[Federal Register Volume 87, Number 60 (Tuesday, March 29, 2022)]
[Proposed Rules]
[Pages 17963-17973]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06149]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0245; FRL-8452-02-OCSPP]
RIN 2070-AK94


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
update the incorporation by reference of several voluntary consensus 
standards in the Agency's formaldehyde standards for composite wood 
products regulations under the Toxic Substances Control Act (TSCA) that 
have since been updated, superseded, or withdrawn by the issuing 
organizations. In addition, EPA is proposing to address remote 
inspections for third-party certifiers (TPCs) required to conduct on-
site inspections in the event of unsafe conditions such as the on-going 
COVID-19 pandemic or other unsafe conditions such as natural disasters, 
outbreaks, political unrest, and epidemics. Finally, EPA is proposing 
certain technical corrections and conforming changes including updating 
standards within the definitions section, clarifying language as it 
relates to production, and creating greater flexibilities for the 
third-party certification process.

DATES: Comments must be received on or before April 28, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2017-0245, using the Federal eRulemaking Portal 
at https://www.regulations.gov. Follow the online instructions for 
submitting comments. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is opened to visitors only by 
appointment. The staff continues to provide remote customer service via 
email, phone, and webform. For the latest status information on EPA/DC 
services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Jeffrey Putt, Existing Chemicals Risk Management Division (Mail Code 
7404T), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number: (202) 564-3703; email address: 
<a href="/cdn-cgi/l/email-protection#ddada8a9a9f3b7b8bbbbafb8a49db8adbcf3bab2ab"><span class="__cf_email__" data-cfemail="7c0c0908085216191a1a0e19053c190c1d521b130a">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-

[[Page 17964]]

1404; email address: <a href="/cdn-cgi/l/email-protection#0e5a5d4d4f2346617a6267606b4e6b7e6f20696178"><span class="__cf_email__" data-cfemail="37636474761a7f58435b5e59527752475619505841">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    You may be affected by this proposed rule if you manufacture 
(including import), sell, supply, or offer for sale in the United 
States any of the following: Hardwood plywood, medium-density 
fiberboard, particleboard, and/or products containing these composite 
wood materials. You may also be affected by this proposed rule if you 
test or work with certification firms that certify such materials. The 
following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
    <bullet> Veneer, plywood, and engineered wood product manufacturing 
(NAICS code 3212).
    <bullet> Manufactured home (mobile home) manufacturing (NAICS code 
321991).
    <bullet> Prefabricated wood building manufacturing (NAICS code 
321992).
    <bullet> Furniture and related product manufacturing (NAICS code 
337).
    <bullet> Furniture merchant wholesalers (NAICS code 42321).
    <bullet> Lumber, plywood, millwork, and wood panel merchant 
wholesalers (NAICS code 42331).
    <bullet> Other construction material merchant wholesalers (NAICS 
code 423390), e.g., merchant wholesale distributors of manufactured 
homes (i.e., mobile homes) and/or prefabricated buildings.
    <bullet> Furniture stores (NAICS code 4421).
    <bullet> Building material and supplies dealers (NAICS code 4441).
    <bullet> Manufactured (mobile) home dealers (NAICS code 45393).
    <bullet> Motor home manufacturing (NAICS code 336213).
    <bullet> Travel trailer and camper manufacturing (NAICS code 
336214).
    <bullet> Recreational vehicle (RV) dealers (NAICS code 441210).
    <bullet> Recreational vehicle merchant wholesalers (NAICS code 
423110).
    <bullet> Engineering services (NAICS code 541330).
    <bullet> Testing laboratories (NAICS code 541380).
    <bullet> Administrative management and general management 
consulting services (NAICS code 541611).
    <bullet> All other professional, scientific, and technical services 
(NAICS code 541990).
    <bullet> All other support services (NAICS code 561990).
    <bullet> Business associations (NAICS code 813910).
    <bullet> Professional organizations (NAICS code 813920).
    If you have any questions regarding the applicability of this 
action, please consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

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

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

C. What action is the Agency taking?

    The Agency is proposing to take the following actions:
1. Update Incorporation-By-Reference (IBR) for Certain Voluntary 
Consensus Standards
    EPA is proposing to update the IBR of certain voluntary consensus 
standards in 40 CFR 770.99 to reflect the most recent editions of those 
standards issued by the relevant standards organizations. The relevant 
standards organizations updated these standards after EPA incorporated 
them in 40 CFR 770.99. The proposed rule would require regulated 
entities to adhere to the updated editions of the voluntary consensus 
standards when complying with the requirements of 40 CFR part 770. 
These amendments are further explained in Unit II.B.
2. Conform Voluntary Consensus Standards in Scope and Definitions
    As a result of the proposed list of updated standards in Unit 
II.B., EPA is proposing to update 40 CFR 770.1 and 770.3 to reflect the 
current standards that are proposed to be incorporated by reference in 
40 CFR 770.99.
3. Increase Flexibility for TPC Certification Process
    EPA is also proposing revisions at 40 CFR 770.7, subsections 
(a)(5)(i)(A), (c)(1)(iii), (c)(2)(v), and (c)(4)(i)(F). These proposed 
changes add mention of section 6.2.2 under ISO/IEC 17065:2012(E). The 
addition of section 6.2.2 under ISO/IEC 17065:2012(E) would allow TPCs 
to utilize external evaluation resources, such as contracting out 
inspections to a third party in order to complete the certification 
process in which TPCs certify that the products are TSCA Title VI 
compliant. Under ISO/IEC 17065:2012(E), the requirements for the 
certification process under section 6.2.2 are the same as section 
6.2.1, which involves an internal certification process. Adding section 
6.2.2 would give TPCs flexibility to choose to contract out inspections 
to a third party to satisfy the requirements in 40 CFR 770.7 to conduct 
inspections of composite wood products.
4. Address Remote Inspections in Limited Circumstances
    Additionally, EPA is proposing to address remote inspections for 
third-party certifiers under subsections (c)(4)(i)(G) and 
(c)(4)(viii)(A)(3) under 40 CFR 770.7, as well as 40 CFR 770.15, 
subsection (c)(1)(viii) in certain circumstances. During the COVID-19 
pandemic, EPA provided its regulatory interpretation that TPCs could 
conduct remote inspections via video teleconference to satisfy the 
requirements of 40 CFR 770.7(c)(4)(i)(F) and 770.15(c)(1)(viii) and 
allowed TPCs to work with the panel producer quality control managers 
at the time of the remote inspection to select, package, sign, and ship 
the TPC panels/samples for the quarterly test according to 40 CFR 
770.20(c). EPA is proposing to amend the part 770 regulation to reflect 
its regulatory interpretation that TPCs may conduct the required 
initial on-site inspection or quarterly inspections and sample 
collections remotely when in person, on-site inspections are 
temporarily impossible because of unsafe conditions caused by natural 
disasters, health crises, or political unrest. These amendments are 
further explained in Unit II.B.3.
5. Improve Regulatory Consistency Through Technical Corrections
    Furthermore, EPA is proposing to clarify data requirements for 
emission standards under 40 CFR 770.17(c)(2) and 770.18(d)(2). Under 
these sections, EPA proposes to add language that clarifies the 
requirements for testing data for no added formaldehyde-based resins 
and ultra-low-emitting formaldehyde resins. The clarification states 
that that for NAF based exemptions ninety percent of the three months 
of routine quality control testing data and the results of the one 
primary or secondary method test must be shown to be no higher than 
0.04 ppm. For ULEF based exemptions, the clarification states that 
ninety percent of six months of routine quality control testing data 
and the results of two quarterly primary or secondary method tests must 
be shown to be no higher than a ULEF-target value of 0.04 ppm. This 
proposal would fully align with the California Air Resource Board 
(CARB) quality control data under section 93120.3 of title 17 of the 
California Code

[[Page 17965]]

of Regulations (the Airborne Toxic Control Measure to Reduce 
Formaldehyde Emissions from Composite Wood Products rule, or the ATCM) 
(Ref. 3) to create better consistency.
    Additionally, EPA is proposing several technical corrections under 
40 CFR 770.20. Under 40 CFR 770.20(a)(1), EPA proposes to clarify the 
period in which panels must be tested after their production. This 
clarification aligns with language in 40 CFR 770.20(c)(3) and CARB 
section 93120.12 Appendix 3(d)(1) under the ATCM rule. Finally, under 
40 CFR 770.20(d)(1)(iii), EPA is proposing that equivalence 
determinations be included to align with CARB requirements under 
93120.9(a)(2)(B)(5) of the ATCM rule. These technical corrections are 
further explained in Unit II.B.

D. Why is the Agency taking this action?

    The Agency is proposing this action to adopt several voluntary 
consensus standards for incorporation by reference at 40 CFR 770.99. 
This rulemaking would update several voluntary consensus standards 
under 40 CFR 770.99 to their current editions to address outdated, 
superseded, and withdrawn standards that have been updated between 2019 
and 2021. These new updates are needed because outdated versions may 
not be used by industry and have been replaced by these new standards. 
EPA is proposing to update these voluntary consensus standards to 
reflect the current editions that could be in use by regulated entities 
and industry stakeholders in the future. EPA believes that this action 
is warranted to facilitate regulated entities using the most up to date 
voluntary consensus standards to comply with the regulation at 40 CFR 
part 770.
    EPA is also proposing to address remote inspections for third-party 
certifiers because of unsafe conditions such as the on-going COVID-19 
pandemic or other unsafe conditions such as natural disasters, 
outbreaks, political unrest, and epidemics. The proposed remote 
inspections are designed to allow inspectors flexibility to comply with 
TSCA Title VI regulations and regional emergency declarations.
    Furthermore, EPA is proposing several technical corrections to 
better align with CARB requirements. These technical corrections 
include the timing of panel testing after production, equivalency 
determinations, and the third-party certification process. Alignment 
with CARB allows EPA's TSCA Title VI program and CARB's ATCM program to 
work in tandem with one another in order to create an effective and 
efficient formaldehyde emissions regulatory system. These corrections 
also would result in less burden on industry working or seeking to work 
in either or both the California and U.S. markets.

E. What are the incremental economic impacts?

    EPA anticipates no additional costs to stakeholders associated with 
this notice of proposed rulemaking for updated standards. This is a 
routine action that updates voluntary consensus standards referenced in 
the incorporation by reference section of the regulation at 40 CFR part 
770 to address updated, superseded, and withdrawn versions of the 
referenced standards. Additionally, regulatory language added to 
address remote inspections for TPCs to conduct the required on-site 
inspections and sample collections are also expected to result in no 
additional costs as this language is intended to codify practices that 
are currently on-going due to the COVID-19 pandemic.

F. 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 (see the above ADDRESSES section for submitting comments either 
by mail or hand delivery). Clearly mark the part or all of the 
information that you claim to be CBI. For confidential 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 preparing and submitting your comments, see the commenting 
tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

A. Regulatory Overview

1. Formaldehyde Emission Standards for Composite Wood Products
    The Formaldehyde Standards for Composite Wood Products Act of 2010 
(Pub. L. 111-199) created Title VI of TSCA (15 U.S.C. 2697), 
established emission standards for formaldehyde from composite wood 
products, and directed EPA to implement and enforce a number of 
provisions covering composite wood products. On December 12, 2016, EPA 
published a final rule (2016 final rule) (Ref. 1) to reduce exposure to 
formaldehyde emissions from certain wood products produced domestically 
or imported into the United States. EPA worked with CARB to help align 
the 2016 final rule with the ATCM to the extent EPA deemed appropriate 
and practical considering TSCA Title VI. By including provisions for 
laminated products, product-testing requirements, labeling, 
recordkeeping, and import certification, the 2016 final rule requires 
that hardwood plywood, medium-density fiberboard, and particleboard 
products sold, supplied, offered for sale, imported to, or manufactured 
in the United States be in compliance with the emission standards. The 
2016 final rule also established a third-party certification program 
for laboratory testing and oversight of formaldehyde emissions from 
manufactured and/or imported composite wood products.
2. 2018 Voluntary Consensus Standards Amendment
    On February 7, 2018, EPA published a final rule (Ref. 2) to update 
several voluntary consensus standards incorporated by reference at 40 
CFR 770.99. These updates applied to emission testing methods and 
regulated composite wood product construction characteristics. Several 
of those voluntary consensus standards (i.e., technical specifications 
for products or processes developed by standard-setting bodies) were 
updated, superseded, and/or withdrawn through the normal course of 
business by these bodies to take into account new information, 
technology, and methodologies.
3. 2019 Technical Issues Amendment
    On August 21, 2019, EPA further amended 40 CFR part 770 (Ref. 4) 
(2019 final rule) to address certain technical issues. The 2019 final 
rule:
    <bullet> Further aligned testing requirements with the CARB ATCM;
    <bullet> Clarified provisions addressing non-complying lots and how 
those provisions apply to fabricators, importers, retailers, and 
distributors who are notified by panel producers that composite wood 
products they were supplied are found to be non-compliant after those 
composite wood products have been further fabricated into component 
parts or finished goods;
    <bullet> Clarified that regulated composite wood products and 
finished goods

[[Page 17966]]

containing composite wood products must be labeled at the point of 
manufacture or fabrication, and if imported, the label must be applied 
to the products as a condition of importation;
    <bullet> Addressed TSCA Title VI ``manufactured-by'' date issues; 
and
    <bullet> Updated two voluntary consensus standards that were 
incorporated by reference in 40 CFR 770.99.

B. Proposed Amendments

1. Voluntary Consensus Standards IBR Update
a. IBR Update
    EPA is proposing to update the IBR of certain voluntary consensus 
standards in 40 CFR 770.99 to reflect the most recent editions of the 
following standards assembled by the American National Standards 
Institute (ANSI), the American Society for Testing and Materials 
(ASTM), the British Standards Institute (BSI), the International 
Organization for Standardization (ISO), the Japanese International 
Standards (JIS), and the National Institute of Standards and Technology 
(NIST):
i. American National Standard for Hardwood and Decorative Plywood 
(ANSI/HPVA HP-1-2020)
    This standard was developed by the Hardwood Plywood and Veneer 
Association (HPVA) and approved through ANSI. The ANSI/HPVA standard 
details the specific requirements for all face, back, and inner ply 
grades of hardwood plywood as well as formaldehyde emission limits, 
moisture content, tolerances, sanding, and grade marking. ANSI/HPVA 
last updated this standard on August 17, 2020 (Ref. 5). EPA proposes to 
update the version of the standard incorporated by reference in 40 CFR 
770.99 from ANSI/HPVA HP-1-2016 to ANSI/HPVA HP-1-2020.
ii. Standard Specification for Establishing and Monitoring Structural 
Capacities of Prefabricated Wood I-Joists (ASTM D5055-19e1)
    This standard was issued by ASTM and identifies procedures for 
establishing, monitoring, and reevaluating structural capacities of 
prefabricated wood I-joists, such as shear, moment, and stiffness. The 
specification also provides procedures for establishing common details 
and itemizes certain design considerations specific to wood I-joists. 
The ASTM standard was last updated in January 2020 (Ref. 6). EPA 
proposes to update the version of the standard incorporated by 
reference in 40 CFR 770.99 from ASTM D5055-16 to ASTM D5055-19e1.
iii. Standard Specification for Evaluation of Structural Composite 
Lumber Products (ASTM D5456-21e1)
    This standard was issued by ASTM and describes initial 
qualification sampling, mechanical and physical tests, analysis, and 
design value assignments. The standard includes requirements for a 
quality-control program and cumulative evaluations to ensure 
maintenance of allowable design values for the product. The ASTM 
standard was last updated in June 2021 (Ref. 7). EPA proposes to update 
the version of the standard incorporated by reference in 40 CFR 770.99 
from ASTM D5456-14b to ASTM D5456-21e1.
iv. Wood-Based Panels--Determination of Formaldehyde Release--Part 3: 
Gas Analysis Method (BS EN ISO 12460-3:2020)
    This standard was approved through ISO, the European Committee for 
Standardization (CEN), and BSI and describes a procedure for 
determination of accelerated formaldehyde release from wood-based 
panels. The standard was last updated on October 31, 2020 (Ref. 8). EPA 
proposes to update the version of the standard incorporated by 
reference in 40 CFR 770.99 from BS EN ISO 12460-3:2015(E) to BS EN ISO 
12460-3:2020. EPA would replace the source for BS EN ISO 12460-3:2020 
from the European Committee for Standardization (CEN) to the British 
Standards Institution (BSI). EPA would also replace the source for BS 
EN ISO 12460-5:2015 E from CEN to BSI in 40 CFR 770.99, although there 
are no updates to the standard itself and the previous IBR approval for 
the section in which this standard appears (i.e., 40 CFR 770. 20(b)) 
would remain unchanged.
v. Wood-Based Panels--Determination of Formaldehyde Release--Part 3: 
Gas Analysis Method (ISO 12460-3:2020)
    This standard was approved through ISO and describes a procedure 
for determination of accelerated formaldehyde release from wood-based 
panels. The standard was last updated in October 2020 (Ref. 9). EPA 
proposes to include this new standard to incorporate by reference in 40 
CFR 770.99 since ISO 12460-3:2020 is identical to BS EN ISO 12460-
3:2020. To avoid potential confusion by regulated stakeholders, EPA is 
proposing to include this ISO standard as well as the BS EN ISO 12460-
3:2020 so that each manufacturer may choose which standard to use in 
each respective country.
vi. Determination of the Emission of Formaldehyde From Building 
Boards--Desiccator Method (JIS A 1460:2021)
    This standard was approved through the Japanese Industrial 
Standards and describes a method for testing formaldehyde emissions 
from construction boards by measuring the concentration of formaldehyde 
absorbed in distilled or deionized water from samples of a specified 
surface area placed in a glass desiccator for 24 hours. The JIS 
standard was last updated in February 2021 (Ref. 10). EPA proposes to 
update the version of the standard incorporated by reference in 40 CFR 
770.99 from JIS A 1460:2015(E) to JIS A 1460:2021.
vii. Structural Plywood (PS-1-19)
    This standard was issued by NIST and describes the principal types 
and grades of structural plywood, covering the wood species, veneer 
grading, adhesive bonds, panel construction and workmanship, dimensions 
and tolerances, marking, moisture content and packaging of structural 
plywood intended for construction and industrial uses. Test methods to 
determine compliance and a glossary of trade terms and definitions are 
included, as is a quality certification program involving inspection, 
sampling, and testing of products identified as complying with this 
standard by qualified testing agencies. The NIST standard was last 
updated on December 1, 2019 (Ref. 11). EPA proposes to update the 
version of the standard incorporated by reference in 40 CFR 770.99 from 
PS-1-09 to PS-1-19.
viii. Performance Standard for Wood-Based Structural-Use Panels (PS-2-
18)
    This standard was issued by NIST and covers performance 
requirements, adhesive bond performance, panel construction and 
workmanship, dimensions and tolerances, marking, and moisture content 
of structural-use panels, such as plywood, waferboard, oriented strand 
board, structural particle board, and composite panels. The standard 
includes test methods, a glossary of trade terms and definitions, and a 
quality certification program involving inspection, sampling, and 
testing of products for qualification under the standard. The NIST 
standard was last updated in March 2019 (Ref. 12). EPA proposes to 
update the version of the standard incorporated by reference in 40 CFR 
770.99 from PS-2-10 to PS-2-18.

[[Page 17967]]

    EPA will initiate additional notice-and-comment rulemaking when 
necessary to reflect any future changes to voluntary consensus 
standards incorporated by reference in 40 CFR 770.99.
b. Public Access to Voluntary Consensus Standards
i. ANSI/HPVA HP-1-2020
    Copies of this standard may be purchased from the Decorative 
Hardwoods Association (formerly known as Hardwood Plywood and Veneer 
Association (HPVA)), 42777 Trade West Dr., Sterling, VA 20166, or by 
calling (703) 435-2900, or at https://www.decorativehardwoods.org. 
Relevant sections of HPVA standards referenced in this rule are also 
available for public review in read-only format in the Decorative 
Hardwood Association Reading Room at https://www.decorativehardwoods.org/sites/default/files/2022-01/ansi-hpva-hp-1-2020.pdf only for the duration of the public comment period.
ii. ASTM D5055-19e1 and ASTM D5456-21e1
    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 https://www.astm.org. ASTM 
standards referenced in this rule are also available for public review 
in read-only format in the ASTM Reading Room at https://www.astm.org/epa.htm only for the duration of the public comment period.
iii. BS EN ISO 12460-3:2020
    Copies of these materials may be obtained from BSI, 12950 Worldgate 
Dr., Suite 800, Herndon, VA 20170, or by calling (800) 862-4977, or at 
https://www.bsigroup.com/. This British Standard Institute standard is 
an adoption of EN ISO 12460-3:2020.
iv. ISO 12460-3:2020
    Copies of these materials may be obtained from the International 
Organization for Standardization, 1, ch. de la Voie-Creuse, CP 56, CH-
1211, Geneve 20, Switzerland, or by calling +41-22-749-01-11, or at 
https://www.iso.org. ISO standards referenced in this rule are also 
available for public review in read-only format on the ANSI Standards 
Incorporated by Reference Portal at https://ibr.ansi.org/ only for the 
duration of the public comment period.
v. JIS A 1460:2021
    Copies of these materials may be obtained from the Japanese 
Industrial Standards, 1-24, Akasaka 4, Minatoku, Tokyo 107-8440, Japan, 
or by calling +81-3-3583-8000, or at https://www.jsa.or.jp.
vi. PS 1-19 and PS 2-18
    Electronic copies of these materials may be obtained from the NIST 
at no cost at: https://www.nist.gov. You may purchase printed copies of 
these materials from NIST by calling (800) 553-6847. You must have an 
order number to purchase a NIST publication. Order numbers may be 
obtained from the Public Inquiries Unit at (301) 975-NIST. Mailing 
address: Public Inquiries Unit, NIST, 100 Bureau Dr., Stop 1070, 
Gaithersburg, MD 20899-1070. In addition, you may also purchase printed 
copies of NIST publications from or from the U.S. Government Publishing 
Office (GPO) if you have a GPO stock number. GPO orders may be mailed 
to: U.S. Government Publishing Office, P.O. Box 979050, St. Louis, MO 
63197-9000, placed by telephone at (866) 512-1800 (DC Area only: (202) 
512-1800), or faxed to (202) 512-2104.
    Copies of the standards identified in section II.B. of 
SUPPLEMENTARY INFORMATION have been placed in the rulemaking docket for 
this action. Due to the public health concerns related to COVID-19, the 
EPA Docket Center (EPA/DC) and Reading Room is open by appointment 
only. Visitors must complete docket material requests in advance and 
then make an appointment to retrieve them. The staff continues to 
provide remote customer service via email, phone, and webform. For the 
latest status information on EPA/DC services and docket access, visit 
https://www.epa.gov/dockets. If you have a disability and the format of 
any material on an EPA web page interferes with your ability to access 
the information, please contact EPA's Rehabilitation Act Section 508 
(29 U.S.C. 794d) Program at https://www.epa.gov/accessibility/forms/contact-us-about-section-508-accessibility or via email at 
<a href="/cdn-cgi/l/email-protection#6e1d0b0d1a0701005b5e562e0b1e0f40090118"><span class="__cf_email__" data-cfemail="d1a2b4b2a5b8bebfe4e1e991b4a1b0ffb6bea7">[email protected]</span></a>. To enable us to respond in a manner most helpful to 
you, please indicate the nature of the accessibility issue, the web 
address of the requested material, your preferred format in which you 
want to receive the material (electronic format (ASCII, etc.), standard 
print, large print, etc.), and your contact information.
2. Technical Correction(s)
a. Conform Voluntary Consensus Standards in Scope and Definitions
    As a result of the proposed list of updated standards in section 
II.B.1. of SUPPLEMENTARY INFORMATION, EPA is updating 40 CFR 770.1 and 
770.3 to reflect the current standards that are proposed to be 
incorporated by reference in 40 CFR 770.99.
b. Submission of Petitions Seeking the Initiation of a Rulemaking for 
Additional Exemptions for Laminated Products From the Definition of the 
Term ``Hardwood Plywood''
    The proposed rule would update the address to which petitions and 
supporting materials, including any supporting materials that may 
contain CBI or other controlled unclassified information, should be 
submitted.
c. Timing of Panel Testing After Production
    EPA is proposing a clarification under 40 CFR 770.20. Under 40 CFR 
770.20(a)(1), EPA proposes to clarify the time period in which panels 
must be tested after their production. Based on feedback from CARB and 
industry, the clarifying language states that all panels must be tested 
in an unfinished condition prior to the application of a topcoat or 
finish and must occur not later than 30 calendar days after the samples 
were produced. This clarification was needed based on confusion between 
regulated entities as to when the 30-day window began. This language 
fully aligns with 40 CFR 770.20(c)(3) as well as CARB section 93120.12 
Appendix 3(d)(1) under the ATCM rule.
d. Equivalency Determinations
    Under 40 CFR 770.20(d)(1)(iii), equivalence determination 
corrections are included to address previous omissions. During the last 
voluntary consensus update in 2018 which revised the formaldehyde 
standards for composite wood products regulations, the acceptable 
intermediate and upper determinations were not included. Under 
770.20(d)(1)(iii), the ASTM D6007-14 method (incorporated by reference, 
see 40 CFR 770.99) is considered equivalent to the ASTM E1333-14 method 
(incorporated by reference, see 40 CFR 770.99) if the following 
condition is met: X + 0.88S <=C. While a lower value of 0.026 was 
included, the intermediate and upper values were inadvertently omitted. 
This proposed update includes an intermediate value of 0.038 and an 
upper value of 0.052. These proposed changes correct an omission and 
fully align with CARB requirements under section 93120.9(a)(2)(B)(5) of 
the ATCM rule.

[[Page 17968]]

e. Clarify Language for NAF and ULEF Based Exemptions
    Under 40 CFR 770.17(c)(2) and 770.18(d)(2), EPA is proposing to 
clarify data requirements for emission standards submitted by TPCs. 
Under these sections, EPA proposes to add language that clarifies the 
requirements for testing data for no-added formaldehyde-based resins 
(NAF) and ultra-low-emitting formaldehyde resins (ULEF). The 
clarification states that for NAF based exemptions ninety percent of 
the three months of routine quality control testing data and the 
results of the one primary or secondary method test must be shown to be 
no higher than 0.04 ppm. For ULEF based exemptions, the clarification 
states that ninety percent of six months of routine quality control 
testing data and the results of two quarterly primary or secondary 
method tests must be shown to be no higher than a ULEF-target value of 
0.04 ppm. This language would fully align with CARB quality control 
data under ATCM (Ref. 3) to create better consistency.
3. Remote Inspections
    During the COVID-19 global pandemic, some TPCs have been unable to 
travel to a composite wood product manufacturing panel producing 
facility to conduct the required on-site inspections and sample 
collections in-person. In response, EPA provided its regulatory 
interpretation that TPCs and panel producers can conduct these 
activities remotely (see https://www.epa.gov/coronavirus/event-unsafe-conditions-geographic-area-would-prevent-third-party-certifier-tpc for 
additional information). These remote inspections are designed to allow 
inspectors flexibility to comply with TSCA Title VI regulations and 
regional emergency declarations, without jeopardizing the inspector's 
health and wellbeing. The standard practice for a TPC providing 
certification services for composite wood panel producers remains that 
a TPC conducts in-person on-site inspections, which should resume as 
soon as possible when the unsafe conditions end.
    EPA is proposing to amend 40 CFR 770.7 and 770.15(c) by adding an 
alternative to in-person, on-site inspections and sample collection for 
quarterly testing that would allow TPCs to perform these activities 
remotely via video teleconference when it is otherwise temporarily 
impossible to do so on-site and in person because of unsafe conditions 
caused by natural disasters, health crises, or political unrest. In 
addition to carrying out initial and quarterly inspections remotely via 
video teleconference, the proposed rule would allow TPCs to work with 
the panel producer's quality control manager at the time of the remote 
inspection to select, package, sign, and ship the TPC panels/samples 
for the quarterly test according to 40 CFR 770.20(c). Under the 
proposed rule, when submitting the annual report required under 40 CFR 
770.7(c)(4)(viii)(A), TPCs would also be required to identify each 
occurrence of an inspection that was performed remotely during each 
quarter and certify that a government entity identified the existence 
of unsafe conditions such as the on-going COVID-19 pandemic or other 
unsafe conditions such as natural disasters, outbreaks, political 
unrest, and epidemics at the time of each remote inspection.
4. Third Party Certification Process
    Under 40 CFR 770.7(a)(5)(i)(A), (c)(1)(iii), (c)(2)(v), and 
(c)(4)(i)(F), section 6.2.2 under ISO/IEC 17065:2012(E) has been added. 
The addition of section 6.2.2 under ISO/IEC 17065:2012(E) would allow 
TPCs to utilize external evaluation resources, such as contracting out 
inspections to a third party, in order to complete the certification 
process. The requirements for the certification process under section 
6.2.2 are the same as section 6.2.1 under ISO/IEC 17065:2012(E) which 
involves an internal certification process conducted by the TPC. Adding 
section 6.2.2 would give TPCs flexibility to choose to contract out 
inspections to a third party to satisfy the requirements in 40 CFR 
770.7 to conduct inspections of composite wood products.

C. Rationale for Proposed Changes

1. Voluntary Consensus Standards Update
    EPA is proposing to update the incorporation by reference of 
certain voluntary consensus standards in 40 CFR 770.99 that have been 
updated, superseded, or withdrawn by the issuing organizations. These 
new standards are needed to reflect the most recent editions of those 
standards issued by the relevant standards organizations.
2. Technical Correction(s) for Regulatory Consistency
a. Submission of Petitions Seeking the Initiation of a Rulemaking for 
Additional Exemptions for Laminated Products From the Definition of the 
Term ``Hardwood Plywood''
    This proposed amendment is intended to update the address and 
protect any CBI materials which may be submitted.
b. Timing of Panel Testing After Production
    This proposed amendment is intended to reduce confusion between 
regulated entities as to when the 30-day window is to begin. The 
proposed language changes reflect conversations between CARB and EPA, 
and fully aligns with 40 CFR 770.20(c)(3) as well as CARB section 
93120.12 Appendix 3(d)(1) under the ATCM rule.
c. Equivalency Determinations
    This proposed amendment is intended to address a previous omission 
during the last rulemaking which occurred in 2018. These proposed 
changes correct an omission and fully align with CARB requirements 
under section 93120.9(a)(2)(B)(5) of the ATCM rule.
d. Emission Standards
    This proposed amendment is intended to address industry confusion 
about the exact timing and nature of the emission standards under 40 
CFR 770.17(c)(2) and 770.18(d)(2) for NAF and ULEF based exemptions. 
The proposed amendment includes additional language that clarifies the 
requirements for such an exemption and fully aligns with CARB quality 
control data under the ATCM.
3. Remote Inspections
    This proposed amendment is intended to codify an Agency regulatory 
interpretation which was provided during the start of the COVID-19 
global pandemic in early 2020 in order for inspectors to fulfill their 
obligations under TSCA Title VI regulations, while also remaining safe 
from infection (see https://www.epa.gov/coronavirus/event-unsafe-conditions-geographic-area-would-prevent-third-party-certifier-tpc for 
additional information).
4. Third-Party Certification Process
    This proposed amendment is intended to increase flexibility for 
TPCs seeking to utilize external evaluation resources, such as 
contracting out inspections to a third party in order to complete the 
certification process. Because the requirements for the certification 
process under section 6.2.2 are the same as section 6.2.1 under ISO/IEC 
17065:2012(E), which involves an internal certification process 
conducted by the TPC, EPA believes that such a proposed change should 
be made.

[[Page 17969]]

III. Request for Comments

    When necessary, EPA intends to reflect any future changes to 
voluntary consensus standards incorporated by reference in 40 CFR 
770.99 through additional notice-and-comment rulemaking. EPA is seeking 
public comment on all aspects of this proposed rule including comments 
on whether there are other standards that should be incorporated by 
reference or whether there are standards that should be removed from 
the regulations entirely. No susceptible population analysis was 
conducted for this proposed rulemaking given the routine nature of 
updating certain standards for this proposed rule. However, EPA is 
seeking public comment on ways the third-party certification process 
can be improved, either through the certification process directly or 
ways in which susceptible populations can be protected. Additionally, 
EPA is seeking public comment on the remote inspection process during 
unsafe conditions such as the on-going COVID-19 pandemic or other 
unsafe conditions such as natural disasters, outbreaks, political 
unrest, and epidemics. EPA is soliciting comment on alternative 
approaches that EPA should consider in place of reporting the 
occurrence of each remote inspection in the annual report. For example, 
EPA seeks comments on whether EPA should instead amend 40 CFR 
770.7(c)(4)(vii) record requirements to include a self-certification 
statement that a government entity identified the existence of unsafe 
conditions in the area of a composite wood product manufacturing panel 
producer that would prevent the required quarterly or initial on-site 
inspections from being conducted in person in accordance with 40 CFR 
770.7(c)(4)(i)(G) and that a given on-site inspection in such a 
scenario was conducted remotely. Finally, EPA is seeking comment on any 
of the proposed technical corrections to better align with CARB. EPA 
encourages all interested persons to submit comments on the issues 
identified in this proposed rule and to identify any other relevant 
issues as well. EPA requests that commenters making specific 
recommendations include supporting documentation where appropriate to 
facilitate the Agency's reasoned consideration of those 
recommendations.

IV. References

    The following is a list of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. EPA. Formaldehyde Emission Standards for Composite Wood Products. 
Final Rule. Federal Register. 81 FR 89674, December 12, 2016 (FRL-
9949-90).
2. EPA. Voluntary Consensus Standards Update; Formaldehyde Emission 
Standards for Composite Wood Products. Final Rule. Federal Register. 
83 FR 5340, February 7, 2018 (FRL-9972-68).
3. California Environmental Protection Agency Air Resources Board. 
Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from 
Composite Wood Products. Final Regulation Order. April 2008.
4. EPA. Technical Issues; Formaldehyde Emission Standards for 
Composite Wood Products. Final Rule. Federal Register. 84 FR 43517, 
August 21, 2019 (FRL-9994-47).
5. American National Standards Institute (ANSI)/Hardwood Plywood and 
Veneer Association (HPVA). American National Standard for Hardwood 
and Decorative Plywood, ANSI/HPVA HP-1-2020.
6. American Society for Testing and Materials (ASTM). ASTM D5055-
19e1, Establishing and Monitoring Structural Capacities of 
Prefabricated Wood I-Joists.
7. ASTM. ASTM D5456-21e1, Evaluation of Structural Composite Lumber 
Products.
8. British Standards Institute (BSI). BS EN ISO 12460-3:2020, Wood-
based Panels--Determination of Formaldehyde Release--Part 3: Gas 
Analysis Method.
9. International Organization for Standardization (ISO). ISO 12460-
3:2020, Wood-based Panels--Determination of Formaldehyde Release--
Part 3: Gas Analysis Method.
10. Japanese Industrial Standards (JIS). JIS A 1460:2021, 
Determination of the Emission of Formaldehyde from Building Boards--
Desiccator Method.
11. National Institute of Standards and Technology (NIST). PS 1-19, 
Structural Plywood.
12. NIST. PS 2-18, Performance Standard for Wood-Based Structural-
Use Panels.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

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

B. Paperwork Reduction Act (PRA)

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

C. Regulatory Flexibility Act (RFA)

    The Agency certifies that this action will not have a significant 
economic impact on a substantial number of small entities under the 
RFA, 5 U.S.C. 601 et seq. In making this determination, EPA concludes 
that the impact of concern is any significant adverse economic impact 
on small entities, and the Agency is certifying that this rule will not 
have a significant economic impact on a substantial number of small 
entities because the proposed rule would update incorporation by 
reference of voluntary consensus standards in 40 CFR part 770 by 
adopting the most current versions of those standards. The updated 
versions of the standards are substantially similar to the previous 
versions. EPA expects that many small entities are already complying 
with the updated versions of the proposed standards listed Unit II.B. 
This action would relieve these entities of the burden of having to 
also demonstrate compliance with outdated versions of these standards. 
This action also provides an amendment to the equivalence and 
correlation requirements at 40 CFR 770.20 that would reduce testing 
burdens without compromising the integrity of the data collected by 
panel producers and third-party certifiers to demonstrate compliance 
with the emission standards in the final rule. This action will reduce 
burden and allow greater flexibility for inspections of composite wood 
product producing mills. Additionally, this action provides clarifying 
language under 40 CFR 770.17 and 40 CFR 770.18 that would conform to 
current CARB language therefore easing the burden for regulated 
stakeholders in interpreting formaldehyde regulations. Finally, this 
action provides an amendment under ISO/IEC 17065:2012(E), section 6.2.2 
which allows TPCs greater flexibility in conducting inspections in 
order to satisfy the requirements in 40 CFR 770.7. EPA believes this 
added flexibility will reduce burdens for TPCs

[[Page 17970]]

during the inspection of composite wood products. These actions will 
relieve or have no net regulatory burden for directly regulated small 
entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any state, 
local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and the Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes. Thus, E.O. 13175 does not apply to this 
action.

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

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

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have a significant adverse effect on the supply, distribution 
or use of energy and has not otherwise been designated by the 
Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action.

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

    This action involves voluntary standards under NTTAA section 12(d), 
15 U.S.C. 272 note. EPA is proposing to adopt the use of ANSI/HPVA HP-
1-2020, ASTM D5055-19e1, ASTM D5456-21e1, BS EN ISO 12460-3:2020, ISO 
12460-3:2020, JIS A 1460:2021, NIST PS 1-19, and NIST PS-2-18. 
Additional information about these standards, including how to access 
them, is provided in section II.B.1 of SUPPLEMENTARY INFORMATION.
    The following standard have already been approved for the sections 
in which they appear, and no change is proposed: ANSI A208.1-2016, ISO/
IEC 17065:2012(E), ISO/IEC 17020:2012(E), ASTM D6007-14, and ASTM 
E1333-14 20(d).

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

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

List of Subjects in 40 CFR Part 770

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

    Dated: March 17, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, for the reasons set forth in the preamble, EPA proposes 
to amend 40 CFR chapter I as follows:

PART 770--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS

0
1. The authority citation for part 770 continues to read as follows:

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

0
2. In Sec.  770.1, revise paragraphs (c)(3) through (5) and (8) to read 
as follows:


Sec.  770.1   Scope and applicability.

* * * * *
    (c) * * *
    (3) Structural plywood, as specified in PS 1-19, Structural Plywood 
(incorporated by reference, see Sec.  770.99).
    (4) Structural panels, as specified in PS 2-18, Performance 
Standard for Wood-Based Structural-Use Panels (incorporated by 
reference, see Sec.  770.99).
    (5) Structural composite lumber, as specified in ASTM D5456-21e1, 
Standard Specification for Evaluation of Structural Composite Lumber 
Products (incorporated by reference, see Sec.  770.99).
* * * * *
    (8) Prefabricated wood I-joists, as specified in ASTM D5055-19e1, 
Standard Specification for Establishing and Monitoring Structural 
Capacities of Prefabricated Wood I-Joists (incorporated by reference, 
see Sec.  770.99).
* * * * *
0
3. In Sec.  770.3, the definitions for ``Hardwood plywood'' and 
``Particleboard'' are revised to read as follows:


Sec.  770.3   Definitions.

* * * * *
    Hardwood plywood means a hardwood or decorative panel that is 
intended for interior use and composed of (as determined under ANSI/
HPVA HP-1-2020 (incorporated by reference, see Sec.  770.99)) an 
assembly of layers or plies of veneer, joined by an adhesive with a 
lumber core, a particleboard core, a medium-density fiberboard core, a 
hardboard core, a veneer core, or any other special core or special 
back material. Hardwood plywood does not include military-specified 
plywood, curved plywood, or any plywood specified in PS 1-19, 
Structural Plywood (incorporated by reference, see Sec.  770.99), or PS 
2-18, Performance standard for Wood-Based Structural-Use Panels 
(incorporated by reference, see Sec.  770.99). In addition, hardwood 
plywood includes laminated products except as provided at Sec.  770.4.
* * * * *
    Particleboard means a panel composed of cellulosic material in the 
form of discrete particles (as distinguished from fibers, flakes, or 
strands) that are pressed together with resin (as determined under ANSI 
A208.1-2016 (incorporated by reference, see Sec.  770.99)). 
Particleboard does not include any product specified

[[Page 17971]]

in PS 2-18 (incorporated by reference, see Sec.  770.99).
* * * * *
0
4. In Sec.  770.4 revise paragraph (b)(2) to read as follows:


Sec.  770.4  Exemption from the hardwood plywood definition for certain 
laminated products.

* * * * *
    (b) * * *
    (2) Each petition should provide all available and relevant 
information, including studies conducted and formaldehyde emissions 
data. Submit petitions to: TSCA Confidential Business Information 
Center (7407M), WJC East; Room 6428; Attn: TSCA Title VI Program, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460-0001.
* * * * *
0
5. Amend Sec.  770.7 by:
0
a. Revising paragraphs (a)(5)(i)(A), (c)(1)(iii), (c)(2)(v), and 
(c)(4)(i)(F);
0
b. Adding paragraph (c)(4)(i)(G); and
0
c. Revising the introductory text of paragraph (c)(4)(viii)(A) and 
paragraph (c)(4)(viii)(A)(3).
    The revisions and addition read as follows:


Sec.  770.7   Third-party certification.

    (a) * * *
    (5) * * *
    (i) * * *
    (A) An on-site assessment by the EPA TSCA Title VI Product AB to 
determine whether the TPC meets the requirements of ISO/IEC 
17065:2012(E), is in conformance with ISO/IEC 17020:2012(E) as required 
under ISO/IEC 17065:2012(E) section 6.2.1 and section 6.2.2 
(incorporated by reference, see Sec.  770.99) and the EPA TSCA Title VI 
TPC requirements under this part. In performing the on-site assessment, 
the EPA TSCA Title VI Product AB must:
* * * * *
    (c) * * *
    (1) * * *
    (iii) Have the ability to conduct inspections of composite wood 
products and properly train and supervise inspectors to inspect 
composite wood products in conformance with ISO/IEC 17020:2012(E) as 
required under ISO/IEC 17065:2012(E) section 6.2.1 and section 6.2.2 
(incorporated by reference, see Sec.  770.99);
* * * * *
    (2) * * *
    (v) An affirmation of the TPC's ability to conduct inspections of 
composite wood products and properly train and supervise inspectors to 
inspect composite wood products in conformance with ISO/IEC 
17020:2012(E) as required under ISO/IEC 17065:2012(E) section 6.2.1 and 
section 6.2.2 (incorporated by reference, see Sec.  770.99);
* * * * *
    (4) * * *
    (i) * * *
    (F) Inspect each panel producer, its products, and its records at 
least quarterly in conformance with ISO/IEC 17020:2012(E) as required 
under ISO/IEC 17065:2012(E) section 6.2.1 and section 6.2.2 
(incorporated by reference, see Sec.  770.99).
    (G) In the event a government entity has identified the existence 
of unsafe conditions (e.g., natural disasters, outbreaks, political 
unrest, epidemics, and pandemics) in the area of a composite wood 
product manufacturing panel producer that would prevent the required 
quarterly inspections from being conducted in person on-site, a TPC may 
opt to perform a remote quarterly inspection in lieu of the in person 
on-site inspection. Such a remote inspection may occur only during the 
period of the unsafe conditions. For such a remote inspection during 
the period of the unsafe conditions, the TPC must conduct a remote 
quarterly inspection via live remote technology (e.g., video/
teleconference) operating as directed by the TPC to satisfy the 
requirements of paragraph (c)(4)(i)(F) of this section, and work with 
the panel producer quality control manager at that time to select, 
package, sign, and ship the TPC panels/samples for the quarterly test 
according to Sec.  770.20(c). TPCs and panel producers must remain in 
close communication with each other to ensure any changes or 
developments that might affect the panel producer or product type 
certification are managed according to the TSCA Title VI regulations. 
The standard practice for a TPC providing certification services for 
composite wood panel producers remains that a TPC conducts in person 
quarterly inspections and sample collection, packaging, signature, and 
shipping for quality control testing.
* * * * *
    (viii) * * *
    (A) The following information for each panel producer making 
composite wood products certified by the EPA TSCA Title VI TPC:
* * * * *
    (3) Dates of quarterly inspections; for any inspection(s) conducted 
remotely in accordance with paragraph (c)(4)(i)(G) of this section, the 
TPC must certify that a government entity identified the existence of 
unsafe conditions at the time of the inspection(s);
* * * * *
0
6. In Sec.  770.15 revise paragraph (c)(1)(viii) to read as follows:


Sec.  770.15   Composite wood product certification.

* * * * *
    (c) * * *
    (1) * * *
    (viii) Results of an initial, on-site inspection by the TPC of the 
panel producer. In the event a government entity has identified the 
existence of unsafe conditions as outlined in Sec.  770.7(c)(4)(i)(G) 
and in order to conduct the required initial, on-site inspection 
associated with new certification activities, the TPC may conduct a 
virtual inspection via on-site video/teleconference technology 
(operating as directed by the TPC) and that aligns with the standard 
operating procedure the TPC would normally employ during an in person 
inspection to satisfy the requirements of this paragraph (c)(1)(viii).
* * * * *
0
7. In Sec.  770.17 revise paragraph (c)(2) to read as follows:


Sec.  770.17   No-added formaldehyde-based resins.

* * * * *
    (c) * * *
    (2) Ninety percent of the three months of routine quality control 
testing data and the results of the one primary or secondary method 
test (required under paragraphs (a)(3) and (4) of this section) must be 
shown to be no higher than 0.04 ppm.
* * * * *
0
8. In Sec.  770.18 revise paragraph (d)(2) to read as follows:


Sec.  770.18   Ultra low-emitting formaldehyde resins.

* * * * *
    (d) * * *
    (2) Ninety percent of six months of routine quality control testing 
data and the results of two quarterly primary or secondary method tests 
(required under paragraphs (a)(3) and ((4) of this section) must be 
shown to be no higher than a ULEF-target value of 0.04 ppm.
* * * * *
0
9. In Sec.  770.20 revise paragraphs (a)(1), (b)(1)(iii) and (vii), and 
(d)(1)(iii) to read as follows:


Sec.  770.20   Testing requirements.

    (a) * * *
    (1) All panels must be tested in an unfinished condition, prior to 
the application of a finishing or topcoat, as soon as possible after 
their production,

[[Page 17972]]

but no later than 30 calendar days after the samples were produced.
* * * * *
    (b) * * *
    (1) * * *
    (iii) BS EN ISO 12460-3:2020 (Gas Analysis Method) (incorporated by 
reference, see Sec.  770.99) or ISO 12460-3:2020 (Gas Analysis Method) 
(incorporated by reference, see Sec.  770.99).
* * * * *
    (vii) JIS A 1460:2021 (24-hr Desiccator Method) (incorporated by 
reference, see Sec.  770.99).
* * * * *
    (d) * * *
    (1) * * *
    (iii) Equivalence determination. The ASTM D6007-14 method 
(incorporated by reference, see Sec.  770.99) is considered equivalent 
to the ASTM E1333-14 method (incorporated by reference, see Sec.  
770.99) if the following condition is met: [bond]X[bond] + 0.88S <= C.
    Where C is equal to: 0.026 for the lower range; 0.038 for the 
intermediate range; and 0.052 for the upper range.
* * * * *
0
10. Revise Sec.  770.99 to read as follows:


Sec.  770.99   Incorporation by reference.

    Certain material is incorporated by reference into this [chapter/
subchapter/part/subpart] with the approval of the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
To enforce any edition other than that specified in this section, the 
Environmental Protection Agency (EPA) must publish a document in the 
Federal Register and the material must be available to the public. All 
approved material is available for inspection at the EPA and at the 
National Archives and Records Administration (NARA). Contact EPA at: 
OPPT Docket in the Environmental Protection Agency Docket Center (EPA/
DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution 
Ave. NW, Washington, DC. The EPA/DC Public Reading Room hours of 
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number of the EPA/DC Public Reading room 
is (202) 566-1744, and the telephone number for the OPPT Docket is 
(202) 566-0280. For information on the availability of this material at 
NARA, email: <a href="/cdn-cgi/l/email-protection#7315015d1a1d00031610071a1c1d331d1201125d141c05"><span class="__cf_email__" data-cfemail="e58397cb8c8b96958086918c8a8ba58b849784cb828a93">[email protected]</span></a>, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The material may be obtained 
from the following source(s):
    (a) APA. APA--The Engineered Wood Association, 7011 S 19th Street, 
Tacoma, WA 98466-5333; (253) 565-6600; www.apawood.org.
    (1) ANSI A190.1-2017, Standard for Wood Products--Structural Glued 
Laminated Timber, Approved January 24, 2017; IBR approved for Sec.  
770.1(c).
    (2) [Reserved]
    (b) ASTM. ASTM International, 100 Barr Harbor Dr., P.O. Box C700, 
West Conshohocken, PA 19428-2959; (877) 909-ASTM; www.astm.org.
    (1) ASTM D5055-19e1, Standard Specification for Establishing and 
Monitoring Structural Capacities of Prefabricated Wood I-Joists, 
Approved January 2020; IBR approved for Sec.  770.1(c).
    (2) ASTM D5456-21e1, Standard Specification for Evaluation of 
Structural Composite Lumber Products, Approved June 2021; IBR approved 
for Sec.  770.1(c).
    (3) ASTM D5582-14, Standard Test Method for Determining 
Formaldehyde Levels from Wood Products Using a Desiccator, Approved 
August 1, 2014; IBR approved for Sec.  770.20(b).
    (4) ASTM D6007-14, Standard Test Method for Determining 
Formaldehyde Concentrations in Air from Wood Products Using a Small-
Scale Chamber, Approved October 1, 2014; IBR approved for Sec. Sec.  
770.3; 770.7(a) through (c); 770.15(c); 770.17(a); 770.18(a); 770.20(b) 
through (d).
    (5) ASTM E1333-14, Standard Test Method for Determining 
Formaldehyde Concentrations in Air and Emission Rates from Wood 
Products Using a Large Chamber, Approved October 1, 2014; IBR approved 
for Sec. Sec.  770.3; 770.7(a) through (c); 770.10(b); 770.15(c); 
770.17(a); 770.18(a); 770.20(c) and (d).
    (c) BSI. British Standards Institute, 12950 Worldgate Dr., Suite 
800, Herndon, VA 20170; (800) 862-4977; www.bsigroup.com/.
    (1) BS EN ISO 12460-3:2020, Wood-based panels.--Determination of 
formaldehyde release--Part 3: Gas analysis method, October 2020; IBR 
approved for Sec.  770.20(b).
    (2) BS EN ISO 12460-5:2015 E, Wood based panels.--Determination of 
formaldehyde release--Part 5: Extraction method (called the perforator 
method), December 2015; IBR approved for Sec.  770.20(b).
    (d) CPA. Composite Panel Association, 19465 Deerfield Avenue, Suite 
306, Leesburg, Virginia 20176; (703) 724-1128; www.compositepanel.org.
    (1) ANSI A135.4-2012, Basic Hardboard, Approved June 8, 2012; IBR 
approved for Sec.  770.3.
    (2) ANSI A135.5-2012, Prefinished Hardboard Paneling, Approved 
March 29, 2012; IBR approved for Sec.  770.3.
    (3) ANSI A135.6-2012, Engineered Wood Siding, Approved June 5, 
2012; IBR approved for Sec.  770.3.
    (4) ANSI A135.7-2012, Engineered Wood Trim, Approved July 17, 2012; 
IBR approved for Sec.  770.3.
    (5) ANSI A208.1-2016, Particleboard, Approved May 12, 2016; IBR 
approved for Sec.  770.3.
    (6) ANSI A208.2-2016, Medium Density Fiberboard (MDF) for Interior 
Applications, Approved May 12, 2016; IBR approved for Sec.  770.3.
    (e) Georgia Pacific. Georgia-Pacific Chemicals LLC, 133 Peachtree 
Street, Atlanta, GA 30303; (877) 377-2737; www.gp-dmc.com/default.aspx.
    (1) The Dynamic Microchamber computer integrated formaldehyde test 
system, User Manual, revised March 2007 (DMC 2007 User's Manual); IBR 
approved for Sec.  770.20(b).
    (2) The GP Dynamic Microchamber Computer-integrated formaldehyde 
test system, User Manual, copyright 2012 (DMC 2012 GP User's Manual); 
IBR approved for Sec.  770.20(b).
    (f) HPVA. Decorative Hardwoods Association (formerly known as 
Hardwood Plywood and Veneer Association (HPVA), 42777 Trade West Dr., 
Sterling, VA 20166; (703) 435-2900; www.decorativehardwoods.org.
    (1) ANSI/HPVA HP-1-2020, American National Standard for Hardwood 
and Decorative Plywood, Approved August 17, 2020; IBR approved for 
Sec.  770.3.
    (2) [Reserved]
    (g) ISO. International Organization for Standardization, 1, ch. de 
la Voie-Creuse, CP 56, CH-1211, Geneve 20, Switzerland; +41-22-749-01-
11; www.iso.org.
    (1) ISO 12460-3:2020, Wood-based panels.--Determination of 
formaldehyde release--Part 3: Gas analysis method, October 2020; IBR 
approved for Sec.  770.20(b).
    (2) ISO/IEC 17011:2017(E) Conformity assessments--requirements for 
accreditation bodies accrediting conformity assessments bodies (Second 
Edition), November 2017; IBR approved for Sec. Sec.  770.3; 770.7(a) 
and (b).
    (3) ISO/IEC 17020:2012(E), Conformity assessment--Requirements for 
the operation of various bodies performing inspection, Second edition, 
2012-03-01; IBR approved for Sec. Sec.  770.3; 770.7(a) through (c).
    (4) ISO/IEC 17025:2017(E) General requirements for the competence 
of testing and calibration laboratories (Third Edition), November 2017; 
IBR approved for Sec. Sec.  7703.3; 770.7(a) through (c).
    (5) ISO/IEC 17065:2012(E), Conformity assessment--Requirements

[[Page 17973]]

for bodies certifying products, processes and services, First edition, 
2012-09-15; IBR approved for Sec. Sec.  770.3; 770.7(a) and (c).
    (h) Japanese Standards Association. Japanese Industrial Standards, 
1-24, Akasaka 4, Minatoku, Tokyo 107-8440, Japan; +81-3-3583-8000; 
www.jsa.or.jp/.
    (1) JIS A 1460:2021, Determination of the emission of formaldehyde 
from building boards--Desiccator method, First English edition, 
February 2021; IBR approved for Sec.  770.20(b).
    (2) [Reserved]
    (i) NIST. National Institute of Standards and Technology, Public 
Inquiries Unit, NIST, 100 Bureau Dr., Stop 1070, Gaithersburg, MD 
20899-1070; (301) 975-NIST or (800) 553-6847; www.nist.gov.
    (1) PS 1-19, Structural Plywood, December 1, 2019; IBR approved for 
Sec. Sec.  770.1(c); 770.3.
    (2) PS 2-18, Performance Standard for Wood-Based Structural-Use 
Panels, March 2019; IBR approved for Sec. Sec.  770.1(c); 770.3.

    Note 1 to paragraph (i):  To purchase paper copies from NIST, 
call (301) 975-NIST for an order number. To purchase paper copies 
from GPO (with a stock number), mail: U.S. Government Publishing 
Office, P.O. Box 979050, St. Louis, MO 63197-9000; call: (866) 512-
1800 or (DC Area only: (202) 512-1800); fax (202) 512-2104.

[FR Doc. 2022-06149 Filed 3-28-22; 8:45 am]
BILLING CODE 6560-50-P


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