Court Order; Compliance Date; Formaldehyde Emission Standards for Composite Wood Products, 14375-14376 [2018-06884]

Download as PDF 14375 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations § 52.2620 * * Identification of plan. * * Rule No. State effective date Rule title * (29) XXIX ........... ■ (e) * * * * * Sheridan 1987 PM10 Maintenance Plan. * Limited EPA effective date * 12/14/2015 5/4/2018 Final rule citation/date * * [Insert Federal Register citation]. and maintenance plan satisfy all applicable requirements of the Clean Air Act. 3. Add § 52.2624 to read as follows: § 52.2624 Control strategy and regulations: Particulate matter. On June 2, 2017, the State of Wyoming submitted a maintenance plan for the Sheridan PM10 nonattaiment area and requested that this area be redesignated to attainment for the PM10 National Ambient Air Quality Standards. The redesignation request Comments * Subpart C—Section 107 Attainment Status Designations 5. In § 81.351, the table entitled ‘‘Wyoming—PM–10’’ is amended under ‘‘Sheridan County’’ by revising the entry for ‘‘City of Sheridan’’ to read as follows: ■ PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 4. The authority citation for part 81 continues to read as follows: ■ § 81.351 * Authority: 42 U.S.C. 7401 et seq. * Wyoming. * * Designation * Classification Designated Area Date * Sheridan County: * * * * * City of Sheridan ................................................... * * * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 770 [EPA–HQ–OPPT–2016–0244; FRL–9976–22] Court Order; Compliance Date; Formaldehyde Emission Standards for Composite Wood Products Environmental Protection Agency (EPA). ACTION: Announcement of court order and compliance date. AGENCY: On March 13, 2018, the United States District Court for the Northern District of California issued an order in the case of Sierra Club and A Community Voice-Louisiana vs. Scott Pruitt, which resulted in the compliance date for emission standards, recordkeeping, and labeling (i.e., the manufactured-by date or import-by date) becoming June 1, 2018, rather than December 12, 2018. This case involved the formaldehyde regulations for composite wood products under Title VI amozie on DSK30RV082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:41 Apr 03, 2018 Jkt 244001 Date * * * Attainment. * * * * 5/4/2018 * * * * of the Toxic Substances Control Act (TSCA) and, specifically, a challenge to EPA’s extension to December 12, 2018 of the December 12, 2017 compliance date in a September 25, 2017 rule. DATES: April 4, 2018. FOR FURTHER INFORMATION CONTACT: For technical information contact: Todd Coleman, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 564–1208; email address: coleman.todd@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: I. General Information A. Does this announcement affect me? You may be interested in this announcement if you manufacture (including import), sell, supply, offer for sale, test, or work with the certification of hardwood plywood, medium-density fiberboard, particleboard, and/or PO 00000 Type * * [FR Doc. 2018–06848 Filed 4–3–18; 8:45 am] Type Frm 00029 Fmt 4700 Sfmt 4700 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 is of interest 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). E:\FR\FM\04APR1.SGM 04APR1 14376 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations amozie on DSK30RV082PROD with RULES • 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 this announcement, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT. a joint submission on the compliance issues related to the order. On March 9, 2018, the plaintiffs, EPA, and representatives of several industry groups filed a joint proposed stipulation and proposed order (Refs. 2, 3). After reviewing the joint proposed stipulation and proposed order, on March 13, 2018, the Court issued an order pursuant to the stipulation and good cause shown that lifted the February 16, 2018 stay on the Court’s decision as of June 1, 2018, which results in the compliance date for emission standards, recordkeeping, and labeling (i.e., the manufactured-by date or import-by date) being June 1, 2018, rather than December 12, 2018 (Ref. 4). EPA is making available the February 16, 2018 order, the joint proposed stipulation, the proposed order, and the March 13, 2018 order in the supporting documents section of the docket for this announcement. III. Current Status of Compliance Dates By June 1, 2018, and until March 22, 2019, regulated composite wood panels and finished products containing such composite wood panels that are manufactured (in the United States) or imported (into the United States) must be certified as compliant with either the B. How can I get copies of this document TSCA Title VI or the California Air Resources Board (CARB) Airborne Toxic and other related information? Control Measures (ATCM) Phase II The docket for this announcement, emission standards, which are set at identified by docket identification (ID) identical levels, by a third-party certifier number EPA–HQ–OPPT–2016–0244, is (TPC) approved by CARB and available at https://www.regulations.gov recognized by EPA. Previously, these or at the Office of Pollution Prevention products were required to be TSCA Title and Toxics Docket (OPPT Docket), VI compliant by December 12, 2018. Environmental Protection Agency Until March 22, 2019, regulated Docket Center (EPA/DC), West William products certified as compliant with the Jefferson Clinton Bldg., Rm. 3334, 1301 CARB ATCM Phase II emission Constitution Ave. NW, Washington, DC. standards must be labeled as compliant The Public Reading Room is open from with either the TSCA Title VI or the 8:30 a.m. to 4:30 p.m., Monday through CARB ATCM Phase II emission Friday, excluding legal holidays. The standards. telephone number for the Public After March 22, 2019, CARBReading Room is (202) 566–1744, and approved TPCs must comply with the telephone number for the OPPT additional accreditation requirements in Docket is (202) 566–0280. Please review order to remain recognized as an EPA the visitor instructions and additional TSCA Title VI TPC and to continue information about the docket available certifying products as TSCA Title VI at https://www.epa.gov/dockets. compliant. Regulated products manufactured in or imported into the II. Announcement of Court Order United States after March 22, 2019 may On February 16, 2018, the United not rely on the CARB reciprocity of 40 States District Court for the Northern CFR 770.15(e) and must be certified and District of California issued an order labeled as TSCA Title VI compliant by granting the plaintiffs’ motion for an EPA TSCA Title VI TPC with all of summary judgment and denying EPA’s the required accreditations. cross-motion for summary judgment in IV. References the case of Sierra Club and A The following is a listing of the Community Voice-Louisiana vs. Scott Pruitt, Case No. 4:17–cv–6293–JSW (Ref. documents that are specifically referenced in this document. The docket 1). However, the Court stayed the includes these documents and other February 16, 2018 order until March 9, information considered by EPA, 2018, so that the parties could work on VerDate Sep<11>2014 16:41 Apr 03, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the person listed under FOR FURTHER INFORMATION CONTACT. 1. Sierra Club and A Community VoiceLouisiana vs. Scott Pruitt, Case No. 4:17–cv– 06293–JSW; (United States District Court for the Northern District of California, February 16, 2018). Order Re: Cross-Motions for Summary Judgement. 2. Sierra Club and A Community VoiceLouisiana vs. Scott Pruitt, Case No. 4:17–cv– 06293–JSW; (United States District Court for the Northern District of California, March 9, 2018) Joint Proposed Stipulation. 3. Sierra Club and A Community VoiceLouisiana vs. Scott Pruitt, Case No. 4:17–cv– 06293–JSW; (United States District Court for the Northern District of California, March 9, 2018) Proposed Order. 4. Sierra Club and A Community VoiceLouisiana vs. Scott Pruitt, Case No. 4:17–cv– 06293–JSW; (United States District Court for the Northern District of California, March 9, 2018) Final Order. Authority: 15 U.S.C. 2697 (TSCA section 601). Dated: March 29, 2018. Charlotte Bertrand, Acting Principal Deputy Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2018–06884 Filed 4–3–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2018–0002; Internal Agency Docket No. FEMA–8525] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the SUMMARY: E:\FR\FM\04APR1.SGM 04APR1

Agencies

[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Rules and Regulations]
[Pages 14375-14376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06884]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2016-0244; FRL-9976-22]


Court Order; Compliance Date; Formaldehyde Emission Standards for 
Composite Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Announcement of court order and compliance date.

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

SUMMARY: On March 13, 2018, the United States District Court for the 
Northern District of California issued an order in the case of Sierra 
Club and A Community Voice-Louisiana vs. Scott Pruitt, which resulted 
in the compliance date for emission standards, recordkeeping, and 
labeling (i.e., the manufactured-by date or import-by date) becoming 
June 1, 2018, rather than December 12, 2018. This case involved the 
formaldehyde regulations for composite wood products under Title VI of 
the Toxic Substances Control Act (TSCA) and, specifically, a challenge 
to EPA's extension to December 12, 2018 of the December 12, 2017 
compliance date in a September 25, 2017 rule.

DATES: April 4, 2018.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Todd Coleman, National Program Chemicals Division, Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 564-1208; 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. General Information

A. Does this announcement affect me?

    You may be interested in this announcement if you manufacture 
(including import), sell, supply, offer for sale, test, or work with 
the certification of 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 is of interest 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).

[[Page 14376]]

     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 this announcement, please 
consult the technical person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this announcement, identified by docket 
identification (ID) number EPA-HQ-OPPT-2016-0244, is available at 
https://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW, Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (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.

II. Announcement of Court Order

    On February 16, 2018, the United States District Court for the 
Northern District of California issued an order granting the 
plaintiffs' motion for summary judgment and denying EPA's cross-motion 
for summary judgment in the case of Sierra Club and A Community Voice-
Louisiana vs. Scott Pruitt, Case No. 4:17-cv-6293-JSW (Ref. 1). 
However, the Court stayed the February 16, 2018 order until March 9, 
2018, so that the parties could work on a joint submission on the 
compliance issues related to the order. On March 9, 2018, the 
plaintiffs, EPA, and representatives of several industry groups filed a 
joint proposed stipulation and proposed order (Refs. 2, 3). After 
reviewing the joint proposed stipulation and proposed order, on March 
13, 2018, the Court issued an order pursuant to the stipulation and 
good cause shown that lifted the February 16, 2018 stay on the Court's 
decision as of June 1, 2018, which results in the compliance date for 
emission standards, recordkeeping, and labeling (i.e., the 
manufactured-by date or import-by date) being June 1, 2018, rather than 
December 12, 2018 (Ref. 4). EPA is making available the February 16, 
2018 order, the joint proposed stipulation, the proposed order, and the 
March 13, 2018 order in the supporting documents section of the docket 
for this announcement.

III. Current Status of Compliance Dates

    By June 1, 2018, and until March 22, 2019, regulated composite wood 
panels and finished products containing such composite wood panels that 
are manufactured (in the United States) or imported (into the United 
States) must be certified as compliant with either the TSCA Title VI or 
the California Air Resources Board (CARB) Airborne Toxic Control 
Measures (ATCM) Phase II emission standards, which are set at identical 
levels, by a third-party certifier (TPC) approved by CARB and 
recognized by EPA. Previously, these products were required to be TSCA 
Title VI compliant by December 12, 2018.
    Until March 22, 2019, regulated products certified as compliant 
with the CARB ATCM Phase II emission standards must be labeled as 
compliant with either the TSCA Title VI or the CARB ATCM Phase II 
emission standards.
    After March 22, 2019, CARB-approved TPCs must comply with 
additional accreditation requirements in order to remain recognized as 
an EPA TSCA Title VI TPC and to continue certifying products as TSCA 
Title VI compliant. Regulated products manufactured in or imported into 
the United States after March 22, 2019 may not rely on the CARB 
reciprocity of 40 CFR 770.15(e) and must be certified and labeled as 
TSCA Title VI compliant by an EPA TSCA Title VI TPC with all of the 
required accreditations.

IV. References

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

    1. Sierra Club and A Community Voice-Louisiana vs. Scott Pruitt, 
Case No. 4:17-cv-06293-JSW; (United States District Court for the 
Northern District of California, February 16, 2018). Order Re: 
Cross-Motions for Summary Judgement.
    2. Sierra Club and A Community Voice-Louisiana vs. Scott Pruitt, 
Case No. 4:17-cv-06293-JSW; (United States District Court for the 
Northern District of California, March 9, 2018) Joint Proposed 
Stipulation.
    3. Sierra Club and A Community Voice-Louisiana vs. Scott Pruitt, 
Case No. 4:17-cv-06293-JSW; (United States District Court for the 
Northern District of California, March 9, 2018) Proposed Order.
    4. Sierra Club and A Community Voice-Louisiana vs. Scott Pruitt, 
Case No. 4:17-cv-06293-JSW; (United States District Court for the 
Northern District of California, March 9, 2018) Final Order.

    Authority: 15 U.S.C. 2697 (TSCA section 601).

    Dated: March 29, 2018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical 
Safety and Pollution Prevention.
[FR Doc. 2018-06884 Filed 4-3-18; 8:45 am]
 BILLING CODE 6560-50-P
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