Vol. 78 Monday, 

No. 111 June 10, 2013 

Part IV 

Environmental Protection Agency 

40 CFR Part 770 

Formaldehyde; Third-Party Certification Framework for the Formaldehyde 

Standards for Composite Wood Products; Formaldehyde Emissions 

Standards for Composite Wood Products; Proposed Rules 

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34796 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 770 

[EPA–HQ–OPPT–2011–0380; FRL–9342–4] 

RIN 2070–AJ44 

Formaldehyde; Third-Party 

Certification Framework for the 

Formaldehyde Standards for 

Composite Wood Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Formaldehyde Standards 

for Composite Wood Products Act (Title 

VI of the Toxic Substances Control Act 

(TSCA)) establishes formaldehyde 

emission standards for hardwood 

plywood, particleboard, and mediumdensity fiberboard (composite wood 

products) and directs EPA to 

promulgate implementing regulations 

by January 1, 2013. Pursuant to the 

requirements of TSCA Title VI, EPA is 

proposing a framework for a TSCA Title 

VI Third-Party Certification Program for 

composite wood products. Under the 

framework, third-party certifiers (TPCs) 

would be accredited by EPA-recognized 

accreditation bodies (ABs) so that TPCs 

may certify composite wood product 

panel producers under TSCA Title VI. 

This proposed rule identifies the roles 

and responsibilities of the TPCs and 

ABs involved, as well as the criteria for 

participation in the TSCA Title VI 

Third-Party Certification Program. The 

Agency is proposing the TSCA Title VI 

Third-Party Certification Program 

framework prior to the rest of the TSCA 

Title VI implementing regulations in 

order to allow interested parties an 

opportunity to comment and to begin 

identifying the business practices and 

infrastructure that may need to be 

modified or developed in order to 

effectively participate in the program. 

DATES: Comments must be received on 

or before August 9, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2011–0380, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

ATTN: Docket ID Number EPA–HQ– 

OPPT–2011–0380. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave. NW., 

Washington, DC. ATTN: Docket ID 

Number EPA–HQ–OPPT–2011–0380. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

• Instructions: Direct your comments 

to docket ID number EPA–HQ–OPPT– 

2011–0380. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

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. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

general information contact: The TSCAHotline, ABVI-Goodwill, 422 South 

Clinton Ave., Rochester, NY 14620; 

telephone number: (202) 554–1404; 

email address: TSCA-Hotline@epa.gov. 

For technical information contact: 

Erik Winchester, National Program 

Chemicals Division, Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–6450; 

email address: winchester.erik@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be affected by this action if 

you certify domestic or international 

composite wood products. Potentially 

affected entities may include, but are 

not limited to: 

• Reconstituted wood product 

manufacturing (NAICS code 321219). 

• 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). 

This list is not intended to be 

exhaustive, but rather provides a guide 

for readers likely to be affected by this 

action. To determine whether you, your 

business, or your agency is affected, you 

should carefully examine this proposed 

rule and the TSCA Title VI (Ref. 1). If 

you have any questions regarding the 

applicability of this action to a 

particular entity, consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

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B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. Executive Summary 

1. Purpose of the regulatory action. 

EPA is proposing a framework for a 

TSCA Title VI Third-Party Certification 

Program for composite wood products. 

Under the framework, TPCs would be 

accredited by EPA-recognized ABs so 

that TPCs may certify composite wood 

product panel producers under TSCA 

Title VI, 15 U.S.C. 2697. TSCA Title VI 

gives EPA the authority to promulgate 

regulations relating to ‘‘third-party 

testing and certification’’ and ‘‘auditing 

and reporting of third-party certifiers’’ 

with regards to composite wood 

products. EPA believes that third-party 

certification is an essential component 

in ensuring compliance with the TSCA 

Title VI emission standards for 

composite wood products. 

2. Summary of the major provisions. 

This proposal provides a framework for 

the TSCA Title VI Third-Party 

Certification Program. It lists the 

qualifications for ABs that wish to 

participate in the program, the process 

for applying to participate in the 

program, and the responsibilities of 

participating ABs. It also lists the 

qualifications for TPCs that wish to 

become TSCA Title VI accredited, the 

process for applying to become TSCA 

Title VI accredited, and the 

responsibilities of TSCA Title VI 

accredited TPCs. 

3. Costs and impacts. EPA has 

prepared an analysis of the potential 

costs and impacts associated with this 

rulemaking. This analysis is 

summarized in greater detail in Unit 

VI.A. The following chart provides a 

brief outline of the costs and impacts of 

this proposal: 

Category Description 

Costs ................................................................... The annualized costs of this proposed rule are estimated at approximately $34,000 per year 

using either a 3% discount rate or a 7% discount rate. 

Small Entity Impacts ........................................... This rule would impact an estimated 9 small entities, of which 8 are expected to have impacts 

of less than 1% of revenues or expenses, and 1 is expected to have impacts between 1% 

and 3%. 

Effects on State, Local, and Tribal Governments Government entities are not expected to be subject to the rule’s requirements, which apply to 

third-party certifiers and accreditation bodies. The rule does not have a significant intergovernmental mandate, significant or unique effect on small governments, or have Federalism 

implications. 

B. What action is the agency taking? 

Title VI of TSCA directs EPA to 

promulgate implementing regulations 

by January 1, 2013 (Ref. 1). EPA is 

issuing this proposed rule under TSCA 

Title VI to establish a framework for a 

TSCA Title VI Third-Party Certification 

Program whereby TPCs are accredited 

by ABs so that they may certify 

composite wood product panel 

producers under TSCA Title VI. This 

proposed rule identifies the roles and 

responsibilities of the groups involved 

in the TPC process (EPA, ABs, and 

TPCs), as well as the criteria for 

participation in the program. This 

proposal contains general requirements 

for TPCs, such as conducting and 

verifying formaldehyde emission tests, 

inspecting and auditing panel 

producers, and ensuring that panel 

producers’ quality assurance and quality 

control procedures comply with the 

regulations set forth in this proposed 

rule. In a subsequent document, EPA 

will propose additional requirements 

including the frequency of testing, 

means for showing test method 

equivalence, and other implementing 

provisions as required under TSCA Title 

VI, such as labeling, chain of custody 

requirements, sell-through provisions, 

recordkeeping, and enforcement. 

C. What is the agency’s authority for 

taking this action? 

EPA is issuing this proposed rule 

pursuant to the Formaldehyde 

Standards for Composite Wood Products 

Act (Ref. 1), which provides authority 

for the Administrator to ‘‘promulgate 

regulations to implement the standards 

required under subsection (b) in a 

manner that ensures compliance with 

the emission standards described in 

subsection (b)(2).’’ This provision 

includes authority to promulgate 

regulations relating to ‘‘third-party 

testing and certification’’ and ‘‘auditing 

and reporting of third-party certifiers.’’ 

D. Formaldehyde Sources and Health 

Effects 

Formaldehyde is a colorless, 

flammable gas at room temperature and 

has a strong odor. It is found in resins 

used in the manufacture of composite 

wood products (e.g., hardwood 

plywood, particleboard, and mediumdensity fiberboard). It is also found in 

household products such as glues, 

permanent press fabrics, carpets, 

antiseptics, medicines, cosmetics, 

dishwashing liquids, fabric softeners, 

shoe care agents, lacquers, plastics, and 

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paper product coatings. It is a byproduct of combustion and certain other 

natural processes. Examples of sources 

of formaldehyde gas inside homes 

include cigarette smoke, unvented, fuelburning appliances (gas stoves, kerosene 

space heaters), and composite wood 

products made using formaldehydebased resins (Ref. 2). 

Formaldehyde is both an irritant and 

a known human carcinogen (Ref. 3). 

Depending on concentration, 

formaldehyde can cause eye, nose, and 

throat irritation, even when exposure is 

of relatively short duration. In the 

indoor environment, sensory reactions 

and various symptoms resulting from 

mucous membrane irritation are 

potential effects. There is also evidence 

that formaldehyde may be associated 

with changes in pulmonary function 

and increased risk of asthma in children 

(Ref. 2). 

The Integrated Risk Information 

System (IRIS) Program of EPA’s Office 

of Research and Development (ORD) 

recently completed a draft assessment of 

the potential cancer and non-cancer 

health effects that may result from 

chronic inhalation exposure to 

formaldehyde (Ref. 4). This draft IRIS 

assessment was peer reviewed by the 

National Academy of Sciences (NAS) 

(Ref. 5). EPA is currently considering 

the peer review comments. Both the 

National Toxicology Program (Ref. 3) 

and the International Agency for 

Research on Cancer (Ref. 6) have 

concluded that formaldehyde is a 

known human carcinogen. However, in 

revising the draft IRIS assessment, EPA 

is following the 2011 recommendation 

of the National Research Council to 

evaluate the weight of evidence for 

specific cancer types in multiple organs, 

including specific respiratory tract sites 

and specific lymphohematopoietic 

cancer subtypes. This analysis will be 

used to derive a unit risk estimate in the 

revised draft that reflects more recent 

data and an updated review of the 

cancer hazard in humans and animals. 

E. History of This Action 

1. Legislative history. On July 7, 2010, 

President Obama signed into law the 

Formaldehyde Standards for Composite 

Wood Products Act (Ref. 1). This 

legislation adds Title VI to TSCA and 

establishes formaldehyde emission 

standards for hardwood plywood, 

particleboard, and medium-density 

fiberboard. These emission standards 

are identical to the California Air 

Resources Board’s (CARB) Airborne 

Toxic Control Measure (ATCM) Phase II 

standards (Ref. 7). Title VI of TSCA 

directs EPA to promulgate 

implementing regulations by January 1, 

2013, that address: Labeling, chain of 

custody requirements, sell-through 

provisions, ultra low-emitting 

formaldehyde (ULEF) resins, no-added 

formaldehyde-based (NAF) resins, 

finished goods, third-party testing and 

certification, auditing and reporting of 

third-party certifiers, recordkeeping, 

enforcement, laminated products, and 

products containing de minimis 

amounts of composite wood. 

This proposed rule establishes a 

framework for a TSCA Title VI ThirdParty Certification Program to help 

ensure that regulated composite wood 

products consistently meet the TSCA 

Title VI formaldehyde emission 

standards. EPA will issue a separate 

proposed rule at a later date that 

includes the rest of the TSCA Title VI 

implementing regulations. That separate 

proposed rule will include specific 

testing responsibilities of TPCs. 

2. The CARB ATCM. The CARB 

ATCM establishes emission standards 

for composite wood products sold, 

offered for sale, supplied, used, or 

manufactured for sale in California (Ref. 

7). It includes requirements for 

manufacturers of composite wood 

products, distributors, importers, 

fabricators, retailers, and TPCs with 

provisions on sell-through dates, 

labeling, recordkeeping, testing, and 

certification. It also includes special 

provisions for manufacturers of 

composite wood products with ULEF 

and NAF resins. 

Under the CARB ATCM, 

manufacturers of composite wood 

products must have their compliance 

with the emission standards certified by 

a TPC approved by CARB (Ref. 8). The 

CARB ATCM defines a third-party 

certifier as ‘‘an organization or entity 

approved by the Executive Officer that: 

(A) Verifies the accuracy of the emission 

test procedures and facilities used by 

manufacturers to conduct formaldehyde 

emission tests, (B) monitors 

manufacturer quality assurance and 

quality control programs, and (C) 

provides independent audits and 

inspections.’’ In order to become a 

CARB approved TPC, prospective 

certifiers must submit an application to 

the CARB Executive Officer containing: 

a. Evidence of actual field experience 

in the verification of laboratories and 

wood products, to demonstrate how the 

applicant will be able to competently 

perform the TPC requirements under the 

CARB ATCM. 

b. Evidence of the ability to properly 

train and supervise inspectors. 

c. Evidence of a current ‘‘product 

accreditation body’’ accreditation issued 

by a signatory to the International 

Laboratory Accreditation Cooperation 

(ILAC) Mutual Recognition 

Arrangement (MRA). 

d. A list of the composite wood 

products that the applicant is applying 

to verify and evidence that the applicant 

is qualified to verify these products (Ref. 

9). 

If the TPC’s application is approved, 

the CARB Executive Officer issues a 

CARB Executive Order with a duration 

of 2 years. Upon the expiration date of 

the CARB Executive Order, a TPC may 

apply for re-accreditation by submitting 

an updated application. The CARB 

Executive Officer may, ‘‘for good 

cause,’’ modify or revoke a CARB 

Executive Order approving a TPC after 

giving the TPC the opportunity for a 

hearing. 

Under the CARB ATCM, CARB 

approved TPCs are required to verify 

that composite wood product 

manufacturers are complying with the 

quality assurance and quality control 

requirements, verify formaldehyde 

emission test results, work with 

manufacturers to establish quality 

control limits for each product type and 

production line, provide independent 

inspections and audits of manufacturers 

and records, use laboratories that are 

certified by an AB that is a signatory to 

the ILAC MRA, maintain records for 2 

years; and provide an annual report to 

CARB. CARB maintains a list of 

approved TPCs on its Web site (Ref. 8). 

The annual report must include: 

• A list of manufacturers certified by 

the TPC during the previous calendar 

year, including the resins used by the 

manufacturers and the average and 

range of formaldehyde emissions. 

• A list of any non-complying events 

by manufacturers. 

• Certified laboratories and primary 

or secondary test methods utilized by 

the TPC. 

• Results of inter-laboratory testing 

comparisons for laboratories used by the 

TPC. 

3. Recent activities related to this 

proposed rule. On March 24, 2008, 25 

organizations and approximately 5,000 

individuals petitioned EPA under 

section 21 of TSCA to use its authority 

under section 6 of TSCA to adopt the 

CARB ATCM nationally (Ref. 10). The 

petitioners asked EPA to assess and 

reduce the risks posed by formaldehyde 

emitted from hardwood plywood, 

particleboard, and medium-density 

fiberboard by exercising its authority 

under TSCA section 6 to adopt and 

apply nationwide the CARB 

formaldehyde emissions regulation for 

these composite wood products. In 

addition, petitioners requested EPA to 

extend this regulation to include 

composite wood products used in 

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manufactured homes. The petitioners 

expressed particular concern over the 

levels of formaldehyde found in 

emergency housing provided for 

persons displaced from their homes by 

Hurricane Katrina and noted that there 

are no Federal regulations on 

formaldehyde emissions from composite 

wood products other than the 

Department of Housing and Urban 

Development’s (HUD) regulations for 

manufactured housing at 24 CFR 

3280.308. 

On June 27, 2008, EPA issued a notice 

explaining the Agency’s decision to 

grant in part and deny in part the 

petitioners’ request (Ref. 11). EPA 

denied the petitioners’ request to 

immediately pursue a TSCA section 6 

rulemaking, stating that the available 

information at the time was insufficient 

to support an evaluation of whether 

formaldehyde emitted from hardwood 

plywood, particleboard, and mediumdensity fiberboard presents or will 

present an unreasonable risk to human 

health (including cancer and non-cancer 

endpoints) under TSCA section 6. As 

discussed in detail in the Federal 

Register notice announcing EPA’s 

response to the petition, EPA’s 

evaluation of the data provided by the 

petitioners revealed significant 

information gaps that would have 

needed to be filled to support an 

evaluation of whether use of 

formaldehyde in these products 

presents or will present an unreasonable 

risk under TSCA section 6. However, 

EPA did agree to initiate a proceeding 

to investigate whether and what type of 

regulatory or other action might be 

appropriate to protect against risks 

posed by formaldehyde emitted from 

pressed wood products. 

Accordingly, on December 3, 2008, 

EPA issued an Advance Notice of 

Proposed Rulemaking (ANPR) that 

announced EPA’s intention to 

investigate whether and what regulatory 

or other action might be appropriate to 

protect against risks posed by 

formaldehyde emitted from the products 

covered by the CARB ATCM as well as 

other pressed wood products (Ref 12). 

To help inform EPA’s decision on the 

best ways to address risks posed by 

formaldehyde emissions from pressed 

wood products, the Agency requested 

public comments and held six half-day 

public meetings in Research Triangle 

Park, NC; Portland, OR; Chicago, IL; 

Dallas, TX; Washington, DC; and New 

Orleans, LA. EPA received and 

reviewed comments submitted during 

the ANPR comment period which can 

be found at regulations.gov under 

docket number EPA–HQ–OPPT–2008– 

0627. 

F. Objectives of the Framework for the 

Third-Party Certification Program 

EPA believes that the TSCA Title VI 

Third-Party Certification Program must 

be impartial and applicable uniformly to 

composite wood products ‘‘sold, 

supplied, offered for sale, or 

manufactured in the United States’’ 

regardless of origin, whether domestic 

or international. TSCA section 601(b)(1). 

This proposed rule aims to ensure that 

these objectives are met, along with 

ensuring the consistent application of 

the TPC requirements of TSCA Title VI, 

by requiring the use of voluntary 

consensus standards for the TSCA Title 

VI Third-Party Certification Program, 

and by leveraging the expertise of 

international ABs. Additionally, this 

proposed rule is intended to be as 

consistent as practicable with the TPC 

requirements under the CARB ATCM. 

By aligning itself with the existing 

CARB ATCM requirements, EPA seeks 

to avoid differing or duplicative 

regulatory requirements that would 

result in an increased burden on the 

regulated community. 

Qualified and experienced TPCs are 

essential to ensuring that domestic and 

foreign panel producers supplying 

products to the United States have 

quality assurance and quality control 

procedures, are having their products 

tested to determine that they are 

compliant with formaldehyde emissions 

standards, and are otherwise acting in 

manner that is consistent with the 

requirements of TSCA Title VI. The 

TSCA Title VI formaldehyde emissions 

standards apply to hardwood plywood, 

particleboard, and medium-density 

fiberboard sold, supplied, offered for 

sale, or manufactured (including 

imported) in the United States. Because 

TSCA defines ‘‘manufacture’’ to include 

‘‘import into the customs territory of the 

United States’’ the standards are 

applicable regardless of whether the 

composite wood product is 

manufactured domestically or imported 

from abroad. 

There are a substantial number of 

panel producers and TPCs that operate 

solely outside of the United States. 

Currently, 27 of the 36 CARB-approved 

TPCs are based outside the United 

States (Ref. 8). To ensure that oversight 

of TPCs is as strong abroad as it is 

domestically, EPA believes a TSCA Title 

VI Third-Party Certification Program 

framework should include 

internationally operating ABs to 

overcome potential logistical limitations 

that may hinder regular and rigorous 

inspection of TPCs operating outside the 

United States. Many ABs have a global 

reach, preexisting infrastructure, and 

experience working in foreign countries, 

which EPA believes makes them ideal 

for evaluating the qualifications of TPC 

candidates. Under EPA’s proposed 

TSCA Title VI Third-Party Certification 

Program framework, ABs would review, 

accredit, oversee, audit, and inspect 

both domestic and foreign TPCs— 

activities that would enable EPA to 

ensure the legitimacy of both TPCs and 

panel producers in the United States 

and abroad. The ABs’ oversight and 

auditing functions verify that TPCs are 

fulfilling their regulatory obligations 

uniformly across the global marketplace. 

EPA would retain its statutorily 

delegated roles in program design, 

establishing the standards, enforcement, 

and oversight; and utilize ABs to 

strengthen performance of TPCs. 

G. What background information was 

used to develop the framework for a 

third-party certification program? 

Effective and successful 

implementation of EPA’s TSCA Title VI 

Third-Party Certification Program 

requires that panel producers have in 

place formaldehyde emissions testing 

programs and quality assurance and 

quality control programs for product 

manufacturing. To achieve these 

outcomes, EPA is proposing to require 

the use of voluntary consensus 

standards for those participating as a 

TPC in the TSCA Title VI Third-Party 

Certification Program. In developing 

this proposed rule, EPA reviewed 

established voluntary consensus 

standards that are relied on by 

industries around the world as a means 

of ensuring the competency of thirdparties in particular fields of technical 

activity such as testing, instrument 

calibration, and product performance 

certification. In addition to reviewing 

existing voluntary consensus standards, 

EPA reviewed other successful thirdparty certification programs that use 

voluntary consensus standards to 

determine if such programs could be 

used as models for the TSCA Title VI 

Third-Party Certification Program. 

Third-party certification involves a 

process by which a product, process, or 

service is reviewed by a reputable and 

qualified independent third-party to 

verify that a set of norms, criteria, 

claims, practices, or standards are being 

met. Third-party certification has been 

widely and successfully used for 

decades by a number of industries such 

as engineering, electronics, energy, 

software, automotive, and food and 

consumer products. The standards used 

in third-party certification are typically 

voluntary consensus standards 

developed by nationally or 

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producing organizations or industry 

groups. Voluntary consensus standards 

establish uniform engineering or 

technical criteria, methods, processes, 

and practices for an industry practice or 

product, and are developed by experts 

in the relevant field through a process 

that allows input by all persons 

interested and affected by the scope or 

provisions of the standard. Parties in 

that industry then choose to accept and 

voluntarily abide by the consensus 

standards. Otherwise, the existence of 

multiple and non-harmonized standards 

for similar products, processes, and 

services in different countries or regions 

can create barriers to trade. 

1. Voluntary consensus standards. In 

order for EPA to ensure that the ThirdParty Certification Program under TSCA 

Title VI is effective in ensuring 

compliance with the emission 

standards, impartial in its operations, 

and applicable both domestically and 

internationally, the Agency proposes 

requiring the use of voluntary consensus 

standards as the basis for operating the 

TSCA Title VI Third-Party Certification 

Program. EPA specifically proposes 

using International Organization for 

Standardization (ISO) and International 

Electrotechnical Commission (IEC) 

voluntary consensus standards and 

guides as general requirements for thirdparty certifications. In addition to 

industry experts, international 

organizations—both governmental and 

non-governmental—work in cooperation 

with ISO and IEC to develop their 

consensus standards. In the field of 

conformity assessment, the ISO 

Committee on Conformity Assessment 

(CASCO) is responsible for the 

development of international standards 

and guides. 

The appropriate ISO/IEC standards 

and guide that EPA proposes requiring 

are: 

• ISO/IEC Guide 65:1996(E), General 

Requirements for Bodies Operating 

Product Certification Systems. This is 

the international voluntary consensus 

standard that specifies general 

requirements for a third-party operating 

a product certification program (Ref. 

13). These general requirements would 

help ensure that the TPC is competent 

and reliable in certifying compliant 

composite wood products. 

• ISO/IEC 17011:2004(E), Conformity 

Assessments—General Requirements for 

Accreditation Bodies Accrediting 

Conformity Assessment Bodies. This 

international voluntary consensus 

standard offers the general requirements 

for ABs assessing and accrediting 

conformity assessment bodies (CABs). It 

is also appropriate as a requirement 

document for the peer evaluation 

process for mutual recognition 

arrangements between ABs (Ref. 14). 

These general requirements would help 

ensure that the ABs are competent and 

reliable in accrediting TPCs. 

• ISO/IEC 17025:2005(E), General 

Requirements for the Competence of 

Testing and Calibration Laboratories. 

This international voluntary consensus 

standard specifies the general 

requirements for competence in carrying 

out tests and/or calibrations, including 

sampling (Ref. 15). EPA believes that 

requiring TPCs to use laboratories that 

follow these requirements would help 

ensure that reliable and accurate test 

results are obtained. 

• ISO/IEC 17020:1998(E), General 

Criteria for the Operation of Various 

Types of Bodies Performing Inspections. 

This international voluntary consensus 

standard specifies general criteria for 

the competence of impartial bodies 

performing inspection. It is intended for 

use by inspection bodies and their 

accreditation bodies (Ref. 16). 

EPA believes that requiring TPCs to 

follow these requirements would help 

ensure greater homogeneity of the 

inspection process among the TPCs 

recognized by EPA. 

The appropriate use of each guide and 

standard and a description of the party 

responsible under the proposed TPC 

framework for ensuring compliance 

with the standard are detailed in Unit 

III. The use of the guide and standards 

furthers the goal of the National 

Technology Transfer and Advancement 

Act (NTTAA), as discussed in Unit VI. 

These ISO standards and guide will be 

made available for viewing in the EPA/ 

DC Public Reading Room and, during 

the public comment period. Online 

access to the ISO standards will also be 

available to the public free of charge 

during the comment period through the 

ANSI Web site at http:// 

webstore.ansi.org/EPA/Download.aspx. 

A user account, which may be created 

through the ANSI Web site, is required 

to access the standards. 

2. International accreditation and 

inspection oversight organizations. In 

the profession of conformity assessment 

(i.e., the process of ensuring an 

organization responsible for 

implementing a consensus standard 

does so in conformance with the 

standard) oversight of conformity 

assessment bodies, such as TPCs, is 

done by organizations known as ABs. 

An AB provides an impartial 

verification of the competency of 

conformity assessment bodies such as 

TPCs. The ABs themselves also have 

oversight typically performed by an 

association or cooperative of conformity 

experts and other ABs through a peer 

evaluation process. Because the 

proposed TPC framework is 

international in scope and will employ 

the use of internationally accepted 

consensus standards, EPA reviewed the 

structure and functions of well known 

international organizations that were 

established decades ago to specifically 

provide oversight of ABs. 

The two international AB oversight 

bodies that EPA examined for this 

proposed rule are the International 

Accreditation Forum, Inc. (IAF) and 

ILAC. EPA believes that using a system 

where an AB’s qualifications are 

verified by international oversight 

bodies such as these and in which the 

ABs in turn assess the conformity of 

TPCs to international voluntary 

consensus standards would ensure that 

the requirements of TSCA Title VI are 

met. The specific details of how EPA 

proposes to leverage this system to 

ensure compliance with the TSCA Title 

VI are detailed in Unit III. 

The IAF is an association of 

conformity assessment bodies and other 

bodies. IAF requires its member ABs to 

comply with appropriate international 

conformity assessment standards. The 

IAF Multilateral Recognition 

Arrangement (MLA) is an agreement 

between AB members of the IAF 

whereby the ABs conduct regular 

evaluations of each other to assure the 

equivalence of their accreditation 

programs. This MLA agreement allows 

companies with an accredited 

conformity assessment certification in 

one part of the world to have that 

certification recognized everywhere else 

in the world, thereby facilitating 

international trade (Ref. 17). The MLA 

certification provides documentation 

that a person or an organization has 

been accredited to a specific standard or 

scheme by an IAF MLA signatory AB. In 

addition, IAF through its MLA ensures 

that all ABs who are capable of 

accrediting product certification bodies, 

such as TPCs, are in conformance with 

ISO/IEC Guide 65:1996(E). By requiring 

a TPC to be accredited to ISO/IEC Guide 

65:1996(E) by a qualified AB that has an 

IAF endorsement through level 3 of the 

IAF Scope, or is a member of an 

equivalent oversight body, EPA believes 

that the TPC will be in conformance 

with ISO/IEC Guide 65:1996(E), the 

voluntary consensus standard used to 

ensure proper product certification. 

Level 3 of the IAF Scope is the level of 

accreditation which needs to be 

accomplished by a Product AB under 

that program to ensure that the Product 

AB is qualified to accredit the TPC. 

The ILAC is an international 

cooperation of laboratory and inspection 

ABs formed to help remove technical 

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barriers to trade. ABs around the world, 

which have been evaluated by peers as 

competent, have signed an MRA that 

enhances the acceptance of products 

and services across national borders 

(Ref. 18). By requiring a TPC’s emissions 

testing laboratory, or its contract 

laboratory, to be accredited by an AB 

that is a signatory to the ILAC MRA or 

equivalent oversight body, EPA believes 

that there will be a greater assurance of 

compliance with ISO/IEC 

17025:2005(E), the voluntary consensus 

standard that is critical to ensuring 

adequate verification of performance for 

TSCA Title VI required laboratory 

formaldehyde emissions testing. 

3. Other third-party certification 

programs that were evaluated. As 

mentioned in Unit II.F., EPA aims to 

develop a TSCA Title VI Third-Party 

Certification Program that incorporates 

lessons learned from other third-party 

certification programs. In addition, EPA 

is particularly interested in 

harmonizing, to the extent practicable, 

with the CARB’s third-party 

certification program to avoid differing 

or duplicative regulatory requirements. 

In developing the TSCA Title VI 

Third-Party Certification Program 

framework as presented in this 

proposed rule, EPA started with a 

review of CARB’s program, as described 

in Unit II.E. This included meeting with 

CARB, the composite wood industry, 

and CARB-approved TPCs. 

EPA also reviewed other EPA and 

Federal programs that have elements 

relevant to EPA’s goals for this proposed 

program, such as the use of voluntary 

consensus standards and/or a thirdparty product certification process. The 

following EPA and Federal programs 

were reviewed during development of 

the proposed TSCA Title VI Third-Party 

Certification Program framework: 

a. National Lead Laboratory 

Accreditation Program. EPA established 

the National Lead Laboratory 

Accreditation Program (NLLAP) in 

1992, to provide protocols, criteria, and 

minimum performance standards for 

analysis of lead in paint, dust, and soil, 

as required under TSCA section 405 

(Ref. 19). Section 405 of TSCA further 

directs EPA, in consultation with the 

Department of Health and Human 

Services (HHS), to develop a program to 

certify qualified lead testing 

laboratories. The NLLAP provides the 

public with a list of qualified 

laboratories that have met EPA criteria 

and demonstrated the capability to 

accurately analyze paint chip, dust, and 

soil samples for lead. EPA ensures that 

laboratories comply with these EPA 

criteria by having them evaluated and 

accredited by third-party laboratory ABs 

according to ISO/IEC performance 

consensus standards. In order to assure 

the public that a Laboratory AB is 

capable of performing an adequate 

assessment of participating laboratories, 

EPA enters into a recognition agreement 

with the AB in recognition of its 

capability to perform adequate 

laboratory assessments. 

For a laboratory to qualify for 

recognition under the NLLAP, it must 

pass on-site audits conducted by one of 

the four laboratory ABs with which EPA 

has a recognition agreement. The 

Laboratory ABs recognize NLLAP 

laboratories in conformance with ISO/ 

IEC 17025:2005(E). Laboratories 

recognized under the NLLAP must also 

successfully perform, on a continuing 

basis, in the Environmental Lead 

Proficiency Analytical Testing (ELPAT) 

Program. The ELPAT is a proficiency 

testing program that is designed to 

evaluate the analytical performance of 

laboratories by providing the laboratory 

with standardized test samples on a 

quarterly basis and evaluating their 

results against consensus results from a 

set of reference laboratories. 

The NLLAP has successfully 

demonstrated over the years that EPA 

recognized laboratories are capable of 

accurately analyzing for lead in paint 

chips, dust wipes, and soil samples. 

Therefore, EPA believes that the thirdparty processes employed by the 

NLLAP, which include the use of thirdparty laboratory ABs that accredit 

laboratories by using voluntary 

consensus standards, along with 

additional specified laboratory testing 

protocols, demonstrate that a similar 

third-party certification program can be 

used successfully under TSCA Title VI. 

b. National Voluntary Conformity 

Assessment System Evaluation Program. 

Another program that EPA reviewed is 

the National Voluntary Conformity 

Assessment System Evaluation 

(NVCASE) Program at the Department of 

Commerce’s National Institute of 

Standards and Technology (NIST). 

NIST, through its Standards Services 

Division, offers this voluntary program 

to evaluate and recognize organizations 

which support third-party conformity 

assessment activities. The NVCASE 

Program includes activities related to 

third-party laboratory testing, thirdparty product certification, and quality 

system registration. After an NVCASE 

Program evaluation, NIST provides 

recognition to qualified U.S. 

organizations that effectively 

demonstrate conformance with 

established criteria. The ultimate goal is 

to help U.S. manufacturers satisfy 

applicable product requirements 

mandated by foreign or U.S. regulatory 

authorities through conformity 

assessment procedures. Under the 

NVCASE Program, NIST accepts 

requests from only domestic TPCs for 

domestic and international 

accreditation. The use of NIST’s 

NVCASE Program in the United States 

would significantly hamper the ability 

of foreign TPC candidates to receive and 

maintain accreditation and would not 

allow EPA to meet its goal of providing 

testing and certification and auditing 

and reporting of all TPCs, domestic as 

well as international. 

c. Other EPA programs. EPA also 

considered the product certification 

components of EPA’s WaterSense and 

Energy Star programs. WaterSense is an 

EPA-sponsored partnership program 

launched in 2006 that seeks to protect 

the future of our nation’s water supply 

by promoting water efficiency and 

enhancing the market for water-efficient 

products, programs, and practices. 

WaterSense helps consumers identify 

products and programs that meet 

WaterSense water efficiency and 

performance criteria. Energy Star is a 

joint program of the EPA and the 

Department of Energy (DOE) designed to 

help the consumers save money and 

protect the environment through the use 

of energy efficient products and 

practices. In 1992, EPA introduced 

Energy Star as a voluntary labeling 

program designed to identify and 

promote energy-efficient products to 

reduce greenhouse gas emissions. 

Both the WaterSense and Energy Star 

certification programs specify the 

minimum criteria that EPA licensed 

product ABs must observe when 

certifying product conformance to 

specifications and when authorizing the 

use of the program’s labels. These 

programs provide specific criteria for 

the application of ISO/IEC Guide 

65:1996(E) in order to satisfy the criteria 

for certification of Energy Star and 

WaterSense products. They also provide 

the basis for consistent application of 

voluntary consensus standards by 

licensed ABs. The ISO/IEC Guide 

65:1996(E) has been successfully used 

in these two programs for auditing, 

certifying, and reporting of the status of 

certification. The Energy Star and 

WaterSense programs’ use of ABs who 

certify under voluntary consensus 

standards for product certification also 

demonstrates the utility and workability 

of this approach. 

Each of the aforementioned programs 

informed EPA’s decision on how to 

develop an appropriate and credible 

third-party certification program for 

TSCA Title VI. EPA is proposing a 

framework under TSCA Title VI that 

incorporates elements of the CARB 

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third-party certification program, the 

use of recognition agreements with ABs 

(e.g., as in NLAAP), and a product 

certification system element such as 

those used in the WaterSense and 

Energy Star programs. 

III. What does this proposed rule do? 

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EPA is proposing a framework which 

it believes would enable 

implementation of a credible third-party 

certification program that ensures that 

TPCs are impartial and operate at the 

highest standards of competence. 

Although EPA’s proposed TSCA Title VI 

Third-Party Certification Program 

framework, including the underlying 

requirements and implementation 

process, are based on, or are the same 

as, CARB’s third-party certification 

program, EPA is proposing to also use 

qualified, internationally recognized 

ABs in implementing the program to 

establish a globally uniform process. 

Under EPA’s proposed TSCA Title VI 

Third-Party Certification Program 

framework, ABs, recognized by EPA 

through recognition agreements, would 

accredit TPCs based on the 

requirements for TPCs established by 

EPA through this proposed rule. Like 

CARB, EPA would require that TPCs 

provide evidence of competency in four 

key areas: 

• Experience and ability to verify the 

accuracy of formaldehyde emission 

testing of composite wood products. 

• Experience in the composite wood 

product industry. 

• Ability to monitor panel producer 

quality assurance programs for 

composite wood products. 

• Ability to conduct auditing and 

inspection of panel producer activities 

and products. 

However, unlike the CARB system, 

under which CARB evaluates and 

accredits TPCs without the input of 

ABs, ABs would conduct the evaluation 

and determine if the TPCs are 

competent in these four areas. Based on 

the results of ABs’ evaluations that 

would be conducted according to EPA’s 

requirements, including the standards 

for ABs in ISO/IEC Guide 65:1996(E) 

(which includes inspection 

accreditation based on compliance with 

ISO/IEC 17020:1998(E)) and laboratory 

accreditation based on compliance with 

ISO/IEC 17025:2005(E), the ABs would 

accredit TPCs that meet the 

requirements. The ABs would also be 

required to participate in oversight 

activities, including recordkeeping, 

reporting to EPA, and auditing of TSCA 

Title VI accredited TPCs and their 

formaldehyde emissions testing 

laboratories. EPA would exercise 

authority to conduct independent 

oversight and actions, including the 

authority to review the determinations 

of ABs, and approve or revoke a TPC’s 

TSCA Title VI accreditations based on 

the criteria laid out in this proposed 

rule. 

While the AB component of EPA’s 

proposed TSCA Title VI Third-Party 

Certification Program framework differs 

from the CARB program, EPA believes 

it will enhance the implementation of 

TSCA Title VI. The proposed TSCA 

Title VI Third-Party Certification 

Program framework is otherwise 

generally consistent with CARB’s 

current third-party certification program 

requirements. Furthermore, EPA will 

work with CARB to help promote 

compatibility and consistency within 

the programs and to harmonize the 

third-party certification programs 

wherever practicable. EPA believes that 

compliance with the proposed the 

TSCA Title VI Third-Party Certification 

Program would not require substantial 

changes to procedures TPCs, 

laboratories, and panel producers 

currently use to conduct their TPC 

activities under the CARB ATCM (Ref. 

7). 

A. Requirements for Accreditation 

Bodies 

Based on EPA’s understanding of how 

the international consensus standards 

oversight industry is structured, EPA 

envisions that two types of ABs could 

be involved in implementation of the 

proposed TPC framework. The first type 

of AB is the ‘‘Product AB.’’ The Product 

AB would be responsible for accrediting 

the TPCs, recordkeeping and ensuring 

that a TPC is in conformance with ISO/ 

IEC Guide 65:1996(E) (involving 

product certification systems) and ISO/ 

IEC 17020:1998(E) (involving general 

criteria for inspections). The second 

type of AB is the ‘‘Laboratory AB.’’ The 

Laboratory AB would be responsible for 

ensuring that the TPC’s formaldehyde 

emissions testing laboratory (or its 

contracted laboratory) is of the highest 

quality and is in conformance with ISO/ 

IEC 17025:2005(E) (involving the 

general requirements for laboratories 

conducting testing and/or calibrations, 

including sampling and calibration). 

EPA recognizes it is also possible that a 

single AB may have the ability to 

accredit both product certification and 

emissions testing, and therefore can 

accredit conformance to ISO/IEC Guide 

65:1996(E), ISO/IEC 17020:1998(E), and 

ISO/IEC 17025:2005(E). In such cases, a 

single AB would be considered 

qualified to accredit TPCs for their 

product certification capabilities and 

also accredit the TPC laboratories for 

conducting formaldehyde emissions 

testing, and only that AB would need to 

be involved in accepting and reviewing 

TPC applications and implementing the 

ABs’ roles under the proposed TSCA 

Title VI Third-Party Certification 

Program framework. 

1. Necessary qualifications of ABs to 

be candidates for participation in the 

EPA’s Title VI Third-Party Certification 

Program—a. Necessary qualifications of 

Product ABs. To ensure that Product 

ABs are qualified to accredit TPC’s for 

conformance with ISO/IEC Guide 

65:1996(E) and ISO/IEC 17020:1998(E), 

the Product AB would have to be a 

signatory to the IAF MLA, or a member 

of an equivalent oversight body. AB 

members of IAF are admitted to the IAF 

MLA only after a highly stringent 

evaluation of their operations by an IAF 

peer evaluation team which is charged 

with ensuring that the applicant 

member complies fully with both the 

international standards and IAF 

requirements. Additionally, once an AB 

is a signatory to the IAF MLA, it is 

required to recognize the certificates 

issued by conformity assessment bodies 

accredited by all other signatories of the 

IAF MLA, with the appropriate scope 

(i.e., levels 1 through 3). The IAF MLA 

structure has 5 levels, and EPA would 

require the Product AB to be endorsed 

by IAF through level 3. Level 1 

endorsement ensures that an AB is in 

conformity with ISO/IEC 17011:2004(E) 

and maintains that conformity; level 2 

endorsement ensures that the AB has 

demonstrated basic competence to 

perform accreditation activities for 

product certification according to ISO/ 

IEC Guide 65:1996(E) and ISO/IEC 

17020:1998(E); and level 3 ensures that 

the AB has policies and procedures in 

place in their operations and 

management plans to accredit a TPC for 

product certification in conformance 

with ISO/IEC Guide 65:1996(E). In order 

to participate in the TSCA Title VI 

Third-Party Certification Program, a 

Product AB would have to provide EPA 

with documentation verifying its IAF 

endorsement that states the level of 

accreditation the AB received from IAF, 

or with confirmation that the AB is a 

member of an equivalent organization 

with an equivalent scope. 

b. Necessary qualifications of 

Laboratory ABs. To ensure that the 

Laboratory ABs are qualified to accredit 

TPC laboratories, the proposed TPC 

framework would require that the 

Laboratory AB is a signatory to the ILAC 

MRA, or a member of an equivalent 

organization. To be a signatory to the 

ILAC MRA, an AB must pass an 

intensive evaluation carried out by 

peers and in accordance with the 

relevant rules and procedures contained 

in several ILAC publications. Once a 

signatory to the ILAC MRA, each 

Laboratory AB agrees to abide by its 

terms and conditions, and according to 

the ILAC evaluation procedures shall: 

i. Maintain conformance with the 

ISO/IEC 17011:2004(E), related ILAC 

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guidance documents, and any ILAC 

supplementary requirements. 

ii. Ensure that all laboratories that 

they accredit comply with ISO/IEC 

17025:2005(E) and related ILAC policy 

and guidance documents. Under the 

proposed TPC framework, a TPC would 

be required to work with its Laboratory 

AB to provide the Product AB with 

documentation verifying the Laboratory 

AB’s endorsement and scope of 

accreditation from ILAC, or 

documentation of membership in an 

equivalent organization. 

EPA understands that not all ABs are 

signatories to either IAF or ILAC. EPA 

requests comment on what other 

oversight bodies or other organizations 

are equivalent to IAF and ILAC. An 

equivalent organization would provide a 

process of review and evaluation with a 

level of scrutiny and assessment of an 

AB’s capabilities to ensure that an AB 

is qualified to accredited organizations 

based on the relevant ISO/IEC standards 

and guide. 

2. Recognition agreement process and 

relationship between EPA and ABs. 

Under this proposed rule, the Product 

ABs and Laboratory ABs that are 

interested in participating in the TSCA 

Title VI Third-Party Certification 

Program would be required to submit an 

application to EPA to be formally 

recognized by EPA. Once EPA has 

reviewed the AB’s credentials and 

deemed that the AB is qualified, EPA 

proposes to enter into a recognition 

agreement with Product and Laboratory 

ABs that want to offer services to 

accredit TPCs according to EPA’s 

requirements. The recognition 

agreement would serve as a mechanism 

for EPA to formally recognize either a 

Product AB or a Laboratory AB (or both) 

as qualified to implement their 

respective roles under the TSCA Title VI 

program. The recognition agreement 

with the Product AB would designate it 

as the recipient of applications from 

candidate TPCs that want to participate 

in the TSCA Title VI Third-Party 

Certification Program. As discussed in 

Unit II.G.3., similar recognition 

agreement approaches have been 

successfully used in a number of EPA 

programs. The recognition agreement is 

a signed agreement between EPA and 

each Product AB or Laboratory AB that 

would state: 

a. The regulatory requirements that 

have been and must continue to be met 

to be an EPA recognized AB. 

b. The roles and responsibilities of the 

AB under the TSCA Title VI Third-Party 

Certification Program. 

c. EPA’s role and interactions with the 

AB during implementation of the TSCA 

Title VI Third-Party Certification 

Program. 

d. Criteria and processes for revoking 

the recognition agreement if either the 

Product AB or Laboratory AB fails to 

adhere to the conditions of the 

regulations. 

All of the requirements and actions 

stated in the recognition agreement 

between EPA and each type of AB 

would be derived from the final rule 

requirements. If the AB applying to EPA 

for recognition is qualified to perform as 

both a Product AB and a Laboratory AB, 

then that AB would include both sets of 

credentials in its application package 

and would be recognized by EPA in the 

recognition agreement as performing 

both accreditation roles. The recognition 

agreement would be effective for 3 

years, provided the AB continues to 

meet all of the regulatory requirements. 

After 3 years, the recognition agreement 

would be eligible for renewal. 

In order to facilitate communication 

between EPA and ABs, EPA is 

proposing to require ABs to designate an 

agent in United States in their 

applications. Any information provided 

by an AB or EPA to the designated agent 

would be equivalent to providing that 

information directly to the AB. The 

designated agent could not be a 

mailbox, answering machine, or other 

service where the agent is not physically 

present. The agent would need to be 

capable of accepting service of notices 

and processes made in administrative 

and judicial proceedings. EPA believes 

requiring a designated agent in the 

United States would help ensure 

compliance with the formaldehyde 

emission standards by facilitating the 

ability to enforce TSCA Title VI and its 

implementing regulations, which in 

turn encourages the regulated entities to 

fulfill their obligations under the statute 

and regulations. EPA requests comment 

on this proposed requirement. 

EPA would designate an EPA 

Recognition Agreement Implementation 

Officer as a point of contact for ABs to 

consult with on implementation of the 

recognition agreement. EPA would be 

responsible for directly notifying 

participating ABs of changes in the 

TSCA Title VI Third-Party Certification 

Program. EPA would maintain a public 

list of all ABs with which EPA has a 

recognition agreement. The list would 

be posted on EPA’s Web site and 

regularly updated. 

3. Proposed requirements once an AB 

is recognized. Once EPA has entered 

into a recognition agreement with an 

AB, that AB becomes ‘‘recognized’’ by 

EPA as a Product AB, Laboratory AB, or 

both. 

a. Responsibilities of Product ABs in 

the TPC application process. The 

Product AB’s key TSCA Title VI TPC 

application review responsibilities 

would include: 

i. Receiving and acting on TPC 

applications for their participation in 

the TSCA Title VI Third-Party 

Certification Program and thereby 

ensuring that the TPC is accredited to 

ISO/IEC Guide 65:1996(E) and ISO/IEC 

17020:1998(E). 

ii. Transmitting copies of TPC 

applications and supporting 

documentation requested in the 

application based on the TSCA Title VI 

implementing regulations to EPA. 

iii. Assigning the TPC a unique 

number. 

b. General responsibilities of ABs after 

TPC accreditation into the TSCA Title 

VI Third-Party Certification Program. 

The EPA recognized Product AB would 

be responsible for: 

i. Ensuring the TPC has a process in 

place to verify the accuracy of the 

formaldehyde emission tests conducted 

by the TPC laboratory (including any 

contract laboratory that the TPC would 

use for formaldehyde testing under 

TSCA Title VI) and the formaldehyde 

quality control tests conducted by the 

producers of regulated composite wood 

products. 

ii. Ensuring the TPC has a process in 

place to monitor panel producer quality 

assurance programs. 

iii. Ensuring the TPC has a process in 

place to conduct independent audits 

and inspections of panel producers and 

their quality control testing facilities. 

iv. Conducting audits of TPCs and 

their laboratories. 

v. Recordkeeping. 

The EPA recognized Laboratory ABs 

would be responsible for verifying that 

the TPC laboratory is experienced and 

capable of conducting formaldehyde 

emissions tests according to the 

requirements of TSCA Title VI and its 

implementing regulations. The 

Laboratory ABs’ key responsibilities 

would include: 

• Ensuring the laboratory’s 

conformance to the regulatory 

requirements, including ISO/IEC 

17025:2005(E). 

• Verifying the accuracy of the 

formaldehyde emissions tests conducted 

by the TPC laboratory through an interlaboratory comparison or proficiency 

testing program. 

• Conducting audits of the laboratory. 

• Recordkeeping. 

EPA proposes to require TPCs to 

participate in an EPA recognized interlaboratory comparison program. If 

standard reference material is 

developed, EPA would consider 

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requiring TPCs to participate in an EPA 

recognized proficiency testing program. 

In order to reduce duplicative 

requirements, EPA proposes that it 

would utilize the preexisting CARBadministered inter-laboratory 

comparison program to the extent 

feasible. EPA requests comment on 

ways it might integrate with CARB’s 

inter-laboratory comparison program 

and on what criteria should be used to 

determine the adequacy of performance. 

EPA also requests comment on how 

participating Laboratory ABs could 

administer an inter-laboratory 

comparison program or proficiency 

testing program for the TPCs that it 

accredits. EPA would like information 

on the costs of such a program and 

whether such an activity presents 

conflict of interest issues for Laboratory 

ABs. 

4. Revocation of EPA’s recognition of 

an AB. EPA is proposing that it may 

suspend, revoke, or modify the 

recognition of an AB, if the AB is not 

complying with the requirements 

promulgated for ABs under TSCA Title 

VI. If an AB is removed or withdraws 

from the TSCA Title VI Third-Party 

Certification Program, that AB would be 

responsible for promptly notifying EPA 

and all TPCs that receive its 

accreditation services. If an AB is 

removed or withdraws from the TSCA 

Title VI Third-Party Certification 

Program for reasons other than fraud or 

providing false or misleading statements 

related to a particular TPC or TPCs, or 

other than a reason that implicates a 

particular TPC or TPCs in a violation of 

TSCA Title VI or its implementing 

regulations, EPA proposes to allow the 

TPCs that were accredited by that AB to 

have 365 days, or 180 days if less than 

365 days were left on their 3-year 

accreditation period, to be accredited 

again by another EPA recognized AB. 

While it is seeking accreditation from an 

alternate AB, a TPC would need to 

continue to comply with all other 

aspects of TSCA Title VI and its 

implementing regulations, and the TPC 

would remain subject to inspection by 

EPA. If an AB is removed from the 

TSCA Title VI Third-Party Certification 

Program due to fraud or providing false 

or misleading statements with respect to 

a particular TPC, or for any other reason 

that implicates a particular TPC in a 

violation of TSCA Title VI or its 

implementing regulations, that TPC 

would not be allowed to provide any 

TSCA Title VI certification services 

until it has been accredited by an 

alternate AB. Should this situation 

occur, EPA would provide notifications 

to the affected TPCs at the time it 

commences formal action against the 

AB. Any action EPA would take against 

an AB would not preclude an 

enforcement action against a TPC. EPA 

believes it is appropriate to be more 

stringent in these situations because the 

AB’s nonperformance or altered status 

under the recognition agreement may 

call into question the legitimacy of the 

TPC’s underlying accreditation. EPA 

requests comment on whether it has 

provided adequate time for a TPC to 

seek an alternate AB’s accreditation 

under this proposed rule. Issues related 

to the de-accreditation of a TPC and the 

amount of time a panel producer has to 

seek a new TPC are discussed in Unit 

III.B.4. 

B. Requirements for Third-Party 

Certifiers of Composite Wood Products 

1. Requirements to apply for 

participation in the TSCA Title VI 

Third-Party Certification Program. EPA 

is proposing that the TPC must apply to 

an EPA recognized Product AB to certify 

composite wood products pursuant to 

TSCA Title VI. In its application to an 

EPA recognized Product AB, the TPC 

would be required to demonstrate 

experience and competency in certain 

areas that EPA believes are important in 

ensuring the TPC’s ability to conduct 

audits, testing, and certification of 

composite wood products. The 

application would be reviewed by the 

Product AB, who would provide EPA 

with a copy of each application. TPC 

applications would provide information 

to document: 

a. Experience in performing or 

verifying formaldehyde emissions 

testing on composite wood products. 

b. That its laboratory or contract 

laboratory has been accredited by an 

EPA recognized Laboratory AB in 

conformance with ISO/IEC 

17025:2005(E). 

c. The TPC laboratory’s or contract 

laboratory’s experience with test 

method ASTM E 1333–96 (Reapproved 

2002) (Ref. 20) or successor standards 

and experience evaluating correlation 

between test methods. 

d. Experience or ability in product 

certification and complying with ISO/ 

IEC Guide 65:1996(E). 

e. Experience in the composite wood 

product industry. 

f. The ability to inspect and properly 

train and supervise inspectors according 

to ISO/IEC 17020:1998(E). 

The application would also specify 

which composite wood products the 

applicant is applying to certify and 

evidence that the applicant is qualified 

to certify these products. EPA is 

proposing that TPCs would be required 

to renew their applications every 3 

years. EPA requests comment on the 

costs and benefits of a 3-year renewal 

period as compared to a 2-year renewal 

period (as under the CARB ATCM). The 

EPA also requests comment on whether 

the proposed requirement for EPArecognized ABs to audit TPCs and 

laboratories used by TPCs every 2 years 

should be extended to every 3 years to 

align with the proposed 3-year TPC 

accreditation period. 

In order to facilitate communication 

between EPA and TPCs, EPA is 

proposing to require TPCs to designate 

an agent in United States in their 

applications. Any information provided 

by an AB or EPA to the designated agent 

would be equivalent to providing that 

information directly to the TPC. The 

designated agent could not be a 

mailbox, answering machine, or other 

service where the agent is not physically 

present. The agent would need to be 

capable of accepting service of notices 

and processes made in administrative 

and judicial proceedings. EPA believes 

requiring a designated agent in the 

United States would help ensure 

compliance with the emission standards 

by facilitating the ability to enforce 

TSCA Title VI and its implementing 

regulations, which in turn encourages 

the regulated entities to fulfill their 

obligations under the statute and 

regulations. EPA requests comment on 

this proposed requirement. 

Title VI of TSCA requires that 

compliance with the formaldehyde 

emission standards be measured by 

quarterly testing using ASTM E1333–96 

(Reapproved 2002) (Ref. 20) or under 

certain circumstances, ASTM D6007–02 

(Reapproved 2008) (Ref. 21). For quality 

control testing, the statute requires use 

of ASTM D6007–02 (Reapproved 2008), 

ASTM D5582–00 (Reapproved 2006) 

(Ref. 22), or other test methods 

established by EPA through rulemaking. 

If a test method other than ASTM 

E1333–96 (Reapproved 2002) is used for 

either quarterly testing or quality 

control testing, TSCA Title VI requires 

a demonstration of equivalence by 

means established by EPA. Therefore, 

EPA is proposing that a TPC laboratory 

or contract laboratory must have 

experience with formaldehyde testing 

using ASTM E1333–96 (Reapproved 

2002) or its successor standards as well 

as experience evaluating correlations 

between different test methods. EPA 

intends to propose the means of 

showing test method equivalence in a 

subsequent proposal with other 

implementation provisions as required 

under TSCA Title VI. 

EPA is proposing to require that 

accredited TPCs conduct the quarterly 

tests required by TSCA Title VI. The 

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statute requires these tests to be 

performed using ASTM E1333–96 

(Reapproved 2002) or, under some 

circumstances ASTM D6007–02 

(Reapproved 2008). Section 601(d)(5) of 

TSCA allows EPA to substitute, after 

public notice and an opportunity for 

comment, a test method referenced in 

TSCA Title VI with its successor 

version. The version of ASTM E1333–96 

(Reapproved 2002) referenced in TSCA 

Title VI is not the most current version. 

In this proposed rule, EPA is proposing 

to incorporate the current version, 

ASTM E1333–10 (Ref. 23), into the 

testing requirements in this proposed 

rule in place of ASTM E1333–96 

(Reapproved 2002) referenced in the 

statute. EPA notes that there are only 

relatively minor differences between 

ASTM E1333–96 (Reapproved 2002) 

and ASTM E1333–10. For example, 

referenced standards have been updated 

to cite the most recent version of the 

standards. In addition, under 

Apparatus, Make-up Air, 6.1.2.2, a new 

requirement has been added, specifying 

that the dry gas test meter or other 

airflow rate measuring device be 

‘‘permanently placed in the chamber air 

intake duct.’’ A new loading ratio was 

added for ‘‘low density particleboard 

door core’’ and a note specifying that 

‘‘Panel grades are defined in the ANSI 

standards referenced in 2.3.’’ Under 9.2 

Conditioning, a note was added stating 

‘‘Test specimens with low levels of 

formaldehyde may absorb formaldehyde 

from the air when the air formaldehyde 

content exceeds that of the text [sic] 

specimen. Consideration should be 

taken to avoid such air conditions 

during storage and conditioning.’’ In 

addition, the following requirement was 

added: ‘‘Circulation of the conditioning 

air shall be achieved by fans that direct 

air flow horizontally in the direction 

parallel to the primary surface of the test 

specimens.’’ Under Test Procedure for 

Materials, 10.1.3, the following phrase 

was deleted: ‘‘as measured by a 

totalizing dry gas meter permanently 

placed in the chamber air intake duct.’’ 

Under note 9, the following clarifying 

phrase was added: ‘‘unless testing is 

extended and chamber concentrations 

in air and emission rates are obtained 

for the tested product at multiple 

chamber air exchange rates or multiple 

product loading ratios, or both.’’ Under 

Report the Following Information, 

12.1.7, the following was added: ‘‘and 

the air circulation conditions (for 

example, air velocity or air exchange 

rate.’’ Under (Nonmandatory 

Information) X1. Reagents, Materials, 

and Equipment Found Suitable for Use, 

footnotes specifying where apparatuses 

are available have been deleted. In 

addition, X1.3.2 Sulfuric Acid, has been 

changed from ‘‘concentrated reagent 

grade. Nitrate concentration shall be less 

than 10 ppm.’’ to ‘‘ACS grade. Nitrate 

concentration shall be no greater than 

0.2 ppm.’’ EPA requests comment on 

whether ASTM E1333–10 should be 

incorporated into the testing 

requirements under TSCA Title VI in 

place of ASTM E1333–96 (Reapproved 

2002). 

EPA intends to propose the means of 

showing test method equivalence for 

other test methods as well as the 

number and frequency of tests required 

to demonstrate compliance with the 

formaldehyde emission standards in a 

subsequent proposal along with the rest 

of the TSCA Title VI implementing 

regulations. EPA is proposing here that 

TPC laboratories be responsible for 

conducting quarterly tests, verifying 

quality control tests, and evaluating test 

method equivalence. 

EPA is proposing that TPCs must have 

experience operating or using 

laboratories that follow ISO/IEC 

17025:2005(E). This international 

voluntary consensus standard specifies 

the general requirements for the 

competence to carry out tests and/or 

calibrations, including sampling. EPA 

believes that requiring TPCs to use 

laboratories that follow these 

requirements would help ensure that 

reliable and accurate test results are 

obtained. 

EPA is proposing that TPCs must have 

experience or ability in product 

certification and in complying with 

ISO/IEC Guide 65:1996(E) because 

certifying compliant composite wood 

products would be one of the main 

functions of a TSCA Title VI accredited 

TPC. ISO/IEC Guide 65:1996(E) is an 

international voluntary consensus 

standard that specifies general 

requirements for a third-party operating 

a product certification system. These 

general requirements would help ensure 

that the TPC is competent and reliable 

in certifying compliant composite wood 

products. 

EPA is proposing that the TPC must 

have experience in conducting 

inspections of the manufacturers in 

conformity with ISO/IEC 17020:1998(E). 

This international voluntary consensus 

standard specifies general criteria for 

the operation of various types of bodies 

performing inspections. EPA is also 

proposing that TPCs must have the 

ability to properly train and supervise 

inspectors pursuant to conformity with 

ISO/IEC 17020:1998(E). Inspections by 

TPCs would be an important function of 

a TPC in helping ensure compliance 

with the regulations under TSCA Title 

VI. 

EPA is proposing that TPCs must have 

experience in the composite wood 

products industry because EPA believes 

that understanding the processes used 

by panel producers to produce 

composite wood products is crucial for 

the TPC to adequately inspect and audit 

panel producers. Experience in the 

composite wood products industry 

would help ensure that the TPC would 

know what to inspect and areas on 

which to focus during inspections and 

audits of the panel producers. In 

addition, EPA is proposing to require 

TPCs to have experience with the 

specific type of composite wood 

product(s) that it would certify. EPA 

believes that certain steps in the 

manufacture of composite wood 

products are likely important in 

maintaining low formaldehyde 

emissions and that because 

manufacturing processes are different 

for the different types of regulated 

composite wood products, it is 

important for a TPC to have knowledge 

and experience in the manufacture of 

the specific type of composite wood 

product(s) that it would certify. EPA 

requests comment on whether EPA 

should require that the TPC have 

experience with the specific type of 

composite wood product that it would 

certify or if experience with one type of 

product is sufficient to certify all types 

of composite wood product. 

2. Denied TPC Applicants. If an AB 

denies a TPC’s application for 

accreditation for failure to submit a 

complete application, the AB would be 

required to notify the TPC or TPC 

laboratory in writing of the legal and 

factual basis for the denial, actions, if 

any, which the affected TPC or TPC 

laboratory may take to receive 

accreditation in the future, and the 

opportunity and method for requesting 

a hearing with EPA. ‘‘Failure to submit 

a complete application’’ would not 

include failure to pay any accreditation 

fee or reach a fee agreement. 

3. Proposed requirements once a TPC 

is accredited. EPA is proposing that 

once an applicant is accredited as a TPC 

under TSCA Title VI, the TPC must: 

a. Verify that panel producers have 

adequate quality assurance controls and 

are complying with any quality 

assurance and quality control 

requirements that EPA promulgates 

pursuant to TSCA Title VI. 

b. Verify quality control test results 

compared with ASTM E1333–10 test 

results by having laboratories conduct 

quarterly tests and evaluate test method 

equivalence pursuant to testing 

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requirements promulgated under TSCA 

Title VI. 

c. Review applications from panel 

producers for reduced testing or thirdparty certification requirements. 

d. Establish quality control limits in 

consultation with panel producers, and, 

if applicable, shipping quality control or 

other limits for each product type and 

production line. 

e. Inform panel producers of the 

process that will be used to determine 

if product lots are exceeding the 

applicable quality control limit. 

f. Inspect and audit panel producers 

and their records at least quarterly. 

g. Use a testing laboratory or 

laboratories that comply with ISO/IEC 

17025:2005(E). 

h. Certify composite wood product 

types that comply with requirements 

under TSCA Title VI following ISO/IEC 

Guide 65:1996(E). 

i. Follow ISO/IEC 17020:1998(E) in 

the carrying out of their inspections of 

the panel producers. 

j. Provide approved TPC number 

(supplied by the accrediting AB) to the 

panel producer for labeling and 

recordkeeping. 

k. Use laboratories that participate in 

an inter-laboratory comparison or 

proficiency testing program. 

l. Maintain records in electronic form 

for 3 years. 

m. Provide an annual report to EPA 

and the AB(s) that provided it with its 

accreditation. 

n. Inform the AB(s) that provided it 

with its accreditation of any changes in 

key personnel qualifications, 

procedures, or laboratories used by the 

TPC that could affect the TPC’s ability 

to fulfill its obligations under this unit. 

One of the main functions of TPCs 

under this proposed rule would be to 

help ensure that panel producers have 

adequate quality control of their 

manufacturing process, are following 

appropriate quality assurance 

procedures, and are complying with any 

quality assurance requirements that EPA 

may implement under TSCA Title VI. 

Under the CARB ATCM, manufacturers 

are required to implement specific 

quality assurance procedures as 

described in Appendix 2 of the ATCM. 

EPA anticipates promulgating quality 

assurance requirements for panel 

producers under TSCA Title VI in a 

subsequent proposal with other 

implementation provisions as required 

under TSCA Title VI. EPA is proposing 

to use TPCs to help ensure compliance 

with quality control and quality 

assurance procedures. 

EPA is proposing to require TPCs to 

verify quality control tests that measure 

formaldehyde emissions by having 

laboratories conduct quarterly testing. 

Under TSCA Title VI, EPA intends to 

promulgate specific formaldehyde 

testing requirements. The subsequent 

proposal may also provide for reduced 

testing for specified products such as 

those made with NAF or ULEF resins. 

In this proposed rule, EPA is proposing 

to require TPCs to review and approve, 

when appropriate, applications from 

panel producers for reduced testing and 

third-party certification requirements 

according to EPA’s implementing 

regulations. The CARB ATCM allows for 

reduced testing for products 

manufactured with NAF and ULEF 

resins, and CARB reviews and approves 

NAF and ULEF applications. EPA is 

proposing to instead require TPCs to 

review these applications because EPA 

believes they are best suited to 

determine whether the panel producers 

will be able to consistently comply with 

the emission standards even with 

reduced testing requirements. EPA 

intends to further specify requirements 

for reduced testing in a subsequent 

proposal with other implementation 

provisions as required under TSCA Title 

VI. 

EPA is proposing to require TPC 

laboratories (including contract 

laboratories) to establish quality control 

limits in consultation with panel 

producers and, if applicable, shipping 

quality control or other limits for each 

product type and production line to 

ensure compliance with the emission 

standards. A quality control limit would 

be established if test methods other than 

ASTM E1333–10 are being used to make 

it easier for the panel producer to 

determine whether any products are 

likely to exceed the emission standards. 

A quality control limit would be the 

value from a test other than ASTM 

E1333–10 that is the correlative 

equivalent to the applicable standard. A 

TPC may also establish a limit to 

account for process and testing variation 

to help ensure that the emission for a 

product would not exceed the 

applicable standard. EPA is proposing 

to require TPCs to inform panel 

producers of the process that the TPC 

would use to determine if product lots 

are exceeding the applicable quality 

control limit. In the broader TSCA Title 

VI implementing regulations, EPA 

intends to describe these limits in more 

detail as well as implications and 

procedures for cases where tests exceed 

the limits in a subsequent proposal with 

other implementation provisions as 

required under TSCA Title VI. 

EPA is proposing to require that TPCs 

inspect and on-site audit panel 

producers and their records at least 

quarterly and comply with ISO/IEC 

17020:1998(E) when conducting their 

inspections. Quarterly inspections and 

on-site audits are consistent with 

requirements under the CARB ATCM, 

and EPA believes that requiring 

inspections quarterly should be 

sufficiently frequent to allow TPCs to 

observe and mitigate any potential 

violations. However, under certain 

circumstances, a TPC could determine 

that more frequent inspections and onsite audits are necessary to ensure 

compliance. EPA requests comment on 

whether enhanced testing or inspection 

requirements should be required where 

a TPC finds that a panel producer has 

failed quality control or quarterly tests 

at a certain frequency, or upon other 

circumstances. In addition to failed test 

results, circumstances that EPA 

envisions possibly warranting increased 

TPC inspections and audits include a 

panel producer failing to comply with 

its quality control manual or 

inconsistencies in records. 

EPA is proposing to require that TPCs 

use laboratories for formaldehyde 

testing that comply with ISO/IEC 

17025:2005(E). As discussed in Unit 

II.G.1., this international voluntary 

consensus standard specifies the general 

requirements for the competence to 

carry out tests and/or calibrations, 

including sampling. EPA believes that 

requiring TPCs to use laboratories that 

follow these requirements would help 

ensure that TPCs obtain reliable and 

accurate test results. 

EPA is proposing to require that TPCs 

participate in an EPA-recognized interlaboratory comparison studies or 

proficiency testing, if developed. The 

inter-laboratory comparisons would 

involve the participation of laboratories 

that are provided composite wood 

product samples to test for 

formaldehyde; each laboratory would 

test the sample using the same test 

method (e.g., ASTM E1333–10), and the 

results from all of the laboratories 

would be compared. If a standard 

reference material for formaldehyde 

emissions is developed, EPA proposes 

to require annual proficiency testing. 

The CARB ATCM requires laboratories 

to participate in an inter-laboratory 

comparison during the first year that the 

laboratory is used by a TPC, followed by 

participation in inter-laboratory 

comparisons every 2 years. EPA believes 

that evaluating the performance of 

laboratories used by the TPC by interlaboratory comparisons or proficiency 

testing is vital to ensuring that 

laboratories are performing the 

formaldehyde testing properly, and EPA 

is therefore proposing that this be an 

annual requirement. EPA requests 

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comment on whether inter-laboratory 

comparisons should take place more or 

less frequently. EPA is also seeking 

comment on criteria to use in evaluating 

performance in inter-laboratory 

comparisons. 

EPA is proposing to require TPCs to 

follow ISO/IEC Guide 65:1996(E) to 

certify composite wood product types 

that comply with requirements under 

TSCA Title VI. As discussed in Unit 

II.G.1., ISO/IEC Guide 65:1996(E) is an 

international voluntary consensus 

standard that specifies general 

requirements for a third-party operating 

a product certification system. EPA 

believes that requiring TPCs to follow 

these general requirements for certifying 

products would help ensure that the 

TPC is properly certifying only 

compliant composite wood products. 

A TPC would be supplied with a TPC 

identification number by the Product 

AB once it has been accredited for 

TSCA Title VI purposes. EPA is 

proposing to require that the TPC 

provide this number to panel producers 

so that they can include the TPC 

number on the label of their certified 

products and include it in their records. 

EPA is proposing to require TPCs to 

maintain records in electronic form for 

3 years. TSCA Title VI directs EPA to 

address recordkeeping requirements in 

its implementing regulations and EPA 

believes that certain records will greatly 

assist the EPA in monitoring 

compliance with the emissions 

standards and other provisions. These 

records would be: 

• A list of panel producers and their 

respective product types, including 

resins used, that the TPC has certified. 

• Results of inspections, audits, and 

emission tests conducted for and linked 

to each panel producer and product 

type. 

• A list of laboratories used by the 

TPC, test methods, including test 

conditions and conditioning time, and 

test results. 

• Methods and results for establishing 

test method correlations and 

equivalence. 

EPA is proposing to require TPCs to 

submit an annual report to EPA and the 

AB that accredits the TPC. The annual 

report would include: 

• A list of panel producers and their 

products that the TPC has certified 

during the previous year, including 

resins used and the average and range 

of formaldehyde emissions by panel 

producer, resin, and product type. 

• List of any non-complying products 

or events by panel producers. 

• A list of laboratories and test 

methods used by the TPC. 

• Results of inter-laboratory 

comparison or proficiency testing for 

the laboratories used by the TPC. 

EPA is proposing to require that the 

TPC inform the AB(s) that accredit the 

TPC of any changes in key personnel 

qualifications, procedures, or 

laboratories used that could affect the 

TPC’s ability to fulfill its obligations 

under this unit. EPA believes such 

changes could impact the TPC’s ability 

to properly verify formaldehyde 

emissions, inspect and audit, and certify 

compliant composite wood products. 

EPA is proposing that the AB review the 

changes to determine whether the 

changes would impact the TPC’s ability 

to perform its duties. 

4. Removal and reaccreditation of 

third-party certifiers. EPA is proposing 

to exercise the authority to revoke the 

TSCA Title VI accreditation of a TPC or 

its laboratory, after notice and an 

opportunity for a hearing, if the TPC or 

its laboratory: Fails to meet any of the 

applicable requirements promulgated 

under TSCA Title VI (such as by failing 

to comply with ISO/IEC Guide 

65:1996(E), ISO/IEC 17020:1998(E), or 

ISO/IEC 17025:2005(E)); makes false or 

misleading statements on its 

application, records, or reports; or 

makes changes to key personnel 

qualifications, procedures, or 

laboratories that would make it unable 

to perform its duties. ABs would also be 

able to revoke an accreditation of a TPC, 

subject to an opportunity for a hearing 

with EPA. A TPC whose accreditation 

has been revoked may reapply to an AB 

to be reaccredited as a TPC. 

If a TPC loses its accreditation or 

discontinues participation in the TSCA 

Title VI Third-Party Certification 

Program for any reason, it would be 

responsible for promptly notifying EPA 

and all panel producers that it provides 

TSCA Title VI certification services to. 

If a TPC loses its accreditation or 

discontinues participation in the 

program for reasons other than fraud or 

providing false or misleading 

statements, or other than a reason that 

implicates a particular panel producer 

in a violation of TSCA Title VI or its 

implementing regulations, the panel 

producers that used the TPC to certify 

their products would need to enlist 

another TPC to certify their products 

within 3 months (90 days). In these 

cases, the panel producers would not be 

required to recall or recertify their 

products merely because the certifying 

TPC lost its accreditation. During the 

time a panel producer is seeking a new 

TPC, it would need to continue to 

comply with all other requirements of 

TSCA Title VI and its implementing 

regulations, including quality control 

testing. During this period the panel 

producer would remain subject to 

inspection by EPA. If the panel 

producer is unable to comply with all 

other aspects of TSCA Title VI and its 

implementing regulations, the panel 

producer would not be permitted to sell, 

offer for sale, or supply its products in 

the United States until its products are 

recertified as compliant. If a TPC loses 

its accreditation due to fraud or 

providing false or misleading statements 

with respect to a particular panel 

producer, or for any other reason that 

implicates a particular panel producer 

in a violation of TSCA Title VI or the 

regulations promulgated thereunder, 

that panel producer would not be 

permitted to offer regulated composite 

wood products for sale in the United 

States until its composite wood 

products have been recertified by 

another TPC. If such a situation does 

occur, EPA would notify affected panel 

producer at the time it commences 

action against the TPC. EPA believes it 

is appropriate to be more stringent in 

these situations because the TPC’s 

behavior may call into question the 

legitimacy of the manufacture’s product 

certification. Any action EPA would 

take against a TPC would not preclude 

an enforcement action against a panel 

producer. EPA requests comment on 

whether it has provided adequate time 

for a panel producer to seek an alternate 

certification. 

C. Enforcement, Suspension, 

Revocation, and Modification 

1. Enforcement under TSCA sections 

15–17. EPA may conduct inspections of 

participating TPCs and ABs and issue 

subpoenas according to the 

requirements for accreditation and 

recognition and/or pursuant to the 

provisions of TSCA section 11 (15 

U.S.C. 2610) to ensure compliance with 

TSCA Title VI and the regulations 

promulgated thereunder. Enforcement 

issues related to manufacturers, 

importers, distributors, and retailers 

will be covered in a subsequent 

proposal. 

EPA would exercise the authority to 

withdraw from a recognition agreement 

with an AB and pursue penalties under 

TSCA section 15 (15 U.S.C. 2614) for 

any violation of TSCA Title VI or the 

regulations promulgated thereunder. In 

addition to an administrative or judicial 

finding of violation, grounds for 

withdrawing from a recognition 

agreement and/or pursuing an 

enforcement action against an AB 

include if the AB: 

• Submits false or misleading 

information to EPA; 

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• Fails to maintain or falsifies 

required records; or 

• Or otherwise fails to comply with 

TSCA Title VI or the regulations 

promulgated thereunder. 

2. Suspension, revocation and 

modification. EPA would exercise the 

authority to suspend, revoke, or modify 

a TPC’s TSCA Title VI accreditation, 

with or without the participation of the 

AB that provided the accreditation, if 

the TPC fails to comply with TSCA Title 

VI or the regulations promulgated 

thereunder. Any violation of TSCA Title 

VI or the regulations promulgated 

thereunder would also be a prohibited 

act under TSCA section 15. Grounds for 

suspending, modifying, or revoking a 

TPC’s accreditation include if the TPC: 

a. Submits false or misleading 

information to EPA or its AB; 

b. Fails to maintain or falsifies 

required records; or 

c. Fails to comply with TSCA Title VI 

or regulations promulgated thereunder. 

The ISO/IEC standards and guide that 

are referenced in this proposed rule 

require that policies and procedures be 

in place to identify and remedy 

nonconformities with the 

implementation of those standards (ISO/ 

IEC 17025:2005(E), section 4.9; ISO/IEC 

17011:2004(E), section 5.5; ISO/IEC 

17020:1998(E), section 7.8; ISO/IEC 

Guide 65:1996(E), section 47). Should a 

TPC or AB identify a nonconformity or 

discrepancy with its implementation of 

one of the ISO standards via an internal 

audit or other means, that entity must 

take remedial action within the 

timeframe specified by the AB or the 

time specified in the TPC’s quality 

management plan in order to avoid the 

possibility of an enforcement action. 

Prior to withdrawal from a 

recognition agreement with an AB, or 

the suspension, revocation, or 

modification of a TPC’s accreditation, 

EPA would provide notification to the 

affected AB or TPC of: 

• The legal and factual basis for the 

proposed action. 

• The anticipated commencement 

date and duration of any suspension, 

revocation, modification, or other 

action. 

• What actions, if any, the affected 

entity may take to avoid suspension, 

revocation, modification, or otherwise 

continue participation in the program. 

• The opportunity and method for 

requesting a hearing prior to the final 

action. 

If an individual or organization 

requests a hearing, EPA would: 

• Provide the affected entity an 

opportunity to offer written statements 

in response to EPA’s assertions of the 

legal and factual basis for its proposed 

action. 

• Appoint an impartial official of EPA 

as Presiding Officer to conduct the 

hearing. 

The Presiding Officer would conduct 

a fair, orderly, and impartial hearing 

within 90 days of the request for a 

hearing. The Presiding Officer would 

consider all relevant evidence, 

explanations, comments, and arguments 

submitted and notify the affected entity 

in writing within 90 days of completion 

of the hearing of his or her decision and 

order. Such an order is a final agency 

action which may be subject to judicial 

review. The order must contain the 

commencement date and duration of the 

suspension, revocation, or modification. 

If EPA determines that the public 

health, interest, or welfare warrants 

immediate action to suspend the 

recognition of an AB or the 

accreditation of a TPC prior to the 

opportunity for a hearing, it would 

notify the affected AB or TPC of its right 

to request a hearing on the immediate 

suspension within 15 days of the 

suspension taking place and the 

procedures for the conduct of such a 

hearing. 

Any notice, decision, or order issued 

by EPA in response to a hearing, any 

transcript or other verbatim record of 

oral testimony, and any documents filed 

in response to a hearing would be 

available to the public, except as 

otherwise provided by TSCA section 14. 

Any such hearing at which oral 

testimony is presented would be open to 

the public, except that the Presiding 

Officer may exclude the public to the 

extent necessary to allow presentation 

of information which may be entitled to 

confidential treatment under TSCA 

section14. 

D. Status of CARB Approved TPCs 

EPA intends to propose that the 

formaldehyde emissions standards in 

TSCA Title VI become effective 365 

days after the promulgation of the TSCA 

Title VI implementing regulations 

(which are required by TSCA Title VI to 

be promulgated no later than January 1, 

2013). EPA proposes that CARB 

approved TPCs would have 365 days 

after the promulgation of the TSCA Title 

VI implementing regulations to become 

accredited by an AB with which EPA 

has entered into a recognition 

agreement. In order to determine which 

TPCs are CARB approved, EPA will 

consult the listing of TPC’s that CARB 

maintains on its Internet site. EPA 

believes that 365 days is a sufficient 

period of time for EPA to enter into 

recognition agreements with ABs and 

for TPCs to seek accreditation from EPA 

recognized ABs, ensuring no 

interruption in a TPC’s services. During 

the transition period between when the 

final TSCA Title VI implementing 

regulations are promulgated and the 

date 365 days after promulgation, the 

CARB approved TPCs may carry out 

certification activities under TSCA Title 

VI provided that they are compliant 

with all other aspects of TSCA Title VI 

and the regulations promulgated 

thereunder. TPCs that are certifying 

products as compliant with TSCA Title 

VI are subject to inspection by EPA and 

enforcement actions for any violations 

of TSCA Title VI or the regulations 

promulgated thereunder. To reduce 

burden on existing CARB approved 

TPCs, the EPA requests comment on 

ways to better synchronize the timing 

for the TSCA Title VI accreditation 

period for existing CARB approved 

TPCs. For example, one option might be 

to extend the allowable time period for 

acquiring accreditation from 1 to 2 

years. Another option might be to align 

the TSCA Title VI accreditation 

requirement for CARB approved TPCs 

with their existing CARB accreditation 

renewal, such that they could use the 

same information to be accredited by 

EPA and CARB at the same time. 

Alternatively, the TPCs could be 

required to obtain accreditation from an 

EPA-recognized AB no later than 1 year 

after the first EPA-recognized AB enters 

into a recognition agreement with the 

EPA under the TSCA Title VI. EPA 

expects to communicate with CARB 

regarding its third-party certification 

program and to collaborate, where 

possible, in order to promote the mutual 

acceptance of TPCs. 

E. Transparency 

EPA has a commitment to uphold the 

values of transparency and openness in 

conducting EPA operations (Ref. 24). 

Transparency promotes accountability 

and provides information for citizens 

about what their government is doing 

(Ref. 25). EPA would support its 

commitment by making documentation 

of recognized ABs, TPCs, and panel 

producers available to the public. EPA 

is proposing to make the following 

information publically available on the 

Internet: 

1. The names and addresses of all ABs 

that EPA has a recognition agreement 

with and the status of that recognition 

agreement. 

2. A list of all accredited TPCs with 

their TPC number and accreditation 

status. 

3. Annual reports from ABs. 

4. A list of panel producers approved 

for reduced testing and reduced thirdparty certification requirements. 

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EPA requests comment on what, if 

any, additional information should be 

made publically available (e.g., annual 

reports from TPCs and other required 

notifications) and on whether there are 

other ways EPA might improve program 

transparency. EPA requests comment on 

whether making the following 

information available publically on the 

Internet would be useful to the public 

or present challenges for regulated 

entities: 

• A list of panel producers and their 

products that each TPC has certified, 

including resins used and the average 

and range of formaldehyde emissions by 

panel producer, resin, and product type. 

• A list of any non-complying 

products or events by panel producer. 

• A list of laboratories and test 

methods used by each TPC. 

• The results of inter-laboratory 

comparison or proficiency testing for 

the laboratories used by TPCs. 

EPA requests comment on whether 

such information might contain CBI. 

EPA is considering requiring some 

information to be reported into a 

publicly viewable database, should such 

a database be developed. Generally, EPA 

is considering requiring electronic 

reporting of the information proposed to 

be reported. In particular, EPA requests 

comment on whether the data elements 

in the ABs’ and TPCs’ annual reports, 

and the required notifications should be 

reported into a publicly viewable 

database. 

EPA is proposing a 3 year record 

retention period for all TSCA Title VI 

AB and TPC record keeping 

requirements. While EPA is proposing a 

3 year record retention period as is 

common under the Paperwork 

Reduction Act, EPA requests comments 

on ways to reduce the burden and costs 

of hard-copy record keeping over 

multiple years on the regulated 

community, such as by requiring that 

the entities regulated under this rule be 

allowed to keep required records 

electronically and make them available 

to the Agency and others via their 

business Web site, or other electronic 

media. 

Under the proposed rulemaking, 

composite wood products would be 

regulated starting with the manufacture 

(including import) of panels, through 

their incorporation into component 

parts and finished goods, the 

distribution of those products, and the 

retail sale of those products. This can be 

a lengthy process and the amount of 

time composite wood panels are held in 

inventory and the amount of time before 

they are incorporated into finished 

goods is variable. This variability can 

result from prevailing economic 

conditions, the complexity of the 

individual products, the origin of the 

products, and other factors. This point 

was illustrated by the fact that CARB 

had to extend its ‘‘sell-through dates’’ 

multiple times. CARB found that these 

extensions were necessary because the 

recession increased the amount of time 

manufacturers needed to clear 

preexisting inventory. As CARB found 

that items remained in inventory for 

extended periods, it is possible that an 

issue could arise with a particular 

composite wood item several years after 

it was manufactured. Learning the 

source of the item may be important in 

order to identify and correct a problem. 

Because retail companies receive 

composite wood items from many 

sources and the third party certifier 

could vary with each item, retaining 

records for 3 years would help assure 

that problems can be identified and 

corrected. 

Third party certifiers of compliance 

with formaldehyde emissions from 

composite wood products would need 

to maintain certain records long enough 

to assure that their oversight role in the 

system is operating properly to protect 

human health. An adequate record 

retention period is essential to fair and 

efficient enforcement of the regulatory 

requirements and allows EPA and 

interested downstream consumers to be 

assured that finished goods are made 

from compliant composite wood panels. 

EPA seeks to avoid the situation where 

records surrounding the certification of 

regulated products that remain available 

for retail sale in the United States have 

already been disposed of because of the 

passage of time. To that end, EPA 

requests comment on the length of time 

composite wood panels may take to 

reach their end user, whether 

incorporated into a finished good or not. 

EPA also requests comment on the 

amount of time ABs and TPCs, during 

their ordinary course of business, 

typically retain records of their 

accreditation or certification activities 

and whether this is due to any external 

factors such as, industry standards, 

customer demand, customary business 

practices, or other. 

F. Electronic Reporting 

The Government Paperwork 

Elimination Act (GPEA), 44 U.S.C. 3504, 

provides that, when practicable, Federal 

organizations use electronic forms, 

electronic filings, and electronic 

signatures to conduct official business 

with the public. EPA’s Cross-Media 

Electronic Reporting Regulation 

(CROMERR) (40 CFR part 3), published 

in the Federal Register on October 13, 

2005 (70 FR 59848) (FRL–7977–1), 

provides that any requirement in title 40 

of the Code of Federal Regulations (CFR) 

to submit a report directly to EPA can 

be satisfied with an electronic 

submission that meets certain 

conditions once the Agency publishes a 

regulation that an electronic document 

submission process is available for that 

requirement. 

EPA is considering requiring 

information reported to EPA from TPCs 

and ABs be reported electronically 

through EPA’s Central Data Exchange 

(CDX). CDX provides the capability for 

submitters to access their data through 

the use of web services. For more 

information about CDX, go to http:// 

epa.gov/cdx. 

Should EPA adopt a mandatory 

electronic reporting requirement, 

submitters would be required to register 

with EPA’s CDX, complete an electronic 

signature agreement, and to prepare a 

data file for submission. To submit 

electronically to EPA via CDX, 

individuals must first register with that 

system at, http://cdx.epa.gov/ 

epa_home.asp. To register in CDX, the 

CDX registrant agrees to the Terms and 

Conditions, provides information about 

the submitter and organization, selects a 

user name and password, and follows 

the procedures outlined in the guidance 

document for CDX available at https:// 

cdx.epa.gov/TSCA/eTSCA-Registration

Guide.pdf. The registrant would also 

select a role and complete an electronic 

signature agreement either through 

electronic validation using the 

LexisNexis services or through wet ink 

signature. Once registration and the 

electronic signature agreement are 

complete, the user would prepare a 

submission. 

Most of the information requested in 

the reporting requirements of these 

collections is not of a confidential 

nature. Nonetheless, the application 

would be designed to support TSCA CBI 

needs by providing a secure 

environment that meets Federal 

standards. 

EPA is considering requiring 

mandatory electronic reporting 

requirement because such a requirement 

would streamline the reporting process 

and reduce the administrative costs 

associated with information submission 

and recordkeeping. The effort to 

eliminate paper-based submissions in 

favor of CDX reporting is part of broader 

government efforts to move to modern, 

electronic methods of information 

gathering. Electronic reporting allows 

for more efficient data transmittal and a 

reduction in errors with the built-in 

validation procedures. EPA believes the 

adoption of electronic reporting reduces 

the reporting burden for submitters by 

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reducing the cost and time required to 

review. EPA requests comment on 

whether it should require mandatory 

electronic reporting. For more 

information on how a TSCA Title VI 

electronic reporting application would 

function and the burdens and benefits 

associated with electronic reporting 

please see Ref. 27. 

IV. Request for Comment 

In addition to the areas on which EPA 

has specifically requested comment, 

EPA requests comment on all other 

aspects of this proposed rule. 

V. References 

As indicated under ADDRESSES, a 

docket has been established for this 

rulemaking under docket ID number 

EPA–HQ–OPPT–2011–0380. The 

following is a listing of the documents 

that are specifically referenced in this 

action. 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. Public Law 111–199, Title VI— 

Formaldehyde Standards for Composite 

Wood Products Act, enacted July 7, 2010. 

(TSCA section 601(d), 15 U.S.C. 2601 et seq.) 

2. Agency for Toxic Substances and 

Disease Registry (ATSDR). 1999. 

Toxicological Profile for Formaldehyde and 

2010 Addendum to the Profile. Atlanta, GA: 

U.S. Department of Health and Human 

Services, Public Health Service. 

3. National Toxicology Program, U.S. 

Department of Health and Human Services 

(HHS), 12th Report on Carcinogens, June 10, 

2011. 

4. EPA, ORD. Integrated Risk Information 

System (IRIS) Program. IRIS Toxicological 

Review of Formaldehyde-Inhalation 

Assessment (2010 External Review Draft). 

Available online at: http://cfpub.epa.gov/ 

ncea/iris_drafts/ 

recordisplay.cfm?deid=223614. 

5. National Academy of Sciences (NAS). 

Review of the Environmental Protection 

Agency’s Draft IRIS Assessment of 

Formaldehyde. 2011. Available online at: 

http://www.nap.edu/ 

catalog.php?record_id=13142. 

6. International Agency for Research on 

Cancer (June 2006). IARC Monographs on the 

Evaluation of Carcinogenic Risks to Humans 

Volume 88 (2006): Formaldehyde, 2- 

Butoxyethanol and 1-tert-Butoxypropan-2-ol. 

7. California Environmental Protection 

Agency Air Resource Board. CARB Airborne 

Toxic Control Measure. April 26, 2007. 

Available online at: http://www.arb.ca.gov/ 

toxics/compwood/compwood.htm. 

8. California Environmental Protection 

Agency Air Resources Board, Composite 

Wood Products ATCM, List of CARB 

Approved Third-party Certifiers (Accessed 

August, 2011). Available online at: http:// 

www.arb.ca.gov/toxics/compwood/ 

listoftpcs.htm. 

9. California Environmental Protection 

Agency Air Resources Board, Application to 

be a Third-party Certifier (TPC) of Composite 

Wood Products. Available online at: http:// 

www.arb.ca.gov/toxics/compwood/tpc/ 

tpcapplication.pdf. 

10. Sierra Club. Citizen Petition to EPA 

Regarding Formaldehyde in Wood Products. 

March 20, 2008. Available online at: http:// 

www.epa.gov/opptintr/chemtest/ 

formaldehyde/index.html. 

11. EPA. Formaldehyde Emissions from 

Composite Wood Products; Disposition of 

TSCA Section 21 Petition. Federal Register. 

(73 FR 36504, June 27, 2008) (FRL–8371–5). 

12. EPA. Formaldehyde Emissions from 

Composite Wood Products; Advanced notice 

of proposed rulemaking and notice of public 

meetings. Federal Register. (73 FR 73620, 

December 3, 2008) (FRL–8386–3). 

13. ISO/IEC Guide 65:1996(E), General 

Requirements for Bodies Operating Product 

Certification Systems (First Edition) 1996. 

14. ISO/IEC 17011:2004(E), Conformity 

Assessments—General Requirements for 

Accreditation Bodies Accrediting Conformity 

Assessment Bodies (Corrected Version), 

February 15, 2005. 

15. ISO/IEC 17025:2005(E), General 

Requirements for the Competence of Testing 

and Calibration Laboratories (Second 

Edition), May 15, 2005. 

16. ISO/IEC 17020:1998(E), General 

Criteria for the Operation of Various Types of 

Bodies Performing Inspections (First Edition) 

November 15, 1998. 

17. International Accreditation Forum. 

Available online at: http://www.iaf.nu/. 

18. International Laboratory Accreditation 

Cooperation. Available online at: http:// 

www.ilac.org. 

19. EPA. National Lead Laboratory 

Accreditation (NLLAP). Available at: http:// 

www.epa.gov/lead/pubs/nllap.htm. 

20. ASTM E1333–96 (Reapproved 2002). 

Standard Test Method for Determining 

Formaldehyde Concentrations in Air and 

Emission Rates from Wood Products Using a 

Large Chamber. 

21. ASTM D6007–02 (Reapproved 2008), 

October 1, 2008. Standard Test Method for 

Determining Formaldehyde Concentrations 

in Air from Wood Products Using a SmallScale Chamber. 

22. ASTM D5582–00 (Reapproved 2006), 

October 1, 2006. Standard Test Method for 

Determining Formaldehyde Levels from 

Wood Products Using a Desiccator. 

23. ASTM E1333–10 (May 1, 2010). 

Standard Test Method for Determining 

Formaldehyde Concentrations in Air and 

Emission Rates from Wood Products Using a 

Large Chamber. 

24. EPA. Memorandum from Lisa Jackson 

to EPA Employees (April 23, 2009). Available 

online at: http://www.epa.gov/Administrator/ 

operationsmemo.html. 

25. Memorandum from President Barack 

Obama to the Heads of Executive 

Departments and Agencies. January 21, 2009. 

Available online at: http:// 

www.whitehouse.gov/the_press_office/

TransparencyandOpenGovernment. 

26. EPA. Economic Analysis of the ThirdParty Certification Framework for the 

Formaldehyde Standards for Composite 

Wood Products Act Proposed Rule 

(Economic Analysis). May 2013. 

27. EPA. Information Collection Request 

(ICR) for the Formaldehyde Emissions From 

Composite Wood Products, Third-Party 

Certification Framework, Recordkeeping and 

Reporting; Proposed Rule, (RIN 2070–AJ44). 

EPA ICR No. 2441.01 and OMB No. 2070– 

[NEW]. May 2013. 

28. EPA. Report of the Small Business 

Advocacy Review Panel on EPA’s Planned 

Proposed Rule Implementing the 

Formaldehyde Standards for Composite 

Wood Products Act (TSCA Title VI). April 4, 

2011. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

Under section 3(f)(1) of Executive 

Order 12866 (58 FR 51735, October 4, 

1993), this is a ‘‘significant regulatory 

action’’ because it may raise novel legal 

or policy issues related to the 

establishment of a new regulatory 

program as mandated by a new statutory 

amendment. Accordingly, EPA 

submitted this proposed rule to the 

Office of Management and Budget 

(OMB) for review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011), and any changes 

made in response to OMB 

recommendations are documented in 

the docket for this proposed rule. 

EPA prepared an analysis of the 

potential costs and benefits associated 

with this action. A copy of this 

Economic Analysis (Ref. 26) is available 

in the docket for this proposed and the 

analysis is briefly summarized here. 

This proposed rule would require ABs 

to submit an application and enter into 

a recognition agreement with EPA, 

provide notifications and annual 

reports, and maintain records. A typical 

AB is estimated to incur an annualized 

cost of nearly $800 per year. For the 

purposes of cost estimation EPA 

assumes that eight organizations in the 

United States will become ABs in the 

TSCA Title VI Third-Party Certification 

Program, so total costs to U.S. ABs are 

estimated to be approximately $6,300 

per year. 

This proposed rule would require 

TPCs to submit an application, submit 

notifications and annual reports, and 

maintain records. These requirements 

are estimated to cost an average TPC 

about $1,100 per year. The proposed 

rule also would require TPCs to be 

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accredited for certain ISO/IEC guide and 

standards. Most potential TPCs that are 

likely to participate in the TSCA Title 

VI Third-Party Certification Program are 

expected to already have all the 

necessary accreditations, but some TPCs 

are assumed to need an additional 

accreditation at a cost of $25,000 in the 

first year and $5,000 per year in 

subsequent years. For the purposes of 

cost estimation EPA assumes that there 

will be nine U.S. TPCs under this 

proposed rule. Total costs to U.S. TPCs 

due to the proposed rule are estimated 

to be approximately $94,000 in the first 

year and $24,000 to $28,000 per year in 

subsequent years. Annualized costs to 

U.S. TPCs are $27,000 and $28,000 per 

year, using a 3% and 7% discount rate, 

respectively. 

The combined total cost for 

accreditation bodies and TPCs is 

estimated to be $107,000 in the first 

year. Annualized costs are estimated at 

approximately $34,000 per year using 

either a 3% or7% discount rate. 

B. Paperwork Reduction Act (PRA) 

The information collection 

requirements in this proposed rule have 

been submitted for approval to OMB 

under the PRA, 44 U.S.C. 3501 et seq. 

The ICR document prepared by EPA has 

been assigned EPA ICR No. 2441.01. 

This proposed rule would require 

TPCs to provide EPA and ABs with 

pertinent information necessary for 

accreditation. Also, this proposed rule 

would require ABs to provide EPA with 

necessary information through a 

recognition agreement in order to 

qualify them to function as an AB 

pursuant to the regulations. EPA has 

therefore prepared and submitted to 

OMB an ICR document entitled 

‘‘Formaldehyde Emissions From 

Composite Wood Products, Third-Party 

Certification Framework, Recordkeeping 

and Reporting; Proposed Rule (RIN 

2070–AJ44),’’ identified under EPA ICR 

No. 2441.01 and OMB Control No. 

2070–[NEW], which is also available for 

review in the docket for this proposed 

rule (Ref. 27). The ICR describes the 

information collection activities and the 

estimated burden hours and costs, 

which are briefly summarized here. 

Because the approval requirements for 

information collection requests under 

PRA is not limited to U.S. entities, the 

reporting and recordkeeping burden of 

the proposed rule is calculated for both 

foreign and domestic entities. 

The average reporting and 

recordkeeping burden for ABs is 

estimated at approximately 21 hours per 

year. EPA assumes that 8 U.S. ABs and 

17 foreign ABs will participate in the 

TSCA Title VI program, so the annual 

burden for ABs is estimated to be 500 

hours. The average reporting and 

recordkeeping burden for TPCs is 

estimated at approximately 25 hours per 

year. EPA assumes there will be nine 

domestic TPCs and 27 foreign TPCs that 

participate in the TCA Title VI program, 

so the annual burden for ABs is 

estimated at approximately 900 hours. 

Total respondent burden for ABs and 

TPCs combined is estimated at 

approximately 1,400 hours per year. The 

total cost to United States and foreign 

TPCs that need to obtain additional 

accreditation is estimated to average 

$140,000 per year. Burden is defined at 

5 CFR 1320.3(b). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to an information collection 

request unless it displays a currently 

valid OMB control number, or is 

otherwise required to submit the 

specific information by a statute. The 

OMB control numbers for EPA’s 

regulations codified in title 40 of the 

Code of Federal Regulations, after 

appearing in the preamble of the final 

rule, are further displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instrument or 

form, if applicable. The display of OMB 

control numbers for certain EPA 

regulations is consolidated in a list at 40 

CFR 9.1. 

To comment on the Agency’s need for 

this information, the accuracy of the 

provided burden estimates, and any 

suggested methods for minimizing 

respondent burden, EPA has established 

a public docket for this proposed rule, 

which includes this ICR, under docket 

ID number EPA–HQ–OPPT–2011–0380. 

Submit any comments related to the ICR 

to EPA and OMB. See ADDRESSES at the 

beginning of this proposed rule for 

where to submit comments to EPA. 

Send comments to OMB at the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 725 

17th St. NW., Washington, DC 20503, 

ATTN: Desk Office for EPA. Since OMB 

is required to make a decision 

concerning the ICR between 30 and 60 

days after June 10, 2013, a comment to 

OMB is best assured of having its full 

effect if OMB receives it by July 10, 

2013. The final rule will respond to any 

OMB or public comments on the 

information collection requirements 

contained in this proposed rule. 

C. Regulatory Flexibility Act (RFA) 

The RFA, 5 U.S.C. 601 et seq., 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act, 5 U.S.C. 

553, or any other statute unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Small entities include small 

businesses, small organizations, and 

small governmental jurisdictions. For 

purposes of assessing the impacts of this 

proposed rule on small entities, a small 

entity is defined as: 

1. A small business, as defined by the 

Small Business Administration’s (SBA) 

regulations at 13 CFR 121.201. The 

SBA’s definitions typically are based 

upon either a sales or an employment 

level, depending on the nature of the 

industry. 

2. A small governmental jurisdiction 

that is a government of a city, county, 

town, school district, or special district 

with a population of less than 50,000. 

3. A small organization that is any 

not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field. 

Since the regulated community does 

not include small governmental 

jurisdictions, the Agency’s analysis 

focuses on small businesses and small 

non-profits organizations. 

After considering the economic 

impacts of this proposed rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

The Agency’s basis is briefly 

summarized here and is detailed in the 

Economic Analysis (Ref. 26). 

EPA evaluated two factors in its 

analysis of the proposed rule’s 

requirements on small entities, the 

number and type of small entities 

potentially affected, and the extent of 

the rule’s potential economic impact on 

those entities as measured by the costto-revenue ratio for businesses and the 

cost-to-expenses ratio for non-profit 

organizations. This ratio is a good 

measure of entities’ ability to afford the 

costs attributable to a regulatory 

requirement, because comparing 

compliance costs to revenues or 

expenses provides a reasonable 

indication of the magnitude of the 

regulatory burden relative to a 

commonly available measure of 

economic activity. Where regulatory 

costs represent a small fraction of a 

typical entity’s revenues or expenses, 

the financial impacts of the regulation 

on such entities may be considered as 

not significant. The impact ratios were 

calculated using annualized costs, 

because these costs are more 

representative of the continuing costs 

entities would face to comply with this 

proposed rule. 

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EPA assumed that 5 small non-profit 

organizations and 4 small businesses in 

the United States will participate as ABs 

or TPCs in the TSCA Title VI program. 

All of the small non-profit organizations 

are expected to have cost impacts below 

the 1% level. Three of the small 

businesses are expected to have cost 

impacts below the 1% level, and one is 

expected to have cost impacts between 

1% and 3%. So of the 9 total small 

entities assumed to be affected by the 

final rule, 8 are expected to have 

impacts under 1%, and 1 is expected to 

have impacts between 1% and 3%. 

In general, EPA strives to minimize 

potential adverse impacts on small 

entities when developing regulations to 

achieve the environmental and human 

health protection goals of the statute 

and the Agency. EPA solicits comments 

specifically about the potential 

economic impacts that this proposed 

rule may impose on small entities. 

Although not required by RFA to 

convene a Small Business Advocacy 

Review (SBAR) Panel for this particular 

proposed rule because EPA has 

determined that this proposal would not 

have a significant economic impacts on 

a substantial number of small entities, 

EPA convened a SBAR Panel to obtain 

advice and recommendations from 

small entities representatives potentially 

subject to the proposed rule’s 

requirements. The SBAR Panel covered 

the proposed regulations and the 

broader TSCA Title VI implementing 

regulations proposal which will follow. 

The SBAR Panel was convened by 

EPA’s Small Business Advocacy 

Chairperson on February 3, 2011. In 

addition to the chairperson, the Panel 

consisted of the Assistant Administrator 

of the Office of Chemical Safety and 

Pollution Prevention, the Administrator 

of the Office of Information and 

Regulatory Affairs within OMB, and the 

Chief Counsel for Advocacy of the SBA. 

Seventeen potentially impacted small 

entities served as Small Entity 

Representatives (SERs), representing a 

broad range of small entities from 

diverse geographic locations and five 

association representatives. EPA hosted 

two meetings with the SERs to obtain 

feedback. During the Pre-Panel Outreach 

Meeting on January 6, 2011, and the 

Panel Outreach Meeting on February 17, 

2011, EPA reviewed the major areas of 

regulation, including options for the 

proposed framework of the TSCA Title 

VI Third-Party Certification Program, 

with the SBAR Panel and the SERs. The 

SBAR Panel solicited comments from 

the SERs on the options presented by 

EPA, their experiences with the CARB 

ATCM, any additional concerns they 

might have, and the costs of regulatory 

options. Several SERs submitted written 

comments to EPA following the 

meetings. The Panel evaluated the 

assembled materials and small entity 

comments on issues related to the 

elements of an IRFA. A copy of the 

SBAR Panel report is included in the 

docket for this proposed rule (Ref. 28). 

As a result of its deliberations, the Panel 

made a number of recommendations. 

With regards to the proposed TSCA 

Title VI Third-Party Certification 

Program, the Panel recommended that 

EPA continue to explore how it can 

capitalize on the expertise of 

international ABs, while at the same 

time maintaining control over the 

design and implementation of its 

certification system. 

D. Unfunded Mandates Reform Act 

(UMRA) 

Title II of UMRA, 2 U.S.C. 1531–1538, 

establishes requirements for Federal 

agencies to assess the effects of their 

regulatory actions on State, local, and 

tribal governments and the private 

sector. This proposed rule does not 

contain a Federal mandate that may 

result in expenditures of $100 million or 

more for State, local, or tribal 

governments, in the aggregate, or the 

private sector in any 1 year. No State, 

local, or tribal governments currently 

acts as accreditation bodies or TPCs, 

and none are anticipated to do so in the 

future, so the proposed rule would not 

result in expenditures by these 

government bodies. The costs of the 

proposed rule to the private sector are 

expected to be approximately $100,000 

in the first year, and significantly less 

costly in subsequent years. Thus, this 

proposed rule is not subject to the 

requirements of UMRA sections 202 or 

205. This proposed rule is also not 

subject to the requirements of UMRA 

section 203 because it contains no 

regulatory requirements that might 

significantly or uniquely affect small 

governments. Since no State, local, or 

tribal governments are expected to act as 

accreditation bodies or TPCs. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications because 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). No States are 

expected to act as accreditation bodies 

or TPCs, and EPA would administer 

these requirements not the States. The 

proposed rule would not impose 

substantial direct compliance costs on 

States. Furthermore, the proposed rule 

would not preempt State or local law. 

Thus, Executive Order 13132 does not 

apply to this action. Nonetheless, since 

California also has a program to regulate 

formaldehyde emissions from composite 

wood products, EPA held numerous 

consultations with representatives of the 

California Air Resources Board while 

developing this proposed rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comments on this 

proposed action from State and local 

officials. 

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). No Tribes are expected to act as 

accreditation bodies or TPCs, and EPA 

would administer these requirements 

not Tribes. Thus, Executive Order 13175 

does not apply to this action. EPA 

specifically solicits additional comment 

on this proposed action from tribal 

officials. 

G. Executive Order 13045: Protection of 

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 health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045, because it 

would not establish an environmental 

standard intended to mitigate health or 

safety risks. 

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. Further, 

we have concluded that this rule is not 

likely to have any adverse energy affects 

because it sets up a framework for a 

TSCA Title VI Third-Party Certification 

Program, and does not require any 

action related to the supply, 

distribution, or use of energy. 

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34814 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Proposed Rules 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of NTTAA, 15 U.S.C. 

272 note, directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, 

business practices, etc.) that are 

developed or adopted by voluntary 

consensus standards bodies. NTTAA 

directs EPA to provide Congress, 

through OMB, explanations when the 

Agency decides not to use available and 

applicable voluntary consensus 

standards. 

This proposed rule involves technical 

standards. EPA proposes to use 

voluntary consensus standards. The 

proposed framework of this TSCA Title 

VI Third-Party Certification Program is 

based on the ability of ABs to review 

TPCs for their conformity to ISO/IEC 

Guide 65:1996(E), ISO/IEC 

17025:2005(E), and ISO/IEC 

17020:1998(E). Both Product ABs and 

Laboratory ABs would be required to 

maintain their conformity to ISO/IEC 

17011:2004(E). 

EPA welcomes comments on this 

aspect of the proposed rule, and 

specifically invites the public to identify 

potentially applicable voluntary 

consensus standards and to explain why 

such standards should be used in the 

final rule. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This proposed rule 

would establish a system whereby ABs 

accredits TPCs, and TPCs certify 

composite wood products in order to 

ensure compliance with the emissions 

standards in TSCA Title VI. This 

proposed rule does not relax a pollution 

control measure and therefore will not 

cause emissions increases. 

List of Subjects in 40 CFR Part 770 

Environmental protection, Composite 

wood products, Formaldehyde, 

Reporting and recordkeeping, Thirdparty certification. 

Dated: May 23, 2013. 

Bob Perciasepe, 

Acting Administrator. 

Therefore, it is proposed that 40 CFR 

chapter I, subchapter R, be amended by 

adding a new part 770 to read as 

follows: 

PART 770—FORMALDEHYDE 

STANDARDS FOR COMPOSITE WOOD 

PRODUCTS 

Subpart A—General Provisions 

Sec. 

770.1 Scope and applicability. 

770.2 Effective dates. 

770.3 Definitions. 

Subpart B—TSCA Title VI Third-Party 

Certification Program 

770.7 Third-party certification. 

770.9 Prohibited Acts. 

Subpart C—[Reserved] 

Subpart D—Incorporation by Reference 

770.99 Incorporation by reference. 

Authority: 15 U.S.C. 2697(d). 

Subpart A—General Provisions 

§ 770.1 Scope and applicability. 

(a) This subpart applies to: 

(1) Laboratory Accreditation Bodies 

(ABs) and Product ABs that are 

accrediting third-party certifiers (TPCs) 

for TSCA Title VI (15 U.S.C. 2697(d)) 

purposes and those that wish to 

commence accrediting third-party 

certifiers for TSCA Title VI purposes. (2) 

TPCs that are certifying composite wood 

products for TSCA Title VI compliance 

and those that wish to commence 

certifying composite wood products for 

TSCA Title VI compliance. 

(b) [Reserved] 

§ 770.2 Effective dates. 

(a) Laboratory and Product ABs that 

wish to accredit TPCs for TSCA Title VI 

purposes may apply to EPA to become 

recognized beginning on [date of 

publication of the final rule in the 

Federal Register]. Laboratory and 

Product ABs must be recognized by EPA 

before they begin providing TSCA Title 

VI accreditation services. 

(b) TPCs that wish to provide TSCA 

Title VI certification services must meet 

all the requirements of this subpart 

before they commence providing TSCA 

Title VI certification services. 

(c) Notwithstanding any other 

provision of this subpart, TPCs that are 

approved by the California Air 

Resources Board to certify composite 

wood products have until [date 1 year 

after date of publication of the final rule 

in the Federal Register] to become 

accredited pursuant to the requirements 

of this subpart. During the year 

following [date of publication of the 

final rule in the Federal Register], the 

California Air Resources Boardapproved TPCs may carry out 

certification activities under TSCA Title 

VI, provided that they are compliant 

with all other aspects of TSCA Title VI 

and the regulations promulgated 

thereunder. Third-party certifiers that 

are certifying products as compliant 

with TSCA Title VI are subject to 

enforcement actions for any violations 

of TSCA Title VI or the regulations 

promulgated thereunder. 

§ 770.3 Definitions. 

For purposes of this part: 

Accreditation Body or AB means an 

organization that provides an impartial 

verification of the competency of 

conformity assessment bodies such as 

TPCs. 

Composite wood product means 

hardwood plywood, medium-density 

fiberboard, and particleboard. 

EPA Recognized Laboratory 

Accreditation Body or EPA Recognized 

Laboratory AB means a Laboratory AB 

that has a recognition agreement with 

EPA under the TSCA Title VI ThirdParty Certification Program. 

EPA Recognized Product 

Accreditation Body or EPA Recognized 

Product AB means a Product AB that 

has a recognition agreement with EPA 

under the TSCA Title VI Third-Party 

Certification Program. 

Laboratory Accreditation Body or 

Laboratory AB means an accreditation 

body that accredits laboratories to ISO/ 

IEC 17025:2005(E) (incorporated by 

reference, see § 770.99). 

Panel producer means a 

manufacturing plant or other facility 

that manufactures (excluding imports) 

hardwood plywood, particle board, or 

medium density fiberboard. 

Product Accreditation Body or 

Product AB means an accreditation 

body that accredits conformity 

assessment bodies to ISO/IEC Guide 

65:1996(E) (incorporated by reference, 

see § 770.99) and ISO/IEC 17020:1998(E) 

(incorporated by reference, see 

§ 770.99). 

TSCA Title VI Accredited Third-Party 

Certifier or TSCA Title VI Accredited 

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TPC means an organization or entity 

that is accredited by an EPA recognized 

Product AB and an EPA recognized 

Laboratory AB pursuant to § 770.7(c)(1). 

Subpart B—TSCA Title VI Third-Party 

Certification Program 

§ 770.7 Third-party certification. 

(a) Product ABs—(1) Qualifications. 

To apply to be recognized by EPA as a 

Product AB, a candidate Product AB 

must: 

(i) Be a signatory to the International 

Accreditation Forum, Inc.’s (IAF) 

Multilateral Recognition Arrangement 

(MLA) through level 3, or an equivalent 

organization. 

(ii) Be in conformance with ISO/IEC 

17011:2004(E) (incorporated by 

reference, see § 770.99) and maintain 

that conformity. 

(iii) Demonstrate basic competence to 

perform accreditation activities for 

product certification according to ISO/ 

IEC Guide 65:1996(E) (incorporated by 

reference, see § 770.99). 

(iv) Demonstrate competence to 

perform accreditation activities for 

inspection certification according to 

ISO/IEC 17020:1998(E) (incorporated by 

reference, see § 770.99). 

(2) Recognition. To be recognized by 

EPA, a Product AB must apply to EPA 

by fulfilling the requirements in the 

paragraphs (a)(2)(i) through (ii) of this 

section: 

(i) Submitting an application to the 

EPA with the following information: 

(A) Name, address, telephone number, 

and email address of primary contact. 

(B) Documentation of its IAF MLA 

signatory status, or equivalent. 

(C) If not a domestic entity, name and 

address of an agent for service located 

in the United States. Service on this 

agent constitutes service on the AB or 

any of its officers or employees for any 

action by EPA or otherwise by the 

United States related to the 

requirements of this subpart. 

(D) Description of any other 

qualifications related to its experience 

in performing product accreditation of 

conformity assessment bodies or TPCs 

of manufactured products. 

(ii) Entering into a recognition 

agreement with EPA that describes the 

Product AB’s responsibilities under this 

subpart. 

(A) Each recognition agreement will 

be valid for 3 years. 

(B) To renew a recognition agreement 

for additional 3 year periods, the 

Product AB must submit an application 

for renewal (before the 3 year period of 

the recognition agreement lapses) that 

indicates any changes from the Product 

AB’s initial application. 

(C) If a Product AB fails to submit an 

application for renewal prior to the 

expiration of the previous recognition 

agreement, its recognition will lapse and 

the Product AB may not provide TSCA 

Title VI accreditation services. 

(D) If the Product AB does submit an 

application for renewal prior to the 

expiration of the previous recognition 

agreement, it may continue to provide 

TSCA Title VI accreditation services 

under the terms of its previous 

recognition agreement until EPA has 

taken action on its application for 

renewal of the recognition agreement. 

(3) Responsibilities. EPA recognized 

Product ABs must fulfill the 

requirements in paragraphs (a)(3)(i) 

through (xiv) of this section: 

(i) Receive and act on applications for 

accreditation from TPCs. 

(ii) Assign a unique number to each 

accredited TPC. 

(iii) Forward a copy of a TPC’s 

application for TSCA Title VI 

accreditation to EPA at the address 

identified in the recognition agreement 

within 90 days of the date of receipt. 

(iv) Perform an in-depth systems 

audit, as described in this unit, on each 

TPC applicant who submits a complete 

application at the time of initial 

application. The systems audit must 

include the components described in 

paragraphs (a)(3)(iv)(A) through (F) of 

this section: 

(A) An on-site assessment by the 

Product AB to determine whether the 

TPC applicant’s program requirements 

are consistent with ISO/IEC Guide 

65:1996(E) and ISO/IEC 17020:1998(E) 

(incorporated by reference, see 

§ 770.99). The Product AB must develop 

a checklist that lists all of the key 

conformity elements of ISO/IEC Guide 

65:1996(E) and ISO/IEC 17020:1998(E) 

(incorporated by reference, see § 770.99) 

and the Product ABs must use the 

checklist for each on-site assessment. 

(B) A review of the approach that the 

TPC applicant will use to verify the 

accuracy of the formaldehyde emissions 

tests conducted by the TPC laboratory or 

contract laboratory and the 

formaldehyde quality control tests 

conducted by the panel producers 

producing composite wood products 

that are subject to the requirements of 

TSCA Title VI. 

(C) A review of the approach that the 

TPC applicant will use for evaluating a 

panel producer’s quality assurance and 

quality control processes, the 

qualifications of the panel producer’s 

quality assurance and quality control 

personnel, the required elements of a 

panel producer’s quality assurance and 

quality control manual, and sufficiency 

of on-site testing facilities as applicable. 

(D) A review of the approach that the 

TPC applicant’s laboratory will use for 

establishing correlation or equivalence 

between alternative formaldehyde test 

methods and ASTM E1333–10 

(incorporated by reference, see 

§ 770.99). 

(E) A review of the approach that the 

TPC applicant will use for evaluating 

the process for sample selection, 

handling, and shipping procedures, if 

applicable, that the panel producer will 

use for quality control testing. 

(F) A review of the accreditation 

credentials of the laboratory that the 

TPC applicant will use. The review 

must ensure that the laboratory has been 

accredited to ISO/IEC 17025:2005(E) 

(incorporated by reference, see § 770.99) 

by a Laboratory AB that is a signatory 

to the ILAC MRA or equivalent. 

(v) Upon request, allow EPA 

representatives to accompany its 

assessors during an on-site assessment 

to observe the audit of a TPC. 

(vi) Accredit TPCs that submit a 

complete application as described in 

§ 770.7(c)(1)(i) and that meet the 

requirements of § 770.7(c). 

(vii) Conduct a follow-up systems 

audit, including an on-site assessment, 

of each TPC that the AB has accredited 

at least every 2 years. 

(viii) Suspend, modify, or revoke the 

accreditation of a TPC in accordance 

with § 770.7(e). 

(ix) Provide written notifications to 

EPA at the address identified in the 

recognition agreement, as follows: 

(A) Notification of loss of its status as 

a signatory to the IAF MLA (or 

membership in an equivalent 

organization) must be provided to EPA 

within 5 business days of the date that 

the body receives notification of the loss 

of its signatory status. 

(B) Notification of the TSCA Title VI 

accreditation of a TPC must be provided 

to EPA within 5 business days of the 

date that the TPC is accredited. 

(C) Notification that an accredited 

TPC has failed to comply with any 

provision of this section must be 

provided to EPA within 24 hours of the 

time the Product AB identifies the 

failure. 

(D) Notification of suspension or 

revocation of a TPC’s accreditation must 

be provided to EPA within 24 hours of 

the time that the suspension or 

revocation takes effect. 

(E) Notification of a decision to make 

changes in its organizational policies or 

management structure that could 

adversely affect the TPC accreditation 

program must be provided to EPA 

within 30 days of the decision to make 

the changes. 

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(x) If the Product AB is removed or 

withdraws from the TSCA Title VI 

Third-Party Certification Program, 

notification must be given to all of the 

TPCs that receive its accreditation 

services within 5 business days. 

(xi) Maintain the checklists and other 

records documenting compliance with 

the requirements for systems audits and 

on-site assessments of TPCs for 3 years. 

These records must be in electronic 

form, and the Product AB must provide 

them to EPA within 30 days upon 

request. 

(xii) Provide a report to EPA at least 

once each year (12 months from the 

anniversary of the date of the 

recognition agreement), that includes 

the number and locations of systems 

audits and on-site assessments 

performed. 

(xiii) Meet with EPA at least once 

every 2 years to discuss the 

implementation of the TPC 

accreditation program. 

(xiv) Allow inspections by EPA, 

conducted at reasonable times, within 

reasonable limits, and in a reasonable 

manner, upon the presentation of 

appropriate credentials and a written 

notification to the Product AB. 

(b) Laboratory ABs—(1) 

Qualifications. To apply to be 

recognized by EPA as a Laboratory AB, 

a candidate Laboratory AB must: 

(i) Be a signatory to the ILAC MRA, 

or an equivalent organization. 

(ii) Be in conformance with ISO/IEC 

17011:2004(E) (incorporated by 

reference. see § 770.99) and maintain 

that conformity. 

(iii) Demonstrate competence to 

perform accreditation activities for 

laboratory accreditation according to 

ISO/IEC 17025:2005(E) (incorporated by 

reference, see § 770.99). 

(2) Recognition. To be recognized by 

EPA, a Laboratory AB must apply to 

EPA by fulfilling the requirements in 

paragraphs (b)(2)(i) through (ii) of this 

section: 

(i) Submit an application to the EPA 

with the information listed in 

paragraphs (b)(2)(i)(A) through (D) of 

this section (if the accreditation body is 

also applying to be recognized as a 

Product AB, this application may be 

submitted in conjunction with the 

Product AB application): 

(A) Name, address, telephone number, 

and email address of primary contact. 

(B) Documentation of ILAC MRA 

signatory status, or equivalent. 

(C) If not a domestic entity, name and 

address of an agent for service located 

in the United States. Service on this 

agent constitutes service on the AB or 

any of its officers or employees for any 

action by EPA or otherwise by the 

United States related to the 

requirements of this subpart. 

(D) Description of any other 

qualifications related to the Laboratory 

AB’s experience in performing 

laboratory accreditation and inspection 

certification of conformity assessment 

bodies or TPCs. 

(ii) Enter into a recognition agreement 

with EPA that describes the Laboratory 

AB’s responsibilities under this subpart. 

(A) Each recognition agreement will 

be valid for 3 years. 

(B) To renew a recognition agreement 

for additional 3 year periods, the 

Laboratory AB must submit an 

application for renewal (before the 3 

year period of the recognition agreement 

lapses) that indicates any changes from 

the Laboratory AB’s initial application. 

(C) If the Laboratory AB does submit 

an application for renewal prior to the 

expiration of the previous recognition 

agreement, it may continue to provide 

TSCA Title VI accreditation services 

under the terms of its previous 

recognition agreement until EPA has 

taken action on its application for 

renewal of the recognition agreement. 

(3) Responsibilities. EPA recognized 

Laboratory ABs must fulfill the 

requirements in paragraphs (b)(3)(i) 

through (xiii) of this section: 

(i) Receive and act on applications for 

laboratory accreditation from TPC 

laboratories (including contract 

laboratories). 

(ii) Within 15 days of a request by a 

TPC or their EPA recognized Product 

AB, forward copies of a TPC’s TSCA 

Title VI laboratory application and 

accreditation documentation to the 

applicable EPA recognized Product AB 

(if the Laboratory AB is not also 

recognized as a Product AB) at the 

address identified by the TPC. 

(iii) Perform an in-depth systems 

audit on the laboratory of each TPC 

applicant who submits a complete 

application at the time of initial 

application. The systems audit must 

include: 

(A) An on-site assessment by the 

Laboratory AB to determine whether the 

TPC applicant’s laboratory is consistent 

with all regulatory requirements and 

ISO/IEC 17025:2005(E) (incorporated by 

reference, see § 770.99). 

(B) Include a checklist that lists all of 

the key conformity elements of ISO/IEC 

17025:2005(E) (incorporated by 

reference, see § 770.99) and the 

Laboratory AB’s assessors must use the 

checklist for each on-site assessment. 

(iv) Upon request, allow EPA 

representatives to accompany its 

assessors during an on-site assessment 

to observe the audit of a TPC. 

(v) Accredit laboratories that submit a 

complete application as described in 

§ 770.7(c)(1)(ii) and that continue to 

meet the requirements of § 770.7(c). 

(vi) Verify the accuracy of the 

formaldehyde emissions tests conducted 

by the TPC laboratory through an interlaboratory comparison or proficiency 

testing program if available. 

(vii) Conduct a follow-up systems 

audit at least every 2 years, including an 

on-site assessment, of each TPC 

laboratory that the accreditation body 

has accredited. TPCs’ laboratories that 

have not adequately performed an interlaboratory comparison or proficiency 

testing must be audited at least once 

each year for a period of 2 years from 

the date of the latest poor proficiency 

test or inter-laboratory comparison. 

(viii) Suspend, modify, or revoke the 

accreditation of TPCs’ laboratories in 

accordance with § 770.7(e). 

(ix) Provide the following written 

notifications to EPA and to the 

applicable EPA recognized Product AB 

(if the Laboratory AB is not also 

recognized as a Product AB) at the 

address identified in the recognition 

agreement: 

(A) Notification of loss of its status as 

a signatory to the ILAC MRA, or 

membership in an equivalent 

organization, must be provided within 5 

business days of the date that the body 

receives notice of the loss of its 

signatory status. 

(B) Notice of accreditation of a TPC’s 

laboratory must be provided within 5 

business days of the date that the 

laboratory is accredited. 

(C) Notice that an accredited 

laboratory has failed to comply with any 

provision of this section must be 

provided within 24 hours of the time 

the Laboratory AB identifies the failure. 

(D) Notice that an accredited TPC has 

failed to comply with any provision of 

this section must be provided within 24 

hours of the time the Laboratory AB 

identifies the failure. 

(E) Notice of a decision to make 

changes in its organizational policies or 

management structure that could 

adversely affect the laboratory 

accreditation program must be provided 

to EPA within 30 days of the decision 

to make the changes. 

(F) Notice if the Laboratory AB 

suspends or revokes a laboratory’s 

accreditation must be provided within 

24 hours of the time that the suspension 

or revocation takes effect. 

(x) Maintain checklists and other 

records documenting compliance with 

the requirements for systems audits and 

on-site assessments of laboratories must 

be retained for 3 years. These records 

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must be in electronic form and provided 

to EPA within 30 days of request. 

(xi) Provide a report to EPA at least 

once each year (12 months from the date 

of the recognition agreement) that 

includes the following information: 

(A) The names and contact 

information of all the TSCA Title VI 

accredited TPC laboratories. 

(B) Number and locations of systems 

audits and on-site assessments 

performed. 

(C) Results of inter-laboratory 

comparisons or proficiency testing for 

each of the AB’s TSCA Title VI 

accredited TPC laboratories, if such an 

EPA recognized inter-laboratory 

comparisons or proficiency testing 

program is available. 

(xii) Meet with EPA at least once 

every 2 years to discuss the 

implementation of the laboratory 

accreditation program. 

(xiii) Allow inspections by EPA, 

conducted at reasonable times, within 

reasonable limits, and in a reasonable 

manner, upon the presentation of 

appropriate credentials and written 

notice to the laboratory accreditation 

body. 

(c) Third-party certifiers—(1) 

Qualifications. In order to participate as 

a TPC of composite wood products 

under TSCA Title VI, a TPC must apply 

to an EPA recognized Product AB. In its 

application the TPC must demonstrate 

that it has been accredited by an EPA 

recognized Laboratory AB, unless the 

TPC is applying to an EPA recognized 

Product AB that is also an EPA 

recognized Laboratory AB and the TPC 

is seeking both accreditations from this 

single AB. In such a case, the TPC will 

obtain the required product and 

laboratory accreditations pursuant to 

ISO/IEC Guide 65:1996(E) and ISO/IEC 

17025:2005(E), respectively, from the 

EPA recognized Product AB. 

(i) To participate in the TSCA Title VI 

Third-Party Certification Program, a 

TPC must submit an application to an 

EPA recognized Product AB every 3 

years that includes the elements in 

paragraphs (c)(1)(i)(A) through (D) of 

this section: 

(A) Name, address, telephone number, 

and email address of primary contact. 

(B) If not a domestic entity, name and 

address of an agent for service located 

in the United States. Service on this 

agent constitutes service on the TPC or 

any of its officers or employees for any 

action by EPA or otherwise by the 

United States related to the 

requirements of this subpart. 

(C) Type of composite wood products 

that the applicant intends to certify if 

accredited. 

(D) Description of the TPC’s 

qualifications, including indications 

that the TPC has: 

(1) Experience or ability in product 

certification and complying with ISO/ 

IEC Guide 65:1996(E) (incorporated by 

reference, see § 770.99). 

(2) Experience in the composite wood 

product industry with the specific 

product(s) the applicant intends to 

certify. 

(3) Ability to conduct inspections and 

properly train and supervise inspectors 

pursuant to ISO/IEC 17020:1998(E) 

(incorporated by reference, see 

§ 770.99). 

(ii) To be accredited by a laboratory 

accreditation body under TSCA Title VI, 

a TPC or its laboratories must submit an 

application to an EPA recognized 

Laboratory AB every 3 years that 

includes the elements in paragraphs 

(c)(1)(ii)(A) through (C) of this section: 

(A) Name, address, telephone number, 

and email address of primary contact. 

(B) If not a domestic entity, name and 

address of an agent for service located 

in the United States. Service on this 

agent constitutes service on the TPC or 

any of its officers or employees for any 

action by EPA or otherwise by the 

United States related to the 

requirements of this subpart. 

(C) Description of the TPC’s 

laboratory’s qualifications, including 

indications that the TPC’s laboratory 

has: 

(1) Experience in performing or 

verifying formaldehyde testing on 

composite wood products. 

(2) Experience complying with ISO/ 

IEC 17025:2005(E) (incorporated by 

reference, see § 770.99). 

(3) Experience with test method 

ASTM E1333–10 (incorporated by 

reference, see § 770.99) and experience 

evaluating correlation between test 

methods. 

(2) Responsibilities. To maintain 

participation in the TPC TSCA Title VI 

program, TSCA Title VI accredited TPCs 

must fulfill the requirements in 

paragraphs (c)(2)(i) through (xvi) of this 

section: 

(i) Verify that panel producers have 

adequate quality assurance and quality 

control procedures and are complying 

with applicable quality assurance and 

quality control requirements pursuant to 

TSCA Title VI, including the 

requirements of this subpart. 

(ii) Verify quality control test results 

compared with ASTM E1333–10 

(incorporated by reference, see § 770.99) 

test results by having TPC laboratories 

conduct quarterly tests and evaluate test 

method equivalence. 

(iii) Review applications from panel 

producers for reduced testing, approve 

an application within 90 days of receipt 

if it demonstrates that the requirements 

for reduced testing under TSCA Title VI 

are met, and notify EPA of all approvals 

for reduced testing within 5 days of the 

approval, and forward copies of all 

approved applications for reduced test 

to EPA within 30 days of receipt. 

(iv) Establish quality control limits in 

consultation with panel producers and, 

if applicable, shipping quality control or 

other limits for each panel producer, 

product type, and production line. 

(v) Establish for each panel producer 

the process that will be used to 

determine if product lots are exceeding 

the applicable quality control limit. 

(vi) Inspect and audit panel producers 

and products and their records at least 

quarterly and pursuant to ISO/IEC 

17020:1998(E) (incorporated by 

reference, see § 770.99). 

(vii) Use only laboratories that have 

been accredited by an EPA recognized 

Laboratory AB and participate in an 

EPA-approved inter-laboratory 

comparison or proficiency testing 

program and ensure the results of the 

EPA-approved inter-laboratory 

comparison or proficiency testing 

program are provided to the Laboratory 

AB. 

(viii) Certify composite wood product 

types that comply with the emission 

standards of TSCA Title VI and this 

subpart, following ISO/IEC Guide 

65:1996(E) (incorporated by reference, 

see § 770.99). 

(ix) Provide its accreditation number 

to the panel producer for labeling and 

recordkeeping. 

(x) Maintain the following records, in 

electronic form, for 3 years from the 

date the record is created, and provide 

them to EPA within 30 days of the 

request: 

(A) A list of panel producers and their 

respective product types, including 

resins used, that the TPC has certified. 

(B) Results of inspections, audits, and 

emission tests conducted for and linked 

to each panel producer and product 

type. 

(C) A list of laboratories used by the 

TPC, as well as test methods, including 

test conditions and conditioning time, 

and test results. 

(D) Methods and results for 

establishing test method correlations 

and equivalence. 

(xi) Provide an annual report to its 

accreditation body or bodies (Product 

AB and Laboratory AB) and to EPA that 

contains the following: 

(A) A list of panel producers and their 

products that the TPC has certified 

during the previous year, including 

resins used and the average and range 

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34818 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Proposed Rules 

of formaldehyde emissions by panel 

producer, resin, and product type. 

(B) A list of any non-complying 

products or events by panel producers. 

(C) A list of laboratories and test 

methods used by the TPC. 

(xii) Inform its accreditation body or 

bodies (Product AB and Laboratory AB) 

within 30 days of any changes in 

personnel qualifications, procedures, or 

laboratories used by the TPC. 

(xiii) Allow inspections by EPA, 

conducted at reasonable times, within 

reasonable limits, and in a reasonable 

manner, upon the presentation of 

appropriate credentials and of a written 

notice to the TPC. 

(xiv) If not a domestic entity, the TPC 

must maintain an agent for service 

located in the United States and notify 

EPA of any changes in the name or 

address of that agent within 5 business 

days. 

(xv) Participate an inter-laboratory 

comparison or proficiency testing 

program annually, or use only contract 

laboratories that participate in such a 

program. 

(xvi) If a TPC or its laboratory loses 

its accreditation or discontinues 

participation in the program for any 

reason, it must notify EPA and all the 

panel producers it provides TSCA Title 

VI certification services to within 3 

business days. 

(d) Third-party certifiers approved by 

the California Air Resources Board. 

TPCs approved by the California Air 

Resources Board as of [date 60 days 

after date of publication of the final rule 

in the Federal Register] may certify 

composite wood products under TSCA 

Title VI until [date 1 year after date of 

publication of the final rule in the 

Federal Register] as long as they remain 

approved by the California Air 

Resources Board for that period and 

comply with all aspects of this subpart 

other than the accreditation 

requirements of paragraph (c)(1) of this 

section. In lieu of the accreditation 

number required to be provided 

according to paragraph (c)(2)(ix) of this 

section, a TPC approved by CARB 

according to this section must provide 

the panel producer with the TPC 

number issued by CARB. For a TPC 

approved by CARB according to this 

section, the annual report under 

paragraph (c)(2)(xi) of this section must 

be provided to CARB in lieu of the AB. 

After [date 1 year after date of 

publication of the final rule in the 

Federal Register], no TPC may certify 

composite wood products under TSCA 

Title VI unless the TPC is accredited in 

accordance with paragraph (c)(1) of this 

section. 

(e) Suspension, revocation, or 

modification of recognition or 

accreditation—(1) Third-party certifiers. 

EPA or an AB may suspend, revoke, or 

modify the accreditation of a TPC or a 

TPC laboratory, if the TPC or TPC 

laboratory: 

(i) Fails to comply with any 

requirement of TSCA Title VI or this 

subpart; 

(ii) Makes any false or misleading 

statements on its application, records, or 

reports; or 

(iii) Makes substantial changes to 

personnel qualifications, procedures, or 

laboratories that make the TPC or TPC 

laboratory unable to comply with any 

applicable requirements of this subpart. 

(2) ABs. EPA may suspend, revoke, or 

modify the recognition of an AB if the 

AB: 

(i) Fails to comply with the 

requirements of the applicable 

recognition agreement(s) (the 

International Accreditation Forum 

Multilateral Recognition Arrangement 

and the International Laboratory 

Accreditation Cooperation Mutual 

Recognition Agreement or 

equivalent(s)); 

(ii) Fails to comply with any 

requirement of TSCA Title VI or this 

subpart; 

(iii) Makes any false or misleading 

statements on its application, records, or 

reports; or 

(iv) Makes substantial changes to 

personnel qualifications or procedures 

that make the TPC unable to comply 

with any applicable requirements of this 

subpart. 

(3) Process for suspending, revoking, 

or modifying accreditation or 

recognition. (i) Prior to taking action to 

suspend, revoke, or modify 

accreditation or recognition, EPA or the 

accreditation body will notify the 

recognized AB or the accredited TPC or 

TPC laboratory in writing of the 

following: 

(A) The legal and factual basis for the 

proposed suspension, revocation, or 

modification. 

(B) The anticipated commencement 

date and duration of the suspension, 

revocation, or modification. 

(C) Actions, if any, which the affected 

AB or TPC or TPC laboratory may take 

to avoid suspension, revocation, or 

modification, or to receive accreditation 

in the future. 

(D) The opportunity and method for 

requesting a hearing with EPA prior to 

final suspension, revocation, or 

modification. 

(ii) If the affected AB or TPC or TPC 

laboratory requests a hearing in writing 

to EPA within 30 days of receipt of the 

notification, EPA will: 

(A) Provide the affected accreditation 

body or TPC or TPC laboratory an 

opportunity to offer written statements 

in response to EPA’s or the accreditation 

body’s assertions of the legal and factual 

basis for the proposed action. 

(B) Appoint an impartial EPA official 

as Presiding Officer to conduct the 

hearing. The Presiding Officer will: 

(1) Conduct a fair, orderly, and 

impartial hearing within 90 days of the 

request for a hearing. 

(2) Consider all relevant evidence, 

explanation, comment, and argument 

submitted. 

(3) Notify the affected AB or TPC or 

TPC laboratory in writing within 90 

days of completion of the hearing of his 

or her decision and order. Such an order 

is a final EPA action which may be 

subject to judicial review. The order 

must contain the basis, commencement 

date, and duration of the suspension, 

revocation, or modification. 

(iii) If EPA determines that the public 

health, interest, or welfare warrants 

immediate action to suspend the 

recognition of an AB or the 

accreditation of a TPC or TPC laboratory 

prior to the opportunity for a hearing, it 

will notify the affected AB, TPC, or TPC 

laboratory of its right to request a 

hearing on the immediate suspension 

within 15 days of the suspension taking 

place and the procedures for the 

conduct of such a hearing. 

(iv) Any notification, decision, or 

order issued by EPA under this section, 

any transcript or other verbatim record 

of oral testimony, and any documents 

filed by a certified individual or firm in 

a hearing under this section will be 

available to the public, except as 

otherwise provided by TSCA section 14. 

Any such hearing at which oral 

testimony is presented will be open to 

the public, except that the Presiding 

Officer may exclude the public to the 

extent necessary to allow presentation 

of information which may be entitled to 

confidential treatment under TSCA 

section 14. 

(v) EPA will maintain a publicly 

available list of accreditation bodies 

whose recognition has been suspended, 

revoked, modified, or reinstated and a 

publicly available list of TPCs and 

laboratories whose accreditation has 

been suspended, revoked, modified, or 

reinstated. 

(vi) Unless the decision and order 

issued under this paragraph (d)(3) of 

this section specify otherwise, an AB 

whose recognition has been revoked or 

a TPC or TPC laboratory whose 

accreditation has been revoked must 

reapply for recognition or accreditation 

after the revocation ends in order to 

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Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Proposed Rules 34819 

become recognized or accredited under 

this subpart again. 

(vii) Unless the decision and order 

issued under paragraph (d)(3) of this 

section specifies otherwise, an AB 

whose recognition has been revoked or 

a TPC or TPC laboratory whose 

accreditation has been revoked, must 

immediately notify all TPCs or panel 

producers to which it provides TSCA 

Title VI accreditation or certification 

services of the revocation. 

(f) Process for denying a TSCA Title 

VI accreditation—(1) Upon denying to 

accredit a TPC or a TPC laboratory for 

failure to submit a complete application, 

the accreditation body will notify the 

TPC or TPC laboratory in writing of the 

following: 

(i) The legal and factual basis for the 

denial. 

(ii) Actions, if any, which the affected 

TPC or TPC laboratory may take to 

receive accreditation in the future. 

(iii) The opportunity and method for 

requesting a hearing with EPA. 

(2) If the affected TPC or TPC 

laboratory requests a hearing in writing 

to EPA within 30 days of receipt of the 

notice, EPA will: 

(i) Provide the affected TPC or TPC 

laboratory an opportunity to offer 

written statements in response to the 

legal and factual basis for the denial. 

(ii) Appoint an impartial EPA official 

as Presiding Officer to conduct the 

hearing. The Presiding Officer will: 

(A) Conduct a fair, orderly, and 

impartial hearing within 90 days of the 

request for a hearing. 

(B) Consider all relevant evidence, 

explanation, comment, and argument 

submitted. 

(C) Notify the affected TPC or TPC 

laboratory in writing within 90 days of 

completion of the hearing of his or her 

decision and order. Such an order is a 

final agency action which may be 

subject to judicial review. The order 

must contain the basis for the denial. 

(3) Any notification, decision, or 

order issued by EPA under this section, 

any transcript or other verbatim record 

of oral testimony, and any documents 

filed by a certified individual or firm in 

a hearing under this section will be 

available to the public, except as 

otherwise provided by TSCA section 14. 

Any such hearing at which oral 

testimony is presented will be open to 

the public, except that the Presiding 

Officer may exclude the public to the 

extent necessary to allow presentation 

of information which may be entitled to 

confidential treatment under TSCA 

section 14. 

(g) Process of seeking alternate 

accreditations or certifications—(1) If 

AB is removed or withdraws from the 

TSCA Title VI Third-Party Certification 

Program: 

(i) For reasons other than fraud or 

providing false or misleading 

statements, or other than a reason that 

implicates a particular TPC in a 

violation of TSCA Title VI or its 

implementing regulations, TPCs 

accredited by that AB have 365 days, or 

180 days if less than 365 days were left 

on their 3 year accreditation period, to 

be accredited again by an alternate EPA 

recognized AB. 

(ii) Due to fraud or providing false or 

misleading statements with respect to a 

particular TPC, or for any other reason 

that implicates a particular TPC in a 

violation of TSCA Title VI or its 

implementing regulations, that TPC may 

not provide any TSCA Title VI 

certification services until it has been 

accredited by an alternate EPA 

recognized AB. 

(2) If a TPC loses its accreditation or 

discontinues participation in the 

program: 

(i) For reasons other than fraud or 

providing false or misleading 

statements, or other than a reason that 

implicates a particular panel producer 

in a violation of TSCA Title VI or its 

implementing regulations, the panel 

producers that used the TPC to certify 

their products must enlist another TPC 

to certify their products within 3 

months (90 days). During the time a 

panel producer is seeking a new TPC, it 

must continue to comply with all other 

requirements of TSCA Title VI and its 

implementing regulations, including 

quality control testing. 

(ii) Due to fraud or providing false or 

misleading statements with respect to a 

particular panel producer, or for any 

other reason that implicates a particular 

panel producer in a violation of TSCA 

Title VI or its implementing regulations, 

that panel producer may not offer 

regulated composite wood products for 

sale in the United States until its 

composite wood products have been 

recertified by another TPC. 

§ 770.9 Prohibited Acts. 

(a) Failure or refusal to comply with 

any requirement of TSCA section 601 

(15 U.S.C. 2697) or this subpart part is 

a violation of TSCA section 15 (15 

U.S.C. 2614). 

(b) Failure or refusal to establish and 

maintain records or to make available or 

permit access to or copying of records, 

as required by this subpart, is a 

violation of TSCA section 15 (15 U.S.C. 

2614). 

(c) Violators may be subject to civil 

and criminal sanctions pursuant to 

TSCA section 16 (15 U.S.C. 2615) for 

each violation. 

Subpart C—[Reserved] 

Subpart D—Incorporation by 

Reference 

§ 770.99 Incorporation by reference. 

The materials listed in this section are 

incorporated by reference into this part 

with the approval of the Director of the 

Office of the Federal Register under 5 

U.S.C. 552(a) and 1 CFR part 51. To 

enforce any edition other than that 

specified in this section, a document 

must be published in the Federal 

Register and the material must be 

available to the public. All approved 

materials are 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. In addition, 

these materials are available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030 

or go to http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. These materials may 

also be obtained from the sources listed 

in this section. 

(a) [Reserved] 

(b) ASTM material. Copies of these 

materials may be obtained from ASTM 

International, 100 Barr Harbor Dr., P.O. 

Box C700, West Conshohocken, PA 

19428–2959, or by calling (877) 909– 

ASTM, or at http://www.astm.org. 

(1) ASTM D6007–02 (Reapproved 

2008), October 1, 2008, Standard Test 

Method for Determining Formaldehyde 

Concentrations in Air from Wood 

Products Using a Small-Scale Chamber, 

IBR approved for § 770.7(a) through (c). 

(2) ASTM D5582–00 (Reapproved 

2006), October 1, 2006, Standard Test 

Method for Determining Formaldehyde 

Levels from Wood Products Using a 

Desiccator, IBR approved for § 770.7(a) 

through (c). 

(3) ASTM E1333–10 (Approved May 

1, 2010), Standard Test Method for 

Determining Formaldehyde 

Concentrations in Air and Emission 

Rates from Wood Products Using a 

Large Chamber, IBR approved for 

§ 770.7(a) through (c). 

(c) ISO material. Copies of these 

materials may be obtained from the 

International Organization for 

Standardization, 1, ch. de la Voiemstockstill on DSK4VPTVN1PROD with PROPOSALS3

34820 Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Proposed Rules 

Creuse, CP 56, CH–1211 Geneve 20, 

Switzerland, or by calling +41–22–749– 

01–11, or at http://www.iso.org. 

(1) ISO/IEC 17011:2004(E), 

Conformity Assessments—General 

Requirements for Accreditation Bodies 

Accrediting Conformity Assessment 

Bodies (First Edition) February 15, 2005, 

IBR approved for § 770.7(a) through (c). 

(2) ISO/IEC 17020:1998(E), General 

Criteria for the Operation of Various 

Types of Bodies Performing Inspections 

(First Edition), November 15, 1998, IBR 

approved for § 770.7(a) through (c). 

(3) ISO/IEC 17025:2005(E), General 

Requirements for the Competence of 

Testing and Calibration Laboratories 

(Second Edition), May 15, 2005, IBR 

approved for § 770.7(a) through (c). 

(4) ISO/IEC Guide 65:1996(E), General 

Requirements for Bodies Operating 

Product Certification Systems (First 

Edition), 1996, IBR approved for 

§ 770.7(a) through (c). 

[FR Doc. 2013–13254 Filed 6–7–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 770 

[EPA–HQ–OPPT–2012–0018; FRL–9342–3] 

RIN 2070–AJ92 

Formaldehyde Emissions Standards 

for Composite Wood Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing new 

requirements under the Formaldehyde 

Standards for Composite Wood Products 

Act, or Title VI of the Toxic Substances 

Control Act (TSCA). These proposed 

requirements are designed to implement 

the statutory formaldehyde emission 

standards for hardwood plywood, 

medium-density fiberboard, and 

particleboard sold, supplied, offered for 

sale, or manufactured (including 

imported) in the United States. As 

directed by the statute, this proposal 

includes provisions relating to, among 

other things, laminated products, 

products made with no-added 

formaldehyde resins or ultra lowemitting formaldehyde resins, testing 

requirements, product labeling, chain of 

custody documentation and other 

recordkeeping requirements, 

enforcement, and product inventory 

sell-through provisions, including a 

product stockpiling prohibition. The 

composite wood product formaldehyde 

emission standards contained in TSCA 

Title VI are identical to the emission 

standards currently in place in 

California. This regulatory proposal 

implements these emissions standards 

and is designed to ensure compliance 

with the TSCA Title VI formaldehyde 

emission standards while aligning, 

where practical, with the regulatory 

requirements in California. 

DATES: Comments must be received on 

or before August 9, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2012–0018, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave. NW., 

Washington, DC. Attention: Docket ID 

Number EPA–HQ–OPPT–2012–0018. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2012–0018. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or 

email. The regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

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. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Cindy 

Wheeler, National Program Chemicals 

Division, Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: 202–566–0484; email address: 

wheeler.cindy@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This document is directed to the 

public in general. However, this 

document may be of particular interest 

to the following entities: 

• Veneer, plywood, and engineered 

wood product manufacturing (NAICS 

code 3212). 

• Manufactured home (mobile home) 

manufacturing (NAICS code 321991). 

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