Voluntary Consensus Standards Update; Formaldehyde Emission Standards for Composite Wood Products, 5340-5349 [2018-02144]
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5340
Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Rules and Regulations
secondary materials, Waste treatment
and disposal.
Dated: January 26, 2018.
E. Scott Pruitt,
Administrator.
For the reasons stated in the
preamble, EPA is amending title 40,
chapter I, of the Code of Federal
Regulations as follows:
PART 241—SOLID WASTES USED AS
FUELS OR INGREDIENTS IN
COMBUSTION UNITS
1. The authority citation for part 241
continues to read as follows:
■
Authority: 42 U.S.C. 6903, 6912, 7429.
2. Section 241.2 is amended by adding
in alphabetical order the definitions
‘‘Copper naphthenate treated railroad
ties’’, ‘‘Copper naphthenate-borate
treated railroad ties’’, and ‘‘Creosoteborate treated railroad ties’’ to read as
follows:
■
§ 241.2
Definitions.
*
*
*
*
*
Copper naphthenate treated railroad
ties means railroad ties treated with
copper naphthenate made from
naphthenic acid and copper salt.
Copper naphthenate-borate treated
railroad ties means railroad ties treated
with copper naphthenate and borate,
including borate made from disodium
octaborate tetrahydrate.
*
*
*
*
*
Creosote-borate treated railroad ties
means railroad ties treated with a wood
preservative containing creosols and
phenols and made from coal tar oil and
borate, including borate made from
disodium octaborate tetrahydrate.
*
*
*
*
*
■ 3. Section 241.4 is amended by adding
paragraphs (a)(8) through (10) to read as
follows:
part of normal operations and not solely
as part of start-up or shut-down
operations, but are modified (e.g., oil
delivery mechanisms are removed) in
order to use natural gas instead of fuel
oil, The creosote-borate and mixed
creosote, borate and copper naphthenate
treated railroad ties may continue to be
combusted as product fuel under this
subparagraph only if the following
conditions are met, which are intended
to ensure that such railroad ties are not
being discarded:
(A) Creosote-borate and mixed
creosote, borate and copper naphthenate
treated railroad ties must be burned in
existing (i.e., commenced construction
prior to April 14, 2014) stoker, bubbling
bed, fluidized bed, or hybrid suspension
grate boilers; and
(B) Creosote-borate and mixed
creosote, borate and copper naphthenate
treated railroad ties can comprise no
more than 40 percent of the fuel that is
used on an annual heat input basis.
(iii) Units meeting requirements in
paragraph (a)(8)(i) or (ii) of this section
that are also designed to burn coal.
(9) Copper naphthenate treated
railroad ties that are processed and then
combusted in units designed to burn
biomass, biomass and fuel oil, or
biomass and coal. Processing must
include at a minimum, metal removal,
and shredding or grinding.
(10) Copper naphthenate-borate
treated railroad ties that are processed
and then combusted in units designed
to burn biomass, biomass and fuel oil,
or biomass and coal. Processing must
include at a minimum, metal removal,
and shredding or grinding.
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*
*
[FR Doc. 2018–02337 Filed 2–6–18; 8:45 am]
BILLING CODE 6560–50–P
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§ 241.4 Non-Waste Determinations for
Specific Non-Hazardous Secondary
Materials When Used as a Fuel.
ENVIRONMENTAL PROTECTION
AGENCY
(a) * * *
(8) Creosote-borate treated railroad
ties, and mixtures of creosote, borate
and/or copper naphthenate treated
railroad ties that are processed and then
combusted in the following types of
units. Processing must include, at a
minimum, metal removal and shredding
or grinding.
(i) Units designed to burn both
biomass and fuel oil as part of normal
operations and not solely as part of
start-up or shut-down operations; and
(ii) Units at major source pulp and
paper mills or power producers subject
to 40 CFR part 63, subpart DDDDD,
designed to burn biomass and fuel oil as
40 CFR Part 261
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Identification and Listing of Hazardous
Waste
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 260 to 265, revised as
of July 1, 2017, on page 64, in § 261.6,
paragraph (a)(2)(iv) is reinstated to read
as follows:
■
§ 261.6 Requirements for recyclable
materials.
(a)(1) * * *
(2) * * *
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(iv) Spent lead-acid batteries that are
being reclaimed (40 CFR part 266,
subpart G).
*
*
*
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*
[FR Doc. 2018–02518 Filed 2–6–18; 8:45 am]
BILLING CODE 1301–00–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
Identification and Listing of Hazardous
Waste
CFR Correction
In Title 40 of the Code of Federal
Regulations, Parts 260 to 265, revised as
of July 1, 2017, on page 67, in part 261,
the heading of subpart C is reinstated to
read: ‘‘Characteristics of Hazardous
Waste’’.
■
[FR Doc. 2018–02513 Filed 2–6–18; 8:45 am]
BILLING CODE 1301–00–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 770
[EPA–HQ–OPPT–2017–0245; FRL–9972–68]
RIN 2070–AK36
Voluntary Consensus Standards
Update; Formaldehyde Emission
Standards for Composite Wood
Products
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is publishing this final
rule to revise the formaldehyde
standards for composite wood products
regulations . The revision updates the
incorporation by reference of multiple
voluntary consensus standards that have
been updated, superseded, or
withdrawn, and provides a technical
correction to allow panel producers to
correlate their approved quality control
test method to the ASTM E1333–14 test
chamber, or, upon showing equivalence,
the ASTM D6007–14 test chamber.
DATES: This final rule is effective on
February 7, 2018. The incorporation by
reference of certain publications listed
in the rule is approved by the Director
of the Federal Register as of February 7,
2018.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0245, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
SUMMARY:
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Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
Reading Room is (202) 566–1744, and
the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Erik Winchester, National Program
Chemicals Division, Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460–0001;
telephone number: (202) 564–6450;
email address: winchester.erik@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Does this action apply to me?
You may be affected by this final rule
if you manufacture (including import),
sell, supply, offer for sale, test, or work
with certification firms that certify
hardwood plywood, medium-density
fiberboard, particleboard, and/or
products containing these composite
wood materials in the United States.
The following list of North American
Industrial Classification System
(NAICS) codes is not intended to be
exhaustive, but rather provides a guide
to help readers determine whether this
document applies to them. Potentially
affected entities may include:
• Veneer, plywood, and engineered
wood product manufacturing (NAICS
code 3212).
• Manufactured home (mobile home)
manufacturing (NAICS code 321991).
• Prefabricated wood building
manufacturing (NAICS code 321992).
• Furniture and related product
manufacturing (NAICS code 337).
• Furniture merchant wholesalers
(NAICS code 42321).
• Lumber, plywood, millwork, and
wood panel merchant wholesalers
(NAICS code 42331).
• Other construction material
merchant wholesalers (NAICS code
423390), e.g., merchant wholesale
distributors of manufactured homes
(i.e., mobile homes) and/or
prefabricated buildings.
• Furniture stores (NAICS code 4421).
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• 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.
5341
reflect the current editions that are inuse by regulated entities and industry
stakeholders. EPA believes that this
action is warranted to facilitate
regulated entities using the most up-todate voluntary consensus standards to
comply with the final rule.
1. Direct final rule and notice of
proposed rulemaking. The Agency
published a direct final rule on October
25, 2017 (82 FR 49287) to update several
voluntary consensus standards that
since publication of the December 12,
2016 final rule, have been updated,
superseded, or withdrawn.
Additionally, the action would have
updated an existing regulatory provision
regarding the correlation of quality
control test methods. The Agency
solicited public comment on a parallel
proposed action by issuing a companion
Notice of Proposed Rulemaking (82 FR
49308) with the direct final rule. If EPA
received adverse public comment and
had to withdraw the direct final rule,
this parallel proposed action would
continue. EPA received six comments
on this action; three comments were not
germane to the action, two were
supportive, and one of which the
Agency considered to be adverse; thus,
the direct final rule was withdrawn on
December 8, 2017, as published in the
Federal Register (82 FR 57874).
II. Background
Having withdrawn the direct final
rule, EPA is taking action based on the
A. What action is the Agency taking?
companion Notice of Proposed
Following the publication of a Notice
Rulemaking (NPRM), which includes
of Proposed Rulemaking (see 78 FR
consideration of all public comments
34796 and 78 FR 34820) and
submitted in response to the provisions
promulgation of EPA’s December 12,
discussed in the direct final rule and
2016 final rule addressing formaldehyde companion proposal. EPA is issuing this
emission standards for composite wood final rule and a Response to Comments
products (81 FR 89674), multiple
document which addresses all of the
voluntary consensus standards that
comments received on this action. The
were incorporated by reference have
response to comments document can be
been updated or withdrawn and
found in the supporting documents
superseded. EPA is incorporating by
section of the final rule section of the
reference into the regulations at 40 CFR
docket for this action.
part 770 current versions of the
2. Final rule. EPA is updating the
voluntary consensus standards
references for multiple voluntary
assembled by:
consensus standards that were
• APA—the Engineered Wood
incorporated by reference into the
Association,
formaldehyde emission standards for
• Composite Panel Association (CPA), composite wood products regulations
• American National Standards
(40 CFR part 770) because they have
been updated, superseded, or
Institute (ANSI),
withdrawn by their respective
• American Society for Testing and
organization, as proposed in the
Materials (ASTM),
companion NPRM. Table 1 of this
• International Organization for
preamble outlines only the voluntary
Standardization (ISO),
consensus standards being addressed in
• Japanese Standards Association
this rulemaking and their respective
(JIS), and
updated versions. Under 1 CFR part 51,
• National Institute of Standards and
the Director of the Federal Register
Technology (NIST).
EPA is taking action to update several indefinitely approves specific versions
of individual standards for use in
voluntary consensus standards in the
clearly identified sections. The
formaldehyde emission standards for
incorporation by reference of any other
composite wood products final rule to
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voluntary consensus standard in part
770 remains unchanged. EPA would
need to initiate additional rulemaking to
change any material incorporated by
reference in the part, including adding,
updating, or removing standard.
TABLE 1—VOLUNTARY CONSENSUS STANDARDS COMPARISON
Current standard established by final rule
81 (FR 89674)
Status
Update to be promulgated effective
February 7, 2018
ANSI/AITC A190.1–2002 American National Standard
for Structural Glued Laminated Timber 1.
ANSI A208.1–2009 American National Standard for
Particleboard.
ANSI A208.2–2009 American National Standard for Medium Density Fiberboard for Interior Applications.
ANSI–HPVA HP–1–2009 American National Standard
for Hardwood and Decorative Plywood.
ASTM D5055–05 Standard Specification for Establishing
and Monitoring Structural Capacities of Prefabricated
Wood I-Joists.
ASTM D5456–06 Standard Specification for Evaluation
of Structural Composite Lumber Products.
ASTM D5582–00 Standard Test Method for Determining
Formaldehyde Levels from Wood Products Using a
Desiccator.
ASTM D6007–02 Standard Test Method for Determining
Formaldehyde Concentrations in Air from Wood Products Using a Small-Scale Chamber.
ASTM E1333–10 Standard Test Method for Determining
Formaldehyde Concentration in Air and Emission
Rated from Wood Products Using a Large Chamber.
Updated version .................
ANSI A190.1–2017 Standard for Wood Products—
Structural Glued Laminated Timber 1.
ANSI A208.1–2016 American National Standard for
Particleboard.
ANSI A208.2–2016 American National Standard for
Medium Density Fiberboard for Interior Applications.
ANSI–HPVA HP–1–2016 American National Standard
for Hardwood and Decorative Plywood.
ASTM D5055–16 Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists.
ASTM D5456–14b Standard Specification for Evaluation of Structural Composite Lumber Products.
ASTM D5582–14 Standard Test Method for Determining Formaldehyde Levels from Wood Products
Using a Desiccator.
ASTM D6007–14 Standard Test Method for Determining Formaldehyde Concentrations in Air from
Wood Products Using a Small-Scale Chamber.
ASTM E1333–14 Standard Test Method for Determining Formaldehyde Concentration in Air and Emission Rates from Wood Products Using a Large
Chamber.
BS EN ISO 12460–3:2015 Wood-based panels—Determination of formaldehyde release. Part 3: Gas analysis method.
BS EN ISO 12460–5:2015 Wood-based panels—Determination of formaldehyde release. Part 5: Extraction
method (called the perforator method).
JIS A1460:2015 Determination of the emission of formaldehyde from building boards—Desiccator method.
PS–1–09 Structural Plywood.
PS–2–10 Performance Standard for Wood-Based
Structural-Use Panels.
BS EN 717–2: 1995 Wood-based panels—Determination
of formaldehyde release—Part 2: Formaldehyde release by the gas analysis method.
BS EN 120: 1992 Wood-based panels. Determination of
formaldehyde content—Extraction method called the
perforator method.
JIS A1460:2001(E) Building boards-determination of
formaldehyde emission—Desiccator method.
PS–1–07 Structural Plywood ............................................
PS–2–04 Performance Standard for Wood-Based Structural-Use Panels.
Updated version .................
Updated version .................
Updated version .................
Updated version .................
Updated version .................
Updated version .................
Updated version .................
Updated version .................
Withdrawn, superseded by
BS EN ISO 12460–
3:2015.
Withdrawn, superseded by
BS EN ISO 12460–
5:2015.
Updated version .................
Updated version .................
Updated version .................
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1 Note that the ANSI/AITC 190.1–2002 Standard is no longer under the American Institute of Timber Construction purview for the 2017 version,
and is now an APA—the Engineered Wood Association managed standard.
EPA adopts all of the updated
versions of the standards referenced in
Table 1 in this rule. Any future versions
or updates to withdrawn/superseded
standards will be announced by EPA
through a separate Federal Register
document with opportunity for public
comment.
EPA is also taking final action on
several technical corrections to
references to the ISO/IEC 17020:2012(E)
in the testing correlation requirements
under § 770.20, as discussed below. The
Agency did not receive any adverse
comment related specifically to these
technical corrections.
EPA received approval to incorporate
ISO/IEC 17020: 2012(E) by reference
into part 770, as part of the December
2016 final rule, instead of the 1998
version that was originally proposed.
However, that updated version was not
reflected everywhere in that published
rule. This rule corrects those remaining
instances and ensures that all of the
references are to the version of the
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standard that is approved for
incorporation by reference.
EPA is also finalizing a revision at
§ 770.20(d)(2)(i) to allow the correlation
of the tests conducted through the
quality control methods listed in
§ 770.20(b) to either ASTM E1333–14 or,
upon a showing of equivalence, ASTM
D6007–14 test chamber tests. The
California Air Resources Board (CARB)
under its Air Toxic Control Measure
(ATCM) has approved the use of ASTM
D6007–14 test chambers that have
previously shown equivalence under
§ 770.20(d) to an ASTM E1333–14 test
chamber to be correlated to other mill
quality control method tests listed in
§ 770.20(b). According to CARB staff,
this is the commonly used method for
conducting correlation between test
methods. Several third-party certifiers,
regulated entities and their associations
expressed the importance of allowing
mill quality control tests to be correlated
to ASTM D6007–14 test chambers as
they currently operate under the CARB
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ATCM using this approach and not
allowing test chamber correlation in this
manner under TSCA Title VI would
significantly disrupt product
certifications and supply chain
processes. EPA agrees that significant
disruptions would occur, including
problems with completing testing which
would lead to significant shortfalls in
supply of TSCA Title VI certified
product if the correlation of mill quality
control tests were allowed only through
the use of ASTM E1333–14 test
chambers. Additionally, based on
consultations with the CARB staff,
allowing correlation to be established
through the use of ASTM D6007–14 test
chambers in addition to the ASTM
E1333–14 test chambers does not result
in a decrease in testing reliability and
yields comparable results if the ASTM
D6007–14 test chambers have shown
equivalence to the ASTM E1333–14 test
chambers. To maintain consistency with
this revision, EPA is also updating the
definition of quality control limit (QCL)
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to allow for the use of the ASTM E1333–
14 test chamber, or, upon showing
equivalence, the ASTM D6007–14 test
chamber.
To aid mills and third-party certifiers
in understanding the practical
implications of this revision, and to
help them implement this revision into
the TSCA Title VI program, the Agency
is clarifying that data generated
beginning December 12, 2016 using an
ASTM E1333–10 test chamber, or, upon
showing equivalence, an ASTM D6007–
02 test chamber, and a panel producer’s
quality control (QC) test method under
§ 770.20(b)(1) may be used to establish
the required annual correlation. Data
generated beginning December 12, 2016
from a panel producer’s QC test method
under § 770.20(b)(1) that has been
correlated to either an ASTM E1333–10
test chamber, or, upon showing
equivalence, an ASTM D6007–02 test
chamber, may be used to certify
compliant composite wood products
under the TSCA Title VI program until
a new annual correlation is required.
Beginning on February 7, 2018, data
used to establish correlations must be
generated using an ASTM E1333–14 test
chamber, or, upon showing equivalence,
an ASTM D6007–14 test chamber and
the panel producer’s QC test method
under § 770.20(b)(1).
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B. What is the Agency’s authority for
taking this action?
These regulations are established
under authority of Section 601 of TSCA,
15 U.S.C. 2697.
III. Effective Date
This final rule is not subject to the 30day delay of effective date generally
required by 5 U.S.C. 553(d) because the
amendments relieve a restriction. See 5
U.S.C. 553(d)(1). Specifically, the
current regulation requires the
correlation of the tests conducted
through the quality control methods
listed in § 770.20(b) to be to ASTM
E1333–14 test chamber tests. The
amendments allow the correlation of the
tests conducted through the quality
control methods listed in § 770.20(b) to
be to either ASTM E1333–14 or, upon a
showing of equivalence, ASTM D6007–
14 test chamber tests. This will provide
another option for testing and facilitate
compliance by the regulated entities.
The amendments regarding the
voluntary consensus standards reflect
the current voluntary consensus
standards. To the extent that the
regulation required regulated entities to
demonstrate compliance according to
outdated standards that have been
updated, superseded, or withdrawn by
their respective organization, this
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change relieves that restriction. This
will avoid confusion over compliance,
as the amended versions represent the
current voluntary consensus standards
in use. Moreover, EPA also finds that
there is ‘‘good cause’’ under 5 U.S.C.
553(d)(3) to make the updates to the
voluntary consensus standards effective
upon publication. The references for the
voluntary consensus standards are being
updated because the prior versions have
been updated, superseded, or
withdrawn by their respective
organization. If these updates were
delayed by 30 days, regulated entities
would face uncertainty about whether
current standards could be used to
comply with the rule. In addition, the
regulated entities do not need a 30-day
delay in the effective date to prepare for
these amendments because they are
already familiar with and able to apply
the current voluntary consensus
standards.
IV. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not an Executive Order
13771 regulatory action because this
action is not significant under Executive
Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose any new
information collection burden under the
PRA because it does not create any new
reporting or recordkeeping obligations.
OMB has previously approved the
information collection activities
contained in the existing regulations
and has assigned OMB control number
2070–0185.
D. Regulatory Flexibility Act (RFA)
The Agency certifies that this action
will not have a significant economic
impact on a substantial number of small
entities under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. An agency may
certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, has
no net burden or otherwise has a
positive economic effect on the small
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entities subject to the rule. This rule
updates the voluntary consensus
standards that were incorporated by
reference in the final rule to the most
current versions. 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 standards listed in Table
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 § 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 relieve
or have no net regulatory burden for
directly regulated small entities.
E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
G. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. This final rule will not
impose substantial direct compliance
costs on Indian tribal governments.
Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045, because it does not
concern an environmental health risk or
safety risk. This action is not subject to
Executive Order 13045 because it is not
economically significant as defined in
Executive Order 12866, and because
EPA does not believe the environmental
health or safety risks addressed by this
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action present a disproportionate risk to
children. As addressed in Unit II.A., this
action would not materially alter the
final rule as published, and will update
existing voluntary consensus standards
incorporated by reference in the final
rule and provide an amendment to the
testing requirements at § 770.20.
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I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and
Advancement Act (NTTAA) and 1 CFR
Part 51
This action involves voluntary
consensus standards, many of which
EPA is directed to use by TSCA Title VI.
Voluntary consensus standards
identified in the statute have been
updated by the voluntary consensus
standard management bodies which
antiquates the statutorily required
versions.
EPA is updating voluntary consensus
standards as issued by ASTM
International, ANSI, APA, HPVA, NIST,
BSI, and JIS. Copies of the standards
referenced in the regulatory text have
been placed in the docket for this rule.
Additionally, each of these standards is
available for inspection at the OPPT
Docket in the EPA Docket Center (EPA/
DC) at Rm. 3334, EPA, West Bldg., 1301
Constitution Ave. NW, Washington, DC.
The EPA/DC Public Reading Room
hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding
legal holidays. The telephone number of
the EPA/DC Public Reading Room is
(202) 566–1744, and the telephone
number for the OPPT Docket is (202)
566–0280. EPA has determined that all
of these standards are reasonably
available to the class of persons affected
by this rulemaking. The following
voluntary consensus standards are being
updated:
(a) APA, CPA, and HPVA standards.
Copies of these standards may be
obtained from the specific publisher, as
noted below, or from the American
National Standards Institute, 1899 L
Street NW, 11th Floor, Washington, DC
20036, or by calling (202) 293–8020, or
at https://ansi.org. Note that ANSI/APA
A190.1–2017 is published by APA—the
Engineered Wood Association. ANSI
A208.1–2016 and ANSI A208.2–2016
are published by the Composite Panel
Association. And ANSI ANSI/HPVA–
HP–1–2016 is published by the
Hardwood Plywood Veneer Association.
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1. ANSI/APA A190.1–2017,
Structural Glued Laminated Timber.
This standard describes minimum
requirements for the manufacture and
production of structural glued
laminated timber, including size
tolerances, grade combinations, lumber,
adhesives, and appearance grades.
2. ANSI A208.1–2016, American
National Standard, Particleboard. This
standard describes the requirements and
test methods for dimensional tolerances,
physical and mechanical properties and
formaldehyde emissions for
particleboard, along with methods of
identifying products conforming to the
standard.
3. ANSI A208.2–2016, American
National Standard, Medium Density
Fiberboard (MDF) for Interior
Applications. This standard describes
the requirements and test methods for
dimensional tolerances, physical and
mechanical properties and
formaldehyde emissions for MDF, along
with methods of identifying products
conforming to the standard.
4. ANSI/HPVA HP–1–2016, American
National Standard for Hardwood and
Decorative Plywood. This standard
details the specific requirements for all
face, back, and inner ply grades of
hardwood plywood as well as
formaldehyde emission limits, moisture
content, tolerances, sanding, and grade
marking.
(b) ASTM material. Copies of these
materials may be obtained from ASTM
International, 100 Barr Harbor Dr., P.O.
Box C700, West Conshohocken, PA
19428–2959, or by calling (877) 909–
ASTM, or at https://www.astm.org.
1. ASTM E1333–14, Determining
Formaldehyde Concentrations in Air
and Emission Rates from Wood
Products Using a Large Chamber. This
test method measures the formaldehyde
concentration in air and emission rate
from wood products containing
formaldehyde under conditions
designed to simulate product use. The
concentration in air and emission rate is
determined in a large chamber under
specific test conditions of temperature
and relative humidity. The general
procedures are also intended for testing
product combinations at productloading ratios and at air-exchange rates
typical of the indoor environment.
2. ASTM D6007–14, Determining
Formaldehyde Concentrations in Air
from Wood Products Using a SmallScale Chamber. This test method
measures the formaldehyde
concentrations in air from wood
products under defined test conditions
of temperature and relative humidity.
Results obtained from this small-scale
chamber test method are intended to be
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comparable to results obtained testing
larger product samples by the large
chamber test method for wood products,
Test Method E 1333.
3. ASTM D5582–14, Determining
Formaldehyde Levels from Wood
Products Using a Dessicator. This test
method describes a small scale
procedure for measuring formaldehyde
emissions potential from wood
products. The formaldehyde level is
determined by collecting airborne
formaldehyde in a small distilled water
reservoir within a closed desiccator. The
quantity of formaldehyde is determined
by a chromotropic acid test procedure.
4. ASTM D5456–14b, Evaluation of
Structural Composite Lumber Products.
This specification describes initial
qualification sampling, mechanical and
physical tests, analysis, and design
value assignments. Requirements for a
quality-control program and cumulative
evaluations are included to ensure
maintenance of allowable design values
for the product.
5. ASTM D5055–16, Establishing and
Monitoring Structural Capacities of
Prefabricated Wood I-Joists. This
specification gives procedures for
establishing, monitoring, and
reevaluating structural capacities of
prefabricated wood I-joists, such as
shear, moment, and stiffness. The
specification also provides procedures
for establishing common details and
itemizes certain design considerations
specific to wood I-joists.
(c) CEN materials. Copies of these
materials are not directly available from
the European Committee for
Standardization, but from one of CEN’s
National Members, Affiliates, or Partner
Standardization Bodies. To purchase a
standard, go to CEN’s website, https://
www.cen.eu, and select ‘‘Products’’ for
more detailed information.
1. BS EN 12460–3: 2015, Wood-based
Panels—Determination of
Formaldehyde Release [Part 3: Gas
Analysis Method]. This British Version
of the European standard describes a
procedure for determination of
accelerated formaldehyde release from
wood-based panels.
2. BS EN 12460–5: 2015, Wood-based
Panels—Determination of
Formaldehyde Release [Part 5:
Extraction Method (Called the
Perforator Method)]. This British
Version of the European standard
describes an extraction method, known
as the perforator method, for
determining the formaldehyde content
of unlaminated and uncoated woodbased panels.
(d) Copies of JIS A 1460: 2015,
Determination of the Emission of
Formaldehyde from Building Boards—
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Desiccator Method, English Version,
may be obtained from Japanese
Industrial Standards, 1–24, Akasaka 4,
Minatoku, Tokyo 107–8440, Japan, or by
calling +81–3–3583–8000, or at https://
www.jsa.or.jp. This method describes a
method for testing formaldehyde
emissions from construction boards by
measuring the concentration of
formaldehyde absorbed in distilled or
deionized water from samples of a
specified surface area placed in a glass
desiccator for 24 hours.
(e) NIST material. Copies of these
materials may be obtained from the
National Institute of Standards and
Technology (NIST) by calling (800) 553–
6847 or from the U.S. Government
Printing Office (GPO). To purchase a
NIST publication you must have the
order number. Order numbers may be
obtained from the Public Inquiries Unit
at (301) 975–NIST. Mailing address:
Public Inquiries Unit, NIST, 100 Bureau
Dr., Stop 1070, Gaithersburg, MD
20899–1070. If you have a GPO stock
number, you can purchase printed
copies of NIST publications from GPO.
GPO orders may be mailed to: U.S.
Government Printing Office, P.O. Box
979050, St. Louis, MO 63197–9000,
placed by telephone at (866) 512–1800
(DC Area only: (202) 512–1800), or
faxed to (202) 512–2104. Additional
information is available online at:
https://www.nist.gov.
1. PS 1–09, Structural Plywood. This
standard describes the principal types
and grades of structural plywood,
covering the wood species, veneer
grading, adhesive bonds, panel
construction and workmanship,
dimensions and tolerances, marking,
moisture content and packaging of
structural plywood intended for
construction and industrial uses. Test
methods to determine compliance and a
glossary of trade terms and definitions
are included, as is a quality certification
program involving inspection, sampling,
and testing of products identified as
complying with this standard by
qualified testing agencies.
2. PS 2–10, Performance Standard for
Wood-Based Structural-Use Panels. This
standard covers performance
requirements, adhesive bond
performance, panel construction and
workmanship, dimensions and
tolerances, marking, and moisture
content of structural-use panels, such as
plywood, waferboard, oriented strand
board, 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
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products for qualification under the
standard.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
EPA has determined that the human
health or environmental risk addressed
by this action will not have potential
disproportionately high and adverse
human health or environmental effects
on minority, low-income or indigenous
populations, as specified in Executive
Order 12898. As addressed in Unit II.A.,
this action would not materially alter
the final rule as published, and will
update existing voluntary consensus
standards incorporated by reference in
the final rule and provide an
amendment to the testing requirements
at § 770.20.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and
EPA will submit a rule report to each
House of the Congress and to the
Comptroller General of the United
States. This action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2). Section
808 of the CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by CRA if the
agency makes a good cause finding that
notice and public procedure is
impracticable, unnecessary, or contrary
to the public interest. As required by 5
U.S.C. 808(2), this determination is
supported by a brief statement in Unit
III.
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: January 26, 2018.
E. Scott Pruitt,
Administrator.
For the reasons set out in the
preamble, title 40, chapter I, of the Code
of Federal Regulations is amended as
follows:
PART 770—FORMALDEHYDE
STANDARDS FOR COMPOSITE WOOD
PRODUCTS
1. The authority citation for part 770
continues to read as follows:
■
Authority: 15 U.S.C. 2697(d).
2. In § 770.1, paragraphs (c)(3), (4), (5),
(7), and (8) are revised to read as
follows:
■
§ 770.1
*
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Scope and applicability.
*
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*
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*
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5345
(c) * * *
(3) Structural plywood, as specified in
PS 1–09, Structural Plywood
(incorporated by reference, see
§ 770.99).
(4) Structural panels, as specified in
PS 2–10, Performance Standard for
Wood-Based Structural-Use Panels
(incorporated by reference, see
§ 770.99).
(5) Structural composite lumber, as
specified in ASTM D5456–14b,
Standard Specification for Evaluation of
Structural Composite Lumber Products
(incorporated by reference, see
§ 770.99).
*
*
*
*
*
(7) Glued laminated lumber, as
specified in ANSI A190.1–2017,
Standard for Wood Products—Structural
Glued Laminated Timber (incorporated
by reference, see § 770.99).
(8) Prefabricated wood I-joists, as
specified in ASTM D5055–16, Standard
Specification for Establishing and
Monitoring Structural Capacities of
Prefabricated Wood I-Joists
(incorporated by reference, see
§ 770.99).
*
*
*
*
*
■ 3. In § 770.3:
■ a. In the terms ‘‘EPA TSCA Title VI
Product Accreditation Body or EPA
TSCA Title VI Product AB’’ and ‘‘TPC
laboratory’’, remove ‘‘17020:1998(E)’’
and add in its place ‘‘17020:2012(E)’’;
and
■ b. Revise the terms ‘‘Hardboard,’’
‘‘Hardwood plywood,’’ ‘‘Mediumdensity fiberboard,’’ ‘‘Particleboard,’’
and ‘‘Quality control limit or QCL’’.
The revisions read as follows:
§ 770.3
Definitions.
*
*
*
*
*
Hardboard means a composite panel
composed of cellulosic fibers,
consolidated under heat and pressure in
a hot press by: A wet process; or a dry
process that uses a phenolic resin, or a
resin system in which there is no
formaldehyde as part of the resin crosslinking structure; or a wet formed/dry
pressed process; and that is commonly
or commercially known, or sold, as
hardboard, including any product
conforming to one of the following
ANSI standards: Basic Hardboard (ANSI
A135.4–2012) (incorporated by
reference, see § 770.99), Prefinished
Hardboard Paneling (ANSI A135.5–
2012) (incorporated by reference, see
§ 770.99), Engineered Wood Siding
(ANSI A135.6–2012) (incorporated by
reference, see § 770.99), or Engineered
Wood Trim (ANSI A135.7–2012)
(incorporated by reference, see
§ 770.99). There is a rebuttable
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presumption that products emitting
more than 0.06 ppm formaldehyde as
measured by ASTM E1333–14
(incorporated by reference, see § 770.99)
or ASTM D6007–14 (incorporated by
reference, see § 770.99) are not
hardboard.
Hardwood plywood means a
hardwood or decorative panel that is
intended for interior use and composed
of (as determined under ANSI/HPVA
HP–1–2016 (incorporated by reference,
see § 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 1–09, Structural
Plywood (incorporated by reference, see
§ 770.99), or PS 2–10, Performance
Standard for Wood-Based StructuralUse Panels (incorporated by reference,
see § 770.99). In addition, hardwood
plywood includes laminated products
except as provided at § 770.4.
*
*
*
*
*
Medium-density fiberboard means a
panel composed of cellulosic fibers
made by dry forming and pressing a
resinated fiber mat (as determined
under ANSI A208.2–2016 (incorporated
by reference, see § 770.99)).
*
*
*
*
*
Particleboard means a panel
composed of cellulosic material in the
form of discrete particles (as
distinguished from fibers, flakes, or
strands) that are pressed together with
resin (as determined under ANSI
A208.1–2016 (incorporated by
reference, see § 770.99)). Particleboard
does not include any product specified
in PS 2–10 (incorporated by reference,
see § 770.99).
*
*
*
*
*
Quality control limit or QCL means
the value from the quality control
method test that is the correlative
equivalent to the applicable emission
standard based on the ASTM E1333–14
method (incorporated by reference, see
§ 770.99) or, upon showing equivalence
in accordance with § 770.20(d), the
ASTM D6007–14 method (incorporated
by reference, see § 770.99).
*
*
*
*
*
■ 4. In § 770.7:
■ a. In paragraphs (a)(5)(i)(A)
introductory text, (b)(1)(iv), (c)(1)(iii),
(c)(2)(v), and (c)(4)(i)(F), remove
‘‘17020:1998(E)’’ and add in its place
‘‘17020:2012(E)’’; and
■ b. Revise paragraphs (a)(5)(i)(D) and
(F), (b)(5)(i) introductory text, (c)(1)(ii)
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and (v), (c)(2)(iv) and (viii), (c)(4)(i)(B),
and (c)(4)(v)(C).
The revisions read as follows:
§ 770.7
Third-party certification.
(a) * * *
(5) * * *
(i) * * *
(D) A review of the approach that the
TPC laboratory will use for establishing
correlation or equivalence between
ASTM E1333–14 and ASTM D6007–14,
if used, (incorporated by reference, see
§ 770.99) or allowable formaldehyde
test methods listed under § 770.20.
*
*
*
*
*
(F) A review of the accreditation
credentials of the TPC laboratory,
including a verification that the
laboratory has been accredited to ISO/
IEC 17025:2005(E) (incorporated by
reference, see § 770.99) with a scope of
accreditation to include this part—
Formaldehyde Standards for Composite
Wood Products and the formaldehyde
test methods ASTM E1333–14 and
ASTM D6007–14, if used, by an EPA
TSCA Title VI Laboratory AB
(incorporated by reference, see
§ 770.99).
*
*
*
*
*
(b) * * *
(5) * * *
(i) Accreditation. EPA TSCA Title VI
Laboratory ABs must determine the
accreditation eligibility, and accredit if
appropriate, each TPC seeking
recognition under the EPA TSCA Title
VI Third-Party Certification Program by
performing an assessment of each TPC.
The assessment must include an on-site
assessment by the EPA TSCA Title VI
Laboratory AB to determine whether the
laboratory meets the requirements of
ISO/IEC 17025:2005(E) (incorporated by
reference, see § 770.99), is in
conformance with ISO/IEC
17020:2012(E) (incorporated by
reference, see § 770.99) and the EPA
TSCA Title VI TPC requirements under
this part including the formaldehyde
test methods ASTM E1333–14 and
ASTM D6007–14 (incorporated by
reference, see § 770.99), if used. In
performing the on-site assessment, the
EPA TSCA Title VI Laboratory AB must:
*
*
*
*
*
(c) * * *
(1) * * *
(ii) Be, or have a contract with a
laboratory that is, accredited by an EPA
TSCA Title VI Laboratory AB to ISO/IEC
17025:2005(E) (incorporated by
reference, see § 770.99) with a scope of
accreditation to include this part—
Formaldehyde Standards for Composite
Wood Products—and the formaldehyde
test methods ASTM E1333–14 and
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ASTM D6007–14, if used (incorporated
by reference, see § 770.99);
*
*
*
*
*
(v) Have demonstrated experience in
performing or verifying formaldehyde
emissions testing on composite wood
products, including experience with test
method ASTM E1333–14 and ASTM
D6007–14, if used, (incorporated by
reference, see § 770.99), and experience
evaluating correlation between test
methods. Applicant TPCs that have
demonstrated experience with test
method ASTM D6007–14 only, must be
contracting testing with a laboratory that
has a large chamber and demonstrate its
experience with ASTM E1333–14.
(2) * * *
(iv) A copy of the TPC laboratory’s
certificate of accreditation from an EPA
TSCA Title VI Laboratory AB to ISO/IEC
17025:2005(E) (incorporated by
reference, see § 770.99) with a scope of
accreditation to include this part—
Formaldehyde Standards for Composite
Wood Products—and the formaldehyde
test methods ASTM E1333–14 and
ASTM D6007–14 (incorporated by
reference, see § 770.99), if used;
*
*
*
*
*
(viii) A description of the TPC’s
experience with test method ASTM
E1333–14 and/or ASTM D6007–14, if
used, (incorporated by reference, see
§ 770.99), and experience evaluating
correlation between test methods.
Applicant TPCs that have experience
with test method ASTM D6007–14 only,
must be contracting testing with a
laboratory that has a large chamber and
describe its experience with ASTM
E1333–14; and
*
*
*
*
*
(4) * * *
(i) * * *
(B) Verify each panel producer’s
quality control test results compared
with test results from ASTM E1333–14
and ASTM D6007–14, if used,
(incorporated by reference, see § 770.99)
by having the TPC laboratory conduct
quarterly tests and evaluate test method
equivalence and correlation as required
under § 770.20;
*
*
*
*
*
(v) * * *
(C) Notification of a panel producer
exceeding its established QCL for more
than two consecutive quality control
tests within 72 hours of the time that the
TPC becomes aware of the second
exceedance. The notice must include
the product type, dates of the quality
control tests that exceeded the QCL,
quality control test results, ASTM
E1333–14 (incorporated by reference,
see § 770.99) or ASTM D6007–14
method (incorporated by reference, see
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§ 770.99) correlative equivalent values
in accordance with § 770.20(d), the
established QCL value(s) and the quality
control method used.
*
*
*
*
*
■ 5. In § 770.10, paragraph (b)
introductory text is revised to read as
follows:
§ 770.10 Formaldehyde emission
standards.
*
*
*
*
*
(b) The emission standards are based
on test method ASTM E1333–14
(incorporated by reference, see
§ 770.99), and are as follows:
*
*
*
*
*
■ 6. In § 770.15, paragraphs (c)(1)(v)
and (c)(2)(iii) are revised to read as
follows:
§ 770.15 Composite wood product
certification.
*
*
*
*
*
(c) * * *
(1) * * *
(v) At least five tests conducted under
the supervision of an EPA TSCA Title
VI TPC pursuant to test method ASTM
E1333–14 or ASTM D6007–14
(incorporated by reference, see
§ 770.99). Test results obtained by
ASTM D6007–14 must include a
showing of equivalence in accordance
with § 770.20(d)(1);
*
*
*
*
*
(2) * * *
(iii) At least five tests conducted
under the supervision of an EPA TSCA
Title VI TPC pursuant to test method
ASTM E1333–14 or ASTM D6007–14
(incorporated by reference, see
§ 770.99). Test results obtained by
ASTM D6007–14 must include a
showing of equivalence in accordance
with § 770.20(d)(1);
*
*
*
*
*
■ 7. In § 770.17, paragraph (a)(3) is
revised to read as follows:
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§ 770.17
resins.
No-added formaldehyde-based
(a) * * *
(3) At least one test conducted under
the supervision of an EPA TSCA Title
VI TPC pursuant to test method ASTM
E1333–14 or ASTM D6007–14
(incorporated by reference, see
§ 770.99). Test results obtained by
ASTM D6007–14 must include a
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showing of equivalence in accordance
with § 770.20(d)(1); and
*
*
*
*
*
■ 8. In § 770.18, paragraph (a)(3) is
revised to read as follows:
§ 770.18
resins.
Ultra low-emitting formaldehyde
(a) * * *
(3) At least two tests conducted under
the supervision of an EPA TSCA Title
VI TPC pursuant to test method ASTM
E1333–14 or ASTM D6007–14
(incorporated by reference, see
§ 770.99). Test results obtained by
ASTM D6007–14 must include a
showing of equivalence in accordance
with § 770.20(d)(1); and
*
*
*
*
*
■ 9. In § 770.20, paragraphs (b)(1)(i)
through (iii), (vi), and (vii), (c)(1), (d)
introductory text, (d)(1), (d)(2)
introductory text, and (d)(2)(i) are
revised to read as follows:
§ 770.20
Testing requirements.
*
*
*
*
*
(b) * * *
(1) * * *
(i) ASTM D6007–14 (incorporated by
reference, see § 770.99).
(ii) ASTM D5582–14 (incorporated by
reference, see § 770.99).
(iii) BS EN ISO 12460–3:2015 E (Gas
Analysis Method) (incorporated by
reference, see § 770.99).
*
*
*
*
*
(vi) BS EN ISO 12460–5:2015 E
(Perforator Method) (incorporated by
reference, see § 770.99).
(vii) JIS A 1460:2015(E) (24-hr
Desiccator Method) (incorporated by
reference, see § 770.99).
*
*
*
*
*
(c) * * *
(1) Allowable methods. Quarterly
testing must be performed using ASTM
E1333–14 (incorporated by reference,
see § 770.99) or, with a showing of
equivalence pursuant to paragraph (d) of
this section, ASTM D6007–14
(incorporated by reference, see
§ 770.99).
*
*
*
*
*
(d) Equivalence or correlation.
Equivalence or correlation between
ASTM E1333–14 (incorporated by
reference, see § 770.99) and any other
test method used for quarterly or quality
control testing must be demonstrated by
EPA TSCA Title VI TPCs or panel
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5347
producers, respectively, at least once
each year for each testing apparatus or
whenever there is a significant change
in equipment, procedure, or the
qualifications of testing personnel. Once
equivalence or correlation have been
established for three consecutive years,
equivalence or correlation must be
demonstrated every two years or
whenever there is a significant change
in equipment, procedure, or the
qualifications of testing personnel.
(1) Equivalence between ASTM
E1333–14 and ASTM D6007–14 when
used by the TPC for quarterly testing.
Equivalence must be demonstrated for
at least five comparison sample sets,
which compare the results of the two
methods. Equivalence must be
demonstrated for each small chamber
used and for the ranges of emissions of
composite wood products tested by the
TPC.
(i) Samples. (A) For the ASTM
E1333–14 method (incorporated by
reference, see § 770.99), each
comparison sample must consist of the
result of testing panels, using the
applicable loading ratios specified in
the ASTM E1333–14 method
(incorporated by reference, see
§ 770.99), from similar panels of the
same product type tested by the ASTM
D6007–14 method (incorporated by
reference, see § 770.99).
(B) For the ASTM D6007–14 method
(incorporated by reference, see
§ 770.99), each comparison sample shall
consist of testing specimens
representing portions of panels similar
to the panels tested in the ASTM
E1333–14 method (incorporated by
reference, see § 770.99) and matched to
their respective ASTM E1333–14
method (incorporated by reference, see
§ 770.99) comparison sample result.
The ratio of air flow to sample surface
area specified in ASTM D6007–14
(incorporated by reference, see § 770.99)
must be used.
(C) The five comparison sample must
consist of testing a minimum of five
sample sets as measured by the ASTM
E1333–14 method (incorporated by
reference, see § 770.99).
(ii) Average and standard deviation.
The arithmetic mean, x, and standard
deviation, S, of the difference of all
comparison sets must be calculated as
follows:
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Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Rules and Regulations
values for the i th set; and i ranges from
1 to n.
(iii) Equivalence determination. The
ASTM D6007–14 method (incorporated
by reference, see § 770.99) is considered
equivalent to the ASTM E1333–14
method (incorporated by reference, see
§ 770.99) if the following condition is
met:
Where C is equal to 0.026.
(2) Correlation between ASTM E1333–
14 and any quality control test method.
Correlation must be demonstrated by
establishing an acceptable correlation
coefficient (‘‘r’’ value).
(i) Correlation. The correlation must
be based on a minimum sample size of
five data pairs and a simple linear
regression where the dependent variable
(Y-axis) is the quality control test value
and the independent variable (X-axis) is
the ASTM E1333–14 (incorporated by
reference, see § 770.99) test value or,
upon a showing of equivalence in
accordance with paragraph (d) of this
section, the equivalent ASTM D6007–14
(incorporated by reference, see § 770.99)
test value. Either composite wood
products or formaldehyde emissions
reference materials can be used to
establish the correlation.
*
*
*
*
*
■ 10. In § 770.99, paragraphs (a)
introductory text, (a)(5) through (8),
(b)(1) through (5), (c)(1) and (2), (f)(1),
and (g)(1) and (2) are revised to read as
follows:
ANSI A135.7–2012, ANSI A208.1–2016
and ANSI A208.2–2016 are published
by the Composite Panel Association;
and ANSI/HPVA–HP–1–2016 is
published by the Hardwood Plywood
Veneer Association.
*
*
*
*
*
(5) ANSI A190.1–2017, Standard for
Wood Products—Structural Glued
Laminated Timber, Approved January
24, 2017, IBR approved for § 770.1(c).
(6) ANSI A208.1–2016, Particleboard,
Approved May 12, 2016, IBR approved
for § 770.3.
(7) ANSI A208.2–2016, Medium
Density Fiberboard (MDF) for Interior
Applications, Approved May 12, 2016,
IBR approved for § 770.3.
(8) ANSI/HPVA HP–1–2016,
American National Standard for
Hardwood and Decorative Plywood,
Approved January 12, 2016, IBR
approved for § 770.3.
(b) * * *
(1) ASTM D5055–16, Standard
Specification for Establishing and
Monitoring Structural Capacities of
Prefabricated Wood I-Joists, Approved
June 1, 2016, IBR approved for
§ 770.1(c).
(2) ASTM D5456–14b, Standard
Specification for Evaluation of
Structural Composite Lumber Products,
Approved October 1, 2014, IBR
approved for § 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 § 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 §§ 770.3, 770.7(a) through
(c), 770.15(c), 770.17(a), 770.18(a), and
770.20(b) through (d).
(5) ASTM E1333–14, 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 §§ 770.3,
770.7(a) through (c), 770.10(b),
770.15(c), 770.17(a), 770.18(a), and
770.20(c) and (d).
(c) * * *
(1) BS EN ISO 12460–3:2015 E, Woodbased panels.—Determination of
formaldehyde release—Part 3: Gas
analysis method, November 2015, IBR
approved for § 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 § 770.20(b).
*
*
*
*
*
(f) * * *
(1) JIS A 1460:2015(E), Determination
of the emission of formaldehyde from
building boards—Desiccator method,
First English edition, published 2015–
10, IBR approved for § 770.20(b).
*
*
*
*
*
(g) * * *
(1) PS 1–09, Structural Plywood, May
2010, IBR approved for §§ 770.1(c) and
770.3.
(2) PS 2–10, Performance Standard for
Wood-Based Structural-Use Panels, June
§ 770.99
Incorporation by reference.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(a) CPA, APA, and HPVA Materials.
Copies of these materials may be
obtained from the specific publisher, as
noted in this paragraph (a), or from the
American National Standards Institute,
1899 L Street NW, 11th Floor,
Washington, DC 20036, or by calling
(202) 293–8020, or at https://ansi.org/.
Note that ANSI A190.1–2017 is
published by APA—the Engineered
Wood Association. ANSI A135.4–2012,
ANSI A135.5–2012, ANSI A135.6–2012,
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17:31 Feb 06, 2018
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ER07FE18.001 ER07FE18.002
Where x = arithmetic mean; S =
standard deviation; n = number of sets;
D i = difference between the ASTM
E1333–14 and ASTM D6007–14 method
(incorporated by reference, see § 770.99)
Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Rules and Regulations
2011, IBR approved for §§ 770.1(c) and
770.3.
[FR Doc. 2018–02144 Filed 2–6–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 170303230–8047–02]
RIN 0648–BG72
List of Fisheries for 2018
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
The National Marine
Fisheries Service (NMFS) publishes its
final List of Fisheries (LOF) for 2018, as
required by the Marine Mammal
Protection Act (MMPA). The LOF for
2018 reflects new information on
interactions between commercial
fisheries and marine mammals. NMFS
must classify each commercial fishery
on the LOF into one of three categories
under the MMPA based upon the level
of mortality and serious injury of marine
mammals that occurs incidental to each
fishery. The classification of a fishery on
the LOF determines whether
participants in that fishery are subject to
certain provisions of the MMPA, such as
registration, observer coverage, and take
reduction plan (TRP) requirements.
DATES: The applicability date of this
final rule is March 9, 2018.
ADDRESSES: Chief, Marine Mammal and
Sea Turtle Conservation Division, Office
of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD
20910.
SUMMARY:
sradovich on DSK3GMQ082PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Kristy Long, Office of Protected
Resources, 301–427–8402; Allison
Rosner, Greater Atlantic Region, 978–
281–9328; Jessica Powell, Southeast
Region, 727–824–5312; Dan Lawson,
West Coast Region, 562–980–3209;
Suzie Teerlink, Alaska Region, 907–
586–7240; Kevin Brindock, Pacific
Islands Region, 808–725–5146.
Individuals who use a
telecommunications device for the
hearing impaired may call the Federal
Information Relay Service at 1–800–
877–8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:31 Feb 06, 2018
Jkt 244001
What is the List of Fisheries?
Section 118 of the MMPA requires
NMFS to place all U.S. commercial
fisheries into one of three categories
based on the level of incidental
mortality and serious injury of marine
mammals occurring in each fishery (16
U.S.C. 1387(c)(1)). The classification of
a fishery on the LOF determines
whether participants in that fishery may
be required to comply with certain
provisions of the MMPA, such as
registration, observer coverage, and take
reduction plan requirements. NMFS
must reexamine the LOF annually,
considering new information in the
Marine Mammal Stock Assessment
Reports (SARs) and other relevant
sources, and publish in the Federal
Register any necessary changes to the
LOF after notice and opportunity for
public comment (16 U.S.C. 1387
(c)(1)(C)).
How does NMFS determine in which
category a fishery is placed?
The definitions for the fishery
classification criteria can be found in
the implementing regulations for section
118 of the MMPA (50 CFR 229.2). The
criteria are also summarized here.
Fishery Classification Criteria
The fishery classification criteria
consist of a two-tiered, stock-specific
approach that first addresses the total
impact of all fisheries on each marine
mammal stock and then addresses the
impact of individual fisheries on each
stock. This approach is based on
consideration of the rate, in numbers of
animals per year, of incidental
mortalities and serious injuries of
marine mammals due to commercial
fishing operations relative to the
potential biological removal (PBR) level
for each marine mammal stock. The
MMPA (16 U.S.C. 1362 (20)) defines the
PBR level as the maximum number of
animals, not including natural
mortalities, that may be removed from a
marine mammal stock while allowing
that stock to reach or maintain its
optimum sustainable population (OSP).
This definition can also be found in the
implementing regulations for section
118 of the MMPA (50 CFR 229.2).
Tier 1: Tier 1 considers the
cumulative fishery mortality and serious
injury for a particular stock. If the total
annual mortality and serious injury of a
marine mammal stock, across all
fisheries, is less than or equal to 10
percent of the PBR level of the stock, all
fisheries interacting with the stock will
be placed in Category III (unless those
fisheries interact with other stock(s) for
which total annual mortality and
PO 00000
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Fmt 4700
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5349
serious injury is greater than 10 percent
of PBR). Otherwise, these fisheries are
subject to the next tier (Tier 2) of
analysis to determine their
classification.
Tier 2: Tier 2 considers fisheryspecific mortality and serious injury for
a particular stock.
Category I: Annual mortality and
serious injury of a stock in a given
fishery is greater than or equal to 50
percent of the PBR level (i.e., frequent
incidental mortality and serious injury
of marine mammals).
Category II: Annual mortality and
serious injury of a stock in a given
fishery is greater than 1 percent and less
than 50 percent of the PBR level (i.e.,
occasional incidental mortality and
serious injury of marine mammals).
Category III: Annual mortality and
serious injury of a stock in a given
fishery is less than or equal to 1 percent
of the PBR level (i.e., a remote
likelihood of or no known incidental
mortality and serious injury of marine
mammals).
Additional details regarding how the
categories were determined are
provided in the preamble to the final
rule implementing section 118 of the
MMPA (60 FR 45086; August 30, 1995).
Because fisheries are classified on a
per-stock basis, a fishery may qualify as
one category for one marine mammal
stock and another category for a
different marine mammal stock. A
fishery is typically classified on the LOF
at its highest level of classification (e.g.,
a fishery qualifying for Category III for
one marine mammal stock and for
Category II for another marine mammal
stock will be listed under Category II).
Stocks driving a fishery’s classification
are denoted with a superscript ‘‘1’’ in
Tables 1 and 2.
Other Criteria That May Be Considered
The tier analysis requires a minimum
amount of data, and NMFS does not
have sufficient data to perform a tier
analysis on certain fisheries. Therefore,
NMFS has classified certain fisheries by
analogy to other Category I or II fisheries
that use similar fishing techniques or
gear that are known to cause mortality
or serious injury of marine mammals, or
according to factors discussed in the
final LOF for 1996 (60 FR 67063;
December 28, 1995) and listed in the
regulatory definition of a Category II
fishery: In the absence of reliable
information indicating the frequency of
incidental mortality and serious injury
of marine mammals by a commercial
fishery, NMFS will determine whether
the incidental mortality or serious
injury is ‘‘frequent,’’ ‘‘occasional,’’ or
‘‘remote’’ by evaluating other factors
E:\FR\FM\07FER1.SGM
07FER1
Agencies
[Federal Register Volume 83, Number 26 (Wednesday, February 7, 2018)]
[Rules and Regulations]
[Pages 5340-5349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02144]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 770
[EPA-HQ-OPPT-2017-0245; FRL-9972-68]
RIN 2070-AK36
Voluntary Consensus Standards Update; Formaldehyde Emission
Standards for Composite Wood Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is publishing this final rule to revise the formaldehyde
standards for composite wood products regulations . The revision
updates the incorporation by reference of multiple voluntary consensus
standards that have been updated, superseded, or withdrawn, and
provides a technical correction to allow panel producers to correlate
their approved quality control test method to the ASTM E1333-14 test
chamber, or, upon showing equivalence, the ASTM D6007-14 test chamber.
DATES: This final rule is effective on February 7, 2018. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of February 7,
2018.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2017-0245, is available at
https://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket),
[[Page 5341]]
Environmental Protection Agency Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the OPPT Docket is (202) 566-0280. Please review the visitor
instructions and additional information about the docket available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Erik Winchester, National
Program Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 564-6450; 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. Does this action apply to me?
You may be affected by this final rule if you manufacture
(including import), sell, supply, offer for sale, test, or work with
certification firms that certify hardwood plywood, medium-density
fiberboard, particleboard, and/or products containing these composite
wood materials in the United States. The following list of North
American Industrial Classification System (NAICS) codes is not intended
to be exhaustive, but rather provides a guide to help readers determine
whether this document applies to them. Potentially affected entities
may include:
Veneer, plywood, and engineered wood product manufacturing
(NAICS code 3212).
Manufactured home (mobile home) manufacturing (NAICS code
321991).
Prefabricated wood building manufacturing (NAICS code
321992).
Furniture and related product manufacturing (NAICS code
337).
Furniture merchant wholesalers (NAICS code 42321).
Lumber, plywood, millwork, and wood panel merchant
wholesalers (NAICS code 42331).
Other construction material merchant wholesalers (NAICS
code 423390), e.g., merchant wholesale distributors of manufactured
homes (i.e., mobile homes) and/or prefabricated buildings.
Furniture stores (NAICS code 4421).
Building material and supplies dealers (NAICS code 4441).
Manufactured (mobile) home dealers (NAICS code 45393).
Motor home manufacturing (NAICS code 336213).
Travel trailer and camper manufacturing (NAICS code
336214).
Recreational vehicle (RV) dealers (NAICS code 441210).
Recreational vehicle merchant wholesalers (NAICS code
423110).
Engineering services (NAICS code 541330).
Testing laboratories (NAICS code 541380).
Administrative management and general management
consulting services (NAICS code 541611).
All other professional, scientific, and technical services
(NAICS code 541990).
All other support services (NAICS code 561990).
Business associations (NAICS code 813910).
Professional organizations (NAICS code 813920).
If you have any questions regarding the applicability of this
action, please consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
II. Background
A. What action is the Agency taking?
Following the publication of a Notice of Proposed Rulemaking (see
78 FR 34796 and 78 FR 34820) and promulgation of EPA's December 12,
2016 final rule addressing formaldehyde emission standards for
composite wood products (81 FR 89674), multiple voluntary consensus
standards that were incorporated by reference have been updated or
withdrawn and superseded. EPA is incorporating by reference into the
regulations at 40 CFR part 770 current versions of the voluntary
consensus standards assembled by:
APA--the Engineered Wood Association,
Composite Panel Association (CPA),
American National Standards Institute (ANSI),
American Society for Testing and Materials (ASTM),
International Organization for Standardization (ISO),
Japanese Standards Association (JIS), and
National Institute of Standards and Technology (NIST).
EPA is taking action to update several voluntary consensus
standards in the formaldehyde emission standards for composite wood
products final rule to reflect the current editions that are in-use by
regulated entities and industry stakeholders. EPA believes that this
action is warranted to facilitate regulated entities using the most up-
to-date voluntary consensus standards to comply with the final rule.
1. Direct final rule and notice of proposed rulemaking. The Agency
published a direct final rule on October 25, 2017 (82 FR 49287) to
update several voluntary consensus standards that since publication of
the December 12, 2016 final rule, have been updated, superseded, or
withdrawn. Additionally, the action would have updated an existing
regulatory provision regarding the correlation of quality control test
methods. The Agency solicited public comment on a parallel proposed
action by issuing a companion Notice of Proposed Rulemaking (82 FR
49308) with the direct final rule. If EPA received adverse public
comment and had to withdraw the direct final rule, this parallel
proposed action would continue. EPA received six comments on this
action; three comments were not germane to the action, two were
supportive, and one of which the Agency considered to be adverse; thus,
the direct final rule was withdrawn on December 8, 2017, as published
in the Federal Register (82 FR 57874).
Having withdrawn the direct final rule, EPA is taking action based
on the companion Notice of Proposed Rulemaking (NPRM), which includes
consideration of all public comments submitted in response to the
provisions discussed in the direct final rule and companion proposal.
EPA is issuing this final rule and a Response to Comments document
which addresses all of the comments received on this action. The
response to comments document can be found in the supporting documents
section of the final rule section of the docket for this action.
2. Final rule. EPA is updating the references for multiple
voluntary consensus standards that were incorporated by reference into
the formaldehyde emission standards for composite wood products
regulations (40 CFR part 770) because they have been updated,
superseded, or withdrawn by their respective organization, as proposed
in the companion NPRM. Table 1 of this preamble outlines only the
voluntary consensus standards being addressed in this rulemaking and
their respective updated versions. Under 1 CFR part 51, the Director of
the Federal Register indefinitely approves specific versions of
individual standards for use in clearly identified sections. The
incorporation by reference of any other
[[Page 5342]]
voluntary consensus standard in part 770 remains unchanged. EPA would
need to initiate additional rulemaking to change any material
incorporated by reference in the part, including adding, updating, or
removing standard.
Table 1--Voluntary Consensus Standards Comparison
------------------------------------------------------------------------
Update to be
Current standard established Status promulgated effective
by final rule 81 (FR 89674) February 7, 2018
------------------------------------------------------------------------
ANSI/AITC A190.1-2002 American Updated version.. ANSI A190.1-2017
National Standard for Standard for Wood
Structural Glued Laminated Products--Structural
Timber 1. Glued Laminated
Timber 1.
ANSI A208.1-2009 American Updated version.. ANSI A208.1-2016
National Standard for American National
Particleboard. Standard for
Particleboard.
ANSI A208.2-2009 American Updated version.. ANSI A208.2-2016
National Standard for Medium American National
Density Fiberboard for Standard for Medium
Interior Applications. Density Fiberboard
for Interior
Applications.
ANSI-HPVA HP-1-2009 American Updated version.. ANSI-HPVA HP-1-2016
National Standard for American National
Hardwood and Decorative Standard for
Plywood. Hardwood and
Decorative Plywood.
ASTM D5055-05 Standard Updated version.. ASTM D5055-16
Specification for Standard
Establishing and Monitoring Specification for
Structural Capacities of Establishing and
Prefabricated Wood I-Joists. Monitoring
Structural
Capacities of
Prefabricated Wood I-
Joists.
ASTM D5456-06 Standard Updated version.. ASTM D5456-14b
Specification for Evaluation Standard
of Structural Composite Specification for
Lumber Products. Evaluation of
Structural Composite
Lumber Products.
ASTM D5582-00 Standard Test Updated version.. ASTM D5582-14
Method for Determining Standard Test Method
Formaldehyde Levels from Wood for Determining
Products Using a Desiccator. Formaldehyde Levels
from Wood Products
Using a Desiccator.
ASTM D6007-02 Standard Test Updated version.. ASTM D6007-14
Method for Determining Standard Test Method
Formaldehyde Concentrations for Determining
in Air from Wood Products Formaldehyde
Using a Small-Scale Chamber. Concentrations in
Air from Wood
Products Using a
Small-Scale Chamber.
ASTM E1333-10 Standard Test Updated version.. ASTM E1333-14
Method for Determining Standard Test Method
Formaldehyde Concentration in for Determining
Air and Emission Rated from Formaldehyde
Wood Products Using a Large Concentration in Air
Chamber. and Emission Rates
from Wood Products
Using a Large
Chamber.
BS EN 717-2: 1995 Wood-based Withdrawn, BS EN ISO 12460-
panels--Determination of superseded by BS 3:2015 Wood-based
formaldehyde release--Part 2: EN ISO 12460- panels--Determinatio
Formaldehyde release by the 3:2015. n of formaldehyde
gas analysis method. release. Part 3: Gas
analysis method.
BS EN 120: 1992 Wood-based Withdrawn, BS EN ISO 12460-
panels. Determination of superseded by BS 5:2015 Wood-based
formaldehyde content-- EN ISO 12460- panels--Determinatio
Extraction method called the 5:2015. n of formaldehyde
perforator method. release. Part 5:
Extraction method
(called the
perforator method).
JIS A1460:2001(E) Building Updated version.. JIS A1460:2015
boards-determination of Determination of the
formaldehyde emission-- emission of
Desiccator method. formaldehyde from
building boards--
Desiccator method.
PS-1-07 Structural Plywood.... Updated version.. PS-1-09 Structural
Plywood.
PS-2-04 Performance Standard Updated version.. PS-2-10 Performance
for Wood-Based Structural-Use Standard for Wood-
Panels. Based Structural-Use
Panels.
------------------------------------------------------------------------
1 Note that the ANSI/AITC 190.1-2002 Standard is no longer under the
American Institute of Timber Construction purview for the 2017
version, and is now an APA--the Engineered Wood Association managed
standard.
EPA adopts all of the updated versions of the standards referenced
in Table 1 in this rule. Any future versions or updates to withdrawn/
superseded standards will be announced by EPA through a separate
Federal Register document with opportunity for public comment.
EPA is also taking final action on several technical corrections to
references to the ISO/IEC 17020:2012(E) in the testing correlation
requirements under Sec. 770.20, as discussed below. The Agency did not
receive any adverse comment related specifically to these technical
corrections.
EPA received approval to incorporate ISO/IEC 17020: 2012(E) by
reference into part 770, as part of the December 2016 final rule,
instead of the 1998 version that was originally proposed. However, that
updated version was not reflected everywhere in that published rule.
This rule corrects those remaining instances and ensures that all of
the references are to the version of the standard that is approved for
incorporation by reference.
EPA is also finalizing a revision at Sec. 770.20(d)(2)(i) to allow
the correlation of the tests conducted through the quality control
methods listed in Sec. 770.20(b) to either ASTM E1333-14 or, upon a
showing of equivalence, ASTM D6007-14 test chamber tests. The
California Air Resources Board (CARB) under its Air Toxic Control
Measure (ATCM) has approved the use of ASTM D6007-14 test chambers that
have previously shown equivalence under Sec. 770.20(d) to an ASTM
E1333-14 test chamber to be correlated to other mill quality control
method tests listed in Sec. 770.20(b). According to CARB staff, this
is the commonly used method for conducting correlation between test
methods. Several third-party certifiers, regulated entities and their
associations expressed the importance of allowing mill quality control
tests to be correlated to ASTM D6007-14 test chambers as they currently
operate under the CARB ATCM using this approach and not allowing test
chamber correlation in this manner under TSCA Title VI would
significantly disrupt product certifications and supply chain
processes. EPA agrees that significant disruptions would occur,
including problems with completing testing which would lead to
significant shortfalls in supply of TSCA Title VI certified product if
the correlation of mill quality control tests were allowed only through
the use of ASTM E1333-14 test chambers. Additionally, based on
consultations with the CARB staff, allowing correlation to be
established through the use of ASTM D6007-14 test chambers in addition
to the ASTM E1333-14 test chambers does not result in a decrease in
testing reliability and yields comparable results if the ASTM D6007-14
test chambers have shown equivalence to the ASTM E1333-14 test
chambers. To maintain consistency with this revision, EPA is also
updating the definition of quality control limit (QCL)
[[Page 5343]]
to allow for the use of the ASTM E1333-14 test chamber, or, upon
showing equivalence, the ASTM D6007-14 test chamber.
To aid mills and third-party certifiers in understanding the
practical implications of this revision, and to help them implement
this revision into the TSCA Title VI program, the Agency is clarifying
that data generated beginning December 12, 2016 using an ASTM E1333-10
test chamber, or, upon showing equivalence, an ASTM D6007-02 test
chamber, and a panel producer's quality control (QC) test method under
Sec. 770.20(b)(1) may be used to establish the required annual
correlation. Data generated beginning December 12, 2016 from a panel
producer's QC test method under Sec. 770.20(b)(1) that has been
correlated to either an ASTM E1333-10 test chamber, or, upon showing
equivalence, an ASTM D6007-02 test chamber, may be used to certify
compliant composite wood products under the TSCA Title VI program until
a new annual correlation is required. Beginning on February 7, 2018,
data used to establish correlations must be generated using an ASTM
E1333-14 test chamber, or, upon showing equivalence, an ASTM D6007-14
test chamber and the panel producer's QC test method under Sec.
770.20(b)(1).
B. What is the Agency's authority for taking this action?
These regulations are established under authority of Section 601 of
TSCA, 15 U.S.C. 2697.
III. Effective Date
This final rule is not subject to the 30-day delay of effective
date generally required by 5 U.S.C. 553(d) because the amendments
relieve a restriction. See 5 U.S.C. 553(d)(1). Specifically, the
current regulation requires the correlation of the tests conducted
through the quality control methods listed in Sec. 770.20(b) to be to
ASTM E1333-14 test chamber tests. The amendments allow the correlation
of the tests conducted through the quality control methods listed in
Sec. 770.20(b) to be to either ASTM E1333-14 or, upon a showing of
equivalence, ASTM D6007-14 test chamber tests. This will provide
another option for testing and facilitate compliance by the regulated
entities. The amendments regarding the voluntary consensus standards
reflect the current voluntary consensus standards. To the extent that
the regulation required regulated entities to demonstrate compliance
according to outdated standards that have been updated, superseded, or
withdrawn by their respective organization, this change relieves that
restriction. This will avoid confusion over compliance, as the amended
versions represent the current voluntary consensus standards in use.
Moreover, EPA also finds that there is ``good cause'' under 5 U.S.C.
553(d)(3) to make the updates to the voluntary consensus standards
effective upon publication. The references for the voluntary consensus
standards are being updated because the prior versions have been
updated, superseded, or withdrawn by their respective organization. If
these updates were delayed by 30 days, regulated entities would face
uncertainty about whether current standards could be used to comply
with the rule. In addition, the regulated entities do not need a 30-day
delay in the effective date to prepare for these amendments because
they are already familiar with and able to apply the current voluntary
consensus standards.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs
This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA because it does not create any new reporting or
recordkeeping obligations. OMB has previously approved the information
collection activities contained in the existing regulations and has
assigned OMB control number 2070-0185.
D. Regulatory Flexibility Act (RFA)
The Agency certifies that this action will not have a significant
economic impact on a substantial number of small entities under the
RFA. In making this determination, the impact of concern is any
significant adverse economic impact on small entities. An agency may
certify that a rule will not have a significant economic impact on a
substantial number of small entities if the rule relieves regulatory
burden, has no net burden or otherwise has a positive economic effect
on the small entities subject to the rule. This rule updates the
voluntary consensus standards that were incorporated by reference in
the final rule to the most current versions. 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 standards listed in Table
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 Sec. 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 relieve
or have no net regulatory burden for directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This final rule will not impose substantial
direct compliance costs on Indian tribal governments. Thus, Executive
Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045, because it
does not concern an environmental health risk or safety risk. This
action is not subject to Executive Order 13045 because it is not
economically significant as defined in Executive Order 12866, and
because EPA does not believe the environmental health or safety risks
addressed by this
[[Page 5344]]
action present a disproportionate risk to children. As addressed in
Unit II.A., this action would not materially alter the final rule as
published, and will update existing voluntary consensus standards
incorporated by reference in the final rule and provide an amendment to
the testing requirements at Sec. 770.20.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51
This action involves voluntary consensus standards, many of which
EPA is directed to use by TSCA Title VI. Voluntary consensus standards
identified in the statute have been updated by the voluntary consensus
standard management bodies which antiquates the statutorily required
versions.
EPA is updating voluntary consensus standards as issued by ASTM
International, ANSI, APA, HPVA, NIST, BSI, and JIS. Copies of the
standards referenced in the regulatory text have been placed in the
docket for this rule. Additionally, each of these standards is
available for inspection at the OPPT Docket in the EPA Docket Center
(EPA/DC) at Rm. 3334, EPA, West Bldg., 1301 Constitution Ave. NW,
Washington, DC. The EPA/DC Public Reading Room hours of operation are
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. EPA has determined that all of these standards are reasonably
available to the class of persons affected by this rulemaking. The
following voluntary consensus standards are being updated:
(a) APA, CPA, and HPVA standards. Copies of these standards may be
obtained from the specific publisher, as noted below, or from the
American National Standards Institute, 1899 L Street NW, 11th Floor,
Washington, DC 20036, or by calling (202) 293-8020, or at https://ansi.org. Note that ANSI/APA A190.1-2017 is published by APA--the
Engineered Wood Association. ANSI A208.1-2016 and ANSI A208.2-2016 are
published by the Composite Panel Association. And ANSI ANSI/HPVA-HP-1-
2016 is published by the Hardwood Plywood Veneer Association.
1. ANSI/APA A190.1-2017, Structural Glued Laminated Timber. This
standard describes minimum requirements for the manufacture and
production of structural glued laminated timber, including size
tolerances, grade combinations, lumber, adhesives, and appearance
grades.
2. ANSI A208.1-2016, American National Standard, Particleboard.
This standard describes the requirements and test methods for
dimensional tolerances, physical and mechanical properties and
formaldehyde emissions for particleboard, along with methods of
identifying products conforming to the standard.
3. ANSI A208.2-2016, American National Standard, Medium Density
Fiberboard (MDF) for Interior Applications. This standard describes the
requirements and test methods for dimensional tolerances, physical and
mechanical properties and formaldehyde emissions for MDF, along with
methods of identifying products conforming to the standard.
4. ANSI/HPVA HP-1-2016, American National Standard for Hardwood and
Decorative Plywood. This standard details the specific requirements for
all face, back, and inner ply grades of hardwood plywood as well as
formaldehyde emission limits, moisture content, tolerances, sanding,
and grade marking.
(b) ASTM material. Copies of these materials may be obtained from
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959, or by calling (877) 909-ASTM, or at https://www.astm.org.
1. ASTM E1333-14, Determining Formaldehyde Concentrations in Air
and Emission Rates from Wood Products Using a Large Chamber. This test
method measures the formaldehyde concentration in air and emission rate
from wood products containing formaldehyde under conditions designed to
simulate product use. The concentration in air and emission rate is
determined in a large chamber under specific test conditions of
temperature and relative humidity. The general procedures are also
intended for testing product combinations at product-loading ratios and
at air-exchange rates typical of the indoor environment.
2. ASTM D6007-14, Determining Formaldehyde Concentrations in Air
from Wood Products Using a Small-Scale Chamber. This test method
measures the formaldehyde concentrations in air from wood products
under defined test conditions of temperature and relative humidity.
Results obtained from this small-scale chamber test method are intended
to be comparable to results obtained testing larger product samples by
the large chamber test method for wood products, Test Method E 1333.
3. ASTM D5582-14, Determining Formaldehyde Levels from Wood
Products Using a Dessicator. This test method describes a small scale
procedure for measuring formaldehyde emissions potential from wood
products. The formaldehyde level is determined by collecting airborne
formaldehyde in a small distilled water reservoir within a closed
desiccator. The quantity of formaldehyde is determined by a
chromotropic acid test procedure.
4. ASTM D5456-14b, Evaluation of Structural Composite Lumber
Products. This specification describes initial qualification sampling,
mechanical and physical tests, analysis, and design value assignments.
Requirements for a quality-control program and cumulative evaluations
are included to ensure maintenance of allowable design values for the
product.
5. ASTM D5055-16, Establishing and Monitoring Structural Capacities
of Prefabricated Wood I-Joists. This specification gives procedures for
establishing, monitoring, and reevaluating structural capacities of
prefabricated wood I-joists, such as shear, moment, and stiffness. The
specification also provides procedures for establishing common details
and itemizes certain design considerations specific to wood I-joists.
(c) CEN materials. Copies of these materials are not directly
available from the European Committee for Standardization, but from one
of CEN's National Members, Affiliates, or Partner Standardization
Bodies. To purchase a standard, go to CEN's website, https://www.cen.eu,
and select ``Products'' for more detailed information.
1. BS EN 12460-3: 2015, Wood-based Panels--Determination of
Formaldehyde Release [Part 3: Gas Analysis Method]. This British
Version of the European standard describes a procedure for
determination of accelerated formaldehyde release from wood-based
panels.
2. BS EN 12460-5: 2015, Wood-based Panels--Determination of
Formaldehyde Release [Part 5: Extraction Method (Called the Perforator
Method)]. This British Version of the European standard describes an
extraction method, known as the perforator method, for determining the
formaldehyde content of unlaminated and uncoated wood-based panels.
(d) Copies of JIS A 1460: 2015, Determination of the Emission of
Formaldehyde from Building Boards--
[[Page 5345]]
Desiccator Method, English Version, may be obtained from Japanese
Industrial Standards, 1-24, Akasaka 4, Minatoku, Tokyo 107-8440, Japan,
or by calling +81-3-3583-8000, or at https://www.jsa.or.jp. This method
describes a method for testing formaldehyde emissions from construction
boards by measuring the concentration of formaldehyde absorbed in
distilled or deionized water from samples of a specified surface area
placed in a glass desiccator for 24 hours.
(e) NIST material. Copies of these materials may be obtained from
the National Institute of Standards and Technology (NIST) by calling
(800) 553-6847 or from the U.S. Government Printing Office (GPO). To
purchase a NIST publication you must have the order number. Order
numbers may be obtained from the Public Inquiries Unit at (301) 975-
NIST. Mailing address: Public Inquiries Unit, NIST, 100 Bureau Dr.,
Stop 1070, Gaithersburg, MD 20899-1070. If you have a GPO stock number,
you can purchase printed copies of NIST publications from GPO. GPO
orders may be mailed to: U.S. Government Printing Office, P.O. Box
979050, St. Louis, MO 63197-9000, placed by telephone at (866) 512-1800
(DC Area only: (202) 512-1800), or faxed to (202) 512-2104. Additional
information is available online at: https://www.nist.gov.
1. PS 1-09, Structural Plywood. This standard describes the
principal types and grades of structural plywood, covering the wood
species, veneer grading, adhesive bonds, panel construction and
workmanship, dimensions and tolerances, marking, moisture content and
packaging of structural plywood intended for construction and
industrial uses. Test methods to determine compliance and a glossary of
trade terms and definitions are included, as is a quality certification
program involving inspection, sampling, and testing of products
identified as complying with this standard by qualified testing
agencies.
2. PS 2-10, Performance Standard for Wood-Based Structural-Use
Panels. This standard covers performance requirements, adhesive bond
performance, panel construction and workmanship, dimensions and
tolerances, marking, and moisture content of structural-use panels,
such as plywood, waferboard, oriented strand board, 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.
K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA has determined that the human health or environmental risk
addressed by this action will not have potential disproportionately
high and adverse human health or environmental effects on minority,
low-income or indigenous populations, as specified in Executive Order
12898. As addressed in Unit II.A., this action would not materially
alter the final rule as published, and will update existing voluntary
consensus standards incorporated by reference in the final rule and
provide an amendment to the testing requirements at Sec. 770.20.
L. Congressional Review Act (CRA)
This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). Section 808 of the CRA allows the issuing agency to make
a rule effective sooner than otherwise provided by CRA if the agency
makes a good cause finding that notice and public procedure is
impracticable, unnecessary, or contrary to the public interest. As
required by 5 U.S.C. 808(2), this determination is supported by a brief
statement in Unit III.
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: January 26, 2018.
E. Scott Pruitt,
Administrator.
For the reasons set out in the preamble, title 40, chapter I, of
the Code of Federal Regulations is amended as follows:
PART 770--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS
0
1. The authority citation for part 770 continues to read as follows:
Authority: 15 U.S.C. 2697(d).
0
2. In Sec. 770.1, paragraphs (c)(3), (4), (5), (7), and (8) are
revised to read as follows:
Sec. [thinsp]770.1 Scope and applicability.
* * * * *
(c) * * *
(3) Structural plywood, as specified in PS 1-09, Structural Plywood
(incorporated by reference, see Sec. [thinsp]770.99).
(4) Structural panels, as specified in PS 2-10, Performance
Standard for Wood-Based Structural-Use Panels (incorporated by
reference, see Sec. [thinsp]770.99).
(5) Structural composite lumber, as specified in ASTM D5456-14b,
Standard Specification for Evaluation of Structural Composite Lumber
Products (incorporated by reference, see Sec. [thinsp]770.99).
* * * * *
(7) Glued laminated lumber, as specified in ANSI A190.1-2017,
Standard for Wood Products--Structural Glued Laminated Timber
(incorporated by reference, see Sec. [thinsp]770.99).
(8) Prefabricated wood I-joists, as specified in ASTM D5055-16,
Standard Specification for Establishing and Monitoring Structural
Capacities of Prefabricated Wood I-Joists (incorporated by reference,
see Sec. [thinsp]770.99).
* * * * *
0
3. In Sec. [thinsp]770.3:
0
a. In the terms ``EPA TSCA Title VI Product Accreditation Body or EPA
TSCA Title VI Product AB'' and ``TPC laboratory'', remove
``17020:1998(E)'' and add in its place ``17020:2012(E)''; and
0
b. Revise the terms ``Hardboard,'' ``Hardwood plywood,'' ``Medium-
density fiberboard,'' ``Particleboard,'' and ``Quality control limit or
QCL''.
The revisions read as follows:
Sec. [thinsp]770.3 Definitions.
* * * * *
Hardboard means a composite panel composed of cellulosic fibers,
consolidated under heat and pressure in a hot press by: A wet process;
or a dry process that uses a phenolic resin, or a resin system in which
there is no formaldehyde as part of the resin cross-linking structure;
or a wet formed/dry pressed process; and that is commonly or
commercially known, or sold, as hardboard, including any product
conforming to one of the following ANSI standards: Basic Hardboard
(ANSI A135.4-2012) (incorporated by reference, see Sec.
[thinsp]770.99), Prefinished Hardboard Paneling (ANSI A135.5-2012)
(incorporated by reference, see Sec. [thinsp]770.99), Engineered Wood
Siding (ANSI A135.6-2012) (incorporated by reference, see Sec.
[thinsp]770.99), or Engineered Wood Trim (ANSI A135.7-2012)
(incorporated by reference, see Sec. [thinsp]770.99). There is a
rebuttable
[[Page 5346]]
presumption that products emitting more than 0.06 ppm formaldehyde as
measured by ASTM E1333-14 (incorporated by reference, see Sec.
[thinsp]770.99) or ASTM D6007-14 (incorporated by reference, see Sec.
[thinsp]770.99) are not hardboard.
Hardwood plywood means a hardwood or decorative panel that is
intended for interior use and composed of (as determined under ANSI/
HPVA HP-1-2016 (incorporated by reference, see Sec. [thinsp]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 1-09,
Structural Plywood (incorporated by reference, see Sec.
[thinsp]770.99), or PS 2-10, Performance Standard for Wood-Based
Structural-Use Panels (incorporated by reference, see Sec.
[thinsp]770.99). In addition, hardwood plywood includes laminated
products except as provided at Sec. [thinsp]770.4.
* * * * *
Medium-density fiberboard means a panel composed of cellulosic
fibers made by dry forming and pressing a resinated fiber mat (as
determined under ANSI A208.2-2016 (incorporated by reference, see Sec.
[thinsp]770.99)).
* * * * *
Particleboard means a panel composed of cellulosic material in the
form of discrete particles (as distinguished from fibers, flakes, or
strands) that are pressed together with resin (as determined under ANSI
A208.1-2016 (incorporated by reference, see Sec. [thinsp]770.99)).
Particleboard does not include any product specified in PS 2-10
(incorporated by reference, see Sec. [thinsp]770.99).
* * * * *
Quality control limit or QCL means the value from the quality
control method test that is the correlative equivalent to the
applicable emission standard based on the ASTM E1333-14 method
(incorporated by reference, see Sec. [thinsp]770.99) or, upon showing
equivalence in accordance with Sec. [thinsp]770.20(d), the ASTM D6007-
14 method (incorporated by reference, see Sec. [thinsp]770.99).
* * * * *
0
4. In Sec. [thinsp]770.7:
0
a. In paragraphs (a)(5)(i)(A) introductory text, (b)(1)(iv),
(c)(1)(iii), (c)(2)(v), and (c)(4)(i)(F), remove ``17020:1998(E)'' and
add in its place ``17020:2012(E)''; and
0
b. Revise paragraphs (a)(5)(i)(D) and (F), (b)(5)(i) introductory text,
(c)(1)(ii) and (v), (c)(2)(iv) and (viii), (c)(4)(i)(B), and
(c)(4)(v)(C).
The revisions read as follows:
Sec. [thinsp]770.7 Third-party certification.
(a) * * *
(5) * * *
(i) * * *
(D) A review of the approach that the TPC laboratory will use for
establishing correlation or equivalence between ASTM E1333-14 and ASTM
D6007-14, if used, (incorporated by reference, see Sec.
[thinsp]770.99) or allowable formaldehyde test methods listed under
Sec. [thinsp]770.20.
* * * * *
(F) A review of the accreditation credentials of the TPC
laboratory, including a verification that the laboratory has been
accredited to ISO/IEC 17025:2005(E) (incorporated by reference, see
Sec. [thinsp]770.99) with a scope of accreditation to include this
part--Formaldehyde Standards for Composite Wood Products and the
formaldehyde test methods ASTM E1333-14 and ASTM D6007-14, if used, by
an EPA TSCA Title VI Laboratory AB (incorporated by reference, see
Sec. [thinsp]770.99).
* * * * *
(b) * * *
(5) * * *
(i) Accreditation. EPA TSCA Title VI Laboratory ABs must determine
the accreditation eligibility, and accredit if appropriate, each TPC
seeking recognition under the EPA TSCA Title VI Third-Party
Certification Program by performing an assessment of each TPC. The
assessment must include an on-site assessment by the EPA TSCA Title VI
Laboratory AB to determine whether the laboratory meets the
requirements of ISO/IEC 17025:2005(E) (incorporated by reference, see
Sec. 770.99), is in conformance with ISO/IEC 17020:2012(E)
(incorporated by reference, see Sec. 770.99) and the EPA TSCA Title VI
TPC requirements under this part including the formaldehyde test
methods ASTM E1333-14 and ASTM D6007-14 (incorporated by reference, see
Sec. 770.99), if used. In performing the on-site assessment, the EPA
TSCA Title VI Laboratory AB must:
* * * * *
(c) * * *
(1) * * *
(ii) Be, or have a contract with a laboratory that is, accredited
by an EPA TSCA Title VI Laboratory AB to ISO/IEC 17025:2005(E)
(incorporated by reference, see Sec. [thinsp]770.99) with a scope of
accreditation to include this part--Formaldehyde Standards for
Composite Wood Products--and the formaldehyde test methods ASTM E1333-
14 and ASTM D6007-14, if used (incorporated by reference, see Sec.
[thinsp]770.99);
* * * * *
(v) Have demonstrated experience in performing or verifying
formaldehyde emissions testing on composite wood products, including
experience with test method ASTM E1333-14 and ASTM D6007-14, if used,
(incorporated by reference, see Sec. [thinsp]770.99), and experience
evaluating correlation between test methods. Applicant TPCs that have
demonstrated experience with test method ASTM D6007-14 only, must be
contracting testing with a laboratory that has a large chamber and
demonstrate its experience with ASTM E1333-14.
(2) * * *
(iv) A copy of the TPC laboratory's certificate of accreditation
from an EPA TSCA Title VI Laboratory AB to ISO/IEC 17025:2005(E)
(incorporated by reference, see Sec. [thinsp]770.99) with a scope of
accreditation to include this part--Formaldehyde Standards for
Composite Wood Products--and the formaldehyde test methods ASTM E1333-
14 and ASTM D6007-14 (incorporated by reference, see Sec.
[thinsp]770.99), if used;
* * * * *
(viii) A description of the TPC's experience with test method ASTM
E1333-14 and/or ASTM D6007-14, if used, (incorporated by reference, see
Sec. [thinsp]770.99), and experience evaluating correlation between
test methods. Applicant TPCs that have experience with test method ASTM
D6007-14 only, must be contracting testing with a laboratory that has a
large chamber and describe its experience with ASTM E1333-14; and
* * * * *
(4) * * *
(i) * * *
(B) Verify each panel producer's quality control test results
compared with test results from ASTM E1333-14 and ASTM D6007-14, if
used, (incorporated by reference, see Sec. [thinsp]770.99) by having
the TPC laboratory conduct quarterly tests and evaluate test method
equivalence and correlation as required under Sec. [thinsp]770.20;
* * * * *
(v) * * *
(C) Notification of a panel producer exceeding its established QCL
for more than two consecutive quality control tests within 72 hours of
the time that the TPC becomes aware of the second exceedance. The
notice must include the product type, dates of the quality control
tests that exceeded the QCL, quality control test results, ASTM E1333-
14 (incorporated by reference, see Sec. [thinsp]770.99) or ASTM D6007-
14 method (incorporated by reference, see
[[Page 5347]]
Sec. [thinsp]770.99) correlative equivalent values in accordance with
Sec. [thinsp]770.20(d), the established QCL value(s) and the quality
control method used.
* * * * *
0
5. In Sec. [thinsp]770.10, paragraph (b) introductory text is revised
to read as follows:
Sec. [thinsp]770.10 Formaldehyde emission standards.
* * * * *
(b) The emission standards are based on test method ASTM E1333-14
(incorporated by reference, see Sec. [thinsp]770.99), and are as
follows:
* * * * *
0
6. In Sec. [thinsp]770.15, paragraphs (c)(1)(v) and (c)(2)(iii) are
revised to read as follows:
Sec. [thinsp]770.15 Composite wood product certification.
* * * * *
(c) * * *
(1) * * *
(v) At least five tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec. [thinsp]770.99). Test results
obtained by ASTM D6007-14 must include a showing of equivalence in
accordance with Sec. [thinsp]770.20(d)(1);
* * * * *
(2) * * *
(iii) At least five tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec. [thinsp]770.99). Test results
obtained by ASTM D6007-14 must include a showing of equivalence in
accordance with Sec. [thinsp]770.20(d)(1);
* * * * *
0
7. In Sec. [thinsp]770.17, paragraph (a)(3) is revised to read as
follows:
Sec. [thinsp]770.17 No-added formaldehyde-based resins.
(a) * * *
(3) At least one test conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec. [thinsp]770.99). Test results
obtained by ASTM D6007-14 must include a showing of equivalence in
accordance with Sec. [thinsp]770.20(d)(1); and
* * * * *
0
8. In Sec. [thinsp]770.18, paragraph (a)(3) is revised to read as
follows:
Sec. [thinsp]770.18 Ultra low-emitting formaldehyde resins.
(a) * * *
(3) At least two tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec. [thinsp]770.99). Test results
obtained by ASTM D6007-14 must include a showing of equivalence in
accordance with Sec. [thinsp]770.20(d)(1); and
* * * * *
0
9. In Sec. [thinsp]770.20, paragraphs (b)(1)(i) through (iii), (vi),
and (vii), (c)(1), (d) introductory text, (d)(1), (d)(2) introductory
text, and (d)(2)(i) are revised to read as follows:
Sec. [thinsp]770.20 Testing requirements.
* * * * *
(b) * * *
(1) * * *
(i) ASTM D6007-14 (incorporated by reference, see Sec.
[thinsp]770.99).
(ii) ASTM D5582-14 (incorporated by reference, see Sec.
[thinsp]770.99).
(iii) BS EN ISO 12460-3:2015 E (Gas Analysis Method) (incorporated
by reference, see Sec. [thinsp]770.99).
* * * * *
(vi) BS EN ISO 12460-5:2015 E (Perforator Method) (incorporated by
reference, see Sec. [thinsp]770.99).
(vii) JIS A 1460:2015(E) (24-hr Desiccator Method) (incorporated by
reference, see Sec. [thinsp]770.99).
* * * * *
(c) * * *
(1) Allowable methods. Quarterly testing must be performed using
ASTM E1333-14 (incorporated by reference, see Sec. [thinsp]770.99) or,
with a showing of equivalence pursuant to paragraph (d) of this
section, ASTM D6007-14 (incorporated by reference, see Sec.
[thinsp]770.99).
* * * * *
(d) Equivalence or correlation. Equivalence or correlation between
ASTM E1333-14 (incorporated by reference, see Sec. [thinsp]770.99) and
any other test method used for quarterly or quality control testing
must be demonstrated by EPA TSCA Title VI TPCs or panel producers,
respectively, at least once each year for each testing apparatus or
whenever there is a significant change in equipment, procedure, or the
qualifications of testing personnel. Once equivalence or correlation
have been established for three consecutive years, equivalence or
correlation must be demonstrated every two years or whenever there is a
significant change in equipment, procedure, or the qualifications of
testing personnel.
(1) Equivalence between ASTM E1333-14 and ASTM D6007-14 when used
by the TPC for quarterly testing. Equivalence must be demonstrated for
at least five comparison sample sets, which compare the results of the
two methods. Equivalence must be demonstrated for each small chamber
used and for the ranges of emissions of composite wood products tested
by the TPC.
(i) Samples. (A) For the ASTM E1333-14 method (incorporated by
reference, see Sec. [thinsp]770.99), each comparison sample must
consist of the result of testing panels, using the applicable loading
ratios specified in the ASTM E1333-14 method (incorporated by
reference, see Sec. [thinsp]770.99), from similar panels of the same
product type tested by the ASTM D6007-14 method (incorporated by
reference, see Sec. [thinsp]770.99).
(B) For the ASTM D6007-14 method (incorporated by reference, see
Sec. [thinsp]770.99), each comparison sample shall consist of testing
specimens representing portions of panels similar to the panels tested
in the ASTM E1333-14 method (incorporated by reference, see Sec.
[thinsp]770.99) and matched to their respective ASTM E1333-14 method
(incorporated by reference, see Sec. [thinsp]770.99) comparison sample
result. The ratio of air flow to sample surface area specified in ASTM
D6007-14 (incorporated by reference, see Sec. [thinsp]770.99) must be
used.
(C) The five comparison sample must consist of testing a minimum of
five sample sets as measured by the ASTM E1333-14 method (incorporated
by reference, see Sec. [thinsp]770.99).
(ii) Average and standard deviation. The arithmetic mean, x, and
standard deviation, S, of the difference of all comparison sets must be
calculated as follows:
[[Page 5348]]
[GRAPHIC] [TIFF OMITTED] TR07FE18.001
Where x = arithmetic mean; S = standard deviation; n = number of sets;
D i = difference between the ASTM E1333-14 and ASTM D6007-14 method
(incorporated by reference, see Sec. [thinsp]770.99) values for the i
th set; and i ranges from 1 to n.
(iii) Equivalence determination. The ASTM D6007-14 method
(incorporated by reference, see Sec. [thinsp]770.99) is considered
equivalent to the ASTM E1333-14 method (incorporated by reference, see
Sec. [thinsp]770.99) if the following condition is met:
[GRAPHIC] [TIFF OMITTED] TR07FE18.002
Where C is equal to 0.026.
(2) Correlation between ASTM E1333-14 and any quality control test
method. Correlation must be demonstrated by establishing an acceptable
correlation coefficient (``r'' value).
(i) Correlation. The correlation must be based on a minimum sample
size of five data pairs and a simple linear regression where the
dependent variable (Y-axis) is the quality control test value and the
independent variable (X-axis) is the ASTM E1333-14 (incorporated by
reference, see Sec. [thinsp]770.99) test value or, upon a showing of
equivalence in accordance with paragraph (d) of this section, the
equivalent ASTM D6007-14 (incorporated by reference, see Sec.
[thinsp]770.99) test value. Either composite wood products or
formaldehyde emissions reference materials can be used to establish the
correlation.
* * * * *
0
10. In Sec. [thinsp]770.99, paragraphs (a) introductory text, (a)(5)
through (8), (b)(1) through (5), (c)(1) and (2), (f)(1), and (g)(1) and
(2) are revised to read as follows:
Sec. [thinsp]770.99 Incorporation by reference.
* * * * *
(a) CPA, APA, and HPVA Materials. Copies of these materials may be
obtained from the specific publisher, as noted in this paragraph (a),
or from the American National Standards Institute, 1899 L Street NW,
11th Floor, Washington, DC 20036, or by calling (202) 293-8020, or at
https://ansi.org/. Note that ANSI A190.1-2017 is published by APA--the
Engineered Wood Association. ANSI A135.4-2012, ANSI A135.5-2012, ANSI
A135.6-2012, ANSI A135.7-2012, ANSI A208.1-2016 and ANSI A208.2-2016
are published by the Composite Panel Association; and ANSI/HPVA-HP-1-
2016 is published by the Hardwood Plywood Veneer Association.
* * * * *
(5) ANSI A190.1-2017, Standard for Wood Products--Structural Glued
Laminated Timber, Approved January 24, 2017, IBR approved for Sec.
[thinsp]770.1(c).
(6) ANSI A208.1-2016, Particleboard, Approved May 12, 2016, IBR
approved for Sec. [thinsp]770.3.
(7) ANSI A208.2-2016, Medium Density Fiberboard (MDF) for Interior
Applications, Approved May 12, 2016, IBR approved for Sec.
[thinsp]770.3.
(8) ANSI/HPVA HP-1-2016, American National Standard for Hardwood
and Decorative Plywood, Approved January 12, 2016, IBR approved for
Sec. [thinsp]770.3.
(b) * * *
(1) ASTM D5055-16, Standard Specification for Establishing and
Monitoring Structural Capacities of Prefabricated Wood I-Joists,
Approved June 1, 2016, IBR approved for Sec. [thinsp]770.1(c).
(2) ASTM D5456-14b, Standard Specification for Evaluation of
Structural Composite Lumber Products, Approved October 1, 2014, IBR
approved for Sec. [thinsp]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. [thinsp]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), and
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), and 770.20(c) and (d).
(c) * * *
(1) BS EN ISO 12460-3:2015 E, Wood-based panels.--Determination of
formaldehyde release--Part 3: Gas analysis method, November 2015, 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).
* * * * *
(f) * * *
(1) JIS A 1460:2015(E), Determination of the emission of
formaldehyde from building boards--Desiccator method, First English
edition, published 2015-10, IBR approved for Sec. 770.20(b).
* * * * *
(g) * * *
(1) PS 1-09, Structural Plywood, May 2010, IBR approved for
Sec. Sec. 770.1(c) and 770.3.
(2) PS 2-10, Performance Standard for Wood-Based Structural-Use
Panels, June
[[Page 5349]]
2011, IBR approved for Sec. Sec. 770.1(c) and 770.3.
[FR Doc. 2018-02144 Filed 2-6-18; 8:45 am]
BILLING CODE 6560-50-P