[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Rules and Regulations]
[Pages 49287-49295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23062]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0245; FRL-9962-84]
RIN 2070-AK36


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on a revision to the 
formaldehyde standards for composite wood products final rule, 
published in the Federal Register on December 12, 2016. The revision 
will update multiple voluntary consensus standards that have been 
updated, superseded, or withdrawn since publication of the notices of 
proposed rulemaking on June 10, 2013 and will amend an existing 
regulatory provision regarding the correlation of quality control test 
methods.

DATES: This final rule is effective on December 11, 2017 without 
further notice, unless EPA receives relevant adverse comment by 
November 9, 2017. If EPA receives adverse comment, the Agency will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. The incorporation by 
reference of certain publications listed in the regulations is approved 
by the Director of the Federal Register as of December 11, 2017.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2017-0245, 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

[[Page 49288]]

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: <a href="/cdn-cgi/l/email-protection#cabda3a4a9a2afb9beafb8e4afb8a3a18aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="82f5ebece1eae7f1f6e7f0ace7f0ebe9c2e7f2e3ace5edf4">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: <a href="/cdn-cgi/l/email-protection#7c282f3f3d51341308101512193c190c1d521b130a"><span class="__cf_email__" data-cfemail="8edaddcdcfa3c6e1fae2e7e0ebceebfeefa0e9e1f8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be affected by this direct final rule if you manufacture 
(including import), sell, supply, offer for sale, test, or work with 
certification firms that certify 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:
    <bullet> Veneer, plywood, and engineered wood product manufacturing 
(NAICS code 3212).
    <bullet> Manufactured home (mobile home) manufacturing (NAICS code 
321991).
    <bullet> Prefabricated wood building manufacturing (NAICS code 
321992).
    <bullet> Furniture and related product manufacturing (NAICS code 
337).
    <bullet> Furniture merchant wholesalers (NAICS code 42321).
    <bullet> Lumber, plywood, millwork, and wood panel merchant 
wholesalers (NAICS code 42331).
    <bullet> Other construction material merchant wholesalers (NAICS 
code 423390), e.g., merchant wholesale distributors of manufactured 
homes (i.e., mobile homes) and/or prefabricated buildings.
    <bullet> Furniture stores (NAICS code 4421).
    <bullet> Building material and supplies dealers (NAICS code 4441).
    <bullet> Manufactured (mobile) home dealers (NAICS code 45393).
    <bullet> Motor home manufacturing (NAICS code 336213).
    <bullet> Travel trailer and camper manufacturing (NAICS code 
336214).
    <bullet> Recreational vehicle (RV) dealers (NAICS code 441210).
    <bullet> Recreational vehicle merchant wholesalers (NAICS code 
423110).
    <bullet> Engineering services (NAICS code 541330).
    <bullet> Testing laboratories (NAICS code 541380).
    <bullet> Administrative management and general management 
consulting services (NAICS code 541611).
    <bullet> All other professional, scientific, and technical services 
(NAICS code 541990).
    <bullet> All other support services (NAICS code 561990).
    <bullet> Business associations (NAICS code 813910).
    <bullet> Professional organizations (NAICS code 813920).
    If you have any questions regarding the applicability of this 
action, please consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

II. Background

A. What action is the Agency taking?

    EPA is updating the references for multiple voluntary consensus 
standards that were incorporated by reference in the December 12, 2016 
formaldehyde emission standards for composite wood products final rule 
because they have been updated, superseded, and/or withdrawn by their 
respective organization. Table 1 in this Unit outlines only the 
voluntary consensus standards being addressed in this rulemaking and 
their respective updated versions. All other standards in the 
formaldehyde emission standards for composite wood products final rule 
will continue to be incorporated by reference as they appear in that 
final rule, and any future versions would be considered in a later 
rulemaking.

            Table 1--Voluntary Consensus Standards Comparison
------------------------------------------------------------------------
                                                        Update to be
 Current standard established         Status       promulgated effective
 by final rule  (81 FR 89674)                        December 11, 2017
------------------------------------------------------------------------
ANSI/AITC A190.1-2002 American  Updated version..  ANSI A190.1-2017
 National Standard for                              Standard for Wood
 Structural Glued Laminated                         Products--Structural
 Timber \1\.                                        Glued Laminated
                                                    Timber.\1\
ANSI A208.1-2009 American       Updated version..  ANSI A208.1-2016
 National Standard for                              American National
 Particleboard.                                     Standard for
                                                    Particleboard.
ANSI A208.2-2009 American       Updated version..  ANSI A208.2-2016
 National Standard for Medium                       American National
 Density Fiberboard for                             Standard for Medium
 Interior Applications.                             Density Fiberboard
                                                    for Interior
                                                    Applications.
ANSI-HPVA HP-1-2009 American    Updated version..  ANSI-HPVA HP-1-2016
 National Standard for                              American National
 Hardwood and Decorative                            Standard for
 Plywood.                                           Hardwood and
                                                    Decorative Plywood.
ASTM D5055-05 Standard          Updated version..  ASTM D5055-16
 Specification for                                  Standard
 Establishing and Monitoring                        Specification for
 Structural Capacities of                           Establishing and
 Prefabricated Wood I-Joists.                       Monitoring
                                                    Structural
                                                    Capacities of
                                                    Prefabricated Wood I-
                                                    Joists.
ASTM D5456-06 Standard          Updated version..  ASTM D5456-14b
 Specification for Evaluation                       Standard
 of Structural Composite                            Specification for
 Lumber Products.                                   Evaluation of
                                                    Structural Composite
                                                    Lumber Products.
ASTM D5582-00 Standard Test     Updated version..  ASTM D5582-14
 Method for Determining                             Standard Test Method
 Formaldehyde Levels from Wood                      for Determining
 Products Using a Desiccator.                       Formaldehyde Levels
                                                    from Wood Products
                                                    Using a Desiccator.
ASTM D6007-02 Standard Test     Updated version..  ASTM D6007-14
 Method for Determining                             Standard Test Method
 Formaldehyde Concentrations                        for Determining
 in Air from Wood Products                          Formaldehyde
 Using a Small-Scale Chamber.                       Concentrations in
                                                    Air from Wood
                                                    Products Using a
                                                    Small-Scale Chamber.
ASTM E1333-10 Standard Test     Updated version..  ASTM E1333-14
 Method for Determining                             Standard Test Method
 Formaldehyde Concentration in                      for Determining
 Air and Emission Rates from                        Formaldehyde
 Wood Products Using a Large                        Concentration in Air
 Chamber.                                           and Emission Rates
                                                    from Wood Products
                                                    Using a Large
                                                    Chamber.
BS EN 717-2: 1995 Wood-based    Withdrawn,         BS EN ISO 12460-
 panels--Determination of        superseded by BS   3:2015 Wood-based
 formaldehyde release--Part 2:   EN ISO 12460-      panels--Determinatio
 Formaldehyde release by the     3:2015.            n of formaldehyde
 gas analysis method.                               release. Part 3: Gas
                                                    analysis method.

[[Page 49289]]

 
BS EN 120: 1992 Wood-based      Withdrawn,         BS EN ISO 12460-
 panels. Determination of        superseded by BS   5:2015 Wood-based
 formaldehyde content--          EN ISO 12460-      panels--Determinatio
 Extraction method called the    5:2015.            n of formaldehyde
 perforator method.                                 release. Part 5:
                                                    Extraction method
                                                    (called the
                                                    perforator method).
JIS A1460:2001(E) Building      Updated version..  JIS A1460:2015
 boards-determination of                            Determination of the
 formaldehyde emission--                            emission of
 Desiccator method.                                 formaldehyde from
                                                    building boards--
                                                    Desiccator method.
PS-1-07 Structural Plywood....  Updated version..  PS-1-09 Structural
                                                    Plywood.
PS-2-04 Performance Standard    Updated version..  PS-2-10 Performance
 for Wood-Based Structural-Use                      Standard for Wood-
 Panels.                                            Based Structural-Use
                                                    Panels.
------------------------------------------------------------------------
\1\ Note that the ANSI/AITC 190.1-2002 Standard is no longer under the
  American Institute of Timber Construction purview in its 2017 version,
  and is now an APA--the Engineered Wood Association managed standard.

    EPA intends to adopt all of the updated versions of the standards 
referenced in Table 1 at this time. Any future versions or updates to 
withdrawn/superseded standards will be announced by EPA through a 
separate Federal Register document with opportunity for public comment.
    Additionally, EPA is updating the existing reference in the 
regulatory text from International Organization for Standardization 
(ISO)/International Electrotechnical Commission (IEC) 17020: 1998(E)--
Conformity assessment--Requirements for the operation of various types 
of bodies performing inspection (i.e., ISO/IEC 17020: 1998) to the 2012 
version of this standard that was previously incorporated by reference 
(i.e., ISO/IEC 17020:2012(E)). ISO/IEC 17020:2012(E) was approved for 
incorporation by reference, but not all of the existing references were 
updated to reflect the new version.
    EPA is also revising Sec.  770.20(d)(2)(i) to state that the Agency 
will allow the correlation of the tests conducted through the quality 
control methods listed in Sec.  770.20(b) to either ASTM E1333-14 or, 
upon a showing of equivalence, ASTM D6007-14 test chamber tests. The 
California Air Resources Board (CARB) under its Air Toxic Control 
Measure has approved the use of ASTM D6007-14 test chambers that have 
previously shown equivalence under Sec.  770.20(d) to an ASTM E1333-14 
test chamber to be correlated to other mill quality control method 
tests listed in Sec.  770.20(b). According to CARB staff, this is the 
commonly used method for conducting correlation between test methods 
based on the greater availability of ASTM D6007-14 test chambers. 
Several third-party certifiers, regulated entities and their 
associations expressed the importance of allowing mill quality control 
tests to be correlated to ASTM D6007 test chambers. EPA agrees that 
significant disruptions would occur, including testing and TSCA Title 
VI product certification capacity shortfalls, if the correlation of 
mill quality control tests were allowed only through the use of ASTM 
E1333-14 test chambers. Based on consultations with CARB staff, 
allowing correlation to be established through the use of ASTM D6007-14 
test chambers in addition to the ASTM E1333-14 test chambers does not 
result in a decrease in testing reliability and yields comparable 
results if the ASTM D6007 test chambers have shown equivalence to the 
ASTM E1333 test chambers. To maintain consistency with this revision, 
EPA is also updating the definition of quality control limit (QCL) to 
allow for the use of the ASTM E1333 test chamber, or, upon showing 
equivalence, the ASTM D6007 test chamber.
    1. Direct Final Rule. Following the publication of the original 
notices of proposed rulemaking (see 78 FR 34796 and 78 FR 34820) and 
subsequent promulgation of EPA's final rule addressing formaldehyde 
emission standards for composite wood products (81 FR 89674), multiple 
voluntary consensus standards that were incorporated by reference have 
been updated or withdrawn and superseded. EPA will incorporate by 
reference current versions of the voluntary consensus standards 
assembled by:
    <bullet> APA--the Engineered Wood Association,
    <bullet> Composite Panel Association (CPA),
    <bullet> American National Standards Institute (ANSI),
    <bullet> American Society for Testing and Materials (ASTM),
    <bullet> International Organization for Standardization (ISO),
    <bullet> Japanese Standards Association (JIS), and
    <bullet> National Institute of Standards and Technology (NIST) into 
the regulations at 40 CFR part 770.
    EPA is specifically updating the voluntary consensus standards in 
the formaldehyde emission standards for composite wood products final 
rule to reflect the current editions that are in-use by regulated 
entities and industry stakeholders. EPA believes that this action is 
warranted to facilitate regulated entities using the most up-to-date 
voluntary consensus standards to comply with the final rule.
    2. Proposed Rule. EPA believes that the proposed amendment is non-
controversial and does not expect to receive any relevant adverse 
comments. However, in addition to this direct final rule, elsewhere in 
this issue of the Federal Register, EPA is promulgating the amendment 
as a notice of proposed rulemaking. If EPA receives no relevant adverse 
comment, the Agency will not take further action on the proposed rule 
and the direct final rule will become effective as provided in this 
action. If EPA receives relevant adverse comment, the Agency will 
publish a timely withdrawal in the Federal Register informing the 
public that this direct final action will not take effect. EPA would 
then address all relevant adverse public comments in a response to 
comments document in a subsequent final rule, based on the proposed 
rule.

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/laws-regulations/laws-and-executive-orders.

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

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review under Executive Orders 12866 and 13563.

[[Page 49290]]

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq., 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.

D. Regulatory Flexibility Act (RFA)

    I certify 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 updates the 
voluntary consensus standards that were incorporated by reference in 
the final rule to the most current versions. 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 standards listed in Table 1. This action would relieve 
these entities of the burden of having to also demonstrate compliance 
with outdated versions of these standards. 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. 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. This final rule will not impose substantial 
direct compliance costs on Indian tribal governments. Thus, Executive 
Order 13175 does not apply to this action.

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

    This action is not subject to Executive Order 13045 because it does 
not concern an environmental health risk or safety risk. This action is 
not subject to Executive Order 13045 because it is not economically 
significant as defined in Executive Order 12866, and because EPA does 
not believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children. As addressed in 
Unit II.A., this action would not materially alter the final rule as 
published, and will update existing voluntary consensus standards 
incorporated by reference in the final rule, to their current versions.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This action involves technical standards, many of which EPA is 
directed to use by TSCA Title VI. Technical standards identified in the 
statute have been updated since publication of the original notice of 
proposed rulemaking (78 FR 34795) by the technical standard management 
bodies which antiquates the statute required versions. Pursuant to 
NTTAA section 12(d), 15 U.S.C. 272 note, EPA has reviewed the updated 
versions of the technical standards published in the final rule (81 FR 
89674) and determined them to be appropriate, and readily available for 
use by regulated entities.
    EPA is updating voluntary consensus standards originally published 
in the final rule (81 FR 89674) as issued by ASTM International, ANSI, 
APA, HPVA, NIST, BSI, and JIS. Copies of the standards referenced in 
the regulatory text have been placed in the docket for this rule. 
Additionally, each of these standards is available for inspection at 
the OPPT Docket in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA, 
West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC 
Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
of the EPA/DC Public Reading room is (202) 566-1744, and the telephone 
number for the OPPT Docket is (202) 566-0280. The following voluntary 
consensus standards are being updated:
    a. APA, CPA, and HPVA standards. Copies of these standards may be 
obtained from the specific publisher, as noted below, or from the 
American National Standards Institute, 1899 L Street NW., 11th Floor, 
Washington, DC 20036, or by calling (202) 293-8020, or at http://ansi.org. Note that ANSI/APA A190.1-2017 is published by APA--the 
Engineered Wood Association, ANSI A208.1-2016 and ANSI A208.2-2016 are 
published by the Composite Panel Association, and ANSI ANSI/HPVA-HP-1-
2016 is published by the Hardwood Plywood Veneer Association.
    1. ANSI/APA A190.1-2017, Structural Glued Laminated Timber. This 
standard describes minimum requirements for the manufacture and 
production of structural glued laminated timber, including size 
tolerances, grade combinations, lumber, adhesives, and appearance 
grades.
    2. ANSI A208.1-2016, American National Standard, Particleboard. 
This standard describes the requirements and test methods for 
dimensional tolerances, physical and mechanical properties and 
formaldehyde emissions for particleboard, along with methods of 
identifying products conforming to the standard.
    3. ANSI A208.2-2016, American National Standard, Medium Density 
Fiberboard (MDF) for Interior Applications. This standard describes the 
requirements and test methods for dimensional tolerances, physical and 
mechanical properties and formaldehyde emissions for MDF, along with 
methods of identifying products conforming to the standard.
    4. ANSI/HPVA HP-1-2016, American National Standard for Hardwood and 
Decorative Plywood. This 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.
    b. ASTM materials. Copies of these materials may be obtained from 
ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West 
Conshohocken, PA

[[Page 49291]]

19428-2959, or by calling (877) 909-ASTM, or at http://www.astm.org.
    1. ASTM E1333-14, Determining Formaldehyde Concentrations in Air 
and Emission Rates from Wood Products Using a Large Chamber. This test 
method measures the formaldehyde concentration in air and emission rate 
from wood products containing formaldehyde under conditions designed to 
simulate product use. The concentration in air and emission rate is 
determined in a large chamber under specific test conditions of 
temperature and relative humidity. The general procedures are also 
intended for testing product combinations at product-loading ratios and 
at air-exchange rates typical of the indoor environment.
    2. ASTM D6007-14, Determining Formaldehyde Concentrations in Air 
from Wood Products Using a Small-Scale Chamber. This test method 
measures the formaldehyde concentrations in air from wood products 
under defined test conditions of temperature and relative humidity. 
Results obtained from this small-scale chamber test method are intended 
to be comparable to results obtained testing larger product samples by 
the large chamber test method for wood products, Test Method E 1333.
    3. ASTM D5582-14, Determining Formaldehyde Levels from Wood 
Products Using a Dessicator. This test method describes a small scale 
procedure for measuring formaldehyde emissions potential from wood 
products. The formaldehyde level is determined by collecting airborne 
formaldehyde in a small distilled water reservoir within a closed 
desiccator. The quantity of formaldehyde is determined by a 
chromotropic acid test procedure.
    4. ASTM D5456-14b, Evaluation of Structural Composite Lumber 
Products. This specification describes initial qualification sampling, 
mechanical and physical tests, analysis, and design value assignments. 
Requirements for a quality-control program and cumulative evaluations 
are included to ensure maintenance of allowable design values for the 
product.
    5. ASTM D5055-16, Establishing and Monitoring Structural Capacities 
of Prefabricated Wood I-Joists. This specification gives 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.
    c. CEN materials. Copies of these materials are not directly 
available from the European Committee for Standardization, but from one 
of CEN's National Members, Affiliates, or Partner Standardization 
Bodies. To purchase a standard, go to CEN's Web site, http://www.cen.eu, and select ``Products'' for more detailed information.
    1. BS EN 12460-3: 2015, Wood-based Panels--Determination of 
Formaldehyde Release [Part 3: Gas Analysis Method]. This British 
Version of the European standard describes a procedure for 
determination of accelerated formaldehyde release from wood-based 
panels.
    2. BS EN 12460-5: 2015, Wood-based Panels--Determination of 
Formaldehyde Release [Part 5: Extraction Method (Called the Perforator 
Method)]. This British Version of the European standard describes an 
extraction method, known as the perforator method, for determining the 
formaldehyde content of unlaminated and uncoated wood-based panels.
    d. Japanese Industrial Standards material. Copies of JIS A 1460: 
2015, Determination of the Emission of Formaldehyde from Building 
Boards--Desiccator Method, English Version, may be obtained from 
Japanese Industrial Standards, 1-24, Akasaka 4, Minatoku, Tokyo 107-
8440, Japan, or by calling +81-3-3583-8000, or at http://www.jsa.or.jp. 
This method 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.
    e. NIST materials. Copies of these materials may be obtained from 
the National Institute of Standards and Technology (NIST) by calling 
(800) 553-6847 or from the U.S. Government Printing Office (GPO). To 
purchase a NIST publication you must have the order number. 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. If you have a GPO stock number, 
you can purchase printed copies of NIST publications from GPO. GPO 
orders may be mailed to: U.S. Government Printing 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. Additional 
information is available online at: http://www.nist.gov.
    1. PS 1-09, Structural Plywood. This standard 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.
    2. PS 2-10, Performance Standard for Wood-Based Structural-Use 
Panels. This standard 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 (OSB), 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.

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. As addressed in Unit II.A., this action would not materially 
alter the final rule as published, and will update existing voluntary 
consensus standards incorporated by reference in the final rule, to 
their current versions.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and the 
EPA will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States.

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: October 12, 2017.
E. Scott Pruitt,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I, 
subchapter

[[Page 49292]]

R, of the Code of Federal Regulations is amended as follows:

PART 770--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS

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

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


0
2. In Sec.  770.1, paragraphs (c)(3), (4), (5), (7), and (8) are 
revised to read as follows:


Sec.  770.1  Scope and applicability.

* * * * *
    (c) * * *
    (3) Structural plywood, as specified in PS 1-09, Structural Plywood 
(incorporated by reference, see Sec.  770.99).
    (4) Structural panels, as specified in PS 2-10, Performance 
Standard for Wood-Based Structural-Use Panels (incorporated by 
reference, see Sec.  770.99).
    (5) Structural composite lumber, as specified in ASTM D5456-14b, 
Standard Specification for Evaluation of Structural Composite Lumber 
Products (incorporated by reference, see Sec.  770.99).
* * * * *
    (7) Glued laminated lumber, as specified in ANSI A190.1-2017, 
Standard for Wood Products--Structural Glued Laminated Timber 
(incorporated by reference, see Sec.  770.99).
    (8) Prefabricated wood I-joists, as specified in ASTM D5055-16, 
Standard Specification for Establishing and Monitoring Structural 
Capacities of Prefabricated Wood I-Joists (incorporated by reference, 
see Sec.  770.99).
* * * * *

0
3. In Sec.  770.3:
0
a. In the terms ``EPA TSCA Title VI Product Accreditation Body or EPA 
TSCA Title VI Product AB'' and ``TPC laboratory'', remove ``1998(E)'' 
and add in its place ``2012(E)''; and
0
b. Revise the terms ``Hardboard,'' ``Hardwood plywood,'' ``Medium-
density fiberboard,'' ``Particleboard,'' and ``Quality control limit''.
    The revisions read as follows:


Sec.  770.3  Definitions.

* * * * *
    Hardboard means a composite panel composed of cellulosic fibers, 
consolidated under heat and pressure in a hot press by: A wet process; 
or a dry process that uses a phenolic resin, or a resin system in which 
there is no formaldehyde as part of the resin cross-linking structure; 
or a wet formed/dry pressed process; and that is commonly or 
commercially known, or sold, as hardboard, including any product 
conforming to one of the following ANSI standards: Basic Hardboard 
(ANSI A135.4-2012) (incorporated by reference, see Sec.  770.99), 
Prefinished Hardboard Paneling (ANSI A135.5-2012) (incorporated by 
reference, see Sec.  770.99), Engineered Wood Siding (ANSI A135.6-2012) 
(incorporated by reference, see Sec.  770.99), or Engineered Wood Trim 
(ANSI A135.7-2012) (incorporated by reference, see Sec.  770.99). There 
is a rebuttable presumption that products emitting more than 0.06 ppm 
formaldehyde as measured by ASTM E1333-14 (incorporated by reference, 
see Sec.  770.99) or ASTM D6007-14 (incorporated by reference, see 
Sec.  770.99) are not hardboard.
    Hardwood plywood means a hardwood or decorative panel that is 
intended for interior use and composed of (as determined under ANSI/
HPVA HP-1-2016 (incorporated by reference, see Sec.  770.99)) an 
assembly of layers or plies of veneer, joined by an adhesive with a 
lumber core, a particleboard core, a medium-density fiberboard core, a 
hardboard core, a veneer core, or any other special core or special 
back material. Hardwood plywood does not include military-specified 
plywood, curved plywood, or any plywood specified in PS 1-09, 
Structural Plywood (incorporated by reference, see Sec.  770.99), or PS 
2-10, Performance Standard for Wood-Based Structural-Use Panels 
(incorporated by reference, see Sec.  770.99). In addition, hardwood 
plywood includes laminated products except as provided at Sec.  770.4.
* * * * *
    Medium-density fiberboard means a panel composed of cellulosic 
fibers made by dry forming and pressing a resinated fiber mat (as 
determined under ANSI A208.2-2016 (incorporated by reference, see Sec.  
770.99)).
* * * * *
    Particleboard means a panel composed of cellulosic material in the 
form of discrete particles (as distinguished from fibers, flakes, or 
strands) that are pressed together with resin (as determined under ANSI 
A208.1-2016 (incorporated by reference, see Sec.  770.99)). 
Particleboard does not include any product specified in PS 2-10 
(incorporated by reference, see Sec.  770.99).
* * * * *
    Quality control limit or QCL means the value from the quality 
control method test that is the correlative equivalent to the 
applicable emission standard based on the ASTM E1333-14 method 
(incorporated by reference, see Sec.  770.99) or, upon showing 
equivalence in accordance with Sec.  770.20(d), the ASTM D6007-14 
method (incorporated by reference, see Sec.  770.99).
* * * * *

0
4. In Sec.  770.7:
0
a. In paragraphs (a)(5)(i)(A) introductory text, (b)(1)(iv), 
(c)(1)(iii), (c)(2)(v), and (c)(4)(i)(F), remove ``1998(E)'' and add in 
its place ``2012(E)''; and
0
b. Revise paragraphs (a)(5)(i)(D) and (F), (b)(5)(i) introductory text, 
(c)(1)(ii) and (v), (c)(2)(iv) and (viii), (c)(4)(i)(B), and 
(c)(4)(v)(C).
    The revisions read as follows:


Sec.  770.7  Third-party certification.

    (a) * * *
    (5) * * *
    (i) * * *
    (D) A review of the approach that the TPC laboratory will use for 
establishing correlation or equivalence between ASTM E1333-14 and ASTM 
D6007-14, if used, (incorporated by reference, see Sec.  770.99) or 
allowable formaldehyde test methods listed under Sec.  770.20.
* * * * *
    (F) A review of the accreditation credentials of the TPC 
laboratory, including a verification that the laboratory has been 
accredited to ISO/IEC 17025:2005(E) (incorporated by reference, see 
Sec.  770.99) with a scope of accreditation to include this part--
Formaldehyde Standards for Composite Wood Products and the formaldehyde 
test methods ASTM E1333-14 and ASTM D6007-14, if used, by an EPA TSCA 
Title VI Laboratory AB (incorporated by reference, see Sec.  770.99).
* * * * *
    (b) * * *
    (5) * * *
    (i) Accreditation. EPA TSCA Title VI Laboratory ABs must determine 
the accreditation eligibility, and accredit if appropriate, each TPC 
seeking recognition under the EPA TSCA Title VI Third-Party 
Certification Program by performing an assessment of each TPC. The 
assessment must include an on-site assessment by the EPA TSCA Title VI 
Laboratory AB to determine whether the laboratory meets the 
requirements of ISO/IEC 17025:2005(E) (incorporated by reference, see 
Sec.  [thinsp]770.99), is in conformance with ISO/IEC 17020:2012(E) 
(incorporated by reference, see Sec.  [thinsp]770.99) and the EPA TSCA 
Title VI TPC requirements under this part including the formaldehyde 
test methods ASTM E1333-14 and ASTM D6007-14 (incorporated by

[[Page 49293]]

reference, see Sec.  [thinsp]770.99), if used. In performing the on-
site assessment, the EPA TSCA Title VI Laboratory AB must:
* * * * *
    (c) * * *
    (1) * * *
    (ii) Be, or have a contract with a laboratory that is, accredited 
by an EPA TSCA Title VI Laboratory AB to ISO/IEC 17025:2005(E) 
(incorporated by reference, see Sec.  770.99) with a scope of 
accreditation to include this part--Formaldehyde Standards for 
Composite Wood Products--and the formaldehyde test methods ASTM E1333-
14 and ASTM D6007-14, if used (incorporated by reference, see Sec.  
770.99);
* * * * *
    (v) Have demonstrated experience in performing or verifying 
formaldehyde emissions testing on composite wood products, including 
experience with test method ASTM E1333-14 and ASTM D6007-14, if used, 
(incorporated by reference, see Sec.  770.99), and experience 
evaluating correlation between test methods. Applicant TPCs that have 
demonstrated experience with test method ASTM D6007-14 only, must be 
contracting testing with a laboratory that has a large chamber and 
demonstrate its experience with ASTM E1333-14.
* * * * *
    (2) * * *
    (iv) A copy of the TPC laboratory's certificate of accreditation 
from an EPA TSCA Title VI Laboratory AB to ISO/IEC 17025:2005(E) 
(incorporated by reference, see Sec.  770.99) with a scope of 
accreditation to include this part--Formaldehyde Standards for 
Composite Wood Products--and the formaldehyde test methods ASTM E1333-
14 and ASTM D6007-14 (incorporated by reference, see Sec.  770.99), if 
used;
* * * * *
    (viii) A description of the TPC's experience with test method ASTM 
E1333-14 and/or ASTM D6007-14, if used, (incorporated by reference, see 
Sec.  770.99), and experience evaluating correlation between test 
methods. Applicant TPCs that have experience with test method ASTM 
D6007-14 only, must be contracting testing with a laboratory that has a 
large chamber and describe its experience with ASTM E1333-14; and
* * * * *
    (4) * * *
    (i) * * *
    (B) Verify each panel producer's quality control test results 
compared with test results from ASTM E1333-14 and ASTM D6007-14, if 
used, (incorporated by reference, see Sec.  770.99) by having the TPC 
laboratory conduct quarterly tests and evaluate test method equivalence 
and correlation as required under Sec.  770.20;
* * * * *
    (v) * * *
    (C) Notification of a panel producer exceeding its established QCL 
for more than two consecutive quality control tests within 72 hours of 
the time that the TPC becomes aware of the second exceedance. The 
notice must include the product type, dates of the quality control 
tests that exceeded the QCL, quality control test results, ASTM E1333-
14 (incorporated by reference, see Sec.  770.99) or ASTM D6007-14 
method (incorporated by reference, see Sec.  770.99) correlative 
equivalent values in accordance with Sec.  770.20(d), the established 
QCL value(s) and the quality control method used.
* * * * *

0
5. In Sec.  770.10, paragraph (b) introductory text is revised to read 
as follows:


Sec.  770.10  Formaldehyde emission standards.

* * * * *
    (b) The emission standards are based on test method ASTM E1333-14 
(incorporated by reference, see Sec.  770.99), and are as follows:
* * * * *

0
6. In Sec.  770.15, paragraphs (c)(1)(v) and (c)(2)(iii) are revised to 
read as follows:


Sec.  770.15  Composite wood product certification.

* * * * *
    (c) * * *
    (1) * * *
    (v) At least five tests conducted under the supervision of an EPA 
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec.  770.99). Test results obtained 
by ASTM D6007-14 must include a showing of equivalence in accordance 
with Sec.  770.20(d)(1);
* * * * *
    (2) * * *
    (iii) At least five tests conducted under the supervision of an EPA 
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec.  770.99). Test results obtained 
by ASTM D6007-14 must include a showing of equivalence in accordance 
with Sec.  770.20(d)(1);
* * * * *

0
7. In Sec.  770.17, paragraph (a)(3) is revised to read as follows:


Sec.  770.17  No-added formaldehyde-based resins.

    (a) * * *
    (3) At least one test conducted under the supervision of an EPA 
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec.  770.99). Test results obtained 
by ASTM D6007-14 must include a showing of equivalence in accordance 
with Sec.  770.20(d)(1); and
* * * * *

0
8. In Sec.  770.18, paragraph (a)(3) is revised to read as follows:


Sec.  770.18  Ultra low-emitting formaldehyde resins.

    (a) * * *
    (3) At least two tests conducted under the supervision of an EPA 
TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-
14 (incorporated by reference, see Sec.  770.99). Test results obtained 
by ASTM D6007-14 must include a showing of equivalence in accordance 
with Sec.  770.20(d)(1); and
* * * * *

0
9. In Sec.  770.20, paragraphs (b)(1)(i) through (iii), (vi), and 
(vii), (c)(1), (d) introductory text, (d)(1), (d)(2) introductory text, 
and (d)(2)(i) are revised to read as follows:


Sec.  770.20  Testing requirements.

* * * * *
    (b) * * *
    (1) * * *
    (i) ASTM D6007-14 (incorporated by reference, see Sec.  770.99).
    (ii) ASTM D5582-14 (incorporated by reference, see Sec.  770.99).
    (iii) BS EN ISO 12460-3:2015 E (Gas Analysis Method) (incorporated 
by reference, see Sec.  770.99).
* * * * *
    (vi) BS EN ISO 12460-5:2015 E (Perforator Method) (incorporated by 
reference, see Sec.  770.99).
    (vii) JIS A 1460:2015(E) (24-hr Desiccator Method) (incorporated by 
reference, see Sec.  770.99).
* * * * *
    (c) * * *
    (1) Allowable methods. Quarterly testing must be performed using 
ASTM E1333-14 (incorporated by reference, see Sec.  770.99) or, with a 
showing of equivalence pursuant to paragraph (d) of this section, ASTM 
D6007-14 (incorporated by reference, see Sec.  770.99).
* * * * *
    (d) Equivalence or correlation. Equivalence or correlation between 
ASTM E1333-14 (incorporated by reference, see Sec.  770.99) and any 
other test method used for quarterly or quality control testing must be 
demonstrated by EPA TSCA Title VI TPCs or panel

[[Page 49294]]

producers, respectively, at least once each year for each testing 
apparatus or whenever there is a significant change in equipment, 
procedure, or the qualifications of testing personnel. Once equivalence 
or correlation have been established for three consecutive years, 
equivalence or correlation must be demonstrated every two years or 
whenever there is a significant change in equipment, procedure, or the 
qualifications of testing personnel.
    (1) Equivalence between ASTM E1333-14 and ASTM D6007-14 when used 
by the TPC for quarterly testing. Equivalence must be demonstrated for 
at least five comparison sample sets, which compare the results of the 
two methods. Equivalence must be demonstrated for each small chamber 
used and for the ranges of emissions of composite wood products tested 
by the TPC.
    (i) Samples. (A) For the ASTM E1333-14 method (incorporated by 
reference, see Sec.  770.99), each comparison sample must consist of 
the result of testing panels, using the applicable loading ratios 
specified in the ASTM E1333-14 method (incorporated by reference, see 
Sec.  770.99), from similar panels of the same product type tested by 
the ASTM D6007-14 method (incorporated by reference, see Sec.  770.99).
    (B) For the ASTM D6007-14 method (incorporated by reference, see 
Sec.  770.99), each comparison sample shall consist of testing 
specimens representing portions of panels similar to the panels tested 
in the ASTM E1333-14 method (incorporated by reference, see Sec.  
770.99) and matched to their respective ASTM E1333-14 method 
(incorporated by reference, see Sec.  770.99) comparison sample result. 
The ratio of air flow to sample surface area specified in ASTM D6007-14 
(incorporated by reference, see Sec.  770.99) must be used.
    (C) The five comparison sample must consist of testing a minimum of 
five sample sets as measured by the ASTM E1333-14 method (incorporated 
by reference, see Sec.  770.99).
    (ii) Average and standard deviation. The arithmetic mean, x, and 
standard deviation, S, of the difference of all comparison sets must be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR25OC17.000

    Where x = arithmetic mean; S = standard deviation; n = number of 
sets; Di = difference between the ASTM E1333-14 and ASTM D6007-14 
method (incorporated by reference, see Sec.  770.99) values for the ith 
set; and i ranges from 1 to n.
    (iii) Equivalence determination. The ASTM D6007-14 method 
(incorporated by reference, see Sec.  770.99) is considered equivalent 
to the ASTM E1333-14 method (incorporated by reference, see Sec.  
770.99) if the following condition is met:
[GRAPHIC] [TIFF OMITTED] TR25OC17.001

    Where C is equal to 0.026.
    (2) Correlation between ASTM E1333-14 and any quality control test 
method. Correlation must be demonstrated by establishing an acceptable 
correlation coefficient (``r'' value).
    (i) Correlation. The correlation must be based on a minimum sample 
size of five data pairs and a simple linear regression where the 
dependent variable (Y-axis) is the quality control test value and the 
independent variable (X-axis) is the ASTM E1333-14 (incorporated by 
reference, see Sec.  770.99) test value or, upon a showing of 
equivalence in accordance with paragraph (d) of this section, the 
equivalent ASTM D6007-14 (incorporated by reference, see Sec.  770.99) 
test value. Either composite wood products or formaldehyde emissions 
reference materials can be used to establish the correlation.
* * * * *

0
10. In Sec.  770.99, paragraphs (a) introductory text, (a)(5) through 
(8), (b)(1) through (5), (c)(1) and (2), (f)(1), and (g)(1) and (2) are 
revised to read as follows:


Sec.  770.99  Incorporation by reference.

* * * * *
    (a) CPA, APA, and HPVA Materials. Copies of these materials may be 
obtained from the specific publisher, as noted in this paragraph (a), 
or from the American National Standards Institute, 1899 L Street NW., 
11th Floor, Washington, DC 20036, or by calling (202) 293-8020, or at 
http://ansi.org/. Note that ANSI A190.1-2017 is published by APA--the 
engineered wood association. ANSI A135.4-2012, ANSI A135.5-2012, ANSI 
A135.6-2012, ANSI A135.7-2012, ANSI A208.1-2016 and ANSI A208.2-2016 
are published by the Composite Panel Association; and ANSI/HPVA-HP-1-
2016 is published by the Hardwood Plywood Veneer Association.
* * * * *
    (5) ANSI A190.1-2017, Standard for Wood Products--Structural Glued 
Laminated Timber, Approved January 24, 2017, IBR approved for Sec.  
770.1(c).
    (6) ANSI A208.1-2016, Particleboard, Approved May 12, 2016, IBR 
approved for Sec.  770.3.
    (7) ANSI A208.2-2016, Medium Density Fiberboard (MDF) for Interior 
Applications, Approved May 12, 2016, IBR approved for Sec.  770.3.
    (8) ANSI/HPVA HP-1-2016, American National Standard for Hardwood 
and Decorative Plywood, Approved January 12, 2016, IBR approved for 
Sec.  770.3.
    (b) * * *
    (1) ASTM D5055-16, Standard Specification for Establishing and 
Monitoring Structural Capacities of Prefabricated Wood I-Joists, 
Approved June 1, 2016, IBR approved for Sec.  770.1(c).
    (2) ASTM D5456-14b, Standard Specification for Evaluation of 
Structural Composite Lumber Products, Approved October 1, 2014, IBR 
approved for Sec.  770.1(c).

[[Page 49295]]

    (3) ASTM D5582-14, Standard Test Method for Determining 
Formaldehyde Levels from Wood Products Using a Desiccator, Approved-
August 1, 2014, IBR approved for Sec.  770.20(b).
    (4) ASTM D6007-14, Standard Test Method for Determining 
Formaldehyde Concentrations in Air from Wood Products Using a Small-
Scale Chamber, Approved October 1, 2014, IBR approved for Sec. Sec.  
770.3, 770.7(a) through (c), 770.15(c), 770.17(a), 770.18(a), and 
770.20(b) through (d).
    (5) ASTM E1333-14, Standard Test Method for Determining 
Formaldehyde Concentrations in Air and Emission Rates from Wood 
Products Using a Large Chamber, Approved October 1, 2014, IBR approved 
for Sec. Sec.  770.3, 770.7(a) through (c), 770.10(b), 770.15(c), 
770.17(a), 770.18(a), and 770.20(c) and (d).
    (c) * * *
    (1) BS EN ISO 12460-3:2015 E, Wood-based panels.--Determination of 
formaldehyde release--Part 3: Gas analysis method, November 2015, IBR 
approved for Sec.  770.20(b).
    (2) BS EN ISO 12460-5:2015 E, Wood based panels.--Determination of 
formaldehyde release--Part 5: Extraction method (called the perforator 
method), December 2015, IBR approved for Sec.  770.20(b).
* * * * *
    (f) * * *
    (1) JIS A 1460:2015(E), Determination of the emission of 
formaldehyde from building boards--Desiccator method, First English 
edition, published 2015-10, IBR approved for Sec.  770.20(b).
* * * * *
    (g) * * *
    (1) PS 1-09, Structural Plywood, May 2010, IBR approved for 
Sec. Sec.  770.1(c) and 770.3.
    (2) PS 2-10, Performance Standard for Wood-Based Structural-Use 
Panels, June 2011, IBR approved for Sec. Sec.  770.1(c) and 770.3.

[FR Doc. 2017-23062 Filed 10-24-17; 8:45 am]
 BILLING CODE 6560-50-P


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