82 FR 44533 - Compliance Date Extension; Formaldehyde Emission Standards for Composite Wood Products
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 184 (September 25, 2017)
Federal Register Volume 82, Issue 184 (September 25, 2017)
| Page Range | 44533-44537 | |
| FR Document | 2017-19455 |
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)] [Rules and Regulations] [Pages 44533-44537] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19455] ----------------------------------------------------------------------- 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: [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? 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 Sec. 770.7(d). 1. Direct Final Rule and Notice of Proposed Rulemaking. Given that EPA extended the effective date of the TSCA [[Page 44534]] 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 non-TSCA 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 non- supportive 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 [[Page 44535]] 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 Sec. 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 ``manufactured-by 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 Sec. 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 Sec. 770.2(d) to note that existing CARB-approved 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 Sec. 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-executive-orders. 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. [[Page 44536]] 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 0 1. The authority citation for part 770 continues to read as follows: Authority: 15 U.S.C. 2697. 0 2. Revise Sec. 770.2 to read as follows: Sec. 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 Sec. [thinsp]770.7(c)(1)(i) and (ii) and (c)(2)(iii) and (iv). After the two- [[Page 44537]] 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 Sec. [thinsp]770.4. (3) Beginning March 22, 2024, producers of laminated products that, as provided at Sec. [thinsp]770.4, are exempt from the definition of ``hardwood plywood'' must comply with the recordkeeping requirements in Sec. [thinsp]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. 0 3. In Sec. 770.3 the term ``laminated product producer'' is revised to read as follows: Sec. 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 Sec. [thinsp]770.4. * * * * * 0 4. In Sec. 770.7, paragraph (d)(1) introductory text is revised to read as follows: Sec. 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 Sec. 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: * * * * * 0 5. In Sec. 770.10, paragraph (a) is revised to read as follows: Sec. 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. * * * * * 0 6. In Sec. 770.12, paragraph (a) is revised to read as follows: Sec. 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. * * * * * 0 7. In Sec. 770.15, paragraph (a) and (e) are revised to read as follows: Sec. 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 CARB-approved 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. * * * * * 0 8. In Sec. 770.30, paragraphs (b) introductory text, (c), and (d) are revised to read as follows: Sec. 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
![Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44533
PART 300—NATIONAL OIL AND the transitional period for CARB TPCs • Prefabricated wood building
HAZARDOUS SUBSTANCES adds needed regulatory flexibility for manufacturing (NAICS code 321992).
POLLUTION CONTINGENCY PLAN regulated entities, reduces compliance • Furniture and related product
burdens, and helps to prevent manufacturing (NAICS code 337).
■ 1. The authority citation for part 300 disruptions to supply chains while still • Furniture merchant wholesalers
continues to read as follows: ensuring that compliant composite (NAICS code 42321).
Authority: 33 U.S.C. 1321(d); 42 U.S.C. wood products enter the supply chain • Lumber, plywood, millwork, and
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, in a timely manner. wood panel merchant wholesalers
2013 Comp., p. 306; E.O. 12777, 56 FR 54757, DATES: This final rule is effective on (NAICS code 42331).
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 October 25, 2017. • Other construction material
FR 2923, 3 CFR, 1987 Comp., p. 193. merchant wholesalers (NAICS code
ADDRESSES: The docket for this action,
Appendix B to Part 300 [Amended] identified by docket identification (ID) 423390), e.g., merchant wholesale
number EPA–HQ–OPPT–2017–0244, is distributors of manufactured homes
■ 2. Table 1 of Appendix B to part 300 available at http://www.regulations.gov (i.e., mobile homes) and/or
is amended by removing the entry or at the Office of Pollution Prevention prefabricated buildings.
‘‘MN’’, ‘‘Nutting Truck & Caster Co’’, and Toxics Docket (OPPT Docket), • Furniture stores (NAICS code 4421).
‘‘Faribault’’. Environmental Protection Agency • Building material and supplies
[FR Doc. 2017–20348 Filed 9–22–17; 8:45 am] Docket Center (EPA/DC), West William dealers (NAICS code 4441).
BILLING CODE 6560–50–P Jefferson Clinton Bldg., Rm. 3334, 1301 • Manufactured (mobile) home
Constitution Ave. NW., Washington, dealers (NAICS code 45393).
DC. The Public Reading Room is open • Motor home manufacturing (NAICS
ENVIRONMENTAL PROTECTION from 8:30 a.m. to 4:30 p.m., Monday code 336213).
AGENCY through Friday, excluding legal • Travel trailer and camper
holidays. The telephone number for the manufacturing (NAICS code 336214).
40 CFR Part 770 Public Reading Room is (202) 566–1744, • Recreational vehicle (RV) dealers
and the telephone number for the OPPT (NAICS code 441210).
[EPA–HQ–OPPT–2017–0244; FRL–9966–56]
Docket is (202) 566–0280. Please review • Recreational vehicle merchant
RIN 2070–AK35 the visitor instructions and additional wholesalers (NAICS code 423110).
information about the docket available • Engineering services (NAICS code
Compliance Date Extension; 541330).
at http://www.epa.gov/dockets.
Formaldehyde Emission Standards for • Testing laboratories (NAICS code
Composite Wood Products FOR FURTHER INFORMATION CONTACT:
For technical information contact: 541380).
AGENCY: Environmental Protection Erik Winchester, National Program • Administrative management and
Agency (EPA). Chemicals Division, Office of Pollution general management consulting services
Prevention and Toxics, Environmental (NAICS code 541611).
ACTION: Final rule; compliance date
Protection Agency, 1200 Pennsylvania • All other professional, scientific,
extension. and technical services (NAICS code
Ave. NW., Washington, DC 20460–0001;
SUMMARY: EPA is extending the telephone number: (202) 564–6450; 541990).
compliance dates for the formaldehyde email address: winchester.erik@epa.gov. • All other support services (NAICS
emission standards for composite wood For general information contact: The code 561990).
products final rule issued pursuant to TSCA-Hotline, ABVI-Goodwill, 422 • Business associations (NAICS code
the Toxic Substances Control Act South Clinton Ave., Rochester, NY 813910).
(TSCA) Title VI, and published in the 14620; telephone number: (202) 554– • Professional organizations (NAICS
Federal Register on December 12, 2016. 1404; email address: TSCA-Hotline@ code 813920).
EPA is extending the December 12, epa.gov. If you have any questions regarding
2017, manufactured-by date for the applicability of this action, please
SUPPLEMENTARY INFORMATION: consult the technical person listed
emission standards, recordkeeping, and
labeling provisions until December 12, I. Does this action apply to me? under FOR FURTHER INFORMATION
CONTACT.
2018; extending the December 12, 2018 You may be affected by this final rule
compliance date for import certification if you manufacture (including import), II. Background
provisions until March 22, 2019; and sell, supply, offer for sale, test, or work
extending the December 12, 2023, A. What action is the agency taking?
with the certification of hardwood
compliance date for provisions plywood, medium-density fiberboard, EPA shares the concerns raised by
applicable to producers of laminated particleboard, and/or products industry stakeholders regarding the time
products until March 22, 2024. containing these composite wood needed to comply with provisions of the
Additionally, this final rule will extend materials in the United States. The formaldehyde emission standards for
the transitional period during which the following list of North American composite wood products final rule (81
California Air Resources Board (CARB) Industrial Classification System FR 89674, December 12, 2016) (FRL–
Third Party Certifiers (TPC) may certify (NAICS) codes is not intended to be 9949–90), and, therefore, is extending
composite wood products under TSCA exhaustive, but rather provides a guide several rule compliance dates. EPA also
asabaliauskas on DSKBBXCHB2PROD with RULES
Title VI without an accreditation issued to help readers determine whether this believes that CARB TPCs should be
by an EPA TSCA Title VI Accreditation document applies to them. Potentially allotted the full two years granted by the
Body, so long as the TPC remains affected entities may include: December 12, 2016 final rule to operate
approved by CARB, is recognized by • Veneer, plywood, and engineered under the transitional period as
EPA, and complies with all aspects of wood product manufacturing (NAICS promulgated in § 770.7(d).
the December 12, 2016 final rule until code 3212). 1. Direct Final Rule and Notice of
March 22, 2019. EPA believes that • Manufactured home (mobile home) Proposed Rulemaking. Given that EPA
extension of these compliance dates and manufacturing (NAICS code 321991). extended the effective date of the TSCA
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![44536 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations
C. Paperwork Reduction Act (PRA) G. Executive Order 13175: Consultation a rule report to each House of the
and Coordination With Indian Tribal Congress and to the Comptroller General
This action does not impose any new Governments of the United States. This action is not
information collection burden under the a ‘‘major rule’’ as defined by 5 U.S.C.
PRA because it does not create any new This action does not have tribal
implications as specified in Executive 804(2).
reporting or recordkeeping obligations.
OMB has previously approved the Order 13175 (65 FR 67249, November 9, List of Subjects in 40 CFR Part 770
information collection activities 2000). This final rule will not impose
substantial direct compliance costs on Environmental protection,
contained in the existing regulations Formaldehyde, Incorporation by
and has assigned OMB control number Indian tribal governments.
reference, Reporting and recordkeeping
2070–0185 (EPA ICR Number 2446.02). H. Executive Order 13045: Protection of requirements, Third-party certification,
Children From Environmental Health Toxic substances, Wood.
D. Regulatory Flexibility Act (RFA)
Risks and Safety Risks
The Agency certifies that this action Dated: August 31, 2017.
EPA interprets Executive Order 13045
will not have a significant economic (62 FR 19885, April 23, 1997), as Wendy Cleland-Hamnett,
impact on a substantial number of small applying only to those regulatory Acting Assistant Administrator, Office of
entities under the RFA, 5 U.S.C. 601 et actions that concern health or safety Chemical Safety and Pollution Prevention.
seq. In making this determination, the risks, such that the analysis required Therefore, 40 CFR chapter I,
impact of concern is any significant under section 5–501 of Executive Order subchapter R, is amended as follows:
adverse economic impact on small 13045 has the potential to influence the
entities. An agency may certify that a regulation. As addressed in Unit II.A., PART 770—FORMALDEHYDE
rule will not have a significant this action would not materially alter STANDARDS FOR COMPOSITE WOOD
economic impact on a substantial the final rule as published, and will PRODUCTS
number of small entities if the rule allow regulated entities additional time
relieves regulatory burden, has no net to establish their supply-chain and ■ 1. The authority citation for part 770
burden or otherwise has a positive certification programs under the final continues to read as follows:
economic effect on the small entities rule, post effective date.
subject to the rule. This rule extends, in Authority: 15 U.S.C. 2697.
response to two delays of the rule I. Executive Order 13211: Actions ■ 2. Revise § 770.2 to read as follows:
effective date and public comment, the Concerning Regulations That
compliance dates and transitional Significantly Affect Energy Supply, § 770.2 Applicability and compliance
Distribution, or Use dates.
period for CARB TPCs to provide the
time needed to achieve compliance This action is not a ‘‘significant (a) [Reserved].
(b) Laboratory and Product ABs that
post-effective date. This will reduce the energy action’’ as defined in Executive
wish to accredit TPCs for TSCA Title VI
burden on TPCs, panel producers, Order 13211 (66 FR 28355, May 22,
purposes may apply to EPA beginning
fabricators, importers, distributors, and 2001), because it is not likely to have a
May 22, 2017, to become recognized.
retailers, because shortening of the significant adverse effect on the supply,
Laboratory and Product ABs must be
compliance period by even a few distribution or use of energy.
recognized by EPA before they begin to
months makes it more difficult for some J. National Technology Transfer and provide and at all times while providing
of them to establish business Advancement Act (NTTAA) TSCA Title VI accreditation services.
relationships, certify product, and (c) TPCs that are not approved by the
distribute certified product into This final rule does not involve
technical standards. As such, NTTAA California Air Resources Board (CARB)
commerce to downstream entities before that wish to provide TSCA Title VI
the original compliance date. EPA section 12(d), 15 U.S.C. 272 note, does
not apply to this action. certification services may apply to EPA
therefore concludes that this action will beginning May 22, 2017, to become
relieve or have no net regulatory burden K. Executive Order 12898: Federal recognized. TPCs must be recognized by
for directly regulated small entities. Actions To Address Environmental EPA and comply with all of the
E. Unfunded Mandates Reform Act Justice in Minority Populations and applicable requirements of this part
(UMRA) Low-Income Populations before they begin to provide and at all
EPA has determined that the human times while providing TSCA Title VI
This action does not contain any health or environmental risk addressed certification services.
unfunded mandate as described in by this action will not have potential (d) Notwithstanding any other
UMRA, 2 U.S.C. 1531–1538, and does disproportionately high and adverse provision of this part, TPCs that are
not significantly or uniquely affect small human health or environmental effects approved by CARB to certify composite
governments. The action imposes no on minority, low-income or indigenous wood products have until March 22,
enforceable duty on any state, local or populations, as specified in Executive 2019, to become accredited by an EPA
tribal governments or the private sector. Order 12898 (59 FR 7629, February 16, TSCA Title VI AB(s) pursuant to the
F. Executive Order 13132: Federalism 1994). As addressed in Unit II.A., this requirements of this part. During this
action would not materially alter the two-year transition period, existing
This action does not have federalism final rule as published, and will allow CARB-approved TPCs that are
asabaliauskas on DSKBBXCHB2PROD with RULES
implications as specified in Executive regulated entities additional time to recognized by EPA and CARB TPCs
Order 13132 (64 FR 43255, August 10, establish their supply-chain and approved during this transition period
1999). It will not have substantial direct certification programs under the final may carry out certification activities
effects on the states, on the relationship rule, post effective date. under TSCA Title VI, provided that they
between the national government and remain approved by CARB and comply
the states, or on the distribution of IV. Congressional Review Act (CRA) with all aspects of this part other than
power and responsibilities among the This action is subject to the CRA, 5 the requirements of § 770.7(c)(1)(i) and
various levels of government. U.S.C. 801 et seq., and EPA will submit (ii) and (c)(2)(iii) and (iv). After the two-
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![Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44537
year transition period, CARB-approved § 770.7 Third-party certification. TSCA Title VI TPC under Section
TPCs may continue to certify composite * * * * * 770.7(d) in order for the product to
wood products under TSCA Title VI (d) * * * remain certified.
provided the TPC maintains its CARB (1) During transitional period. The * * * * *
approval, follows the requirements transitional period is defined as the ■ 8. In § 770.30, paragraphs (b)
under this part, submits to EPA period beginning on December 12, 2016 introductory text, (c), and (d) are revised
documentation from CARB supporting and ending on March 22, 2019. TPCs to read as follows:
their eligibility for reciprocity and has already approved by CARB and TPCs
received EPA recognition as an EPA subsequently approved by CARB during § 770.30 Importers, fabricators,
TSCA Title VI TPC. All TPCs that are the transitional period must apply for distributors, and retailers.
certifying products as compliant with EPA recognition in accordance with * * * * *
TSCA Title VI, both during and after the § 770.8 before they can certify any (b) Importers must demonstrate that
transition period, are subject to products under this part. Once they have taken reasonable precautions
enforcement actions for any violations recognized by EPA, CARB-approved by maintaining, for three years, bills of
of TSCA Title VI or these regulations. TPCs become EPA TSCA Title VI TPCs lading, invoices, or comparable
(e) Beginning December 12, 2018, all and may certify composite wood documents that include a written
manufacturers (including importers), products under TSCA Title VI until statement from the supplier that the
fabricators, suppliers, distributors, and March 22, 2019, as long as they: composite wood products, component
retailers of composite wood products, * * * * * parts, or finished goods are TSCA Title
and component parts or finished goods ■ 5. In § 770.10, paragraph (a) is revised VI compliant or were produced before
containing these materials, must comply to read as follows: December 12, 2018 and by ensuring the
with this part, subject to the following: following records are made available to
(1) Beginning December 12, 2018, § 770.10 Formaldehyde emission EPA within 30 calendar days of request:
laminated product producers must standards.
* * * * *
comply with the requirements of this (a) Except as otherwise provided in (c) Fabricators, distributors, and
part that are applicable to fabricators. this part, the emission standards in this retailers must demonstrate that they
(2) Beginning March 22, 2024, section apply to composite wood have taken reasonable precautions by
producers of laminated products must products sold, supplied, offered for sale, obtaining bills of lading, invoices, or
comply with the requirements of this or manufactured (including imported) comparable documents that include a
part that are applicable to hardwood on or after December 12, 2018 in the written statement from the supplier that
plywood panel producers (in addition to United States. These emission standards the composite wood products,
the requirements of this part that are apply regardless of whether the component parts, or finished goods are
applicable to fabricators) except as composite wood product is in the form TSCA Title VI compliant or that the
provided at § 770.4. of a panel, a component part, or composite wood products were
(3) Beginning March 22, 2024, incorporated into a finished good. produced before December 12, 2018.
producers of laminated products that, as * * * * * (d) Beginning March 22, 2019,
provided at § 770.4, are exempt from ■ 6. In § 770.12, paragraph (a) is revised importers of articles that are regulated
the definition of ‘‘hardwood plywood’’ to read as follows: composite wood products, or articles
must comply with the recordkeeping that contain regulated composite wood
requirements in § 770.40(c) and (d) (in § 770.12 Stockpiling. products, must comply with the import
addition to the requirements of this part (a) The sale of stockpiled inventory of certification regulations for ‘‘Chemical
that are applicable to fabricators). composite wood products, whether in Substances in Bulk and As Part of
(4) Composite wood products the form of panels or incorporated into Mixtures and Articles,’’ as found at 19
manufactured (including imported) component parts or finished goods, is CFR 12.118 through 12.127.
before December 12, 2018 may be sold, prohibited after December 12, 2018.
supplied, offered for sale, or used to * * * * *
* * * * *
fabricate component parts or finished [FR Doc. 2017–19455 Filed 9–22–17; 8:45 am]
■ 7. In § 770.15, paragraph (a) and (e)
goods at any time. BILLING CODE 6560–50–P
are revised to read as follows:
■ 3. In § 770.3 the term ‘‘laminated
product producer’’ is revised to read as § 770.15 Composite wood product
follows: certification. DEPARTMENT OF COMMERCE
(a) Beginning December 12, 2018,
§ 770.3 Definitions. National Oceanic and Atmospheric
only certified composite wood products,
* * * * * whether in the form of panels or Administration
Laminated product producer means a incorporated into component parts or
manufacturing plant or other facility finished goods, are permitted to be sold, 50 CFR Part 679
that manufactures (excluding facilities supplied, offered for sale, or [Docket No. 161020985–7181–02]
that solely import products) laminated manufactured (including imported) in
products on the premises. Laminated the United States, unless the product is RIN 0648–XF707
product producers are fabricators and, specifically exempted by this part.
Fisheries of the Exclusive Economic
asabaliauskas on DSKBBXCHB2PROD with RULES
beginning March 22, 2024, laminated * * * * *
product producers are also hardwood Zone Off Alaska; Longnose Skate in
(e) If a product is certified by a CARB- the Western Regulatory Area of the
plywood panel producers except as approved TPC that is also recognized by
provided at § 770.4. Gulf of Alaska
EPA, the product will also be
* * * * * considered certified under TSCA Title AGENCY: National Marine Fisheries
■ 4. In § 770.7, paragraph (d)(1) VI until March 22, 2019 after which the Service (NMFS), National Oceanic and
introductory text is revised to read as TPC needs to comply with all the Atmospheric Administration (NOAA),
follows: requirements of this part as an EPA Commerce.
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Document Created: 2018-10-24 14:43:20
Document Modified: 2018-10-24 14:43:20
| 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 | Final rule; compliance date extension. | |
| Dates | This final rule is effective on October 25, 2017. | |
| 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 44533 | |
| RIN Number | 2070-AK35 | |
| CFR Associated | Environmental Protection; Formaldehyde; Incorporation by Reference; Reporting and Recordkeeping Requirements; Third-Party Certification; Toxic Substances and Wood |
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