[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
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.
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 http://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]
BILLING CODE 6560-50-P