[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Rules and Regulations]
[Pages 10468-10478]
[FR Doc No: 2023-03444]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0245; FRL-8452-01-OCSPP]
RIN 2070-AK94

Voluntary Consensus Standards Update; Formaldehyde Emission
Standards for Composite Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is publishing a
final rule to update the incorporation by reference of several
voluntary consensus standards in the Agency's formaldehyde standards
for composite wood products regulations under the Toxic Substances
Control Act (TSCA) that have since been updated, superseded, or
withdrawn by the issuing organizations. In addition, EPA is taking
final action to reflect its interpretation that remote inspections by
third-party certifiers (TPCs) are allowed in certain circumstances in
the event of unsafe conditions such as the on-going COVID-19 pandemic
or other unsafe conditions such as natural disasters, outbreaks,
political unrest, and epidemics. Finally, EPA is making certain
technical corrections and conforming changes including updating
standards within the definitions section, clarifying language as it
relates to production, and creating greater flexibilities for the
third-party certification process.

DATES: This final rule is effective on March 23, 2023. The
incorporation by reference of certain material listed in the rule is
approved by the Director of the Federal Register as of March 23, 2023.
The incorporation by reference of certain other material listed in the
rule was approved by the Director of the Federal Register on February
10, 2017, and February 7, 2018.

ADDRESSES: The docket for this action is identified by docket
identification (ID) number EPA-HQ-OPPT-2017-0245, using the Federal
eRulemaking Portal at https://www.regulations.gov or at the Office of
Pollution Prevention and Toxics Docket (OPPT Docket), Environmental
Protection Agency Docket Center (EPA/DC), West William Jefferson
Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Jeffrey Putt, Existing Chemicals
Risk Management Division (Mail Code 7404T), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-3703; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

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

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

    EPA is publishing this final rule pursuant to the authority in
section 601 of TSCA, 15 U.S.C. 2697 relating to formaldehyde emission
standards for composite wood products.

C. What action is the Agency taking?

    The Agency is issuing this final rule to take action on a recent
notice of proposed rulemaking (87 FR 17963) issued on March 29, 2022,
and a supplemental notice of proposed rulemaking (87 FR 57432) issued
on September 20, 2022, including addressing the comments received on
both proposals.
    The Agency is taking final action on the following:
1. Update Incorporation-By-Reference (IBR) for Certain Voluntary
Consensus Standards
    EPA is finalizing an update to the IBR of certain voluntary
consensus standards in 40 CFR 770.99 to reflect the most recent
editions of those standards issued by the relevant standards
organizations. The relevant standards organizations updated these
standards

after EPA incorporated them in 40 CFR 770.99. The final rule will
require regulated entities to adhere to the updated editions of the
voluntary consensus standards when complying with the requirements of
40 CFR part 770. EPA received three comments in support of updating
these standards in the proposed rule in March and received one comment
in support of updating the two additional standards in the supplemental
proposed rule in September. These amendments are further explained in
Unit II.B.
2. Conform Voluntary Consensus Standards in Scope and Definitions
    As a result of the final list of updated standards in Unit II.B.,
EPA is finalizing an update to 40 CFR 770.1 and 770.3 to reflect the
current standards that are incorporated by reference in 40 CFR 770.99.
EPA received three comments in the proposed rule and one comment in the
supplemental proposed rule in support of these updates to reflect
current standards which are in use.
3. Increase Flexibility for TPC Certification Process
    EPA is also finalizing revisions at 40 CFR 770.7, paragraphs
(a)(5)(i)(A), (c)(1)(iii), (c)(2)(v), and (c)(4)(i)(F). These changes
add a reference to section 6.2.2 under ISO/IEC 17065:2012(E). The
addition of section 6.2.2 under ISO/IEC 17065:2012(E) will allow TPCs
to utilize external evaluation resources, such as contracting out
inspections to a third party in order to complete the certification
process in which TPCs certify that the products are TSCA Title VI
compliant. Under ISO/IEC 17065:2012(E), the requirements for the
certification process under section 6.2.2 are the same as section
6.2.1, which involves an internal certification process. Adding section
6.2.2 will give TPCs flexibility to choose to contract out inspections
to a third party to satisfy the requirements in 40 CFR 770.7 to conduct
inspections of composite wood products. EPA received three comments in
support of the increase in flexibility for TPCs.
4. Address Remote Inspections in Limited Circumstances
    Additionally, EPA is taking final action to reflect its
interpretation that remote inspections by third-party certifiers are
allowed in certain circumstances under paragraphs (c)(4)(i)(G) and
(c)(4)(viii)(A)(3) under 40 CFR 770.7, as well as 40 CFR 770.15,
paragraph (c)(1)(viii). During the COVID-19 pandemic, EPA provided its
regulatory interpretation that TPCs could conduct remote inspections
via video teleconference to satisfy the requirements of 40 CFR
770.7(c)(4)(i)(F) and 770.15(c)(1)(viii), and allowed TPCs to work with
the panel producer quality control managers at the time of the remote
inspection to select, package, sign, and ship the TPC panels/samples
for the quarterly test according to 40 CFR 770.20(c). EPA received
three comments in support of the remote inspection process and is
finalizing an amendment to 40 CFR part 770 to reflect its regulatory
interpretation that TPCs may conduct the required initial on-site
inspection or quarterly inspections and sample collections remotely
when in-person, on-site inspections are temporarily impossible because
of unsafe conditions caused by natural disasters, health crises, or
political unrest. These amendments are further explained in Unit
II.B.3.
5. Improve Regulatory Consistency Through Technical Corrections
    Furthermore, EPA is taking final action to clarify data
requirements for emission standards under 40 CFR 770.17(c)(2) and
770.18(d)(2). Under these sections, EPA is including language that
clarifies the requirements for testing data for no added formaldehyde-
based resins (NAF) and ultra-low-emitting formaldehyde resins (ULEF).
The clarification states that for NAF based exemptions 90 percent of
the three months of routine quality control testing data and the
results of the one primary or secondary method test must be shown to be
no higher than 0.04 ppm. For ULEF based exemptions, the clarification
states that 90 percent of six months of routine quality control testing
data and the results of two quarterly primary or secondary method tests
must be shown to be no higher than a ULEF-target value of 0.04 ppm.
This final action will fully align with the California Air Resource
Board (CARB) quality control data under section 93120.3 of title 17 of
the California Code of Regulations (the Airborne Toxic Control Measure
to Reduce Formaldehyde Emissions from Composite Wood Products rule, or
the ATCM) (Ref. 1) to create better consistency. EPA received three
comments in support of the clarifying language for NAF and ULEF based
exemptions to better conform with CARB requirements.
    Additionally, EPA is finalizing several technical corrections under
40 CFR 770.20. Under 40 CFR 770.20(a)(1), EPA is clarifying the period
in which panels must be tested after their production. This
clarification aligns with language in 40 CFR 770.20(c)(3) and CARB
section 93120.12 Appendix 3(d)(1) under the ATCM rule. Finally, under
40 CFR 770.20(d)(1)(iii), EPA is including equivalence determinations
to align with CARB requirements under 93120.9(a)(2)(B)(5) of the ATCM
rule. EPA received three comments in support of the technical
corrections. However, these commentors also expressed concern that the
language that was proposed under 40 CFR 770.2(a)(1) was still confusing
when it comes to timing. Based on this feedback, EPA has further
clarified the language on testing timeline requirements in this final
rule. These technical corrections are further explained in Unit II.B.

D. Why is the Agency taking this action?

    The Agency is taking final action to adopt several voluntary
consensus standards for incorporation by reference at 40 CFR 770.99.
This rulemaking will update several voluntary consensus standards under
40 CFR 770.99 to their current editions to address outdated,
superseded, and withdrawn standards that have been updated between 2019
and 2022. These new updates are needed because outdated versions have
been replaced by these new standards. EPA is taking final action to
update these voluntary consensus standards to reflect the current
editions for use by regulated entities and industry stakeholders. EPA
believes that this action is warranted to facilitate regulated entities
using the most up to date voluntary consensus standards to comply with
the regulation at 40 CFR part 770.
    EPA is also taking final action to reflect its interpretation that
remote inspections by third-party certifiers are allowed in certain
circumstances because of unsafe conditions such as the on-going COVID-
19 pandemic or other unsafe conditions such as natural disasters,
outbreaks, political unrest, and epidemics. The remote inspections are
designed to allow inspectors flexibility to comply with TSCA Title VI
regulations and regional emergency declarations.
    Furthermore, EPA is taking final action on several technical
corrections to better align with CARB requirements. These technical
corrections include the timing of panel testing after production,
equivalency determinations, and the third-party certification process.
Alignment with CARB allows EPA's TSCA Title VI program and CARB's ATCM
program to work in tandem with one another in order to create an
effective and efficient formaldehyde emissions regulatory system. These
corrections also will result in less burden on industry working or
seeking

to work in either or both the California and U.S. markets.

E. What are the incremental economic impacts?

    EPA anticipates no additional costs to stakeholders associated with
this final rule for updated standards. This is a routine action that
updates voluntary consensus standards referenced in the incorporation
by reference section of the regulation at 40 CFR part 770 to address
updated, superseded, and withdrawn versions of the referenced
standards. Additionally, regulatory language added to address remote
inspections by TPCs and sample collections are also expected to result
in no additional costs as this language is intended to codify the
Agency's existing interpretation of the regulation and reflect
practices that are currently on-going, in part due to the COVID-19
pandemic.

II. Background

A. Regulatory Overview

1. Formaldehyde Emission Standards for Composite Wood Products
    The Formaldehyde Standards for Composite Wood Products Act of 2010
(Pub. L. 111-199) created Title VI of TSCA (15 U.S.C. 2697),
established emission standards for formaldehyde from composite wood
products, and directed EPA to implement and enforce a number of
provisions covering composite wood products. On December 12, 2016, EPA
published a final rule (2016 final rule) (Ref. 2) to reduce exposure to
formaldehyde emissions from certain wood products produced domestically
or imported into the United States. EPA worked with CARB to align the
2016 final rule with the ATCM to the extent EPA deemed appropriate and
practical considering TSCA Title VI. By including provisions for
laminated products, product-testing requirements, labeling,
recordkeeping, and import certification, the 2016 final rule requires
that hardwood plywood, medium-density fiberboard, and particleboard
products sold, supplied, offered for sale, imported to, or manufactured
in the United States be in compliance with the emission standards. The
2016 final rule also established a third-party certification program
for laboratory testing and oversight of formaldehyde emissions from
manufactured and/or imported composite wood products.
2. 2018 Voluntary Consensus Standards Amendment
    On February 7, 2018, EPA published a final rule (Ref. 3) to update
several voluntary consensus standards incorporated by reference at 40
CFR 770.99. These updates applied to emission testing methods and
regulated composite wood product construction characteristics. Several
of those voluntary consensus standards (i.e., technical specifications
for products or processes developed by standard-setting bodies) were
updated, superseded, and/or withdrawn through the normal course of
business by these bodies to take into account new information,
technology, and methodologies.
3. 2019 Technical Issues Amendment
    On August 21, 2019, EPA further amended 40 CFR part 770 (Ref. 4)
(2019 final rule) to address certain technical issues. The 2019 final
rule:
     Further aligned testing requirements with the CARB ATCM;
     Clarified provisions addressing non-complying lots and how
those provisions apply to fabricators, importers, retailers, and
distributors who are notified by panel producers that composite wood
products they were supplied are found to be non-compliant after those
composite wood products have been further fabricated into component
parts or finished goods;
     Clarified that regulated composite wood products and
finished goods containing composite wood products must be labeled at
the point of manufacture or fabrication, and if imported, the label
must be applied to the products as a condition of importation;
     Addressed TSCA Title VI ``manufactured-by'' date issues;
and
     Updated two voluntary consensus standards that were
incorporated by reference in 40 CFR 770.99.

B. Final Rule Amendments

1. Voluntary Consensus Standards IBR Update
a. IBR Update
    EPA is taking final action to update the IBR of certain voluntary
consensus standards in 40 CFR 770.99 to reflect the most recent
editions of the following standards assembled by the American National
Standards Institute (ANSI), ASTM International (ASTM), the British
Standards Institute (BSI), the International Organization for
Standardization (ISO), the Japanese International Standards (JIS), and
the National Institute of Standards and Technology (NIST):
i. American National Standard for Hardwood and Decorative Plywood
(ANSI/HPVA HP-1-2020)
    This standard was developed by the Hardwood Plywood and Veneer
Association (HPVA) and approved through ANSI. The ANSI/HPVA standard
details the specific requirements for all face, back, and inner ply
grades of hardwood plywood as well as formaldehyde emission limits,
moisture content, tolerances, sanding, and grade marking. ANSI/HPVA
last updated this standard on August 17, 2020 (Ref. 5). EPA is taking
final action to update the version of the standard incorporated by
reference in 40 CFR 770.99 from ANSI-HPVA HP-1-2016 to ANSI-HPVA HP-1-
2020.
ii. Standard Specification for Establishing and Monitoring Structural
Capacities of Prefabricated Wood I-Joists (ASTM D5055-19e1)
    This standard was issued by ASTM and identifies procedures for
establishing, monitoring, and reevaluating structural capacities of
prefabricated wood I-joists, such as shear, moment, and stiffness. The
specification also provides procedures for establishing common details
and itemizes certain design considerations specific to wood I-joists.
The ASTM standard was last updated on March 1, 2019 with an editorial
revision in January 2020 (Ref. 6). EPA is taking final action to update
the version of the standard incorporated by reference in 40 CFR 770.99
from ASTM D5055-16 to ASTM D5055-19e1.
iii. Standard Specification for Evaluation of Structural Composite
Lumber Products (ASTM D5456-21e1)
    This standard was issued by ASTM and describes initial
qualification sampling, mechanical and physical tests, analysis, and
design value assignments. The standard includes requirements for a
quality-control program and cumulative evaluations to ensure
maintenance of allowable design values for the product. The ASTM
standard was last updated on February 1, 2021 with an editorial
revision in June 2021 (Ref. 7). EPA is taking final action to update
the version of the standard incorporated by reference in 40 CFR 770.99
from ASTM D5456-14b to ASTM D5456-21e1.
iv. Wood-Based Panels--Determination of Formaldehyde Release--Part 3:
Gas Analysis Method (BS EN ISO 12460-3:2020)
    This standard was approved through ISO, the European Committee for
Standardization (CEN), and BSI and describes a procedure for
determination of accelerated formaldehyde release from wood-based
panels. The standard was last updated on October 31, 2020 (Ref. 8). EPA
is taking final action to

update the version of the standard incorporated by reference in 40 CFR
770.99 from BS EN ISO 12460-3:2015(E) to BS EN ISO 12460-3:2020. EPA is
replacing the source for BS EN ISO 12460-3:2020 from the European
Committee for Standardization (CEN) to the British Standards
Institution (BSI). EPA will also replace the source for BS EN ISO
12460-5:2015 E from CEN to BSI in 40 CFR 770.99, although there are no
updates to the standard itself and the previous IBR approval for the
section in which this standard appears (i.e., 40 CFR 770.20(b)) will
remain unchanged.
v. Wood-Based Panels--Determination of Formaldehyde Release--Part 3:
Gas Analysis Method (ISO 12460-3:2020(E))
    This standard was approved through ISO and describes a procedure
for determination of accelerated formaldehyde release from wood-based
panels. The standard was last updated in October 2020 (Ref. 9). EPA is
taking final action to include this new standard to incorporate by
reference in 40 CFR 770.99 since ISO 12460-3:2020(E) is identical to BS
EN ISO 12460-3:2020. To avoid potential confusion by regulated
stakeholders, EPA is taking final action to include this ISO standard
as well as the BS EN ISO 12460-3:2020 so that each manufacturer may
choose which standard to use in each respective country.
vi. Particleboard (ANSI A208.1-2022)
    This standard was approved through the American National Standards
Institute (ANSI) and describes the requirements and test methods for
dimensional tolerances, physical and mechanical properties and
formaldehyde emissions for particleboard, along with methods of
identifying products conforming to the standard. The ANSI standard was
last updated in June 2022 (Ref. 10). EPA is taking final action to
update the version of the standard incorporated by reference in 40 CFR
770.99 from ANSI A208.1-2016 to ANSI A208.1-2022.
vii. Medium Density Fiberboard (MDF) for Interior Applications (ANSI
A208.2-2022)
    This standard was approved through the American National Standards
Institute (ANSI) and describes the requirements and test methods for
dimensional tolerances, physical and mechanical properties and
formaldehyde emissions for MDF, along with methods of identifying
products conforming to the standard. The ANSI standard was last updated
in April 2022 (Ref. 11). EPA is taking final action to update the
version of the standard incorporated by reference in 40 CFR 770.99 from
ANSI A208.2-2016 to ANSI A208.2-2022.
viii. Determination of the Emission of Formaldehyde From Building
Boards--Desiccator Method (JIS A 1460:2021(E))
    This standard was approved through the Japanese Industrial
Standards and describes a method for testing formaldehyde emissions
from construction boards by measuring the concentration of formaldehyde
absorbed in distilled or deionized water from samples of a specified
surface area placed in a glass desiccator for 24 hours. The JIS
standard was last updated in February 2021 and translated into English
in November 2021 (Ref. 12). EPA is taking final action to update the
version of the standard incorporated by reference in 40 CFR 770.99 from
JIS A 1460:2015(E) to JIS A 1460:2021(E).
ix. Structural Plywood (PS-1-19)
    This standard was issued by NIST and describes the principal types
and grades of structural plywood, covering the wood species, veneer
grading, adhesive bonds, panel construction and workmanship, dimensions
and tolerances, marking, moisture content and packaging of structural
plywood intended for construction and industrial uses. Test methods to
determine compliance and a glossary of trade terms and definitions are
included, as is a quality certification program involving inspection,
sampling, and testing of products identified as complying with this
standard by qualified testing agencies. The NIST standard was last
updated on December 1, 2019 (Ref. 13). EPA is taking final action to
update the version of the standard incorporated by reference in 40 CFR
770.99 from PS-1-09 to PS-1-19.
x. Performance Standard for Wood Structural Panels (PS-2-18)
    This standard was issued by NIST and covers performance
requirements, adhesive bond performance, panel construction and
workmanship, dimensions and tolerances, marking, and moisture content
of structural-use panels, such as plywood, waferboard, oriented strand
board, structural particle board, and composite panels. The standard
includes test methods, a glossary of trade terms and definitions, and a
quality certification program involving inspection, sampling, and
testing of products for qualification under the standard. The NIST
standard was last updated in March 2019 (Ref. 14). EPA is taking final
action to update the version of the standard incorporated by reference
in 40 CFR 770.99 from PS-2-10 to PS-2-18.
    EPA will initiate additional notice-and-comment rulemaking when
necessary to reflect any future changes to voluntary consensus
standards incorporated by reference in 40 CFR 770.99.
b. Availability
    Copies of the standards identified in this section II.B.1.b of
SUPPLEMENTARY INFORMATION have been placed in the rulemaking docket for
this action. Additionally, each of these standards is available for
inspection at the OPPT Docket in the EPA Docket Center (EPA/DC) at Rm.
3334, EPA, West Bldg., 1301 Constitution Ave. NW, Washington, DC. The
EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number of the EPA/DC Public Reading room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. If you have a
disability and the format of any material on an EPA web page interferes
with your ability to access the information, please contact EPA's
Rehabilitation Act Section 508 (29 U.S.C. 794d) Program at https://www.epa.gov/accessibility/forms/contact-us-about-section-508-accessibility or via email at [email protected]. To enable us to
respond in a manner most helpful to you, please indicate the nature of
the accessibility issue, the web address of the requested material,
your preferred format in which you want to receive the material
(electronic format (ASCII, etc.), standard print, large print, etc.),
and your contact information.
i. ANSI/HPVA HP-1-2020
    Copies of this standard may be obtained from the Decorative
Hardwoods Association (formerly known as Hardwood Plywood and Veneer
Association (HPVA)), 42777 Trade West Dr., Sterling, VA 20166, or by
calling<PHONE_NUMBER>, or at https://www.decorativehardwoods.org.
Relevant sections of HPVA standards referenced in this rule are also
available for public review in read-only format in the Decorative
Hardwood Association Reading Room at https://www.decorativehardwoods.org/sites/default/files/2022-01/ansi-hpva-hp-1-2020.pdf.
ii. ASTM D5055-19e1 and ASTM D5456-21e1
    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 https://www.astm.org. ASTM standards
referenced in this rule are also available for public review in read-
only format in the ASTM Reading Room at https://www.astm.org/epa.htm.
iii. BS EN ISO 12460-3:2020
    Copies of these materials may be obtained from BSI, 12950 Worldgate
Dr., Suite 800, Herndon, VA 20170, or by calling<PHONE_NUMBER>, or at
https://www.bsigroup.com. This British Standard Institute standard is
an adoption of EN ISO 12460-3:2020.
iv. ISO 12460-3:2020(E)
    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
https://www.iso.org. ISO standards referenced in this rule are also
available for public review in read-only format on the ANSI Standards
Incorporated by Reference Portal at https://ibr.ansi.org/.
v. ANSI A208.1-2022 and ANSI A208.2-2022
    Copies of these materials may be obtained from the Composite Panel
Association. 19465 Deerfield Avenue, Suite 306, Leesburg, VA 20176, or
by calling<PHONE_NUMBER>, or at https://www.compositepanel.org.
vi. JIS A 1460:2021(E)
    Copies of these materials may be obtained from the Japanese
Industrial Standards, 1-24, Akasaka 4, Minatoku, Tokyo 107-8440, Japan,
or by calling +81-3-3583-8000, or at https://www.jsa.or.jp/en/.
vii. PS 1-19 and PS 2-18
    Electronic copies of these materials may be obtained from NIST at
no cost at: https://www.nist.gov. You may purchase printed copies of
these materials from NIST by calling<PHONE_NUMBER>. You must have an
order number to purchase a NIST publication. 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. In addition, you may also purchase printed
copies of NIST publications from the U.S. Government Publishing Office
(GPO) if you have a GPO stock number. GPO orders may be mailed to: U.S.
Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-
9000, placed by telephone at<PHONE_NUMBER> (DC Area only: (202) 512-
1800), or faxed to<PHONE_NUMBER>.
2. Technical Correction(s)
a. Conform Voluntary Consensus Standards in Scope and Definitions
    As a result of the finalized list of updated standards in section
II.B.1. of SUPPLEMENTARY INFORMATION, EPA is updating 40 CFR 770.1 and
770.3 to reflect the current standards that are incorporated by
reference in 40 CFR 770.99.
b. Submission of Petitions Seeking the Initiation of a Rulemaking for
Additional Exemptions for Laminated Products From the Definition of the
Term ``Hardwood Plywood''
    The final rule will update the address to which petitions and
supporting materials, including any supporting materials that may
contain confidential business information (CBI) or other controlled
unclassified information, should be submitted.
c. Timing of Panel Testing After Production
    EPA is finalizing a clarification under 40 CFR 770.20. Under 40 CFR
770.20(a)(1), EPA will clarify the time period in which panels must be
tested after their production. Based on feedback from CARB and
industry, the clarifying language states that all panels must be tested
prior to the application of a topcoat or finish and that conditioning
for testing must begin not later than 30 calendar days after the panels
were produced. This clarification was needed based on confusion between
regulated entities as to when the 30-day window began. This language
fully aligns with 40 CFR 770.20(c)(3) as well as CARB section 93120.12
Appendix 3(d)(1) under the ATCM rule.
d. Equivalency Determinations
    Under 40 CFR 770.20(d)(1)(iii), equivalence determination
corrections are included to address previous omissions. During the last
voluntary consensus update in 2018 which revised the formaldehyde
standards for composite wood products regulations, the acceptable
intermediate and upper determinations were not included. Under Sec.
770.20(d)(1)(iii), the ASTM D6007-14 method (incorporated by reference,
see 40 CFR 770.99) is considered equivalent to the ASTM E1333-14 method
(incorporated by reference, see 40 CFR 770.99) if the following
condition is met: [verbar]X[verbar]+0.88S<=C. While a lower value of
0.026 was included, the intermediate and upper values were
inadvertently omitted. This final rule includes an intermediate value
of 0.038 and an upper value of 0.052. These changes correct an omission
and fully align with CARB requirements under section
93120.9(a)(2)(B)(5) of the ATCM rule.
e. Clarify Language for NAF and ULEF Based Exemptions
    Under 40 CFR 770.17(c)(2) and 770.18(d)(2), EPA is clarifying data
requirements for emission standards submitted by TPCs. Under these
sections, EPA is taking final action to add language that clarifies the
requirements for testing data for no-added formaldehyde-based resins
(NAF) and ultra-low-emitting formaldehyde resins (ULEF). The
clarification states that for NAF based exemptions 90 percent of the
three months of routine quality control testing data and the results of
the one primary or secondary method test must be shown to be no higher
than 0.04 ppm. For ULEF based exemptions, the clarification states that
90 percent of six months of routine quality control testing data and
the results of two quarterly primary or secondary method tests must be
shown to be no higher than a ULEF-target value of 0.04 ppm. This
language will fully align with CARB quality control data under ATCM
(Ref. 3) to create better consistency.
3. Remote Inspections
    During the COVID-19 global pandemic, some TPCs have been unable to
travel to a composite wood product manufacturing panel producing
facility to conduct on-site inspections and sample collections in-
person. In response, EPA provided its regulatory interpretation that
TPCs and panel producers can conduct these activities remotely (see
https://www.epa.gov/coronavirus/event-unsafe-conditions-geographic-area-would-prevent-third-party-certifier-tpc for additional
information). These remote inspections are designed to allow inspectors
flexibility to comply with TSCA Title VI regulations and regional
emergency declarations, without jeopardizing the inspector's health and
wellbeing. The standard practice for a TPC providing certification
services for composite wood panel producers remains that a TPC conducts
in-person on-site inspections, which should resume as soon as possible
when the unsafe conditions end.
    EPA is taking final action to amend 40 CFR 770.7 and 770.15(c) by
adding an alternative to in-person, on-site inspections and sample
collection for quarterly testing that will clarify that TPCs may
perform these activities remotely via video teleconference when it is
otherwise temporarily impossible to do so on-site and in person because
of

unsafe conditions caused by natural disasters, health crises, or
political unrest. In addition to carrying out initial and quarterly
inspections remotely via video teleconference, the final rule will
allow TPCs to work with the panel producer's quality control manager at
the time of the remote inspection to select, package, sign, and ship
the TPC panels/samples for the quarterly test according to 40 CFR
770.20(c). Under the final rule, when submitting the annual report
required under 40 CFR 770.7(c)(4)(viii)(A), TPCs will also be required
to identify each occurrence of an inspection that was performed
remotely during each quarter and certify that a government entity
identified the existence of unsafe conditions such as the on-going
COVID-19 pandemic or other unsafe conditions such as natural disasters,
outbreaks, political unrest, and epidemics at the time of each remote
inspection.
4. Third Party Certification Process
    Under 40 CFR 770.7(a)(5)(i)(A), (c)(1)(iii), (c)(2)(v), and
(c)(4)(i)(F), EPA is adding a reference to section 6.2.2 of ISO/IEC
17065:2012(E). The addition of section 6.2.2 of ISO/IEC 17065:2012(E)
will allow TPCs to utilize external evaluation resources, such as
contracting out inspections to a third party, in order to complete the
certification process. The requirements for the certification process
under section 6.2.2 are the same as under section 6.2.1 of ISO/IEC
17065:2012(E) which involves an internal certification process
conducted by the TPC. Adding section 6.2.2 will give TPCs flexibility
to choose to contract out inspections to a third party to satisfy the
requirements in 40 CFR 770.7 to conduct inspections of composite wood
products.

C. Rationale for Rule Changes

1. Voluntary Consensus Standards Update
    EPA is taking final action to update the incorporation by reference
of certain voluntary consensus standards in 40 CFR 770.99 that have
been updated, superseded, or withdrawn by the issuing organizations.
These new standards are needed to reflect the most recent editions of
those standards issued by the relevant standards organizations.
2. Technical Correction(s) for Regulatory Consistency
a. Submission of Petitions Seeking the Initiation of a Rulemaking for
Additional Exemptions for Laminated Products From the Definition of the
Term ``Hardwood Plywood''
    This final amendment is intended to update the address and protect
any CBI materials which may be submitted.
b. Timing of Panel Testing After Production
    This final amendment is intended to reduce confusion between
regulated entities as to when the 30-day window is to begin. The
finalized changes reflect conversations between CARB and EPA, and fully
aligns with 40 CFR 770.20(c)(3) as well as CARB section 93120.12
Appendix 3(d)(1) under the ATCM rule.
c. Equivalency Determinations
    This final amendment is intended to address a previous omission
during the last rulemaking which occurred in 2018. These changes
correct an omission and fully align with CARB requirements under
section 93120.9(a)(2)(B)(5) of the ATCM rule.
d. Emission Standards
    This final amendment is intended to address industry confusion
about the exact timing and nature of the emission standards under 40
CFR 770.17(c)(2) and 770.18(d)(2) for NAF and ULEF based exemptions.
The final amendment includes additional language that clarifies the
requirements for such an exemption and fully aligns with CARB quality
control data under the ATCM.
3. Remote Inspections
    This final amendment is intended to codify an Agency regulatory
interpretation which was provided during the start of the COVID-19
global pandemic in early 2020 in order for inspectors to fulfill their
obligations under TSCA Title VI regulations, while also remaining safe
from infection (see https://www.epa.gov/coronavirus/event-unsafe-conditions-geographic-area-would-prevent-third-party-certifier-tpc for
additional information).
4. Third-Party Certification Process
    This final amendment is intended to increase flexibility for TPCs
seeking to utilize external evaluation resources, such as contracting
out inspections to a third party in order to complete the certification
process. Because the requirements for the certification process under
section 6.2.2 are the same as section 6.2.1 under ISO/IEC
17065:2012(E), which involves an internal certification process
conducted by the TPC, EPA believes that such a change should be made.

III. Summary of Public Comments

    EPA received numerous comments from six different public commenters
in total during the initial 30-day public comment period for the
proposed rule (87 FR 17963) and carefully considered each submission.
One commenter (EPA-HQ-OPPT-2017-0245-0035) did not raise a substantive
issue relevant to the proposed rule. One commenter (EPA-HQ-OPPT-2017-
0245-0039) stated that formaldehyde is a known, proven, and powerful
carcinogen and it should be excluded from use in household products.
EPA agrees that many common consumer products have the potential to
emit formaldehyde and that formaldehyde can cause a variety of adverse
health impacts. EPA further notes that Congress directed EPA, through
TSCA Title VI, to develop regulations to ensure compliance with the
emission standards for hardwood plywood, medium density fiberboard, and
particleboard that Congress defined in statute. In the Formaldehyde
Standards for Composite Wood Products Act, Congress established
formaldehyde emission standards for composite wood products, but did
not task EPA with eliminating the use of formaldehyde in household
products altogether. Additionally, Congress by statute directly
exempted certain windows, exterior doors, garage doors, and other
materials that contain composite wood products that adhere to specified
conditions, from meeting the formaldehyde emissions standards. As such,
EPA published the December 12, 2016, Formaldehyde Emission Standards
for Composite Wood Products final rule (81 FR 89674) finalizing the
regulatory program to implement TSCA Title VI and regulate formaldehyde
emissions from composite wood products.
    EPA further notes that formaldehyde is separately undergoing risk
evaluation under Title I of TSCA. In December 2019, EPA designated
formaldehyde as a high-priority chemical substance to undergo risk
evaluation. In August 2020, EPA published a final scope document
outlining the hazards, exposures, conditions of use (including
household products), and the potentially exposed or susceptible
subpopulations the agency expects to consider in its risk evaluation
currently underway. The Agency released the draft scope in April 2020
and took public comments that were incorporated into the August 2020
final scope. As

EPA continues to move through the risk evaluation process there will be
additional opportunities for public comment, including a public comment
period on the draft risk evaluation. Once the risk evaluation for
formaldehyde is finalized, EPA will proceed to risk management to
address any unreasonable risk identified in the risk evaluation.
    The remaining four comments were directly relevant to the proposed
rule. Three commenters (EPA-HQ-OPPT-2017-0245-0037; EPA-HQ-OPPT-2017-
0245-0038; EPA-HQ-OPPT-2017-0245-0040) supported the proposed updates
to the standards, the inclusion of the remote inspection language as a
new amendment, and the technical updates to conform to CARB standards.
    Three commenters (EPA-HQ-OPPT-2017-0245-0037; EPA-HQ-OPPT-2017-
0245-0038; EPA-HQ-OPPT-2017-0245-0040) stated that the proposed
revision to 40 CFR 770.20(a)(1) continued to be confusing as to the
timing of the panels for testing. Based on the comments received, EPA
has further revised the language in 40 CFR 770.20(a)(1).
    One commenter (EPA-HQ-OPPT-2017-0245-0038) recommended the
inclusion of an additional standard in 40 CFR 770.20(b)(1). The
commenter proposed amending 40 CFR 770.20(b)(1) to include ISO 12460-
2:2018 Wood-based panels--Determination of formaldehyde release--Part
2: Small-scale chamber method. While this standard is similar to and
based on ASTM D6007-14 (see 40 CFR 770.99(b)(4)), EPA will not
incorporate ISO 12460-2:2018 at this time. One of the primary goals of
this final rule is to further harmonize EPA and CARB formaldehyde
emission standards in order to create an effective and efficient
program. Since CARB has not included this particular standard in their
regulations, any inclusion by EPA without similar action by CARB would
create an inconsistent program. CARB requirements under 93120.12
Appendix 2 of the ATCM rule states that additional, alternative small-
scale tests must first be reviewed to show correlation to the primary
or secondary test methods and approved by CARB's Executive Officer. EPA
is not opposed to including this standard in a future rulemaking and
will work with the commentor to provide the necessary correlation data
to CARB if necessary for any potential review.
    One commenter (EPA-HQ-OPPT-2017-0245-0038) recommended the
inclusion of two additional updates to standards already incorporated
by reference in 40 CFR 770.99. The commenter recommended that EPA
update ANSI A208.1-2016, Particleboard (Sec.  770.99(d)(5)) to ANSI
A208.1-2022, Particleboard and ANSI A208.2-2016, Medium Density
Fiberboard (MDF) for Interior Applications (Sec.  770.99(d)(6)) to ANSI
A208.2-2022, Medium Density Fiberboard (MDF) for Interior Applications.
Because neither of these standards was available as updated during the
30-day public comment period which began in March 2022, EPA published a
supplemental proposed rule on September 20, 2022, to propose including
updates to ANSI A208.1-2022 and ANSI A208.2-2022 in this final rule.
    One commenter (EPA-HQ-OPPT-2017-0245-0036) stated that there is
confusion regarding if softwood plywood, such as pine veneers for
surface and veneer cores, are covered under the Formaldehyde Standards
for Composite Wood Products Rule. EPA's TSCA Title VI regulation
defines hardwood plywood at 40 CFR 770.3 as, in part, a hardwood or
decorative panel that is intended for interior use and composed of (as
determined under ANSI/HPVA HP-1-2020 (IBR approved for 40 CFR 770.3))
an assembly of layers or plies of veneer, joined by an adhesive with a
lumber core, a particleboard core, a medium-density fiberboard core, a
hardboard core, a veneer core, or any other special core or special
back material. Under ANSI/HPVA HP-1-2020, the standard states that the
species for the face, back, and inner plies can be from any hardwood,
softwood, or woody grass. ANSI/HPVA HP-1-2020 lists various softwood
species for decorative uses, but other softwood species not listed may
be utilized if such species otherwise fit the criteria for the
standard. Therefore, softwood would be covered under the regulation for
composite wood products when used for face, back, or inner plies under
ANSI/HPVA HP-1-2020.
    EPA also recognizes that softwood may be used in ways that fall
outside of this coverage. Notably, EPA's definition of hardwood plywood
at 40 CFR 770.3 (as well as ANSI/HPVA HP-1-2020 itself) excludes, among
other things, plywood specified in PS 1-19 (IBR approved for 40 CFR
770.1(c) and 770.3). PS 1-19 recognizes that softwood may be used under
its terms in the production of structural plywood.
    Finally, one commenter (EPA-HQ-OPPT-2017-0245-0036) stated that it
can be difficult to distinguish between approved ULEF or NAF TSCA Title
VI products and unqualified high emission boards for markets outside of
the United States especially for long supply chains across multiple
countries and continents. EPA's labeling requirements under TSCA Title
VI appear at 40 CFR 770.45 and explain how panels or products for the
United States' market must be labeled. EPA notes that the regulation
also allows panels or products made with NAF- or ULEF-based resins (in
accordance with 40 CFR 770.17 or 770.18) to be labeled accordingly. See
40 CFR 770.45(a)(2) and (3) and (c)(3). Entities at various stages of
the supply chain may wish to consider contractual arrangements that
facilitate such entities' choices about NAF or ULEF labeling.
    On September 20, 2022, EPA published a supplemental notice of
proposed rulemaking (87 FR 57432) to include two standards that were
updated during or after the initial 30-day public comment period for
the proposed rule (87 FR 17963). One comment (EPA-HQ-OPPT-2017-0245-
0038) on the initial proposal supported including those standards in
the final rule. EPA received two timely comments on the supplemental
proposal. One commentor (EPA-HQ-OPPT-2017-0245-0044) did not raise a
substantive issue relevant to the supplemental proposed rule. One
commentor (EPA-HQ-OPPT-2017-0245-0045), who initially requested the
addition of the updates to ANSI A208.1-2022 and ANSI A208.2-2022, was
supportive of the proposal to incorporate by reference updates to these
two standards.
    EPA thanks all the submitters for their comments related to this
final rule.

IV. References

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

1. California Environmental Protection Agency Air Resources Board.
Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from
Composite Wood Products. Final Regulation Order. April 2008.
2. EPA. Formaldehyde Emission Standards for Composite Wood Products.
Final Rule. Federal Register. 81 FR 89674, December 12, 2016 (FRL-
9949-90).
3. EPA. Voluntary Consensus Standards Update; Formaldehyde Emission
Standards for Composite Wood Products.

Final Rule. Federal Register. 83 FR 5340, February 7, 2018 (FRL-
9972-68).
4. EPA. Technical Issues; Formaldehyde Emission Standards for
Composite Wood Products. Final Rule. Federal Register. 84 FR 43517,
August 21, 2019 (FRL-9994-47).
5. American National Standards Institute (ANSI)/Hardwood Plywood and
Veneer Association (HPVA). American National Standard for Hardwood
and Decorative Plywood, ANSI/HPVA HP-1-2020.
6. ASTM International (ASTM). ASTM D5055-19e1, Establishing and
Monitoring Structural Capacities of Prefabricated Wood I-Joists.
7. ASTM. ASTM D5456-21e1, Evaluation of Structural Composite Lumber
Products.
8. British Standards Institute (BSI). BS EN ISO 12460-3:2020, Wood-
based Panels--Determination of Formaldehyde Release--Part 3: Gas
Analysis Method.
9. International Organization for Standardization (ISO). ISO 12460-
3:2020(E), Wood-based Panels--Determination of Formaldehyde
Release--Part 3: Gas Analysis Method.
10. American National Standards Institute (ANSI). ANSI A208.1-2022,
Particleboard.
11. ANSI. ANSI A208.2-2022, Medium Density Fiberboard (MDF) for
Interior Applications.
12. Japanese Industrial Standards (JIS). JIS A 1460:2021(E),
Determination of the Emission of Formaldehyde from Building Boards--
Desiccator Method.
13. National Institute of Standards and Technology (NIST). PS 1-19,
Structural Plywood.
14. NIST. PS 2-18, Performance Standard for Wood Structural Panels.

V. Statutory and Executive Order Reviews

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

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

    This action is not a significant regulatory action under Executive
Order 12866 (58 FR 51735, October 4, 1993) and was therefore not
submitted to the Office of Management and Budget (OMB) for review under
Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA, 44 U.S.C. 3501 et seq. Burden is defined in 5 CFR
1320.3(b). This action does not create any new reporting or
recordkeeping obligations. OMB previously approved the information
collection activities contained in the existing regulations and
assigned OMB control number 2070-0185 (EPA ICR No. 2446.03).

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, EPA concludes that the
impact of concern is any significant adverse economic impact on small
entities, and the Agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
because the final rule will update incorporation by reference of
voluntary consensus standards in 40 CFR part 770 by adopting the most
current versions of those standards. The updated versions of the
standards are substantially similar to the previous versions. EPA
expects that many small entities are already complying with the updated
versions of the finalized standards listed in Unit II.B. This action
will relieve these entities of the burden of having to also demonstrate
compliance with outdated versions of these standards. This action also
provides an amendment to the equivalence and correlation requirements
at 40 CFR 770.20 that will reduce testing burdens without compromising
the integrity of the data collected by panel producers and third-party
certifiers to demonstrate compliance with the emission standards in the
final rule. This action will reduce burden and allow greater
flexibility for inspections of composite wood product producing mills.
Additionally, this action provides clarifying language under 40 CFR
770.17 and 770.18 that will conform to current CARB language therefore
easing the burden for regulated stakeholders in interpreting
formaldehyde regulations. Finally, this action provides an amendment
under ISO/IEC 17065:2012(E), section 6.2.2 which allows TPCs greater
flexibility in conducting inspections in order to satisfy the
requirements in 40 CFR 770.7. EPA believes this added flexibility will
reduce burdens for TPCs during the inspection of composite wood
products. These actions will relieve or have no net regulatory burden
for directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments. As
discussed in Unit V.C., the final rule will relieve or otherwise will
impose no net regulatory burdens on the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal Government and the Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes. Thus, E.O. 13175 does not apply to this
action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997),
as applying only to those regulatory actions that concern environmental
health or safety risks that the Agency has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive order. This
action is not subject to Executive Order 13045 because it does not
concern an environmental health risk or safety risk.

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

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy and has not otherwise been designated by the
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action.

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

    This action involves voluntary standards under NTTAA section 12(d),
15 U.S.C. 272 note. EPA is adopting the use of ANSI-HPVA HP-1-2020,
ANSI

A208.1-2022, ANSI A208.2-2022, ASTM D5055-19e1, ASTM D5456-21e1, BS EN
ISO 12460-3:2020, ISO 12460-3:2020(E), JIS A 1460:2021(E), NIST PS 1-
19, and NIST PS-2-18. Additional information about these standards,
including how to access them, is provided in section II.B.1. of
SUPPLEMENTARY INFORMATION.
    The following standard were previously approved for the sections in
which they appear in the amendatory text, and the approval continues
unchanged: ISO/IEC 17065:2012(E), ISO/IEC 17020:2012(E), ASTM D6007-14,
and ASTM E1333-14.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs
Federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
    The EPA believes that the human health and environmental conditions
that exist prior to this action do not result in disproportionate and
adverse effects on people of color, low-income populations, and/or
Indigenous peoples. As addressed in Unit II.A., this action will not
materially alter the final rule as published and will update existing
voluntary consensus standards incorporated by reference in the final
rule and proposes other technical amendments.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 770

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

    Dated: February 14, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

    Therefore, for the reasons set forth in the preamble, 40 CFR part
770 is amended as follows:

PART 770--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS

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

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

0
2. In Sec.  770.1, revise paragraphs (c)(3) through (5) and (8) to read
as follows:

Sec.  770.1   Scope and applicability.

* * * * *
    (c) * * *
    (3) Structural plywood, as specified in PS 1-19 (incorporated by
reference, see Sec.  770.99).
    (4) Structural panels, as specified in PS 2-18 (incorporated by
reference, see Sec.  770.99).
    (5) Structural composite lumber, as specified in ASTM D5456-21e1
(incorporated by reference, see Sec.  770.99).
* * * * *
    (8) Prefabricated wood I-joists, as specified in ASTM D5055-19e1
(incorporated by reference, see Sec.  770.99).
* * * * *

0
3. In Sec.  770.3, revise the definitions for ``Hardwood plywood'',
``Medium-density fiberboard'', and ``Particleboard'' to read as
follows:

Sec.  770.3  Definitions.

* * * * *
    Hardwood plywood means a hardwood or decorative panel that is
intended for interior use and composed of (as determined under ANSI/
HPVA HP-1-2020 (incorporated by reference, see Sec.  770.99)) an
assembly of layers or plies of veneer, joined by an adhesive with a
lumber core, a particleboard core, a medium-density fiberboard core, a
hardboard core, a veneer core, or any other special core or special
back material. Hardwood plywood does not include military-specified
plywood, curved plywood, or any plywood specified in PS 1-19
(incorporated by reference, see Sec.  770.99), or PS 2-18 (incorporated
by reference, see Sec.  770.99). In addition, hardwood plywood includes
laminated products except as provided at Sec.  770.4.
* * * * *
    Medium-density fiberboard means a panel composed of cellulosic
fibers made by dry forming and pressing a resinated fiber mat (as
determined under ANSI A208.2-2022 (incorporated by reference, see Sec.
770.99)).
* * * * *
    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
A208.1-2022 (incorporated by reference, see Sec.  770.99)).
Particleboard does not include any product specified in PS 2-18
(incorporated by reference, see Sec.  770.99).
* * * * *

0
4. In Sec.  770.4 revise paragraph (b)(2) to read as follows:

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

* * * * *
    (b) * * *
    (2) Each petition should provide all available and relevant
information, including studies conducted and formaldehyde emissions
data. Submit petitions to: TSCA Confidential Business Information
Center (7407M), WJC East; Room 6428; Attn: TSCA Title VI Program, U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460-0001.
* * * * *

0
5. In Sec.  770.7:
0
a. Revise paragraph (a)(5)(i)(A) introductory text, (c)(1)(iii),
(c)(2)(v), and (c)(4)(i)(F);
0
b. Add paragraph (c)(4)(i)(G); and
0
c. Revise paragraph (c)(4)(viii)(A) introductory text and paragraph
(c)(4)(viii)(A)(3).
    The revisions and addition read as follows:

Sec.  770.7  Third-party certification.

    (a) * * *
    (5) * * *
    (i) * * *
    (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 17020:2012(E) as required
under ISO/IEC 17065:2012(E) section 6.2.1 and section 6.2.2
(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:
* * * * *
    (c) * * *
    (1) * * *
    (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 17020:2012(E) as required under
ISO/IEC 17065:2012(E) section 6.2.1 and section 6.2.2 (incorporated by
reference, see Sec.  770.99);
* * * * *
    (2) * * *
    (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
17020:2012(E) as required under ISO/IEC 17065:2012(E) section 6.2.1 and
section 6.2.2 (incorporated by reference, see Sec.  770.99);
* * * * *
    (4) * * *
    (i) * * *
    (F) Inspect each panel producer, its products, and its records at
least quarterly in conformance with ISO/IEC 17020:2012(E) as required
under ISO/IEC 17065:2012(E) section 6.2.1 and section 6.2.2
(incorporated by reference, see Sec.  770.99).
    (G) In the event a government entity has identified the existence
of unsafe conditions (e.g., natural disasters, outbreaks, political
unrest, epidemics, and pandemics) in the area of a composite wood
product manufacturing panel producer that would prevent the required
quarterly inspections from being conducted in-person on-site, a TPC may
opt to perform a remote quarterly inspection in lieu of the in-person
on-site inspection. Such a remote inspection may occur only during the
period of the unsafe conditions. For such a remote inspection during
the period of the unsafe conditions, the TPC must conduct a remote
quarterly inspection via live remote technology (e.g., video/
teleconference) operating as directed by the TPC to satisfy the
requirements of paragraph (c)(4)(i)(F) of this section, and work with
the panel producer quality control manager at that time to select,
package, sign, and ship the TPC panels/samples for the quarterly test
according to Sec.  770.20(c). TPCs and panel producers must remain in
close communication with each other to ensure any changes or
developments that might affect the panel producer or product type
certification are managed according to the TSCA Title VI regulations in
this part. The standard practice for a TPC providing certification
services for composite wood panel producers remains that a TPC conducts
in-person quarterly inspections and sample collection, packaging,
signature, and shipping for quality control testing.
* * * * *
    (viii) * * *
    (A) The following information for each panel producer making
composite wood products certified by the EPA TSCA Title VI TPC:
* * * * *
    (3) Dates of quarterly inspections; for any inspection(s) conducted
remotely in accordance with paragraph (c)(4)(i)(G) of this section, the
TPC must certify that a government entity identified the existence of
unsafe conditions at the time of the inspection(s);
* * * * *

0
6. In Sec.  770.15, revise paragraph (c)(1)(viii) to read as follows:

Sec.  770.15  Composite wood product certification.

* * * * *
    (c) * * *
    (1) * * *
    (viii) Results of an initial, on-site inspection by the TPC of the
panel producer. In the event a government entity has identified the
existence of unsafe conditions as outlined in Sec.  770.7(c)(4)(i)(G)
and in order to conduct the required initial, on-site inspection
associated with new certification activities, the TPC may conduct a
virtual inspection via on-site video/teleconference technology
(operating as directed by the TPC) and that aligns with the standard
operating procedure the TPC would normally employ during an in-person
inspection to satisfy the requirements of this paragraph (c)(1)(viii).
* * * * *

0
7. In Sec.  770.17, revise paragraph (c)(2) to read as follows:

Sec.  770.17   No-added formaldehyde-based resins.

* * * * *
    (c) * * *
    (2) Ninety percent of the three months of routine quality control
testing data and the results of the one primary or secondary method
test (required under paragraphs (a)(3) and (4) of this section) must be
shown to be no higher than 0.04 ppm.
* * * * *

0
8. In Sec.  770.18, revise paragraph (d)(2) to read as follows:

Sec.  770.18   Ultra low-emitting formaldehyde resins.

* * * * *
    (d) * * *
    (2) Ninety percent of six months of routine quality control testing
data and the results of two quarterly primary or secondary method tests
(required under paragraphs (a)(3) and (4) of this section) must be
shown to be no higher than an ultra-low-emitting formaldehyde resins
(ULEF)-target value of 0.04 ppm.
* * * * *

0
9. In Sec.  770.20, revise paragraphs (a)(1), (b)(1)(iii) and (vii),
and (d)(1)(iii) to read as follows:

Sec.  770.20  Testing requirements.

    (a) * * *
    (1) All panels must be tested prior to the application of a
finishing or topcoat. Conditioning of panels for testing must start as
soon as possible after panel production, but no later than 30 calendar
days after the panels were produced.
* * * * *
    (b) * * *
    (1) * * *
    (iii) BS EN ISO 12460-3:2020 (incorporated by reference, see Sec.
770.99) or ISO 12460-3:2020(E) (incorporated by reference, see Sec.
770.99).
* * * * *
    (vii) JIS A 1460:2021(E) (24-hr Desiccator Method) (incorporated by
reference, see Sec.  770.99).
* * * * *
    (d) * * *
    (1) * * *
    (iii) Equivalence determination. The ASTM D6007-14 method
(incorporated by reference, see Sec.  770.99) is considered equivalent
to the ASTM E1333-14 method (incorporated by reference, see Sec.
770.99) if the following condition is met:

[verbar]X[verbar] + 0.88S <= C

Where C is equal to:

0.026 for the lower range;
0.038 for the intermediate range; and
0.052 for the upper range.
* * * * *

0
10. Revise Sec.  770.99 to read as follows:

Sec.  770.99   Incorporation by reference.

    Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, the Environmental Protection Agency
(EPA) must publish a document in the Federal Register and the material
must be available to the public. All approved incorporation by
reference (IBR) material is available for inspection at the EPA and at
the National Archives and Records Administration (NARA). Contact EPA
at: 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<PHONE_NUMBER>, and the telephone
number for the OPPT Docket is<PHONE_NUMBER>. For information on the
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The
material may be obtained from the following sources:
    (a) APA. APA--The Engineered Wood Association, 7011 S 19th Street,
Tacoma, WA 98466-5333;<PHONE_NUMBER>; www.apawood.org.
    (1) ANSI A190.1-2017, Standard for Wood Products--Structural Glued
Laminated Timber, Approved January 24, 2017; IBR approved for Sec.
770.1(c).
    (2) [Reserved]
    (b) ASTM. ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959; (877) 909-ASTM; www.astm.org.
    (1) ASTM D5055-19e1, Standard Specification for Establishing and
Monitoring Structural Capacities of Prefabricated Wood I-Joists,
Approved March 1, 2019; IBR approved for Sec.  770.1(c).
    (2) ASTM D5456-21e1, Standard Specification for Evaluation of
Structural Composite Lumber Products, Approved February 1, 2021; IBR
approved for Sec.  770.1(c).
    (3) ASTM D5582-14, Standard Test Method for Determining
Formaldehyde Levels from Wood Products Using a Desiccator, Approved
August 1, 2014; IBR approved for Sec.  770.20(b).
    (4) ASTM D6007-14, Standard Test Method for Determining
Formaldehyde Concentrations in Air from Wood Products Using a Small-
Scale Chamber, Approved October 1, 2014; IBR approved for Sec. Sec.
770.3; 770.7(a) through (c); 770.15(c); 770.17(a); 770.18(a); 770.20(b)
through (d).
    (5) ASTM E1333-14, Standard Test Method for Determining
Formaldehyde Concentrations in Air and Emission Rates from Wood
Products Using a Large Chamber, Approved October 1, 2014; IBR approved
for Sec. Sec.  770.3; 770.7(a) through (c); 770.10(b); 770.15(c);
770.17(a); 770.18(a); 770.20(c) and (d).
    (c) BSI. British Standards Institute, 12950 Worldgate Dr., Suite
800, Herndon, VA 20170;<PHONE_NUMBER>; www.bsigroup.com.
    (1) BS EN ISO 12460-3:2020, Wood-based panels.--Determination of
formaldehyde release--Part 3: Gas analysis method, Published 31 October
2020; IBR approved for Sec.  770.20(b).
    (2) BS EN ISO 12460-5:2015 E, Wood based panels.--Determination of
formaldehyde release--Part 5: Extraction method (called the perforator
method), December 2015; IBR approved for Sec.  770.20(b).
    (d) CPA. Composite Panel Association, 19465 Deerfield Avenue, Suite
306, Leesburg, Virginia 20176;<PHONE_NUMBER>; www.compositepanel.org.
    (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 A208.1-2022, Particleboard, Approved June 22, 2022; IBR
approved for Sec.  770.3.
    (6) ANSI A208.2-2022, Medium Density Fiberboard (MDF) for Interior
Applications, Approved April 14, 2022; IBR approved for Sec.  770.3.
    (e) Georgia Pacific. Georgia-Pacific Chemicals LLC, 133 Peachtree
Street, Atlanta, GA 30303;<PHONE_NUMBER>; www.gp.com.
    (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).
    (f) HPVA. Decorative Hardwoods Association (formerly known as
Hardwood Plywood and Veneer Association (HPVA)), 42777 Trade West Dr.,
Sterling, VA 20166;<PHONE_NUMBER>; www.decorativehardwoods.org.
    (1) ANSI/HPVA HP-1-2020, American National Standard for Hardwood
and Decorative Plywood, Approved August 17, 2020; IBR approved for
Sec.  770.3.
    (2) [Reserved]
    (g) ISO. International Organization for Standardization, 1, ch. de
la Voie- Creuse, CP 56, CH-1211, Geneve 20, Switzerland; +41-22-749-01-
11; www.iso.org.
    (1) ISO 12460-3:2020(E), Wood-based panels--Determination of
formaldehyde release--Part 3: Gas analysis method, Third edition,
October 2020; IBR approved for Sec.  770.20(b).
    (2) ISO/IEC 17011:2017(E) Conformity assessments--Requirements for
accreditation bodies accrediting conformity assessments bodies (Second
Edition), November 2017; IBR approved for Sec. Sec.  770.3; 770.7(a)
and (b).
    (3) 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; 770.7(a) through (c).
    (4) ISO/IEC 17025:2017(E), General requirements for the competence
of testing and calibration laboratories (Third Edition), November 2017;
IBR approved for Sec. Sec.  770.3; 770.7(a) through (c).
    (5) 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; 770.7(a) and (c).
    (h) Japanese Standards Association. Japanese Industrial Standards,
1-24, Akasaka 4, Minatoku, Tokyo 107- 8440, Japan; +81-3-3583-8000;
www.jsa.or.jp/en/.
    (1) JIS A 1460:2021(E), Determination of the emission of
formaldehyde from building boards--Desiccator method, First English
edition, November 2021; IBR approved for Sec.  770.20(b).
    (2) [Reserved]
    (i) NIST. National Institute of Standards and Technology, Public
Inquiries Unit, NIST, 100 Bureau Dr., Stop 1070, Gaithersburg, MD
20899-1070; (301) 975-NIST or<PHONE_NUMBER>; www.nist.gov.
    (1) PS 1-19, Structural Plywood, Effective December 1, 2019; IBR
approved for Sec. Sec.  770.1(c); 770.3.
    (2) PS 2-18, Performance Standard for Wood Structural Panels, March
2019; IBR approved for Sec. Sec.  770.1(c); 770.3.

    Note 1 to Paragraph (i): To purchase paper copies from NIST,
call (301) 975-NIST for an order number. To purchase paper copies
from GPO (with a stock number), mail: U.S. Government Publishing
Office, P.O. Box 979050, St. Louis, MO 63197-9000; call: (866) 512-
1800 or (DC Area only:<PHONE_NUMBER>); fax<PHONE_NUMBER>.

[FR Doc. 2023-03444 Filed 2-17-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 169 (Tuesday, September 2, 2014)]
[Notices]
[Pages 51994-51995]
[FR Doc No: 2014-20762]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP14-536-000]

Northern Natural Gas Company; Notice of Application

    Take notice that on August 18, 2014, Northern Natural Gas Company
(Northern), 1111 South 103rd Street, Omaha, Nebraska 68124, filed an
application pursuant to section 7(b) of the Natural Gas Act (NGA) for
authorization to abandon in place and by removal approximately 4.74
miles of its 24-inch diameter coupled A-line in Guthrie County, Iowa,
all as more fully set forth in the application which is on file with
the Commission and open to public inspection. The filing is available
for review at the Commission in the Public Reference Room or may be
viewed on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, contact FERC at<EMAIL_ADDRESS>or call toll-
free,<PHONE_NUMBER> or TYY,<PHONE_NUMBER>.
    Any questions concerning this application may be directed to
Michael T. Loeffler, Senior Director, Certificates and External
Affairs, Northern Natural Gas Company, 1111 South 103rd Street, Omaha,
Nebraska 68124, at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice, the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the EA for this proposal. The filing of the EA in the Commission's
public record for this proceeding or the issuance of a Notice of
Schedule for Environmental Review will serve to notify federal and
state agencies of the timing for the completion of all necessary
reviews, and the subsequent need to complete all federal authorizations
within 90 days of the date of issuance of the Commission staff's FEIS
or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and

by all other parties. A party must submit seven copies of filings made
in the proceeding with the Commission and must mail a copy to the
applicant and to every other party. Only parties to the proceeding can
ask for court review of Commission orders in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and five copies of the protest or intervention to
the Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: September 15, 2014.

    Dated: August 25, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-20762 Filed 8-29-14; 8:45 am]
BILLING CODE 6717-01-P