82 FR 57874 - Voluntary Consensus Standards Update; Formaldehyde Emission Standards for Composite Wood Products; Withdrawal of Direct Final Rule

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 235 (December 8, 2017)

Page Range		57874-57875
FR Document		2017-26655

In the Federal Register of October 25, 2017, EPA published both a direct final rule and proposed rule to update the voluntary consensus standards that originally published in the Toxics Substances Control Act (TSCA) Title VI formaldehyde emission standards for composite wood products final rule on December 12, 2016. In addition, in the direct final rule and proposed rule the EPA amended the testing requirements for panel producers and third-party certifiers establishing correlation between approved quality control test methods and either the ASTM E1333-14 test chamber, or, upon showing equivalence, the ASTM D6007-14 test chamber. As noted in the direct final rule, if EPA received adverse comment on the proposed amendments, the Agency would publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the direct final action will not take effect. The Agency did receive adverse comment on the proposed rule amendments, and is therefore withdrawing the direct final rule and will instead proceed with a final rule based on the proposed rule after considering all public comments.

Federal Register, Volume 82 Issue 235 (Friday, December 8, 2017)

[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57874-57875]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26655]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0245; FRL-9971-38]
RIN 2070-AK36


Voluntary Consensus Standards Update; Formaldehyde Emission 
Standards for Composite Wood Products; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; withdrawal.

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SUMMARY: In the Federal Register of October 25, 2017, EPA published 
both a direct final rule and proposed rule to update the voluntary 
consensus standards that originally published in the Toxics Substances 
Control Act (TSCA) Title VI formaldehyde emission standards for 
composite wood products final rule on December 12, 2016. In addition, 
in the direct final rule and proposed rule the EPA amended the testing 
requirements for panel producers and third-party certifiers 
establishing correlation between approved quality control test methods 
and either the ASTM E1333-14 test chamber, or, upon showing 
equivalence, the ASTM D6007-14 test chamber. As noted in the direct 
final rule, if EPA received adverse comment on the proposed amendments, 
the Agency would publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the direct final 
action will not take effect. The Agency did receive adverse comment on 
the proposed rule amendments, and is therefore withdrawing the direct 
final rule and will instead proceed with a final rule based on the 
proposed rule after considering all public comments.

DATES: Effective December 8, 2017, the direct final rule published in 
the Federal Register of October 25, 2017 (82 FR 49287) (FRL-9962-84), 
is withdrawn.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Erik Winchester, National Program Chemicals Division, Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 564-6450; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal 
Register of October 25, 2017 (82 FR 49287). If you have questions 
regarding the applicability of this action to a particular entity, 
consult the technical person listed under FOR FURTHER INFORMATION 
CONTACT.

II. What rule is being withdrawn?

    In the October 25, 2017 Federal Register, EPA published both a 
direct final rule (see 82 FR 49287) and proposed rule (see 82 FR 49302) 
(FRL-9962-80) pursuant to section 601 of TSCA that would have updated 
several of the voluntary consensus standards incorporated by reference 
at Sec.  770.99 as published on December 12, 2016 (see 81 FR 89674) 
(FRL-9949-90). These voluntary consensus standards have been updated, 
withdrawn, or superseded since publication of the original final rule 
in 2016. Additionally, the direct final rule would have amended testing 
requirements for demonstration of equivalence and correlation between 
approved quality control test methods and either the ASTM E1333-14 test 
chamber, or, upon showing equivalence in accordance with Sec.  
770.20(d), the ASTM D6007-14 test chamber under Sec.  770.20(d)(2)(i).
    Since the direct final rule and proposed rule's publication, EPA 
has received a comment on the proposed amendments to the voluntary 
consensus standard updating action that the Agency considers to be 
adverse. As a result of receiving an adverse comment, EPA is 
withdrawing the direct final rule published in the Federal Register on 
October 25, 2017. All comments are available for review in the public 
docket. EPA will address the public comments received on this action in 
a subsequent final rule.

III. How do I access the docket?

    To access the docket, please go to http://www.regulations.gov and 
follow the online instructions using the docket ID number EPA-HQ-OPPT-
2017-0245. Additional information about the Docket Facility is also 
provided under ADDRESSES in the October 25, 2017 (82 FR 49287) Federal 
Register document. If you have questions, consult the technical person 
listed under FOR FURTHER INFORMATION CONTACT.

IV. Good Cause Finding

    EPA finds that there is ``good cause'' under the Administrative 
Procedure Act (5 U.S.C. 553(b)(3)(B)) to withdraw the direct final rule 
discussed in this document without prior notice and comment. For this 
document, notice and comment is impracticable and unnecessary because 
EPA is under a time limit to publish this withdrawal. It was determined 
that this document is not subject to the 30-day delay of effective date 
generally required by 5 U.S.C. 553(d) as there is good cause for the 
withdrawal to be effective immediately. This withdrawal must become 
effective prior to the effective date of the direct final rule being 
withdrawn, as EPA explained in the direct final rule itself.

V. Statutory and Executive Order Reviews

    This document withdraws regulatory requirements that have not gone 
into effect. As such, the Agency has determined that this withdrawal 
will not have any adverse impacts, economic or otherwise. The statutory 
and Executive Order review requirements applicable to the direct final 
rule being withdrawn were discussed in the October 25, 2017 (82 FR 
49287) Federal Register document. Those review requirements do not 
apply to this action because it is a withdrawal and does not contain 
any new or amended requirements.

VI. Congressional Review Act (CRA)

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

List of Subjects in 40 CFR Part 770

    Environmental protection, Formaldehyde, Incorporation by reference, 
Reporting and recordkeeping requirements, Third-party certification, 
Toxic substances, Wood.


[[Page 57875]]


    Dated: December 5, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-26655 Filed 12-7-17; 8:45 am]
 BILLING CODE 6560-50-P

57874 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations

accordance with label directions and 6450; email address: winchester.erik@ technical person listed under FOR
good agricultural practices. epa.gov. FURTHER INFORMATION CONTACT.
[FR Doc. 2017–26518 Filed 12–7–17; 8:45 am] For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422 IV. Good Cause Finding
BILLING CODE 6560–50–P
South Clinton Ave., Rochester, NY EPA finds that there is ‘‘good cause’’
14620; telephone number: (202) 554– under the Administrative Procedure Act
ENVIRONMENTAL PROTECTION 1404; email address: TSCA-Hotline@ (5 U.S.C. 553(b)(3)(B)) to withdraw the
AGENCY epa.gov. direct final rule discussed in this
SUPPLEMENTARY INFORMATION:
document without prior notice and
40 CFR Part 770 comment. For this document, notice and
I. Does this action apply to me? comment is impracticable and
[EPA–HQ–OPPT–2017–0245; FRL–9971–38] A list of potentially affected entities is unnecessary because EPA is under a
provided in the Federal Register of time limit to publish this withdrawal. It
RIN 2070–AK36
October 25, 2017 (82 FR 49287). If you was determined that this document is
Voluntary Consensus Standards have questions regarding the not subject to the 30-day delay of
Update; Formaldehyde Emission applicability of this action to a effective date generally required by 5
Standards for Composite Wood particular entity, consult the technical U.S.C. 553(d) as there is good cause for
Products; Withdrawal of Direct Final person listed under FOR FURTHER the withdrawal to be effective
Rule INFORMATION CONTACT. immediately. This withdrawal must
become effective prior to the effective
AGENCY: Environmental Protection II. What rule is being withdrawn? date of the direct final rule being
Agency (EPA). In the October 25, 2017 Federal withdrawn, as EPA explained in the
ACTION: Direct final rule; withdrawal. Register, EPA published both a direct direct final rule itself.
final rule (see 82 FR 49287) and
SUMMARY: In the Federal Register of proposed rule (see 82 FR 49302) (FRL– V. Statutory and Executive Order
October 25, 2017, EPA published both a 9962–80) pursuant to section 601 of Reviews
direct final rule and proposed rule to TSCA that would have updated several This document withdraws regulatory
update the voluntary consensus of the voluntary consensus standards requirements that have not gone into
standards that originally published in incorporated by reference at § 770.99 as effect. As such, the Agency has
the Toxics Substances Control Act published on December 12, 2016 (see 81 determined that this withdrawal will
(TSCA) Title VI formaldehyde emission FR 89674) (FRL–9949–90). These not have any adverse impacts, economic
standards for composite wood products voluntary consensus standards have or otherwise. The statutory and
final rule on December 12, 2016. In been updated, withdrawn, or Executive Order review requirements
addition, in the direct final rule and superseded since publication of the applicable to the direct final rule being
proposed rule the EPA amended the original final rule in 2016. Additionally, withdrawn were discussed in the
testing requirements for panel producers the direct final rule would have October 25, 2017 (82 FR 49287) Federal
and third-party certifiers establishing amended testing requirements for Register document. Those review
correlation between approved quality demonstration of equivalence and requirements do not apply to this action
control test methods and either the correlation between approved quality because it is a withdrawal and does not
ASTM E1333–14 test chamber, or, upon control test methods and either the contain any new or amended
showing equivalence, the ASTM ASTM E1333–14 test chamber, or, upon requirements.
D6007–14 test chamber. As noted in the showing equivalence in accordance
with § 770.20(d), the ASTM D6007–14 VI. Congressional Review Act (CRA)
direct final rule, if EPA received adverse
comment on the proposed amendments, test chamber under § 770.20(d)(2)(i). Pursuant to the CRA (5 U.S.C. 801 et
the Agency would publish a timely Since the direct final rule and seq.), EPA will submit a report
withdrawal of the direct final rule in the proposed rule’s publication, EPA has containing this rule and other required
Federal Register informing the public received a comment on the proposed information to the U.S. Senate, the U.S.
that the direct final action will not take amendments to the voluntary consensus House of Representatives, and the
effect. The Agency did receive adverse standard updating action that the Comptroller General of the United
comment on the proposed rule Agency considers to be adverse. As a States prior to publication of the rule in
amendments, and is therefore result of receiving an adverse comment, the Federal Register. This action is not
withdrawing the direct final rule and EPA is withdrawing the direct final rule a ‘‘major rule’’ as defined by 5 U.S.C.
will instead proceed with a final rule published in the Federal Register on 804(2). Section 808 of the CRA allows
based on the proposed rule after October 25, 2017. All comments are the issuing agency to make a rule
considering all public comments. available for review in the public effective sooner than otherwise
DATES: Effective December 8, 2017, the
docket. EPA will address the public provided by CRA if the agency makes a
direct final rule published in the comments received on this action in a good cause finding that notice and
Federal Register of October 25, 2017 (82 subsequent final rule. public procedure is impracticable,
FR 49287) (FRL–9962–84), is unnecessary, or contrary to the public
III. How do I access the docket?
withdrawn. interest. As required by 5 U.S.C. 808(2),
To access the docket, please go to this determination is supported by a
FOR FURTHER INFORMATION CONTACT: For http://www.regulations.gov and follow brief statement in Unit IV.
sradovich on DSK3GMQ082PROD with RULES

technical information contact: Erik the online instructions using the docket
Winchester, National Program ID number EPA–HQ–OPPT–2017–0245. List of Subjects in 40 CFR Part 770
Chemicals Division, Office of Pollution Additional information about the Environmental protection,
Prevention and Toxics, Environmental Docket Facility is also provided under Formaldehyde, Incorporation by
Protection Agency, 1200 Pennsylvania ADDRESSES in the October 25, 2017 (82 reference, Reporting and recordkeeping
Ave., NW., Washington, DC 20460– FR 49287) Federal Register document. If requirements, Third-party certification,
0001; telephone number: (202) 564– you have questions, consult the Toxic substances, Wood.

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Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations 57875

Dated: December 5, 2017. agency may issue a rule without notice information requirement within the
E. Scott Pruitt, of proposed rulemaking and the pre- meaning of the Act.
Administrator. promulgation opportunity for public
Small Business Regulatory Enforcement
[FR Doc. 2017–26655 Filed 12–7–17; 8:45 am] comment, with regard to ‘‘interpretative
Fairness Act of 1996 (5 U.S.C. Ch. 6)
BILLING CODE 6560–50–P
rules, general statements of policy, or
rules of agency organization, procedure, This rule is not a major rule as
or practice.’’ The CSB determined that defined by section 251 of the Small
many of the revisions were to Business Regulatory Enforcement
CHEMICAL SAFETY AND HAZARD
interpretive rules issued by the CSB. Fairness Act of 1996 (as amended), 5
INVESTIGATION BOARD
Moreover, the CSB determined that the U.S.C. 804. This rule will not result in
40 CFR Part 1601 remaining revisions were rules of an annual effect on the economy of
agency procedure or practice, as they $100,000,000.00 or more; a major
[Agency Docket Number CSB 17–1] did not change the substantive increase in costs or prices; or significant
standards the agency applies in adverse effects on competition,
Freedom of Information Act Program implementing the FOIA. The CSB also employment, investment, productivity,
AGENCY: Chemical Safety and Hazard concluded that a pre-publication public innovation, or on the ability of United
Investigation Board. comment period was unnecessary. The States-based enterprises to compete
ACTION: Final rule.
revisions in 40 CFR part 1601 merely with foreign-based enterprises in
implemented statutory changes, aligned domestic and export markets.
SUMMARY: The Chemical Safety and the CSB’s regulations with controlling
National Environmental Policy Act of
Hazard Investigation Board (CSB) judicial decisions, and clarified agency
1969 (5 U.S.C. 804)
published an interim final Freedom of procedures.
Information Act (FOIA) rule in the Unfunded Mandates Reform Act (2 This rule will not have a significant
Federal Register on September 29, 2017. U.S.C. Ch. 25) effect on the human environment.
This final rule confirms that the interim Accordingly, this rule is categorically
final rule is adopted as final without This rule is not subject to the excluded from environmental analysis
change. Unfunded Mandates Reform Act under 43 CFR 46.210(i).
DATES: This rule is effective December 8, because it does not contain a Federal
E-Government Act of 2002 (44 U.S.C.
2017. mandate that may result in the
3504)
expenditure by state, local, and tribal
FOR FURTHER INFORMATION CONTACT: Kara governments, in the aggregate, or by the Section 206 of the E-Government Act
Wenzel, Acting General Counsel, 202– private sector, of $100,000,000.00 or requires agencies, to the extent
261–7600, or kara.wenzel@csb.gov. more in any one year. Nor will it have practicable, to ensure that all
SUPPLEMENTARY INFORMATION: a significant or unique effect on small information about that agency required
Executive Summary governments. to be published in the Federal Register
Regulatory Flexibility Act (5 U.S.C. is also published on a publicly
The CSB published an interim final accessible Web site. All information
FOIA rule in the Federal Register on Ch. 6)
about the CSB required to be published
September 29, 2017, 82 FR 45502. As an This rule is not subject to the in the Federal Register may be accessed
interim final rule, the rule became Regulatory Flexibility Act. The CSB has at http://www.csb.gov/. The E-
effective immediately upon publication reviewed this regulation and by Government Act also requires, to the
in the Federal Register. Nonetheless, approving it certifies that this regulation extent practicable, that agencies ensure
the CSB welcomed public comments will not have a significant economic that a publicly accessible Federal
from interested persons regarding the impact on a substantial number of small Government Web site contains
interim final rule. The due date for entities. The rule implements the electronic dockets for rulemakings
comments ended on October 30, 2017. procedures for processing FOIA requests under the Administrative Procedure Act
The CSB did not receive any comments within the CSB. Under the FOIA, of 1946 (5 U.S.C. 551 et seq.). Under this
on the interim final rule. The CSB has agencies may recover only the direct Act, an electronic docket consists of all
determined that no further revisions are costs of searching for, reviewing, and submissions under section 553(c) of title
required to the interim final rule. duplicating the records processed for 5, United States Code; and all other
Therefore, the CSB now issues this final the requesters. Thus, fees accessed by materials that by agency rule or practice
rule to confirm that the interim final CSB will be nominal. Further, the are included in the rulemaking docket
rule published previously shall be the ‘‘small entities’’ that make FOIA under section 553(c) of title 5, United
final CSB FOIA rule. The interim final requests, as compared with individual States Code, whether or not submitted
rule published September 29, 2017, 82 and other requesters, are relatively few electronically. The Web site http://
FR 45502, will be codified at 40 CFR in number. www.csb.gov/ will contain an electronic
part 1601 at the next regular update to dockets for this rulemaking.
the Code of Federal Regulations. Paperwork Reduction Act (44 U.S.C.
Ch. 35) Plain Writing Act of 2010 (5 U.S.C. 301)
Regulatory Procedures
This rule does not impose reporting or Under this Act, the term ‘‘plain
Administrative Procedure Act (5 U.S.C. recordkeeping requirements under the writing’’ means writing that is clear,
sradovich on DSK3GMQ082PROD with RULES

Ch. 5) Paperwork Reduction Act of 1995. The concise, well-organized, and follows
The CSB’s previous implementation Paperwork Reduction Act imposes other best practices appropriate to the
of this rule as an interim final rule, with certain requirements on Federal subject or field and intended audience.
provision for post-promulgation public agencies in connection with the To ensure that this rulemaking was
comment, was based on section 553(b) conducting or sponsoring of any written in plain and clear language so
of the Administrative Procedure Act. 5 collection of information. This rule does that it can be used and understood by
U.S.C. 553(b). Under section 553(b), an not contain any new collection of the public, the CSB modeled the

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Document Created: 2017-12-08 01:43:30
Document Modified: 2017-12-08 01:43:30

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule; withdrawal.
Dates		Effective December 8, 2017, the direct final rule published in the Federal Register of October 25, 2017 (82 FR 49287) (FRL-9962-84), is withdrawn.
Contact		For technical information contact: Erik Winchester, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
FR Citation		82 FR 57874
RIN Number		2070-AK36
CFR Associated		Environmental Protection; Formaldehyde; Incorporation by Reference; Reporting and Recordkeeping Requirements; Third-Party Certification; Toxic Substances and Wood