[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5562-5567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01474]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 3280 and 3282
[Docket No. FR 6018-F-02]
RIN 2502-AJ42
Streamlining and Aligning Formaldehyde Emission Control Standards
for Certain Wood Products in Manufactured Home Construction With Title
VI of the Toxic Substance Control Act
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Final rule.
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SUMMARY: HUD is issuing a final rule to implement the Formaldehyde
Standards for Composite Wood Products Act of 2010, which added Title VI
to the Toxic Substances Control Act (TSCA). The purpose of TSCA Title
VI is to reduce exposures to formaldehyde emissions from composite wood
products, thereby resulting in benefits from avoided adverse health
effects. In addition, HUD is removing certain aspects of the current
manufactured housing formaldehyde standards requirements that are not
addressed by TSCA. This final rule follows publication of a March 22,
2019, proposed rule and takes into consideration the public comments
received on the proposed rule. This final rule also incorporates by
reference, ASTM D6007-14 and ASTM E1333-14, the current standard
requirements for formaldehyde concentration and emissions rate air
chamber testing.
DATES: This final rule is effective March 2, 2020. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of March 2, 2020.
FOR FURTHER INFORMATION CONTACT: Teresa B. Payne, Acting Administrator,
Office of Manufactured Housing Programs, Office of Housing, Department
of Housing and Urban Development, 451 7th Street SW, Washington, DC
20410; telephone 202-402-5365 (this is not a toll-free number). Persons
with hearing or speech impairments may access this number via TTY by
calling the Federal Relay Service at 800-877-8389 (toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background--HUD's March 22, 2019 Proposed Rule
The Formaldehyde Standards for Composite Wood Products Act of 2010,
which added TSCA Title VI (Pub. L. 111-199, enacted on July 7, 2010)
(``Formaldehyde Act of 2010''), established new formaldehyde emissions
standards for all hardwood plywood, medium-density fiberboard, and
particleboard, including when incorporated into finished goods, that
are sold, supplied, offered for sale, or manufactured (including
imported) in the United States. TSCA Title VI directs HUD to update its
regulation addressing formaldehyde emission standards to ensure
consistency with the standards in TSCA not later than 180 days after
the Environmental Protection Agency (EPA) promulgates regulations.
EPA's final rule implementing the new requirements became effective May
22, 2017. See 81 FR 89674.
On March 22, 2019, HUD published a proposed rule in the Federal
Register, at 84 FR 10738, to streamline and align formaldehyde emission
control standards requirements for certain wood products in
manufactured homes with Title VI of the Toxic Substance Control Act.
The rule proposed revising HUD's current formaldehyde emission
standards for composite wood products used in manufactured housing at
24 CFR parts 3280 and 3282 to ensure consistency with the requirements
established by section 601 of TSCA and EPA requirements, including the
scope of products tested and processes for testing.
In addition, HUD proposed to remove certain aspects of HUD's
manufactured housing formaldehyde standards requirements that are not
addressed by TSCA, including provisions for a health notice to be
posted in every manufactured home, testing of panels treated after
certification, and testing of certain plywood materials. Lastly, HUD's
proposed rule also added the EPA required provision for labeling
finished goods by requiring labeling of each manufactured home as being
``TSCA Title VI compliant'' to the data plate of each manufactured home
in 24 CFR 3280.5,\1\ as recommended by the
[[Page 5563]]
Manufactured Housing Consensus Committee.\2\ For additional information
about HUD's proposed rule, see 84 FR 10738.
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\1\ On October 25-27, 2016, HUD held a meeting with the
Manufactured Housing Consensus Committee (MHCC). See 81 FR 66288.
The Committee voted to accept a working draft of the proposed rule
which cross-referenced EPA's requirements in HUD's regulations and
removed the health hazard warning requirement in 24 CFR 3280.309.
See Minutes MHCC Meeting October 25-27, 2016, https://portal.hud.gov/hudportal/documents/huddoc?id=mhcc-oct2016-meetminsfinal.pdf.
\2\ The Manufactured Housing Improvement Act of 2000 (Title VI
of Pub. L. 106-569) created the Manufactured MHCC to develop
proposed revisions to the Federal manufactured home construction and
safety standards.
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II. Changes and Clarifications Made in This Final Rule
In response to public comments on the proposed rule, a discussion
of which is presented in the following section of this preamble, this
final rule incorporates the following changes described below and minor
technical changes.
A. Samples for Testing
HUD's new Sec. 3280.406(c) incorporated the testing of composite
wood product samples under 40 CFR 770.24. As drafted, the language of
this provision was limited to samples not produced in the United
States, but imported and transported across the country for testing.
Recognizing that the provision was meant to permit samples to be sent
for testing without automatically triggering a violation for both
American producers as well as importers, HUD amends the language in the
final rule to apply to all samples for testing.
B. Quality Control Testing
HUD's new Sec. 3280.407(b) incorporated the composite wood product
quality control test methods from 40 CFR 770.20(d). The language in the
proposed rule provided that panels being tested with an equivalence,
correlation, or ``alternative method'' must be in compliance with the
requirements of 40 CFR 770.20(d). However, a commenter noted that
almost all testing is done with reference to a correlation value,
regardless of the testing method. The term ``alternative method'' is
eliminated from the final rule for clarity.
C. Technical Changes
HUD amends for clarity the language on the data plate from ``TSCA
Title VI compliant'' to compliant with Title VI, Toxic Substances
Control Act. In addition, HUD makes minor changes to the language in
Sec. 3280.406 to clarify certification testing and quarterly testing.
III. Discussion of Public Comments Received on March 22, 2019, Proposed
Rule
The public comment period for the proposed rule closed on April 22,
2019. HUD received five public comments in response to the proposed
rule. These comments were submitted by a private citizen, industry
associations, and manufactured housing associations.
Four commenters generally supported HUD's proposed rule. One
commenter supported the removal of the provisions that were
inconsistent with TSCA, and another commenter noted that the
streamlining will avoid the need for duplicative testing. Commenters
were generally supportive of the proposed rule, but, as provided in the
following section of this Preamble, they also recommended changes or
clarifications, two of which are discussed above.
Comments: Most commenters agreed that the removal of the health
notice was appropriate and necessary. The commenters noted that
requiring such a notice for manufactured homes, but not site-built
homes is inconsistent and doing so created a stigma. One commenter
wrote that the notice should not be removed because the change to
ventilation standards may still have no effect on decreasing the risks
derived from the formaldehyde emissions.
HUD Response: HUD believes the significant decrease in formaldehyde
emissions required by EPA's rule and referenced by HUD's rule combined
with HUD's whole house ventilation requirements mitigate issues
identified in the health notice. Further, the substantial similarities
in construction methods, materials, and ventilation features between
manufactured and site-built housing, without such a notice required for
site-built housing, supports the action to eliminate the health notice
in manufactured housing.
Comments: One commenter suggested that HUD amend Sec. 3280.406(c),
which incorporates the testing of samples under 40 CFR 770.24. The
commenter noted that HUD limited the sampling language to imported
samples in the proposed rule, but the provision was drafted to permit
samples to be sent for testing without automatically triggering a
violation for both American producers as well as importers.
HUD Response: HUD agrees and has made appropriate clarifications
within the final language in Sec. 3280.406(c).
Comments: One commenter suggested HUD amend Sec. 3280.407(b),
which incorporates control testing under 40 CFR 770.20(d). The
commenter noted that almost all quality control testing is done with
reference to a correlation value, regardless of the test methodology.
The commenter wrote that it is unclear what ``alternative method''
means in this context; ``equivalence and correlation'' must be
determined in accordance with 40 CFR 770.20(d).
HUD Response: HUD agrees and has made appropriate clarifications
within the final language in Sec. 3280.407(b).
Comments: One commenter noted that the proposed rule restricts the
merchantability of non-conforming material. Such restrictions on an end
user may be unfairly burdensome for a homeowner trying to resell a home
that was purchased in good faith and without knowledge of any defect.
The commenter suggested that HUD adapt the EPA's remedy of this problem
by providing an exception for ``any finished good that has previously
been sold or supplied to an end user, an individual, or entity that
purchased or acquired the finished good in good faith for purposes
other than resale.'' The commenter also recommended that HUD go further
to protect an end user who acquired a manufactured home in good faith
and is now selling it, but is either currently unaware or was only
recently made aware that the home is not in compliance.
HUD Response: HUD's regulations are intended for the design and
construction of new manufactured homes. HUD does not regulate resale
transactions. However, latent defects in manufactured housing are
addressable under the Manufactured Home Procedural and Enforcement
Regulations. If a manufacturer becomes aware that it has systematically
introduced a failure to conform into a manufactured home, it must
conduct an investigation and take additional action (notification,
correction, or both) as may be required under 24 CFR part 3232, subpart
I. Regarding composite wood products, if a home manufacturer acquires
knowledge that it has used non-conforming material, the home
manufacturer remains responsible and may choose to work with the panel
producer and/or supplier to address any required corrections approved
by a State Administrative Agency or HUD as part of a Notification and
Correction campaign.
Comments: One commenter noted that EPA's rule is discriminatory in
its treatment of HUD manufactured housing as a ``finished good'' at 40
CFR 770.3, but not site-built homes. The commenter suggested that HUD
reject this distinction because manufactured housing results in
increased compliance costs that mostly fall on lower and
[[Page 5564]]
moderate-income American families that reside in manufactured housing.
HUD Response: HUD is absent authority to interpret or otherwise
modify EPA's rule. However, HUD is streamlining its formaldehyde
emissions standards through this rulemaking to ensure home
manufacturers are not subject to different regulatory compliance
requirements of both EPA and HUD. HUD believes this will reduce
regulatory burdens and as such minimize cost impacts to manufacturers
and costs passed on to home purchasers.
Comments: One commenter recommended that HUD repeal its regulations
entirely to eliminate duplication of regulations. The commenter cited
the fact that EPA standards are lower, the EPA rule addresses
composite-wood products, and the EPA regulations include testing and
certification prior to fabrication. The commenter also noted that
manufactured homes have, for nearly 30 years, already achieved
formaldehyde safety for consumers through compliance with existing HUD
regulations that are less costly to meet than the TSCA standards, but
nevertheless ensure the safety of manufactured home residents.
HUD Response: HUD is completing this rulemaking in accordance with
the Toxic Substances Control Act Title VI in order to streamline its
formaldehyde emissions standards and eliminate differing standards.
Through this rulemaking, HUD will ensure home manufacturers are not
subject to different regulatory compliance requirements of multiple
federal oversight agencies. HUD believes this will reduce regulatory
burdens and as such minimize cost impacts to manufacturers and home
purchasers.
Comments: Two commenters recommended that HUD delay final rule
implementation until EPA provides any clarifications as a result of its
proposed rulemaking issued November 1, 2018, entitled ``Technical
Issues in the Formaldehyde Emission Standards for Composite Wood
Products Regulation.''
HUD Response: HUD is issuing a final rule that correlates with
EPA's final rule provisions, mostly by reference to EPA's regulations.
HUD will consider future rulemaking, as needed, pursuant to changes EPA
may make in future rulemaking if those changes affect any specific
provision promulgated by HUD.
Comments: One commenter agreed that HUD should move the disclosure
statement to the data plate, consistent with the other items on the
data plate. Another commenter noted that space on the data plate is
limited and suggested that HUD shorten the statement to either ``TSCA
Title VI compliant'' or ``This home is TSCA Title VI compliant.''
Another commenter suggested that HUD forego such a statement and
reserve the space for future disclosures or technical information,
given that only compliant homes receive a data plate.
HUD Response: HUD believes that sufficient space is available
within the data plate for the minimal compliance statement required by
Sec. 3280.5(i). Further, HUD has decided to change the text of the
data plate statement by spelling out the Toxic Substance Control Act.
IV. Incorporation by Reference
This rule incorporates the following standard test methods for
determining formaldehyde concentrations in air and emission rates from
wood products, listed below. The standards are readily available
electronically or in print and are relatively inexpensive (less than
$60 a copy). Copies of these materials may be obtained from the
American Society for Testing and Materials (ASTM), 100 Barr Harbor
Drive, West Conshohocken, PA 19428, (610) 832-9500, fax number (610)
832-9555, website: http://www.astm.org.
ASTM D0007-14 Standard Test Method for Determining
Formaldehyde Concentrations in Air from Wood Products Using a Small-
Scale Chamber (2014). This test method measures the formaldehyde
concentrations in air from wood products under defined test conditions
of temperature and relative humidity. Results obtained from this small-
scale chamber test method are intended to be comparable to results
obtained testing larger product samples by the large chamber test
method for wood products, Test Method E1333. The results may be
correlated to values obtained from ASTM Test Method E1333.
ASTM D60007-14 is available for purchase in electronic and hard
copy formats at http://www.astm.org/cgi-bin/resolver.cgi?D6007. General
information is available at http://www.astm.org/Standards/D60007.htm.
ASTM E1333-14 Standard Test Method for Determining
Formaldehyde Concentrations in Air and Emission Rates from Wood
Products Using a Large Chamber (2014). This test method measures the
formaldehyde concentration in air and emission rate from wood products
containing formaldehyde by the use of a large chamber under specific
test conditions of temperature and relative humidity, or conditions
designed to simulate product use. This method employs a single set of
environmental conditions but different product loading ratios to assess
formaldehyde concentrations in air and emission rates from certain wood
products. The conditions controlled in the procedure are the
conditioning of specimens prior to testing, exposed surface area of the
specimens in the test chamber, test chamber temperature and relative
humidity, number of air changes per hour, and air circulation within
the chamber. At the end of a specified time period in the test chamber,
the air is sampled, and the concentration of formaldehyde in the air
and emission rate are determined.
ASTM E1333-14 is available for purchase in electronic and hard copy
formats at http://www.astm.org/cgi-bin/resolver.cgi?E1333. General
information is available at http://www.astm.org/Standards/E1333.htm.
V. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health, and safety effects; distributive impacts; and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility.
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made whether a regulatory action is significant
and, therefore, subject to review by the Office of Management and
Budget (OMB) in accordance with the requirements of the order. This
final rule was determined not to be a ``significant regulatory action''
as defined in section 3(f) of the Executive order, and not an
economically significant regulatory action, as provided under section
3(f)(1) of Executive Order 12866.
Executive Order 13771
Executive Order 13771, entitled ``Reducing Regulation and
Controlling Regulatory Costs,'' was issued on January 30, 2017. Section
2(a) of Executive Order 13771 requires an agency, unless prohibited by
law, to identify at least two existing regulations to be repealed when
the agency publicly proposes for notice and comment or otherwise
promulgates a new regulation. In furtherance of this requirement,
section 2(c) of Executive Order 13771 requires that the new incremental
costs associated with new regulations shall, to
[[Page 5565]]
the extent permitted by law, be offset by the elimination of existing
costs associated with at least two prior regulations.
For the reasons discussed in the Regulatory Impact Analysis, this
final rule has been determined to be an Executive Order 13771
deregulatory action.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless the
collection displays a valid control number. OMB issued HUD control
number 2502-0253 for the information collection requirements under the
Manufactured Home Construction and Safety Standards Act Reporting
Requirements.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub.
L. 104-4, approved March 22, 1995), establishes requirements for
Federal agencies to assess the effects of their regulatory actions on
State, local, and tribal governments, and on the private sector. This
final rule does not impose any Federal mandates on any State, local, or
tribal government, or on the private sector, within the meaning of the
UMRA.
Environmental Review
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which implement section 102(2)(C) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant
Impact is available for public inspection between the hours of 8 a.m.
and 5 p.m. weekdays in the Regulations Division, Office of General
Counsel, Room 10276, Department of Housing and Urban Development, 451
Seventh Street SW, Washington, DC 20410-0500.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. This final rule
regulates establishments primarily engaged in making manufactured homes
(North American Industry Classification System (NAICS) Code 32991). The
Small Business Administration defines a small manufactured homes
manufacturing business as one that does not exceed 1,250 employees. Of
the 222 firms included under this NAICS definition, approximately 35
produce manufactured homes subject to HUD's Manufactured Housing
Construction and Safety Standards. Other entities covered by this NAICS
code build non-HUD-code prefabricated buildings. Of the 35
manufacturers subject to HUD's Manufactured Housing Construction and
Safety Standards, 31 are considered to be small businesses based on the
threshold of 1,250 employees or less.
As required by statute, EPA published a final rule that established
new formaldehyde emission standards for composite wood products (81 FR
89674). As also required by statute, HUD's final rule updates HUD's
formaldehyde requirements to align with and reflect those issued by
EPA. Despite the new requirements, as discussed in HUD's regulatory
impact analysis, HUD anticipates there will not be any new or
additional cost impacts resulting from implementation of this final
rule--other than de minimis costs to change the template used to create
the data plate. Initially, composite wood products at EPA reduced
formaldehyde levels are currently the majority of products available in
the marketplace. This circumstance exists because of similar
requirements currently in effect in California under the California Air
Resources Board (CARB) Airborne Toxic Control Measure (ATCM). CARB ATCM
requires composite wood products used in manufactured housing shipped
to California to already comply with CARB requirements. As with many
industries, rather than procuring special products for different final
destinations, manufactured housing producers are likely to procure
products that can be used in homes that it can ship anywhere.
This impact analysis includes all segments--manufacturers,
retailers, and consumers, including small entities. In EPA's final
rule, which affected a much broader number and type of small entities,
for example, EPA determined in Table 2 that 99 percent of small
business firms with cost impacts of more than 1 percent of revenues
will have annualized costs of less than $250 per year.
In addition, this final rule will provide cost savings for HUD's
manufactured housing manufacturers covered by this rule by eliminating
the burden of placing the health notice (approximately $270,270 a
year), testing structural plywood and retesting panels after a
finishing is added. Therefore, while the final rule affects a
substantial number of small entities, for 31 out of the 35 affected
entities (86 percent), HUD believes the de minimis cost of implementing
this final rule--specifically the change to the data plate--will be
offset by the savings that result from the changes in materials subject
to testing and the removal of the health notice. HUD has determined the
impact of this final rule on all entities, to include small entities,
is not significant.
For the reasons stated above, HUD knows of no instance of a
manufacturer with fewer than 1,250 employees that will be significantly
affected economically by this rule. Therefore, although this final rule
affects a substantial number of small entities, HUD has determined that
it will not have a significant economic impact on them.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on State and local
governments or is not required by statute, or the rule preempts State
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive order. This final rule does not have
federalism implications and does not impose substantial direct
compliance costs on State and local governments or preempt State law
within the meaning of the Executive order.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance program number for
Manufactured Housing Construction and Safety Standards is 14.171.
List of Subjects
24 CFR Part 3280
Housing standards, Incorporation by reference, Manufactured homes.
24 CFR Part 3282
Consumer protection, Manufactured homes.
Accordingly, for the reasons stated above, HUD amends 24 CFR parts
3280 and 3282 as follows:
PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
0
1. The authority citation for part 3280 is revised to read as follows:
Authority: 15 U.S.C. 2697, 42 U.S.C. 3535(d), 5403, and 5424.
[[Page 5566]]
0
2. Amend Sec. 3280.4 as follows:
0
a. Redesignate paragraphs (p)(25) through (33) as paragraphs (p)(26)
through (34);
0
b. Add new paragraph (p)(25); and
0
c. Revise newly redesignated paragraph (p)(31).
The addition and revision read as follows:
Sec. 3280.4 Incorporation by reference.
* * * * *
(p) * * *
(25) ASTM D6007-14, Standard Test Method for Determining
Formaldehyde Concentrations in Air from Wood Products Using a Small Air
Chamber, approved October 1, 2014; IBR approved for Sec. 3280.406(b).
* * * * *
(31) ASTM E1333-14, Standard Test Method for Determining
Formaldehyde Concentrations in Air and Emission Rates from Wood
Products Using a Large Air Chamber, approved October 1, 2014; IBR
approved for Sec. 3280.406(b).
* * * * *
0
3. In Sec. 3280.5, add paragraph (i) to read as follows:
Sec. 3280.5 Data plate.
* * * * *
(i) The statement: The manufacturer certifies this home is
compliant with the Title VI, Toxic Substances Control Act.
0
4. Revise Sec. 3280.308 to read as follows:
Sec. 3280.308 Formaldehyde emission controls for composite wood
products
(a) Definitions. For purposes of this section, the definitions
found in 40 CFR 770.3 apply.
(b) Formaldehyde emission levels. The following maximum
formaldehyde emission standards apply whether the composite wood
product is in the form of a panel or is incorporated into a component
part or finished good:
(1) For hardwood plywood made with a veneer core or composite core,
the maximum level is 0.05 parts per million (ppm) of formaldehyde;
(2) For medium density fiberboard, the maximum level is 0.11 ppm of
formaldehyde;
(3) For thin medium density fiberboard, the maximum level is 0.13
ppm of formaldehyde; and
(4) For particleboard, the maximum level is 0.09 ppm of
formaldehyde.
(c) Product certification and continuing qualification. Only
certified composite wood products whether in the form of panels or
incorporated into component parts or finished goods, are permitted to
be used in manufactured homes sold, supplied, offered for sale, or
manufactured in or imported into the United States, consistent with
Environmental Protection Agency (EPA) product testing requirements at
40 CFR 770.15. See Sec. 3280.406 for testing requirements for product
certification and testing requirements for continuing qualification of
formaldehyde emission levels.
(d) Panel label. Manufactured homes must use panels or bundles of
panels that are labeled by a panel producer consistent with the
labeling requirements at 40 CFR 770.45.
(e) Finished good certification label. Each manufactured home must
be provided with a finished good certification label indicating that
the home has been produced with composite wood products, or finished
goods that contain composite wood products, that comply with the
formaldehyde emission requirements of this part and 40 CFR part 770,
consistent with Sec. 3280.5(i).
(f) Non-complying lots. Composite wood products from non-complying
lots (i.e., lots that exceed the applicable formaldehyde ppm) are not
certified composite wood products and may not be used in manufactured
homes except in accordance with 40 CFR 770.22.
(g) Stockpiling. The use of stockpiled inventory of composite wood
products, whether in the form of panels or incorporated into component
parts or finished goods, in manufactured homes, is prohibited in
accordance with EPA regulations at 40 CFR 770.12(b) through (d).
(h) Third party certification. All composite wood products in
paragraph (b) of this section must be certified by an agency or
organization that has been recognized to participate in the EPA Toxic
Substances Control Act (TSCA) Title VI Third Party Certification
Program.
Sec. 3280.309 [Removed]
0
5. Remove Sec. 3280.309.
0
6. Revise Sec. 3280.406 to read as follows:
Sec. 3280.406 Air chamber test methods for certification and
continuing qualification of formaldehyde emission levels.
(a) Definitions. For purposes of this section, the definitions
found in 40 CFR 770.3 apply.
(b) Testing requirements. Testing of composite wood products must
be performed pursuant to the general requirements of 40 CFR 770.20(a)
and (b). Certification testing must be performed pursuant to one of the
air chamber test methods specified in 40 CFR 770.15 (ASTM E1333-14, or
ASTM D6007-14, both incorporated by reference, see Sec. 3280.4).
Quarterly testing must be performed pursuant to one of the air chamber
test methods specified in 40 CFR 770.20(c) (ASTM E1333-14 or ASTM
D6007-14).
(c) Samples for testing. Samples for testing shall comply with 40
CFR 770.24.
0
7. Add Sec. 3280.407 to read as follows:
Sec. 3280.407 Quality control testing, manuals, facilities, and
personnel.
(a) Definitions. For purposes of this section, the definitions
found in 40 CFR 770.3 apply.
(b) Quality control testing. Quality control testing is required
for hardwood plywood made with a veneer core or composite core, medium
density fiberboard, thin medium density fiberboard, and particleboard
and must be performed in accordance with the general requirements in 40
CFR 770.20(a) and by one of the test methods and at the frequency
specified in 40 CFR 770.20(b). Panels being tested with an equivalence
and correlation must be determined in accordance with 40 CFR 770.20(d).
(c) Quality control manuals, facilities, and personnel. A panel
producer must have a written quality control manual, must designate a
quality control facility for conducting quality control formaldehyde
testing under this section, and must designate a person as quality
control manager with adequate experience and/or training to be
responsible for formaldehyde emissions quality control consistent with
40 CFR 770.21. A panel producer means a manufacturing plant or other
facility that manufactures (excluding facilities that solely import
products) composite wood products (hardwood plywood made with a veneer
or composite core, medium-density fiberboard, and particleboard) on the
premises.
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
0
8. The authority citation for part 3282 is revised to read as follows:
Authority: 15 U.S.C. 2697, 42 U.S.C. 3535(d), 5403, and 5424.
0
9. In Sec. 3282.7, add paragraph (o) to read as follows:
Sec. 3282.7 Definitions.
* * * * *
(o) Finished good has the meaning provided in 40 CFR 770.3.
* * * * *
0
10. Add Sec. 3282.212 to read as follows:
[[Page 5567]]
Sec. 3282.212 Toxic Substances Control Act (TSCA) Title VI
requirements.
Manufacturers must maintain bills of lading, invoices, or
comparable documents that include a written statement from the supplier
that the component or finished goods are TSCA Title VI compliant for a
minimum of 3 years from the date of import, purchase, or shipment,
consistent with 40 CFR 770.30(c) and 770.40.
0
11. Add Sec. 3282.257 to read as follows:
Sec. 3282.257 TSCA Title VI requirements.
Retailers and distributors must maintain bills of lading, invoices,
or comparable documents that include a written statement from the
supplier that the component or finished goods are TSCA Title VI
compliant for a minimum of 3 years from the date of import, purchase,
or shipment, consistent with 40 CFR 770.30(c) and 770.40.
Dated: January 23, 2020.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2020-01474 Filed 1-30-20; 8:45 am]
BILLING CODE 4210-67-P