83 FR 14375 - Court Order; Compliance Date; Formaldehyde Emission Standards for Composite Wood Products

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 65 (April 4, 2018)

Page Range		14375-14376
FR Document		2018-06884

On March 13, 2018, the United States District Court for the Northern District of California issued an order in the case of Sierra Club and A Community Voice-Louisiana vs. Scott Pruitt, which resulted in the compliance date for emission standards, recordkeeping, and labeling (i.e., the manufactured-by date or import-by date) becoming June 1, 2018, rather than December 12, 2018. This case involved the formaldehyde regulations for composite wood products under Title VI of the Toxic Substances Control Act (TSCA) and, specifically, a challenge to EPA's extension to December 12, 2018 of the December 12, 2017 compliance date in a September 25, 2017 rule.

Federal Register, Volume 83 Issue 65 (Wednesday, April 4, 2018)

[Federal Register Volume 83, Number 65 (Wednesday, April 4, 2018)]
[Rules and Regulations]
[Pages 14375-14376]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06884]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2016-0244; FRL-9976-22]


Court Order; Compliance Date; Formaldehyde Emission Standards for 
Composite Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Announcement of court order and compliance date.

-----------------------------------------------------------------------

SUMMARY: On March 13, 2018, the United States District Court for the 
Northern District of California issued an order in the case of Sierra 
Club and A Community Voice-Louisiana vs. Scott Pruitt, which resulted 
in the compliance date for emission standards, recordkeeping, and 
labeling (i.e., the manufactured-by date or import-by date) becoming 
June 1, 2018, rather than December 12, 2018. This case involved the 
formaldehyde regulations for composite wood products under Title VI of 
the Toxic Substances Control Act (TSCA) and, specifically, a challenge 
to EPA's extension to December 12, 2018 of the December 12, 2017 
compliance date in a September 25, 2017 rule.

DATES: April 4, 2018.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Todd Coleman, National Program Chemicals Division, Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 564-1208; 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. General Information

A. Does this announcement affect me?

    You may be interested in this announcement if you manufacture 
(including import), sell, supply, offer for sale, test, or work with 
the certification of hardwood plywood, medium-density fiberboard, 
particleboard, and/or products containing these composite wood 
materials in the United States. The following list of North American 
Industrial Classification System (NAICS) codes is not intended to be 
exhaustive, but rather provides a guide to help readers determine 
whether this document is of interest 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).

[[Page 14376]]

     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 this announcement, please 
consult the technical person listed under FOR FURTHER INFORMATION 
CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this announcement, identified by docket 
identification (ID) number EPA-HQ-OPPT-2016-0244, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW, Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

II. Announcement of Court Order

    On February 16, 2018, the United States District Court for the 
Northern District of California issued an order granting the 
plaintiffs' motion for summary judgment and denying EPA's cross-motion 
for summary judgment in the case of Sierra Club and A Community Voice-
Louisiana vs. Scott Pruitt, Case No. 4:17-cv-6293-JSW (Ref. 1). 
However, the Court stayed the February 16, 2018 order until March 9, 
2018, so that the parties could work on a joint submission on the 
compliance issues related to the order. On March 9, 2018, the 
plaintiffs, EPA, and representatives of several industry groups filed a 
joint proposed stipulation and proposed order (Refs. 2, 3). After 
reviewing the joint proposed stipulation and proposed order, on March 
13, 2018, the Court issued an order pursuant to the stipulation and 
good cause shown that lifted the February 16, 2018 stay on the Court's 
decision as of June 1, 2018, which results in the compliance date for 
emission standards, recordkeeping, and labeling (i.e., the 
manufactured-by date or import-by date) being June 1, 2018, rather than 
December 12, 2018 (Ref. 4). EPA is making available the February 16, 
2018 order, the joint proposed stipulation, the proposed order, and the 
March 13, 2018 order in the supporting documents section of the docket 
for this announcement.

III. Current Status of Compliance Dates

    By June 1, 2018, and until March 22, 2019, regulated composite wood 
panels and finished products containing such composite wood panels that 
are manufactured (in the United States) or imported (into the United 
States) must be certified as compliant with either the TSCA Title VI or 
the California Air Resources Board (CARB) Airborne Toxic Control 
Measures (ATCM) Phase II emission standards, which are set at identical 
levels, by a third-party certifier (TPC) approved by CARB and 
recognized by EPA. Previously, these products were required to be TSCA 
Title VI compliant by December 12, 2018.
    Until March 22, 2019, regulated products certified as compliant 
with the CARB ATCM Phase II emission standards must be labeled as 
compliant with either the TSCA Title VI or the CARB ATCM Phase II 
emission standards.
    After March 22, 2019, CARB-approved TPCs must comply with 
additional accreditation requirements in order to remain recognized as 
an EPA TSCA Title VI TPC and to continue certifying products as TSCA 
Title VI compliant. Regulated products manufactured in or imported into 
the United States after March 22, 2019 may not rely on the CARB 
reciprocity of 40 CFR 770.15(e) and must be certified and labeled as 
TSCA Title VI compliant by an EPA TSCA Title VI TPC with all of the 
required accreditations.

IV. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

    1. Sierra Club and A Community Voice-Louisiana vs. Scott Pruitt, 
Case No. 4:17-cv-06293-JSW; (United States District Court for the 
Northern District of California, February 16, 2018). Order Re: 
Cross-Motions for Summary Judgement.
    2. Sierra Club and A Community Voice-Louisiana vs. Scott Pruitt, 
Case No. 4:17-cv-06293-JSW; (United States District Court for the 
Northern District of California, March 9, 2018) Joint Proposed 
Stipulation.
    3. Sierra Club and A Community Voice-Louisiana vs. Scott Pruitt, 
Case No. 4:17-cv-06293-JSW; (United States District Court for the 
Northern District of California, March 9, 2018) Proposed Order.
    4. Sierra Club and A Community Voice-Louisiana vs. Scott Pruitt, 
Case No. 4:17-cv-06293-JSW; (United States District Court for the 
Northern District of California, March 9, 2018) Final Order.

    Authority: 15 U.S.C. 2697 (TSCA section 601).

    Dated: March 29, 2018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical 
Safety and Pollution Prevention.
[FR Doc. 2018-06884 Filed 4-3-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations 14375

§ 52.2620 Identification of plan. (e) * * *
* * * * *

State effective EPA effective
Rule No. Rule title Final rule citation/date Comments
date date

* * * * * * *
(29) XXIX ........... Sheridan 1987 PM10 Limited 12/14/2015 5/4/2018 [Insert Federal Register citation].
Maintenance Plan.

■ 3. Add § 52.2624 to read as follows: and maintenance plan satisfy all Subpart C—Section 107 Attainment
applicable requirements of the Clean Air Status Designations
§ 52.2624 Control strategy and Act.
regulations: Particulate matter.
■ 5. In § 81.351, the table entitled
On June 2, 2017, the State of PART 81—DESIGNATION OF AREAS ‘‘Wyoming—PM–10’’ is amended under
Wyoming submitted a maintenance plan FOR AIR QUALITY PLANNING ‘‘Sheridan County’’ by revising the entry
for the Sheridan PM10 nonattaiment area PURPOSES for ‘‘City of Sheridan’’ to read as
and requested that this area be follows:
redesignated to attainment for the PM10 ■ 4. The authority citation for part 81
National Ambient Air Quality continues to read as follows: § 81.351 Wyoming.
Standards. The redesignation request Authority: 42 U.S.C. 7401 et seq. * * * * *

Designation Classification
Designated Area
Date Type Date Type

* * * * * * *
Sheridan County:

* * * * * * *
City of Sheridan ................................................... 5/4/2018 Attainment.

* * * * * * *

* * * * * of the Toxic Substances Control Act products containing these composite
[FR Doc. 2018–06848 Filed 4–3–18; 8:45 am] (TSCA) and, specifically, a challenge to wood materials in the United States.
BILLING CODE 6560–50–P EPA’s extension to December 12, 2018 The following list of North American
of the December 12, 2017 compliance Industrial Classification System
date in a September 25, 2017 rule. (NAICS) codes is not intended to be
ENVIRONMENTAL PROTECTION DATES: April 4, 2018. exhaustive, but rather provides a guide
AGENCY to help readers determine whether this
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Todd document is of interest to them.
40 CFR Part 770 Potentially affected entities may
Coleman, National Program Chemicals
[EPA–HQ–OPPT–2016–0244; FRL–9976–22] Division, Office of Pollution Prevention include:
and Toxics, Environmental Protection • Veneer, plywood, and engineered
Court Order; Compliance Date; wood product manufacturing (NAICS
Agency, 1200 Pennsylvania Ave. NW,
Formaldehyde Emission Standards for code 3212).
Washington, DC 20460–0001; telephone
Composite Wood Products
number: (202) 564–1208; email address: • Manufactured home (mobile home)
AGENCY: Environmental Protection coleman.todd@epa.gov. manufacturing (NAICS code 321991).
Agency (EPA). For general information contact: The • Prefabricated wood building
ACTION: Announcement of court order TSCA-Hotline, ABVI-Goodwill, 422 manufacturing (NAICS code 321992).
and compliance date. South Clinton Ave., Rochester, NY • Furniture and related product
14620; telephone number: (202) 554– manufacturing (NAICS code 337).
SUMMARY: On March 13, 2018, the 1404; email address: TSCA-Hotline@
United States District Court for the • Furniture merchant wholesalers
epa.gov. (NAICS code 42321).
Northern District of California issued an
order in the case of Sierra Club and A SUPPLEMENTARY INFORMATION: • Lumber, plywood, millwork, and
Community Voice-Louisiana vs. Scott I. General Information wood panel merchant wholesalers
Pruitt, which resulted in the compliance (NAICS code 42331).
date for emission standards, A. Does this announcement affect me? • Other construction material
amozie on DSK30RV082PROD with RULES

recordkeeping, and labeling (i.e., the You may be interested in this merchant wholesalers (NAICS code
manufactured-by date or import-by date) announcement if you manufacture 423390), e.g., merchant wholesale
becoming June 1, 2018, rather than (including import), sell, supply, offer for distributors of manufactured homes
December 12, 2018. This case involved sale, test, or work with the certification (i.e., mobile homes) and/or
the formaldehyde regulations for of hardwood plywood, medium-density prefabricated buildings.
composite wood products under Title VI fiberboard, particleboard, and/or • Furniture stores (NAICS code 4421).

VerDate Sep<11>2014 16:41 Apr 03, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\04APR1.SGM 04APR1

14376 Federal Register / Vol. 83, No. 65 / Wednesday, April 4, 2018 / Rules and Regulations

• Building material and supplies a joint submission on the compliance including documents that are referenced
dealers (NAICS code 4441). issues related to the order. On March 9, within the documents that are included
• Manufactured (mobile) home 2018, the plaintiffs, EPA, and in the docket, even if the referenced
dealers (NAICS code 45393). representatives of several industry document is not physically located in
• Motor home manufacturing (NAICS groups filed a joint proposed stipulation the docket. For assistance in locating
code 336213). and proposed order (Refs. 2, 3). After these other documents, please consult
• Travel trailer and camper reviewing the joint proposed stipulation the person listed under FOR FURTHER
manufacturing (NAICS code 336214). and proposed order, on March 13, 2018, INFORMATION CONTACT.
• Recreational vehicle (RV) dealers the Court issued an order pursuant to 1. Sierra Club and A Community Voice-
(NAICS code 441210). the stipulation and good cause shown Louisiana vs. Scott Pruitt, Case No. 4:17–cv–
• Recreational vehicle merchant that lifted the February 16, 2018 stay on 06293–JSW; (United States District Court for
wholesalers (NAICS code 423110). the Court’s decision as of June 1, 2018, the Northern District of California, February
• Engineering services (NAICS code which results in the compliance date for 16, 2018). Order Re: Cross-Motions for
541330). emission standards, recordkeeping, and Summary Judgement.
• Testing laboratories (NAICS code labeling (i.e., the manufactured-by date 2. Sierra Club and A Community Voice-
541380). or import-by date) being June 1, 2018, Louisiana vs. Scott Pruitt, Case No. 4:17–cv–
• Administrative management and rather than December 12, 2018 (Ref. 4). 06293–JSW; (United States District Court for
general management consulting services the Northern District of California, March 9,
EPA is making available the February 2018) Joint Proposed Stipulation.
(NAICS code 541611). 16, 2018 order, the joint proposed 3. Sierra Club and A Community Voice-
• All other professional, scientific, stipulation, the proposed order, and the Louisiana vs. Scott Pruitt, Case No. 4:17–cv–
and technical services (NAICS code March 13, 2018 order in the supporting 06293–JSW; (United States District Court for
541990). documents section of the docket for this the Northern District of California, March 9,
• All other support services (NAICS announcement. 2018) Proposed Order.
code 561990). 4. Sierra Club and A Community Voice-
• Business associations (NAICS code III. Current Status of Compliance Dates Louisiana vs. Scott Pruitt, Case No. 4:17–cv–
813910). By June 1, 2018, and until March 22, 06293–JSW; (United States District Court for
• Professional organizations (NAICS 2019, regulated composite wood panels the Northern District of California, March 9,
code 813920). and finished products containing such 2018) Final Order.
If you have any questions regarding composite wood panels that are Authority: 15 U.S.C. 2697 (TSCA section
this announcement, please consult the manufactured (in the United States) or 601).
technical person listed under FOR imported (into the United States) must Dated: March 29, 2018.
FURTHER INFORMATION CONTACT. be certified as compliant with either the Charlotte Bertrand,
B. How can I get copies of this document TSCA Title VI or the California Air Acting Principal Deputy Assistant
and other related information? Resources Board (CARB) Airborne Toxic Administrator, Office of Chemical Safety and
Control Measures (ATCM) Phase II Pollution Prevention.
The docket for this announcement, emission standards, which are set at [FR Doc. 2018–06884 Filed 4–3–18; 8:45 am]
identified by docket identification (ID) identical levels, by a third-party certifier BILLING CODE 6560–50–P
number EPA–HQ–OPPT–2016–0244, is (TPC) approved by CARB and
available at http://www.regulations.gov recognized by EPA. Previously, these
or at the Office of Pollution Prevention products were required to be TSCA Title
and Toxics Docket (OPPT Docket), DEPARTMENT OF HOMELAND
VI compliant by December 12, 2018. SECURITY
Environmental Protection Agency Until March 22, 2019, regulated
Docket Center (EPA/DC), West William products certified as compliant with the Federal Emergency Management
Jefferson Clinton Bldg., Rm. 3334, 1301 CARB ATCM Phase II emission Agency
Constitution Ave. NW, Washington, DC. standards must be labeled as compliant
The Public Reading Room is open from with either the TSCA Title VI or the 44 CFR Part 64
8:30 a.m. to 4:30 p.m., Monday through CARB ATCM Phase II emission
Friday, excluding legal holidays. The standards. [Docket ID FEMA–2018–0002; Internal
telephone number for the Public After March 22, 2019, CARB- Agency Docket No. FEMA–8525]
Reading Room is (202) 566–1744, and approved TPCs must comply with
the telephone number for the OPPT Suspension of Community Eligibility
additional accreditation requirements in
Docket is (202) 566–0280. Please review order to remain recognized as an EPA AGENCY: Federal Emergency
the visitor instructions and additional TSCA Title VI TPC and to continue Management Agency, DHS.
information about the docket available certifying products as TSCA Title VI ACTION: Final rule.
at http://www.epa.gov/dockets. compliant. Regulated products
manufactured in or imported into the SUMMARY: This rule identifies
II. Announcement of Court Order communities where the sale of flood
United States after March 22, 2019 may
On February 16, 2018, the United not rely on the CARB reciprocity of 40 insurance has been authorized under
States District Court for the Northern CFR 770.15(e) and must be certified and the National Flood Insurance Program
District of California issued an order labeled as TSCA Title VI compliant by (NFIP) that are scheduled for
granting the plaintiffs’ motion for an EPA TSCA Title VI TPC with all of suspension on the effective dates listed
summary judgment and denying EPA’s the required accreditations. within this rule because of
cross-motion for summary judgment in noncompliance with the floodplain
amozie on DSK30RV082PROD with RULES

the case of Sierra Club and A IV. References management requirements of the
Community Voice-Louisiana vs. Scott The following is a listing of the program. If the Federal Emergency
Pruitt, Case No. 4:17–cv–6293–JSW (Ref. documents that are specifically Management Agency (FEMA) receives
1). However, the Court stayed the referenced in this document. The docket documentation that the community has
February 16, 2018 order until March 9, includes these documents and other adopted the required floodplain
2018, so that the parties could work on information considered by EPA, management measures prior to the

VerDate Sep<11>2014 16:41 Apr 03, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\04APR1.SGM 04APR1

Document Created: 2018-11-01 09:10:50
Document Modified: 2018-11-01 09:10:50

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		Announcement of court order and compliance date.
Dates		April 4, 2018.
Contact		For technical information contact: Todd Coleman, 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		83 FR 14375