[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]


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

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 
http://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 http://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