[Federal Register Volume 83, Number 133 (Wednesday, July 11, 2018)]
[Notices]
[Pages 32111-32113]
[FR Doc No: 2018-14778]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC18-15-000]

Commission Information Collection Activities (FERC-587); Comment
Request; Extension

AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Notice of information collection and request for comments.

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

SUMMARY: In compliance with the requirements of the Paperwork Reduction
Act of 1995, the Federal Energy Regulatory Commission (Commission or
FERC) is soliciting public comment on the currently approved
information collection, FERC-587 (Land Description (Public Land States/
Non-Public Land States [Rectangular or Non-Rectangular Survey System
Lands in Public Land States])).

DATES: Comments on the collection of information are due September 10,
2018.

ADDRESSES: You may submit comments (identified by Docket No. IC18-15-
000) by either of the following methods:
     eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.
     Mail/Hand Delivery/Courier: Federal Energy Regulatory
Commission, Secretary of the Commission, 888 First Street NE,
Washington, DC 20426.
    Instructions: All submissions must be formatted and filed in
accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support
by email at [email protected], or by phone at:<PHONE_NUMBER>
(toll-free), or<PHONE_NUMBER> for TTY.
    Docket: Users interested in receiving automatic notification of
activity in this docket or in viewing/downloading comments and
issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by email at
[email protected], telephone at<PHONE_NUMBER>, and fax at (202)
273-0873.

SUPPLEMENTARY INFORMATION:
    Title: FERC-587, Land Description (Public Land States/Non-Public
Land States [Rectangular or Non-Rectangular Survey System Lands in
Public Land States]).
    OMB Control No.: 1902-0145.
    Type of Request: Three-year extension of the FERC-587 information
collection reporting requirements.
    Abstract: The Commission requires the FERC-587 information
collection to satisfy the requirements of section 24 of the Federal
Power Act (FPA). The Federal Power Act grants the Commission authority
to issue licenses for the development and improvement of navigation and
for the development, transmission, and utilization of power across,
along, from or in any of the steams or other bodies of water over which
Congress has jurisdiction.\1\ The Electric Consumers Protection Act
(ECPA) amends the FPA to allow the Commission the responsibility of
issuing licenses for nonfederal hydroelectric plants.\2\
---------------------------------------------------------------------------

    \1\ 16 U.S.C. Section 797d (2010).
    \2\ Public Law 99-495, 100 Stat. 1243 (1996).
---------------------------------------------------------------------------

    Section 24 of the FPA requires that applicants proposing hydropower
projects on (or changes to existing projects located within) lands
owned by the United States to provide a description of the applicable
U.S. land. Additionally, the FPA requires the notification of the
Commission and Secretary of the Interior of the hydropower proposal.
FERC-587 consolidates the information required and identifies
hydropower project boundary maps associated with the applicable U.S.
land.
    The information consolidated by the Form No. 587 verifies the
accuracy of the information provided for the FERC-587 to the Bureau of
Land Management (BLM) and the Department of the Interior (DOI).
Moreover, this information ensures that U.S. lands can be reserved as
hydropower sites and withdrawn from other uses.
    The Commission is also making the following changes to the FERC
Form No. 587 instructions. FERC is not changing the reporting
requirements of the information collection:

Paragraph 3

    --Revise Paragraph 3 \3\ as follows:
---------------------------------------------------------------------------

    \3\ Any references to ``microfilm'' and ``aperture cards''
within 18 CFR part 4.39 were removed by the Final Rule in RM14-20-
000 (issued 7/17/2014, published in the Federal Register at 79 FR
42973 on 7/24/2014).

------------------------------------------------------------------------
                  From                                  To
------------------------------------------------------------------------
Microfilm copies of the project          Electronic file format copies
 boundary maps must be submitted with     of the project boundary
 the land description forms as directed   map(s), also referred to as
 by FERC. Each map must be reproduced     Exhibit G drawing(s), must be
 on silver or gelatin 35 mm microfilm     submitted with the land
 mounted on type D (3-1/4'' X 7-3/8'')    description form(s) as
 aperture cards. The project number       directed by FERC.
 followed by a hyphen and sheet number
 or letter must be typed on the front
 of each card in the upper right corner.
------------------------------------------------------------------------

Paragraph 4

    --Revise Paragraph 4 as follows:

------------------------------------------------------------------------
                  From                                  To
------------------------------------------------------------------------
Mail a copy of the completed land        Mail a copy of the completed
 description forms and aperture cards     land description form(s) and
 to: Secretary, Routing Code PJ-12,       the electronic file format
 Federal Energy Regulatory Commission,    drawing(s) to: Secretary,
 888 First Street NE, Washington, DC      Federal Energy Regulatory
 20426.                                   Commission, ATTN: OEP/DHAC,
                                          888 First Street NE,
                                          Washington, DC 20426.
Another copy of the form FERC-587 must   Another copy of the form FERC-
 be filed with the Bureau of Land         587 and electronic file format
 Management state office(s) involved      drawings must be filed with
 using the format below. Go to the        the Bureau of Land Management
 following internet address to get        state office(s) involved using
 mailing address for a particular State   the format below. Go to the
 Office (http://www.blm.gov/nhp/          following internet address to
 directory/index.htm). State Director,    get mailing address for a
 Bureau of Land Management, City, State   particular State Office
 Zip, ATTN: FERC Withdrawal Recordation.  (https://www.blm.gov/programs/lands-and-realty/land-tenure).
                                          State Director, Bureau of Land
                                          Management, City, State Zip,
                                          ATTN: FERC Withdrawal
                                          Recordation.
------------------------------------------------------------------------

Paragraph 5

    --Revise Paragraph 5 as follows:

------------------------------------------------------------------------
                  From                                  To
------------------------------------------------------------------------
Keep the land description forms and      Keep the land description forms
 project boundary drawings up-to-date.    and project boundary drawings
 If the project boundary changes,         up-to-date. If the project
 revised land description forms and       boundary changes, revised land
 drawings must be provided to the         description forms and drawings
 Commission immediately. The revised      must be provided to the
 land description forms must be fully     Commission immediately. The
 completed so as to supersede (not        revised land description forms
 supplement) earlier forms. Mail          must be fully completed so as
 updates in accordance with instruction   to supersede (not supplement)
 4.                                       earlier forms. Mail updates in
                                          accordance with instruction 4.
If there are any questions, please       If there are any questions,
 contact the FERC at<PHONE_NUMBER>.      please contact the FERC at 844-
                                          434-0053 or
                                          [email protected]
------------------------------------------------------------------------

    Access to the Revised Materials: There is one attachment
(Attachment A) that contains a version of Form No. 587 that
incorporates all of the aforementioned changes within this Notice.
Attachment A will be attached to this Notice within Docket No. IC18-15-
000, but will not be published in the Federal Register. Interested
parties can see this attachments electronically as part of this Notice
in FERC's eLibrary (http://www.ferc.gov/docs-filing/elibrary.asp) by
searching for Docket No. IC18-15-000.
    Type of Respondents: Applicants proposing hydropower projects on
(or changes to existing projects located within) lands owned by the
United States.
    Estimate of Annual Burden \4\: The Commission estimates the annual
public reporting burden for the information collection as:
---------------------------------------------------------------------------

    \4\ ``Burden'' is the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. For further
explanation of what is included in the information collection
burden, refer to Title 5 CFR 1320.3.

    FERC-587--Land Description (Public Land States/Non-Public Land States [Rectangular or Non-Rectangular Survey System Lands in Public Land States])
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Annual number                                              Total annual burden
                                          Number of     of responses    Total number   Average burden hours and   hours and total annual     Cost per
                                         respondents   per respondent   of responses     cost per response \5\             cost             respondent
                                                  (1)             (2)     (1) * (2) =  (4).....................  (3) * (4) = (5)........   ($) (5) / (1)
                                                                                (3)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hydropower Project Applicants........             137               1             137  1 hr.; $79..............  137 hrs.; $10,823......             $79
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Comments: Comments are invited on: (1) Whether the collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden and
cost of the collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility and clarity of the information collection; and (4) ways to
minimize the burden of the collection of information on those who are
to respond, including the use of automated collection techniques or
other forms of information technology.
---------------------------------------------------------------------------

    \5\ The estimates for cost per response are derived using the
following formula: 2018 Average Burden Hours per Response * $79 per
Hour = Average Cost per Response. The hourly cost figure of $79 is
the 2018 average FERC hourly cost for wages plus benefits. We assume
for FERC-587 that respondents earn at a similar rate.

    Dated: July 3, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-14778 Filed 7-10-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: January 27, 2010 (Volume 75, Number 17)]
[Notices]
[Page 4362-4363]
[DOCID:fr27ja10-59]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13-023]

Green Island Power Authority; Notice of Application Ready for
Environmental Analysis, and Soliciting Comments, Recommendations,
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

January 20, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 13-023.
    c. Date Filed: March 2, 2009.
    d. Applicant: Green Island Power Authority.
    e. Name of Project: Green Island Hydroelectric Project.
    f. Location: The existing project is located on the Hudson River in
Albany County, New York. The project would occupy Federal land managed
by the U.S. Army Corps of Engineers.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Agent Contact: James A. Besha, President, Albany Engineering
Corporation, 5 Washington Square, Albany, NY 12205;<PHONE_NUMBER>.
    i. FERC Contact: Tom Dean,<PHONE_NUMBER>.
    j. The deadline for filing comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions is 60 days
from the issuance of this notice; reply comments are due 105 days from
the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    Comments, recommendations, preliminary terms and conditions, and
preliminary fishway prescriptions may be filed electronically via the
Internet in lieu of paper. The Commission strongly encourages
electronic filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions
on the Commission's Web site (http://www.ferc.gov) under the
``eFiling'' link. For a simpler method of submitting text-only
comments, click on ``Quick Comment.''
    k. This application has been accepted for filing and is ready for
environmental analysis.
    l. Project Description: The existing Green Island Project utilizes
the U.S. Army Corps of Engineers (Corps) Green Island-Troy lock and dam
that consists of: (1) A dam with a main spillway with a fixed crest
elevation of 14.33 feet mean sea level (msl); (2) an auxiliary spillway
with a crest elevation of 16.33 feet msl; and (3) a 520-foot-long, 45-
foot-wide lock.
    The Green Island Project consists of: (1) 2-foot-high pneumatic
flashboards along the top of the main spillway with a crest elevation
of 16.33 feet msl; (2) a 700-acre impoundment with a normal water
surface elevation of 16.33 feet msl; (3) a bulkhead and forebay
structure located downstream and at the west end of the Corps dam; (4)
a powerhouse containing four 1.5 megawatt (MW) generating units with a
total installed capacity of 6.0 MW; (5) a 34.5-kilovolt (kV)
underground transmission cable; and (6) appurtenant facilities.
    Green Island Power Authority proposes to: (1) Lower the existing
main spillway to a crest elevation of 12.5 feet msl, and install new
hydraulically operated crest gates with a maximum crest gate elevation
of 18.5 feet msl; (2) increase the auxiliary spillway elevation to 18.4
feet msl; (3) raise the impoundment elevation to 18.4 feet msl and
increase the impoundment size to 708 acres; (4) install a new trash
boom extending across and upstream of the forebay; (5) expand the
existing powerhouse to the east and west and install four new 6.0 MW
generating units, and replace the four existing generating units with
four new 6.0 MW generating units with a total installed capacity of 48
MW; and (6) install a new 13.8-kV, 70-foot-long transmission line.
    On January 15, 2010, Green Island Power Authority filed a resource-
specific settlement agreement signed by it and the National Marine
Fisheries Service, U.S. Fish and Wildlife Service, and the New York
State Department of Environmental Conservation. Under the settlement
agreement, Green Island Power Authority would: (1) Construct two new
Denil fish ladders for upstream passage; (2) construct a new fish
exclusion screen and downstream fish passage facility; (3) construct
three new eel ladders for upstream passage; and (4) develop plans for
fishway effectiveness testing and monitoring, shortnose sturgeon
monitoring and mitigation, and water quality and streamflow monitoring.
    m. A copy of the application and settlement agreement are 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 Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is
also available

for inspection and reproduction at the address in item (h) above.
    Register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    n. All filings must: (1) Bear in all capital letters the title
``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``PRELIMINARY
TERMS AND CONDITIONS,'' or ``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2)
set forth in the heading the name of the applicant and the project
number of the application to which the filing responds; (3) furnish the
name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, recommendations, terms and
conditions or prescriptions must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may
obtain copies of the application directly from the applicant. A copy of
all other filings in reference to this application must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR 4.34(b)
and 385.2010.
    o. Procedural Schedule: The application will be processed according
to the following Hydro Licensing Schedule. Revisions to the schedule
may be made as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Notice of availability of the EA......  July 29, 2010
Filing comments on EA.................  August 30, 2010
Filing modified terms and conditions..  October 29, 2010
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of the notice
of ready for environmental analysis.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice ready for environmental analysis
provided for in sections 5.22 and 5.23: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-1531 Filed 1-26-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Page 76997]
[FR Doc No: 2014-29961]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2629-014-Vermont]

Village of Morrisville, Vermont; Notice of Availability of Final
Environmental Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the application for license for the
multi-development Morrisville Hydroelectric Project, located on the
Green River, Elmore Pond Brook, and Lamoille River in Lamoille County,
Vermont, and has prepared a final Environmental Assessment (EA) for the
project. The project does not occupy any federal land.
    The final EA contains the staff's analysis of the potential
environmental impacts of the project and concludes that licensing the
project, with appropriate environmental protective measures, would not
constitute a major federal action that would significantly affect the
quality of the human environment.
    A copy of the final EA is on file with the Commission and is
available for public inspection. The final EA may also 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 Online Support at<EMAIL_ADDRESS>or toll-free at 1-
866-208-3676, or for TTY,<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    For further information, contact Steve Kartalia at<PHONE_NUMBER>
or<EMAIL_ADDRESS>
    Dated: December 16, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-29961 Filed 12-22-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 123 (Tuesday, June 28, 2022)]
[Notices]
[Pages 38450-38451]
[FR Doc No: 2022-13703]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2010-0031]

Long Island Rail Road's Request To Amend Its Positive Train
Control Safety Plan and Positive Train Control System

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Notice of availability and request for comments.

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

SUMMARY: This document provides the public with notice that, on June 9,
2022, Long Island Rail Road (LIRR) submitted a request for amendment
(RFA) to its FRA-approved Positive Train Control

Safety Plan (PTCSP). As this RFA may involve a request for FRA's
approval of proposed material modifications to an FRA-certified
positive train control (PTC) system, FRA is publishing this notice and
inviting public comment on the railroad's RFA to its PTCSP.

DATES: FRA will consider comments received by July 18, 2022. FRA may
consider comments received after that date to the extent practicable
and without delaying implementation of valuable or necessary
modifications to a PTC system.

ADDRESSES: Comments: Comments may be submitted by going to https://www.regulations.gov and following the online instructions for
submitting comments.
    Instructions: All submissions must include the agency name and the
applicable docket number. The relevant PTC docket number for this host
railroad is Docket No. FRA-2010-0031. For convenience, all active PTC
dockets are hyperlinked on FRA's website at https://railroads.dot.gov/train-control/ptc/ptc-annual-and-quarterly-reports. All comments
received will be posted without change to https://www.regulations.gov;
this includes any personal information.

FOR FURTHER INFORMATION CONTACT: Gabe Neal, Staff Director, Signal,
Train Control, and Crossings Division, telephone:<PHONE_NUMBER>, email:
[email protected].

SUPPLEMENTARY INFORMATION: In general, Title 49 United States Code
(U.S.C.) Section 20157(h) requires FRA to certify that a host
railroad's PTC system complies with Title 49 Code of Federal
Regulations (CFR) part 236, subpart I, before the technology may be
operated in revenue service. Before making certain changes to an FRA-
certified PTC system or the associated FRA-approved PTCSP, a host
railroad must submit, and obtain FRA's approval of, an RFA to its PTCSP
under 49 CFR 236.1021.
    Under 49 CFR 236.1021(e), FRA's regulations provide that FRA will
publish a notice in the Federal Register and invite public comment in
accordance with 49 CFR part 211, if an RFA includes a request for
approval of a material modification of a signal and train control
system. Accordingly, this notice informs the public that, on June 9,
2022, LIRR submitted an RFA to its PTCSP for its Advanced Civil Speed
Enforcement System II (ACSES II) and that RFA is available in Docket
No. FRA-2010-0031.
    Interested parties are invited to comment on LIRR's RFA to its
PTCSP by submitting written comments or data. During FRA's review of
this railroad's RFA, FRA will consider any comments or data submitted
within the timeline specified in this notice and to the extent
practicable, without delaying implementation of valuable or necessary
modifications to a PTC system. See 49 CFR 236.1021; see also 49 CFR
236.1011(e). Under 49 CFR 236.1021, FRA maintains the authority to
approve, approve with conditions, or deny a railroad's RFA to its PTCSP
at FRA's sole discretion.

Privacy Act Notice

    In accordance with 49 CFR 211.3, FRA solicits comments from the
public to better inform its decisions. DOT posts these comments,
without edit, including any personal information the commenter
provides, to https://www.regulations.gov, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See https://www.regulations.gov/privacy-notice for the privacy notice of regulations.gov. To facilitate
comment tracking, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. If you wish to provide comments containing proprietary or
confidential information, please contact FRA for alternate submission
instructions.

    Issued in Washington, DC.
Carolyn R. Hayward-Williams,
Director, Office of Railroad Systems and Technology.
[FR Doc. 2022-13703 Filed 6-27-22; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Proposed Rules]
[Pages 17963-17973]
[FR Doc No: 2022-06149]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0245; FRL-8452-02-OCSPP]
RIN 2070-AK94

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing 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 proposing to address remote
inspections for third-party certifiers (TPCs) required to conduct on-
site inspections 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 proposing
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: Comments must be received on or before April 28, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2017-0245, using the Federal eRulemaking Portal
at https://www.regulations.gov. Follow the online instructions for
submitting comments. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is opened to visitors only by
appointment. The staff continues to provide remote customer service via
email, phone, and webform. For the latest status information on EPA/DC
services and docket access, visit 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:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-

1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    You may be affected by this proposed 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 proposed 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 proposing this 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 proposing to take the following actions:
1. Update Incorporation-By-Reference (IBR) for Certain Voluntary
Consensus Standards
    EPA is proposing to update 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 proposed rule would require regulated
entities to adhere to the updated editions of the voluntary consensus
standards when complying with the requirements of 40 CFR part 770.
These amendments are further explained in Unit II.B.
2. Conform Voluntary Consensus Standards in Scope and Definitions
    As a result of the proposed list of updated standards in Unit
II.B., EPA is proposing to update 40 CFR 770.1 and 770.3 to reflect the
current standards that are proposed to be incorporated by reference in
40 CFR 770.99.
3. Increase Flexibility for TPC Certification Process
    EPA is also proposing revisions at 40 CFR 770.7, subsections
(a)(5)(i)(A), (c)(1)(iii), (c)(2)(v), and (c)(4)(i)(F). These proposed
changes add mention of section 6.2.2 under ISO/IEC 17065:2012(E). The
addition of section 6.2.2 under ISO/IEC 17065:2012(E) would 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 would 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.
4. Address Remote Inspections in Limited Circumstances
    Additionally, EPA is proposing to address remote inspections for
third-party certifiers under subsections (c)(4)(i)(G) and
(c)(4)(viii)(A)(3) under 40 CFR 770.7, as well as 40 CFR 770.15,
subsection (c)(1)(viii) in certain circumstances. 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 is proposing to amend the part 770 regulation 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 proposing to clarify data requirements for
emission standards under 40 CFR 770.17(c)(2) and 770.18(d)(2). Under
these sections, EPA proposes to add language that clarifies the
requirements for testing data for no added formaldehyde-based resins
and ultra-low-emitting formaldehyde resins. The clarification states
that that for NAF based exemptions ninety 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
ninety 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
proposal would 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. 3) to create better consistency.
    Additionally, EPA is proposing several technical corrections under
40 CFR 770.20. Under 40 CFR 770.20(a)(1), EPA proposes to clarify 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 proposing that equivalence
determinations be included to align with CARB requirements under
93120.9(a)(2)(B)(5) of the ATCM rule. These technical corrections are
further explained in Unit II.B.

D. Why is the Agency taking this action?

    The Agency is proposing this action to adopt several voluntary
consensus standards for incorporation by reference at 40 CFR 770.99.
This rulemaking would 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 2021. These new updates are needed because outdated versions may
not be used by industry and have been replaced by these new standards.
EPA is proposing to update these voluntary consensus standards to
reflect the current editions that could be in use by regulated entities
and industry stakeholders in the future. 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 proposing to address remote inspections for third-party
certifiers 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 proposed remote
inspections are designed to allow inspectors flexibility to comply with
TSCA Title VI regulations and regional emergency declarations.
    Furthermore, EPA is proposing 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 would 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 notice of proposed rulemaking 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 for TPCs to conduct the required on-site
inspections and sample collections are also expected to result in no
additional costs as this language is intended to codify practices that
are currently on-going due to the COVID-19 pandemic.

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

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

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. 1) to reduce exposure to
formaldehyde emissions from certain wood products produced domestically
or imported into the United States. EPA worked with CARB to help 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. 2) 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. Proposed Amendments

1. Voluntary Consensus Standards IBR Update
a. IBR Update
    EPA is proposing 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), the American Society for Testing and Materials
(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 proposes 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 in January 2020 (Ref. 6). EPA
proposes 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 in June 2021 (Ref. 7). EPA proposes 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
proposes 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 would replace the source for BS EN ISO 12460-3:2020
from the European Committee for Standardization (CEN) to the British
Standards Institution (BSI). EPA would 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))
would remain unchanged.
v. Wood-Based Panels--Determination of Formaldehyde Release--Part 3:
Gas Analysis Method (ISO 12460-3:2020)
    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
proposes to include this new standard to incorporate by reference in 40
CFR 770.99 since ISO 12460-3:2020 is identical to BS EN ISO 12460-
3:2020. To avoid potential confusion by regulated stakeholders, EPA is
proposing 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. Determination of the Emission of Formaldehyde From Building
Boards--Desiccator Method (JIS A 1460:2021)
    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 (Ref. 10). EPA proposes 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.
vii. 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. 11). EPA proposes to update the
version of the standard incorporated by reference in 40 CFR 770.99 from
PS-1-09 to PS-1-19.
viii. Performance Standard for Wood-Based Structural-Use 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. 12). EPA proposes 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. Public Access to Voluntary Consensus Standards
i. ANSI/HPVA HP-1-2020
    Copies of this standard may be purchased 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 only for the duration of the public comment period.
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 only for the duration of the public comment period.
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
    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/ only for the
duration of the public comment period.
v. JIS A 1460:2021
    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.
vi. PS 1-19 and PS 2-18
    Electronic copies of these materials may be obtained from the 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 or 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>.
    Copies of the standards identified in section II.B. of
SUPPLEMENTARY INFORMATION have been placed in the rulemaking docket for
this action. Due to the public health concerns related to COVID-19, the
EPA Docket Center (EPA/DC) and Reading Room is open by appointment
only. Visitors must complete docket material requests in advance and
then make an appointment to retrieve them. The staff continues to
provide remote customer service via email, phone, and webform. For the
latest status information on EPA/DC services and docket access, visit
https://www.epa.gov/dockets. 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.
2. Technical Correction(s)
a. Conform Voluntary Consensus Standards in Scope and Definitions
    As a result of the proposed 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 proposed to be
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 proposed rule would update the address to which petitions and
supporting materials, including any supporting materials that may
contain CBI or other controlled unclassified information, should be
submitted.
c. Timing of Panel Testing After Production
    EPA is proposing a clarification under 40 CFR 770.20. Under 40 CFR
770.20(a)(1), EPA proposes to 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
in an unfinished condition prior to the application of a topcoat or
finish and must occur not later than 30 calendar days after the samples
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
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: X + 0.88S <=C. While a lower value of 0.026 was
included, the intermediate and upper values were inadvertently omitted.
This proposed update includes an intermediate value of 0.038 and an
upper value of 0.052. These proposed 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 proposing to
clarify data requirements for emission standards submitted by TPCs.
Under these sections, EPA proposes 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 ninety 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 ninety 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 would 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 the required 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 proposing 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 would allow TPCs to 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 proposed rule would 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
proposed rule, when submitting the annual report required under 40 CFR
770.7(c)(4)(viii)(A), TPCs would 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), section 6.2.2 under ISO/IEC 17065:2012(E) has been added.
The addition of section 6.2.2 under ISO/IEC 17065:2012(E) would 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 section 6.2.1 under ISO/IEC 17065:2012(E) which
involves an internal certification process conducted by the TPC. Adding
section 6.2.2 would 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 Proposed Changes

1. Voluntary Consensus Standards Update
    EPA is proposing 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 proposed amendment is intended to update the address and
protect any CBI materials which may be submitted.
b. Timing of Panel Testing After Production
    This proposed amendment is intended to reduce confusion between
regulated entities as to when the 30-day window is to begin. The
proposed language 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 proposed amendment is intended to address a previous omission
during the last rulemaking which occurred in 2018. These proposed
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 proposed 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 proposed 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 proposed 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 proposed 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 proposed change should
be made.

III. Request for Comments

    When necessary, EPA intends to reflect any future changes to
voluntary consensus standards incorporated by reference in 40 CFR
770.99 through additional notice-and-comment rulemaking. EPA is seeking
public comment on all aspects of this proposed rule including comments
on whether there are other standards that should be incorporated by
reference or whether there are standards that should be removed from
the regulations entirely. No susceptible population analysis was
conducted for this proposed rulemaking given the routine nature of
updating certain standards for this proposed rule. However, EPA is
seeking public comment on ways the third-party certification process
can be improved, either through the certification process directly or
ways in which susceptible populations can be protected. Additionally,
EPA is seeking public comment on the remote inspection process during
unsafe conditions such as the on-going COVID-19 pandemic or other
unsafe conditions such as natural disasters, outbreaks, political
unrest, and epidemics. EPA is soliciting comment on alternative
approaches that EPA should consider in place of reporting the
occurrence of each remote inspection in the annual report. For example,
EPA seeks comments on whether EPA should instead amend 40 CFR
770.7(c)(4)(vii) record requirements to include a self-certification
statement that a government entity identified the existence of unsafe
conditions in the area of a composite wood product manufacturing panel
producer that would prevent the required quarterly or initial on-site
inspections from being conducted in person in accordance with 40 CFR
770.7(c)(4)(i)(G) and that a given on-site inspection in such a
scenario was conducted remotely. Finally, EPA is seeking comment on any
of the proposed technical corrections to better align with CARB. EPA
encourages all interested persons to submit comments on the issues
identified in this proposed rule and to identify any other relevant
issues as well. EPA requests that commenters making specific
recommendations include supporting documentation where appropriate to
facilitate the Agency's reasoned consideration of those
recommendations.

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. EPA. Formaldehyde Emission Standards for Composite Wood Products.
Final Rule. Federal Register. 81 FR 89674, December 12, 2016 (FRL-
9949-90).
2. 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).
3. California Environmental Protection Agency Air Resources Board.
Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from
Composite Wood Products. Final Regulation Order. April 2008.
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. American Society for Testing and Materials (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, Wood-based Panels--Determination of Formaldehyde Release--
Part 3: Gas Analysis Method.
10. Japanese Industrial Standards (JIS). JIS A 1460:2021,
Determination of the Emission of Formaldehyde from Building Boards--
Desiccator Method.
11. National Institute of Standards and Technology (NIST). PS 1-19,
Structural Plywood.
12. NIST. PS 2-18, Performance Standard for Wood-Based Structural-
Use Panels.

V. Statutory and Executive Order Reviews

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

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

    This action is not a significant regulatory action 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)

    The Agency certifies 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 proposed rule would 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 proposed standards listed Unit II.B.
This action would 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 would 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 40 CFR 770.18 that would 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 any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

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 proposing to adopt the use of ANSI/HPVA HP-
1-2020, ASTM D5055-19e1, ASTM D5456-21e1, BS EN ISO 12460-3:2020, ISO
12460-3:2020, JIS A 1460:2021, 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 have already been approved for the sections
in which they appear, and no change is proposed: ANSI A208.1-2016, ISO/
IEC 17065:2012(E), ISO/IEC 17020:2012(E), ASTM D6007-14, and ASTM
E1333-14 20(d).

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

    EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. As addressed in Unit II.A.,
this action would not materially alter the final rule as published and
would update existing voluntary consensus standards incorporated by
reference in the final rule and proposes other technical amendments.

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: March 17, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

    Therefore, for the reasons set forth in the preamble, EPA proposes
to amend 40 CFR chapter I 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, Structural Plywood
(incorporated by reference, see Sec.  770.99).
    (4) Structural panels, as specified in PS 2-18, Performance
Standard for Wood-Based Structural-Use Panels (incorporated by
reference, see Sec.  770.99).
    (5) Structural composite lumber, as specified in ASTM D5456-21e1,
Standard Specification for Evaluation of Structural Composite Lumber
Products (incorporated by reference, see Sec.  770.99).
* * * * *
    (8) Prefabricated wood I-joists, as specified in ASTM D5055-19e1,
Standard Specification for Establishing and Monitoring Structural
Capacities of Prefabricated Wood I-Joists (incorporated by reference,
see Sec.  770.99).
* * * * *
0
3. In Sec.  770.3, the definitions for ``Hardwood plywood'' and
``Particleboard'' are revised 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,
Structural Plywood (incorporated by reference, see Sec.  770.99), or PS
2-18, Performance standard for Wood-Based Structural-Use Panels
(incorporated by reference, see Sec.  770.99). In addition, hardwood
plywood includes laminated products except as provided at Sec.  770.4.
* * * * *
    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
A208.1-2016 (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. Amend Sec.  770.7 by:
0
a. Revising paragraphs (a)(5)(i)(A), (c)(1)(iii), (c)(2)(v), and
(c)(4)(i)(F);
0
b. Adding paragraph (c)(4)(i)(G); and
0
c. Revising the introductory text of paragraph (c)(4)(viii)(A) 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.
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 a 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 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 the samples were produced.
* * * * *
    (b) * * *
    (1) * * *
    (iii) BS EN ISO 12460-3:2020 (Gas Analysis Method) (incorporated by
reference, see Sec.  770.99) or ISO 12460-3:2020 (Gas Analysis Method)
(incorporated by reference, see Sec.  770.99).
* * * * *
    (vii) JIS A 1460:2021 (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: [bond]X[bond] + 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 [chapter/
subchapter/part/subpart] 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 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
(202) 566-0280. For information on the availability of this material at
NARA, email: [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained
from the following source(s):
    (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 January 2020; IBR approved for Sec.  770.1(c).
    (2) ASTM D5456-21e1, Standard Specification for Evaluation of
Structural Composite Lumber Products, Approved June 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, 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 A208.1-2016, Particleboard, Approved May 12, 2016; IBR
approved for Sec.  770.3.
    (6) ANSI A208.2-2016, Medium Density Fiberboard (MDF) for Interior
Applications, Approved May 12, 2016; IBR approved for Sec.  770.3.
    (e) Georgia Pacific. Georgia-Pacific Chemicals LLC, 133 Peachtree
Street, Atlanta, GA 30303;<PHONE_NUMBER>; 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).
    (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, Wood-based panels.--Determination of
formaldehyde release--Part 3: Gas analysis method, 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.  7703.3; 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/.
    (1) JIS A 1460:2021, Determination of the emission of formaldehyde
from building boards--Desiccator method, First English edition,
February 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, December 1, 2019; IBR approved for
Sec. Sec.  770.1(c); 770.3.
    (2) PS 2-18, Performance Standard for Wood-Based Structural-Use
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. 2022-06149 Filed 3-28-22; 8:45 am]
BILLING CODE 6560-50-P