770.12(a), Sec.  770.15(a), Sec.  770.30(b)
(introductory text), and Sec.  770.30(c). For more information on the
litigation and court order, please see 83 FR 14375.

B. What is the Agency's authority for taking this action?

    These regulations are established under authority of section 601 of
TSCA, 15 U.S.C. 2697.

III. References

    The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. U.S. Environmental Protection Agency. Frequent Questions about
Starting-up New Composite Wood Mills and the Use of Experimental
Products and Resins. 2018. https://www.epa.gov/formaldehyde/frequent-questions-about-starting-new-composite-wood-mills-and-use-experimental.
2. California Air Resources Board. Airborne Toxic Control Measure to
Reduce Formaldehyde Emissions from Composite Wood Products. Final
Regulation Order. April 2008.
3. California Air Resources Board. Third Party Certification
Guideline: Establishing a Correlation with an Acceptable Correlation
Coefficient (``r'', Value). June 2010. https://www.arb.ca.gov/toxics/compwood/certifiers.htm.
4. California Air Resources Board. Third Party Certifier Bulletin 1
(revised). August 2012. https://www.arb.ca.gov/toxics/compwood/certifiers.htm.
5. U.S. Environmental Protection Agency. Frequent Questions for
Regulated Stakeholders about Implementing the Formaldehyde Standards
for Composite Wood Products Act. 2018. https://www.epa.gov/formaldehyde/frequent-questions-regulated-stakeholders-about-implementing-formaldehyde-standards.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 and 13563.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA, 44 U.S.C. 3501 et seq., because it does not create any
new reporting or recordkeeping obligations. OMB has previously approved
the information collection activities contained in the existing
regulations and has assigned OMB control number 2070-0185.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, the impact of concern
is any significant adverse economic impact on small entities. An agency
may certify that a rule will not have a significant economic impact on
a substantial number of small entities if the rule relieves regulatory
burden, has no net burden or otherwise has a positive economic effect
on the small entities subject to the rule. As addressed in Unit II.A.,
this action would not significantly alter the TSCA Title VI regulations
or supporting economic analysis for the December 12, 2016 final rule as
published and will provide technical amendments to further align the
EPA's TSCA Title VI program with the CARB ATCM Phase II program. This
action will relieve or have no net regulatory burden for directly
regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

F. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in
Executive Order 13132. It will not have substantial direct effects on
the states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This proposed rule would not impose substantial
direct compliance costs on Indian tribal governments. Thus, Executive
Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
Executive Order 13045 has the potential to influence the regulation. As
addressed in Unit II.A., this action would not significantly alter the
December 12, 2016 final rule as published and proposes technical
amendments to further align the EPA's TSCA Title VI program with the
CARB ATCM Phase II program.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This action involves technical standards. EPA is proposing the use
of the following voluntary consensus standards issued by International
Organization for Standardization/International Electrotechnical
Commission:
    1. ISO/IEC 17011:2017(E) Conformity assessments--requirements for
accreditation bodies accrediting conformity assessments bodies.
    2. ISO/IEC 17025:2017(E) General requirements for the competence of
testing and calibration laboratories.
    Copies of the standards referenced in the proposed regulatory text
at Sec.  770.3 and Sec.  770.7 have been placed in the docket for this
proposed rule. You may also obtain copies of these standards from the
International Organization for Standardization, 1, ch. de la Voie-
Creuse, CP 56, CH-1211, Geneve 20, Switzerland, or by calling +41-22-
749-01-11, or at http://www.iso.org. Additionally, each of these
standards is available for inspection at the OPPT Docket in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA, West Bldg., 1301 Constitution
Ave. NW, Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. The following voluntary consensus standards are being
updated: In the final rule, EPA intends to seek approval from the
Director of the Federal Register for the incorporation by reference of
the standards referenced in the final rule in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA has determined that this action will not have potential
disproportionately high and adverse human health or environmental
effects on minority, low-income or indigenous populations, as specified
in Executive Order 12898 (59 FR 7629, February 16, 1994). The Agency
presented the results of an environmental justice analysis in the
December 12, 2016 TSCA Title VI final rule economic analysis (see EPA-
HQ-OPPT-2016-0461-0028) and determined that the final rule did not have
disproportionately high and adverse human health or environmental
effects on minority, low-income or indigenous populations. This action
would not significantly alter the final rule or the environmental
justice analysis. The environmental justice analysis monetized the
benefits from reducing the number of cases of nasopharyngeal cancer and
sensory irritation and included an environmental justice analysis that
expanded on the primary benefits analysis by analyzing the monetized
impacts specifically for minority and low-income populations. This
action will propose technical amendments to further align the EPA's
TSCA Title VI program with the CARB ATCM Phase II program.

List of Subjects in 40 CFR Part 770

    Environmental protection, Formaldehyde, Incorporation by reference,
Reporting and recordkeeping requirements, Third-party certification,
Toxic substances, Wood.

    Dated: October 16, 2018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator.

    Therefore, it is proposed that 40 CFR chapter I, subchapter R, of
the Code of

Federal Regulations be amended as follows:

PART 770--[AMENDED]

0
 1. The authority citation for part 770 continues to read as follows:

    Authority: 15 U.S.C. 2697(d).

0
 2. In Sec.  [thinsp]770.2, revise paragraphs (e) introductory text and
(e)(1) and (4) to read as follows:

Sec.  [thinsp]770.2  Effective dates.

    (e) Beginning June 1, 2018, all manufacturers (including
importers), fabricators, suppliers, distributors, and retailers of
composite wood products, and component parts or finished goods
containing these materials, must comply with this part, subject to the
following:
    (1) Beginning June 1, 2018, laminated product producers must comply
with the requirements of this part that are applicable to fabricators.
* * * * *
    (4) Composite wood products manufactured (including imported)
before June 1, 2018 may be sold, supplied, offered for sale, or used to
fabricate component parts or finished goods at any time.
* * * * *

Sec.  770.3  [Amended]

0
3. In Sec.  [thinsp]770.3:
0
a. In the terms ``Assessment,'' ``Reassessment,'' ``TPC Laboratory,''
``Surveillance On-Site Assessment'' remove ``17011:2004(E)'' and add in
its place ``17011:2017(E);'' and,
0
b. In the terms ``EPA TSCA Title VI Laboratory Accreditation Body or
EPA TSCA Title VI Laboratory AB'' and ``TPC Laboratory,'' remove
``17025:2005(E)'' and add in its place ``17025:2017(E).''
0
4. In Sec.  [thinsp]770.7:
0
a. In paragraphs (a)(1)(ii), (a)(5)(ii), (b)(1)(ii), (b)(5)(ii) remove
``ISO/IEC 17011:2005(E)'' and add in its place ``ISO/IEC
17011:2017(E);'' and,
0
b. In paragraphs (a)(5)(i)(F), (b)(1)(iii), (b)(5)(i), (b)(5)(i)(A),
(c)(1)(ii), (c)(2)(iv), remove ``ISO/IEC 17025:2005(E)'' and add in its
place ``ISO/IEC 17025:2017(E);'' and,
0
c. Revise paragraph (c)(4)(v)(C).
    The revision reads as follows:

Sec.  [thinsp]770.7  Third party certification.

* * * * *
    (c) * * *
    (4) * * *
    (v) * * *
    (C) Notification of a panel producer exceeding its established QCL
for three consecutive quality control tests within 72 hours of the time
that the TPC becomes aware of the third exceedance. The notice must
include the product type, dates of the quality control tests that
exceeded the QCL, quality control test results, ASTM E1333-14
(incorporated by reference, see Sec.  770.99) or ASTM D6007-14 method
(incorporated by reference, see Sec.  770.99) correlative equivalent
values in accordance with Sec.  770.20(d), the established QCL value(s)
and the quality control method used.
* * * * *
0
5. In Sec.  [thinsp]770.10, revise paragraph (a) to read as follows:

Sec.  [thinsp]770.10  Formaldehyde emission standards.

    (a) Except as otherwise provided in this part, the emission
standards in this section apply to composite wood products sold,
supplied, offered for sale, or manufactured (including imported) on or
after June 1, 2018 in the United States. These emission standards apply
regardless of whether the composite wood product is in the form of a
panel, a component part, or incorporated into a finished good.
* * * * *
0
6. In Sec.  [thinsp]770.12, revise paragraph (a) to read as follows:

Sec.  [thinsp]770.12  Stockpiling.

    (a) The sale of stockpiled inventory of composite wood products,
whether in the form of panels or incorporated into component parts or
finished goods, is prohibited after June 1, 2018.
* * * * *
0
7. In Sec.  [thinsp]770.15, revise paragraphs (a), (c)(1)(vii) and
(c)(2)(v) to read as follows:

Sec.  [thinsp]770.15  Composite wood product certification.

    (a) Beginning June 1, 2018, only certified composite wood products,
whether in the form of panels or incorporated into component parts or
finished goods, are permitted to be sold, supplied, offered for sale,
or manufactured (including imported) in the United States, unless the
product is specifically exempted by this part.
* * * * *
    (c) * * *
    (1) * * *
    (vii) Correlation data and linear regression equation (or, under
the threshold approach, the correlation data and the upper limit); and
* * * * *
    (2) * * *
    (v) Correlation data and linear regression equation (or, under the
threshold approach, the correlation data and the upper limit); and
* * * * *
0
8. In Sec.  [thinsp]770.17, revise paragraph (a)(4) to read as follows:

Sec.  [thinsp]770.17  No-added formaldehyde based resin.

    (a) * * *
    (4) Three months of routine quality control tests under Sec.
770.20, including a showing of correlation in accordance with Sec.
770.20(d)(2), totaling not less than thirteen quality control tests.
* * * * *
0
9. In Sec.  [thinsp]770.18, revise paragraph (a)(4) to read as follows:

Sec.  [thinsp]770.18  Ultra low-emitting formaldehyde based resins.

    (a) * * *
    (4) Six months of routine quality control tests under Sec.  770.20,
including a showing of correlation in accordance with Sec.
770.20(d)(2), totaling not less than twenty-six quality control tests.
* * * * *
0
10. In Sec.  [thinsp]770.20:
0
a. Add paragraph (c)(2)(iv);
0
b. Revise paragraphs (d) and (d)(1);
0
c. Add paragraphs (d)(1)(iv) and (d)(1)(iv)(A) through (C);
0
d. Revise paragraphs (d)(2) introductory text and (d)(2)(i); and
0
e. Add paragraphs (d)(2)(i)(A) and (B).
    The additions and revisions read as follows:

Sec.  [thinsp]770.20  Testing requirements.

* * * * *
    (c) * * *
    (2) * * *
    (iv) Test results may represent a single chamber value or, the
average value of testing nine specimens representing evenly distributed
portions of an entire panel. The nine specimens must be tested in
groups of three specimens, resulting in three test values, which must
be averaged to represent one data point for the panel those specimens
represent.
* * * * *
    (d) Equivalence or correlation. Equivalence between ASTM E1333-14
(incorporated by reference, see Sec.  770.99) and ASTM D6007-14
(incorporated by reference, see Sec.  [thinsp]770.99) must be
demonstrated by EPA TSCA Title VI TPCs at least once each year or
whenever there is a significant change in equipment, procedure, or the
qualifications of testing personnel, or reason to believe that the
equivalence is no longer valid. Equivalence may be demonstrated between
several similar model or size and construction ASTM E1333-14
(incorporated by reference, see Sec.  770.99) and ASTM D6007-14
(incorporated by reference, see Sec.  [thinsp]770.99) apparatuses
located in the same EPA TSCA Title VI TPC laboratory. Once

equivalence has been established for three consecutive years,
equivalence must be demonstrated every two years or whenever there is a
significant change in equipment, procedure, or the qualifications of
testing personnel. Correlation between ASTM E1333-14 (incorporated by
reference, see Sec.  770.99) or, upon a showing of equivalence in
accordance with paragraph (d) of this section, ASTM D6007-14
(incorporated by reference, see Sec.  770.99) and any other test method
used for quality control testing must be demonstrated by EPA TSCA Title
VI TPCs or panel producers, respectively, before the certification of
composite wood products, and then whenever there is a significant
change in equipment, procedure, the qualifications of testing
personnel, or reason to believe that the correlation is no longer
valid. Correlation may be established between several similar model or
size and construction mill quality control test methods defined in
Sec.  770.20(b)(1) located at any one physical mill quality control
testing laboratory to the EPA TSCA Title VI TPC's laboratory's ASTM
E1333-14 (incorporated by reference, see Sec.  770.99) and/or ASTM
D6007-14 (incorporated by reference, see Sec.  [thinsp]770.99)
apparatus. If the TPC laboratory's ASTM E1333-14 or equivalent ASTM
D6007-14 test chamber is used for panel producer quality control
testing, no correlation as determined in Sec.  [thinsp]770.20(d)(2)
would be required.
    (1) Equivalence between ASTM E1333-14 and ASTM D6007-14 when used
by the TPC for quarterly testing. Equivalence must be demonstrated for
at least five comparison sample sets in each range tested by the TPC,
which compare the results of the two methods. Equivalence must be
demonstrated for any ranges listed in Sec.  [thinsp]770.20(d)(1)(iv)
that represent the formaldehyde emissions of composite wood products
tested by the TPC.
* * * * *
    (iv) Equivalence Ranges. EPA TSCA Title VI TPCs must demonstrate
equivalence in at least two of the three formaldehyde emission ranges
listed in (d)(1)(iv)(A) through (C) of this section unless the EPA TSCA
Title VI TPC will only certify products in one range. If the EPA TSCA
Title VI TPC will only certify products in one range, the EPA TSCA
Title VI TPC may demonstrate equivalence in only that one range and
would then be restricted to only certifying composite wood products in
that range. Equivalence in one range must be demonstrated for at least
five comparison sample sets in that range which compare the two
methods.
    (A) Lower Range: Less than, or equal to 0.05 ppm.
    (B) Intermediate Range: Greater than 0.05 ppm to less than or equal
to 0.15 ppm.
    (C) Upper Range: Greater than 0.15 to 0.25 ppm.
    (2) Correlation between ASTM E-1333-14 (incorporated by reference,
see Sec.  [thinsp]770.99), or equivalent ASTM D6007-14 (incorporated by
reference, see Sec.  [thinsp]770.99), and any quality control test
method. Correlation must be demonstrated by establishing an acceptable
correlation coefficient (``r'' value) or following the threshold
approach at Sec.  770.20(d)(2)(i)(B).
    (i) Correlation. The correlation must be based on a minimum sample
size of five data pairs and a simple linear regression (unless the
threshold approach at Sec.  770.20(d)(2)(i)(B) is used) where the
dependent variable (Y-axis) is the quality control test value and the
independent variable (X-axis) is the ASTM E1333-14 (incorporated by
reference, see Sec.  770.99) test value or, upon a showing of
equivalence in accordance with paragraph (d) of this section, the
equivalent ASTM D6007-14 (incorporated by reference, see Sec.  770.99)
test value. Either composite wood products or formaldehyde emissions
reference materials can be used to establish the correlation.
    (A) Cluster Approach. A panel producer may work with its EPA TSCA
Title VI TPC to develop a correlation and linear regression between the
TPC's ASTM E1333-14 (incorporated by reference, see Sec.
[thinsp]770.99) or equivalent ASTM D6007-14 (incorporated by reference,
see Sec.  [thinsp]770.99) test method and the panel producer's quality
control method under Sec.  [thinsp]770.20(b). In the event of clustered
test results, a panel producer may fit a line through a point near the
origin (the intersection of the X and Y axes) and the average value of
the clustered data pairs. The point near the origin should represent
the value for the EPA TSCA Title VI TPC's ASTM E1333-14 (incorporated
by reference, see Sec.  [thinsp]770.99) or equivalent ASTM D6007-14
(incorporated by reference, see Sec.  [thinsp]770.99) test method and
the panel producer's quality control method under Sec.
[thinsp]770.20(b) when each testing apparatus is empty or when a very
low emitting sample is tested. The average value of the clustered data
pairs represents the average of a minimum of five data pairs that
compare the test results of the EPA TSCA Title VI TPC's ASTM E1333-14
(incorporated by reference, see Sec.  [thinsp]770.99) or equivalent
ASTM D6007-14 (incorporated by reference, see Sec.  [thinsp]770.99)
test method with the panel producer's quality control method under
Sec.  [thinsp]770.20(b). The line between the point near the origin and
the average value of the cluster provides the linear regression. This
line may be used by the panel producer and TPC to develop a quality
control limit for the product.
    (B) Threshold Approach. As an alternative to the linear regression
and cluster approaches, a panel producer may use the average value of
the clustered data pairs from the EPA TSCA Title VI TPC's ASTM E1333-14
(incorporated by reference, see Sec.  [thinsp]770.99) or equivalent
ASTM D6007-14 (incorporated by reference, see Sec.  [thinsp]770.99)
test method and the panel producer's quality control method under Sec.
[thinsp]770.20(b) as the quality control limit for the product. In this
approach, no linear regression line is established. The average value
would be assigned as the upper limit for production of the subject
composite wood product, providing a margin of safety relative to the
maximum value of the data cluster. This value, established as the
quality control limit, must be below the applicable emission standard.
* * * * *
0
11. In Sec.  [thinsp]770.22, revise paragraph (c)(2)(i) and add
paragraph (f)(1) to read as follows:

Sec.  [thinsp]770.22  Non-complying lots.

* * * * *
    (c) * * *
    (2) * * *
    (i) At least one test panel must be randomly selected so that it is
representative of the entire non-complying lot and is not the top or
bottom panel of a bundle. Panel sampling shall be conducted according
to the quarterly testing procedure at Sec.  [thinsp]770.20(c)(2)(iv).
The panel may be selected from properly stored samples set aside by the
panel producer for retest in the event of a failure.
* * * * *
    (f) * * *
    (1) If a fabricator, importer, distributor, or retailer is notified
that they have been supplied a non-complying lot after those composite
wood products have been fabricated into component parts or finished
goods, the notification requirement at paragraph (d)(1) of this section
does not apply.
0
12. In Sec.  [thinsp]770.30, revise paragraphs (b) introductory text
and (c) to read as follows:

Sec.  [thinsp]770.30  Importers, fabricators, distributors, and
retailers.

* * * * *
    (b) Importers must demonstrate that they have taken reasonable
precautions

by maintaining, for three years, bills of lading, invoices, or
comparable documents that include a written statement from the supplier
that the composite wood products, component parts, or finished goods
are TSCA Title VI compliant or were produced before June 1, 2018 and by
ensuring the following records are made available to EPA within 30
calendar days of request:
* * * * *
    (c) Fabricators, distributors, and retailers must demonstrate that
they have taken reasonable precautions by obtaining bills of lading,
invoices, or comparable documents that include a written statement from
the supplier that the composite wood products, component parts, or
finished goods are TSCA Title VI compliant or that the composite wood
products were produced before June 1, 2018.
* * * * *
0
13. In Sec.  [thinsp]770.45, revise paragraph (a) introductory text and
add paragraph (f) to read as follows:

Sec.  [thinsp]770.45  Labeling.

    (a) Panels or bundles of panels that are imported, sold, supplied,
or offered for sale in the United States must be labeled with the panel
producer's name, the lot number, the number of the EPA TSCA Title VI
TPC, and a statement that the products are TSCA Title VI certified (or,
for products exempt from certain testing and certification pursuant to
Sec. Sec.  770.17 or 770.18, a statement that the products are TSCA
Title VI compliant). If a composite wood panel is not individually
labeled, the panel producer, importer, distributor, fabricator, or
retailer must have a method (e.g., color-coded edge marking) sufficient
to identify the supplier of the panel and linking the information on
the label to the products. This information must be made available to
potential customers upon request. The label may be applied as a stamp,
tag, or sticker.
* * * * *
    (f) All panels (or bundles of panels) and finished goods (or boxes
or bundles containing finished goods) must be properly labeled pursuant
to paragraphs (a), (b), and (c) of this section before being imported
into the United States, except as provided in paragraph (e) of this
section.
0
14. In Sec.  [thinsp]770.99, revise paragraphs (e)(1) and (3) to read
as follows:

Sec.  [thinsp]770.99  Incorporation by reference.

* * * * *
    (e) * * *
    (1) ISO/IEC 17011:2017(E) Conformity assessments--requirements for
accreditation bodies accrediting conformity assessments bodies (Second
Edition), November 2017.
* * * * *
    (3) ISO/IEC 17025:2017(E) General requirements for the competence
of testing and calibration laboratories (Third Edition), November 2017.
* * * * *
[FR Doc. 2018-23592 Filed 10-31-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69015-69018]
[FR Doc No: 2023-22078]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-1213; Project Identifier MCAI-2022-01615-T;
Amendment 39-22561; AD 2023-20-02]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2022-18-
12, which applied to all Airbus SAS Model A330-841 and -941 airplanes.
AD 2022-18-12 required installing serviceable engine electronic control
(EEC) software or EEC units having the serviceable software, limiting
certain parts installation configurations, and prior or concurrent
modification of EEC software. This AD was prompted by a determination
that engine crystal icing protection could be (temporarily) lost if an
erroneous total pressure value is provided by the airplane system,
which is addressed through EEC software. This AD continues to require
certain actions in AD 2022-18-12 and requires adding new limitations
for intermixing of certain EEC software standards and a new operational
limitation for engines with certain EEC software installed, as
specified in a European Union Aviation Safety Agency (EASA) AD, which
is incorporated by reference. This AD also prohibits the installation
of certain engines under certain conditions. The FAA is issuing this AD
to address the unsafe condition on these products.

DATES: This AD is effective November 9, 2023.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 9,
2023.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-1213; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this final rule, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
address for Docket Operations is U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference in this AD, contact
EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email [email protected]; website easa.europa.eu. You may
find this material on the EASA website at ad.easa.europa.eu.
     You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available in the AD docket at
regulations.gov under Docket No. FAA-2023-1213.

FOR FURTHER INFORMATION CONTACT: Tim Dowling, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-
231-3667; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2022-18-12, Amendment 39-22163 (87 FR
56561, September 15, 2022) (AD 2022-18-12). AD 2022-18-12 applied to
all Airbus SAS Model A330-841 and -941 airplanes. 2022-18-12 required
installing serviceable EEC software or

EEC units having the serviceable software, limiting certain parts
installation configurations, and prior or concurrent modification of
EEC software. The FAA issued AD 2022-18-12 to address erroneous
electronic centralized airplane monitoring (ECAM) engine oil pressure
warnings, which could lead to dual engine in-flight shutdown and result
in reduced control of the airplane.
    The NPRM published in the Federal Register on June 16, 2023 (88 FR
39379). The NPRM was prompted by AD 2022-0253, dated December 19, 2022
(EASA AD 2022-0253) (also referred to as the MCAI), issued by EASA,
which is the Technical Agent for the Member States of the European
Union. The MCAI states that it has been determined that engine crystal
icing protection could be (temporarily) lost if an erroneous total
pressure value is provided by the airplane system, which, if not
corrected, also could lead to dual engine in-flight shutdown and result
in reduced control of the airplane. To address this unsafe condition,
Rolls-Royce developed new EEC full-authority digital engine control
software (EEC standard 5.3) for the affected Trent 7000 engines.
    You may examine the MCAI in the AD docket at regulations.gov under
Docket No. FAA-2023-1213.
    In the NPRM, the FAA proposed to continue certain actions in AD
2022-18-12. The NPRM also proposed to require adding new limitations
for intermixing of certain EEC software standards, and an operational
limitation for airplanes having an engine with certain EEC software
installed, as specified in EASA AD 2022-0253. The NPRM also proposed to
prohibit the installation of certain engines under certain conditions.
The FAA is issuing this AD to address the unsafe condition on these
products.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from Air Line Pilots Association,
International (ALPA), who supported the NPRM without change.
    The FAA received additional comments from a commenter, Delta Air
Lines (Delta). The following presents the comments received on the NPRM
and the FAA's response to each comment.

Request for Exception to Operational Limitations

    Delta requested adding an exception to the operational limitations
described in paragraph (7) of EASA AD 2022-0253, which Delta stated
prohibits intermixing of software once the airplane has been modified
to install EEC SW standard 5.3 on both engines. Delta stated that
paragraph (7) of EASA AD 2022-0253 contradicts paragraph (4) of EASA AD
2022-0253, which allows intermixing certain software standards. Delta
requested that the exception allow installation of an affected EEC
unit, software, or engine if the airplane is operated under certain
operational requirements. Delta reasoned that because the software can
be installed on individual engines or EECs, an affected EEC unit or
engine should be permitted to be installed on a modified airplane
(i.e., go from having both engines updated and unaffected to having
only one engine updated) as long as the configuration meets intermixing
or interchangeability requirements and the 2-year limit specified in
paragraph (6) of EASA AD 2022-0253 is not exceeded. Delta pointed out
that allowing this would promote operational flexibility if an updated
EEC unit or engine needs to be replaced and the only available EEC unit
or engine has not been updated to EEC software standard 5.3. Delta
added that it made a similar comment during EASA's rulemaking process
for EASA AD 2022-0253 and that EASA clarified that paragraph (7) of
EASA AD 2022-0253 didn't prohibit re-installing affected EEC software
on the airplane. Delta recommended revising the Background section,
Related Service Information Under 1 CFR part 51 section, and paragraph
(h) of the proposed AD with the exceptions or clarifying changes.
    The FAA agrees to clarify. Paragraph (7) of EASA AD 2022-0253
simply provides an acceptable method to comply with the operational
limitations in paragraph (6) of EASA AD 2022-0253, which only becomes
effective 2 years after the effective date of this AD. Paragraph (7) of
EASA AD 2022-0253 does not prohibit intermixing or interchangeability
before that date, but instead clarifies that changing the modified
airplane configuration to install an affected EEC unit or engine would
mean the airplane no longer complies with the operational limitations
in paragraph (6) of EASA AD 2022-0253. The FAA has not changed this AD
in this regard.

Conclusion

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA reviewed the relevant data, considered the
comments received, and determined that air safety requires adopting
this AD as proposed. Accordingly, the FAA is issuing this AD to address
the unsafe condition on this product. Except for minor editorial
changes, this AD is adopted as proposed in the NPRM. None of the
changes will increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0253 specifies procedures for limitations for
intermixing of certain EEC software and an operational limitation for
engines with certain EEC software installed. EASA AD 2022-0253
specifies that installation of serviceable EEC software is acceptable
for compliance with (terminates) the operational limitation, provided
that no affected EEC software, affected EEC unit, or affected engine is
subsequently installed on the airplane. EASA AD 2022-0253 also
prohibits the installation of engines with certain EEC software. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD, affects 20 airplanes of U.S.
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Retained actions from AD 2022-18-12     1 work-hours x $85 per                $0             $85          $1,700
 (parts limitations).                    hour = $85.

New actions...........................  Up to 25 work-hours x                * 0           2,125          42,500
                                         $85 per hour = $2,125.
----------------------------------------------------------------------------------------------------------------
* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing regulations for
practices, methods, and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses an unsafe condition that is likely to
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will not have a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2022-18-12, Amendment 39-22163
(87 FR 56561, September 15, 2022); and
0
b. Adding the following new AD:

2023-20-02 Airbus SAS: Amendment 39-22561; Docket No. FAA-2023-1213;
Project Identifier MCAI-2022-01615-T.

(a) Effective Date

    This airworthiness directive (AD) is effective November 9, 2023.

(b) Affected ADs

    This AD replaces AD 2022-18-12, Amendment 39-22163 (87 FR 56561,
September 15, 2022) (AD 2022-18-12).

(c) Applicability

    This AD applies to all Airbus SAS Model A330-841 and -941
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 73, Engine Fuel
and Control.

(e) Unsafe Condition

    This AD was prompted by a determination that engine crystal
icing protection could be (temporarily) lost if an erroneous total
pressure value is provided by the airplane system and the engine
electronic control (EEC) software used to correct the system
requires modification. This modification may conflict with EEC
software to address erroneous electronic centralized airplane
monitoring (ECAM) engine oil pressure warnings. The FAA is issuing
this AD to address erroneous total pressure values being provided by
the airplane system and any EEC software that should not be
intermixed. The unsafe condition, if not addressed, could result in
dual engine in-flight shut-down, and subsequent reduced control of
the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0253, dated December 19, 2022 (EASA AD 2022-0253).

(h) Exceptions to EASA AD 2022-0253

    (1) Where EASA AD 2022-0253 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where EASA AD 2022-0253 refers to ``10 September 2021,''
this AD requires using October 20, 2022 (the effective date of AD
2022-18-12).
    (3) Where EASA AD 2022-0253 refers to ``10 September 2023,''
this AD requires using October 20, 2024 (24 months after October 20,
2022, the effective date of AD 2022-18-12).
    (4) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0253.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Validation Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or responsible Flight Standards Office, as
appropriate. If sending information directly to the International
Validation Branch, send it to the attention of the person identified
in paragraph (j) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Validation Branch, FAA; or EASA; or Airbus SAS's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Additional Information

    For more information about this AD, contact Tim Dowling,
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; email
[email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0253,
dated December 19, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0253, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; website easa.europa.eu. You may find this EASA
AD on the EASA website at ad.easa.europa.eu.
    (4) You may view this material at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St.,
Des Moines, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material that is incorporated by reference
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on September 27, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-22078 Filed 10-4-23; 8:45 am]
BILLING CODE 4910-13-P


Design capacity less than 38  Maximum HAP vapor     Level 1.
 m\3\.                         pressure less than
                               76.6 kPa.
Design capacity less than 38  Maximum HAP vapor     Level 2, except that
 m\3\.                         pressure equal to     fixed roof tanks
                               or greater than       equipped with an
                               76.6 kPa.             internal floating
                                                     roof and tanks
                                                     equipped with an
                                                     external floating
                                                     roof as provided
                                                     for in Sec.
                                                     63.685(d)(1) and
                                                     (2) shall not be
                                                     used.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 38 m\3\ and      pressure less than
 less than 151 m\3\.           13.1 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than
                               13.1 kPa.
Design capacity equal to or   Maximum HAP vapor     Level 1.
 greater than 151 m\3\.        pressure less than
                               0.7 kPa.
                              Maximum HAP vapor     Level 2.
                               pressure equal to
                               or greater than 0.7
                               kPa.
------------------------------------------------------------------------

[FR Doc. 2015-05463 Filed 3-17-15; 8:45 am]
 BILLING CODE 6560-50-P