Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44533 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(d); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Appendix B to Part 300 [Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry 

‘‘MN’’, ‘‘Nutting Truck & Caster Co’’, 

‘‘Faribault’’. 

[FR Doc. 2017–20348 Filed 9–22–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 770 

[EPA–HQ–OPPT–2017–0244; FRL–9966–56] 

RIN 2070–AK35 

Compliance Date Extension; 

Formaldehyde Emission Standards for 

Composite Wood Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; compliance date 

extension. 

SUMMARY: EPA is extending the 

compliance dates for the formaldehyde 

emission standards for composite wood 

products final rule issued pursuant to 

the Toxic Substances Control Act 

(TSCA) Title VI, and published in the 

Federal Register on December 12, 2016. 

EPA is extending the December 12, 

2017, manufactured-by date for 

emission standards, recordkeeping, and 

labeling provisions until December 12, 

2018; extending the December 12, 2018 

compliance date for import certification 

provisions until March 22, 2019; and 

extending the December 12, 2023, 

compliance date for provisions 

applicable to producers of laminated 

products until March 22, 2024. 

Additionally, this final rule will extend 

the transitional period during which the 

California Air Resources Board (CARB) 

Third Party Certifiers (TPC) may certify 

composite wood products under TSCA 

Title VI without an accreditation issued 

by an EPA TSCA Title VI Accreditation 

Body, so long as the TPC remains 

approved by CARB, is recognized by 

EPA, and complies with all aspects of 

the December 12, 2016 final rule until 

March 22, 2019. EPA believes that 

extension of these compliance dates and 

the transitional period for CARB TPCs 

adds needed regulatory flexibility for 

regulated entities, reduces compliance 

burdens, and helps to prevent 

disruptions to supply chains while still 

ensuring that compliant composite 

wood products enter the supply chain 

in a timely manner. 

DATES: This final rule is effective on 

October 25, 2017. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2017–0244, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Erik Winchester, National Program 

Chemicals Division, Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–6450; 

email address: winchester.erik@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

You may be affected by this final rule 

if you manufacture (including import), 

sell, supply, offer for sale, test, or work 

with the certification of hardwood 

plywood, medium-density fiberboard, 

particleboard, and/or products 

containing these composite wood 

materials in the United States. 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. 

II. Background 

A. What action is the agency taking? 

EPA shares the concerns raised by 

industry stakeholders regarding the time 

needed to comply with provisions of the 

formaldehyde emission standards for 

composite wood products final rule (81 

FR 89674, December 12, 2016) (FRL– 

9949–90), and, therefore, is extending 

several rule compliance dates. EPA also 

believes that CARB TPCs should be 

allotted the full two years granted by the 

December 12, 2016 final rule to operate 

under the transitional period as 

promulgated in § 770.7(d). 

1. Direct Final Rule and Notice of 

Proposed Rulemaking. Given that EPA 

extended the effective date of the TSCA 


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44534 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 

Title VI final rule from February 10, 

2017 until May 22, 2017, the Agency 

issued a proposed (82 FR 23735) (FRL– 

9962–85) and direct final rule (82 FR 

23769) (FRL–9962–86) on May 24, 2017 

that regulated entities should have at 

least the same amount of time to comply 

with the various regulatory timeframes 

as initially allotted in the final rule. The 

two extensions to the final rule effective 

date (82 FR 8499, January 26, 2017 

(FRL–9958–87) and 82 FR 14324, May 

24, 2017 (FRL–9960–28–OP) resulted in 

delaying the ability of regulated entities 

to begin implementation activities to 

establish certification programs, certify 

composite wood products and distribute 

those products into supply chains, such 

that compliance would be achieved by 

the required dates. The Agency solicited 

public comment on this action by 

issuing a companion Notice of Proposed 

Rulemaking (82 FR 23769) (FRL–9962– 

85) with the direct final rule in the 

event EPA received adverse public 

comment. EPA did receive nine (9) 

comments from the public on this 

action, at least one of which the Agency 

considered to be adverse in nature with 

respect to the proposed extension of 

compliance dates. The direct final 

action was withdrawn on July 6, 2017, 

as published in the Federal Register (82 

FR 31267) (FRL–9963–74). 

EPA considered all of the public 

comments submitted in response to the 

provisions outlined in the direct final 

rule and companion proposal. Due to 

the adverse comments, EPA was 

compelled to withdraw the direct final 

rule (82 FR 31267) (FRL–9963–74). The 

Agency then proceeded with the notice 

of proposed rulemaking (82 FR 23769) 

(FRL–9962–85) and is now issuing this 

final rule and a Response to Comments 

document which addresses the 

comments received. 

2. Stakeholder Feedback Since the 

December 12, 2016 Final Rule. Since 

publication of the December 12, 2016 

final rule, the Agency has engaged the 

composite wood product industry 

stakeholders, other related regulated 

entities, and the larger public through 

webinar presentations, trade group 

meetings, conference presentations, and 

teleconferences to discuss and support 

implementation of the December 12, 

2016 final rule. Through this 

stakeholder outreach, the Agency 

received both formal and informal 

feedback regarding compliance 

challenges faced by regulated entities, 

including the final rule’s compliance 

dates. In addition, the Agency received 

several unsolicited letters and general 

correspondence from composite wood 

product industry stakeholders 

requesting that the Agency amend 

specific provisions of the December 12, 

2016 final rule. Written inquiries and 

correspondence from Hooker Furniture, 

Composite Panel Association, American 

Home Furnishings Alliance (AHFA), 

and a consortium of trade associations 

including AHFA, Kitchen Cabinet 

Manufacturers, International Wood 

Products Association, Recreation 

Vehicle Industry Association, National 

Retail Foundation, and Retail Industry 

Leaders Association are included in the 

supporting documents section of the 

public docket for this action. Industry 

concerns included challenges in 

meeting the compliance dates due to the 

complexities of the domestic and 

imported composite wood product 

supply chains, import certification 

requirements, non-complying lot 

notification requirements, prohibition 

on early labeling, and laminated 

product provisions of the final rule. 

Since publication of the direct final 

action, the Agency has been contacted 

by multiple stakeholders, national trade 

associations, and other regulated 

entities who overwhelmingly confirm 

that regulated entities will require 

additional time to comply with the 

TSCA Title VI emission standards 

compliance date due to supply chain, 

global business, and factory supply 

logistics. National groups representing 

importers and importers themselves 

have noted that there will be significant 

logistical hurdles with sourcing 

compliant composite wood panels for 

fabrication of finished goods and 

component parts before the 

manufactured-by date that the Agency 

had not considered in choosing the 

proposed March 22, 2018 compliance 

date in the direct final rule. Several 

commenters suggested extending the 

compliance date for the emission 

standards, recordkeeping, and labeling 

requirements in order to allow adequate 

time for the production and integration 

of TSCA Title VI certified composite 

wood products into the domestic and 

import supply chains. The supply chain 

begins with the production of panels, 

then fabrication of component parts and 

finished goods to ultimately having 

compliant products available for sale to 

consumers. Commenters suggested 

extensions ranging from a compliance 

date of December 12, 2018 to July 22, 

2019. Commenters also noted that EPA 

had not fully understood or considered 

the logistical hurdles that regulated 

entities face to comply with the rule 

requirements. Commenters noted that 

extending the compliance date further 

than what was proposed on May 24, 

2017 (82 FR 23769), will help ensure 

that an adequate supply of certified 

composite wood products enter the 

supply chain. The earliest some 

regulated entities communicated being 

able to import TSCA Title VI compliant 

component parts and finished goods is 

approximately May 2018. One 

commenter also noted that achieving 

full compliance with all of their 

imported products as TSCA Title VI 

compliant could take until July 2019, 

given the anticipated inventory of nonTSCA Title VI certified panels and 

finished goods currently in their 

inventory and the time needed to obtain 

compliant panels to fabricate and sell 

compliant component parts and 

finished goods. 

Other commenters did not support 

any further extension of the compliance 

dates as they noted that further delay 

would be a hindrance to the health 

benefits from reduced formaldehyde 

emissions in the home environment, 

and stated that extending the 

compliance date defeated the purpose of 

establishing a compliance date in the 

final rule. Some commenters supported 

the compliance date extension as 

proposed stating that it would restore 

the December 12, 2016, final rule’s 

regulatory timeframe. A full response to 

comments received during the public 

comment period is included in the 

Response to Comments document in the 

supporting documents section of the 

public docket for this action. 

After considering the public 

comments both supportive and nonsupportive of extending the compliance 

dates, the agency believes that the 

December 12, 2018 compliance date for 

the emission standards provides a 

balanced and reasoned timeline for 

importers, distributors, and regulated 

entities to establish compliant supply 

chains and comply with the TSCA Title 

VI final rule. Additionally, the agency 

believes extending this compliance date 

reflects the Congressional intent under 

TSCA Title VI that the agency 

implement provisions to ensure 

compliance with the formaldehyde 

emission standards as soon as possible 

while enabling regulated entities to 

achieve compliance. The Agency does 

not believe that the extension provided 

for the emissions compliance date 

would result in any significant increases 

in health risk, in part because on July 

11, 2017, EPA published a direct final 

rule that allows voluntary early labeling 

of compliant composite wood products 

after August 25, 2017, which facilitates 

TSCA Title VI compliant products 

entering commerce sooner than under 

the original December 12, 2017, 

compliance date for the emission 

standards, recordkeeping, and labeling 

requirements. Moreover, CARB 


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compliant composite wood panels, 

component parts, and finished goods, 

which are subject to identical 

formaldehyde emission standards as 

TSCA Title VI, make up the majority of 

composite wood products already in the 

domestic supply chains and that will 

continue during the additional time 

provided to comply with TSCA. The 

Agency also believes that the extended 

compliance dates proposed for import 

certification, laminated products, and 

the CARB TPC transitional period are 

adequate. EPA received no adverse 

comments on these dates, which are 

being finalized as proposed. As such, 

this final rule will extend the December 

12, 2018, compliance date for import 

certification provisions until March 22, 

2019; and extend the December 12, 

2023, compliance date for provisions 

applicable to producers of laminated 

products until March 22, 2024. 

Additionally, this final action will 

extend the transitional period during 

which the CARB TPCs may certify 

composite wood products under TSCA 

Title VI without an accreditation issued 

by an EPA TSCA Title VI Accreditation 

Body so long as the TPC remains 

approved by CARB, is recognized by 

EPA, and complies with all aspects of 

the December 12, 2016, final rule until 

March 22, 2019. 

3. Final Rule. EPA is publishing this 

final rule to provide regulated entities 

with the time needed to ensure certified 

composite wood products enter the 

supply chains. EPA is extending the 

compliance dates for the December 12, 

2016, final rule by: Extending the 

December 12, 2017, date for emission 

standards, recordkeeping, and labeling 

provisions, until December 12, 2018; 

extending the December 12, 2018 date 

for import certification provisions until 

March 22, 2019; and extending the 

December 12, 2023 compliance date for 

provisions applicable to producers of 

laminated products until March 22, 

2024. Additionally, this final rule will 

extend the CARB TPC transitional 

period under § 770.7(d), which is 

currently set to end December 12, 2018, 

until March 22, 2019 to be consistent 

with the regulatory timeframe of the 

December 12, 2016 final rule. 

The Agency believes that this final 

rule balances the further extended 

compliance dates commenters noted 

would be needed, and the proposed 

compliance dates in the May 24, 2017 

(82 FR 23735), direct final rule that 

several trade groups concurred with in 

their public comments. EPA has begun 

recognizing TPCs and Accreditation 

Bodies to the TSCA Title VI program 

since the May 22, 2017, effective date of 

the December 12, 2016, final rule and 

anticipates that panel producers and 

TPCs will work together to provide 

compliant products for further 

downstream distribution and fabrication 

into component parts and finished 

goods so that those composite wood 

products will be compliant by or before 

December 12, 2018. 

As previously noted, this final rule 

establishes a compliance date of 

December 12, 2018, for the emission 

standards, recordkeeping, and labeling 

provisions. Beginning this date, all 

imported panels and component parts 

or finished goods subject to the rule 

must comply with 40 CFR part 770. 

Existing stock of non-certified panels 

manufactured in the United States or 

imported into the United States before 

the manufactured-by date may continue 

to be distributed in commerce and 

integrated further into component parts 

and finished goods until that stock is 

depleted, providing documentation is 

kept regarding the date of manufacture 

or import. Further, existing stock of 

component parts and finished goods 

that contain non-certified panels 

manufactured internationally and 

subsequently imported into the United 

States before the manufactured-by date 

may continue to be distributed into 

commerce and integrated into finished 

goods until that stock is depleted, 

providing documentation is kept 

regarding the date of manufacture or 

import. 

EPA notes that it has previously 

referred to the compliance date for the 

emission standards, recordkeeping, and 

labeling provisions as the 

‘‘manufactured-by date’’ for composite 

wood products. To clarify, the 

‘‘manufactured-by date’’ in this context 

refers to the compliance date for the 

emission standards, recordkeeping, and 

labeling provisions. Additionally, EPA 

has also described the compliance date 

for the provisions applicable 

specifically to producers of laminated 

products, finalized in this rule to be 

March 22, 2024, as the ‘‘manufacturedby date’’ for laminated products. To 

clarify, the ‘‘manufactured-by date’’ in 

this context refers to the compliance 

date for the provisions applicable 

specifically to producers of laminated 

products. 

In addition, to clarify EPA’s original 

intent regarding the compliance dates 

referenced in the December 12, 2016, 

final rule, and to better align with the 

final rule’s preamble discussion the 

Agency has amended the text preceding 

the compliance dates from ‘‘after’’ to 

‘‘beginning,’’ as proposed. EPA intends 

regulated entities to begin complying 

with the referenced rule requirements as 

of the dates listed in the final rule. EPA 

did not receive adverse comment on this 

aspect of the proposal. 

EPA is also proceeding with 

amending subparagraph § 770.15(e) to 

clarify that TPCs receive recognition 

after they apply to EPA, not after the 

conclusion of the transitional period as 

the codified text currently reads. EPA 

did not receive adverse comment on this 

aspect of the proposal. As such, the 

Agency is finalizing this amendment as 

proposed. 

Additionally, EPA is clarifying 

§ 770.2(d) to note that existing CARBapproved TPCs that enter the TSCA 

Title VI program under the reciprocity 

provisions of the final rule must be 

EPA-recognized before they may begin 

certifying products as TSCA Title VI 

compliant. EPA notes that this 

requirement is already explicitly stated 

in § 770.7(d), and that this editorial 

clarification is solely intended to 

resolve any ambiguity to be interpreted 

between the two aforementioned 

codified sections of the regulatory text. 

EPA did not receive adverse comment 

on this aspect of the proposal. 

B. What is the agency’s authority for 

taking this action? 

These regulations are established 

under authority of Section 601 of TSCA, 

15 U.S.C. 2697. 

III. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/ 

lawsregulations/laws-and-executiveorders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action has been determined to be 

a significant regulatory action under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and was submitted to 

the Office of Management and Budget 

(OMB) for review under Executive 

Orders and 13563 (76 FR 3821, January 

21, 2011) and any changes made in 

response to OMB review have been 

reflected in the docket for this action. 

B. Executive Order 13771: Reducing 

Regulation and Controlling Regulatory 

Costs 

This action is considered an 

Executive Order 13771 (82 FR 9339, 

February 3, 2017) deregulatory action. 

This action provides regulatory relief by 

extending the compliance date for 

certain provisions of the formaldehyde 

emission standards for composite wood 

products final rule. 


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C. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA because it does not create any new 

reporting or recordkeeping obligations. 

OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2070–0185 (EPA ICR Number 2446.02). 

D. 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, the 

impact of concern is any significant 

adverse economic impact on small 

entities. An agency may certify that a 

rule will not have a significant 

economic impact on a substantial 

number of small entities if the rule 

relieves regulatory burden, has no net 

burden or otherwise has a positive 

economic effect on the small entities 

subject to the rule. This rule extends, in 

response to two delays of the rule 

effective date and public comment, the 

compliance dates and transitional 

period for CARB TPCs to provide the 

time needed to achieve compliance 

post-effective date. This will reduce the 

burden on TPCs, panel producers, 

fabricators, importers, distributors, and 

retailers, because shortening of the 

compliance period by even a few 

months makes it more difficult for some 

of them to establish business 

relationships, certify product, and 

distribute certified product into 

commerce to downstream entities before 

the original compliance date. EPA 

therefore concludes that this action will 

relieve or have no net regulatory burden 

for directly regulated small entities. 

E. 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. 

F. 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. 

G. 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). This final rule will not impose 

substantial direct compliance costs on 

Indian tribal governments. 

H. 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 health or safety 

risks, such that the analysis required 

under section 5–501 of Executive Order 

13045 has the potential to influence the 

regulation. As addressed in Unit II.A., 

this action would not materially alter 

the final rule as published, and will 

allow regulated entities additional time 

to establish their supply-chain and 

certification programs under the final 

rule, post effective date. 

I. 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. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This final rule does not involve 

technical standards. As such, NTTAA 

section 12(d), 15 U.S.C. 272 note, does 

not apply to this action. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA has determined that the human 

health or environmental risk addressed 

by this action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations, as specified in Executive 

Order 12898 (59 FR 7629, February 16, 

1994). As addressed in Unit II.A., this 

action would not materially alter the 

final rule as published, and will allow 

regulated entities additional time to 

establish their supply-chain and 

certification programs under the final 

rule, post effective date. 

IV. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

U.S.C. 801 et seq., and EPA will submit 

a rule report to each House of the 

Congress and to the Comptroller General 

of the United States. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

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: August 31, 2017. 

Wendy Cleland-Hamnett, 

Acting Assistant Administrator, Office of 

Chemical Safety and Pollution Prevention. 

Therefore, 40 CFR chapter I, 

subchapter R, is amended 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. 

■ 2. Revise § 770.2 to read as follows: 

§ 770.2 Applicability and compliance 

dates. 

(a) [Reserved]. 

(b) Laboratory and Product ABs that 

wish to accredit TPCs for TSCA Title VI 

purposes may apply to EPA beginning 

May 22, 2017, to become recognized. 

Laboratory and Product ABs must be 

recognized by EPA before they begin to 

provide and at all times while providing 

TSCA Title VI accreditation services. 

(c) TPCs that are not approved by the 

California Air Resources Board (CARB) 

that wish to provide TSCA Title VI 

certification services may apply to EPA 

beginning May 22, 2017, to become 

recognized. TPCs must be recognized by 

EPA and comply with all of the 

applicable requirements of this part 

before they begin to provide and at all 

times while providing TSCA Title VI 

certification services. 

(d) Notwithstanding any other 

provision of this part, TPCs that are 

approved by CARB to certify composite 

wood products have until March 22, 

2019, to become accredited by an EPA 

TSCA Title VI AB(s) pursuant to the 

requirements of this part. During this 

two-year transition period, existing 

CARB-approved TPCs that are 

recognized by EPA and CARB TPCs 

approved during this transition period 

may carry out certification activities 

under TSCA Title VI, provided that they 

remain approved by CARB and comply 

with all aspects of this part other than 

the requirements of § 770.7(c)(1)(i) and 

(ii) and (c)(2)(iii) and (iv). After the twoVerDate Sep<11>2014 16:53 Sep 22, 2017 Jkt 241001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\25SER1.SGM 25SER1

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year transition period, CARB-approved 

TPCs may continue to certify composite 

wood products under TSCA Title VI 

provided the TPC maintains its CARB 

approval, follows the requirements 

under this part, submits to EPA 

documentation from CARB supporting 

their eligibility for reciprocity and has 

received EPA recognition as an EPA 

TSCA Title VI TPC. All TPCs that are 

certifying products as compliant with 

TSCA Title VI, both during and after the 

transition period, are subject to 

enforcement actions for any violations 

of TSCA Title VI or these regulations. 

(e) Beginning December 12, 2018, all 

manufacturers (including importers), 

fabricators, suppliers, distributors, and 

retailers of composite wood products, 

and component parts or finished goods 

containing these materials, must comply 

with this part, subject to the following: 

(1) Beginning December 12, 2018, 

laminated product producers must 

comply with the requirements of this 

part that are applicable to fabricators. 

(2) Beginning March 22, 2024, 

producers of laminated products must 

comply with the requirements of this 

part that are applicable to hardwood 

plywood panel producers (in addition to 

the requirements of this part that are 

applicable to fabricators) except as 

provided at § 770.4. 

(3) Beginning March 22, 2024, 

producers of laminated products that, as 

provided at § 770.4, are exempt from 

the definition of ‘‘hardwood plywood’’ 

must comply with the recordkeeping 

requirements in § 770.40(c) and (d) (in 

addition to the requirements of this part 

that are applicable to fabricators). 

(4) Composite wood products 

manufactured (including imported) 

before December 12, 2018 may be sold, 

supplied, offered for sale, or used to 

fabricate component parts or finished 

goods at any time. 

■ 3. In § 770.3 the term ‘‘laminated 

product producer’’ is revised to read as 

follows: 

§ 770.3 Definitions. 

* * * * * 

Laminated product producer means a 

manufacturing plant or other facility 

that manufactures (excluding facilities 

that solely import products) laminated 

products on the premises. Laminated 

product producers are fabricators and, 

beginning March 22, 2024, laminated 

product producers are also hardwood 

plywood panel producers except as 

provided at § 770.4. 

* * * * * 

■ 4. In § 770.7, paragraph (d)(1) 

introductory text is revised to read as 

follows: 

§ 770.7 Third-party certification. 

* * * * * 

(d) * * * 

(1) During transitional period. The 

transitional period is defined as the 

period beginning on December 12, 2016 

and ending on March 22, 2019. TPCs 

already approved by CARB and TPCs 

subsequently approved by CARB during 

the transitional period must apply for 

EPA recognition in accordance with 

§ 770.8 before they can certify any 

products under this part. Once 

recognized by EPA, CARB-approved 

TPCs become EPA TSCA Title VI TPCs 

and may certify composite wood 

products under TSCA Title VI until 

March 22, 2019, as long as they: 

* * * * * 

■ 5. In § 770.10, paragraph (a) is revised 

to read as follows: 

§ 770.10 Formaldehyde emission 

standards. 

(a) Except as otherwise provided in 

this part, the emission standards in this 

section apply to composite wood 

products sold, supplied, offered for sale, 

or manufactured (including imported) 

on or after December 12, 2018 in the 

United States. These emission standards 

apply regardless of whether the 

composite wood product is in the form 

of a panel, a component part, or 

incorporated into a finished good. 

* * * * * 

■ 6. In § 770.12, paragraph (a) is revised 

to read as follows: 

§ 770.12 Stockpiling. 

(a) The sale of stockpiled inventory of 

composite wood products, whether in 

the form of panels or incorporated into 

component parts or finished goods, is 

prohibited after December 12, 2018. 

* * * * * 

■ 7. In § 770.15, paragraph (a) and (e) 

are revised to read as follows: 

§ 770.15 Composite wood product 

certification. 

(a) Beginning December 12, 2018, 

only certified composite wood products, 

whether in the form of panels or 

incorporated into component parts or 

finished goods, are permitted to be sold, 

supplied, offered for sale, or 

manufactured (including imported) in 

the United States, unless the product is 

specifically exempted by this part. 

* * * * * 

(e) If a product is certified by a CARBapproved TPC that is also recognized by 

EPA, the product will also be 

considered certified under TSCA Title 

VI until March 22, 2019 after which the 

TPC needs to comply with all the 

requirements of this part as an EPA 

TSCA Title VI TPC under Section 

770.7(d) in order for the product to 

remain certified. 

* * * * * 

■ 8. In § 770.30, paragraphs (b) 

introductory text, (c), and (d) are revised 

to read as follows: 

§ 770.30 Importers, fabricators, 

distributors, and retailers. 

* * * * * 

(b) Importers must demonstrate that 

they have taken reasonable precautions 

by maintaining, for three years, bills of 

lading, invoices, or comparable 

documents that include a written 

statement from the supplier that the 

composite wood products, component 

parts, or finished goods are TSCA Title 

VI compliant or were produced before 

December 12, 2018 and by ensuring the 

following records are made available to 

EPA within 30 calendar days of request: 

* * * * * 

(c) Fabricators, distributors, and 

retailers must demonstrate that they 

have taken reasonable precautions by 

obtaining bills of lading, invoices, or 

comparable documents that include a 

written statement from the supplier that 

the composite wood products, 

component parts, or finished goods are 

TSCA Title VI compliant or that the 

composite wood products were 

produced before December 12, 2018. 

(d) Beginning March 22, 2019, 

importers of articles that are regulated 

composite wood products, or articles 

that contain regulated composite wood 

products, must comply with the import 

certification regulations for ‘‘Chemical 

Substances in Bulk and As Part of 

Mixtures and Articles,’’ as found at 19 

CFR 12.118 through 12.127. 

* * * * * 

[FR Doc. 2017–19455 Filed 9–22–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF707 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Longnose Skate in 

the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


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