Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Proposed Rules 17963 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2022–0175 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Amend § 165.918 by revising 

entries (1) and (11) of Table 165.918 to 

read as follows: 

§ 165.918 Safety Zones; Recurring Safety 

Zones in Captain of the Port Sault Sainte 

Marie. 

* * * * * 

TABLE 165.918 

[Datum NAD 1983] 

Event Location Event date 

(1) Mackinaw Area Visitors Bureau’s Tuesday and Friday Night 

Fireworks; Mackinaw City, MI.

All U.S. navigable waters of the Straits of Mackinac within an approximate 1000-foot radius from the fireworks launch site located in position 45°46′28′′ N, 084°43′12′′ W.On or around July 4 and Tuesday 

and Friday nights between late 

May and late September. 

* * * * * * * 

(11) Mackinac Island Fourth of July 

Celebration Fireworks; Mackinac 

Island, MI.

All U.S. navigable waters of Lake Huron within an approximate 750- 

foot radius of the fireworks launch site, centered in position 

45°50′35′′N, 084°37′38′′ W and 45°50′30′′ N, 084°36′30′′ W.

On or around July 4th. 

*******

Dated: March 22, 2022. 

A.R. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port Sault Sainte Marie. 

[FR Doc. 2022–06488 Filed 3–28–22; 8:45 am] 

BILLING CODE 9110–04–P 

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. 

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: 

putt.jeffrey@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 


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1404; email address: TSCA-Hotline@

epa.gov. 

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: 

• Veneer, plywood, and engineered 

wood product manufacturing (NAICS 

code 3212). 

• Manufactured home (mobile home) 

manufacturing (NAICS code 321991). 

• Prefabricated wood building 

manufacturing (NAICS code 321992). 

• Furniture and related product 

manufacturing (NAICS code 337). 

• Furniture merchant wholesalers 

(NAICS code 42321). 

• Lumber, plywood, millwork, and 

wood panel merchant wholesalers 

(NAICS code 42331). 

• Other construction material 

merchant wholesalers (NAICS code 

423390), e.g., merchant wholesale 

distributors of manufactured homes 

(i.e., mobile homes) and/or 

prefabricated buildings. 

• Furniture stores (NAICS code 4421). 

• Building material and supplies 

dealers (NAICS code 4441). 

• Manufactured (mobile) home 

dealers (NAICS code 45393). 

• Motor home manufacturing (NAICS 

code 336213). 

• Travel trailer and camper 

manufacturing (NAICS code 336214). 

• Recreational vehicle (RV) dealers 

(NAICS code 441210). 

• Recreational vehicle merchant 

wholesalers (NAICS code 423110). 

• Engineering services (NAICS code 

541330). 

• Testing laboratories (NAICS code 

541380). 

• Administrative management and 

general management consulting services 

(NAICS code 541611). 

• All other professional, scientific, 

and technical services (NAICS code 

541990). 

• All other support services (NAICS 

code 561990). 

• Business associations (NAICS code 

813910). 

• Professional organizations (NAICS 

code 813920). 

If you have any questions regarding 

the applicability of this action, please 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

B. What is the Agency’s authority for 

taking this action? 

EPA is 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 thirdparty 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 


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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: 

• Further aligned testing 

requirements with the CARB ATCM; 

• 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 noncompliant after those composite wood 

products have been further fabricated 

into component parts or finished goods; 

• Clarified that regulated composite 

wood products and finished goods 


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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; 

• Addressed TSCA Title VI 

‘‘manufactured-by’’ date issues; and 

• 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 WoodBased 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. 


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EPA will initiate additional noticeand-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 section508@

epa.gov. 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. 


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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 inperson. In response, EPA provided its 

regulatory interpretation that TPCs and 

panel producers can conduct these 

activities remotely (see https://

www.epa.gov/coronavirus/event-unsafeconditions-geographic-area-wouldprevent-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/eventunsafe-conditions-geographic-areawould-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. 


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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/lawsregulations/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 thirdparty 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 


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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 

■ 1. The authority citation for part 770 

continues to read as follows: 

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

■ 2. In § 770.1, revise paragraphs (c)(3) 

through (5) and (8) to read as follows: 

§ 770.1 Scope and applicability. 

* * * * * 

(c) * * * 

(3) Structural plywood, as specified in 

PS 1–19, Structural Plywood 

(incorporated by reference, see 

§ 770.99). 

(4) Structural panels, as specified in 

PS 2–18, Performance Standard for 

Wood-Based Structural-Use Panels 

(incorporated by reference, see 

§ 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 

§ 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 

§ 770.99). 

* * * * * 

■ 3. In § 770.3, the definitions for 

‘‘Hardwood plywood’’ and 

‘‘Particleboard’’ are revised to read as 

follows: 

§ 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 § 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 

§ 770.99), or PS 2–18, Performance 

standard for Wood-Based Structural-Use 

Panels (incorporated by reference, see 

§ 770.99). In addition, hardwood 

plywood includes laminated products 

except as provided at § 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 § 770.99)). Particleboard 

does not include any product specified 


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in PS 2–18 (incorporated by reference, 

see § 770.99). 

* * * * * 

■ 4. In § 770.4 revise paragraph (b)(2) to 

read as follows: 

§ 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. 

* * * * * 

■ 5. Amend § 770.7 by: 

■ a. Revising paragraphs (a)(5)(i)(A), 

(c)(1)(iii), (c)(2)(v), and (c)(4)(i)(F); 

■ b. Adding paragraph (c)(4)(i)(G); and 

■ 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: 

§ 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 § 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 § 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 § 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 § 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 § 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); 

* * * * * 

■ 6. In § 770.15 revise paragraph 

(c)(1)(viii) to read as follows: 

§ 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 

§ 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). 

* * * * * 

■ 7. In § 770.17 revise paragraph (c)(2) 

to read as follows: 

§ 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. 

* * * * * 

■ 8. In § 770.18 revise paragraph (d)(2) 

to read as follows: 

§ 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. 

* * * * * 

■ 9. In § 770.20 revise paragraphs (a)(1), 

(b)(1)(iii) and (vii), and (d)(1)(iii) to read 

as follows: 

§ 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, 


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17972 Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Proposed Rules 

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 § 770.99) or ISO 12460– 

3:2020 (Gas Analysis Method) 

(incorporated by reference, see 

§ 770.99). 

* * * * * 

(vii) JIS A 1460:2021 (24-hr Desiccator 

Method) (incorporated by reference, see 

§ 770.99). 

* * * * * 

(d) * * * 

(1) * * * 

(iii) Equivalence determination. The 

ASTM D6007–14 method (incorporated 

by reference, see § 770.99) is considered 

equivalent to the ASTM E1333–14 

method (incorporated by reference, see 

§ 770.99) if the following condition is 

met: |X| + 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. 

* * * * * 

■ 10. Revise § 770.99 to read as follows: 

§ 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: fr.inspection@nara.gov, 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 § 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 

§ 770.1(c). 

(2) ASTM D5456–21e1, Standard 

Specification for Evaluation of 

Structural Composite Lumber Products, 

Approved June 2021; IBR approved for 

§ 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 § 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 §§ 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 §§ 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, Woodbased panels.—Determination of 

formaldehyde release—Part 3: Gas 

analysis method, October 2020; IBR 

approved for § 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 § 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 § 770.3. 

(2) ANSI A135.5–2012, Prefinished 

Hardboard Paneling, Approved March 

29, 2012; IBR approved for § 770.3. 

(3) ANSI A135.6–2012, Engineered 

Wood Siding, Approved June 5, 2012; 

IBR approved for § 770.3. 

(4) ANSI A135.7–2012, Engineered 

Wood Trim, Approved July 17, 2012; 

IBR approved for § 770.3. 

(5) ANSI A208.1–2016, Particleboard, 

Approved May 12, 2016; IBR approved 

for § 770.3. 

(6) ANSI A208.2–2016, Medium 

Density Fiberboard (MDF) for Interior 

Applications, Approved May 12, 2016; 

IBR approved for § 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 § 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 § 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 § 770.3. 

(2) [Reserved] 

(g) ISO. International Organization for 

Standardization, 1, ch. de la VoieCreuse, 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 § 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 §§ 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 §§ 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 §§ 7703.3; 770.7(a) through 

(c). 

(5) ISO/IEC 17065:2012(E), 

Conformity assessment—Requirements 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 60 / Tuesday, March 29, 2022 / Proposed Rules 17973 

for bodies certifying products, processes 

and services, First edition, 2012–09–15; 

IBR approved for §§ 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 § 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 

§§ 770.1(c); 770.3. 

(2) PS 2–18, Performance Standard for 

Wood-Based Structural-Use Panels, 

March 2019; IBR approved for 

§§ 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 


lotter on DSK11XQN23PROD with PROPOSALS1