be labeled by bundle or box, as opposed to being labeled individually.
EPA generally agrees with those commenters who cited cost and
feasibility concerns with an individual product labeling requirement.
In addition, as noted by

some commenters, EPA agrees that an individual labeling requirement
provides minimal benefit when applied to composite wood products
supplied to fabricators who then incorporate them into finished goods.
In lieu of labeling of individual products, EPA is requiring entities
that divide and repackage bundles of regulated composite wood products
or purchase these products for resale to have a system sufficient to
identify the supplier of the panel and link the information on the
label to the products. This information must be made available to
potential customers upon request. Similarly, entities importing,
selling, offering for sale or supplying finished goods that are not
individually labeled must retain a copy of the label and make it
available to potential customers upon request.

J. Sell-Through Provisions and Stockpiling

    TSCA Title VI directs EPA to establish sell-through provisions for
composite wood products, and finished goods containing regulated
composite wood products, based on a designated date of manufacture, or
``manufactured-by'' date. Under the statute, composite wood products or
finished goods manufactured before the specified manufactured-by date
are not subject to statutory emission standards or testing
requirements. TSCA Title VI requires that the manufactured-by date be
no earlier than 180 calendar days after promulgation of the final
implementing regulations.
    TSCA Title VI also directs EPA to prohibit the sale of inventory
that was stockpiled, which is defined in the statute as manufacturing
or purchasing composite wood products between the date the statute was
enacted and the date 180 calendar days following the promulgation of
these regulations at a rate significantly greater than the rate during
a particular base period. EPA is directed to define what constitutes
``a rate significantly greater'' and to establish the base period.
Under the statute, the base period must end before July 7, 2010, the
date that the Formaldehyde Standards for Composite Wood Products Act
was enacted.
    As proposed, EPA is finalizing the manufactured-by date at December
12, 2017, except that, as discussed in Unit III.A., the manufactured-by
date for laminated products is December 12, 2023. EPA has determined
that, for panel producers other than laminated product producers, this
year will be sufficient to get all of the infrastructure in place.
    The manufactured-by dates apply to regulated composite wood
products, including laminated products, as well as finished goods
containing such products. Composite wood products manufactured before
the applicable manufactured-by date are not subject to the emission
standards, nor are they required to be labeled or tested for emissions.
Laminated products manufactured before the manufactured-by date for
laminated products are not subject to the emission standards, but,
after the manufactured-by date for composite wood products other than
laminated products, they must be made with compliant composite wood
product platforms and must be labeled in accordance with the fabricator
labeling requirements. Composite wood products and laminated products
manufactured before the applicable manufactured-by date can be
incorporated into finished goods at any time. Retailers, fabricators,
and distributors are permitted to continue to buy and sell these
composite wood products and laminated products, as well as finished
goods that incorporate these products, because they would be considered
compliant with TSCA Title VI and its implementing regulations, assuming
the absence of stockpiling as discussed later. Under TSCA, the term
``manufacture'' includes import, so the ``manufactured-by'' date would
effectively be an ``imported-by'' date for imported goods.
    In order to establish that a regulated composite wood product was
made before the manufactured-by date, the panel producer or importer
and any subsequent distributor, retailer or fabricator must document
when the product was manufactured or that the panel was in their
inventory on or before the date 180 calendar days after promulgation of
these regulations. In the case of a finished good, any subsequent
distributor, retailer or fabricator must document that the composite
wood products making up the finished good were either manufactured
before the manufactured-by date or were manufactured in accordance with
TSCA Title VI. Documentation that the finished goods were in their
inventory on or before that date 180 calendar days after promulgation
of these regulations would be sufficient for these purposes. In order
to reduce consumer confusion, products that are entirely made before
the manufactured-by date may not be labeled as compliant with TSCA
Title VI.
    Selling stockpiled regulated composite wood panels and finished
goods containing regulated composite wood products is prohibited. EPA
proposed to define stockpiling as manufacturing or purchasing composite
wood products between July 7, 2010, the date that the Formaldehyde
Standards for Composite Wood Products Act was signed into law by the
President, and 180 calendar days after promulgation of these
regulations, for the purpose of circumventing the TSCA Title VI
emission standards, at an average annual rate 20 percent greater than
the amount manufactured or purchased during the 2009 calendar year. EPA
is finalizing the provisions substantially as proposed, but clarifying
that the Agency has the burden of showing that an increase in
production or purchasing was for the purpose of circumventing the
emission standards. Entities that have a greater than 20 percent
increase in purchasing or production of regulated composite wood panels
for some reason other than circumventing the emission standards will
not be deemed to be stockpiling. Other reasons may include an immediate
increase in customer demand or sales, or a planned business expansion.
The stockpiling provisions do not apply to entities that were not in
existence at the beginning of calendar year 2009 because a pre-TSCA
Title VI baseline of production does not exist for these companies.

K. Import Certification

    TSCA Title VI directs EPA, in coordination with U.S. Customs and
Border Protection (CBP) and other appropriate Federal departments and
agencies, to revise regulations promulgated pursuant to TSCA section 13
as necessary to ensure compliance. The TSCA section 13 regulations,
promulgated by CBP, require importers to certify that shipments of
chemical substances and mixtures are either in compliance with TSCA or
not subject to TSCA. Most, if not all, products subject to TSCA Title
VI would be considered articles. Articles, defined in 19 CFR 12.120(a),
are generally formed to specific shapes or designs during manufacture
and have end use functions related to their shape or design. Articles
are generally exempt from the TSCA section 13 certification
requirements, but the regulations at 19 CFR 12.121(b) recognize that
EPA has the authority to, by regulation or order, make the requirements
applicable to articles.
    As proposed, no changes are being made to the regulations
promulgated pursuant to TSCA section 13, but this final rule requires
TSCA section 13 import certification for composite wood products that
are articles. This does not represent a statement on the relative
toxicity of formaldehyde, or of composite wood products; rather, it is
a certification of compliance with TSCA.

Although this requirement is being finalized as proposed, EPA is
delaying the compliance date for the import certification requirements
until two years after the date of the publication of this rule to
provide additional time for the supply chain to become familiar with
the requirements and make any necessary adjustments to existing
business processes. The Agency is committed to conducting outreach with
regulated parties and working with industry associations to help
educate producers and importers of composite wood products about the
requirements of this final rule, including the TSCA section 13 import
certification requirements. Beginning shortly after publication of the
final rule, EPA will conduct outreach to the importer community which
will entail providing training on the importer provisions and how to
comply with the certification requirement. The outreach will include
webinars, attending industry conferences, and meeting with interested
groups. In addition, EPA is developing guidance for importers with
additional information about how to comply with the certification
requirement. The guidance will be in the form of documents that can be
downloaded from EPA's Web site at: http://www.epa.gov/formaldehyde.
    To comply with the import certification requirements, importers (or
their agents) will be required to provide the following certification
statement with other paperwork accompanying the imported shipment:

    I certify that all chemical substances in this shipment comply
with all applicable rules or orders under TSCA and that I am not
offering a chemical substance for entry in violation of TSCA or any
applicable rule or order thereunder.

The documentation required by this final rule will generally be a
sufficient basis for the import certification to the extent that such
documentation demonstrates compliance. TSCA certification statements
provided in paper have commonly been included on or attached to bills
of lading, commercial invoices, or comparable documents. In order to
submit a TSCA certification statement electronically, importers or
their agents would need to submit it with their Customs entry filings
for shipments in the Automated Commercial Environment (i.e., CBP's
primary automated and electronic system for commercial trade
processing.) or any other CBP-authorized electronic data interchange
system.

L. Enforcement

    The failure to comply with any provision of TSCA Title VI, or the
regulations implementing TSCA Title VI, is a prohibited act under TSCA
section 15. Any person who commits a prohibited act under TSCA section
15 can be held liable for civil and criminal penalties, as appropriate.

M. HUD's Manufactured Housing Program

    Under the authority of the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq.,
HUD regulates the construction of all manufactured homes built in the
United States. The HUD standards established pursuant to the 1974 Act
cover many aspects of manufactured home construction, including body
and frame requirements, thermal protection, plumbing, electrical, and
fire safety. (See 24 CFR parts 3280 and 3282). HUD oversees the
enforcement of the construction standards through third party
inspection agencies and State governments.
    EPA and HUD are working together to ensure the appropriate
application and implementation of requirements under the Formaldehyde
Standards for Composite Wood Products Act of 2010. The HUD standards
for manufactured housing include specific formaldehyde emission limits
for plywood and particleboard materials installed in manufactured
housing. In contrast, TSCA Title VI covers only hardwood plywood, a
subset of plywood. In addition, TSCA Title VI also covers medium-
density fiberboard, which is not covered by the current HUD standards.
The HUD emission limits apply to any plywood or particleboard bonded
with a resin system and to any plywood or particleboard coated with a
surface finish containing formaldehyde. HUD's current formaldehyde
emission limits are 0.2 ppm for plywood and 0.3 ppm for particleboard,
as measured by ASTM E1333-96. These emission limits are higher than
those established by the 2010 Act, but section 4 of the 2010 Act
directs HUD to update its regulations to ensure that the regulations
reflect the standards established by section 601 of TSCA.
    In addition, the 2010 Act established a definition of
``recreational vehicle'' that is based on the definition established by
HUD that is in effect at 24 CFR 3282.8 on the date of promulgation of
regulations pursuant to TSCA Title VI. EPA acknowledges that HUD issued
a proposed rule (81 FR 6806, February 9, 2016) that would, among other
things, remove the current definition of ``recreational vehicle'' from
24 CFR 3282.8 and add an amended version of this definition in a
proposed new CFR section. EPA and HUD believe that it was the intent of
Congress that same definition of ``recreational vehicle'' be used in
both this final rule and HUD's manufactured housing regulations.
Therefore, EPA and HUD will continue working together to ensure that
the regulatory definition is appropriately harmonized.
    In the proposal, EPA requested comment on how best to harmonize
EPA's regulatory program under TSCA Title VI with HUD's manufactured
homes program. EPA received a handful of comments on this aspect of the
proposal. Two commenters recommended a general consistency between the
EPA and HUD regulations, although they did not offer specifics. At the
suggestion of one of the commenters, EPA has added a sentence to the
applicability provisions of the final rule to make it clear that the
requirements apply to composite wood products used in manufactured
housing.

IV. Incorporation by Reference

    This final rule incorporates a variety of voluntary consensus
standards by reference. In many cases, the consensus standards are used
because TSCA Title VI directs that they be used. TSCA Title VI provides
for quarterly and quality control testing for hardwood plywood,
particleboard, and MDF using specified methods developed by ASTM
International. TSCA Title VI also refers freely to voluntary consensus
standards to assist in defining the composite wood products that are
subject to the statute, such as hardwood plywood (ANSI/HPVA HP-1-2009),
particleboard (ANSI A208.1-2009), and medium-density fiberboard (ANSI
A208.2-2009) (Refs. 26, 47, and 72). Other voluntary consensus
standards are being incorporated by reference into this final rule to
provide flexibility to panel producers by permitting them to use
additional quality control test methods already allowed by CARB under
their ATCM. Finally, EPA is relying on voluntary consensus standards
developed by ISO/IEC and already in use in the conformity assessment
sector to establish a third-party certification program that is as
robust as possible. Most of the entities that would have to comply with
one of these standards, or at least have a good understanding of the
contents of one of these standards, already own a copy. It would be
difficult to be in business as a hardwood plywood mill, for example, if
you were not familiar with the industry consensus on what is hardwood
plywood. The

standards are all readily available electronically or in print, and are
relatively inexpensive (less than $150 a copy).
    The voluntary consensus standards being incorporated by reference
into this final rule are summarized in this unit, along with contact
information for purchasing a copy of each standard. 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.
    (a) AITC, CPA, and HPVA standards. Copies of these standards may be
obtained from the specific publisher, as noted below, or from the
American National Standards Institute, 1899 L Street NW., 11th Floor,
Washington, DC 20036, or by calling<PHONE_NUMBER>, or at http://ansi.org/. Note that ANSI/AITC A190.1-2002 is published by the American
Institute of Timber Construction. ANSI A135.4-2012, ANSI A135.5-2012,
ANSI A135.6-2012, ANSI A135.7-2012, ANSI A208.1-2009, and ANSI A208.2-
2009 are published by the Composite Panel Association. And ANSI ANSI/
HPVA-HP-1-2009 is published by the Hardwood Plywood Veneer Association.
    1. ANSI A135.4-2012, American National Standard, Basic Hardboard.
This standard defines hardboard and describes requirements and test
methods for water absorption, thickness swelling, modulus of rupture,
tensile strength, surface finish, dimensions, squareness, moisture
content, and edge straightness of five classes of basic hardboard,
along with methods of identifying products conforming to the standard.
    2. ANSI A135.5-2012, American National Standard, Prefinished
Hardboard Paneling. This standard describes requirements and methods of
testing for the dimensions, squareness, edge straightness, and moisture
content of prefinished hardboard paneling and for the finish of the
paneling, along with methods of identifying products conforming to the
standard.
    3. ANSI A135.6-2012, American National Standard, Engineered Wood
Siding. This standard describes requirements and methods of testing for
the dimensions, straightness, squareness, physical properties, and
surface characteristics of engineered wood siding. This standard also
defines trade terms used and describes methods of identifying products
conforming to the standard.
    4. ANSI A135.7-2012, American National Standard, Engineered Wood
Trim. This standard describes requirements and methods of testing for
the properties of engineered wood trim intended to be used as
architectural trim. While primarily for exterior applications, these
products can also be used indoors. Trim is the woodwork in the finish
of a building, especially around openings and at corners, that is
intended to be decorative and/or provide protection for joints covered
by the product. Typical exterior trim includes corner boards, fascia,
brick mold and window trim. Because engineered wood trim is not
intended to be used as a structural material, it has no structural
load-bearing performance requirements.
    5. ANSI A208.1-2009, American National Standard, Particleboard.
This standard describes the requirements and test methods for
dimensional tolerances, physical and mechanical properties and
formaldehyde emissions for particleboard, along with methods of
identifying products conforming to the standard.
    6. ANSI A208.2-2009, American National Standard, Medium Density
Fiberboard (MDF) for Interior Applications. This standard describes the
requirements and test methods for dimensional tolerances, physical and
mechanical properties and formaldehyde emissions for MDF, along with
methods of identifying products conforming to the standard.
    7. ANSI/AITC A190.1-2002, American National Standard for Wood
Products, Structural Glued Laminated Timber. This standard describes
minimum requirements for the manufacture and production of structural
glued laminated timber, including size tolerances, grade combinations,
lumber, adhesives, and appearance grades.
    8. ANSI/HPVA HP-1-2009, American National Standard for Hardwood and
Decorative Plywood. This standard details the specific requirements for
all face, back, and inner ply grades of hardwood plywood as well as
formaldehyde emission limits, moisture content, tolerances, sanding,
and grade marking.
    (b) ASTM material. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at http://www.astm.org.
    1. ASTM D5055-05, Standard Specification for Establishing and
Monitoring Structural Capacities of Prefabricated Wood I-Joists. This
specification gives procedures for establishing, monitoring, and
reevaluating structural capacities of prefabricated wood I-joists, such
as shear, moment, and stiffness. The specification also provides
procedures for establishing common details and itemizes certain design
considerations specific to wood I-joists.
    2. ASTM D5456-06, Standard Specification for Evaluation of
Structural Composite Lumber Products. This specification describes
initial qualification sampling, mechanical and physical tests,
analysis, and design value assignments. Requirements for a quality-
control program and cumulative evaluations are included to ensure
maintenance of allowable design values for the product.
    3. ASTM D5582-00 (Reapproved 2006), Standard Test Method for
Determining Formaldehyde Levels from Wood Products Using a Desiccator.
This test method describes a small scale procedure for measuring
formaldehyde emissions potential from wood products. The formaldehyde
level is determined by collecting airborne formaldehyde in a small
distilled water reservoir within a closed desiccator. The quantity of
formaldehyde is determined by a chromotropic acid test procedure.
    4. ASTM D6007-02, Standard Test Method for Determining Formaldehyde
Concentrations in Air from Wood Products Using a Small-Scale Chamber.
This test method measures the formaldehyde concentrations in air from
wood products under defined test conditions of temperature and relative
humidity. Results obtained from this small-scale chamber test method
are intended to be comparable to results obtained testing larger
product samples by the large chamber test method for wood products,
Test Method E 1333.
    5. ASTM E1333-10, Standard Test Method for Determining Formaldehyde
Concentrations in Air and Emission Rates from Wood Products Using a
Large Chamber. This test method measures the formaldehyde concentration
in air and emission rate from wood products containing formaldehyde
under conditions designed to simulate product use. The concentration in
air and emission rate is determined in a large chamber under specific
test conditions of temperature and relative humidity. The general
procedures are also intended for testing product combinations at
product-loading ratios and at air-exchange rates typical of the indoor
environment.

    (c) CEN materials. Copies of these materials are not directly
available from the European Committee for Standardization, but from one
of CEN's National Members, Affiliates, or Partner Standardization
Bodies. To purchase a standard, go to CEN's Web site, http://www.cen.eu, and select ``Products'' for more detailed information.
    1. BS EN 120:1992, Wood based panels. Determination of formaldehyde
content- Extraction method called the perforator method, English
Version. This European standard describes an extraction method, known
as the perforator method, for determining the formaldehyde content of
unlaminated and uncoated wood-based panels.
    2. BS EN 717-2:1995, Wood-based panels--Determination of
formaldehyde release--Part 2: Formaldehyde release by the gas analysis
method, English Version. This European standard describes a procedure
for determination of accelerated formaldehyde release from wood-based
panels.
    (d) Georgia Pacific material. Copies of this material may be
obtained from Georgia-Pacific Chemicals LLC, 133 Peachtree Street,
Atlanta, GA 30303, or by calling<PHONE_NUMBER>, or at http://www.gp-dmc.com/default.aspx.
    1. The GP Dynamic Microchamber computer-integrated formaldehyde
test system, User Manual. Copyright 2012. The Dynamic Micro Chamber is
a patented process for testing formaldehyde emissions (U.S. Patent #
5,286,363). The DMC provides a means of obtaining accurate formaldehyde
emissions information from pressed panel products. This Manual
describes the process for using the DMC.
    2. The Dynamic Microchamber computer integrated formaldehyde test
system, User Manual, Copyright 2007. This is the older version of the
DMC Manual, which may also be followed when using the DMC to conduct
formaldehyde emissions testing.
    (e) ISO material. Copies of these materials may be obtained 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.
    1. ISO/IEC 17011:2004(E), Conformity assessments--General
requirements for accreditation bodies accrediting conformity assessment
bodies (First edition), September 1, 2004. This standard specifies
general requirements for accreditation bodies assessing and accrediting
conformity assessment bodies. For the purposes of this standard,
conformity assessment bodies are organizations providing the following
conformity assessment services: Testing, inspection, management system
certification, personnel certification, product certification and, in
the context of this standard, calibration.
    2. ISO/IEC 17020:2012(E), General criteria for the operation of
various types of bodies performing inspections (Second Edition) March
1, 2012. This standard covers the activities of inspection bodies whose
work can include the examination of materials, products, installations,
plants, processes, work procedures or services, and the determination
of their conformity with requirements and the subsequent reporting of
results of these activities.
    3. ISO/IEC 17025:2005(E), General requirements for the competence
of testing and calibration laboratories (Second Edition), May 15, 2005.
This standard specifies the general requirements for the competence to
carry out tests or calibrations, including sampling. It covers testing
and calibration performed using standard methods, non-standard methods,
and laboratory-developed methods.
    4. ISO/IEC 17065:2012(E), Conformity assessment--Requirements for
bodies certifying products, processes and services (First Edition),
September 15, 2012. This standard specifies requirements that are
intended to ensure that certification bodies operate certification
schemes in a competent, consistent and impartial manner. This standard
can be used as a criteria document for accreditation or peer assessment
or designation by governmental authorities, scheme owners and others.
    (f) Copies of JIS A 1460:2001 Building boards-Determination of
formaldehyde emission-Desiccator method, English Version, may be
obtained from Japanese Industrial Standards, 1-24, Akasaka 4, Minatoku,
Tokyo 107-8440, Japan, or by calling +81-3-3583-8000, or at http://www.jsa.or.jp/. This method describes a method for testing formaldehyde
emissions from construction boards by measuring the concentration of
formaldehyde absorbed in distilled or deionized water from samples of a
specified surface area placed in a glass desiccator for 24 hours.
    (g) NIST material. Copies of these materials may be obtained from
the National Institute of Standards and Technology (NIST) by calling
(800) 553-6847 or from the U.S. Government Printing Office (GPO). To
purchase a NIST publication you must have the order number. Order
numbers may be obtained from the Public Inquiries Unit at (301) 975-
NIST. Mailing address: Public Inquiries Unit, NIST, 100 Bureau Dr.,
Stop 1070, Gaithersburg, MD 20899-1070. If you have a GPO stock number,
you can purchase printed copies of NIST publications from GPO. GPO
orders may be mailed to: U.S. Government Printing Office, P.O. Box
979050, St. Louis, MO 63197-9000, placed by telephone at<PHONE_NUMBER>
(DC Area only:<PHONE_NUMBER>), or faxed to<PHONE_NUMBER>. Additional
information is available online at: http://www.nist.gov.
    1. Voluntary Product Standard PS 1-07 (2007), Structural Plywood.
This standard describes the principal types and grades of structural
plywood, covering the wood species, veneer grading, adhesive bonds,
panel construction and workmanship, dimensions and tolerances, marking,
moisture content and packaging of structural plywood intended for
construction and industrial uses. Test methods to determine compliance
and a glossary of trade terms and definitions are included, as is a
quality certification program involving inspection, sampling, and
testing of products identified as complying with this standard by
qualified testing agencies.
    2. Voluntary Product Standard PS 2-04 (2004), Performance Standard
for Wood-Based Structural-Use Panels. This standard covers performance
requirements, adhesive bond performance, panel construction and
workmanship, dimensions and tolerances, marking, and moisture content
of structural-use panels, such as plywood, waferboard, oriented strand
board (OSB), structural particle board, and composite panels. The
standard includes test methods, a glossary of trade terms and
definitions, and a quality certification program involving inspection,
sampling, and testing of products for qualification under the standard.

V. 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. California Environmental Protection Agency Air Resources Board
(CARB). Airborne Toxic Control Measure to Reduce Formaldehyde
Emissions from Composite Wood Products. Final Regulation Order.
April 2008. http://

www.arb.ca.gov/regact/2007/compwood07/compwood07.htm.
2. USEPA. Policy on Evaluating Health Risks to Children. 1995.
http://www.epa.gov/sites/production/files/2014-5/documents/1995_childrens_health_policy_statement.pdf.
3. USEPA, Office of Chemical Safety and Pollution Prevention
(OCSPP). Economic Analysis of the Formaldehyde Standards for
Composite Wood Products Act Final Rule (Economic Analysis). December
2015.
4. World Health Organization. Concise International Chemical
Assessment Document 40: Formaldehyde. Published under the joint
sponsorship of the United Nations Environment Programme, the
International Labour Organization, and the World Health
Organization, and produced within the framework of the Inter-
Organization Programme for the Sound Management of Chemicals.
Geneva. 2002.
5. Agency for Toxic Substances and Disease Registry. Toxicological
Profile for Formaldehyde and 2010 Addendum to the Profile. Atlanta,
GA: U.S. Department of Health and Human Services, Public Health
Service. 1999. http://www.atsdr.cdc.gov/toxprofiles/tp111.html.
6. Krzyzanowski M, Quackenboss JJ, Lebowitz MD. Chronic respiratory
effects of indoor formaldehyde exposure. Environ Res 52(2):117-125.
1990.
7. Matsunaga, I, Miyake, Y, et al. Ambient formaldehyde levels and
allergic disorders among Japanese pregnant women: baseline data from
the Osaka maternal and child health study. Annals of Epidemiology
18(1): 78-84. (2008).
8. Annesi-Maesano I, Huilin M, Lavaud F, Raherison C, Kopferschmitt
C, de Blay F, Andre Charpin D, Denis C. Poor air quality in
classrooms related to asthma and rhinitis in primary schoolchildren
in the French 6 Cities Study. Thorax 67:682-688. 2012.
9. Venn AJ, Cooper M, Antoniak M, Laughlin C, Britton, Lewis SA.
Effects of volatile organic compounds, damp, and other environmental
exposures in the home on wheezing illness in children. Thorax
58:955-960. 2003.
10. Dannemiller, KC; Murphy, JS; Dixon, SL; Pennell, KG; Suuberg,
EM; Jacobs, DE; Sandel, M. Formaldehyde concentrations in household
air of asthma patients determined using colorimetric detector tubes.
Indoor Air 23: 285-294. 2013.
11. National Toxicology Program. Report on carcinogens. Thirteenth
edition. Research Triangle Park, NC: U.S. Department of Health and
Human Services, Public Health Service. 2014. http://ntp.niehs.nih.gov/pubhealth/roc/roc13/index.html.
12. International Agency for Research on Cancer. Formaldehyde [IARC
Monograph]. In A review of human carcinogens: Chemical agents and
related occupations (pp. 401-435). Lyon, France. 2012. http://monographs.iarc.fr/ENG/Monographs/vol100F/index.php.
13. National Research Council (NRC). Review of the Formaldehyde
Assessment in the National Toxicology Program 12th Report on
Carcinogens. Washington DC: National Academies Press (US). 2014.
14. USEPA, Office of Air and Radiation. National Emission Standards
for Hazardous Air Pollutants: Plywood and Composite Wood Products;
List of Hazardous Air Pollutants, Lesser Quantity Designations,
Source Category List; Final Rule. Federal Register (71 FR 8341,
February 16, 2006) (FRL-8028-9). http://www.epa.gov/ttn/atw/plypart/fr16fe06.pdf.
15. USEPA, Office of Research and Development. Formaldehyde.
Integrated Risk Information System (IRIS). 1991. http://www.epa.gov/iris/subst/0419.htm.
16. USEPA, ORD. IRIS Toxicological Review of Formaldehyde-Inhalation
Assessment (2010 External Review Draft). http://cfpub.epa.gov/ncea/iris_drafts/recordisplay.cfm?deid=223614.
17. USEPA. Approach to Assessing Non-cancer Health Effects from
Formaldehyde and Benefits from Reducing Non-cancer Health Effects as
a Result of Implementing Formaldehyde Emission Limits for Composite
Wood Products. 2013.
18. USEPA. Formaldehyde Emissions from Composite Wood Products;
Disposition of TSCA Section 21 Petition; Notice. Federal Register
(73 FR 36504, June 27, 2008).
19. USEPA. Formaldehyde Emissions from Composite Wood Products;
Advanced notice of proposed rulemaking and notice of public
meetings. Federal Register. (73 FR 73620, December 3, 2008) (FRL-
8386-3).
20. Public Law 111-199, Title VI-- Formaldehyde Standards for
Composite Wood Products Act, enacted July 7, 2010. (TSCA section
601(d), 15 U.S.C. 2601 et seq.).
21. USEPA. Formaldehyde; Third-Party Certification Framework for the
Formaldehyde Standards for Composite Wood Products; Formaldehyde
Emissions Standards for Composite Wood Products; Proposed Rule.
Federal Register (78 FR 34796, June 10, 2013) (FRL-9342-4).
22. USEPA. Formaldehyde Emissions Standards for Composite Wood
Products; Proposed Rule. Federal Register (78 FR 34820, June 10,
2013) (FRL-9342-3).
23. USEPA. Report of the Small Business Advocacy Review Panel on
EPA's Planned Proposed Rule Implementing the Formaldehyde Standards
for Composite Wood Products Act (TSCA Title VI). April 4, 2011.
24. Composite Panel Association. 2015 Surface and Panel Buyers
Guide: A Guide to Sourcing and Specifying Composite Panels and
Decorative Surfaces. http://www.compositepanel.org/education-resources/buyers-guide.html.
25. HPVA. Comments to EPA on Laminated Products & Formaldehyde
Regulation. May 23, 2014. EPA-HQ-OPPT-2012-0018-0615.
26. CARB. Staff Proposal: Alternate Regulatory Approach for
Laminated Products Made with Wood Veneer. March 13, 2014.
27. CARB. Staff Report: Initial Statement of Reasons for Proposed
Rulemaking. March 9, 2007.
28. Salthammer, T., Mentese, S., Marutzky, R. Formaldehyde in the
Indoor Environment. Chem. Rev., 110 (4), pp 2536-2572. 2010.
29. Kelly, T.I., D.L. Smith, J. Satola. Emission Rates of
Formaldehyde from Materials and Consumer Products Found in
California Homes. Environmental Science & Technology Vol. 33: 81-88.
1999.
30. CARB. Staff Report: Initial Statement of Reasons for Proposed
Rulemaking, Appendix D. March 9, 2007.
31. CARB. Summary of ARB Testing of Laminated Products. August 19,
2013.
32. Comment submitted by Jackson Morrill, Director, and Laura Brust,
Assistant General Counsel, American Chemistry Council Formaldehyde
Panel. October 9, 2013. EPA-HQ-OPPT-2012-0018-0581.
33. Comment submitted by Bill Perdue, Vice President, Regulatory
Affairs, American Home Furnishings Alliance. October 2013. EPA-HQ-
OPPT-2012-0018-0562.
34. Remarks by Kelly Shotbolt, President, Flakeboard. Transcript of
the April 28, 2014 Public Meeting. EPA-HQ-OPPT-2012-0018-0631, pp.
47-55.
35. Comment submitted by Gail Overgard, Advisor to the Board, Timber
Products Company. April 2014. EPA-HQ-OPPT-2012-0018-0601.
36. Riedlinger, D., Martin, P., and Holloway, T. Particleboard
Formaldehyde Emissions and Decay under Elevated Temperature and
Humidity Conditions, study conducted for Arclin. March 28, 2012.
37. Georgia Pacific. Letter to Lynn Vendinello. August, 15, 2011.
38. Chimar-Hellas. Update on the Formaldehyde Release from Wood-
Based Panels. Undated.
39. ASTM E1333-96 (Reapproved 2002). Standard Test Method for
Determining Formaldehyde Concentrations in Air and Emission Rates
from Wood Products Using a Large Chamber.
40. CARB. Staff Report: Initial Statement of Reasons for Proposed
Rulemaking, Appendix H. March 9, 2007.
41. Comment submitted by Winslow Sargeant, Ph.D., Chief Counsel for
Advocacy and David Rostker, Assistant Chief Counsel Office of
Advocacy, U. S. Small Business Administration's Office of Advocacy.
May 20, 2014. EPA-HQ-OPPT-2012-0018-0529.
42. Comment submitted by the Federal Wood Industries Coalition. May
8, 2014. EPA-HQ-OPPT-2012-0018-0623
43. ASTM International. ASTM E-1333-10, Standard Test Method for
Determining Formaldehyde Concentrations in Air and Emission Rates
from Wood Products Using a Large Chamber.
44. ASTM International. ASTM D-6007-02 (2008), Standard Test Method
for Determining Formaldehyde Concentrations in Air from Wood
Products Using a Small Scale Chamber.

45. USEPA, Science Policy Council. A Summary of General Assessment
Factors for Evaluating the Quality of Scientific and Technical
Information. June 2003. EPA 100/B-03/001. http://www.epa.gov/risk/summary-general-assessment-factors-evaluating-quality-scientific-and-technical-information.
46. American National Standards Institute (ANSI)/Hardwood Plywood
and Veneer Association (HPVA). American National Standard for
Hardwood and Decorative Plywood, ANSI/HPVA HP-1-2009.
47. ANSI. American National Standard for Medium Density Fiberboard
(MDF) for Interior Applications, ANSI A208.2 2009.
48. ANSI. American National Standard, Basic Hardboard, ANSI A135.4
2004.
49. ANSI. American National Standard, Prefinished Hardboard
Paneling, ANSI A135.5 2004.
50. ANSI. American National Standard, Hardboard Siding, ANSI A135.6
2006.
51. CARB. Workshop Discussion Draft, Amended Regulation Order. March
18, 2014. http://www.arb.ca.gov/toxics/compwood/amended0318.pdf.
52. ANSI. American National Standard, Engineered Wood Siding, ANSI
A135.6-2012.
53. ANSI. American National Standard, Engineered Wood Trim. ANSI
A135.7-2012.
54. Comments from the Federal Wood Industries Coalition (``FWIC'')
on the March 18, 2014 Preliminary Draft Amendments to the Air Toxic
Control Measure to Reduce Formaldehyde Emissions from Composite Wood
Products. April 22, 2014.
55. ISO/IEC 17011:2004(E), Conformity assessments--General
requirements for accreditation bodies accrediting conformity
assessments bodies (First Edition). 2004.
56. ISO/IEC 17020:2012(E), Conformity assessment--Requirements for
the operation of various bodies performing inspection (Second
Edition). 2012.
57. ISO/IEC Guide 65:1996(E), General requirements for bodies
operating product certification systems (First Edition). 1996.
58. ISO/IEC 17065:2012(E), Conformity assessment--Requirements for
bodies certifying products, processes and services (First Edition).
2012.
59. ISO/IEC 17020:1998(E), General criteria for the operation of
various types of bodies performing inspections (First Edition).
1998.
60. ISO/IEC 17025:2005(E), General requirements for the competence
of testing and calibration laboratories (Second Edition). May 15,
2005.
61. USEPA. Central Data Exchange. https://cdx.epa.gov/.
62. USEPA. Cross-Media Electronic Reporting Regulation (CROMERR) (40
CFR part 3), Federal Register. October 13, 2005 (70 FR 59848) (FRL-
7977-1).
63. USEPA. Central Data Exchange (CDX). Registration User Guide.
https://cdx.epa.gov/Content/Documents/CDX_Quick_User_Guide.pdf.
64. ASTM D6007-02 (Reapproved 2008), October 1, 2008. Standard Test
Method for Determining Formaldehyde Concentrations in Air from Wood
Products Using a Small-Scale Chamber.
65. ASTM D5582-00 (Reapproved 2006). Standard Test Method for
Determining Formaldehyde Levels from Wood Products Using a
Desiccator.
66. EN 717-2:1995, Wood-based panels. Determination of formaldehyde
release--Formaldehyde release by the gas analysis method.
67. Georgia Pacific. DMC (Dynamic Micro Chamber) Manual, 2012
Edition.
68. Georgia Pacific. DMC (Dynamic Micro Chamber) Manual, 2007
Edition.
69. EN 120:1992, Wood based panels. Determination of formaldehyde
content- Extraction method called the perforator method, English
Version.
70. JIS A 1460:2001 Building boards Determination of formaldehyde
emission--Desiccator method, English Version.
71. Comments from Ashland Water Technologies, September 9, 2013.
EPA-HQ-OPPT-0018-0521.
72. ANSI A208.1-2009, American National Standard, Particleboard.
73. NRC. Review of the Environmental Protection Agency's Draft IRIS
Assessment of Formaldehyde: National Academies Press (US). 2011.
74. USEPA. Information Collection Request (ICR) for the Formaldehyde
Emission Standards for Composite Wood Products Act Final
Regulations. EPA ICR No. 2446.02 and OMB No. 2070-0185.
75. USEPA. Final Regulatory Flexibility Analysis for Formaldehyde
Emission Standards for Composite Wood Products. December 2015.
76. USEPA. Unfunded Mandates Reform Act Statement. Formaldehyde
Emission Standards for Composite Wood Products; Final. December
2015.

VI. 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 an economically significant regulatory action that
was submitted to the Office of Management and Budget (OMB) for review
under Executive Order 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821, January 21, 2011). Any changes made
in response to OMB recommendations have been documented in the docket.
EPA prepared an analysis of the potential costs and benefits associated
with this action. This analysis, ``Economic Analysis of the
Formaldehyde Standards for Composite Wood Products Act Final Rule''
(Economic Analysis, Ref. 3) is available in the docket and is
summarized here.
    1. Entities subject to the rule. EPA analyzed the effect of this
rule on accreditation bodies, TPCs, panel producers, fabricators,
wholesalers (i.e., distributors and importers), and retailers. Due to
the similarities between this rule and the CARB ATCM, the incremental
costs and benefits of this rule are determined in part by the degree to
which firms are already complying with the ATCM. Table 3 summarizes the
estimated number of entities subject to the TSCA Title VI rule and
their baseline compliance with the CARB ATCM.

  Table 3--Number of Entities in the United States Subject to the Rule
------------------------------------------------------------------------
                                                     Baseline condition
             Type                 TSCA universe     (CARB ATCM universe)
------------------------------------------------------------------------
Accreditation bodies..........  4 firms..........  All 4 ABs currently
                                                    accredit TPCs
                                                    participating in the
                                                    CARB ATCM program.
Third-party certifiers........  11 firms.........  All 11 TPCs currently
                                                    certify stock panels
                                                    mills under the CARB
                                                    ATCM.
Stock panel producers (i.e.,    90 mills operated  79 mills have been
 manufacturers).                 by 54 firms.       certified by CARB
                                                    for at least one
                                                    product, but 16
                                                    mills make at least
                                                    one product that is
                                                    not CARB certified.
                                                    Depending on the
                                                    product type, 98% to
                                                    100% of U.S.
                                                    production volume is
                                                    CARB certified.
Laminated product producers     7,000 to 14,000    Laminators are
 (i.e., laminators).             firms.             considered
Fabricators...................  .................   fabricators under
                                66,000 to 73,000    the CARB ATCM.
                                 firms.             Nationally, 32,000
                                                    of the combined
                                                    group are subject to
                                                    CARB ATCM
                                                    requirements.

Wholesalers (i.e.,              86,000 firms, of   32,000 are subject to
 distributors).                  which 24,000 are   CARB ATCM
                                 importers.         requirements, of
                                                    which 9,000 are
                                                    importers.
Retailers.....................  759,000 firms....  195,000 are subject
                                                    to CARB ATCM
                                                    requirements.
                               -------------------
    Total.....................  925,000 firms....  .....................
------------------------------------------------------------------------

    2. Options evaluated. Congress directed EPA to consider a number of
elements for inclusion in the implementing regulations, and EPA
considered various options for addressing these elements. For many of
the provisions, such as the product-inventory sell-through provision
and the stockpiling prohibition, EPA did not have the data needed to
make quantitative estimates of the effects of different options. EPA
did have sufficient information to analyze options for how the
definition of hardwood plywood addresses laminated products, the
recordkeeping required by the rule, and the frequency of quality
control testing for small production volumes of hardwood plywood. The
options EPA analyzed are displayed in Table 4.

           Table 4--Options Analyzed in the Economic Analysis
------------------------------------------------------------------------
            Option                            Description
------------------------------------------------------------------------
Option 1: Laminates included   Laminated products made with resins
 in hardwood plywood (HWPW)     formulated with no-added formaldehyde as
 definition with NAF            part of the resin cross-linking
 exemption.                     structure are exempt from the definition
                                of hardwood plywood. Otherwise,
                                laminated product producers must be
                                certified by a TPC, and have products
                                tested to demonstrate that they meet a
                                0.05 ppm emission standard beginning 1
                                year after promulgation of the final
                                rule. This option is equivalent to EPA's
                                proposed rule from June 2013. Reduced
                                recordkeeping for wholesalers and
                                retailers that do not import. Reduced
                                quality control (QC) testing for small
                                hardwood plywood production.
Option 2 (Final Rule):         Laminated products made with phenol-
 Laminates included in HWPW     formaldehyde (PF) resins or resins
 definition with NAF and PF     formulated with no-added formaldehyde as
 exemption.                     part of the resin cross-linking
                                structure are exempt from the definition
                                of hardwood plywood. Otherwise,
                                laminated product producers have 7 years
                                after promulgation of the rule to be
                                certified by a TPC, and have products
                                tested to demonstrate that they meet a
                                0.05 ppm emission standard. Construction
                                firms are not considered fabricators or
                                retailers. Reduced recordkeeping for
                                fabricators, wholesalers and retailers
                                that do not import. Reduced QC testing
                                for small hardwood plywood production.
Option 3: Platform-specific    Laminated products made with phenol-
 emissions limits for           formaldehyde resins or resins formulated
 laminates with reduced         with no-added formaldehyde as part of
 testing with NAF and PF        the resin cross-linking structure are
 exemption.                     exempt from the definition of hardwood
                                plywood. Otherwise, laminated products
                                must have an annual small chamber test
                                demonstrating that they meet the
                                emission standards of the platform used
                                (0.05, 0.09, 0.11, or 0.13 ppm)
                                beginning 2 years after promulgation,
                                but certification is not required.
                                Reduced recordkeeping for wholesalers
                                and retailers that do not import.
                                Reduced QC testing for small hardwood
                                plywood production.
Option 4: Laminate emissions   Laminated products must meet an emissions
 standard consistent with       standard of 0.13 ppm beginning 3 years
 CARB discussion draft.         after promulgation, but no testing or
                                certification is required for laminated
                                product producers. (The laminated
                                product requirements are consistent with
                                the CARB discussion proposal for
                                laminated products from March 2014.)
                                Reduced recordkeeping for wholesalers
                                and retailers that do not import.
                                Reduced QC testing for small hardwood
                                plywood production. Supplier
                                notification required.
Option 5: All laminates        No emission standards apply to laminated
 exempt from HWPW definition.   products, and there are no testing or
                                certification requirements for laminated
                                product producers. Reduced recordkeeping
                                for wholesalers and retailers that do
                                not import. Reduced QC testing for small
                                hardwood plywood production. Supplier
                                notification required.
Option 6: Fully consistent     No emissions standard and no testing or
 with current CARB ATCM.        certification required for laminated
                                products. This option does not include
                                the reductions in recordkeeping
                                requirements or the reductions in QC
                                testing for small volume hardwood
                                plywood production that are included in
                                the other options. Supplier notification
                                required.
------------------------------------------------------------------------

    3. Benefits. Reductions in formaldehyde emissions from composite
wood products benefits individuals who reside, work, or otherwise spend
a substantial amount of time where new composite wood products are
introduced to an indoor space. The Economic Analysis (Ref. 3) estimates
the benefits of lowering formaldehyde emissions from composite wood
products.
    Formaldehyde is classified as a known human carcinogen by the
National Toxicology Program, based on evidence in humans and animals
(Ref. 3). EPA's quantified benefits estimates include the avoided cases
of nasopharyngeal cancer (representing upper respiratory tract cancers
caused by exposure to formaldehyde). The National Toxicology Program
(NTP) has identified formaldehyde as causing myeloid leukemia, and the
NRC review of the formaldehyde assessment in NTP's 12th Report on
Carcinogens (Ref. 13) concluded that there is a causal association
between formaldehyde exposure and myeloid leukemia. The International
Agency for Research on Cancer Monograph 100F concluded that
formaldehyde causes leukemia with a majority of the Working Group
viewing the evidence as sufficient. EPA did not

have sufficient information to derive a concentration-response function
for myeloid leukemia and thus could not estimate the number of cases
that would be avoided by reducing formaldehyde exposure.
    In addition to cancer, the 2010 draft IRIS assessment identified
seven categories of non-cancer health effects from formaldehyde
exposure (sensory irritation, upper respiratory tract pathology,
pulmonary function effects, asthma and allergic sensitization, immune
function effects, neurological and behavioral toxicity, and
developmental and reproductive toxicity) and it proposed reference
concentrations (RfCs) based on four effects: sensory irritation,
pulmonary function effects, asthma and allergic sensitization (atopy),
and reproductive toxicity. The NRC review of the draft IRIS assessment
was released in April 2011 (Ref. 73), and EPA is currently revising the
draft in response.
    Overall, EPA concluded that, at this time, it only has sufficient
information on the relationship between formaldehyde exposure and
sensory irritation (i.e., irritation of the eye, nose, and throat) to
include a valuation estimate in the overall benefits analysis. However,
the valuation studies that were the basis of EPA's benefits estimate
only reflected the willingness to pay to avoid eye irritation or
itching eyes. EPA's quantified benefits calculation may be
underestimating the benefits of avoided exposures, because individuals
are likely to have a higher willingness to pay to avoid the additional
symptoms of nose and throat irritation.
    Formaldehyde exposure is associated with a range of respiratory
related effects. Effects from repeated exposure in humans include
irritation of the upper respiratory tract, decrements in pulmonary
function, and nasal epithelial lesions such as metaplasia and loss of
cilia. Animal studies suggest that formaldehyde may also cause airway
inflammation. The potential effects of occupational and residential
formaldehyde exposure on asthma have been investigated in a number of
studies. Although findings are mixed, formaldehyde appears to trigger
asthma attacks or related respiratory symptoms (such as wheezing or
decreased pulmonary function) in those occupationally exposed and/or
sensitized. A number of studies have found no association between
formaldehyde exposure and the prevalence of asthma symptoms at low
exposure levels; other studies, however, observed increased risks of
other allergic conditions or increased severity of asthma symptoms
among children with wheeze in the previous year. There are several
studies that suggest that formaldehyde may increase the risk of asthma,
particularly in the young, including a study that provided suggestive
evidence that children are more sensitive than adults to exposure to
formaldehyde in relation to chronic respiratory symptoms and pulmonary
function. Formaldehyde exposure has been associated with immune system
perturbations, suggesting that potential effects of formaldehyde
exposure on the immune system may be an important part of biological
pathways for triggering asthmatic responses or the severity of asthma
symptoms. EPA does not feel that it has sufficient information at this
time on the relationship between formaldehyde exposure and respiratory
outcomes to include a valuation estimate in the overall benefits
analysis.
    Epidemiologic studies suggest an association between occupational
exposure to formaldehyde and adverse reproductive outcomes in women,
including reduced fertility. EPA does not feel that it has sufficient
information at this time on the relationship between formaldehyde
exposure and reduced fertility to include a valuation estimate in the
overall benefits analysis.
    EPA concluded that, at this time, it only has sufficient
information about the relationship of formaldehyde exposure and the
number of cases of nasopharyngeal cancer and eye irritation to include
valuation estimates of the endpoints in the quantified benefits
analysis. Although uncertainty remains regarding how best to quantify
formaldehyde exposure's effect on other health outcomes, EPA considers
these effects to be important unquantified impacts that contribute to
the overall benefits of this rule, as indicated by the ``+B'' in the
various tables summarizing benefits.
    Table 5 shows the number of cases avoided for an average year of
regulation. The avoided cancer cases occur over the lifetimes of the
individuals with exposure reductions.

                       Table 5--Number of Cases Avoided for an Average Year of Regulation
----------------------------------------------------------------------------------------------------------------
                                                                       Cancer                Eye irritation
                                                             ---------------------------------------------------
                           Option                                Lower        Higher       Lower        Higher
                                                                estimate     estimate     estimate     estimate
----------------------------------------------------------------------------------------------------------------
Option 1: Laminates Included in HWPW Definition with NAF               30           74      101,840      686,754
 Exemption..................................................
Option 2: Final Rule--Laminates Included in HWPW Definition            26           65       92,218      604,155
 after 7 Years with NAF and PF Exemption....................
Option 3: Platform-Specific Emissions Limits for Laminates             28           69       98,279      642,120
 with Reduced Testing.......................................
Option 4: Laminate Emissions Standard Consistent with CARB             19           64       79,190      600,072
 Discussion Draft...........................................
Option 5: Exempt All Laminates from HWPW Definition.........           11           27       53,730      273,758
Option 6: Fully Consistent with Current CARB ATCM...........           11           27       53,730      273,758
----------------------------------------------------------------------------------------------------------------

    Table 6 displays the benefits for the options. The total quantified
benefits of the rule are between $64 million and $186 million per year
(in 2013 dollars) using a 3% discount rate for annualization, and
between $26 million and $79 million per year using a 7% discount rate.
The majority of the quantified benefits are attributable to reductions
in cancer risk.

                                        Table 6--Benefits of the Options
                                                [Millions 2013$]
----------------------------------------------------------------------------------------------------------------
                                             3% Discount rate                        7% Discount rate
             Option              -------------------------------------------------------------------------------
                                    Lower estimate      Higher estimate     Lower estimate      Higher estimate
----------------------------------------------------------------------------------------------------------------
Option 1: Laminates included in   $77 + B             $226 + B            $34 + B             $105 + B
 HWPW Definition with NAF
 Exemption.
Option 2: Final Rule--Laminates   64 + B              186 + B             26 + B              79 + B
 included in HWPW definition
 after 7 Years with NAF and PF
 Exemption.
Option 3: Platform-Specific       71 + B              207 + B             30 + B              95 + B
 Emissions Limits for Laminates
 with Reduced Testing.
Option 4: Laminate Emissions      48 + B              189 + B             21 + B              86 + B
 Standard Consistent with CARB
 Discussion Draft.
Option 5: All Laminates Exempt    29 + B              82 + B              13 + B              37 + B
 from HWPW Definition.
Option 6: Fully Consistent with   29 + B              82 + B              13 + B              37 + B
 Current CARB ATCM.
----------------------------------------------------------------------------------------------------------------
``B'' represents the unquantified health benefits

    There are various reasons why the total quantified benefits may be
underestimated. For example, there are a number of potential health
effects that are not included in this analysis, which are represented
in the table using the indicator ``+B''. Monetization of any health
endpoint identified requires an estimated concentration-response
function that can be appropriately linked for use in the economic
analyses. At this time, EPA only has sufficient data to quantify the
benefits of avoided cases of cancer and sensory irritation, and the
benefits estimates for these two endpoints are incomplete. The
estimated cancer benefits do not include avoided cases of myeloid
leukemia. The estimated benefits for sensory irritation are only based
on eye irritation, and do not reflect the benefits of avoiding nose and
throat irritation.
    4. Costs. The Economic Analysis estimates the incremental cost to
firms located in the U.S. of complying with the requirements of the
rule compared to the activities that firms are already undertaking,
often in response to the CARB ATCM. The total costs by option are
displayed in Table 7. Annualized costs of the rule are $38 million to
$83 million per year using a 3% discount rate and $43 million to $78
million per year using a 7% discount rate. Annualized costs for the
other options ranged from $87 million to $297 million per year using a
3% discount rate, and $105 million to $301 million per year using a 7%
discount rate.

                                         Table 7--Total Costs by Option
                                                [Millions 2013$]
----------------------------------------------------------------------------------------------------------------
                                                                  Annualized  (3%)          Annualized  (7%)
                           Option                            ---------------------------------------------------
                                                                  Low          High         Low          High
----------------------------------------------------------------------------------------------------------------
Option 1: Laminates included in hardwood plywood (HWPW)              $155         $297         $167         $301
 definition with NAF exemption..............................
Option 2: Final Rule--Laminates included in HWPW definition            38           83           43           78
 with NAF and PF exemption..................................
Option 3: Platform-specific emissions limits for laminates             97          102          114          119
 with reduced testing.......................................
Option 4: Laminate emissions standard consistent with CARB             88           88          105          105
 discussion draft...........................................
Option 5: All laminates exempt from HWPW definition.........           87           87          105          105
Option 6: Fully consistent with current CARB ATCM...........          124          124          142          142
----------------------------------------------------------------------------------------------------------------

    Table 8 indicates the cost of the final rule (Option 2) by industry
type.

                                  Table 8--Costs of Final Rule by Industry Type
                                                [Millions 2013$]
----------------------------------------------------------------------------------------------------------------
                                                                  Annualized  (3%)          Annualized  (7%)
                        Industry type                        ---------------------------------------------------
                                                                  Low          High         Low          High
----------------------------------------------------------------------------------------------------------------
Accreditation Bodies........................................        $0.01        $0.01        $0.01        $0.01
Third-Party Certifiers......................................         0.01         0.01         0.01         0.01
Stock panel producers.......................................            2            2            2            2
Laminators..................................................           26           72           26           62
Fabricators (excluding laminators)..........................            6            5            9            8
Wholesalers.................................................            1            1            2            2
Retailers...................................................            3            3            5            5
                                                             ---------------------------------------------------
    Total...................................................           38           83           43           78
----------------------------------------------------------------------------------------------------------------

    The cost estimates for Options 1 and 2 may be overestimates, in
that they underestimate the savings that may accrue to laminated
product producers that switch to phenol-formaldehyde resins or resins
formulated with no-added formaldehyde as part of the resin cross-
linking structure in order to avoid the costs of TPC certification and
product testing. EPA's calculations assumed that producers switching to
qualified resins may incur capital costs for new equipment in order to
use qualified resins, and ongoing costs (such as decreases in
productivity, or increases in resin costs and product rejection rates)
such that the total cost of switching resins would be equivalent to the
cost of certification and testing. In reality, EPA believes that Option
1's NAF exemption and Option 2's NAF and PF exemption would result in
significant cost savings for some producers. However, EPA lacked
sufficient information to estimate the magnitude of such cost savings.
    Furthermore, EPA may be overestimating the cost for Option 2
because the analysis does not account for potential long-term savings
that may accrue as a result of setting the manufactured-by date for
laminated products 7 years from the promulgation of the rule. EPA
believes that the 7 year period will reduce costs because laminated
product producers will be able to more efficiently evaluate different
resin technologies and, where they choose to switch to a phenol-
formaldehyde resin or a resin formulated with no-added formaldehyde as
part of the resin cross-linking structure, to successfully implement a
new resin in their production process. There may also be technological
innovation during this 7 year period that will reduce the cost or
remove some of the technical barriers to using qualified resins in some
applications. However, EPA did not have sufficient information to
estimate the savings to due efficiencies or innovation. Furthermore,
the industry may be able to develop and conduct studies that support
additional exemptions or changes to the rule during this 7 year period,
or after that period, and apply to the Agency for an exemption of their
laminated product from the definition of hardwood plywood. Again, EPA
was unable to predict the cost savings that may result from such
activities.
    5. Net benefits. Net benefits are the difference between benefits
and costs. The net benefits for the options are displayed in Table 9.
The rule is estimated to result in quantified net benefits of -$19
million to $148 million per year using a 3% discount rate, and -$53
million to $36 million per year using a 7% discount rate. Quantified
net benefits for the other options range from -$220 million to $109
million per year using a 3% discount rate and -$268 million to -$20
million per year using a 7% discount rate. There are additional
unquantified benefits due to other avoided health effects. EPA
considers health benefits from avoided health effects to be potentially
important non-monetized impacts that contribute to the overall net
benefits of this rule, and has represented their inclusion in Table 9
using the letter ``B''.

                                      Table 9--Net Benefits of the Options
                                                [Millions 2013$]
----------------------------------------------------------------------------------------------------------------
                                             3% Discount rate                        7% Discount rate
             Option              -------------------------------------------------------------------------------
                                    Lower  estimate    Higher  estimate     Lower  estimate    Higher  estimate
----------------------------------------------------------------------------------------------------------------
Option 1: Laminates included in   ($220) + B          $71 + B             ($268) + B          ($62) + B
 HWPW Definition with NAF
 Exemption.
Option 2: Final Rule--Laminates   ($19) + B           $148 + B            ($53) + B           $36 + B
 included in HWPW definition
 after 7 Years with NAF and PF
 Exemption.
Option 3: Platform-Specific       ($31) + B           $109 + B            ($88) + B           ($20) + B
 Emissions Limits for Laminates
 with Reduced Testing.
Option 4: Laminate Emissions      ($40) + B           $101 + B            ($85) + B           ($20) + B
 Standard Consistent with CARB
 Discussion Draft.
Option 5: All Laminates Exempt    ($58) + B           ($6) + B            ($92) + B           ($67) + B
 from HWPW Definition.
Option 6: Fully Consistent with   ($95) + B           ($43) + B           ($130) + B          ($105) + B
 Current CARB ATCM.
----------------------------------------------------------------------------------------------------------------
``B'' represents the unquantified health benefits.

    The final rule (Option 2) has higher estimated net benefits than
the other options. The lower estimate of quantified net benefits for
the final rule are negative, but EPA believes these quantified
estimates overstate costs and significantly undercount the benefits.
After assessing both the costs and the benefits of the rule, and
considering the unquantified cost savings and benefits, EPA has made a
reasoned determination that the benefits of the rule justify its costs.

B. Paperwork Reduction Act (PRA)

    The information collection requirements in this rule have been
submitted to OMB for review and approval under the PRA, 44 U.S.C. 3501
et seq. The Information Collection Request (ICR) document prepared by
EPA has been assigned EPA ICR number 2446.02, and the OMB Control No.
2070-0185 (Ref. 74). You can find a copy of the ICR in the docket for
this rule, and it is briefly summarized here. The information
collection requirements are not enforceable until OMB approves them.
    The new information collection activities contained in this rule
are designed to assist the Agency in meeting the requirement in section
601(d) of TSCA that EPA promulgate implementing regulations in a manner
that ensures compliance with the TSCA Title VI emission standards. The
new information collection requirements affect firms that sell, supply,
offer for sale, or manufacture (including import) hardwood plywood,
particleboard, MDF, or finished goods containing these materials in the
United States, as well as firms that provide testing and third-party
certification or oversight services. Although firms have the option of
choosing to engage in the covered activities, once a firm chooses to do
so, the information collection activities contained in this rule become
mandatory for that firm.
    Respondents/affected entities: Panel producers, fabricators,
distributors, retailers, TPCs, and ABs.
    Respondent's obligation to respond: Mandatory (15 U.S.C. 2697 et
seq.).
    Estimated number of respondents: 990,000 firms, including 66,000
foreign firms.
    Frequency of response: On occasion.
    Total estimated burden: 1.5 million hours per year when excluding
burden for activities performed in the baseline; 1.7 million hours per
year when including burden for activities

performed in the baseline. Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: $105 million per year when excluding cost for
activities performed in the baseline; $138 million per year when
including cost for activities performed in the baseline; with no
annualized capital or operation & maintenance costs. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a currently valid OMB
control number. The OMB control numbers for EPA's regulations in 40 CFR
are listed in 40 CFR part 9. When OMB approves this ICR, the Agency
will announce that approval in the Federal Register and publish a
technical amendment to 40 CFR part 9 to display the OMB control number
for the approved information collection activities contained in this
final rule.

C. Regulatory Flexibility Act (RFA)

    Pursuant to sections 603 and 609(b) of the RFA, 5 U.S.C. 601 et
seq., EPA prepared an initial regulatory flexibility analysis (IRFA)
for the proposed rule and convened a Small Business Advocacy Review
(SBAR) Panel to obtain advice and recommendations from small entity
representatives that potentially would be subject to the rule's
requirements. Summaries of the IRFA and Panel recommendations are
presented in the proposed rule at 78 FR 34820.
    As required by section 604 of the RFA, the EPA prepared a final
regulatory flexibility analysis (FRFA) for this action (Ref. 75). The
complete FRFA is available in the docket and is summarized here.
    1. Need For and Objectives of the Rule. TSCA section 601(d) directs
EPA to promulgate regulations to implement the formaldehyde standards
for composite wood products described in TSCA section 601(b)(2). EPA is
issuing this rule under TSCA Title VI to implement the statutory
formaldehyde emission standards for hardwood plywood, medium-density
fiberboard, and particleboard sold, supplied, offered for sale, or
manufactured (including imported) in the United States. As directed by
the statute, this rule includes provisions relating to, among other
things, laminated products, products made with ultra-low emitting
formaldehyde or no-added formaldehyde resins, third-party testing and
certification requirements, product labeling, chain of custody
documentation and other recordkeeping requirements, and product
inventory sell-through provisions, including a product stockpiling
prohibition.
    The legal basis for the rule is TSCA section 601(d), which provides
authority for the Administrator to ``promulgate regulations to
implement the standards required under subsection (b) in a manner that
ensures compliance with the emission standards described in subsection
(b)(2).'' Therefore, the central objective of this rule is to ensure
compliance with the TSCA Title VI formaldehyde emission standards.
    2. Description and Number of Small Entities to Which the Rule Will
Apply. The rule potentially affects small ABs and TPCs, as well as
manufacturers (including importers), fabricators, distributors, and
retailers of composite wood products. For purposes of assessing the
impacts of the rule on small entities, small entity is defined as: (1)
A small business as defined by the Small Business Administration's
(SBA) regulations at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field. EPA
estimates that the rule will affect approximately 922,000 small
entities.
    3. Projected Compliance Requirements. As directed by the statute,
this rule includes provisions relating to, among other things,
laminated products, products made with no-added formaldehyde resins or
ultra-low emitting formaldehyde resins, third-party testing and
certification requirements, product labeling, chain of custody
documentation and other recordkeeping requirements, and product
inventory sell-through provisions, including a product stockpiling
prohibition. This rule establishes requirements for ABs, TPCs,
manufacturers (including importers), fabricators, distributors, and
retailers of composite wood products.
    The regulatory provisions in this rule are designed to ensure
compliance with the TSCA Title VI formaldehyde emission standards while
aligning, where practical, with the regulatory requirements under the
CARB ATCM to reduce formaldehyde emissions from composite wood
products. By aligning itself with the existing CARB requirements where
practical, EPA seeks to avoid differing or duplicative regulatory
requirements that would result in an increased burden on the regulated
community. However, EPA deviated from the CARB ATCM where doing so
would reduce burden while still ensuring compliance with the TSCA Title
VI emission standards. The rule has annualized costs that are $41
million to $99 million per year less than an alternative that is fully
consistent with the CARB ATCM, and benefits that are $13 million to
$104 million per year higher.
    4. Classes of Small Entities Subject to the Compliance
Requirements. Small entities include small businesses, small
organizations, and small governmental jurisdictions. The small
businesses that are potentially directly regulated by this rule are
ABs, TPCs, manufacturers (including importers), fabricators,
distributors, or retailers of composite wood products. The small
organizations that are potentially directly regulated by the rule are
small ABs and TPCs. No small governments are expected to be directly
regulated by the rule.
    5. Professional Skills Needed to Comply. ABs must assess TPCs to
determine whether they are eligible for accreditation. Product ABs are
responsible for ensuring that a TPC has a process in place to verify
the accuracy of the formaldehyde quarterly and quality control tests,
and that the TPC has a process in place to monitor panel producer
quality assurance programs, and conduct independent inspections of
panel producers, their quality control testing facilities and their
laboratories. Laboratory ABs are responsible for verifying that the TPC
laboratory is experienced and capable of conducting formaldehyde
emissions tests. These activities are the part of the basic function of
ABs, so qualified ABs should already have the skills needed to conduct
them. ABs must also submit an application to EPA and enter into a
recognition agreement, keep records, and submit notifications and an
annual report, but these activities do not require any special skills.
    TPCs must conduct inspections of composite wood products and
properly train and supervise inspectors to inspect composite wood
products, and have demonstrated experience in performing or verifying
formaldehyde emissions testing on composite wood products. TPCs must
also verify that each panel producer has adequate quality assurance and
quality control procedures and inspect each panel producer, its
products, and its records at least quarterly. These activities are the
part of the basic function of TPCs, so qualified TPCs should already
have the skills needed to conduct them. TPCs must also submit an
application to EPA, keep records, and submit notifications and an
annual report, but these activities do not require any special skills.
    Each panel producer must designate a person as quality control
manager with adequate experience and/or training to

be responsible for formaldehyde emission quality control. EPA has not
incorporated minimum education, experience, or training requirements
for this position, but experience in the wood products industry or a
degree in chemistry or a related field might provide the skills needed
to comply with the requirements.
    A panel producer must be able to follow sampling and handling
procedures for the material that is to be tested. However, those
procedures must be described in the facility's quality control manual,
and specified skills should not be needed to follow the written
procedures.
    Each panel producer must also designate a quality control facility
for conducting quality control formaldehyde testing, and the quality
control facility must have quality control employees with adequate
experience and/or training to conduct accurate chemical quantitative
analytical tests. But instead of performing these functions themselves,
panel producers have the option of hiring an accredited TPC or a
contract laboratory to fulfill these requirements.
    To obtain product certification, a panel producer must apply to an
accredited TPC, and must provide information and notifications to the
TPC. Finally, manufacturers, fabricators, distributors, or retailers of
composite wood products must maintain records. None of these activities
requires any special skills.
    6. Other Federal Rules that may Duplicate, Overlap, or Conflict
with the Rule. HUD has regulations governing formaldehyde emission
levels from plywood and particleboard materials installed in
manufactured homes. (See 24 CFR 3280.308.) However, TSCA Title VI
establishes specific formaldehyde emission standards for hardwood
plywood, particleboard, and medium-density fiberboard and does not
provide EPA with the authority to modify these standards. Furthermore,
the Formaldehyde Standards for Composite Wood Products Act, which
includes TSCA Title VI, directs HUD to revise their regulations to
ensure that they reflect the emission standards in TSCA Title VI. And
the HUD regulations do not deal with the other elements addressed in
these implementing regulations (where EPA does have the authority to
make determinations) such as laminated products, products made with no-
added formaldehyde resins or ultra-low emitting formaldehyde resins,
testing requirements, chain of custody documentation, and product
inventory sell-through provisions. Therefore, the regulatory provisions
for which EPA has flexibility in implementing the statute do not
duplicate, overlap, or conflict with any other Federal rules.
    7. Potential Economic Impacts on Small Entities. Of the
approximately 922,000 small entities affected by the rule, almost
910,000 (about 99 percent) are expected to have costs impacts that are
less than one percent of their revenues, nearly 7,000 entities (less
than 1 percent) are expected to experience impacts at levels between
one and three percent of their revenue, and 5,000 entities (less than 1
percent) are expected to incur costs exceeding three percent of their
revenues.
    Many of the entities with cost impacts above 1 percent of their
revenues are fabricators, wholesalers, and retailers with annualized
costs less than $250 (i.e., they are firms with annual revenues below
$25,000). These entities account for 98 percent of those with cost
impacts that are between 1 and 3 percent and 100 percent of those with
cost impacts that exceed 3 percent.
    8. Small Business Advocacy Review Panel. As required by section
609(b) of the RFA, as amended by the Small Business Regulatory
Enforcement Fairness Act (SBREFA), EPA conducted outreach to small
entities and convened a Small Business Advocacy Review Panel to obtain
advice and recommendations of representatives of the small entities
that potentially would be subject to the rule's requirements. The Panel
solicited input on all aspects of the rule. Consistent with the RFA/
SBREFA requirements, the Panel evaluated the assembled materials and
small-entity comments on issues related to elements of the FRFA. It is
important to note that the Panel's findings and discussion were based
on the information available at the time the final report was prepared
(Ref. 23). EPA has continued to conduct analyses relevant to the rule.
The Panel's most significant findings and recommendations on the TSCA
Title VI implementing regulations are discussed in the preamble to the
proposed rule and in the FRFA for this action.
    9. Alternatives incorporated into the rule. Over the course of this
rulemaking, EPA considered alternatives for various provisions of the
rule. EPA made a concerted effort to keep the costs and burdens
associated with this rule as low as possible while still ensuring
compliance with the TSCA Title VI emission standards. In developing the
rule, EPA considered the statutory requirements and the benefits from
protection of human health and the environment, as well as the
compliance costs imposed by the rule, both in general and on small
entities. EPA took a number of steps to reduce the economic impact that
might be imposed by this rule, on both small and large entities, where
doing so was consistent with the statutory mandate. For example, EPA
established a different compliance schedule for laminated product
producers by setting the manufactured-by date for laminated products at
7 years after promulgation. As another example, EPA has simplified
compliance requirements by allowing laminated product producers,
wholesalers, and retailers that do not import products to use invoices,
bills of lading, or comparable documents to fulfil their recordkeeping
and chain-of-custody obligations. The emission standards are
performance standards rather than design standards. And the rule does
not regulate construction firms that are renovating, remodeling, or
selling buildings from the definitions of fabricator and retailer.
These provisions are not limited to small entities but, given the
number of small entities in the affected industries, they will benefit
many small entities.
    EPA's Economic Analysis analyzed options with different provisions
for the definition of hardwood plywood; the emission standards for
laminated products; the testing and certification requirements for
laminated products; the implementation dates for laminated product
emissions, testing and certification requirements; and the chain of
custody and recordkeeping requirements. Although EPA did not have
sufficient information to analyze and quantify the cost and burden
reductions resulting from many of the provisions it adopted, they still
reduce the impacts of the rule. Some of the steps that EPA took include
the following, which are described in more detail in the FRFA for this
action. These steps include:
     Aligning with the CARB ATCM where practical.
     Defining hardwood plywood to exempt laminated products
made with phenol-formaldehyde resins or resins formulated with no-added
formaldehyde as part of the resin cross-linking structure and compliant
platforms, and allowing laminated products made into component parts to
take advantage of the exemption.
     Establishing the manufactured-by date for laminated
products at 7 years after promulgation.
     Reducing recordkeeping for non-manufacturers.
     Reducing testing for NAF and ULEF products.
     Not requiring retailers to relabel products that they
divide or repackage.

     Reducing quality control testing for small hardwood
plywood production.  Reducing quality control testing for
certain panel producers with consistent operations.
     Allowing grouping of products and product types for
testing.
     Defining hardboard based on industry standards.
     Extending the manufactured-by date for the sell-through
provisions.
     Allowing alternate test methods for quality control
testing.
     Not requiring recordkeeping for most exempt products.
     Allowing TPCs approved by CARB to certify products under
TSCA Title VI for two years after the publication of the final rule.
     Allowing reciprocity for CARB-approved TPCs.
     Allowing representative emission levels to be used to
demonstrate test method equivalence.
     Creating a de minimis exception.
     Not requiring retention of tested lots while awaiting the
test results.
    10. Alternatives considered but not incorporated into the rule. EPA
also considered and rejected several alternatives for the regulation of
laminated products, which could have reduced the economic impacts of
the rule on small entities. For the reasons described below, these
alternatives are not consistent with the statutory objectives and thus
are not incorporated in the final rule. Additional information on the
alternatives that EPA considered is presented elsewhere in this notice.
    a. Complete exemption of laminated products from the definition of
hardwood plywood. This alternative is consistent with the current CARB
ATCM. However, the rulemaking record contains ample evidence that some
laminated products can have high formaldehyde emissions. CARB provided
data on laminated product testing conducted in cooperation with the
American Home Furnishings Alliance (AHFA). CARB tested 16 different
sets of samples, each consisting of the same type of MDF or
particleboard panel in three different states: Raw; with a veneer
attached with a urea-formaldehyde resin; and with a stain or finish
applied to the veneer. In most cases, the laminated products emitted
more formaldehyde than was emitted by the platforms, likely due to the
resin used to affix the veneer. In several cases, the formaldehyde
emissions from the laminated product were considerably higher than the
emissions from the platform.
    Considering the laminated products in the CARB/AHFA data set
without stain or finish (which is how the TSCA Title VI emission
standards are applied), only one of the 16 samples had emissions below
0.05 ppm, the standard for hardwood plywood. For 13 of 16 samples, the
emissions from the veneered product were higher than from the
corresponding raw platform, with increases ranging from 0.04 ppm to
1.17 ppm. Laminated product often had emissions that were an order of
magnitude higher than the particleboard or MDF platforms that they were
made from. Eleven of the 16 samples had emissions above the standard
for their platform type. Five of the eight samples made with MDF
exceeded the 0.11 ppm Phase II standard for MDF, with emissions ranging
from 0.17 ppm to 1.35 ppm. Six of the eight samples made with
particleboard exceeded the 0.09 ppm Phase II standard for
particleboard, with emissions ranging from 0.13 to 1.29 ppm.
    EPA reads TSCA Title VI to include laminated products as hardwood
plywood unless EPA can make the case, based on available and relevant
information, that they should be excluded. EPA finds that the CARB/AHFA
data set provides ample evidence that the process of lamination with
urea-formaldehyde resins generally increases formaldehyde emissions
from composite wood products. Therefore, completely exempting laminated
products from the definition of hardwood plywood would not be
consistent with the statutory objectives.
    b. Emission standard of 0.13 ppm for laminated products with no
testing or certification. This alternative is consistent with CARB's
March 2014 discussion draft. The record, especially the CARB/AHFA data
set, demonstrates that some laminated products have high formaldehyde
emissions, so a requirement that the platform be compliant does not
ensure that a laminated product made with urea-formaldehyde resin will
also be compliant with a 0.13 ppm standard. While thirteen of the raw
platforms in the CARB/AHFA data set complied with the relevant Phase II
emissions standard, only 5 of the 16 veneered samples without stain or
finish met the 0.13 ppm level. Nine of the 16 samples had emissions
ranging from 0.17 to 1.35 ppm. For 13 of 16 samples, the emissions from
the veneered product were higher than from the raw platform. These
increases ranged from 0.04 ppm to 1.17 ppm, and represented an increase
of 57 percent to 2,533 percent compared to the platform emissions.
    Given the CARB/AHFA data set, with formaldehyde emissions from most
veneered samples exceeding 0.13 ppm, EPA is unable to find that this
approach is consistent with the statutory objectives. To the contrary,
this data set provides evidence that without some sort of active effort
to control formaldehyde emissions, whether through the use of phenol-
formaldehyde resins or resins formulated with no-added formaldehyde as
part of the resin cross-linking structure or some emissions testing, it
is likely that many laminated products will exceed a 0.13 ppm emission
standard. Therefore, a 0.13 ppm emission standard for laminated
products with no testing or certification would not be consistent with
the statutory objectives.
    c. Platform-specific emission standards, annual testing, no
certification. Under this alternative, unfinished laminated products
would have to meet the emissions limit for the type of platform they
are made with (0.05 ppm for veneer core, 0.09 ppm for particleboard,
0.11 ppm for MDF, and 0.13 ppm for thin MDF). An annual emissions test
would be required, but TPC certification would not be required.
    The record, especially the CARB/AHFA data set, demonstrates that
some laminated products have high formaldehyde emissions, so a
requirement that the platform be compliant does not, by itself, ensure
that a laminated product made with urea-formaldehyde resin will also be
compliant with the platform emission standard. While 13 of the 16
platforms met the Phase II emission standards, only 5 of 16 of the
veneered products without stain or finish met the emission standard for
their platform.
    Furthermore, an annual emission test may not be sufficient to
ensure compliance for products, particularly those made with urea-
formaldehyde resin. Several public commenters were concerned about the
effect of reduced testing requirements for laminated products. One
questioned whether an annual test could account for variation in
production processes and seasonal variations. Another claimed that it
is inconceivable that an effective and reliable enforcement scheme
could be developed that hinged on a single yearly test. Yet another
stated that annual testing could be misleading, because the testing may
not be accurate or representative of average emissions. EPA agrees that
more than one test per year is important to ensure that laminated
products that are not made with phenol-formaldehyde resins or resins
formulated with no-added formaldehyde as part of the resin cross-
linking structure comply with the emission standard.
    EPA also believes that TPCs have an important role to play in
ensuring

compliance. Various factors (such as resin system, core type, core
resin type, veneer type, and number of plies) could influence
formaldehyde emissions from hardwood plywood, including laminated
products. EPA is allowing TPCs to approve the grouping of products with
similar formaldehyde emission characteristics for quarterly and quality
control testing. EPA believes that the TPC, working in conjunction with
the platform producer, is in the best position to select the product(s)
to be tested in order to determine whether production at the facility
is in compliance with the emission standards.
    Therefore, a platform-specific emission standard for laminated
products with annual testing but no certification would not be
consistent with the statutory objectives.
    d. Conclusion. On the basis of information currently available to
the Agency, EPA has concluded that these alternative options are not
consistent with TSCA Title VI's statutory objective to reduce
formaldehyde emissions from composite wood products.
    In addition, EPA is preparing a Small Entity Compliance Guide to
help small entities comply with this rule. The guide or guides will
have information to assist small TPCs, ABs, fabricators, panel
producers, importers, distributors, and retailers. After the date that
this rule's requirements take effect the guide or guides will be
available on EPA's Web site http://www.epa.gov/formaldehyde.

D. Unfunded Mandates Reform Act (UMRA)

    This action contains a Federal mandate under UMRA, 2 U.S.C. 1531-
1538, that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. Accordingly, EPA has prepared a written
statement required under section 202 of UMRA (Ref. 76). The statement
is included in the docket for this action and briefly summarized here.
    1. Authorizing legislation. This rule is issued under the authority
of section 601 of TSCA, 15 U.S.C. 2697.
    2. Cost-benefit analysis. The Economic Analysis (Ref. 3) presents
the costs of the rule as well as various regulatory options and is
summarized in Unit VI.A. The rule is calculated to result in a total
cost of $253 million to $359 million in the first year, although this
is likely an overestimate. (The rule allows laminators 7 years before
they must begin using NAF or PF resins and compliant platforms, or have
their products tested and certified. EPA's analysis assumes that
laminated product producers that decide to switch to qualified resins
would incur all the transition costs in the first year, while in
reality those costs are likely to be spread over the 6 year period.)
The subsequent year costs are lower, so that the total annualized cost
of this rule is $38 million to $83 million per year when using a 3
percent discount rate and $43 million to $78 million per year using a 7
percent discount rate. When adjusted for inflation, the $100 million
UMRA threshold is equivalent to approximately $153 million in 2013
dollars. Thus, the first cost of the rule to the private sector and
State, local, and Tribal governments in the aggregate may exceed the
inflation-adjusted UMRA threshold.
    This rule will reduce exposures to formaldehyde, resulting in
benefits from avoided adverse health effects. For the subset of health
effects where the results were quantified, the estimated annualized
benefits (due to avoided incidence of nasopharyngeal cancer and eye
irritation) are $64 million to $186 million per year using a 3%
discount rate, and $26 million to $79 million per year using a 7%
discount rate. There are additional unquantified benefits due to other
avoided health effects.
    Net benefits are the difference between benefits and costs. The
rule is estimated to result in quantified net benefits of -$19 million
to $148 million per year using a 3% discount rate, and -$53 million to
$36 million per year using a 7% discount rate. EPA considers
unquantified cost savings for laminated product producers (from the NAF
and PF exemption and the 7 year period to meet the emission standards)
as well as the additional unquantified health benefits to be
potentially important non-monetized impacts that contribute to the
overall net benefits of this rule.
    3. State, local, and Tribal government input. Consistent with the
intergovernmental consultation provisions of section 204 of the UMRA
EPA has consulted with governmental entities affected by this rule.
With the assistance of the National Conference of State Legislatures,
EPA consulted with state environmental health directors, who were
generally supportive of EPA's efforts. And EPA has met with officials
from the state of California on numerous occasions to discuss aspects
of the CARB ATCM and its implementation. California is very supportive
of EPA's efforts to promulgate regulations to implement national
composite wood product formaldehyde emission standards that are modeled
on the CARB ATCM.
    4. Least burdensome option. Consistent with section 205, EPA has
identified and considered a reasonable number of regulatory
alternatives. TSCA Title VI establishes specific formaldehyde emission
standards for hardwood plywood, particleboard, and medium-density
fiberboard and does not provide EPA with the authority to modify these
standards. The statute further directs EPA to promulgate implementing
regulations that address elements such as laminated products, products
made with ultra low-emitting formaldehyde resins, products made with
no-added formaldehyde resins, testing requirements, product labeling,
chain of custody documentation and other recordkeeping requirements,
and product inventory sell-through provisions. EPA has considered a
number of regulatory alternatives for regulating laminated products, as
described in Unit III and elsewhere in this Unit, as well as in the
Economic Analysis (Ref. 3). The final rule has the lowest cost of the
alternatives that EPA considered. Furthermore, the available
information indicates that laminated products made with urea-
formaldehyde resins can have high formaldehyde emissions. Therefore, on
the basis of information currently available to the Agency, EPA has
concluded that the alternative options for laminated products would not
be consistent with the statutory objective to reduce formaldehyde
emissions from composite wood products. After assessing both the costs
and the benefits of the rule (both quantified and unquantified), EPA
has determined that the rule is the least burdensome option that is
consistent with TSCA Title VI's objective.
    This action is not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). 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.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The rule would
not regulate tribal governments directly, it would regulate

entities that accredit TPCs, certify panel producers, or manufacture
(including import), fabricate, distribute, or sell composite wood
products. Governments do not typically engage in these activities.
Tribal governments do not typically engage in these activities. Thus,
Executive Order 13175 does not apply to this action.

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

    This action is subject to Executive Order 13045 because it is an
economically significant regulatory action as defined by Executive
Order 12866, and the EPA believes that the environmental health or
safety risk addressed by this action may have a disproportionate effect
on children. Accordingly, we have evaluated the environmental health or
safety effects on children. This action's health and risk assessments
are described in Units I.F. and II.A. and contained in the economic
analysis (Ref. 3). As described therein, exposure to formaldehyde may
cause disproportionate effects on children compared to adults both in
terms of cancer risk, and respiratory effects. The rule itself will not
have disproportionally high and adverse effects on children. Rather,
these standards would reduce emissions of formaldehyde from composite
wood products for individuals of all ages that are exposed and children
may accrue higher benefits from the exposure reductions compared to
adults.

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

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have any adverse effect on the supply, distribution, or use
of energy. Further, this rule is not likely to have any adverse energy
effects because it regulates formaldehyde emissions from composite wood
products and does not require any action related to the supply,
distribution, or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards, many of which EPA is
directed to use by TSCA Title VI. Technical standards identified in the
statute include the two quarterly test methods, ASTM E1333-96 and ASTM
D6007-02, a quality control test method, ASTM D5582-00, and various
standards that define specific composite wood products, such as ASTM D-
5456-06 (Structural Composite Lumber Products), ASTM D-5055-05
(Prefabricated Wood I-Joists), ANSI/AITC A190.1 (Structural Glued
Laminated Timber), ANSI/HPVA HP-1-2009 (Hardwood and Decorative
Plywood), ANSI A208.2-2009 (Medium Density Fiberboard), ANSI A208.1-
2009 (Particleboard), PS 1-07 (Structural Plywood), and PS 2-04 (Wood-
Based Structural-Use Panels).
    In addition, EPA has identified other voluntary consensus standards
and incorporated them into this action. These include standards for
accreditation and certification (ISO/IEC 17011, ISO/IEC 17020, ISO/IEC
17025, and ISO/IEC 17065), as well as the revised quarterly test
method, ASTM E1333-10, and standards that define hardboard, ANSI
A135.4, ANSI A135.5, ANSI A135.6, and ANSI 135.7. EPA is allowing
certain alternative quality control test methods that are incorporated
in voluntary consensus standards, EN 717-2 (gas analysis), EN 120
(perforator), and JIS A 1460 (24-hour desiccator).
    EPA is using voluntary consensus standards issued by the
International Organization for Standardization, ASTM International, the
American National Standards Institute, the National Institute of
Standards and Technology, the European Committee for Standardization,
Georgia Pacific Chemicals LLC, and the Japanese Standards Association.
Copies of the standards referenced in the regulatory text have been
placed in the docket for this rule. See Unit IV for information on how
to obtain copies of these standards from other sources.

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

    EPA has determined that the human health or environmental risk
addressed by 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 results of this evaluation
are contained in the Economic Analysis (Ref. 3).
    The Economic Analysis, described in Unit VI.A, monetizes the
benefits from reducing the number of cases of nasopharyngeal cancer and
sensory irritation and includes an environmental justice analysis that
expands on the primary benefits analysis by analyzing the monetized
impacts specifically for minority and low-income populations. Results
indicate that disaggregation of total benefits by population groups
leads to variation in the range of individual benefits, by minority
population. The affected Non-Hispanic White population accounts for 63%
of the total affected population, and accrues 59% of the quantified
benefits. In comparison, for minority populations the quantified
benefits equal or exceed their share of the total population. Minority
populations represent about 37% of the individuals affected by the rule
and are estimated to accrue about 41% of the rule's quantified
benefits. The affected Non-Hispanic Black population account for 11% of
the total affected population, accrue 12% of the quantified benefits.
The affected Hispanic population account for 17% of the total affected
population, and accrue 19% of the quantified benefits. The affected
Non-Hispanic American Indian or Alaska Native population account for
0.7% of the total affected population, accrue 0.7% of the quantified
benefits. The affected low-income population account for 15% of the
total affected population and accrue 18% of the quantified benefits.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is a ``major
rule'' as defined by 5 U.S.C. 804(2).

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: July 27, 2016.
Gina McCarthy,
Administrator.
    Therefore, 40 CFR chapter I, subchapter R, is amended by adding
part 770 to read as follows:

PART 770--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS

Subpart A--General Provisions
Sec.
770.1 Scope and applicability.
770.2 Effective dates.
770.3 Definitions.
770.4 Exemption from the hardwood plywood definition for certain
laminated products.
770.5 Prohibited acts.

Subpart B--EPA TSCA Title VI Third-Party Certification Program
770.7 Third-party certification.
770.8 Applications, notifications, and reports.
Subpart C--Composite Wood Products
770.10 Formaldehyde emission standards.
770.12 Stockpiling.
770.15 Composite wood product certification.
770.17 No-added formaldehyde-based resins.
770.18 Ultra low-emitting formaldehyde resins.
770.20 Testing requirements.
770.21 Quality control manual, facilities, and personnel.
770.22 Non-complying lots.
770.24 Samples for testing.
770.30 Importers, fabricators, distributors, and retailers.
770.40 Reporting and recordkeeping.
770.45 Labeling.
Subpart D--Incorporation by Reference
770.99 Incorporation by reference.

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

Subpart A--General Provisions

Sec.  770.1   Scope and applicability.

    (a) This part contains formaldehyde emission standards, testing and
certification provisions, and other requirements for the manufacture
(including import), distribution, and sale of composite wood products,
component parts that contain composite wood products, and finished
goods that contain composite wood products.
    (b) This part applies to:
    (1) Laboratory Accreditation Bodies (ABs) and Product ABs that are
accrediting third-party certifiers (TPCs) for TSCA Title VI (15 U.S.C.
2697(d)) purposes and those that wish to commence accrediting TPCs for
TSCA Title VI purposes.
    (2) TPCs that are certifying composite wood products for TSCA Title
VI compliance and those that wish to commence certifying composite wood
products for TSCA Title VI compliance.
    (3) Any composite wood products, and component parts or finished
goods containing these materials, that are sold, supplied, offered for
sale, or manufactured (including imported) in the United States,
including composite wood products used or installed in manufactured
housing.
    (c) Subparts B, C, and D of this part do not apply to the
following:
    (1) Any finished good that has previously been sold or supplied to
an end user, an individual or entity that purchased or acquired the
finished good in good faith for purposes other than resale. For
example, subparts B, C, and D of this part do not apply to antiques or
secondhand furniture.
    (2) Hardboard.
    (3) Structural plywood, as specified in PS 1-07, Voluntary Product
Standard--Structural Plywood (incorporated by reference, see Sec.
770.99).
    (4) Structural panels, as specified in PS 2-04, Voluntary Product
Standard--Performance Standard for Wood-Based Structural-Use Panels
(incorporated by reference, see Sec.  770.99).
    (5) Structural composite lumber, as specified in ASTM D5456-06,
Standard Specification for Evaluation of Structural Composite Lumber
Products (incorporated by reference, see Sec.  770.99).
    (6) Oriented strand board.
    (7) Glued laminated lumber, as specified in ANSI/AITC A190.1-2002,
Structural Glued Laminated Timber (incorporated by reference, see Sec.
770.99).
    (8) Prefabricated wood I-joists, as specified in ASTM D5055-05,
Standard Specification for Establishing and Monitoring Structural
Capacities of Prefabricated Wood I-Joists (incorporated by reference,
see Sec.  770.99).
    (9) Finger-jointed lumber.
    (10) Wood packaging, including pallets, crates, spools, and
dunnage.
    (11) Composite wood products used inside the following:
    (i) New vehicles (other than recreational vehicles) that are
constructed entirely from new parts and that have never been the
subject of a retail sale or registered with the applicable State or
other governmental agency.
    (ii) New rail cars.
    (iii) New boats.
    (iv) New aerospace craft.
    (v) New aircraft.
    (d) The emission standards in Sec.  770.10 do not apply to windows
that contain composite wood products, if the windows contain less than
five percent by volume of composite wood products, combined, in
relation to the total volume of the finished window.
    (e) The emission standards in Sec.  770.10 do not apply to exterior
doors and garage doors that contain composite wood products, if:
    (1) The doors are made from composite wood products manufactured
with no-added formaldehyde-based resins or ultra low-emitting
formaldehyde resins; or
    (2) The doors contain less than three percent by volume of
composite wood products, combined, in relation to the total volume of
the finished exterior door or garage door.

Sec.  770.2   Effective dates.

    (a) This rule is effective February 10, 2017.
    (b) Laboratory and Product ABs that wish to accredit TPCs for TSCA
Title VI purposes may apply to EPA beginning February 10, 2017 to
become recognized. Laboratory and Product ABs must be recognized by EPA
before they begin to provide and at all times while providing TSCA
Title VI accreditation services.
    (c) TPCs that are not approved by the California Air Resources
Board (CARB) that wish to provide TSCA Title VI certification services
may apply to EPA beginning February 10, 2017 to become recognized. TPCs
must be recognized by EPA and comply with all of the applicable
requirements of this part before they begin to provide and at all times
while providing TSCA Title VI certification services.
    (d) Notwithstanding any other provision of this part, TPCs that are
approved by CARB to certify composite wood products have until December
12, 2018 to become accredited by an EPA TSCA Title VI AB(s) pursuant to
the requirements of this part. During this two-year transition period,
existing CARB-approved TPCs and CARB TPCs approved during this
transition period may carry out certification activities under TSCA
Title VI, provided that they remain approved by CARB and comply with
all aspects of this part other than the requirements of Sec.
770.7(c)(1)(i) and (ii) and (c)(2)(iii) and (iv). After the two-year
transition period, CARB-approved TPCs may continue to certify composite
wood products under TSCA Title VI provided the TPC maintains its CARB
approval, follows the requirements under this part, submits to EPA
documentation from CARB supporting their eligibility for reciprocity
and has received EPA recognition as an EPA TSCA Title VI TPC. All TPCs
that are certifying products as compliant with TSCA Title VI, both
during and after the transition period, are subject to enforcement
actions for any violations of TSCA Title VI or these regulations.
    (e) After December 12, 2017, 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) After December 12, 2017, laminated product producers must
comply with the requirements of this part that are applicable to
fabricators.
    (2) After December 12, 2023, producers of laminated products must
comply with the requirements of this part that are applicable to
hardwood

plywood panel producers (in addition to the requirements of this part
that are applicable to fabricators) except as provided at Sec.  770.4.
    (3) After December 12, 2023, producers of laminated products that,
as provided at Sec.  770.4, are exempt from the definition of
``hardwood plywood'' must comply with the recordkeeping requirements in
Sec.  770.40(c) and (d) (in addition to the requirements of this part
that are applicable to fabricators).
    (4) Composite wood products manufactured (including imported)
before December 12, 2017 may be sold, supplied, offered for sale, or
used to fabricate component parts or finished goods at any time.

Sec.  770.3   Definitions.

    For the purposes of this part, the following definitions apply:
    Accreditation Body or AB means an organization that provides an
impartial verification of the competency of conformity assessment
bodies or TPCs.
    Agent for Service means an entity designated by a TPC or AB to
receive legal documents on their behalf.
    Article means a manufactured item which:
    (1) Is formed to a specific shape or design during manufacture;
    (2) Has end use functions dependent in whole or in part upon its
shape or design during the end use; and
    (3) Has either no change of chemical composition during its end use
or only those changes of composition which have no commercial purpose
separate from that of the article and that may occur as described in 19
CFR 12.120(a)(2), except that fluids and particles are not considered
articles regardless of shape or design.
    Assessment means a process to include an on-site review undertaken
by an AB to assess the competence of all operations of a conformity
assessment body and TPC, based on particular standard(s) and/or other
normative documents for a defined scope of accreditation, as defined in
ISO/IEC 17011:2004(E) (incorporated by reference, see Sec.  770.99).
    Bundle means more than one composite wood product, component part,
or finished good fastened together for transportation or sale.
    Combination core means a platform for making hardwood plywood or
laminated products that consists of a combination of layers of veneer
and particleboard or medium density fiberboard.
    Component part means an object other than a panel that contains one
or more composite wood products and is used in the construction or
assembly of finished goods. Component parts that are sold directly to
consumers are considered finished goods.
    Composite core means a platform for making hardwood plywood or
laminated products that consists of particleboard and/or medium density
fiberboard, or combination core.
    Composite wood product means hardwood plywood made with a veneer or
composite core, medium-density fiberboard, and particleboard.
    Distributor means any person or entity to whom a composite wood
product, component part, or finished good is sold or supplied for the
purposes of resale or distribution in commerce, except that
manufacturers and retailers are not distributors.
    Engineered veneer means a type of veneer that is created by dyeing
and gluing together leaves of veneer in a mold to produce a block. The
block is then sliced into leaves of veneer with a designed appearance
that is highly repeatable.
    EPA TSCA Title VI Laboratory Accreditation Body or EPA TSCA Title
VI Laboratory AB means an AB that has a recognition agreement with EPA
under the EPA TSCA Title VI Third-Party Certification Program,
accredits a TPC's testing laboratory or contract testing laboratory to
ISO/IEC 17025:2005(E) (incorporated by reference, see Sec.  770.99)
with a scope of accreditation to include this part and the formaldehyde
test methods used to comply with this part, and assesses the testing
laboratory's conformance to ISO/IEC 17020:2012(E) (incorporated by
reference, see Sec.  770.99) in order to perform laboratory testing
services.
    EPA TSCA Title VI Product Accreditation Body or EPA TSCA Title VI
Product AB means an AB that has a recognition agreement with EPA under
the EPA TSCA Title VI Third-Party Certification Program, accredits a
TPC to ISO/IEC 17065:2012(E) (incorporated by reference, see Sec.
770.99) with a scope of accreditation to include composite wood
products and this part, and assesses the TPC's conformance to ISO/IEC
17020:1998(E) (incorporated by reference, see Sec.  770.99) in order to
perform product certification.
    EPA TSCA Title VI Third-Party Certifier or EPA TSCA Title VI TPC
means a conformity assessment body that provides both product
certification services and laboratory testing services (either directly
or through contracted services), is accredited by an EPA TSCA Title VI
Product AB and an EPA TSCA Title VI Laboratory AB (unless the
laboratory testing services are contracted to a laboratory accredited
by an EPA TSCA Title VI Laboratory AB), and is recognized by EPA
pursuant to Sec.  770.7(c).
    Fabricator means a person or entity who incorporates composite wood
products into component parts or into finished goods. This includes
laminated product producers, but persons or entities in the
construction trades are not fabricators by renovating or remodeling
buildings.
    Finished good means any good or product, other than a panel, that
contains hardwood plywood (with a veneer or composite core),
particleboard, or medium-density fiberboard and that is not a component
part or other part used in the assembly of a finished good. Site-built
buildings or other site-built real property improvements are not
considered finished goods.
    Hardboard means a composite panel composed of cellulosic fibers,
consolidated under heat and pressure in a hot press by: A wet process;
or a dry process that uses a phenolic resin, or a resin system in which
there is no formaldehyde as part of the resin cross-linking structure;
or a wet formed/dry pressed process; and that is commonly or
commercially known, or sold, as hardboard, including any product
conforming to one of the following ANSI standards: Basic Hardboard
(ANSI A135.4-2012) (incorporated by reference, see Sec.  770.99),
Prefinished Hardboard Paneling (ANSI A135.5-2012) (incorporated by
reference, see Sec.  770.99), Engineered Wood Siding (ANSI A135.6-2012)
(incorporated by reference, see Sec.  770.99), or Engineered Wood Trim
(ANSI A135.7-2012) (incorporated by reference, see Sec.  770.99). There
is a rebuttable presumption that products emitting more than 0.06 ppm
formaldehyde as measured by ASTM E1333-10 (incorporated by reference,
see Sec.  770.99) or ASTM D6007-02 (incorporated by reference, see
Sec.  770.99) are not hardboard.
    Hardwood plywood means a hardwood or decorative panel that is
intended for interior use and composed of (as determined under ANSI/
HPVA HP-1-2009 (incorporated by reference, see Sec.  770.99)) an
assembly of layers or plies of veneer, joined by an adhesive with a
lumber core, a particleboard core, a medium-density fiberboard core, a
hardboard core, a veneer core, or any other special core or special
back material. Hardwood plywood does not include military-specified
plywood, curved plywood, or any plywood specified in PS 1-07, Voluntary
Product Standard--Structural Plywood (incorporated by reference, see
Sec.  770.99), or PS 2-04, Voluntary Product

Standard--Performance Standard for Wood-Based Structural-Use Panels
(incorporated by reference, see Sec.  770.99). In addition, hardwood
plywood includes laminated products except as provided at Sec.  770.4.
    Importer means any person or entity who imports composite wood
products, component parts, or finished goods into the customs territory
of the United States (as defined in general note 2 of the Harmonized
Tariff Schedules of the United States pursuant to 15 U.S.C.
2612(a)(1)). Importer includes:
    (1) The entity primarily liable for the payment of any duties on
the products; or
    (2) An authorized agent acting on the entity's behalf.
    Intended for interior use means intended for use or storage inside
a building or recreational vehicle, or constructed in such a way that
it is not suitable for long-term use in a location exposed to the
elements. Windows, doors, and garage doors with at least one interior-
facing side are intended for interior use.
    Laboratory Accreditation Body or Laboratory AB means an AB that
accredits conformity assessment body testing laboratories.
    Laminated product means a product in which a wood or woody grass
veneer is affixed to a particleboard core or platform, a medium-density
fiberboard core or platform, or a veneer core or platform. A laminated
product is a component part used in the construction or assembly of a
finished good. In addition, a laminated product is produced by either
the fabricator of the finished good in which the product is
incorporated or a fabricator who uses the laminated product in the
further construction or assembly of a component part.
    Laminated product producer means a manufacturing plant or other
facility that manufactures (excluding facilities that solely import
products) laminated products on the premises. Laminated product
producers are fabricators and, after December 12, 2023, laminated