82 FR 31267 - Compliance Date Extension; Formaldehyde Emission Standards for Composite Wood Products

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 128 (July 6, 2017)

Page Range		31267-31268
FR Document		2017-14106

In the Federal Register of May 24, 2017, EPA published both a direct final rule and proposed rule to extend the compliance dates and California Air Resource Board (CARB) Third Party Certifier (TPC) transitional period originally published in the Toxics Substances Control Act (TSCA) Title VI formaldehyde emission standards for composite wood products final rule on December 12, 2016. As noted in the direct final rule, if EPA received relevant adverse comment on the proposed amendments, the Agency would publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the direct final action will not take effect. The Agency did receive adverse comment on the proposed rule amendments, and is therefore withdrawing the direct final rule and will instead proceed with a final rule based on the proposed rule after considering all public comments.

Federal Register, Volume 82 Issue 128 (Thursday, July 6, 2017)

[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)]
[Rules and Regulations]
[Pages 31267-31268]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14106]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0244; FRL-9963-74]
RIN 2070-AK35


Compliance Date Extension; Formaldehyde Emission Standards for 
Composite Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; withdrawal.

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SUMMARY: In the Federal Register of May 24, 2017, EPA published both a 
direct final rule and proposed rule to extend the compliance dates and 
California Air Resource Board (CARB) Third Party Certifier (TPC) 
transitional period originally published in the Toxics Substances 
Control Act (TSCA) Title VI formaldehyde emission standards for 
composite wood products final rule on December 12, 2016. As noted in 
the direct final rule, if EPA received relevant adverse comment on the 
proposed amendments, the Agency would publish a timely withdrawal of 
the direct final rule in the Federal Register informing the public that 
the direct final action will not take effect. The Agency did receive 
adverse comment on the proposed rule amendments, and is therefore 
withdrawing the direct final rule and will instead proceed with a final 
rule based on the proposed rule after considering all public comments.

DATES: Effective July 6, 2017 the direct final rule published in the 
Federal Register of May 24, 2017 (82 FR 23735) (FRL-9962-86) is 
withdrawn.

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: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal 
Register of May 24, 2017 (82 FR 23735). If you have questions regarding 
the applicability of this action to a particular entity, consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

II. What rule is being withdrawn?

    In the May 24, 2017 Federal Register, EPA published both a direct 
final rule (see 82 FR 23735) and proposed rule (see 82 FR 23769) 
pursuant to section 601 of TSCA that would have extended the December 
12, 2016 published (see 81 FR 89674) compliance dates for emission 
standards, recordkeeping, and labeling provisions, until March 22, 
2018; extended the December 12, 2018 compliance date for import 
certification provisions until March 22, 2019; and extended the 
December 12, 2023 compliance date for provisions applicable to 
producers of laminated products until March 22, 2024. Additionally, 
this action would have extended the CARB TPC transitional period which 
is currently set to end December 12, 2018, until March 22, 2019.
    Since the direct final rule and proposed rule's publication, EPA 
has received several comments on the proposed amendments to the 
compliance dates that the Agency considers to be adverse. As a result 
of receiving adverse comments, EPA is withdrawing the direct final rule 
published in the Federal Register on May 24, 2017. These comments are 
available for review in the public docket and suggest alternatives to 
the proposed action which EPA will address in a subsequent final rule.

III. How do I access the docket?

    To access the docket, please go to http://www.regulations.gov and 
follow the online instructions using the docket ID number EPA-HQ-OPPT-
2017-0244. Additional information about the Docket Facility is also 
provided under ADDRESSES in the May 24, 2017 (82 FR 23735) Federal 
Register document. If you have questions, consult the technical person 
listed under FOR FURTHER INFORMATION CONTACT.

IV. Good Cause Finding

    EPA finds that there is ``good cause'' under the Administrative 
Procedure Act (5 U.S.C. 553(b)(3)(B)) to withdraw the direct final rule 
discussed in this document without prior notice and comment. For this 
document, notice and comment is impracticable and

[[Page 31268]]

unnecessary because EPA is under a time limit to publish this 
withdrawal. It was determined that this document is not subject to the 
30-day delay of effective date generally required by 5 U.S.C. 553(d). 
This withdrawal must become effective prior to the effective date of 
the direct final rule being withdrawn.

V. Statutory and Executive Order Reviews

    This document withdraws regulatory requirements that have not gone 
into effect. As such, the Agency has determined that this withdrawal 
will not have any adverse impacts, economic or otherwise. The statutory 
and Executive Order review requirements applicable to the direct final 
rule being withdrawn were discussed in the May 24, 2017 (82 FR 23735) 
Federal Register document. Those review requirements do not apply to 
this action because it is a withdrawal and does not contain any new or 
amended requirements.

VI. Congressional Review Act (CRA)

    Pursuant to the CRA (5 U.S.C. 801 et seq.), EPA will submit a 
report containing this rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States prior to publication of the rule in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). Section 808 of the CRA allows the issuing agency to make a rule 
effective sooner than otherwise provided by CRA if the agency makes a 
good cause finding that notice and public procedure is impracticable, 
unnecessary, or contrary to the public interest. As required by 5 
U.S.C. 808(2), this determination is supported by a brief statement in 
Unit IV.

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: June 28, 2017.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2017-14106 Filed 7-5-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations 31267

All Institutional Controls are in place Appendix B to Part 300—[Amended] SUPPLEMENTARY INFORMATION:
and currently EPA expects that no
■ 2. Table 1 of Appendix B to part 300 I. Does this action apply to me?
further Superfund response is needed to
is amended by removing ‘‘MA’’, A list of potentially affected entities is
protect human health and the
‘‘Shpack Landfill’’, ‘‘Norton/Attleboro’’. provided in the Federal Register of May
environment, except future operations
and maintenance, monitoring, and Five [FR Doc. 2017–14112 Filed 7–5–17; 8:45 am] 24, 2017 (82 FR 23735). If you have
Year Reviews. BILLING CODE 6560–50–P questions regarding the applicability of
this action to a particular entity, consult
V. Deletion Action the technical person listed under FOR
ENVIRONMENTAL PROTECTION FURTHER INFORMATION CONTACT.
The EPA, with concurrence of the AGENCY
State of Massachusetts through the II. What rule is being withdrawn?
MassDEP, has determined that all 40 CFR Part 770 In the May 24, 2017 Federal Register,
appropriate response actions under [EPA–HQ–OPPT–2017–0244; FRL–9963–74] EPA published both a direct final rule
CERCLA, other than operation, (see 82 FR 23735) and proposed rule
maintenance, monitoring and five-year RIN 2070–AK35 (see 82 FR 23769) pursuant to section
reviews have been completed. 601 of TSCA that would have extended
Compliance Date Extension; the December 12, 2016 published (see
Therefore, EPA is deleting the Site from Formaldehyde Emission Standards for
the NPL. 81 FR 89674) compliance dates for
Composite Wood Products emission standards, recordkeeping, and
Because EPA considers this action to
AGENCY: Environmental Protection labeling provisions, until March 22,
be noncontroversial and routine, EPA is 2018; extended the December 12, 2018
taking it without prior publication. This Agency (EPA).
ACTION: Direct final rule; withdrawal.
compliance date for import certification
action will be effective September 5, provisions until March 22, 2019; and
2017 unless EPA receives adverse extended the December 12, 2023
SUMMARY: In the Federal Register of
comments by August 7, 2017. If adverse May 24, 2017, EPA published both a compliance date for provisions
comments are received within the 30- direct final rule and proposed rule to applicable to producers of laminated
day public comment period, EPA will extend the compliance dates and products until March 22, 2024.
publish a timely withdrawal of this California Air Resource Board (CARB) Additionally, this action would have
direct final notice of deletion before the Third Party Certifier (TPC) transitional extended the CARB TPC transitional
effective date of the deletion, and it will period originally published in the period which is currently set to end
not take effect. EPA will prepare a Toxics Substances Control Act (TSCA) December 12, 2018, until March 22,
response to comments and continue Title VI formaldehyde emission 2019.
with the deletion process on the basis of standards for composite wood products Since the direct final rule and
the notice of intent to delete and the final rule on December 12, 2016. As proposed rule’s publication, EPA has
comments already received. There will noted in the direct final rule, if EPA received several comments on the
be no additional opportunity to received relevant adverse comment on proposed amendments to the
comment. the proposed amendments, the Agency compliance dates that the Agency
would publish a timely withdrawal of considers to be adverse. As a result of
List of Subjects in 40 CFR Part 300 the direct final rule in the Federal receiving adverse comments, EPA is
Register informing the public that the withdrawing the direct final rule
Environmental protection, Air published in the Federal Register on
pollution control, Chemicals, Hazardous direct final action will not take effect.
The Agency did receive adverse May 24, 2017. These comments are
waste, Hazardous substances, available for review in the public docket
comment on the proposed rule
Intergovernmental relations, Penalties, and suggest alternatives to the proposed
amendments, and is therefore
Reporting and recordkeeping action which EPA will address in a
withdrawing the direct final rule and
requirements, Superfund, Water will instead proceed with a final rule subsequent final rule.
pollution control, Water supply. based on the proposed rule after III. How do I access the docket?
Dated: May 31, 2017. considering all public comments.
To access the docket, please go to
Deborah A. Szaro, DATES: Effective July 6, 2017 the direct
http://www.regulations.gov and follow
Acting Regional Administrator Region 1. final rule published in the Federal the online instructions using the docket
Register of May 24, 2017 (82 FR 23735) ID number EPA–HQ–OPPT–2017–0244.
For the reasons set out in this (FRL–9962–86) is withdrawn. Additional information about the
document, 40 CFR part 300 is amended FOR FURTHER INFORMATION CONTACT: Docket Facility is also provided under
as follows: For technical information contact: ADDRESSES in the May 24, 2017 (82 FR
Erik Winchester, National Program 23735) Federal Register document. If
PART 300—NATIONAL OIL AND Chemicals Division, Office of Pollution you have questions, consult the
HAZARDOUS SUBSTANCES Prevention and Toxics, Environmental technical person listed under FOR
POLLUTION CONTINGENCY PLAN Protection Agency, 1200 Pennsylvania FURTHER INFORMATION CONTACT.
Ave. NW., Washington, DC 20460–0001;
■ 1. The authority citation for part 300 telephone number: 202–564–6450; IV. Good Cause Finding
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is revised to read as follows: email address: winchester.erik@epa.gov. EPA finds that there is ‘‘good cause’’
Authority: 33 U.S.C. 1321(d); 42 U.S.C. For general information contact: The under the Administrative Procedure Act
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, TSCA-Hotline, ABVI-Goodwill, 422 (5 U.S.C. 553(b)(3)(B)) to withdraw the
2013 Comp., p. 306; E.O. 12777, 56 FR 54757, South Clinton Ave., Rochester, NY direct final rule discussed in this
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 14620; telephone number: (202) 554– document without prior notice and
FR 2923, 3 CFR, 1987 Comp., p. 193. 1404; email address: TSCA-Hotline@ comment. For this document, notice and
epa.gov. comment is impracticable and

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31268 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations

unnecessary because EPA is under a DEPARTMENT OF THE INTERIOR Code of Federal Regulations. This final
time limit to publish this withdrawal. It supplementary rule applies to 37 acres
was determined that this document is Bureau of Land Management of public lands managed by the Moab
not subject to the 30-day delay of Field Office. Maps of the management
effective date generally required by 5 43 CFR Part 8360 area and boundaries can be obtained by
U.S.C. 553(d). This withdrawal must [17XL 1109AF LLUTY0100 contacting the Moab Field Office or by
become effective prior to the effective L12200000.EA0000 24–1A] accessing the BLM’s ePlanning project
date of the direct final rule being page (http://go.usa.gov/xkHY8). The
withdrawn. Notice of Final Supplementary Rule for final supplementary rule will be
Public Lands in the Moab Field Office available for review at the Moab Field
V. Statutory and Executive Order in Grand County, Utah Office.
Reviews In 2015, the BLM published a
AGENCY: Bureau of Land Management, temporary restriction on rope swinging
This document withdraws regulatory Interior. at Corona Arch and Gemini Bridges. In
requirements that have not gone into ACTION: Notification of final 2016, the BLM sought a permanent
effect. As such, the Agency has supplementary rule. restriction on rope swinging at the same
determined that this withdrawal will two locations. Through the National
not have any adverse impacts, economic SUMMARY: The Bureau of Land
Environmental Policy Act (NEPA)
or otherwise. The statutory and Management (BLM) is finalizing a
process, the BLM identified the need to
Executive Order review requirements supplementary rule addressing
establish a supplementary rule to
applicable to the direct final rule being recreation on public lands in the
provide for visitor enjoyment and
withdrawn were discussed in the May vicinity of Corona Arch and Gemini
protect public land resources at these
Bridges in Grand County, Utah. The
24, 2017 (82 FR 23735) Federal Register two locations. Corona Arch and Gemini
supplementary rule prohibits roped
document. Those review requirements Bridges are two of the most popular
activities around Corona Arch and
do not apply to this action because it is recreational destinations in the Moab
Gemini Bridges. Such activities involve
a withdrawal and does not contain any Field Office. Corona Arch is a partly
the use of ropes or other climbing aids,
new or amended requirements. freestanding arch with a 110-foot by
and include, but are not limited to, zip-
110-foot opening. Gemini Bridges are
VI. Congressional Review Act (CRA) lining, high-lining, slacklining,
two large arches standing side-by-side.
traditional rock climbing, sport rock
Approximately 40,000 visitors per
Pursuant to the CRA (5 U.S.C. 801 et climbing, rappelling, and swinging.
year come to the Corona Arch, and the
seq.), EPA will submit a report DATES: The supplementary rule is in Gemini Bridges receives approximately
containing this rule and other required effect August 7, 2017. 50,000 visitors per year. The BLM has
information to the U.S. Senate, the U.S. ADDRESSES: You may direct inquiries by received many complaints that roped
House of Representatives, and the letter to Christina Price, Field Office activities, including swinging from the
Comptroller General of the United Manager, Bureau of Land Management, arches, conflict with other visitors’ use
States prior to publication of the rule in Moab Field Office, 82 East Dogwood and enjoyment of the arches. The BLM
the Federal Register. This action is not Avenue, Moab, UT 84532, or by email finds merit in these complaints. People
a ‘‘major rule’’ as defined by 5 U.S.C. to blm_ut_mb_mail@blm.gov. The final setting up and using swings and rappels
804(2). Section 808 of the CRA allows supplementary rule is available for from the arches endanger both
the issuing agency to make a rule inspection at the Moab Field Office and themselves and those viewing from
effective sooner than otherwise on the Web site: https://www.blm.gov/ below. In addition, the rock arches may
provided by CRA if the agency makes a media/federal-register. be damaged by ropes ‘‘sawing’’ on the
good cause finding that notice and FOR FURTHER INFORMATION CONTACT: rock spans. The supplementary rule
public procedure is impracticable, Christina Price, Field Manager, 82 East currently in effect in the Moab Field
unnecessary, or contrary to the public Dogwood Avenue, Moab, UT 84532, Office (81 FR 9498, Feb. 25, 2016) does
interest. As required by 5 U.S.C. 808(2), 435–259–2100, or blm_ut_mb_mail@ not address roped activities on the
this determination is supported by a blm.gov. Persons who use a affected arches, although the temporary
brief statement in Unit IV. telecommunications device for the deaf restriction (80 FR 27703, May 14, 2015)
(TDD) may call the Federal Relay is in effect until May 2017.
List of Subjects in 40 CFR Part 770 Service (FRS) at 1–800–877–8339 to The legal descriptions of the affected
leave a message or question with the public lands are:
Environmental protection,
Formaldehyde, Incorporation by above individual. The service is Salt Lake Meridian
available 24 hours a day, 7 days a week.
reference, Reporting and recordkeeping T. 25 S., R. 20 E., sec. 34, NW1⁄4 SW1⁄4, that
You will receive a reply during normal part surrounding Gemini Bridges.
requirements, Third-party certification,
business hours. T. 25 S., R. 21 E., sec. 32, SE1⁄4 SE1⁄4, that
Toxic substances, Wood.
SUPPLEMENTARY INFORMATION: part surrounding Corona Arch.
Dated: June 28, 2017. T. 26 S., R. 21 E., sec. 5, NE1⁄4, that part
Louise P. Wise,
I. Background surrounding Corona Arch.
The BLM is establishing a final The areas described aggregate to 37.3 acres.
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention. supplementary rule under the authority This final supplementary rule allows
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[FR Doc. 2017–14106 Filed 7–5–17; 8:45 am] of 43 CFR 8365.1–6, which allows State for enforcement as a tool to minimize
BILLING CODE 6560–50–P
Directors to establish supplementary the adverse effects of roped activities
rules for the protection of persons, within the affected areas. After the final
property, and the public lands and supplementary rule goes into effect, it
resources. This provision allows the will be available for review in the Moab
BLM to issue rules of less than national Field Office, and will be announced
effect without codifying the rules in the broadly through the news media and

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Document Created: 2017-07-06 01:04:54
Document Modified: 2017-07-06 01:04:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule; withdrawal.
Dates		Effective July 6, 2017 the direct final rule published in the Federal Register of May 24, 2017 (82 FR 23735) (FRL-9962-86) is withdrawn.
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
FR Citation		82 FR 31267
RIN Number		2070-AK35
CFR Associated		Environmental Protection; Formaldehyde; Incorporation by Reference; Reporting and Recordkeeping Requirements; Third-Party Certification; Toxic Substances and Wood