[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Proposed Rules]
[Pages 57432-57435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20043]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0245; FRL-8452-03-OCSPP]
RIN 2070-AK94


Voluntary Consensus Standards Update; Formaldehyde Emission 
Standards for Composite Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: On March 29, 2022, the Environmental Protection Agency (EPA) 
proposed to update of the incorporation by reference of several 
voluntary consensus standards in the Agency's formaldehyde standards 
for composite wood products regulations under the Toxic Substances 
Control Act (TSCA). Two additional voluntary consensus standards that 
are incorporated by reference in the existing regulations were updated 
by the issuing standards organization after the public comment period 
for the March 29, 2022, proposed rule ended. EPA is now proposing to 
update the incorporation by reference of the two additional voluntary 
consensus standards in the formaldehyde standards for composite wood 
products regulations.

DATES: Comments must be received on or before October 20, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2017-0245, through the Federal eRulemaking 
Portal at https://www.regulations.gov. Follow the online instructions 
for submitting comments. Do not submit electronically any information 
you consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Additional 
instructions on commenting and visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Jeffrey Putt, Existing Chemicals 
Risk Management Division (Mail Code 7404T), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 564-3703; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be affected by this supplemental proposal if you 
manufacture (including import), sell, supply, or offer for sale in the 
United States any of the following: hardwood plywood, medium-density 
fiberboard, particleboard, and/or products containing these composite 
wood materials. You may also be affected by this supplemental proposal 
if you test or work with certification firms that certify such 
materials. 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

[[Page 57433]]

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).
     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.

B. What is the Agency's authority for taking this action?

    EPA is issuing this supplemental proposal pursuant to the authority 
in section 601 of TSCA, 15 U.S.C. 2697, relating to formaldehyde 
emission standards for composite wood products.

C. What action is the Agency taking?

    The Agency is issuing this proposed rule to supplement a recent 
Notice of Proposed Rulemaking (Ref. 1). EPA is specifically soliciting 
comment on the proposed inclusion of ANSI A208.1-2022 Particleboard and 
ANSI A208.2-2022 Medium Density Fiberboard to update the incorporation 
by reference (IBR) of these two voluntary consensus standards issued by 
the Composite Panel Association (CPA) in 40 CFR 770.99 to reflect the 
most recent editions. CPA updated these standards after EPA 
incorporated them in 40 CFR 770.99 and after the proposed rule (87 FR 
17963) was published on March 29, 2022. The supplemental proposed rule 
would require regulated entities to adhere to the updated editions of 
the voluntary consensus standards when complying with the requirements 
of 40 CFR part 770.
    EPA is proposing to update the IBR of these two standards assembled 
by CPA in 40 CFR 770.99 to reflect the most recent editions:
1. Particleboard (ANSI A208.1-2022)
    This standard was approved through the American National Standards 
Institute (ANSI) and describes the requirements and test methods for 
dimensional tolerances, physical and mechanical properties and 
formaldehyde emissions for particleboard, along with methods of 
identifying products conforming to the standard. The ANSI standard was 
last updated in June 2022 (Ref. 2). EPA is proposing to take action to 
update the version of the standard incorporated by reference in 40 CFR 
770.99 from ANSI A208.1-2016 to ANSI A208.1-2022.
2. Medium Density Fiberboard (MDF) for Interior Applications (ANSI 
A208.2-2022)
    This standard was approved through ANSI and describes the 
requirements and test methods for dimensional tolerances, physical and 
mechanical properties and formaldehyde emissions for MDF, along with 
methods of identifying products conforming to the standard. The ANSI 
standard was last updated in April 2022 (Ref. 3). EPA is proposing to 
take action to update the version of the standard incorporated by 
reference in 40 CFR 770.99 from ANSI A208.2-2016 to ANSI A208.2-2022.
3. Availability
    Copies of these materials may be obtained from the Composite Panel 
Association, 19465 Deerfield Avenue, Suite 306, Leesburg, VA 20176, or 
by calling (703) 724-1128, or at www.compositepanel.org.
    Additionally, as a result of the proposed inclusion of these two 
standards, EPA is soliciting comment on the proposed update to 40 CFR 
770.3 to reflect the proposed standards that would be incorporated by 
reference in 40 CFR 770.99.

D. Why is the Agency taking this action?

    The Agency is proposing to adopt two voluntary consensus standards 
for incorporation by reference at 40 CFR 770.99. This rulemaking would 
update two voluntary consensus standards under 40 CFR 770.99 to their 
current editions to address outdated, superseded, and withdrawn 
standards that were updated after the proposed rule was published in 
March 2022. These new updates are needed because outdated versions have 
been replaced by these new standards. EPA is proposing to update these 
voluntary consensus standards to reflect the current editions that are 
in use by regulated entities and industry stakeholders. EPA believes 
that this action is warranted to facilitate regulated entities using 
the most up to date voluntary consensus standards to comply with the 
regulation at 40 CFR part 770.

E. What are the incremental economic impacts?

    EPA anticipates no additional costs to stakeholders associated with 
this supplemental proposal for updated standards. This supplemental 
proposal is part of a routine action that updates voluntary consensus 
standards referenced in the incorporation by reference section of the 
regulation at 40 CFR part 770 to address updated, superseded, and 
withdrawn versions of the referenced standards.

II. References

    The following is a list 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. EPA. Voluntary Consensus Standards Update; Formaldehyde Emission 
Standards for Composite Wood Products. Proposed Rule. Federal 
Register. 87 FR 17963, March, 29, 2022 (FRL-8452-02).
2. American National Standards Institute (ANSI). ANSI A208.1-2022, 
Particleboard.
3. ANSI. ANSI A208.2-2022, Medium Density Fiberboard (MDF) for 
Interior Applications.

[[Page 57434]]

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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 under Executive 
Order 12866 (58 FR 51735, October 4, 1993) and was therefore not 
submitted to the Office of Management and Budget (OMB) for review under 
Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq. Burden is defined in 5 CFR 
1320.3(b). This action does not create any new reporting or 
recordkeeping obligations. OMB previously approved the information 
collection activities contained in the existing regulations and 
assigned OMB control number 2070-0185 (EPA ICR No. 2446.03).

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, EPA concludes 
that the impact of concern is any significant adverse economic impact 
on small entities, and the Agency is certifying that this rule will not 
have a significant economic impact on a substantial number of small 
entities because the proposed rule will update incorporation by 
reference of voluntary consensus standards in 40 CFR part 770 by 
adopting the most current versions of those standards. The updated 
versions of the standards are substantially similar to the previous 
versions. EPA expects that many small entities are already complying 
with the updated versions of the finalized standards. This action will 
relieve these entities of the burden of having to also demonstrate 
compliance with outdated versions of these standards.

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). It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and the Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes. Thus, E.O. 13175 does not apply to this 
action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997), 
as applying only to those regulatory actions that concern environmental 
health or safety risks that the Agency has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive Order. This 
action is not subject to Executive Order 13045 because it does not 
concern an environmental health risk or safety risk.

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 and has not otherwise been designated by the 
Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This action involves voluntary standards under NTTAA section 12(d), 
15 U.S.C. 272 note. EPA is proposing to adopt the use of ANSI A208.1-
2022 and ANSI A208.2-2022. Additional information about these 
standards, including how to access them, is provided under 
SUPPLEMENTARY INFORMATION.

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

    EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This action will not 
materially alter the final rule as published and will update existing 
voluntary consensus standards incorporated by reference in the final 
rule.

List of Subjects in 40 CFR Part 770

    Environmental protection, Formaldehyde, Incorporation by reference, 
Reporting and recordkeeping requirements, Third-party certification, 
Toxic substances, Wood.

    Dated: September 12, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
    Therefore, for the reasons set forth in the preamble, EPA proposes 
to amend 40 CFR chapter I, as proposed to be amended at 87 FR 17963 
(March 29, 2022) 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. Amend Sec.  770.3 by revising the definitions for ``Medium-density 
fiberboard'' and ``Particleboard'' to read as follows:


Sec.  770.3  Definitions

* * * * *
    Medium-density fiberboard means a panel composed of cellulosic 
fibers made by dry forming and pressing a resinated fiber mat (as 
determined under ANSI A208.2-2022 (incorporated by reference, see Sec.  
770.99)).
* * * * *
    Particleboard means a panel composed of cellulosic material in the 
form of discrete particles (as distinguished from fibers, flakes, or 
strands) that are pressed together with resin (as determined under ANSI 
A208.1-2022 (incorporated by reference, see Sec.  770.99)). 
Particleboard does not include any product specified in PS 2-18 
(incorporated by reference, see Sec.  770.99).
* * * * *

[[Page 57435]]

0
3. Amend Sec.  770.99 by revising the introductory text and paragraphs 
(d)(5) and (6) to read as follows:


Sec.  770.99  Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than 
that specified in this section, the Environmental Protection Agency 
(EPA) must publish a document in the Federal Register and the material 
must be available to the public. All approved incorporation by 
reference (IBR) material is available for inspection at the EPA and at 
the National Archives and Records Administration (NARA). Contact EPA 
at: OPPT Docket in the Environmental Protection Agency Docket Center 
(EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 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. For information on the availability of this 
material at NARA, email: [email protected]; website: 
www.archives.gov/federal-register/cfr/ibr-locations.html. The material 
may be obtained from the following source(s):
* * * * *
    (d) * * *
    (5) ANSI A208.1-2022, Particleboard, Approved June 22, 2022, IBR 
approved for Sec.  770.3.
    (6) ANSI A208.2-2022, Medium Density Fiberboard (MDF) for Interior 
Applications, Approved April 14, 2022, IBR approved for Sec.  770.3.

[FR Doc. 2022-20043 Filed 9-19-22; 8:45 am]
BILLING CODE 6560-50-P