82 FR 49287 - Voluntary Consensus Standards Update; Formaldehyde Emission Standards for Composite Wood Products
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 205 (October 25, 2017)
Federal Register Volume 82, Issue 205 (October 25, 2017)
| Page Range | 49287-49295 | |
| FR Document | 2017-23062 |
[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)] [Rules and Regulations] [Pages 49287-49295] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23062] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 The revision will update multiple voluntary consensus standards that have been updated, superseded, or withdrawn since publication of the notices of proposed rulemaking on June 10, 2013 and will amend an existing regulatory provision regarding the correlation of quality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: [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 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: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 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: APA--the Engineered Wood Association, Composite Panel Association (CPA), American National Standards Institute (ANSI), American Society for Testing and Materials (ASTM), International Organization for Standardization (ISO), Japanese Standards Association (JIS), and 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
![Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 49287
changes to paragraph 261.13(i)(4) in III. Regulatory Requirements By order of the Board of Governors of the
response to a public comment. Federal Reserve System, October 19, 2017.
As the Board noted in its interim rule, Ann E. Misback,
II. Summary of Public Comments and Congress required that the substantive
Secretary of the Board.
Final Rule changes to the Board’s Rules under the
[FR Doc. 2017–23095 Filed 10–24–17; 8:45 am]
Improvement Act become effective by
Interested persons were afforded the December 27, 2016, and the other BILLING CODE P
opportunity to participate in the amendments to the Board’s Rules were
rulemaking process through submission technical in nature. Thus, the Board
of written comments on the interim determined that the prior notice and ENVIRONMENTAL PROTECTION
final rule during the open comment comment requirements of the AGENCY
period. The Board is adopting a minor Administrative Procedure Act, 5 U.S.C.
revision to the interim final rule in 553(b), did not apply to the rule. 40 CFR Part 770
response to a comment from the Office Because no notice of proposed [EPA–HQ–OPPT–2017–0245; FRL–9962–84]
of Government Information Services rulemaking is required, these RIN 2070–AK36
within the National Archives and regulations are not a ‘‘rule’’ as defined
Records Administration (‘‘OGIS’’).3 by the Regulatory Flexibility Act, 5 Voluntary Consensus Standards
OGIS asked the Board to revise U.S.C. 601(2), and no initial or final Update; Formaldehyde Emission
section 261.13(i)(4) of the Rules to regulatory flexibility analysis is Standards for Composite Wood
required. Products
require that a determination letter on an
appeal inform appellants of the List of Subjects in 12 CFR Part 261 AGENCY: Environmental Protection
availability of OGIS’s dispute resolution Agency (EPA).
Administrative practice and
services. Although not required by the ACTION: Direct final rule.
procedure, Confidential business
FOIA statute, this change is consistent information, Freedom of information,
with guidance issued by the Department Reporting and recordkeeping SUMMARY: EPA is taking direct final
of Justice’s Office of Information Policy. requirements. action on a revision to the formaldehyde
Accordingly, the Board has determined standards for composite wood products
to edit the language in paragraph (i)(4) Authority and Issuance final rule, published in the Federal
of section 261.13 to notify an appealing For the reasons stated above, the Register on December 12, 2016. The
party of the availability of OGIS’s Board of Governors of the Federal revision will update multiple voluntary
dispute resolution services as a Reserve System adopts the interim final consensus standards that have been
nonexclusive alternative to litigation. rule published on December 27, 2016, at updated, superseded, or withdrawn
81 FR 94932, as final with the following since publication of the notices of
The Board has determined not to
change: proposed rulemaking on June 10, 2013
adopt two other suggestions by OGIS.
and will amend an existing regulatory
OGIS’s proposed amendment would add
PART 261—RULES REGARDING provision regarding the correlation of
a statement that ‘‘[d]ispute resolution is
AVAILABILITY OF INFORMATION quality control test methods.
a voluntary process.’’ This sentence
DATES: This final rule is effective on
appears to be unnecessary and repetitive
■ 1. The authority citation for part 261 December 11, 2017 without further
given that the Board is already advising
continues to read as follows: notice, unless EPA receives relevant
appellants that dispute resolution
services are available as a ‘‘nonexclusive Authority: 5 U.S.C. 552; 12 U.S.C. 248(i) adverse comment by November 9, 2017.
alternative to litigation.’’ OGIS also and (k), 321 et seq., 611 et seq., 1442, 1467a, If EPA receives adverse comment, the
1817(a)(2)(A), 1817(a)(8), 1818(u) and (v), Agency will publish a timely
proposed language stating that the
1821(o), 1821(t), 1830, 1844, 1951 et seq., withdrawal in the Federal Register
Board will ‘‘actively engage as a partner 2601, 2801 et seq., 2901 et seq., 3101 et seq., informing the public that the rule will
to the process in an attempt to resolve 3401 et seq.; 15 U.S.C. 77uuu(b), 78q(c)(3); 29 not take effect. The incorporation by
the dispute’’ if the Board participates in U.S.C. 1204; 31 U.S.C. 5301 et seq.; 42 U.S.C. reference of certain publications listed
the OGIS dispute resolution process. 3601; 44 U.S.C. 3510.
in the regulations is approved by the
Although active engagement in
■ 2. In § 261.13 paragraph (i)(4) is Director of the Federal Register as of
attempting to resolve a FOIA dispute is
revised to read as follows: December 11, 2017.
of course not unreasonable, the
ADDRESSES: The docket for this action,
proposed sentence could create § 261.13 Processing requests.
additional legal obligations not required identified by docket identification (ID)
* * * * * number EPA–HQ–OPPT–2017–0245, is
under the FOIA. Accordingly, aside (i) * * *
from adding in language regarding the available at http://www.regulations.gov
(4) The Board shall make a or at the Office of Pollution Prevention
availability of OGIS’s dispute resolution determination regarding any appeal and Toxics Docket (OPPT Docket),
services as a nonexclusive alternative to within 20 working days of actual receipt Environmental Protection Agency
litigation, the Board is adopting section of the appeal by the Freedom of Docket Center (EPA/DC), West William
261.13(i)(4) in the final rule without any Information Office. If an adverse Jefferson Clinton Bldg., Rm. 3334, 1301
further change. determination is upheld on appeal, in Constitution Ave. NW., Washington,
whole or in part, the determination DC. The Public Reading Room is open
3 The Board received a second comment
letter shall notify the appealing party of from 8:30 a.m. to 4:30 p.m., Monday
nlaroche on DSK9F9SC42PROD with RULES
requesting that it amend the rule in a manner
unrelated to the amendments required by the
the right to seek judicial review and of through Friday, excluding legal
Improvement Act. While the Board intends to make the availability of dispute resolution holidays. The telephone number for the
more extensive amendments to its FOIA Rule at a services from the Office of Government Public Reading Room is (202) 566–1744,
later time, the interim final rule only addressed the Information Services as a nonexclusive
matters required by the Improvement Act, and
and the telephone number for the OPPT
further changes to the Rule will be preceded by a
alternative to litigation. Docket is (202) 566–0280. Please review
request for public comment. * * * * * the visitor instructions and additional
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![Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 49291
19428–2959, or by calling (877) 909– the European Committee for covering the wood species, veneer
ASTM, or at http://www.astm.org. Standardization, but from one of CEN’s grading, adhesive bonds, panel
1. ASTM E1333–14, Determining National Members, Affiliates, or Partner construction and workmanship,
Formaldehyde Concentrations in Air Standardization Bodies. To purchase a dimensions and tolerances, marking,
and Emission Rates from Wood standard, go to CEN’s Web site, http:// moisture content and packaging of
Products Using a Large Chamber. This www.cen.eu, and select ‘‘Products’’ for structural plywood intended for
test method measures the formaldehyde more detailed information. construction and industrial uses. Test
concentration in air and emission rate 1. BS EN 12460–3: 2015, Wood-based methods to determine compliance and a
from wood products containing Panels—Determination of glossary of trade terms and definitions
formaldehyde under conditions Formaldehyde Release [Part 3: Gas are included, as is a quality certification
designed to simulate product use. The Analysis Method]. This British Version program involving inspection, sampling,
concentration in air and emission rate is of the European standard describes a and testing of products identified as
determined in a large chamber under procedure for determination of complying with this standard by
specific test conditions of temperature accelerated formaldehyde release from qualified testing agencies.
and relative humidity. The general wood-based panels. 2. PS 2–10, Performance Standard for
procedures are also intended for testing 2. BS EN 12460–5: 2015, Wood-based Wood-Based Structural-Use Panels. This
product combinations at product- Panels—Determination of standard covers performance
loading ratios and at air-exchange rates Formaldehyde Release [Part 5: requirements, adhesive bond
typical of the indoor environment. Extraction Method (Called the performance, panel construction and
2. ASTM D6007–14, Determining Perforator Method)]. This British workmanship, dimensions and
Formaldehyde Concentrations in Air Version of the European standard tolerances, marking, and moisture
from Wood Products Using a Small- describes an extraction method, known content of structural-use panels, such as
Scale Chamber. This test method as the perforator method, for plywood, waferboard, oriented strand
measures the formaldehyde determining the formaldehyde content board (OSB), structural particle board,
concentrations in air from wood of unlaminated and uncoated wood- and composite panels. The standard
products under defined test conditions based panels. includes test methods, a glossary of
of temperature and relative humidity. d. Japanese Industrial Standards trade terms and definitions, and a
Results obtained from this small-scale material. Copies of JIS A 1460: 2015, quality certification program involving
chamber test method are intended to be Determination of the Emission of inspection, sampling, and testing of
comparable to results obtained testing Formaldehyde from Building Boards— products for qualification under the
larger product samples by the large Desiccator Method, English Version, standard.
chamber test method for wood products, may be obtained from Japanese
Test Method E 1333. Industrial Standards, 1–24, Akasaka 4, K. Executive Order 12898: Federal
3. ASTM D5582–14, Determining Minatoku, Tokyo 107–8440, Japan, or by Actions To Address Environmental
Formaldehyde Levels from Wood calling +81–3–3583–8000, or at http:// Justice in Minority Populations and
Products Using a Dessicator. This test www.jsa.or.jp. This method describes a Low-Income Populations
method describes a small scale method for testing formaldehyde EPA has determined that the human
procedure for measuring formaldehyde emissions from construction boards by health or environmental risk addressed
emissions potential from wood measuring the concentration of by this action will not have potential
products. The formaldehyde level is formaldehyde absorbed in distilled or disproportionately high and adverse
determined by collecting airborne deionized water from samples of a human health or environmental effects
formaldehyde in a small distilled water specified surface area placed in a glass on minority, low-income or indigenous
reservoir within a closed desiccator. The desiccator for 24 hours. populations, as specified in Executive
quantity of formaldehyde is determined e. NIST materials. Copies of these
Order 12898. As addressed in Unit II.A.,
by a chromotropic acid test procedure. materials may be obtained from the
this action would not materially alter
4. ASTM D5456–14b, Evaluation of National Institute of Standards and
the final rule as published, and will
Structural Composite Lumber Products. Technology (NIST) by calling (800) 553–
update existing voluntary consensus
This specification describes initial 6847 or from the U.S. Government
standards incorporated by reference in
qualification sampling, mechanical and Printing Office (GPO). To purchase a
the final rule, to their current versions.
physical tests, analysis, and design NIST publication you must have the
value assignments. Requirements for a order number. Order numbers may be L. Congressional Review Act (CRA)
quality-control program and cumulative obtained from the Public Inquiries Unit This action is subject to the CRA, 5
evaluations are included to ensure at (301) 975–NIST. Mailing address: U.S.C. 801 et seq., and the EPA will
maintenance of allowable design values Public Inquiries Unit, NIST, 100 Bureau submit a rule report to each House of
for the product. Dr., Stop 1070, Gaithersburg, MD the Congress and to the Comptroller
5. ASTM D5055–16, Establishing and 20899–1070. If you have a GPO stock General of the United States.
Monitoring Structural Capacities of number, you can purchase printed
Prefabricated Wood I-Joists. This copies of NIST publications from GPO. List of Subjects in 40 CFR Part 770
specification gives procedures for GPO orders may be mailed to: U.S. Environmental protection,
establishing, monitoring, and Government Printing Office, P.O. Box Formaldehyde, Incorporation by
reevaluating structural capacities of 979050, St. Louis, MO 63197–9000, reference, Reporting and recordkeeping
prefabricated wood I-joists, such as placed by telephone at (866) 512–1800 requirements, Third-party certification,
nlaroche on DSK9F9SC42PROD with RULES
shear, moment, and stiffness. The (DC Area only: (202) 512–1800), or Toxic substances, Wood.
specification also provides procedures faxed to (202) 512–2104. Additional
Dated: October 12, 2017.
for establishing common details and information is available online at:
E. Scott Pruitt,
itemizes certain design considerations http://www.nist.gov.
specific to wood I-joists. 1. PS 1–09, Structural Plywood. This Administrator.
c. CEN materials. Copies of these standard describes the principal types For the reasons set out in the
materials are not directly available from and grades of structural plywood, preamble, title 40, chapter I, subchapter
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![Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Rules and Regulations 49295
(3) ASTM D5582–14, Standard Test criteria used to create the ‘‘composite —The company’s bonds are rated at
Method for Determining Formaldehyde railroad’’ for the Board’s annual cost-of- least BBB by Standard & Poor’s and
Levels from Wood Products Using a capital determination. This final action Baa by Moody’s;
Desiccator, Approved-August 1, 2014, requires a company’s stock to be listed —The company’s stock is listed on
IBR approved for § 770.20(b). on either the New York Stock Exchange either the NYSE or the AMEX; and
(4) ASTM D6007–14, Standard Test (NYSE) or the Nasdaq Stock Market —The company has paid dividends
Method for Determining Formaldehyde (NASDAQ), rather than on either the throughout the review year.
Concentrations in Air from Wood NYSE or American Stock Exchange 1 I.C.C.2d at 1003–04; see also R.R. Cost
Products Using a Small-Scale Chamber, (AMEX), as the AMEX no longer exists. of Capital—2015, EP 558 (Sub-No. 19),
Approved October 1, 2014, IBR slip op. at 3 (STB served Aug. 5, 2016).
This action is applicable on
DATES:
approved for §§ 770.3, 770.7(a) through On April 18, 2017, the Board issued
November 24, 2017.
(c), 770.15(c), 770.17(a), 770.18(a), and a Notice of Proposed Rulemaking
770.20(b) through (d). FOR FURTHER INFORMATION CONTACT: (NPRM) that proposed to update the
(5) ASTM E1333–14, Standard Test Amy C. Ziehm, (202) 245–0391. fourth screening criterion used to create
Method for Determining Formaldehyde Assistance for the hearing impaired is the ‘‘composite railroad’’ for the Board’s
Concentrations in Air and Emission available through the Federal annual cost-of-capital determination.
Rates from Wood Products Using a Information Relay Service (FIRS) at Specifically, the Board proposed that its
Large Chamber, Approved October 1, (800) 877–8339. fourth screening criterion be modified to
2014, IBR approved for §§ 770.3, SUPPLEMENTARY INFORMATION: As one of require a company’s stock to be listed
770.7(a) through (c), 770.10(b), its regulatory responsibilities, the Board on either the NYSE or the NASDAQ,
770.15(c), 770.17(a), 770.18(a), and determines annually the railroad rather than on either the NYSE or
770.20(c) and (d). industry’s cost of capital.1 The cost-of- AMEX, as the AMEX is no longer in
(c) * * * capital figure represents the Board’s existence. See NPRM, slip op. at 1–2.
(1) BS EN ISO 12460–3:2015 E, Wood- estimate of the average rate of return The Board sought comments on the
based panels.—Determination of needed to persuade investors to provide NPRM by May 18, 2017, and replies by
formaldehyde release—Part 3: Gas capital to the freight rail industry. The June 19, 2017. The Board received
analysis method, November 2015, IBR cost-of-capital determination is one comments on the proposed action from
approved for § 770.20(b). component used in evaluating the the Association of American Railroads
(2) BS EN ISO 12460–5:2015 E, Wood adequacy of railroad revenues each year (AAR) and the Western Coal Traffic
based panels.—Determination of under the procedures and standards League (WCTL). No reply comments
formaldehyde release—Part 5: mandated by Congress in the Railroad were filed. After consideration of the
Extraction method (called the perforator Revitalization and Regulatory Reform comments received, the Board is
method), December 2015, IBR approved Act of 1976, Public Law 94–210, 90 Stat. adopting the changes proposed in the
for § 770.20(b). 31 (1976) and promulgated in Standards NPRM as a final action.
* * * * * for Railroad Revenue Adequacy, 364 Comments
(f) * * * I.C.C. 803 (1981), modified, 3 I.C.C.2d
(1) JIS A 1460:2015(E), Determination In its comments, AAR states that it is
261 (1986), aff’d sub nom. Consol. Rail supportive of the Board’s proposal to
of the emission of formaldehyde from Corp. v. United States, 855 F.2d 78 (3d
building boards—Desiccator method, update the ‘‘composite railroad’’
Cir. 1988). The cost-of-capital finding is screening criteria to better reflect the
First English edition, published 2015– also an essential component of many
10, IBR approved for § 770.20(b). current state of the marketplace. (AAR
other Board regulatory proceedings. Comment 2.) AAR requests that the
* * * * * The Board determines the railroad Board move expeditiously to adopt the
(g) * * * industry’s cost of capital for a proposal and prohibit any party from
(1) PS 1–09, Structural Plywood, May ‘‘composite railroad,’’ which is based on expanding the scope of this proceeding
2010, IBR approved for §§ 770.1(c) and data from a sample of railroads. by offering proposals that would
770.3. Pursuant to Railroad Cost of Capital— ‘‘manipulate’’ the cost-of-capital
(2) PS 2–10, Performance Standard for 1984, 1 I.C.C.2d 989 (1985), the sample process. (Id.)
Wood-Based Structural-Use Panels, June includes all railroads that meet the WCTL generally supports the Board’s
2011, IBR approved for §§ 770.1(c) and following criteria: proposal and states that expanding the
770.3. screening criteria to include NASDAQ-
—The company is a Class I line-haul
[FR Doc. 2017–23062 Filed 10–24–17; 8:45 am] listed companies, i.e., CSX Corporation
railroad;
BILLING CODE 6560–50–P (CSX),3 would result in a larger
—If the Class I railroad is controlled by
composite sample. (WCTL Comment 1–
another company, the controlling
2.) WCTL, however, argues that the
company is primarily a railroad
SURFACE TRANSPORTATION BOARD ‘‘composite railroad’’ sample is still
company and is not already included
rather small, consisting of just four
49 CFR Chapter X in the study frame; 2
companies—CSX; Kansas City Southern
[Docket No. EP 664 (Sub-No. 3)] Corporation (KCS); Norfolk Southern
1 The cost of capital is calculated as the weighted
average of the cost of debt and the cost of equity,
Corporation (NSC); and Union Pacific
Revisions to the Cost-of-Capital with the weights determined by the railroad Corporation (UPC)—that have
Composite Railroad Criteria industry’s capital structure (the fraction of capital
nlaroche on DSK9F9SC42PROD with RULES
from debt or equity on a market-value basis). See 3 In the Board’s cost of capital calculation for
AGENCY: Surface Transportation Board. Methodology to be Employed in Determining R.R. 2016, the Board waived its requirement that a
Indus.’s Cost of Capital, EP 664, slip op. at 6 (STB company’s stock be listed on either the NYSE or the
ACTION: Final Action.
served Jan. 17, 2008). AMEX, noting that CSX Corporation transferred its
2 A company is considered to be primarily in the stock exchange listing from the NYSE to the
SUMMARY: The Surface Transportation railroad business if at least 50% of its total assets NASDAQ in 2015. R.R. Cost of Capital—2016, EP
Board (STB or Board) is adopting a final are devoted to railroad operations. R.R. Cost of 558 (Sub-No. 20), slip op. at 2 n.4 (STB served Aug.
action to update one of the screening Capital—1984, 1 I.C.C.2d at 1003–04. 7, 2017).
VerDate Sep<11>2014 14:30 Oct 24, 2017 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\25OCR1.SGM 25OCR1](https://thefederalregister.org/doc/82_FR_49492/page/9.svg)
Document Created: 2017-10-25 01:17:24
Document Modified: 2017-10-25 01:17:24
| 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. | |
| 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. | |
| 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: | |
| FR Citation | 82 FR 49287 | |
| RIN Number | 2070-AK36 | |
| CFR Associated | Environmental Protection; Formaldehyde; Incorporation by Reference; Reporting and Recordkeeping Requirements; Third-Party Certification; Toxic Substances and Wood |
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