[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22369-22372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9136]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0267; FRL-8362-6]


Formaldehyde Emissions from Composite Wood Products; TSCA Section 
21 Petition; Notice of Receipt

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that EPA has received a petition under 
section 21 of the Toxic Substances Control Act (TSCA), and requests 
comments on issues raised by the petition. The petition was received on 
March 24, 2008, from 25 organizations and approximately 5,000 
individuals. The petitioners are concerned about risks to human health 
and the environment from exposure to formaldehyde in composite wood 
products, including hardwood plywood, particle board, and medium 
density

[[Page 22370]]

fiberboard. They are petitioning EPA to assess and reduce these risks 
by exercising its authority under TSCA section 6(a) to: Adopt and apply 
nationally the formaldehyde emissions regulation for composite wood 
products recently approved by the California Air Resources Board; and 
to extend the regulation to include composite wood products used in 
manufactured homes. EPA must either grant or deny a TSCA section 21 
petition within 90 days of receipt of the petition, which for this 
petition is June 21, 2008.

DATES: Comments must be received on or before May 12, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2008-0267, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: Docket ID Number EPA-HQ-OPPT-2008-0267. The DCO is open from 
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the DCO is (202) 564-8930. Such deliveries are 
only accepted during the DCO's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2008-0267. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the docket index 
available in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 
Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov 
website to view the docket index or access available documents. 
Although listed in the index, some information is not publicly 
available, e.g., CBI or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available electronically at http://www.regulations.gov, or, if only available in hard copy, at the OPPT 
Docket. The OPPT Docket is located 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 Federal 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. Docket visitors 
are required to show photographic identification, pass through a metal 
detector, and sign the EPA visitor log. All visitor bags are processed 
through an x-ray machine and subject to search. Visitors will be 
provided an EPA/DC badge that must be visible at all times in the 
building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Linter, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Mary Belefski, Office of Science 
Coordination and Policy (7201M), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8461; e-mail address: belefski.mary @epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by an action in response to this 
petition, if you manufacture, process, import, or distribute in 
commerce composite wood products, including hardwood plywood, particle 
board, and medium density fiberboard. Potentially affected entities may 
include, but are not limited to:
     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).
     All other basic organic chemical manufacturing (NAICS code 
325199), e.g., formaldehyde manufacturing.
     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).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities that may potentially be affected 
by this action. Other types of entities not listed in this unit could 
also be affected. The North American Industrial Classification System 
(NAICS) codes have been provided to assist you and others in 
determining whether this action might apply to certain entities. To 
determine whether you or your business may be affected by this action, 
you should carefully examine the TSCA section 21 petition. If you have 
any questions regarding the applicability of this action to a 
particular entity, consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.

[[Page 22371]]

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and 
then identify electronically within the disk or CD-ROM the specific 
information that is claimed as CBI. In addition to one complete version 
of the comment that includes information claimed as CBI, a copy of the 
comment that does not contain the information claimed as CBI must be 
submitted for inclusion in the public docket. Information so marked 
will not be disclosed except in accordance with procedures set forth in 
40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. What is a TSCA Section 21 Petition?

    Section 21 of TSCA allows citizens to petition EPA to initiate a 
proceeding for the issuance, amendment, or repeal of a rule under TSCA 
section 4, 6, or 8 or an order under TSCA section 5(e) or 6(b)(2). A 
TSCA section 21 petition must set forth facts that the petitioner 
believes establish the need for the action requested. EPA is required 
to grant or deny the petition within 90 days of its filing. If EPA 
grants the petition, EPA must promptly commence an appropriate 
proceeding. If EPA denies the petition, EPA must publish its reasons 
for the denial in the Federal Register. Within 60 days of denial or 
expiration of the 90-day period, if no action is taken, the petitioner 
may commence a civil action in a U.S. district court to compel 
initiation of the requested rulemaking proceeding.

B. What Action is Requested Under this TSCA Section 21 Petition?

    On March 24, 2008, the Sierra Club, National Center for Healthy 
Housing, National Coalition to End Childhood Lead Poisoning, Alliance 
for Healthy Homes, National Housing Institute, Healthy Building 
Network, Gulf Coast Environmental Restoration Task Force of Sierra 
Club, Next Generation Choices Foundation, Improving Kids' Environment, 
EarthRose Institute, Grassroots Environmental Education, Healthy Homes 
of Louisiana, Lower Mississippi Riverkeeper, Women's Community Cancer 
Project, Gulf Coast D'Iberville Volunteers Foundation, Advocates for 
Environmental Human Rights, Environmental Health Watch, North Gulfport 
Community Land Trust, Louisiana Environmental Action Network, Allergy 
and Environmental Health Assoc., Aspen River Construction, DeVany 
Industrial Consultant, Protect Sacred Sites ``Indigenous People, One 
Nation,'' United People of the Cherokee Nation, Clean Air Athens, and 
approximately 5,000 individuals petitioned EPA under TSCA section 21. 
The petitioners are concerned about risks to human health and the 
environment from exposure to formaldehyde emitted from composite wood 
products, including hardwood plywood, particle board, and medium 
density fiberboard. They are petitioning EPA to assess and reduce these 
risks by exercising its authority under TSCA section 6(a) to:
    1. Adopt and apply nationally the formaldehyde emissions regulation 
for composite wood products, including hardwood plywood, particle 
board, and medium density fiberboard, recently adopted by the 
California Air Resources Board.
    2. Extend the regulation to include composite wood products used in 
manufactured homes.

C. EPA Seeks Public Comment

    Under TSCA section 21, EPA must either grant or deny a petition 
within 90 days. Because the 90-day response date is June 21, 2008, EPA 
will allow the public until May 12, 2008 to reply with any additional 
information relevant to the issues identified in the petition, a copy 
of which can be obtained from the public docket (see ADDRESSES).
    While EPA is interested in any information relevant to the issues 
identified in the petition, EPA is particularly interested in comments 
that address any of the following questions:
    1. Present domestic composite wood market. What percentage (by 
volume of product) of the domestic hardwood plywood, particle board, 
and medium density fiberboard (``composite wood'') markets, exclusive 
of California, presently conform to the Phase 1 or Phase 2 emissions 
limits in the California Air Toxic Control Measure (ATCM) for 
formaldehyde in composite wood products? For information on the 
California ATCM see http://www.arb.ca.gov/toxics/compwood/compwood.htm.
    2. Future domestic composite wood market--i. What percentage (by 
volume of product) of the domestic composite wood market, exclusive of 
California, anticipates conforming to the California ATCM in the 
future?
    ii. How is this likely to vary by region of the country, as 
compared to the national market?
    3. Formaldehyde emitting substitutes--i. What low or no 
formaldehyde emitting substitutes exist?
    ii. What percentage of the composite wood market uses them?
    iii. What percentage of the national composite wood market, 
exclusive of California, is expected to use them after 2012 (when 
California's Phase 2 emission limits have become effective)?
    4. Composite wood products used in manufactured housing. While the 
California regulation does not apply to manufactured housing, the 
petitioners have asked EPA to apply the California regulation ``to 
composite wood products used in manufactured housing'':
    i. What percentage of the composite wood market is used in 
manufactured housing?
    ii. How are the composite wood products used in manufactured 
housing different from composite wood products subject to the 
California regulation?
    iii. What is the annual volume of composite wood products used in 
manufactured housing?
    iv. What percentage of composite wood products (by volume of 
product) is used in manufactured housing and is therefore not subject 
to the California regulations?
    v. What percentage of composite wood products used for manufactured 
housing and not subject to California's regulations nonetheless meets 
the California emission limits?
    In assessing the usability of any data or information that may be 
submitted,

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EPA plans to follow the guidelines in EPA's ``A Summary of General 
Assessment Factors for Evaluating the Quality of Scientific and 
Technical Information'' (EPA 100B-03/001), referred to as the 
``Assessment Factors Document.'' The ``Assessment Factors Document'' 
was published in the Federal Register issue of July 1, 2003 (68 FR 
39086) (FRL-7520-2) and is available on-line at http://www.epa.gov/fedrgstr/EPA-GENERAL/2003/July/Day-01/g16328.htm. That document is also 
available on-line at http://www.epa.gov/osa/spc/assess.htm.

List of Subjects

    Environmental protection, Composite wood products, Formaldehyde, 
Housing, Toxic Substance Control Act (TSCA).


    Dated: April 21, 2008.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
[FR Doc. E8-9136 Filed 4-24-08; 8:45 am]
BILLING CODE 6560-50-S