product producers are also hardwood plywood panel producers except as
provided at Sec.  770.4.
    Lot means the panels produced from the beginning of production of a
product type until the first quality control test; between one quality
control test and the next; or from the last quality control test to the
end of production for a particular product type.
    Medium-density fiberboard means a panel composed of cellulosic
fibers made by dry forming and pressing a resinated fiber mat (as
determined under ANSI A208.2-2009 (incorporated by reference, see Sec.
770.99)).
    No-added formaldehyde-based resin means a resin formulated with no
added formaldehyde as part of the resin crosslinking structure in a
composite wood product that meets the emission standards in Sec.
770.17(c).
    Non-complying lot means any lot of composite wood product
represented by a quarterly test value or quality control test result
that indicates that the lot exceeds the applicable standard for the
particular composite wood product in Sec.  770.10(b). A quality control
test result that exceeds the QCL is considered a test result that
indicates that the lot exceeds the applicable standard. Future
production of the product type(s) represented by a failed quarterly
test are not considered certified and must be treated as a non-
complying lot until the product type(s) are re-qualified through a
successful quarterly test.
    Panel means a thin (usually less than two inches thick), flat,
usually rectangular piece of particleboard, medium-density fiberboard
or hardwood plywood. Embossing or imparting of an irregular surface on
the composite wood products by the original panel producer during
pressing does not remove the product from this definition. Cutting a
panel into smaller pieces, without additional fabrication, does not
make the panel into a component part or finished good. This does not
include items made for the purpose of research and development,
provided such items are not sold, supplied, or offered for sale.
    Panel producer means a manufacturing plant or other facility that
manufactures (excluding facilities that solely import products)
composite wood products on the premises.
    Phenol-formaldehyde resin means a resin that consists primarily of
phenol and formaldehyde and does not contain urea-formaldehyde.
    Particleboard means a panel composed of cellulosic material in the
form of discrete particles (as distinguished from fibers, flakes, or
strands) that are pressed together with resin (as determined under ANSI
A208.1-2009 (incorporated by reference, see Sec.  770.99)).
Particleboard does not include any product specified in PS 2-04,
Performance Standard for Wood-Based Structural-Use Panels (incorporated
by reference, see Sec.  770.99).
    Product Accreditation Body or Product AB means an AB that accredits
conformity assessment bodies who perform product certification.
    Product type means a type of composite wood product, or group of
composite wood products, made by the same panel producer with the same
resin system that differs from another product type based on panel
composition and formaldehyde emission characteristics. Grouped products
must have similar formaldehyde emission characteristics and their
emissions must fit the same correlation curve or linear regression.
    Production line means a set of operations and physical industrial
or mechanical equipment used to produce a composite wood product in one
facility utilizing the same or similar equipment and quality assurance
and quality control procedures.
    Purchaser means any panel producer, importer, fabricator,
distributor, or retailer that acquires composite wood products,
component parts, or finished goods for purposes of resale in exchange
for money or its equivalent.
    Quality control limit or QCL means the value from the quality
control method test that is the correlative equivalent to the
applicable emission standard based on the ASTM E1333-10 method
(incorporated by reference, see Sec.  770.99).
    Reassessment means an assessment, as described in sections 7.5 to
7.11 of ISO/IEC 17011:2004(E) (incorporated by reference, see Sec.
770.99), except that experience gained during previous assessments
shall be taken into account.
    Recreational vehicle means a vehicle which is:
    (1) Built on a single chassis;
    (2) Four hundred square feet or less when measured at the largest
horizontal projections;
    (3) Self-propelled or permanently towable by a light duty truck;
and
    (4) Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or
seasonal use.
    Retailer means any person or entity that sells, offers for sale, or
supplies directly to consumers composite wood products, component parts
or finished goods that contain composite wood products, except that
persons or entities in the construction trades are not considered
retailers by selling, renovating, or remodeling buildings.
    Resin system means type of resin used, including but not limited to
urea-formaldehyde, soy, phenol-formaldehyde, or melamine-urea-
formaldehyde.
    Scavenger means a chemical or chemicals that can be applied to
resins or composite wood products either during or after manufacture
and that react with residual or excess formaldehyde to reduce the
amount of

formaldehyde that can be emitted from composite wood products.
    Shipping quality control limit means a quality control limit that
is developed in conjunction with an EPA TSCA Title VI TPC that is based
on panels prior to shipment rather than immediately after
manufacturing.
    Stockpiling means manufacturing or purchasing composite wood
products, whether in the form of panels or incorporated into component
parts or finished goods, between July 7, 2010 and June 12, 2017 at an
average rate at least 20% greater than the average rate of manufacture
or purchase during the 2009 calendar year for the purpose of
circumventing the emission standards and other requirements of this
subpart.
    Thin medium-density fiberboard means medium-density fiberboard that
has a thickness less than or equal to 8 millimeters or 0.315 inches.
    Third-party certifier or TPC means a conformity assessment body
that provides both product certification services and laboratory
testing services (either directly or through contracted services).
    TPC laboratory means a laboratory or contract laboratory of an EPA
TSCA Title VI TPC that is accredited by an EPA TSCA Title VI Laboratory
AB to ISO/IEC 17025:2005(E) (incorporated by reference, see Sec.
770.99), and whose inspection activities are in conformance with ISO/
IEC 17020:1998(E) (incorporated by reference, see Sec.  770.99).
    Surveillance On-Site Assessment means a set of on-site activities
that are less comprehensive than reassessment, to monitor the continued
fulfilment by accredited conformance assessment bodies of requirements
for accreditation, as described in sections 7.5 to 7.11 of ISO/IEC
17011:2004(E) (incorporated by reference, see Sec.  770.99).
    Ultra low-emitting formaldehyde resin means a resin in a composite
wood product that meets the emission standards in Sec.  770.18(c).
    Veneer means a sheet of wood or woody grass with a maximum
thickness of 6.4 millimeters (\1/4\ inch) that is rotary cut, sliced,
or sawed from a log, bolt, flitch, block, or culm; including engineered
veneer.
    Veneer core means a platform for making hardwood plywood or
laminated products that consists of veneer.
    Woody grass means a plant of the family Poaceae (formerly
Gramineae) with hard lignified tissues or woody parts.

Sec.  770.4   Exemption from the hardwood plywood definition for
certain laminated products.

    (a) Current exemptions. The definition of the term ``hardwood
plywood'' in Sec.  770.3 does not include:
    (1) Laminated products made by attaching a wood or woody grass
veneer with a phenol-formaldehyde resin to a platform that has been
manufactured in compliance with this part (including either certified
in accordance with Sec.  770.15, manufactured with no-added
formaldehyde-based resins under Sec.  770.17, or manufactured with
ultra low-emitting formaldehyde-based resins under Sec.  770.18).
    (2) Laminated products made by attaching a wood or woody grass
veneer with a resin formulated with no-added formaldehyde as part of
the resin cross-linking structure to a platform that has been
manufactured in compliance with this part (including either certified
in accordance with Sec.  770.15, manufactured with no-added
formaldehyde-based resins under Sec.  770.17, or manufactured with
ultra low-emitting formaldehyde-based resins under Sec.  770.18).
    (b) Rulemaking petitions for exemption. (1) Any person may petition
the Agency to initiate a rulemaking for additional exemptions for
laminated products from the definition of the term ``hardwood
plywood,'' pursuant to 15 U.S.C. 2697(a)(3)(C)(i)(I).
    (2) Each petition should provide all available and relevant
information, including studies conducted and formaldehyde emissions
data, and should be submitted to: Director, National Program Chemicals
Division, Office of Pollution Prevention and Toxics (MC 7404T), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave NW., Washington,
DC 20460-001.
    (3) EPA will promptly review each submitted petition and, where
appropriate, publish a proposed rule in the Federal Register based on
the petition and provide a public comment period of generally 30 days
before taking a final action.

Sec.  770.5   Prohibited acts.

    (a) Failure or refusal to comply with any requirement of TSCA
section 601 (15 U.S.C. 2697) or this part is a violation of TSCA
section 15 (15 U.S.C. 2614).
    (b) Failure or refusal to establish and maintain records or to make
available or permit access to or copying of records, as required by
this part, is a violation of TSCA section 15 (15 U.S.C. 2614).
    (c) Making false or misleading statements in any statement,
certification, or record required by this part is a violation of TSCA
section 15 (15 U.S.C. 2614).
    (d) Violators may be subject to civil and criminal sanctions
pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation.

Subpart B--EPA TSCA Title VI Third-Party Certification Program

Sec.  770.7   Third-party certification.

    (a) EPA TSCA Title VI Product ABs. To participate in the EPA TSCA
Title VI Third-Party Certification Program as an EPA TSCA Title VI
Product AB, a Product AB must have the qualifications described in this
section, submit an application and enter into a recognition agreement
with EPA as described in this section, and, upon recognition from EPA,
impartially perform the responsibilities described in this section.
    (1) Qualifications. To qualify for recognition by EPA in the EPA
TSCA Title VI Third-Party Certification Program as an EPA TSCA Title VI
Product AB, an applicant Product AB must:
    (i) Be a signatory to the International Accreditation Forum, Inc.'s
(IAF) Multilateral Recognition Arrangement (MLA) through level three,
or have membership in one of the IAF recognized regional accreditation
cooperations, or an equivalent organization as determined by EPA;
    (ii) Be in conformance with ISO/IEC 17011:2004(E) (incorporated by
reference, see Sec.  770.99); and
    (iii) Be competent to perform accreditation activities for product
certification according to ISO/IEC 17065:2012(E) (incorporated by
reference, see Sec.  770.99).
    (2) Application. To be recognized by EPA under the EPA TSCA Title
VI Third-Party Certification Program, a Product AB must submit an
application to EPA in accordance with Sec.  770.8 that contains the
following:
    (i) Name, address, telephone number, and email address of the
organization or primary contact;
    (ii) Documentation of IAF MLA signatory status, membership in one
of the IAF recognized regional accreditation cooperations, or an
equivalent organization as determined by EPA;
    (iii) Description of any other qualifications related to the
Product AB's experience in performing product accreditation of TPCs for
manufactured products including an affirmation that assessors will be
technically competent to assess a TPC's ability to perform their
activities under paragraph (c)(4) of this section; and

    (iv) If not a domestic entity, name and address of an agent for
service located in the United States. Service on this agent constitutes
service on the AB or any of its officers or employees for any action by
EPA or otherwise by the United States related to the requirements of
this part. ABs may share an agent for service.
    (3) Recognition agreement. To be recognized by EPA under the EPA
TSCA Title VI Third-Party Certification Program, a Product AB must
enter into a recognition agreement with EPA that describes the EPA TSCA
Title VI Product AB's responsibilities under this subpart.
    (i) Each recognition agreement will be valid for three years.
    (ii) Each recognition agreement will identify an EPA Recognition
Agreement Implementation Officer and an EPA TSCA Title VI Product AB
Implementation Officer that will serve as the point of contact for the
EPA TSCA Title VI Third-Party Certification Program.
    (iii) To renew a recognition agreement for an additional three-year
period, the EPA TSCA Title VI Product AB must submit an application for
renewal in accordance with Sec.  770.8 before the three-year period of
the recognition agreement lapses. The application must indicate any
changes from the EPA TSCA Title VI Product AB's initial application or
most recent renewal application.
    (iv) If an EPA TSCA Title VI Product AB fails to submit an
application for renewal prior to the expiration of the previous
recognition agreement, its recognition will lapse and the EPA TSCA
Title VI Product AB may not provide accreditation services under TSCA
Title VI.
    (v) If an EPA TSCA Title VI Product AB does submit an application
for renewal prior to the expiration of the previous recognition
agreement, it may continue to provide TSCA Title VI accreditation
services under the terms of its previous recognition agreement until
EPA has taken action on its application for renewal of the recognition
agreement.
    (4) Impartiality. EPA TSCA Title VI Product ABs must act
impartially when performing activities under the EPA TSCA Title VI
Third-Party Certification Program. To demonstrate impartiality, Product
ABs must:
    (i) Ensure that an accreditation decision regarding a TPC is made
by persons different from those who conducted the assessment of the
TPC; and
    (ii) Ensure that the AB's personnel who assess TPCs or make
decisions regarding accreditation do not receive financial benefit from
the outcome of an accreditation decision.
    (5) Responsibilities. Each EPA TSCA Title VI Product AB has the
following responsibilities under the EPA TSCA Title VI Third-Party
Certification Program:
    (i) Accreditation. EPA TSCA Title VI Product ABs must determine the
accreditation eligibility, and accredit if appropriate, each TPC
seeking recognition under the EPA TSCA Title VI Third-Party
Certification Program by performing an assessment of each TPC as
described in this section. The assessment must include all of the
following components:
    (A) An on-site assessment by the EPA TSCA Title VI Product AB to
determine whether the TPC meets the requirements of ISO/IEC
17065:2012(E), is in conformance with ISO/IEC 17020:1998(E) as required
under ISO/IEC 17065:2012(E) section 6.2.1 (incorporated by reference,
see Sec.  770.99) and the EPA TSCA Title VI TPC requirements under this
part. In performing the on-site assessment, the EPA TSCA Title VI
Product AB must:
    (1) Develop a checklist of the EPA TSCA Title VI TPC requirements
under paragraph (c)(4) of this section and the key accreditation
elements of ISO/IEC 17065:2012(E) (incorporated by reference, see Sec.
770.99); and
    (2) Use the checklist for each on-site assessment.
    (B) A review of the approach that the TPC will use to verify the
accuracy of the formaldehyde emissions tests conducted by the TPC
laboratory and the formaldehyde quality control tests conducted by or
for the panel producers producing composite wood products that are
subject to the requirements of TSCA Title VI.
    (C) A review of the approach that the TPC will use for evaluating a
panel producer's quality assurance and quality control processes, the
proficiency of the panel producer's quality assurance and quality
control personnel, the required elements of a panel producer's quality
assurance and quality control manual, and sufficiency of on-site
testing facilities as applicable.
    (D) A review of the approach that the TPC laboratory will use for
establishing correlation or equivalence between ASTM E1333-10 and ASTM
D6007-02, if used, (incorporated by reference, see Sec.  770.99) or
allowable formaldehyde test methods listed under Sec.  770.20.
    (E) A review of the approach that the TPC will use for evaluating
the process for sample selection, handling, and shipping procedures
that the panel producer will use for quality control testing as
applicable.
    (F) A review of the accreditation credentials of the TPC
laboratory, including a verification that the laboratory has been
accredited to ISO/IEC 17025:2005(E) (incorporated by reference, see
Sec.  770.99) with a scope of accreditation to include this part--
Formaldehyde Standards for Composite Wood Products and the formaldehyde
test methods ASTM E1333-10 and ASTM D6007-02, if used, by an EPA TSCA
Title VI Laboratory AB (incorporated by reference, see Sec.  770.99).
    (ii) Reassessment. Each EPA TSCA Title VI Product AB must, in
accordance with ISO/IEC 17011:2004(E) section 7.11 (incorporated by
reference, see Sec.  770.99), conduct an on-site reassessment or
surveillance on-site assessment at least every two years of each EPA
TSCA Title VI TPC that the AB has accredited.
    (iii) Suspension, reduction, withdrawal. Each EPA TSCA Title VI
Product AB must suspend, reduce, or withdraw the accreditation of an
EPA TSCA Title VI TPC that the AB has accredited when circumstances
warrant.
    (iv) Notifications. Each EPA TSCA Title VI Product AB must provide,
in accordance with Sec.  770.8, the following notifications to EPA, as
applicable:
    (A) Notification of the loss of its status as a signatory to the
IAF MLA, or loss of membership in one of the IAF recognized regional
accreditation cooperations, or an equivalent organization as determined
by EPA must be provided within five calendar days of the date that the
body receives notification of the loss of its signatory or membership
status.
    (B) Notification that an EPA TSCA Title VI TPC has failed to comply
with any provision of this part must be provided within 72 hours of the
time the Product AB identifies the deficiency. The notice must include
a description of the steps taken to address the deficiency.
    (C) Notification of suspension, reduction or withdrawal of an EPA
TSCA Title VI TPC's accreditation must be provided within 72 hours of
the time that the suspension, reduction or withdrawal takes effect.
    (D) Notification of a change in a non-domestic Product AB's agent
for service must be provided within five calendar days.
    (v) Records. Each EPA TSCA Title VI Product AB must maintain, in
electronic form, the checklists and other records documenting
compliance with the requirements for assessment, reassessment, and
surveillance on-site

assessments of EPA TSCA Title VI TPCs for three years.
    (vi) Annual report. Each EPA TSCA Title VI Product AB must provide,
in accordance with Sec.  770.8, an annual report on or before March 1st
of each year for the AB services performed during the previous calendar
year including the number and locations of assessment, reassessment,
and surveillance on-site assessments performed for each EPA TSCA Title
VI TPC.
    (vii) EPA meetings. Each EPA TSCA Title VI Product AB must meet
with EPA at least once every two years in person, via teleconference,
or through other virtual methods to discuss the implementation of the
EPA TSCA Title VI Third-Party Certification Program.
    (viii) Inspections. Each EPA TSCA Title VI Product AB must allow
inspections of the AB's facilities by EPA, at reasonable times, within
reasonable limits, and in a reasonable manner, upon the presentation of
appropriate credentials and a written notification to the AB.
    (b) EPA TSCA Title VI Laboratory ABs. To participate in the EPA
TSCA Title VI Third-Party Certification Program as an EPA TSCA Title VI
Laboratory AB, a Laboratory AB must have the qualifications described
in this section, submit an application and enter into a recognition
agreement with EPA as described in this section, and, upon recognition
from EPA, impartially perform the responsibilities described in this
section.
    (1) Qualifications. To qualify for recognition by EPA under the EPA
TSCA Title VI Third-Party Certification Program as an EPA TSCA Title VI
Laboratory AB, an applicant Laboratory AB must:
    (i) Be a signatory to the International Laboratory Accreditation
Cooperation (ILAC) Mutual Recognition Arrangement (MRA), or have
membership in one of the ILAC recognized regional accreditation
cooperations, or an equivalent organization as determined by EPA;
    (ii) Be in conformance with ISO/IEC 17011:2004(E) (incorporated by
reference, see Sec.  770.99);
    (iii) Be competent to perform accreditation activities for
laboratory accreditation according to ISO/IEC 17025:2005(E)
(incorporated by reference, see Sec.  770.99); and
    (iv) Be competent to ensure EPA TSCA Title VI TPC inspection
activities are in conformance with ISO/IEC 17020:1998(E) (incorporated
by reference, see Sec.  770.99).
    (2) Application. To be recognized by EPA under the EPA TSCA Title
VI Third-Party Certification Program, a Laboratory AB must submit an
application to EPA, which may be submitted in conjunction with a
Product AB application. For recognition, a Laboratory AB must submit an
application in accordance with Sec.  770.8 that contains the following:
    (i) Name, address, telephone number, and email address of the
organization or primary contact;
    (ii) Documentation of ILAC MRA signatory status, membership in one
of the ILAC recognized regional accreditation cooperations, or an
equivalent organization as determined by EPA;
    (iii) Description of any other qualifications related to the
Laboratory AB's experience in performing laboratory accreditation and
inspection certification of TPCs including an affirmation that
assessors will be technically competent to assess TPCs ability to
perform their activities under paragraph (c)(4) of this section; and
    (iv) If not a domestic entity, name and address of an agent for
service located in the United States. Service on this agent constitutes
service on the AB or any of its officers or employees for any action by
EPA or otherwise by the United States related to the requirements of
this part. ABs may share an agent for service.
    (3) Recognition agreement. To be recognized by EPA under the EPA
TSCA Title VI Third-Party Certification Program, a Laboratory AB must
enter into a recognition agreement with EPA that describes the EPA TSCA
Title VI Laboratory AB's responsibilities under this subpart.
    (i) Each recognition agreement will be valid for three years.
    (ii) Each recognition agreement will identify an EPA Recognition
Agreement Implementation Officer and an EPA TSCA Title VI Laboratory AB
Implementation Officer that will serve as the point of contact for the
EPA TSCA Title VI Third-Party Certification Program.
    (iii) To renew a recognition agreement for an additional three-year
period, the EPA TSCA Title VI Laboratory AB must submit an application
for renewal in accordance with Sec.  770.8 before the three-year period
of the recognition agreement lapses. The application must indicate any
changes from the EPA TSCA Title VI Laboratory AB's initial application
or most recent renewal application.
    (iv) If an EPA TSCA Title VI Laboratory AB fails to submit an
application for renewal prior to the expiration of the previous
recognition agreement, its recognition will lapse and the EPA TSCA
Title VI Laboratory AB may not provide accreditation services under
TSCA Title VI.
    (v) If an EPA TSCA Title VI Laboratory AB does submit an
application for renewal prior to the expiration of the previous
recognition agreement, it may continue to provide TSCA Title VI
accreditation services under the terms of its previous recognition
agreement until EPA has taken action on its application for renewal of
the recognition agreement.
    (4) Impartiality. EPA TSCA Title VI Laboratory ABs must act
impartially when performing activities under the EPA TSCA Title VI
Third-Party Certification Program. To demonstrate impartiality,
Laboratory ABs must:
    (i) Ensure that an accreditation decision regarding a TPC is made
by persons different from those who conducted the assessment of the
TPC; and
    (ii) Ensure that the AB's personnel who assess TPCs or make
decisions regarding accreditation do not receive financial benefit from
the outcome of an accreditation decision.
    (5) Responsibilities. Each EPA TSCA Title VI Laboratory AB has the
following responsibilities under the EPA TSCA Title VI Third-Party
Certification Program:
    (i) Accreditation. EPA TSCA Title VI Laboratory ABs must determine
the accreditation eligibility, and accredit if appropriate, each TPC
seeking recognition under the EPA TSCA Title VI Third-Party
Certification Program by performing an assessment of each TPC. The
assessment must include an on-site assessment by the EPA TSCA Title VI
Laboratory AB to determine whether the laboratory meets the
requirements of ISO/IEC 17025:2005(E) (incorporated by reference, see
Sec.  770.99), is in conformance with ISO/IEC 17020:1998(E)
(incorporated by reference, see Sec.  770.99) and the EPA TSCA Title VI
TPC requirements under this part including the formaldehyde test
methods ASTM E1333-10 and ASTM D6007-02 (incorporated by reference, see
Sec.  770.99), if used. In performing the on-site assessment, the EPA
TSCA Title VI Laboratory AB must:
    (A) Develop a checklist of the TPC requirements under paragraph
(c)(4) of this section and the key conformity elements of ISO/IEC
17025:2005(E) (incorporated by reference, see Sec.  770.99); and
    (B) Use the checklist for each on-site assessment.
    (ii) Reassessment. Each EPA TSCA Title VI Laboratory AB must, in
accordance with ISO/IEC 17011:2004(E) section 7.11 (incorporated by
reference,

see Sec.  770.99), conduct a follow-up reassessment or surveillance on-
site assessment of each TPC laboratory that the AB has accredited.
    (iii) Proficiency. Each EPA TSCA Title VI Laboratory AB must verify
the accuracy of the formaldehyde emissions tests conducted by the TPC
laboratory by ensuring the TPC laboratory participates in the CARB
interlaboratory comparison for formaldehyde emissions when offered. In
lieu of participation in the CARB interlaboratory comparison ensure
that the TPC laboratory participates in an EPA-recognized proficiency
testing program, if available.
    (iv) Suspension, reduction, withdrawal. Each EPA TSCA Title VI
Laboratory AB must suspend, reduce, or withdraw the accreditation of a
TPC laboratory that the AB has accredited when circumstances warrant.
    (v) Notifications. Each EPA TSCA Title VI Laboratory AB must
provide, in accordance with Sec.  770.8, the following notifications to
EPA as applicable:
    (A) Notification of the loss of its status as a signatory to the
ILAC MRA, or loss of membership in one of the ILAC recognized regional
accreditation cooperations, or an equivalent organization as determined
by EPA, within five calendar days of the date that the body receives
notice of the loss of its signatory or membership status.
    (B) Notification that a TPC laboratory has failed to comply with
any provision of this part within 72 hours of the time the Laboratory
AB identifies the deficiency. The notice must include a description of
the steps taken to address the deficiency.
    (C) Notification of suspension, reduction or withdrawal of a TPC
laboratory's accreditation within 72 hours of the time that the
suspension, reduction or withdrawal takes effect.
    (D) Notification of a change in a non-domestic Laboratory AB's
agent for service within five calendar days.
    (vi) Records. Each EPA TSCA Title VI Laboratory AB must maintain,
in electronic form, the checklists and other records documenting
compliance with the requirements for assessment, reassessment, and
surveillance on-site assessments of TPC laboratories for three years.
    (vii) Annual report. Each EPA TSCA Title VI Laboratory AB must
provide, in accordance with Sec.  770.8, an annual report to EPA on or
before March 1st of each year for AB services performed during the
previous calendar year including the number and locations of
assessment, reassessment, and surveillance on-site assessments
performed for each TPC laboratory.
    (viii) EPA meetings. Each EPA TSCA Title VI Laboratory AB must meet
with EPA at least once every two years in person, via teleconference,
or through other virtual methods to discuss the implementation of the
EPA TSCA Title VI Third-Party Certification Program.
    (ix) Inspections. Each EPA TSCA Title VI Laboratory AB must allow
inspections of the AB's facilities by EPA, at reasonable times, within
reasonable limits, and in a reasonable manner, upon the presentation of
appropriate credentials and a written notification to the AB.
    (c) EPA TSCA Title VI Third-Party Certifiers. To participate in the
EPA TSCA Title VI Third-Party Certification Program as an EPA TSCA
Title VI TPC, a TPC must be accredited by an EPA TSCA Title VI Product
AB, use a laboratory that is accredited by an EPA TSCA Title VI
Laboratory AB, have the other qualifications described in this
subsection, submit an application and be recognized by EPA, and, upon
recognition from EPA, impartially perform the responsibilities
described in this section. Alternatively, CARB-approved TPCs must meet
the criteria for reciprocity in paragraph (d) of this section and
comply with the requirements of this part in order to be recognized by
EPA as an EPA TSCA Title VI TPC.
    (1) Qualifications. To qualify for recognition by EPA in the EPA
TSCA Title VI Third-Party Certification Program as an EPA TSCA Title VI
TPC, an applicant TPC must:
    (i) Be accredited by an EPA TSCA Title VI Product AB to ISO/IEC
17065:2012(E) (incorporated by reference, see Sec.  770.99), with a
scope of accreditation that includes include composite wood products
and this part--Formaldehyde Standards for Composite Wood Products;
    (ii) Be, or have a contract with a laboratory that is, accredited
by an EPA TSCA Title VI Laboratory AB to ISO/IEC 17025:2005(E)
(incorporated by reference, see Sec.  770.99) with a scope of
accreditation to include this part--Formaldehyde Standards for
Composite Wood Products and the formaldehyde test methods ASTM E1333-10
and ASTM D6007-02, if used (incorporated by reference, see Sec.
770.99);
    (iii) Have the ability to conduct inspections of composite wood
products and properly train and supervise inspectors to inspect
composite wood products in conformance with ISO/IEC 17020:1998(E) as
required under ISO/IEC 17065:2012(E) section 6.2.1 (incorporated by
reference, see Sec.  770.99);
    (iv) Have demonstrated experience in the composite wood product
industry with at least one type of composite wood product and indicated
the specific product(s) the applicant intends to certify; and
    (v) Have demonstrated experience in performing or verifying
formaldehyde emissions testing on composite wood products, including
experience with test method ASTM E1333-10 and ASTM D6007-02, if used,
(incorporated by reference, see Sec.  770.99), and experience
evaluating correlation between test methods. Applicant TPCs that have
demonstrated experience with test method ASTM D6007-02 only, must be
contracting testing with a laboratory that has a large chamber and
demonstrate its experience with ASTM E1333-10.
    (2) Application. Before certifying any products under this part, a
TPC must be recognized by EPA under the EPA TSCA Title VI Third-Party
Certification Program. To be recognized by EPA, a TPC must submit an
application in accordance with Sec.  770.8 and renew that application
every two years. The application must contain the following:
    (i) Email address of the organization or primary contact,
organization name, organization telephone number, and organization
address;
    (ii) Type of composite wood products that the applicant intends to
certify;
    (iii) A copy of the TPC's certificate of accreditation from an EPA
TSCA Title VI Product AB to ISO/IEC 17065:2012(E) (incorporated by
reference, see Sec.  770.99) with a scope of accreditation that
includes composite wood products and this part--Formaldehyde Standards
for Composite Wood Products;
    (iv) A copy of the TPC laboratory's certificate of accreditation
from an EPA TSCA Title VI Laboratory AB to ISO/IEC 17025:2005(E)
(incorporated by reference, see Sec.  770.99) with a scope of
accreditation to include this part--Formaldehyde Standards for
Composite Wood Products and the formaldehyde test methods ASTM E1333-10
and ASTM D6007-02 (incorporated by reference, see Sec.  770.99), if
used;
    (v) An affirmation of the TPC's ability to conduct inspections of
composite wood products and properly train and supervise inspectors to
inspect composite wood products in conformance with ISO/IEC
17020:1998(E) as required under ISO/IEC 17065:2012(E) section 6.2.1
(incorporated by reference, see Sec.  770.99);
    (vi) A description of the TPC's experience in the composite wood
product industry with at least one type of composite wood product and
indicate

the specific product(s) the applicant intends to certify;
    (vii) A description of the TPC's experience in performing or
verifying formaldehyde emissions testing on composite wood products;
    (viii) A description of the TPC's experience with test method ASTM
E1333-10 and/or ASTM D6007-02, if used, (incorporated by reference, see
Sec.  770.99), and experience evaluating correlation between test
methods. Applicant TPCs that have experience with test method ASTM
D6007-02 only, must be contracting testing with a laboratory that has a
large chamber and describe its experience with ASTM E1333-10; and
    (ix) If not a domestic entity, the name and address of an agent for
service located in the United States. Service on this agent constitutes
service on the TPC or any of its officers or employees for any action
by EPA or otherwise by the United States related to the requirements of
this part. TPCs may share an agent for service.
    (3) Impartiality. EPA TSCA Title VI TPCs must act impartially in
accordance with their accreditation when performing activities under
the EPA TSCA Title VI Third-Party Certification Program. To demonstrate
impartiality, TPCs must:
    (i) Not also be, or have a financial interest in a panel producer,
fabricator, laminated product producer, importer, designer, distributor
or retailer of composite wood products;
    (ii) Ensure that TPC management personnel and TPC personnel
involved in the review and certification decision-making process for
composite wood products are not involved in activities within the same
or separate legal entity that may compromise the impartiality of its
certification decision-making process, such as advocacy or consulting
activities;
    (iii) Ensure that TPC management personnel and TPC personnel of the
same or separate legal entity involved in activities such as advocacy
or consulting are not involved in the management of the certification
body, the review, or the certification decisions; and
    (iv) Ensure that TPC management personnel and TPC personnel
certifying composite wood products sign a conflict of interest
statement attesting that they will receive no financial benefit from
the outcome of certification.
    (4) Responsibilities. Each EPA TSCA Title VI TPC has the following
responsibilities under the EPA TSCA Title VI Third-Party Certification
Program:
    (i) Certification. EPA TSCA Title VI TPCs certify composite wood
products that are produced in accordance with this part and that comply
with the emission standards of TSCA Title VI and this part, in
accordance with ISO/IEC 17065:2012(E) (incorporated by reference, see
Sec.  770.99). For each panel producer making composite wood products
certified by the TPC, the EPA TSCA Title VI TPC must:
    (A) Verify that each panel producer has adequate quality assurance
and quality control procedures and is complying with the applicable
quality assurance and quality control requirements of this part;
    (B) Verify each panel producer's quality control test results
compared with test results from ASTM E1333-10 and ASTM D6007-02, if
used, (incorporated by reference, see Sec.  770.99) by having the TPC
laboratory conduct quarterly tests and evaluate test method equivalence
and correlation as required under Sec.  770.20;
    (C) In consultation with the panel producer, establish quality
control limits (QCLs) for formaldehyde emissions, and, if applicable,
shipping quality control limits or other formaldehyde emission limits,
for each panel producer and product type;
    (D) Establish, for each panel producer, the process that will be
used to determine if products are exceeding the applicable QCL;
    (E) Provide its CARB or EPA TPC number to each panel producer for
labeling and recordkeeping; and
    (F) Inspect each panel producer, its products, and its records at
least quarterly in conformance with ISO/IEC 17020:1998(E) as required
under ISO/IEC 17065:2012(E) section 6.2.1 (incorporated by reference,
see Sec.  770.99).
    (ii) Laboratories. For quarterly testing, each EPA TSCA Title VI
TPC must use only laboratories that have been accredited by an EPA TSCA
Title VI Laboratory AB and that either participate in the CARB
interlaboratory comparison for formaldehyde emissions when offered or
in an EPA-recognized proficiency or interlaboratory program, if
available.
    (iii) NAF and ULEF. For panel producers that do not receive
approval for NAF or ULEF third-party certification exemptions or ULEF
reduced testing from CARB, EPA TSCA Title VI TPCs must review
applications for NAF or ULEF third-party certification exemptions or
ULEF reduced testing. Each EPA TSCA Title VI TPC must approve these
applications within 90 calendar days of receipt if the panel producer
demonstrates that the requirements for third-party certification
exemption under Sec.  770.17 or Sec.  770.18 or reduced testing under
Sec.  770.18 are met.
    (iv) Reduced testing for medium-density fiberboard or fiberboard.
EPA TSCA Title VI TPCs must review applications from panel producers to
reduce the number of quality control tests for particleboard and
medium-density fiberboard, and approve these applications within 90
calendar days of receipt if the panel producer demonstrates that the
requirements for reduced testing under Sec.  770.20(b)(2)(ii) are met.
    (v) Notifications to EPA. Each EPA TSCA Title VI TPC must provide,
in accordance with Sec.  770.8, the following notifications to EPA, as
applicable:
    (A) Notification of an approved or rejected application, including
a renewal application, for a NAF or ULEF third-party certification
exemption or ULEF reduced testing within five calendar days of the
approval or rejection with copies of all approved applications
forwarded to EPA within 30 calendar days of approval.
    (B) Notification of an approved or rejected application, including
a renewal application, for reduced testing for medium-density
fiberboard or particleboard within five calendar days of the approval
or rejection with copies of all approved applications forwarded to EPA
within 30 calendar days of approval.
    (C) Notification of a panel producer exceeding its established QCL
for more than two consecutive quality control tests within 72 hours of
the time that the TPC becomes aware of the second exceedance. The
notice must include the product type, dates of the quality control
tests that exceeded the QCL, quality control test results, ASTM E1333-
10 (incorporated by reference, see Sec.  770.99) correlative equivalent
values, the established QCL value(s) and the quality control method
used.
    (D) Notification of each failed quarterly test, that is any sample
that exceeds the applicable formaldehyde emission standard in Sec.
770.10, within 72 hours. Information in this notification is not
eligible for treatment as confidential business information.
    (E) Notification of a change in a non-domestic TPC's agent for
service within five calendar days.
    (F) Notification of a loss of accreditation or notification that
the TPC has discontinued its participation in the EPA TSCA Title VI
Third-Party Certification Program must be provided within 72 hours.

    (vi) Other notifications. Each EPA TSCA Title VI TPC must provide
the following notifications, if applicable:
    (A) Notification of each failed quarterly test, that is any sample
that exceeds the applicable formaldehyde emission standard in Sec.
770.10, to the panel producer in writing within 72 hours. Information
in this notification is not eligible for treatment as confidential
business information.
    (B) Notification of a loss of accreditation or notification that
the TPC has discontinued its participation in the EPA TSCA Title VI
Third-Party Certification Program within 72 hours to all panel
producers for which it provides EPA TSCA Title VI certification
services.
    (C) Notification of any changes in personnel qualifications,
procedures, or laboratories used, to the TPC's EPA TSCA Title VI ABs
within 30 calendar days.
    (vii) Records. Each EPA TSCA Title VI TPC must maintain, in
electronic form, the following records for three years from the date
the record is created, and provide them to EPA within 30 calendar days
of a request from EPA:
    (A) A list of panel producers and their respective products and
product types, including type of resin systems used, that the EPA TSCA
Title VI TPC has certified;
    (B) Results of inspections and formaldehyde emissions tests
conducted for and linked to each panel producer and product type;
    (C) A list of laboratories used by the EPA TSCA Title VI TPC, as
well as all test methods used, including test conditions and
conditioning time, and quarterly test results;
    (D) Methods and results for establishing test method correlations
and equivalence;
    (E) Documentation for NAF or ULEF third-party certification
exemptions or ULEF reduced testing approvals, including the name of the
panel producer, facility, products approved, type of resin systems used
and dates of approval;
    (F) Documentation of reduced testing approval for panel producers
of medium-density fiberboard or particleboard, including the name of
the panel producer, products approved and dates of approval; and
    (G) A copy of the most recent assessment, reassessment, and/or
surveillance on-site assessment report provided by its EPA TSCA Title
VI ABs.
    (viii) Annual report. Each EPA TSCA Title VI TPC must provide, in
accordance with Sec.  770.8, an annual report on or before March 1st of
each year for the TPC services performed during the previous calendar
year. Quarterly test results, the test method, date of test, and
product tested (including the product name or description and panel
producer name) are not eligible for treatment as confidential business
information. The report must contain all of the following elements, as
applicable:
    (A) The following information for each panel producer making
composite wood products certified by the TPC, the EPA TSCA Title VI
TPC:
    (1) Composite wood products that the EPA TSCA Title VI TPC has
certified during the previous calendar year;
    (2) Types of resin systems used for the composite wood products
certified;
    (3) Dates of quarterly inspections;
    (4) For each quarterly test, the date, result, test method, and
whether a contract laboratory was used;
    (5) For each failed quarterly test, the product type, the volume of
product affected, the results of recertification testing, and a
description of the final disposition of the affected product, including
how the non-complying lot was addressed;
    (6) For each non-complying lot resulting from a failed quality
control test, the test date, method, product type, volume of product
affected, lot numbers, the results of retesting, and a description of
the final disposition of the affected product, including how the non-
complying lot was addressed; and
    (7) Any corrective actions that resulted from quarterly tests and
inspections.
    (B) A list of laboratories and test methods used by the TPC, number
and volume (cubic meters) of large and small chambers, date of
equivalence determination and equivalence data.
    (C) Any non-conformities identified by its EPA TSCA Title VI AB(s)
and how they were addressed.
    (D) The results compared with the mean of the interlaboratory
comparison for all formaldehyde emissions interlaboratory comparison
tests other than the CARB interlaboratory comparison or, if available,
the results of an EPA-recognized proficiency testing program.
    (ix) Assessments and inspections. Upon request, each EPA TSCA Title
VI TPC must allow EPA representatives to:
    (A) Accompany the TPC's staff during an assessment, reassessment or
surveillance on-site assessment of the TPC by its AB(s); and
    (B) Inspect the TPC's facilities, at reasonable times, within
reasonable limits, and in a reasonable manner, upon the presentation of
appropriate credentials and a written notification to the TPC.
    (d) Reciprocity for third-party certifiers approved by the
California Air Resources Board (CARB)--(1) During transitional period.
The transitional period is defined as the two-year period beginning on
December 12, 2016 and ending on December 12, 2018. TPCs already
approved by CARB and TPCs subsequently approved by CARB during the
transition period must apply for EPA recognition in accordance with
Sec.  770.8 before they can certify any products under this part. Once
recognized by EPA, CARB-approved TPCs become EPA TSCA Title VI TPCs and
may certify composite wood products under TSCA Title VI until December
12, 2018 as long as they:
    (i) Remain approved by CARB; and
    (ii) Comply with all aspects of this part other than the
requirements of paragraphs (c)(1)(i) and (ii) and (c)(2)(iii) and (iv)
of this section. This includes:
    (A) Provide panel producers with the TPC number issued by CARB; and
    (B) Provide the annual report required by paragraph (c)(4)(viii) of
this section to CARB and EPA during the two-year transitional period.
    (C) Provide notifications required by paragraph (c)(4)(v) to EPA.
    (2) After transition period. (i) TPCs approved by CARB may continue
to certify composite wood products under TSCA Title VI after the two-
year transitional period if the TPC:
    (A) Maintains its CARB approval;
    (B) Complies with the requirements of this part;
    (C) Submits to EPA, in accordance with Sec.  770.8:
    (1) Documentation from CARB that specifies eligibility for
reciprocity; and
    (2) A copy of the application submitted to CARB to be recognized as
a TPC under the CARB ATCM.
    (D) Receives EPA recognition as an EPA TSCA Title VI TPC.
    (ii) EPA retains the authority to deny recognition of CARB-approved
TPCs who seek recognition through reciprocity in the EPA TSCA Title VI
Third-Party Certification Program if EPA has information indicating
that the TPC is not qualified.
    (e) Suspension, revocation or modification of recognition--(1)
Third-party certifiers. EPA may suspend, revoke or modify the
recognition of a TPC, if the TPC:
    (i) Fails to comply with any requirement of TSCA Title VI or this
part;
    (ii) Makes any false or misleading statements on its application,
records, or reports; or
    (iii) Makes substantial changes to personnel qualifications,
procedures, or laboratories that make the TPC or TPC

laboratory unable to comply with any applicable requirements of this
part.
    (2) ABs. EPA may suspend, revoke or modify the recognition of an AB
if the AB:
    (i) No longer maintains signatory status to the IAF MLA or ILAC
MRA, membership in one of the IAF/ILAC recognized regional
accreditation cooperations, or an equivalent organization as determined
by EPA;
    (ii) Fails to comply with any requirement of TSCA Title VI or this
part;
    (iii) Makes any false or misleading statements on its application,
records, or reports; or
    (iv) Makes substantial changes to personnel qualifications or
procedures that make the AB, TPC and/or TPC laboratory unable to comply
with any applicable requirements of this part.
    (3) Process for suspending, revoking or modifying recognition. (i)
Prior to taking action to suspend, revoke or modify recognition, EPA
will notify the participant AB or the participant TPC in writing of the
following:
    (A) The legal and factual basis for the proposed suspension,
revocation or modification;
    (B) The anticipated commencement date and duration of the
suspension, revocation or modification;
    (C) Actions, if any, which the affected AB or TPC may take to avoid
suspension, revocation or modification, or to receive recognition in
the future; and
    (D) The opportunity and method for requesting a hearing with EPA
prior to final suspension, revocation or modification.
    (ii) If the affected AB or TPC requests a hearing in writing to EPA
within 30 calendar days of receipt of the notification, EPA will:
    (A) Provide the affected AB or TPC an opportunity to offer written
statements in response to EPA's assertions of the legal and factual
basis for the proposed action; and
    (B) Appoint an impartial EPA official as Presiding Officer to
conduct the hearing. The Presiding Officer will:
    (1) Conduct a fair, orderly, and impartial hearing within 90
calendar days of the request for a hearing;
    (2) Consider all relevant evidence, explanations, comments, and
arguments submitted; and
    (3) Notify the affected AB or TPC in writing within calendar 90
days of completion of the hearing of his or her decision and order.
Such an order is a final EPA action which may be subject to judicial
review. The order must contain the basis, commencement date, and
duration of the suspension, revocation or modification.
    (iii) If EPA determines that the public health, interest, or
welfare warrants immediate action to revoke the recognition of an AB or
TPC prior to the opportunity for a hearing, it will notify the affected
AB or TPC of its right to request a hearing on the immediate revocation
within 15 calendar days of the revocation taking place and the
procedures for the conduct of such a hearing.
    (iv) Any notification, decision, or order issued by EPA under this
section, any transcript or other verbatim record of oral testimony, and
any documents filed by a certified individual or firm in a hearing
under this section will be available to the public, except as otherwise
provided by TSCA section 14. Any such hearing at which oral testimony
is presented will be open to the public, except that the Presiding
Officer may exclude the public to the extent necessary to allow
presentation of information which may be entitled to confidential
treatment under TSCA section 14.
    (v) EPA will maintain a publicly available list of ABs on its Web
site whose recognition has been suspended, revoked or modified, or
reinstated and a publicly available list of TPCs whose recognition has
been suspended, revoked, modified, or reinstated.
    (vi) Unless the decision and order issued under paragraph (e)(3) of
this section specify otherwise, an AB or a TPC whose recognition has
been revoked must reapply for recognition in order to become recognized
under this part again.
    (vii) Unless the decision and order issued under paragraph (e)(3)
of this section specify otherwise, an AB whose recognition has been
revoked or a TPC whose recognition has been revoked, must immediately
notify all TPCs or panel producers to which it provides TSCA Title VI
accreditation or certification services of the revocation.
    (f) Effect of the loss of recognition or accreditation. (1) If an
AB is removed or withdraws from the EPA TSCA Title VI Third-Party
Certification Program:
    (i) For reasons other than fraud or providing false or misleading
statements, and other than a reason that implicates a particular TPC in
a violation of TSCA Title VI, TPCs accredited by that AB can continue
to certify products under TSCA Title VI for 180 calendar days, after
which the TPCs must be accredited again by another EPA TSCA Title VI AB
and re-recognized by EPA.
    (ii) Due to fraud or providing false or misleading statements with
respect to a particular TPC, or for any other reason that implicates a
particular TPC in a violation of TSCA Title VI, that TPC may not
provide any TSCA Title VI certification services until it has been
accredited again by another EPA TSCA Title VI AB and re-recognized by
EPA.
    (2) If a TPC loses its accreditation, or if TPC is removed or
withdraws from the EPA TSCA Title VI Third-Party Certification Program:
    (i) For reasons other than fraud or providing false or misleading
statements, and other than a reason that implicates a particular panel
producer in a violation of TSCA Title VI, the panel producers that used
the TPC to certify their products must enlist another EPA TSCA Title VI
TPC to certify their products within 90 calendar days. If the panel
producer is not able to obtain the services of another EPA TSCA Title
VI TPC within 90 days, the panel producer may request from EPA a 90
calendar day extension. During the time a panel producer is seeking a
new TPC, it must continue to comply with all other requirements of TSCA
Title VI, including quality control testing.
    (ii) Due to fraud or providing false or misleading statements with
respect to a particular panel producer, or for any other reason that
implicates a particular panel producer in a violation of TSCA Title VI,
that panel producer may not sell, supply, offer for sale, or
manufacture composite wood products for sale in the United States until
its composite wood products have been recertified by another EPA TSCA
Title VI TPC.
    (g) Process for denying EPA TSCA Title VI recognition. (1) Upon EPA
denying a request for recognition of an AB or TPC, EPA will notify the
AB or TPC in writing of the following:
    (i) The legal and factual basis for the denial; and
    (ii) Actions, if any, which the affected AB or TPC may take to
receive recognition in the future.
    (2) [Reserved]

Sec.  770.8   Applications, notifications, and reports.

    (a) All applications, notifications, and reports that are required
to be submitted to EPA under this subpart must be submitted via the EPA
Central Data Exchange (CDX) found at https://cdx.epa.gov.
    (b) If the EPA CDX is unavailable, EPA will so inform EPA TSCA
Title VI ABs and TPCs and will make electronic applications and
reporting forms available online at http://www.epa.gov/formaldehyde.
    (c)(1) Persons submitting a notice under this rule are subject to
EPA confidentiality regulations at 40 CFR part 2, subpart B, except
that the

certification in paragraph (c)(2) of this section must also be provided
when asserting a claim of confidentiality.
    (2) In submitting a claim of confidentiality, a person must certify
the truth of the following four statements concerning all information
which is claimed as confidential:
    (i) My company has taken measures to protect the confidentiality of
the information.
    (ii) I have determined that the information is not required to be
disclosed or otherwise made available to the public under any other
Federal law.
    (iii) I have a reasonable basis to conclude that disclosure of the
information is likely to cause substantial harm to the competitive
position of the person.
    (iv) I have a reasonable basis to believe that the information is
not readily discoverable through reverse engineering.

Subpart C--Composite Wood Products

Sec.  770.10   Formaldehyde emission standards.

    (a) Except as otherwise provided in this part, the emission
standards in this section apply to composite wood products sold,
supplied, offered for sale, or manufactured (including imported) on or
after December 12, 2017 in the United States. These emission standards
apply regardless of whether the composite wood product is in the form
of a panel, a component part, or incorporated into a finished good.
    (b) The emission standards are based on test method ASTM E1333-10
(incorporated by reference, see Sec.  770.99), and are as follows:
    (1) For hardwood plywood made with a veneer core or a composite
core, 0.05 parts per million (ppm) of formaldehyde.
    (2) For medium-density fiberboard, 0.11 ppm of formaldehyde.
    (3) For thin medium-density fiberboard, 0.13 ppm of formaldehyde.
    (4) For particleboard, 0.09 ppm of formaldehyde.

Sec.  770.12   Stockpiling.

    (a) The sale of stockpiled inventory of composite wood products,
whether in the form of panels or incorporated into component parts or
finished goods, is prohibited after December 12, 2017.
    (b) To determine whether stockpiling has occurred, the rate of
manufacture or purchase is measured as follows:
    (1) For composite wood products in the form of panels, the rate is
measured in terms of square footage of panels produced.
    (2) For composite wood products incorporated into component parts
or finished goods, the rate is measured in terms of the square footage
of composite wood product panels purchased for the purpose of
incorporating them into component parts or finished goods.
    (c) Manufacturers or purchasers who have, in an annual year, a
greater than 20% increase in manufacturing or purchasing composite wood
products relative to annual year 2009 for some reason other than
circumventing the emission standards would not be in violation of this
section. Such reasons may include, but are not limited to:
    (1) A quantifiable immediate increase in customer demand or sales.
    (2) A documented and planned business expansion.
    (3) The manufacturer or purchaser was not in business at the
beginning of calendar year 2009.
    (4) An increase in production to meet increased demand resulting
from an emergency event or natural disaster.
    (d) In order to be found to be stockpiling an entity must be
increasing the rate of manufacturing or purchasing for the purpose of
circumventing the emission standards.

Sec.  770.15   Composite wood product certification.

    (a) After December 12, 2017, only certified composite wood
products, whether in the form of panels or incorporated into component
parts or finished goods, are permitted to be sold, supplied, offered
for sale, or manufactured (including imported) in the United States,
unless the product is specifically exempted by this part.
    (b) Certified composite wood products are those that are produced
or fabricated in accordance with all of the provisions of this part.
    (c) To obtain product certification, a panel producer must apply to
an EPA TSCA Title VI TPC.
    (1) For panel producers that do not have any previous product
certifications from a CARB-approved TPC or an EPA TSCA Title VI TPC,
the application must contain the following:
    (i) The panel producer's name, address, telephone number, and other
contact information;
    (ii) A copy of the panel producer's quality control manual as
required by Sec.  770.21(a);
    (iii) Name and contact information for the panel producer's quality
control manager;
    (iv) An identification of the specific products for which
certification is requested, and the resin system used in panel
production;
    (v) At least five tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-10 or ASTM D6007-
02 (incorporated by reference, see Sec.  770.99). Test results obtained
by ASTM D6007-02 must include a showing of equivalence in accordance
with Sec.  770.20(d)(1);
    (vi) At least five quality control tests conducted in accordance
with Sec.  770.20(b)(1);
    (vii) Linear regression equation and correlation data; and
    (viii) Results of an initial, on-site inspection by the TPC of the
panel producer.
    (2) For panel producers applying for certification of a new product
type but that have previous product certifications from a CARB-approved
TPC or an EPA TSCA Title VI TPC, the application must contain the
following:
    (i) The panel producer's name, address, and telephone number;
    (ii) An identification of the specific products for which
certification is requested, and the resin system used in panel
production;
    (iii) At least five tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-10 or ASTM D6007-
02 (incorporated by reference, see Sec.  770.99). Test results obtained
by ASTM D6007- 02 must include a showing of equivalence in accordance
with Sec.  770.20(d)(1);
    (iv) At least five quality control tests conducted in accordance
with Sec.  770.20(b)(1);
    (v) Linear regression equation and correlation data; and
    (vi) Description of any changes in the panel producer's quality
control manual and a copy of those changes.
    (d) The EPA TSCA Title VI TPC must act on a panel producer's
complete application within 90 calendar days of receipt by reviewing
all of the components of the application.
    (1) If the application indicates that the candidate product
achieves the applicable emission standards described in Sec.  770.10,
adequate correlation as described in Sec.  770.20(d)(2), and that the
panel producer is meeting the requirements in Sec.  770.21, the EPA
TSCA Title VI TPC will approve the application.
    (2) If the application is from a panel producer that did not
previously have products certified by a CARB-approved TPC or an EPA
TSCA Title VI TPC, the EPA TSCA Title VI TPC will review the quality
control manual and results of the on-site initial inspection and
approve or disapprove the quality control manual.
    (3) If the application does not demonstrate that the candidate
product achieves the applicable emission

standards described in Sec.  770.10, the EPA TSCA Title VI TPC will
disapprove the application. A new application may be submitted for the
candidate product at any time.
    (e) If a product is certified by a CARB-approved TPC, it will also
be considered certified under TSCA Title VI until December 12, 2018
after which the TPC needs to receive recognition as an EPA TSCA Title
VI TPC under Sec.  770.7(d) in order for the product to remain
certified.
    (f) To maintain certification, the panel producer making the
certified product must get inspected by its EPA TSCA Title VI TPC
quarterly as well as meet the testing requirements under Sec.  770.20.
    (g) If the certified product fails a quarterly test, certification
for any product types represented by the sample is suspended until a
compliant quarterly test result is obtained in accordance with Sec.
770.22.

Sec.  770.17   No-added formaldehyde-based resins.

    (a) Producers of composite wood product panels made with no-added
formaldehyde-based resins may apply to an EPA TSCA Title VI TPC or to
CARB for a two-year exemption from the testing requirements in Sec.
770.20 and certification requirements in Sec. Sec.  770.15 and
770.40(b). The application must contain the following:
    (1) The panel producer's name, address, and telephone number;
    (2) An identification of the specific product and the resin system;
    (3) At least one test conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-10 or ASTM D6007-
02 (incorporated by reference, see Sec.  770.99). Test results obtained
by ASTM D6007-02 must include a showing of equivalence in accordance
with Sec.  770.20(d)(1); and
    (4) Three months of routine quality control tests under Sec.
770.20, including a showing of correlation in accordance with Sec.
770.20(d)(2), totaling not less than five quality control tests.
    (b) The EPA TSCA Title VI TPC will approve a panel producer's
application within 90 calendar days of receipt if the application is
complete and demonstrates that the candidate product achieves the
emission standards described in paragraph (c) of this section.
    (c) As measured according to paragraphs (a)(3) and (4) of this
section, the emission standards for composite wood products made with
no-added formaldehyde-based resins are as follows:
    (1) No test result higher than 0.05 parts per million (ppm) of
formaldehyde for hardwood plywood and 0.06 ppm for particleboard,
medium-density fiberboard, and thin medium-density fiberboard.
    (2) No higher than 0.04 ppm of formaldehyde for 90% of the three
months of routine quality control testing data required under paragraph
(a)(4) of this section.
    (d) Products that meet the requirements specified under Sec.
770.17(c)(1) and (2) and have obtained exemption from the California
Air Resources Board will also be exempt from the requirements in
Sec. Sec.  770.15, 770.20, and 770.40(b), as long as the requirements
of the California Air Resources Board remain as stringent as EPA's
requirements.
    (e) After the two-year period of the initial exemption, and every
two years thereafter, in order to continue to qualify for the exemption
from the testing and certification requirements, the panel producer
must reapply to an EPA TSCA Title VI TPC or to CARB and obtain at least
one test result in accordance with paragraph (a)(3) of this section
that complies with the emission standards in paragraph (c)(1) of this
section.
    (f) Any time there is an operational or process change that is
likely to affect formaldehyde emissions, such as a change in resin
formulation, press cycle duration, temperature, or amount of resin used
per panel, at least one quality control test under Sec.  770.20 and at
least one test result in accordance with paragraph (a)(3) of this
section that indicate compliance with the emission standards in
paragraph (c)(1) of this section are required.
    (g) A change in the resin system invalidates the exemption for any
product produced with the different resin after such a change.

Sec.  770.18   Ultra low-emitting formaldehyde resins.

    (a) Producers of composite wood product panels made with ultra low-
emitting formaldehyde resins may apply to an EPA TSCA Title VI TPC or
CARB for approval either to conduct less frequent testing than is
specified in Sec.  770.20 or approval for a two-year exemption from the
testing requirements in Sec.  770.20 and certification requirements in
Sec. Sec.  770.15 and 770.40(b). The application must contain the
following:
    (1) The panel producer's name, address, and telephone number;
    (2) An identification of the specific product type, including resin
system;
    (3) At least two tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-10 or ASTM D6007-
02 (incorporated by reference, see Sec.  770.99). Test results obtained
by ASTM D6007-02 must include a showing of equivalence in accordance
with Sec.  770.20(d)(1); and
    (4) Six months of routine quality control tests under Sec.  770.20,
including a showing of correlation in accordance with Sec.
770.20(d)(2), totaling not less than ten quality control tests.
    (b) The EPA TSCA Title VI TPC will approve a panel producer's
application within 90 calendar days of receipt if the application is
complete and demonstrates that the candidate product achieves the
emission standards required for reduced testing as described in
paragraph (c) of this section or the emission standards required for a
two-year exemption as described in paragraph (d) of this section.
    (c) As measured according to paragraphs (a)(3) and (4) of this
section, the emission standards for reduced testing for composite wood
products made with ultra low-emitting formaldehyde resins are as
follows:
    (1) No test result higher than 0.05 parts per million (ppm) of
formaldehyde for hardwood plywood, 0.08 ppm for particleboard, 0.09 ppm
for medium-density fiberboard, and 0.11 ppm for thin medium-density
fiberboard.
    (2) For 90% of the six months of routine quality control testing
data required under paragraph (a)(4) of this section, no higher than
0.05 ppm of formaldehyde for particleboard, no higher than 0.06 ppm of
formaldehyde for medium-density fiberboard, and no higher than 0.08 ppm
of formaldehyde for thin medium-density fiberboard.
    (d) As measured according to paragraphs (a)(3) and (4) of this
section, the emission standards for an exemption from the testing and
certification requirements of Sec.  770.20 for composite wood products
made with ultra low-emitting formaldehyde resins are as follows:
    (1) No test result higher than 0.05 ppm of formaldehyde for
hardwood plywood or 0.06 ppm of formaldehyde for particleboard, medium-
density fiberboard, and thin medium-density fiberboard.
    (2) For 90% of the six months of routine quality control testing
data required under paragraph (a)(4) of this section, no higher than
0.04 parts per million of formaldehyde.
    (e) Products that have obtained an exemption from the California
Air Resources Board will also be exempt from the requirements in
Sec. Sec.  770.15, 770.20, and 770.40(b) if they meet the requirements
under Sec.  770.18(d) and the

requirements of the California Air Resources Board remain as stringent
as EPA's requirements. Products that have obtained approval for reduced
testing from the California Air Resources Board will be granted
approval to conduct less frequent testing than is specified in Sec.
770.20 if they meet the requirements under Sec.  770.18(c) and the
requirements of the California Air Resources Board remain as stringent
as EPA's requirements.
    (f) Products that are represented by a quarterly test result that
exceeds the applicable emission standard in this section or a quality
control test that indicates that the product exceeds the applicable
emission standard in this section lose their reduced testing approval
and must reapply as specified under Sec.  770.18(a).
    (g) After the two-year period of the initial exemption, and every
two years thereafter, in order to continue to qualify for the exemption
from the testing and certification requirements, the panel producer
must reapply to an EPA TSCA Title VI TPC or CARB and obtain at least
two test results in accordance with paragraph (a)(3) of this section
that comply with the emission standards in paragraph (d)(1) of this
section.
    (h) Any time there is an operational or process change such as a
change in resin formulation, press cycle duration, temperature, or
amount of resin used per panel, at least five quality control tests
under Sec.  770.20 and at least one test result in accordance with
paragraph (a)(3) of this section that indicate compliance with the
emission standards in paragraph (d)(1) of this section are required.
    (i) A change in the resin system invalidates the exemption or
reduced testing approval for any product type produced after such a
change.

Sec.  770.20   Testing requirements.

    (a) General requirements. (1) All panels must be tested in an
unfinished condition, prior to the application of a finishing or
topcoat, as soon as possible after their production but no later than
30 calendar days after production.
    (2) Facilities that conduct the formaldehyde testing required by
this section must follow the procedures and specifications, such as
testing conditions and loading ratios, of the test method being used.
    (3) All equipment used in the formaldehyde testing required by this
section must be calibrated and otherwise maintained and used in
accordance with the equipment manufacturer's instructions.
    (b) Quality control testing--(1) Allowable methods. Quality control
testing must be performed using any of the following methods, with a
showing of correlation for each method pursuant to paragraph (d) of
this section:
    (i) ASTM D6007-02 (incorporated by reference, see Sec.  770.99).
    (ii) ASTM D5582-00 (incorporated by reference, see Sec.  770.99).
    (iii) BS EN 717-2:1995 (Gas Analysis Method) (incorporated by
reference, see Sec.  770.99).
    (iv) DMC 2007 User's Manual (incorporated by reference, see Sec.
770.99).
    (v) DMC 2012 GP User's Manual (incorporated by reference, see Sec.
770.99).
    (vi) BS EN 120:1992 (Perforator Method) (incorporated by reference,
see Sec.  770.99).
    (vii) JIS A 1460:2001(E) (24-hr Desiccator Method) (incorporated by
reference, see Sec.  770.99).
    (2) Frequency of testing. (i) Particleboard and medium-density
fiberboard must be tested at least once per shift (eight or twelve
hours, plus or minus one hour of production) for each production line
for each product type. Quality control tests must also be conducted
whenever:
    (A) A product type production ends, even if eight hours of
production has not been reached;
    (B) The resin formulation is changed so that the formaldehyde to
urea ratio is increased;
    (C) There is an increase by more than ten percent in the amount of
formaldehyde resin used, by square foot or by panel;
    (D) There is a decrease in the designated press time by more than
20%; or
    (E) The quality control manager or quality control employee has
reason to believe that the panel being produced may not meet the
requirements of the applicable standards.
    (ii) Particleboard and medium-density fiberboard panel producers
are eligible for reduced quality control testing if they demonstrate
consistent operations and low variability of test values.
    (A) To qualify, panel producers must:
    (1) Apply in writing to an EPA TSCA Title VI TPC; and
    (2) Maintain a 30 panel running average.
    (B) With respect to reduced quality control testing, EPA TSCA Title
VI TPCs:
    (1) May approve a reduction to one quality control test per 24-hour
production period if the 30 panel running average remains two standard
deviations below the designated QCL for the previous 60 consecutive
calendar days or more;
    (2) May approve a reduction to one quality control test per 48-hour
production period if the 30 panel running average remains three
standard deviations below the designated QCL for the previous 60
consecutive calendar days or more;
    (3) Will approve a request for reduced quality control testing as
long as the data submitted by the panel producer demonstrate compliance
with the criteria and the EPA TSCA Title VI TPC does not otherwise have
reason to believe that the data are inaccurate or the panel producer's
production processes are inadequate to ensure continued compliance with
the emission standards; and
    (4) Will revoke approval for reduced quality control testing if
testing or inspections indicate a panel producer no longer demonstrates
consistent operations and low variability of test values.
    (iii) Hardwood plywood must be tested as follows:
    (A) At least one test per week per product type if the weekly
hardwood plywood production at the panel producer is more than 100,000
but less than 200,000 square feet.
    (B) At least two tests per week per product type if the weekly
hardwood plywood production at the panel producer is 200,000 square
feet or more, but less than 400,000 square feet.
    (C) At least four tests per week per product type if the weekly
hardwood plywood production at the panel producer is 400,000 square
feet or more.
    (D) If weekly production of hardwood plywood at the panel producer
is 100,000 square feet or less, at least one test per 100,000 square
feet for each product type produced; or, if less than 100,000 square
feet of a particular product type is produced, one quality control test
of that product type every month that it is produced.
    (E) Quality control tests must also be conducted whenever:
    (1) The resin formulation is changed so that the formaldehyde to
urea ratio is increased;
    (2) There is an increase by more than ten percent in the amount of
formaldehyde resin used, by square foot or by panel;
    (3) There is an increase by more than 20% in the adhesive
application rate;
    (4) There is a decrease in the designated press time by more than
20%; or
    (5) The quality control manager or quality control employee has
reason to believe that the panel being produced

may not meet the requirements of the applicable standard.
    (iv) Composite wood products that have been approved by an EPA TSCA
Title VI TPC or CARB for reduced testing under Sec.  770.18(b) through
(c) must be tested at least once per week per product type and, for
particle board and medium-density fiberboard, per production line, for
products produced that week, except that hardwood plywood panel
producers who qualify for less frequent testing under paragraph
(b)(2)(iii)(D) of this section may continue to perform quality control
testing under that provision.
    (3) Results. Any test result that exceeds the QCL established
pursuant to Sec.  770.7(c)(4)(i)(C) must be reported to the EPA TSCA
Title VI TPC in writing within 72 hours. The panel producer must comply
with Sec.  770.22 with respect to any lot represented by a quality
control sample that exceeds the QCL. Where multiple products are
grouped in a single product type for testing, this includes all
products in the group represented by the sample.
    (c) Quarterly testing. Quarterly testing must be supervised by EPA
TSCA Title VI TPCs and performed by TPC laboratories.
    (1) Allowable methods. Quarterly testing must be performed using
ASTM E1333-10 (incorporated by reference, see Sec.  770.99) or, with a
showing of equivalence pursuant to paragraph (d) of this section, ASTM
D6007-02 (incorporated by reference, see Sec.  770.99).
    (2) Sample selection. (i) Samples must be randomly chosen by an EPA
TSCA Title VI TPC.
    (ii) Samples must be selected from each certified product type for
quarterly testing purposes. For hardwood plywood samples, the samples
must be randomly selected from products that represent the range of
formaldehyde emissions of products produced by the panel producer.
    (iii) Samples must not include the top or the bottom composite wood
product of a bundle.
    (3) Sample handling. Samples must be closely stacked or air-tight
wrapped between the time of sample selection and the start of test
conditioning. Samples must be labeled as such, signed by the EPA TSCA
Title VI TPC, bundled air-tight, wrapped in polyethylene, protected by
cover sheets, and promptly shipped to the TPC laboratory. Conditioning
must begin as soon as possible, but no later than 30 calendar days
after the samples were produced.
    (4) Results. Any sample that exceeds the applicable formaldehyde
emission standard in Sec.  770.10 must be reported by the EPA TSCA
Title VI TPC to the panel producer in writing and to EPA, in accordance
with Sec.  770.8, within 72 hours. The panel producer must comply with
Sec.  770.22 with respect to any lot represented by a sample result
that exceeds the applicable formaldehyde emission standard. Where
multiple products are grouped in a single product type for testing,
this includes all products in the group represented by the sample.
    (5) Reduced testing frequency. Composite wood products that have
been approved by an EPA TSCA Title VI TPC or CARB for reduced testing
under Sec.  770.18(c) need only undergo quarterly testing every six
months.
    (d) Equivalence or correlation. Equivalence or correlation between
ASTM E1333-10 (incorporated by reference, see Sec.  770.99) and any
other test method used for quarterly or quality control testing must be
demonstrated by EPA TSCA Title VI TPCs or panel producers,
respectively, at least once each year for each testing apparatus or
whenever there is a significant change in equipment, procedure, or the
qualifications of testing personnel. Once equivalence or correlation
have been established for three consecutive years, equivalence or
correlation must be demonstrated every two years or whenever there is a
significant change in equipment, procedure, or the qualifications of
testing personnel.
    (1) Equivalence between ASTM E1333-10 and ASTM D6007-02 when used
by the TPC for quarterly testing. Equivalence must be demonstrated for
at least five comparison sample sets, which compare the results of the
two methods. Equivalence must be demonstrated for each small chamber
used and for the ranges of emissions of composite wood products tested
by the TPC.
    (i) Samples. (A) For the ASTM E1333-10 method (incorporated by
reference, see Sec.  770.99), each comparison sample must consist of
the result of testing panels, using the applicable loading ratios
specified in the ASTM E1333-10 method (incorporated by reference, see
Sec.  770.99), from similar panels of the same product type tested by
the ASTM D6007-02 method (incorporated by reference, see Sec.  770.99).
    (B) For the ASTM D6007-02 method (incorporated by reference, see
Sec.  770.99), each comparison sample shall consist of testing
specimens representing portions of panels similar to the panels tested
in the ASTM E1333-10 method (incorporated by reference, see Sec.
770.99) and matched to their respective ASTM E1333-10 method
(incorporated by reference, see Sec.  770.99) comparison sample result.
The ratio of air flow to sample surface area specified in ASTM D6007-02
(incorporated by reference, see Sec.  770.99) must be used.
    (C) The five comparison sample--must consist of testing a minimum
of five sample sets as measured by the ASTM E1333-10 method
(incorporated by reference, see Sec.  770.99).
    (ii) Average and standard deviation. The arithmetic mean, x, and
standard deviation, S, of the difference of all comparison sets must be
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR12DE16.002

    Where x = arithmetic mean; S = standard deviation; n = number of
sets; Di = difference between the ASTM E1333-10 and ASTM
D6007-02 method (incorporated by reference, see Sec.  770.99) values
for the ith set; and i ranges from 1 to n.
    (iii) Equivalence determination. The ASTM D6007-02 method
(incorporated by reference, see Sec.  770.99) is considered equivalent
to the ASTM E1333-10 method (incorporated by reference, see Sec.
770.99) if the following condition is met:
[GRAPHIC] [TIFF OMITTED] TR12DE16.003

    Where C is equal to 0.026.
    (2) Correlation between ASTM E1333-10 and any quality control test
method. Correlation must be demonstrated by

establishing an acceptable correlation coefficient (``r'' value).
    (i) Correlation. The correlation must be based on a minimum sample
size of five data pairs and a simple linear regression where the
dependent variable (Y-axis) is the quality control test value and the
independent variable (X-axis) is the ASTM E1333-10 (incorporated by
reference, see Sec.  770.99) test value. Either composite wood products
or formaldehyde emissions reference materials can be used to establish
the correlation.
    (ii) Minimum acceptable correlation coefficients (``r'' values).
The minimum acceptable correlation coefficients are as follows, where
``n'' is equal to the number of data pairs, and ``r'' is the
correlation coefficient:

------------------------------------------------------------------------
                Degrees of freedom  (n-2)                   ``r'' value
------------------------------------------------------------------------
3.......................................................           0.878
4.......................................................           0.811
5.......................................................           0.754
6.......................................................           0.707
7.......................................................           0.666
8.......................................................           0.632
9.......................................................           0.602
10 or more..............................................           0.576
------------------------------------------------------------------------

    (iii) Variation from previous results. If data from an EPA TSCA
Title VI TPC's quarterly test results and a panel producer's quality
control test results do not fit the previously established correlation,
the panel producer must have its TPC establish a new correlation and
new QCLs.
    (iv) Failed quarterly tests. If a panel producer fails two
quarterly tests in a row for the same product type, the panel producer
must have its TPC establish a new correlation curve.
    (e) Quality assurance and quality control requirements for panel
producers. Panel producers are responsible for product compliance with
the applicable emission standards.

Sec.  770.21   Quality control manual, facilities, and personnel.

    (a) Quality control manual. (1) Each panel producer must have a
written quality control manual. The manual must contain, at a minimum,
the following:
    (i) A description of the organizational structure of the quality
control department, including the names of the quality control manager
and quality control employees;
    (ii) A description of the sampling procedures to be followed;
    (iii) A description of the method of handling samples, including a
specific maximum time period for analyzing quality control samples;
    (iv) A description of the frequency of quality control testing;
    (v) A description of the procedures used to identify changes in
formaldehyde emissions resulting from production changes (e.g.,
increase in the percentage of resin, increase in formaldehyde/urea
molar ratio in the resin, or decrease in press time);
    (vi) A description of provisions for additional testing;
    (vii) A description of recordkeeping procedures;
    (viii) A description of labeling procedures;
    (ix) The average percentage of resin and press time for each
product type;
    (x) A description of product types, and if applicable, a
description of product variables covered under each product type;
    (xi) Procedures for reduced quality control testing, if applicable;
and
    (xii) Procedures for handling non-complying lots, including a
description of how the panel producer will ensure compliance with the
notification requirements of Sec.  770.22(d)(1).
    (2) The quality control manual must be approved by an EPA TSCA
Title VI TPC.
    (b) Quality control facilities. Each panel producer must designate
a quality control facility for conducting quality control formaldehyde
testing.
    (1) The quality control facility must be an EPA TSCA Title VI TPC,
a contract laboratory, or a laboratory owned and operated by the panel
producer.
    (2) Each quality control facility must have quality control
employees with adequate experience and/or training to conduct accurate
chemical quantitative analytical tests. The quality control manager
must identify each person conducting formaldehyde quality control
testing to the EPA TSCA Title VI TPC.
    (c) Quality control manager. Each panel producer must designate a
person as quality control manager with adequate experience and/or
training to be responsible for formaldehyde emissions quality control.
The quality control manager must:
    (1) Have the authority to take actions necessary to ensure that
applicable formaldehyde emission standards are being met on an ongoing
basis;
    (2) Be identified to the EPA TSCA Title VI TPC that will be
overseeing the quality control testing. The panel producer must notify
the EPA TSCA Title VI TPC in writing within ten calendar days of any
change in the identity of the quality control manager and provide the
EPA TSCA Title VI TPC with the new quality control manager's
qualifications;
    (3) Review and approve all reports of quality control testing
conducted on the production of the panel producer;
    (4) Ensure that the samples are collected, packaged, and shipped
according to the procedures specified in the quality control manual;
and
    (5) Inform the EPA TSCA Title VI TPC in writing of any significant
changes in production that could affect formaldehyde emissions within
72 hours of making those changes.

Sec.  770.22   Non-complying lots.

    (a) Non-complying lots are not certified composite wood products
and they may not be sold, supplied or offered for sale in the United
States except in accordance with this section.
    (b) Non-complying lots must be isolated from certified lots.
    (c) Non-complying lots must either be disposed of or retested and
certified using the same test method, if each panel is treated with a
scavenger or handled by other means of reducing formaldehyde emissions,
such as aging. Tests must be performed as follows:
    (1) Quality control tests. (i) At least one test panel must be
selected from each of three separate bundles. The panels must be
selected so that they are representative of the entire non-complying
lot and they are not the top or bottom panel of a bundle. The panels
may be selected from properly stored samples set aside by the panel
producer for retest in the event of a failure.
    (ii) All samples must test at or below the level that indicates
that the product is in compliance with the applicable emission
standards in Sec.  770.10.
    (2) Quarterly tests. (i) At least one test panel must be randomly
selected so that it is representative of the entire non-complying lot
and is not the top or bottom panel of a bundle. The panel may be
selected from properly stored samples set aside by the panel producer
for retest in the event of a failure.
    (ii) The sample must test at or below the applicable emission
standards in Sec.  770.10.
    (d) If composite wood products belonging to a non-complying lot
have been shipped to a fabricator, importer, distributor, or retailer
before the test results are received, the panel producer must:
    (1) Ensure that the composite wood products are not distributed
further by notifying, within 72 hours of the time that the panel
producer is made aware of the failing test result, the fabricators,
importers, distributors, and retailers that received the composite wood
products.

The notification must include the following:
    (i) Panel producer name, contact information, and date of notice;
    (ii) A description of the composite wood products that belong to
the non-complying lot that is sufficient to allow the fabricator,
importer, distributor, or retailer to identify the products;
    (iii) Whether the failed test result was of a quarterly test, a
quality control test, or a retest of composite wood products belonging
to a non-complying lot;
    (iv) A statement that composite wood products belonging to the non-
complying lot must be isolated from other composite wood products and
cannot be further distributed in commerce; and
    (v) A description of the steps the panel producer intends to take
to either recall the composite wood products belonging to the non-
complying lot or to treat and retest the products and certify the lot.
    (2) Do one of the following:
    (i) Recall the composite wood products belonging to the non-
complying lot and either treat and retest products belonging to the
non-complying lot or dispose of them; or
    (ii) Treat and retest composite wood products belonging to the non-
complying lot while they remain in possession of a fabricator,
importer, distributor, or retailer.
    (e) Information on the disposition of non-complying lots, including
product type and amount of composite wood products affected, lot
numbers, mitigation measures used, results of retesting, and final
disposition, must be provided to the EPA TSCA Title VI TPC within seven
calendar days of final disposition.
    (f) Fabricators, importers, distributors, or retailers who are
notified that they have received composite wood products belonging to a
non-complying lot and who have further distributed the composite wood
products are responsible for notifying the purchasers of the composite
wood products in accordance with paragraph (d)(1) of this section.

Sec.  770.24   Samples for testing.

    (a) Composite wood products may be shipped into and transported
across the United States for quality control or quarterly tests. TPCs
that ship composite panels into or across the United States solely for
quality control or quarterly tests are not considered importers or
distributors or importers for the purposes of Sec.  770.7(c)(3)(i).
    (1) Such panels must not be sold, offered for sale or supplied to
any entity other than a TPC laboratory before testing in accordance
with Sec.  770.17, Sec.  770.18, or Sec.  770.20.
    (2) If test results for such products demonstrate compliance with
the emission standards in this subpart, the panels may be relabeled in
accordance with Sec.  770.45 and sold, offered for sale, or supplied.
    (b) [Reserved]

Sec.  770.30   Importers, fabricators, distributors, and retailers.

    (a) Importers, fabricators, distributors, and retailers must take
reasonable precautions to ensure that the composite wood products they
sell, supply, offer for sale, or hold for sale, whether in the form of
panels, component parts, or finished goods, comply with the emission
standards and other requirements of this subpart.
    (b) Importers must demonstrate that they have taken reasonable
precautions by maintaining, for three years, bills of lading, invoices,
or comparable documents that include a written statement from the
supplier that the composite wood products, component parts, or finished
goods are TSCA Title VI compliant or were produced before December 12,
2017 and by ensuring the following records are made available to EPA
within 30 calendar days of request:
    (1) Records identifying the panel producer and the date the
composite wood products were produced; and
    (2) Records identifying the supplier, if different, and the date
the composite wood products, component parts, or finished goods were
purchased.
    (c) Fabricators, distributors, and retailers must demonstrate that
they have taken reasonable precautions by obtaining bills of lading,
invoices, or comparable documents that include a written statement from
the supplier that the composite wood products, component parts, or
finished goods are TSCA Title VI compliant or that the composite wood
products were produced before December 12, 2017.
    (d) On and after December 12, 2018, importers of articles that are
regulated composite wood products, or articles that contain regulated
composite wood products, must comply with the import certification
regulations for ``Chemical Substances in Bulk and As Part of Mixtures
and Articles,'' as found at 19 CFR 12.118 through 12.127.
    (e) Records required by this section must be maintained in
accordance with Sec.  770.40(d).

Sec.  770.40   Reporting and recordkeeping.

    (a) Panel producers must maintain the following records for a
period of three years, except that records demonstrating initial
eligibility for reduced testing or third-party certification exemption
under Sec.  770.17 or Sec.  770.18 must be kept for as long as the
panel producer is producing composite wood products with reduced
testing or under a third-party certification exemption. The following
records must also be made available to the panel producers' EPA TSCA
Title VI TPCs. Panel producers must make the records described in
paragraph (a)(1) of this section available to direct purchasers of
their composite wood products. This information may not be withheld
from direct purchasers as confidential business information.
    (1) Records of all quarterly emissions testing. These records must
identify the EPA TSCA Title VI TPC conducting or overseeing the
testing. These records must also include the date, the product type
tested, the lot number that the tested material represents, the test
method used, and the test results.
    (2) Records of all ongoing quality control testing. These records
must identify the EPA TSCA Title VI TPC conducting or overseeing the
testing and the facility actually performing the testing. These records
must also include the date, the product type tested, the lot number
that the tested material represents, the test method used, and the test
results.
    (3) Production records, including a description of the composite
wood product(s), the date of manufacture, lot numbers, and tracking
information allowing each product to be traced to a specific lot
produced.
    (4) Records of changes in production, including changes of more
than ten percent in the resin use percentage, changes in resin
composition that result in a higher ratio of formaldehyde to other
resin components, and changes in the process, such as changes in press
time by more than 20%.
    (5) Records demonstrating initial and continued eligibility for the
reduced testing provisions in Sec. Sec.  770.17 and 770.18, if
applicable. These records must include:
    (i) Approval for reduced testing from an EPA TSCA Title VI TPC or
CARB;
    (ii) Amount of resin use reported by volume and weight;
    (iii) Production volume reported as square feet per product type;
    (iv) Resin trade name, resin manufacturer contact information
(name, address, phone number, and email), and resin supplier contact
information (name, address, phone number, and email); and
    (v) Any changes in the formulation of the resin.
    (6) Purchaser information for each composite wood product, if
applicable, including the name, contact person if

available, address, telephone number, email address if available,
purchase order or invoice number, and amount purchased.
    (7) Transporter information for each composite wood product, if
applicable, including name, contact person, address, telephone number,
email address if available, and shipping invoice number.
    (8) Information on the disposition of non-complying lots, including
product type and amount of composite wood products affected, lot
numbers, purchasers who received product belonging to non-complying
lots (if any), copies of purchaser notifications used (if any),
mitigation measures used, results of retesting, and final disposition.
    (9) Representative copies of labels used.
    (b) Panel producers must provide their EPA TSCA Title VI TPC with
monthly product data reports for each production facility, production
line, and product type, maintain copies of the reports for a minimum of
three years from the date that they are produced. Monthly product data
reports must contain a data sheet for each specific product type with
test and production information, and a quality control graph containing
the following:
    (1) QCL;
    (2) Shipping QCL (if applicable);
    (3) Results of quality control tests; and
    (4) Retest values.
    (c) Laminated product producers whose products are exempt from the
definition of hardwood plywood must keep records demonstrating
eligibility for the exemption. These records must be kept for a minimum
of three years from the date they are produced and must include:
    (1) Resin trade name, resin manufacturer contact information (name,
address, phone number, and email), resin supplier contact information
(name, address, phone number, and email), and resin purchase records;
    (2) Panel producer contact information and panel purchase records;
    (3) For panels produced in-house, records demonstrating that the
panels have been certified by an EPA TSCA Title VI TPC; and
    (4) For resins produced in-house, records demonstrating the
production of phenol-formaldehyde resins or resins formulated with no
added formaldehyde as part of the resin cross-linking structure.
    (d) Importers, fabricators, distributors, and retailers must
maintain the records described in Sec.  770.30 for a minimum of three
years from the import date or the date of the purchases or shipments
described therein.

Sec.  770.45   Labeling.

    (a) Panels or bundles of panels that are sold, supplied, or offered
for sale in the United States must be labeled with the panel producer's
name, the lot number, the number of the EPA TSCA Title VI TPC, and a
statement that the products are TSCA Title VI certified. If a composite
wood panel is not individually labeled, the panel producer, importer,
distributor, fabricator, or retailer must have a method (e.g., color-
coded edge marking) sufficient to identify the supplier of the panel
and linking the information on the label to the products. This
information must be made available to potential customers upon request.
The label may be applied as a stamp, tag, or sticker.
    (1) A panel producer number may be used instead of a name to
protect identity, so long as the identity of the panel producer can be
determined at the request of EPA.
    (2) Only panels or bundles of panels manufactured in accordance
with Sec.  770.17 may also be labeled that they were made with no-added
formaldehyde-based resins in addition to the other information required
by this section.
    (3) Only panels or bundles of panels manufactured in accordance
with Sec.  770.18 may also be labeled that they were made with ultra
low-emitting formaldehyde resins in addition to the other information
required by this section.
    (b) Panels imported into or transported across the United States
for quarterly or quality control testing purposes in accordance with
Sec.  770.20 must be labeled ``For TSCA Title VI testing only, not for
sale in the United States.'' The panels may be re-labeled if test
results are below the applicable emission standards in this subpart.
    (c) Fabricators of finished goods containing composite wood
products must label every finished good they produce or every box or
bundle containing finished goods. If a finished good (including
component parts sold separately to end users) is not individually
labeled, the importer, distributor, or retailer must retain a copy of
the label, be able to identify the products associated with that label,
and make the label information available to potential customers upon
request.
    (1) The label may be applied as a stamp, tag, or sticker.
    (2) The label must include, at a minimum, in legible English text,
the fabricator's name, the date the finished good was produced (in
month/year format), and a statement that the finished goods are TSCA
Title VI compliant.
    (3) Finished goods made from panels manufactured in accordance with
Sec.  770.17 and/or Sec.  770.18 may also be labeled that they were
made with no-added formaldehyde-based resins, or ultra low-emitting
formaldehyde resins in addition to the other information required by
this section. They may be labeled as being made with a combination of
compliant composite wood, no-added formaldehyde-based resins, and ultra
low-emitting formaldehyde resins, if this is accurate.
    (4) Fabricators may substitute the name of a responsible downstream
fabricator, importer, distributor, or retailer for their name on the
label if they obtain and maintain written consent from the downstream
entity.
    (d) Importers, distributors, and retailers must leave intact labels
on finished goods, including component parts sold separately to end
users.
    (e) Finished goods, including component parts sold separately to
end users, containing only a de minimis amount of regulated composite
wood product are excepted from the labeling requirements. A finished
good, including component parts sold directly to consumers, contains a
de minimis amount of regulated composite wood product if its regulated
composite wood product content does not exceed 144 square inches, based
on the surface area of its largest face. The exception does not apply
to finished goods or component parts that are designed to be used in
combination or in multiples to create larger surfaces, finished goods,
or component parts.
    (f) Composite wood products and finished goods made entirely of
composite wood products manufactured before the manufactured-by date
must not be labeled as TSCA Title VI compliant.

Subpart D--Incorporation by Reference

Sec.  770.99   Incorporation by reference.

    The materials listed in this section are incorporated by reference
into this part with the approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any
edition other than that specified in this section, a document must be
published in the Federal Register and the material must be available to
the public. All approved materials are available for inspection at the
OPPT Docket in the Environmental Protection Agency Docket Center (EPA/
DC), West William

Jefferson Clinton Bldg., Rm. 3334, 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
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. In addition, these materials are also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call
(202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. These materials may
also be obtained from the sources listed in this section.
    (a) CPA, AITC, and HPVA material. Copies of these materials 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, Basic Hardboard, Approved June 8, 2012, IBR
approved for Sec.  770.3.
    (2) ANSI A135.5-2012, Prefinished Hardboard Paneling, Approved
March 29, 2012, IBR approved for Sec.  770.3.
    (3) ANSI A135.6-2012, Engineered Wood Siding, Approved June 5,
2012, IBR approved for Sec.  770.3.
    (4) ANSI A135.7-2012, Engineered Wood Trim, Approved July 17, 2012,
IBR approved for Sec.  770.3.
    (5) ANSI A208.1-2009, Particleboard, Approved February 2, 2009, IBR
approved for Sec.  770.3.
    (6) ANSI A208.2-2009, Medium Density Fiberboard (MDF) for Interior
Applications, Approved February 2, 2009, IBR approved for Sec.  770.3.
    (7) ANSI/AITC A190.1-2002, American National Standard for Wood
Products--Structural Glued Laminated Timber, Approved October 10, 2002,
IBR approved for Sec.  770.1(c).
    (8) ANSI/HPVA HP-1-2009, American National Standard for Hardwood
and Decorative Plywood, Approved January 26, 2010, IBR approved for
Sec.  770.3.
    (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,
Approved October 1, 2005, IBR approved for Sec.  770.1(c).
    (2) ASTM D5456-06, Standard Specification for Evaluation of
Structural Composite Lumber Products, Approved March 1, 2006, IBR
approved for Sec.  770.1(c).
    (3) ASTM D5582-00 (Reapproved 2006), Standard Test Method for
Determining Formaldehyde Levels from Wood Products Using a Desiccator,
October 1, 2006, IBR approved for Sec.  770.20(b).
    (4) ASTM D6007-02, Standard Test Method for Determining
Formaldehyde Concentrations in Air from Wood Products Using a Small
Scale Chamber, Approved April 10, 2002, IBR approved for Sec. Sec.
770.3, 770.7(a) through (c), 770.15(c), 770.17(a), 770.18(a) and
770.20(b) through (d).
    (5) ASTM E1333-10, Standard Test Method for Determining
Formaldehyde Concentrations in Air and Emission Rates from Wood
Products Using a Large Chamber, Approved May 1, 2010, IBR approved for
Sec. Sec.  770.3, 770.7(a) through (c), 770.10(b), 770.15(c),
770.17(a), 770.18(a) and 770.20(c) through (d).
    (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,
incorporating Amendment No. 1, English Version, copyright BSI 1997, IBR
approved for Sec.  770.20(b).
    (2) BS EN 717-2:1995, Wood-based panels--Determination of
formaldehyde release--Part 2: Formaldehyde release by the gas analysis
method, incorporating Corrigendum No. 1, English Version, copyright BSI
9 December 2002, IBR approved for Sec.  770.20(b).
    (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 Dynamic Microchamber computer integrated formaldehyde test
system, User Manual, revised March 2007 (DMC 2007 User's Manual) IBR
approved for Sec.  770.20(b).
    (2) The GP Dynamic Microchamber Computer-integrated formaldehyde
test system, User Manual, copyright 2012 (DMC 2012 GP User's Manual),
IBR approved for Sec.  770.20(b).
    (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
assessments bodies, First edition, Corrected version, 2005-02-15, IBR
approved for Sec. Sec.  770.3 and 770.7(a) through (b).
    (2) ISO/IEC 17020:2012(E), Conformity assessment-Requirements for
the operation of various bodies performing inspection, Second edition,
2012-03-01 IBR approved for Sec. Sec.  770.3 and 770.7(a) through (c).
    (3) ISO/IEC 17025:2005(E), General requirements for the competence
of testing and calibration laboratories, Second edition, 2005-05-15,
IBR approved for Sec. Sec.  770.3 and 770.7(a) through (c).
    (4) ISO/IEC 17065:2012(E), Conformity assessment--Requirements for
bodies certifying products, processes and services, First edition,
2012-09-15, IBR approved for Sec. Sec.  770.3 and 770.7(a) and (c).
    (f) Japanese Standards Association. Copies of this material 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/.
    (1) JIS A 1460:2001(E), Building boards Determination of
formaldehyde emission--Desiccator method, First English edition,
published 2003-07 IBR approved for Sec.  770.20(b).
    (2) [Reserved]
    (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) PS 1-07, Structural Plywood, May 2007, IBR approved for
Sec. Sec.  770.1(c) and 770.3.
    (2) PS 2-04, Performance Standard for Wood-Based Structural-Use
Panels, December 2004, IBR approved for Sec. Sec.  770.1(c) and 770.3.

    Editorial note: This document was received for publication by
the Office of the Federal Register on November 16, 2016.

[FR Doc. 2016-27987 Filed 12-9-16; 8:45 am]
 BILLING CODE 6560-50-P