Technical Issues; Formaldehyde Emission Standards for Composite Wood Products, 43517-43526 [2019-17284]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 162 (Wednesday, August 21, 2019)]
[Rules and Regulations]
[Pages 43517-43526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17284]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2018-0174; FRL-9994-47]
RIN 2070-AK47


Technical Issues; Formaldehyde Emission Standards for Composite 
Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is publishing this final rule to amend the formaldehyde 
standards for composite wood products regulation. EPA is publishing 
these amendments to address certain technical issues and to further 
align the final rule requirements with the California Air Resources 
Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II program. 
Addressing these technical issues will add clarity for regulated 
entities. These revisions to the existing rule will also streamline 
compliance programs and help to ensure continued smooth transitions for 
supply chains to comply with the requirements associated with regulated 
composite wood products.

DATES: This final rule is effective on August 21, 2019. The 
incorporation by reference of certain material is approved by the 
Director of the Federal Register as of August 21, 2019. The 
incorporation by reference of other material was approved by the 
Director of the Federal Register as of February 10, 2017.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2018-0174, 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.

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. 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).

[[Page 43518]]

     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. Comments Received on Technical Issues

    1. Stakeholder Feedback and the June 28, 2018 Public Meeting. Since 
the formaldehyde standards for composite wood products final rule (see 
81 FR 89674) was promulgated on December 12, 2016, EPA received 
letters, inquiries, and general correspondence from industry 
stakeholders, including the Composite Panel Association, Hardwood 
Plywood Veneer Association, Kitchen Cabinet Manufacturers Association, 
and various EPA-recognized TSCA Title VI Third Party Certifiers (TSCA 
Title VI TPCs), regarding a number of technical issues with the testing 
and certification provisions of the rule. Stakeholders requested EPA 
consider amending certain provisions of the TSCA Title VI regulations 
to improve regulatory clarity and further align the rule with the 
California Air Resources Board (CARB) Airborne Toxic Control Measures 
(ATCM) Phase II program. Correspondence from these industry 
stakeholders is included in the docket for this action.
    Then, on May 24, 2018, the Agency published a notice in the Federal 
Register (see 83 FR 24104) announcing a public meeting at the EPA 
headquarters office in Washington, DC on June 28, 2018 to discuss and 
obtain input on the technical issues that stakeholders have raised 
since the December 12, 2016 final rule. The publication of this notice 
also opened a 60-day public comment period to allow the public time to 
submit any additional data, information, or comments to discuss in the 
public meeting and for the Agency to consider in developing this 
proposal. The Agency received 8 comments during the 60-day comment 
period for the public meeting, and one comment after the closure of the 
comment period. A transcript of this public meeting, letters, 
correspondence, comments, and background materials are also posted in 
the docket for this action.
    2. Notice of Proposed Rulemaking. Based on the comments and 
attendee feedback from the June 28, 2018 public meeting and the 
previously submitted letters and correspondence following the December 
12, 2016 final rule, the Agency identified 14 technical issues that the 
Agency discussed in the November 1, 2018, Technical Issues proposed 
rule (see 83 FR 54892) to amend the TSCA Title VI regulation. The 
Agency received 13 comments on the proposed amendments during the 
proposed rule public comment period, which closed on December 3, 2018. 
A copy of the proposed rule, supporting documents, public comments, and 
background materials are posted in the docket for this action.

B. What action is the Agency taking?

    1. Experimental resins and mill start-up and restart situations. 
EPA proposed, and is now finalizing, not making any amendments for mill 
start-up and restarts, or the use of new or otherwise experimental 
resins. EPA did not receive any public comments in opposition to the 
proposal to continue addressing the use of experimental resins and mill 
start-up guidance in the frequently asked questions section of the 
formaldehyde web page instead of amending the final rule. As such, for 
these issues regulated entities should continue to use the guidance 
posted in the frequently asked questions of the Agency's formaldehyde 
homepage here: https://www.epa.gov/formaldehyde/frequent-questions-regulated-stakeholders-about-implementing-formaldehyde-standards#newmills to conduct mill start-up and restart situations, as 
needed.
    2. Annual correlations between the third-party certifier ASTM E1333 
or equivalent ASTM D6007 apparatus and any other mill quality control 
testing method. The Agency proposed to remove the annual correlation 
requirement between the ASTM E1333-14 apparatus (or contract 
laboratory's ASTM E1333-14 apparatus) or equivalent ASTM D6007-14 
apparatus and any other approved method for quality control testing for 
the first three years, and then every two years thereafter or when 
there is a significant change in the operation at the mill or when 
there is a reason to believe the correlation is no longer valid. The 
proposal to remove this requirement received full support from all 
commenters, except for one who opposed removing the provision but 
without providing data or other supporting information to justify their 
position. Because of the broad support from commenters, the Agency is 
removing the requirement for TSCA Title VI TPCs and mills to show 
correlation between the TSCA Title VI TPC's ASTM E1333-14 apparatus (or 
contract laboratory's ASTM E1333-14 apparatus) or equivalent ASTM 
D6007-14 apparatus and any other mill quality control testing methods 
at 40 CFR 770.20(b) on an annual basis for the first three years after 
initial correlation establishment, and every two years thereafter to 
continue certifying composite wood products. Instead, EPA is only 
requiring an initial showing of correlation, and an update in the event 
that there is a significant change in equipment, procedure, the 
qualifications of testing personnel, or reason to believe that the 
correlation is no longer valid. This amendment further aligns the EPA 
testing requirements with the CARB ATCM Phase II program, which does 
not require annual correlations between the TPC (or contract 
laboratory) ASTM E1333-14 apparatus or equivalent ASTM D6007-14 
apparatus and any other approved method for quality control testing. As 
such, EPA is finalizing this provision as proposed.
    3. Equivalence or correlation on like-size or similar sized 
apparatuses. The Agency proposed amending 40 CFR 770.20(d) to allow the 
TSCA Title VI TPC to use their ASTM E1333-14 apparatus (or their 
contract laboratory's ASTM E1333-14 apparatus) to demonstrate 
equivalence to multiple ASTM D6007-14 apparatuses of a similar model or 
size and construction located in the same TSCA Title VI TPC laboratory, 
or contract laboratory.

[[Page 43519]]

Similar model chambers are those that are manufactured by the same 
manufacturer and bear the same model number or bear a model number that 
succeeds a previous model number that has been discontinued or 
otherwise is no longer being manufactured but would be deemed the 
equivalent by the manufacturer. Similar size and construction chambers 
must have an identical chamber volume capacity or be constructed in a 
way that would result in the same sample holding capacity and 
operational parameters (e.g., airflow speed, time to conduct testing, 
etc.) as another chamber, but need not be made by the same 
manufacturer. CARB allows the same approach under the ATCM Phase II 
program and there has been no negative impact on generation of data to 
demonstrate valid equivalence between test methods. The Agency received 
comments supporting this provision and did not receive any comments 
against finalizing this provision as proposed. EPA is therefore 
finalizing this provision as proposed.
    EPA also proposed updating the correlation requirement at 40 CFR 
770.20(d) to allow multiple similar model or size and construction mill 
quality control test method apparatuses located at any one physical 
mill quality control testing laboratory to demonstrate correlation to 
the TSCA Title VI TPC test apparatus as required under 40 CFR 
770.20(d). Like the amendment to the equivalence testing requirement, 
EPA believes this amendment will not negatively impact the quality of 
the quality control testing data. EPA did not receive any public 
comment against updating this provision. As such, EPA is finalizing 
this provision as proposed.
    4. Averaging of emission test results during quarterly, non-
complying lot, equivalence, and correlation testing. EPA proposed 
adding paragraph (iv) to 40 CFR 770.20(c)(2) and amending paragraph (i) 
at 40 CFR 770.22(c)(2) to align with the CARB ATCM Phase II program 
regarding averaging test results during quarterly testing and non-
complying lot retesting. The Agency proposed to add a testing averaging 
provision to the rule and received predominately positive support for 
the amendment. Although one commenter did not support the amendment, no 
data or other supporting information were provided to support their 
comment. All other commenters were in support of the proposal with 
minor language adjustments to further align the provision with the CARB 
ATCM Phase II program which allows averaging of test results using the 
ASTM D 6007-14 apparatus.
    The CARB-approved method for averaging test results in quarterly 
and non-complying lot testing accounts for formaldehyde emission 
variability across any one composite wood product panel while ensuring 
the products still meet the applicable emission standards. This method 
is outlined in CARB's method at 17 California Code of Regulations 
section 93120.9(a)(2)(A) and (B)(2) and Appendix 2 (g)(8) of its 
regulation, to allow nine subsamples from any one panel to be collected 
and tested in groups of three in three separate ASTM D6007-14 test 
apparatuses deemed equivalent to the ASTM E1333-14 apparatus (Ref. 1). 
This results in three data points, which are then averaged to obtain 
one final value that accounts for emission variability across that one 
panel (Ref. 1). Under these requirements, the nine subsamples should be 
evenly distributed and represent similar sizes to one another as they 
are collected from any one panel. EPA is finalizing a provision to 
allow nine subsamples from any one panel to be collected and tested in 
groups of three in three separate ASTM D6007-14 test apparatuses deemed 
equivalent to the ASTM E1333-14 apparatus at 40 CFR 770.20(c)(2)(iv). 
EPA will also continue to allow for testing of one sample, in one ASTM 
D6007-14 apparatus deemed equivalent to the ASTM E1333-14 apparatus, 
without the use of averaging if the TPC and mill choose to do so. EPA 
received comments in support of adding paragraph (iv) to 40 CFR 
770.20(c)(2) and amending paragraph (i) at 40 CFR 770.22(c)(2). As 
such, EPA is finalizing these amendments. EPA is also finalizing a 
conforming amendment to paragraph (ii) at 40 CFR 770.22(c)(2) in order 
to account for the possibility of averaging.
    One commenter noted that averaging of subsamples in the ASTM E1333-
14 apparatus would not be permitted under the CARB program. EPA 
recognizes that only full-sized panels would be tested in the ASTM 
E1333-14 apparatus and updated the regulatory text at 40 CFR 
770.20(c)(2)(iv) from the proposal to reflect this.
    Another commenter noted that the method used for averaging is 
equally important in development of equivalence and correlation testing 
and noted that this option should be added in the final rule. As such, 
EPA is finalizing this rule to update regulatory text at 40 CFR 
770.20(d) to allow for test sample averaging in the demonstration of 
equivalence or correlation when using the ASTM D6007-14 apparatus.
    5. Equivalence testing emission ranges. EPA proposed amending the 
provision at 40 CFR 770.20(d) for TSCA Title VI TPCs to demonstrate 
equivalence under specified emission ranges. This proposal aligned with 
the CARB ATCM, which specifies that ten comparison tests must be 
conducted, consisting of at least five comparison tests in two of three 
specified emission ranges. CARB's ATCM at 17 California Code of 
Regulations section 93120.9(a)(2)(B)(3) also specifies the three 
emission test ranges to be: (1) Low--for products demonstrating 
formaldehyde emissions of less than 0.07 parts per million (ppm); (2) 
intermediate--for products demonstrating formaldehyde emissions from 
0.07 ppm to less than 0.15 ppm; and (3) upper--for products 
demonstrating formaldehyde emissions from 0.15 ppm to 0.25 ppm (Ref. 
1).
    EPA is finalizing this rule as proposed to align with CARB's ATCM 
and its requirement for ten comparison tests, consisting of five 
comparison tests in two of the three specified ranges with a 
modification to the emission ranges and a modification to the 
requirement for demonstration across two ranges based on comments 
submitted by CARB staff (see EPA-HQ-OPPT-2018-0174-0022).
    The final rule will assign formaldehyde emissions ranges of less 
than or equal to 0.05 ppm for the low range, formaldehyde emissions 
greater than 0.05 ppm up to 0.15 ppm for the intermediate range, and 
formaldehyde emissions greater than 0.15 ppm for the upper range. The 
change to the low range deviates from the current guidance under the 
CARB ATCM Phase II program; however, CARB has informed the Agency that 
they intend to update their emission ranges to be the same as EPA's in 
the future. The amended low emission range corresponds to the TSCA 
Title VI emission standard for hardwood plywood.
    EPA proposed to allow TSCA Title VI TPCs who will only certify in 
the low or intermediate ranges to demonstrate equivalence for those 
ranges, using at least five comparison tests to demonstrate equivalence 
in a given range. A CARB comment on this proposal (see EPA-HQ-OPPT-
2018-0174-0041) stated that this provision should only apply to TSCA 
Title VI TPCs who are certifying hardwood plywood, as TSCA Title VI 
TPCs who are certifying medium density fiberboard and particleboard 
would have to demonstrate equivalence in the intermediate range; if 
these TSCA Title VI TPCs were to seek no-added formaldehyde or ultra 
low-emitting formaldehyde limited exemptions for their mills producing 
these products,

[[Page 43520]]

then it would be necessary to demonstrate equivalence in the lower 
range as well. Therefore, demonstrating equivalence in only one range 
would only apply to TSCA Title VI TPCs who are only certifying products 
which are required to test at or below the 0.05 ppm threshold for the 
low range. After further consideration of CARB's comments, EPA agrees 
that the proposed amendment should be modified to address CARB's 
comment and is finalizing this provision to only apply to cases where 
the TPC is certifying only hardwood plywood in the low range and 
demonstrating equivalence in the low range. The final rule will allow 
three equivalence testing ranges with the option to only demonstrate 
equivalence in the lower range if all of the TPC's certified products 
will meet the lower emission range.
    6. Determination of equivalence only if mill uses TSCA Title VI TPC 
for all testing. EPA proposed to amend 40 CFR 770.20(d) to clarify that 
mills that do not perform any testing on-site at the mill and instead 
use their TSCA Title VI TPC for all quarterly and quality control 
testing would not be required to establish correlation as they are 
already using a TSCA Title VI TPC ASTM E1333-14 apparatus, or an ASTM 
D6007-14 apparatus that has demonstrated equivalence. EPA's posted 
guidance on this issue in the form of a frequently asked question on 
the Agency's formaldehyde homepage noted that the ASTM D6007-14 test 
apparatus that shows equivalence to the TSCA Title VI TPCs ASTM E1333-
14 test apparatus according to 40 CFR 770.20(d) would necessarily show 
correlation to itself under 40 CFR 770.20(d)(2) and could be used as a 
quality control test method without additional correlation testing 
(Ref. 2). EPA did not receive any public comments suggesting that 
finalizing this provision would be an issue for TSCA Title VI TPCs or 
mills. As such, EPA is finalizing this provision allowing TSCA Title VI 
TPCs to conduct quality control testing for mills with an ASTM E1333-14 
apparatus, or an ASTM D6007-14 apparatus that has demonstrated 
equivalence, as proposed.
    7. Correlation coefficients and ``r'' values. EPA proposed to amend 
40 CFR 770.20(d)(2) to expand the options for TSCA Title VI TPCs and 
mills in establishing correlation coefficients and ``r'' values beyond 
the linear regression model currently required by the TSCA Title VI 
regulations. The amendment adds the CARB ATCM Phase II-approved cluster 
approach (also known as the point of origin approach in practice) and 
threshold approach to give TSCA Title VI TPCs three different options 
for demonstrating correlations. To develop this amendment, EPA used 
CARB's alternative correlation coefficient and ``r'' value method 
guidance document (CWP-10-001 [June 8, 2010]), which outlined these two 
additional approaches for how TSCA Title VI TPCs certifying composite 
wood products under the CARB ATCM Phase II program may show correlation 
(Ref. 3). The Agency proposed to expand the options to allow three 
different methods of demonstrating correlation and received 
predominately positive support for the amendment of this provision in 
the final rule. Although one commenter did not support how EPA proposed 
the amendment to the final rule, no data or supporting information was 
provided to support their comment and all other commenters were in full 
support of the proposal. As such, EPA is finalizing the addition of 
rule provisions for the ``cluster approach'' and ``threshold approach'' 
in 40 CFR 770.20(d)(2)(i) and updating the requirement for 
certification at 40 CFR 770.15(c)(1)(vii) and 770.15(c)(2)(v).
    8. Notifications of exceedance of quality control limit (QCL). EPA 
proposed an amendment at 40 CFR 770.7(c)(4)(v)(C) to clarify that 
notification of a non-complying lot through EPA's Central Data Exchange 
system by a TSCA Title VI TPC is required within 72 hours of the time 
when the TSCA Title VI TPC is notified of the third consecutive QCL 
exceedance by a panel producer. EPA received comments in support of 
addressing the ambiguity in the timing of reporting as written in the 
original version of this provision. Thus, EPA is finalizing this 
provision as proposed, adding only that the notification must be given 
when the TPC is notified of the third ``consecutive'' QCL exceedance 
based on commenter feedback (see EPA-HQ-OPPT-2018-0174-0041). EPA 
believes that the use of the term consecutive further promotes clarity 
and highlights exactly when notification should be given to EPA.
    9. No-added formaldehyde (NAF)-based resin and ultra low-emitting 
formaldehyde (ULEF) resin testing requirements. EPA proposed an 
amendment to the NAF and ULEF testing requirements to further align 
with the CARB ATCM Phase II program. The December 12, 2016 TSCA Title 
VI final rule required that under the NAF requirements at 40 CFR 770.17 
a minimum of five tests be conducted pursuant to the NAF two-year 
limited exemption application, while CARB's TPC Bulletin 1 notes that 
13 tests are the minimum permitted for a limited testing exemption 
(Ref. 4). Additionally, the December 12, 2016 TSCA Title VI final rule 
required that, under the ULEF requirements at 40 CFR 770.18, a minimum 
of ten tests be conducted pursuant to the ULEF two-year exemption or 
reduced testing application requirements, while CARB's TPC Bulletin 1 
notes that 26 tests are the minimum permitted for a limited testing 
exemption (Ref. 4). Stakeholders noted that, although EPA accepts 
existing CARB executive orders that document that panel producers are 
in good standing with CARB and have met the requirements for limited 
testing exemptions for NAF and ULEF products as outlined in 40 CFR 
770.17(d) and 770.18(e), the two programs were not equal in the number 
of samples required and the CARB ATCM Phase II program requires more 
samples. To align with how TSCA Title VI TPCs currently test to obtain 
a NAF two-year testing exemption and ULEF two-year testing exemption or 
reduced testing, and to promote regulatory consistency between the two 
programs, for TSCA Title VI, EPA is adopting the CARB-required 13 tests 
for NAF and 26 tests for ULEF limited exemptions. The Agency does not 
believe this amendment alters in any significant aspect how TSCA Title 
VI TPCs and panel producers currently conduct testing under the CARB 
ATCM Phase II or TSCA Title VI program, as EPA allows the use of equal 
or more stringent testing approaches (i.e., more tests) and it is EPA's 
understanding that TSCA Title VI TPCs have continued to conduct testing 
the same way they have done (i.e., using more tests) since the 
inception of CARB's ATCM Phase II program in 2009. EPA did not receive 
any public comments on this proposed amendment. As such, EPA is 
finalizing this provision as proposed.
    10. Voluntary Consensus Standards incorporated by reference at 40 
CFR 770.99. EPA proposed to update the references for two International 
Organization for Standardization (ISO)/International Electrotechnical 
Commission (IEC) voluntary consensus standards that were incorporated 
by reference in the December 12, 2016 final rule. Table 1 in this Unit 
outlines the voluntary consensus standards that will be updated in this 
final rule and the respective updated versions. All other standards in 
the formaldehyde standards for composite wood products regulation will 
continue to be incorporated by reference as they appear in the existing 
regulation.

[[Page 43521]]



                                Table 1--Voluntary Consensus Standards Comparison
----------------------------------------------------------------------------------------------------------------
 Current standard established by final                                               Update to be promulgated
           rule (81 FR 89674)                            Status                     effective August 21, 2019
----------------------------------------------------------------------------------------------------------------
ISO/IEC 17025-2005(E) General            Updated version.......................  ISO/IEC 17025:2017(E) General
 requirements for the competence of                                               requirements for the
 testing and calibration laboratories.                                            competence of testing and
                                                                                  calibration laboratories.
ISO/IEC 17011-2004(E) Conformity         Updated version.......................  ISO/IEC 17011:2017(E)
 assessments--General requirements for                                            Conformity assessments--
 accreditation bodies accrediting                                                 requirements for accreditation
 conformity assessments bodies.                                                   bodies accrediting conformity
                                                                                  assessments bodies.
----------------------------------------------------------------------------------------------------------------

    EPA did not receive any public comments related to updating the 
references to these standards. As such, EPA is finalizing this update 
as proposed. 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.
    11. Clarification in the non-complying lot provisions. EPA proposed 
to clarify the intent of the non-complying lot provisions at 40 CFR 
770.22 and how those provisions apply to fabricators, importers, 
retailers, and distributors who are notified by panel producers that 
composite wood products they were supplied are found to be non-
compliant after those composite wood products have been further 
fabricated into component parts or finished goods. The Agency 
previously posted guidance on this issue in the form of frequently 
asked questions on EPA's formaldehyde website homepage. The guidance 
outlines the regulatory requirements for all entities in the supply 
chain and makes clear that, if a panel is still in panel form, then the 
entity in possession of the non-compliant panel, which includes 
fabricators, is to work with the panel producer to isolate, treat, and 
retest the panel, as needed. If by the time a fabricator receives 
notification the panel from the non-complying lot has been incorporated 
into a component part or finished good, then the remainder of 40 CFR 
770.22 does not apply (Ref. 5).
    EPA notes that the regulatory intent behind the non-complying lot 
provisions at 40 CFR 770.22 is to manage those non-compliant composite 
wood products in their panel form to prevent them from entering the 
fabrication supply chain, but not to require action after those panels 
have been used in the fabrication of component parts or finished goods. 
One commenter (see EPA-HQ-OPPT-2018-0174-0037) did not support the 
proposal as published and noted that once a panel enters a fabricator's 
custody it can become a logistical challenge to track. The commenter 
believed that the non-complying lot provisions should not apply to 
fabricators. EPA understands that in some cases the management of 
panels once broken from bundles by a fabricator or other downstream 
entity can be a logistical challenge; however, the December 12, 2016 
final rule and accompanying Response to Comments document (see EPA-HQ-
OPPT-2016-0461-0034) made it clear that the onus is on the fabricator 
or downstream entity to be able to track all panels in their panel form 
back to the lot from which they came by some sort of labeling/marking 
method as required by 40 CFR 770.45(a). EPA believes that for a non-
complying lot event, requiring action by all entities in the supply 
chain who possess the panels in panel form prevents further 
distribution of the noncomplying panels in the supply and fabrication 
chains. As such, the Agency is finalizing this provision as proposed, 
which includes clarifying language in 40 CFR 770.22 to make clear the 
initial regulatory intent of the December 12, 2016 final rule.
    12. Labels on regulated composite wood products and finished goods 
containing composite wood products at point of manufacture, 
fabrication, and/or import. EPA proposed a provision to clarify in 40 
CFR 770.45 that regulated composite wood products and finished goods 
containing composite wood products must be labeled at the point of 
manufacture or fabrication, and if imported, the label must be applied 
to the products as a condition of importation. Under TSCA, the term 
``manufacture'' includes import, meaning that regulated composite wood 
products or finished goods containing such products imported into the 
customs territory of the United States must be accompanied at the time 
of importation by a label as required by 40 CFR 770.45. EPA received 
public comment supporting this provision. EPA also received public 
comment asking how this provision will be applied to Foreign Trade 
Zones (FTZs). Foreign merchandise admitted into an FTZ constitutes 
``imported merchandise which has not been properly released from 
Customs custody in the Customs territory.'' (see 19 CFR 146.1). EPA 
notes that FTZs are not considered customs territory for purposes of 
customs laws (including TSCA section 13 import certification) but are 
considered customs territory for purposes of other federal laws (see 19 
U.S.C. 81c and general note 2 of the Harmonized Tariff Schedule of the 
United States). Any composite wood products or finished goods 
containing composite wood products must, therefore, be labeled upon 
importation in order to be admitted into an FTZ. Prior to release from 
CBP custody at a port of entry, a TSCA Section 13 import certification 
is required for all regulated composite wood products, component parts 
fabricated using composite wood products, and finished goods fabricated 
using composite wood products (see 19 CFR 12.121(a)(3)(i)). EPA is 
therefore finalizing this provision as proposed.
    13. Labels on panels manufactured under NAF limited exemption at 40 
CFR 770.17 and ULEF limited exemption at 40 CFR 770.18. EPA proposed a 
provision to allow for panels manufactured under a limited exemption at 
40 CFR 770.17 and 770.18, or NAF and ULEF panels covered by existing 
CARB executive orders, as outlined in 40 CFR 770.17(d) and 770.18(e), 
to be labeled as TSCA Title VI ``compliant'' and not TSCA Title VI 
``certified.'' Several commenters were opposed to this proposal and 
noted that significant marketplace confusion would result from any 
changes on panel-level labeling changes. Although some commenters 
supported the change, ultimately, after further consideration, EPA 
determined that adding another term into the labeling provisions of the 
final rule would likely cause more confusion than clarity on the panel 
labeling provision. EPA will therefore not finalize any provisions to 
change the regulatory language at 40 CFR 770.45(a) from the required 
use of the term ``certified'' on composite wood products. All composite 
wood products certified under the standard testing paradigm at 40 CFR 
770.20, and those composite wood products manufactured through an EPA 
or CARB limited exemption under 40 CFR 770.17 and

[[Page 43522]]

770.18, should continue to be labeled as TSCA Title VI ``certified.''
    14. TSCA Title VI manufactured-by date. EPA proposed updating the 
manufactured-by date in the Code of Federal Regulations to correspond 
to the manufactured-by date of June 1, 2018 resulting from the court 
order announced by EPA in a Federal Register notice on April 4, 2018 
(see 83 FR 14375). Specifically, EPA will replace ``December 12, 2018'' 
with ``June 1, 2018'' in 40 CFR 770.2(e) (introductory text), 
770.2(e)(1), 770.2(e)(4), 770.10(a), 770.12(a), 770.15(a), 770.30(b) 
(introductory text), and 770.30(c). For more information on the 
litigation and court order, please see 83 FR 14375. EPA did not receive 
any comments on the proposal to update these provisions. EPA is 
finalizing these manufactured-by date text changes, as proposed.

C. 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

    As discussed in the proposed rule as an option (see 83 FR 54894), 
EPA is making the effective date of this final rule immediate upon 
publication of this final rule in order to provide regulated 
stakeholders clarity on the provisions and the ability to immediately 
begin adjusting their certification programs to as needed to 
accommodate the Formaldehyde Standards for Composite Wood Products 
March 22, 2019 end date to the CARB reciprocity provision (see 83 FR 
14375). EPA believes an immediate effective date provides TSCA Title VI 
TPCs and panel producers appropriate and prompt relief from maintaining 
separate certification programs for the CARB ATCM Phase II certified 
products and TSCA Title VI certified products they manage and 
manufacture.

IV. Incorporation by Reference

A. Material Newly Incorporated by Reference in This Final Rule

    EPA is finalizing the use of the following voluntary consensus 
standards issued by International Organization for Standardization/
International Electrotechnical Commission:
    1. ISO/IEC 17011:2017(E) Conformity assessments--requirements for 
accreditation bodies accrediting conformity assessments bodies. This 
standard specifies general requirements for accreditation bodies 
assessing and accrediting conformity assessment bodies. For the 
purposes of this standard, conformity assessment bodies are 
organizations providing the following conformity assessment services: 
Testing, inspection, management system certification, personnel 
certification, product certification and, in the context of this 
standard, calibration.
    2. ISO/IEC 17025:2017(E) General requirements for the competence of 
testing and calibration laboratories. This standard specifies the 
general requirements for the competence to carry out tests or 
calibrations, including sampling. It covers testing and calibration 
performed using standard methods, non-standard methods, and laboratory-
developed methods.

B. Material Previously Incorporated by Reference That Is Unchanged

    ASTM D6007-14 and E13333-14 were previously approved for 
incorporation by reference on February 10, 2017.

C. Where can I obtain copies of the material incorporated by reference?

    Copies of the standards referenced in the final regulatory text at 
40 CFR 770.3 and 770.7 have been placed in the docket for this final 
rule. You may also obtain copies of these standards from the 
International Organization for Standardization, 1, ch. de la Voie-
Creuse, CP 56, CH-1211, Geneve 20, Switzerland, or by calling +41-22-
749-01-11, or at https://www.iso.org. 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. The use of these voluntary consensus standards was 
approved by the Director of the Federal Register for the incorporation 
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.

V. 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 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. California Air Resources Board. Airborne Toxic Control Measure to 
Reduce Formaldehyde Emissions from Composite Wood Products. Final 
Regulation Order. April 2008.
2. U.S. Environmental Protection Agency. Frequent Questions about 
Starting-up New Composite Wood Mills and the Use of Experimental 
Products and Resins. 2018. https://www.epa.gov/formaldehyde/frequent-questions-regulated-stakeholders-about-implementing-formaldehyde-standards#experiementalproductsresins.
3. California Air Resources Board. Third Party Certification 
Guideline: Establishing a Correlation with an Acceptable Correlation 
Coefficient (``r'', Value). June 2010. https://www.arb.ca.gov/toxics/compwood/certifiers.htm.
4. California Air Resources Board. Third Party Certifier Bulletin 1 
(revised). August 2012. https://www.arb.ca.gov/toxics/compwood/certifiers.htm.
5. U.S. Environmental Protection Agency. Frequent Questions for 
Regulated Stakeholders about Implementing the Formaldehyde Standards 
for Composite Wood Products Act. 2018. https://www.epa.gov/formaldehyde/frequent-questions-regulated-stakeholders-about-implementing-formaldehyde-standards.

VI. 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. 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.

C. Regulatory Flexibility Act (RFA)

    The Agency certifies that this action will not have a significant 
economic impact on a substantial number of small entities under the 
RFA, 5 U.S.C. 601 et seq. In making this determination, 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

[[Page 43523]]

relieves regulatory burden, has no net burden or otherwise has a 
positive economic effect on the small entities subject to the rule. As 
addressed in Unit II.B., this action would not significantly alter the 
TSCA Title VI regulations or supporting economic analysis for the 
December 12, 2016 final rule as published and will provide technical 
amendments to further align the EPA's TSCA Title VI program with the 
CARB ATCM Phase II program. This action will relieve or have no net 
regulatory burden for directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

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

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

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This final rule 
will not impose substantial direct compliance costs on Indian tribal 
governments. Thus, Executive Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) 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 action present a 
disproportionate risk to children. As addressed in Unit II.B., this 
action would not significantly alter the December 12, 2016 final rule 
as published and proposes technical amendments to further align the 
EPA's TSCA Title VI program with the CARB ATCM Phase II program.

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

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have a significant adverse effect on the supply, distribution 
or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards. EPA is finalizing the use 
of the following voluntary consensus standards issued by International 
Organization for Standardization/International Electrotechnical 
Commission:
    1. ISO/IEC 17011:2017(E) Conformity assessments--requirements for 
accreditation bodies accrediting conformity assessments bodies.
    2. ISO/IEC 17025:2017(E) General requirements for the competence of 
testing and calibration laboratories.
    Copies of the standards referenced in the final regulatory text at 
40 CFR 770.3 and 770.7 have been placed in the docket for this final 
rule. See Unit IV. for information on how to obtain copies of these 
standards from other sources.

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

    EPA has determined that 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 (59 FR 7629, February 16, 1994). The Agency 
presented the results of an environmental justice analysis in the 
December 12, 2016 TSCA Title VI final rule economic analysis (see EPA-
HQ-OPPT-2016-0461-0028) that supports this determination. This action 
would not significantly alter the final rule or the environmental 
justice analysis. The environmental justice analysis monetized the 
benefits from reducing the number of cases of nasopharyngeal cancer and 
sensory irritation and included an environmental justice analysis that 
expanded on the primary benefits analysis by analyzing the monetized 
impacts specifically for minority and low-income populations. This 
action will propose technical amendments to further align the EPA's 
TSCA Title VI program with the CARB ATCM Phase II program.

VI. 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), the determination to make this final rule 
effective immediately, upon publication in the Federal Register 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, Incorporation by Reference.

Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    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.  [thinsp]770.2, revise paragraph (e) introductory text and 
paragraphs (e)(1) and (4) to read as follows:


Sec.  [thinsp]770.2  Applicability and compliance dates.

* * * * *
    (e) Beginning June 1, 2018, all manufacturers (including 
importers), fabricators, suppliers, distributors, and retailers of 
composite wood products, and component parts or finished goods 
containing these materials, must comply with this part, subject to the 
following:
    (1) Beginning June 1, 2018, laminated product producers must comply 
with the requirements of this part that are applicable to fabricators.
* * * * *
    (4) Composite wood products manufactured (including imported) 
before June 1, 2018 may be sold, supplied, offered for sale, or used to

[[Page 43524]]

fabricate component parts or finished goods at any time.


Sec.  [thinsp]770.3  [Amended]

0
3. In Sec.  [thinsp]770.3:
0
 a. In the term ``Assessment'', remove ``17011:2004(E)'' and add in its 
place ``17011:2017(E)'';
0
b. In the term ``EPA TSCA Title VI Laboratory Accreditation Body or EPA 
TSCA Title VI Laboratory AB'', remove ``17025:2005(E)'' and add in its 
place ``17025:2017(E)'';
0
c. In the terms ``Reassessment'' and ``Surveillance On-Site 
Assessment'' remove ``17011:2004(E)'' and add in its place 
``17011:2017(E)'' and place the term ``Surveillance On-Site 
Assessment'' in proper alphabetical order;
0
 d. In the terms ``Reassessment'' and ``Surveillance On-Site 
Assessment'' remove ``sections 7.5 to 7.11'' and add in its place 
``sections 7.4 to 7.13''; and
0
 e. In the term ``TPC Laboratory'', remove ``17025:2005(E)'' and add in 
its place ``17025:2017(E)''.


0
 4. In Sec.  [thinsp]770.7:
0
a. In paragraphs (a)(1)(ii), (a)(5)(ii), (b)(1)(ii), (b)(5)(ii) remove 
``ISO/IEC 17011:2004(E)'' and add in its place ``ISO/IEC 
17011:2017(E);'' and,
0
 b. In paragraphs (a)(5)(i)(F), (b)(1)(iii), (b)(5)(i) introductory 
text, (b)(5)(i)(A), (c)(1)(ii), (c)(2)(iv), remove ``ISO/IEC 
17025:2005(E)'' and add in its place ``ISO/IEC 17025:2017(E);'' and,
0
 c. In paragraph (a)(5)(ii) and (b)(5)(ii) remove ``section 7.11'' and 
add in its place ``section 7.9;'' and,
0
 d. Revise paragraph (c)(4)(v)(C).
    The revision reads as follows:


Sec.  [thinsp]770.7  Third party certification.

* * * * *
    (c) * * *
    (4) * * *
    (v) * * *
    (C) Notification of a panel producer exceeding its established QCL 
for three consecutive quality control tests within 72 hours of the time 
that the TPC becomes aware of the third consecutive 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.  770.99) or ASTM D6007-14 
method (incorporated by reference, see Sec.  770.99) correlative 
equivalent values in accordance with Sec.  770.20(d), the established 
QCL value(s) and the quality control method used.
* * * * *

0
5. In Sec.  [thinsp]770.10, revise paragraph (a) to read as follows:


Sec.  [thinsp]770.10  Formaldehyde emission standards.

    (a) Except as otherwise provided in this part, the emission 
standards in this section apply to composite wood products sold, 
supplied, offered for sale, or manufactured (including imported) on or 
after June 1, 2018 in the United States. These emission standards apply 
regardless of whether the composite wood product is in the form of a 
panel, a component part, or incorporated into a finished good.
* * * * *

0
 6. In Sec.  [thinsp]770.12, revise paragraph (a) to read as follows:


Sec.  [thinsp]770.12  Stockpiling.

    (a) The sale of stockpiled inventory of composite wood products, 
whether in the form of panels or incorporated into component parts or 
finished goods, is prohibited after June 1, 2018.
* * * * *

0
7. In Sec.  [thinsp]770.15, revise paragraphs (a), (c)(1)(vii), and 
(c)(2)(v) to read as follows:


Sec.  [thinsp]770.15  Composite wood product certification.

    (a) Beginning June 1, 2018, only certified composite wood products, 
whether in the form of panels or incorporated into component parts or 
finished goods, are permitted to be sold, supplied, offered for sale, 
or manufactured (including imported) in the United States, unless the 
product is specifically exempted by this part.
* * * * *
    (c) * * *
    (1) * * *
    (vii) Correlation data and linear regression equation (or, under 
the threshold approach, the correlation data and the upper limit); and
* * * * *
    (2) * * *
    (v) Correlation data and linear regression equation (or, under the 
threshold approach, the correlation data and the upper limit); and
* * * * *

0
 8. In Sec.  [thinsp]770.17, revise paragraph (a)(4) to read as 
follows:


Sec.  [thinsp]770.17  No-added formaldehyde based resin.

    (a) * * *
    (4) Three months of routine quality control tests under Sec.  
770.20, including a showing of correlation in accordance with Sec.  
770.20(d)(2), totaling not less than thirteen quality control tests.
* * * * *


0
9. In Sec.  [thinsp]770.18, revise paragraph (a)(4) to read as follows:


Sec.  [thinsp]770.18  Ultra low-emitting formaldehyde based resins.

    (a) * * *
    (4) Six months of routine quality control tests under Sec.  770.20, 
including a showing of correlation in accordance with Sec.  
770.20(d)(2), totaling not less than twenty-six quality control tests.
* * * * *

0
 10. In Sec.  [thinsp]770.20:
0
 a. Add paragraph (c)(2)(iv);
0
b. Revise paragraphs (d) introductory text and (d)(1) introductory 
text;
0
c. Add paragraph (d)(1)(iv); and
0
e. Revise the paragraphs (d)(2) introductory text and (d)(2)(i).
    The additions and revisions read as follows:


Sec.  [thinsp]770.20  Testing requirements.

* * * * *
    (c) * * *
    (2) * * *
    (iv) Test results may represent a single chamber value or, if using 
the ASTM D6007-14 apparatus, the average value of testing nine 
specimens representing evenly distributed portions of an entire panel. 
The nine specimens must be tested in groups of three specimens, 
resulting in three data points, which must be averaged to represent one 
test value for the panel those specimens represent.
* * * * *
    (d) Equivalence or correlation. Equivalence between ASTM E1333-14 
(incorporated by reference, see Sec.  770.99) and ASTM D6007-14 
(incorporated by reference, see Sec.  [thinsp]770.99) must be 
demonstrated by EPA TSCA Title VI TPCs at least once each year or 
whenever there is a significant change in equipment, procedure, or the 
qualifications of testing personnel, or reason to believe that the 
equivalence is no longer valid. Equivalence may be demonstrated between 
several similar model or size and construction ASTM E1333-14 
(incorporated by reference, see Sec.  770.99) and ASTM D6007-14 
(incorporated by reference, see Sec.  [thinsp]770.99) apparatuses 
located in the same EPA TSCA Title VI TPC laboratory. Once equivalence 
has been established for three consecutive years, equivalence must be 
demonstrated every two years or whenever there is a significant change 
in equipment, procedure, or the qualifications of testing personnel. 
Correlation between ASTM E1333-14 (incorporated by reference, see Sec.  
770.99) or, upon a showing of equivalence in accordance with paragraph 
(d) of this section, ASTM D6007-14 (incorporated by reference, see 
Sec.  770.99) and any other test method used for quality control 
testing must be demonstrated by EPA

[[Page 43525]]

TSCA Title VI TPCs or panel producers, respectively, before the 
certification of composite wood products, and then whenever there is a 
significant change in equipment, procedure, the qualifications of 
testing personnel, or reason to believe that the correlation is no 
longer valid. Correlation may be established between several similar 
model or size and construction mill quality control test methods 
defined in paragraph (b)(1) of this section located at any one physical 
mill quality control testing laboratory to the EPA TSCA Title VI TPC's 
laboratory's ASTM E1333-14 (incorporated by reference, see Sec.  
770.99) and/or ASTM D6007-14 (incorporated by reference, see Sec.  
[thinsp]770.99) apparatus. If the TPC laboratory's ASTM E1333-14 or 
equivalent ASTM D6007-14 test chamber is used for panel producer 
quality control testing, no correlation as determined in paragraph 
(d)(2) of this section would be required. Equivalence and correlation 
sample selection should be conducted in accordance with paragraph 
(c)(2)(iv) of this section.
    (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 in each range tested by the TPC, 
which compare the results of the two methods. Equivalence must be 
demonstrated for any ranges listed in paragraph (d)(1)(iv) of this 
section that represent the formaldehyde emissions of composite wood 
products tested by the TPC.
* * * * *
    (iv) Equivalence Ranges. EPA TSCA Title VI TPCs must demonstrate 
equivalence in at least two of the three formaldehyde emission ranges 
listed in paragraphs (d)(1)(iv)(A) through (C) of this section unless 
the EPA TSCA Title VI TPC will only certify hardwood plywood products 
in the low range. If the EPA TSCA Title VI TPC will only certify 
hardwood plywood products in the low range, the EPA TSCA Title VI TPC 
may demonstrate equivalence in only that range and would then be 
restricted to only certifying those composite wood products in that 
range. Equivalence in one range must be demonstrated for at least five 
comparison sample sets in that range which compare the two methods.
    (A) Lower Range: Less than, or equal to 0.05 ppm.
    (B) Intermediate Range: Greater than 0.05 ppm to less than or equal 
to 0.15 ppm.
    (C) Upper Range: Greater than 0.15 ppm.
    (2) Correlation between ASTM E-1333-14 (incorporated by reference, 
see Sec.  [thinsp]770.99), or equivalent ASTM D6007-14 (incorporated by 
reference, see Sec.  [thinsp]770.99), and any quality control test 
method. Correlation must be demonstrated by establishing an acceptable 
correlation coefficient (``r'' value) or following the threshold 
approach at paragraph (d)(2)(i)(B) of this section.
    (i) Correlation. The correlation must be based on a minimum sample 
size of five data pairs and a simple linear regression (unless the 
threshold approach at paragraph (d)(2)(i)(B) of this section is used) 
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.  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.  770.99) test value. Either composite wood products or 
formaldehyde emissions reference materials can be used to establish the 
correlation.
    (A) Cluster Approach. A panel producer may work with its EPA TSCA 
Title VI TPC to develop a correlation and linear regression between the 
TPC's ASTM E1333-14 (incorporated by reference, see Sec.  
[thinsp]770.99) or equivalent ASTM D6007-14 (incorporated by reference, 
see Sec.  [thinsp]770.99) test method and the panel producer's quality 
control method under paragraph (b) of this section. In the event of 
clustered test results, a panel producer may fit a line through a point 
near the origin (the intersection of the X and Y axes) and the average 
value of the clustered data pairs. The point near the origin should 
represent the value for the EPA TSCA Title VI TPC's ASTM E1333-14 
(incorporated by reference, see Sec.  [thinsp]770.99) or equivalent 
ASTM D6007-14 (incorporated by reference, see Sec.  [thinsp]770.99) 
test method and the panel producer's quality control method under Sec.  
[thinsp]770.20(b) when each testing apparatus is empty or when a very 
low emitting sample is tested. The average value of the clustered data 
pairs represents the average of a minimum of five data pairs that 
compare the test results of the EPA TSCA Title VI TPC's ASTM E1333-14 
(incorporated by reference, see Sec.  [thinsp]770.99) or equivalent 
ASTM D6007-14 (incorporated by reference, see Sec.  [thinsp]770.99) 
test method with the panel producer's quality control method under 
paragraph (b) of this section. The line between the point near the 
origin and the average value of the cluster provides the linear 
regression. This line may be used by the panel producer and TPC to 
develop a quality control limit for the product.
    (B) Threshold Approach. As an alternative to the linear regression 
and cluster approaches, a panel producer may use the average value of 
the clustered data pairs from the EPA TSCA Title VI TPC's ASTM E1333-14 
(incorporated by reference, see Sec.  [thinsp]770.99) or equivalent 
ASTM D6007-14 (incorporated by reference, see Sec.  [thinsp]770.99) 
test method and the panel producer's quality control method under 
paragraph (b) of this section as the quality control limit for the 
product. In this approach, no linear regression line is established. 
The average value would be assigned as the upper quality control limit 
for production of the subject composite wood product and must be below 
the applicable emission standard.
* * * * *

0
 11. In Sec.  [thinsp]770.22, revise paragraphs (c)(2)(i) and (ii) and 
add paragraph (f)(1) and reserved paragraph (f)(2) to read as follows:


Sec.  [thinsp]770.22  Non-complying lots.

* * * * *
    (c) * * *
    (2) * * *
    (i) At least one test panel must be randomly selected so that it is 
representative of the entire non-complying lot and is not the top or 
bottom panel of a bundle. Panel sampling shall be conducted according 
to the quarterly testing procedure at Sec.  [thinsp]770.20(c)(2)(iv). 
The panel may be selected from properly stored samples set aside by the 
panel producer for retest in the event of a failure.
    (ii) The average of the three samples or the single chamber value 
(as described in Sec.  [thinsp]770.20(c)(2)(iv)) must test at or below 
the level that indicates that the product is in compliance with the 
applicable emission standards in Sec.  [thinsp]770.10.
* * * * *
    (f) * * *
    (1) If a fabricator, importer, distributor, or retailer is notified 
that they have been supplied a non-complying lot after those composite 
wood products have been fabricated into component parts or finished 
goods, the notification requirement at paragraph (d)(1) of this section 
does not apply.
    (2) [Reserved]


0
12. In Sec.  [thinsp]770.30, revise paragraphs (b) introductory text 
and (c) to read as follows:


Sec.  [thinsp]770.30  Importers, fabricators, distributors, and 
retailers.

* * * * *
    (b) Importers must demonstrate that they have taken reasonable 
precautions

[[Page 43526]]

by maintaining, for three years, bills of lading, invoices, or 
comparable documents that include a written statement from the supplier 
that the composite wood products, component parts, or finished goods 
are TSCA Title VI compliant or were produced before June 1, 2018 and by 
ensuring the following records are made available to EPA within 30 
calendar days of request:
* * * * *
    (c) Fabricators, distributors, and retailers must demonstrate that 
they have taken reasonable precautions by obtaining bills of lading, 
invoices, or comparable documents that include a written statement from 
the supplier that the composite wood products, component parts, or 
finished goods are TSCA Title VI compliant or that the composite wood 
products were produced before June 1, 2018.
* * * * *

0
13. In Sec.  [thinsp]770.45, revise paragraph (a) introductory text and 
add paragraph (f) to read as follows:


Sec.  [thinsp]770.45  Labeling.

    (a) Panels or bundles of panels that are imported, sold, supplied, 
or offered for sale in the United States must be labeled with the panel 
producer's name, the lot number, the number of the EPA TSCA Title VI 
TPC, and a statement that the products are TSCA Title VI certified. If 
a composite wood panel is not individually labeled, the panel producer, 
importer, distributor, fabricator, or retailer must have a method 
(e.g., color-coded edge marking) sufficient to identify the supplier of 
the panel and linking the information on the label to the products. 
This information must be made available to potential customers upon 
request. The label may be applied as a stamp, tag, or sticker.
* * * * *
    (f) All panels (or bundles of panels) and finished goods (or boxes 
or bundles containing finished goods) must be properly labeled pursuant 
to paragraphs (a), (b), and (c) of this section before being imported 
into the United States, except as provided in paragraph (e) of this 
setion.


0
14. In Sec.  [thinsp]770.99, revise paragraphs (e)(1) and (3) to read 
as follows:


Sec.  [thinsp]770.99  Incorporation by reference.

* * * * *
    (e) * * *
    (1) ISO/IEC 17011:2017(E) Conformity assessments--requirements for 
accreditation bodies accrediting conformity assessments bodies (Second 
Edition), November 2017.
* * * * *
    (3) ISO/IEC 17025:2017(E) General requirements for the competence 
of testing and calibration laboratories (Third Edition), November 2017.
* * * * *

[FR Doc. 2019-17284 Filed 8-20-19; 8:45 am]
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