83_FR_55104 83 FR 54892 - Technical Issues-Formaldehyde Emission Standards for Composite Wood Products

83 FR 54892 - Technical Issues-Formaldehyde Emission Standards for Composite Wood Products

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 212 (November 1, 2018)

Page Range54892-54901
FR Document2018-23592

EPA is proposing to amend the regulations promulgated in a final rule that published in the Federal Register on December 12, 2016, concerning formaldehyde emission standards for composite wood products. EPA is publishing these proposed amendments to address certain technical issues and to further align the final rule requirements with the California Air Resources Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II program. Addressing these technical issues would add clarity for regulated entities. These revisions to the existing rule would also streamline compliance programs and help to ensure continued smooth transitions for supply chains to comply with the requirements associated with regulated composite wood products.

Federal Register, Volume 83 Issue 212 (Thursday, November 1, 2018)
[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Proposed Rules]
[Pages 54892-54901]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23592]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2018-0174; FRL-9984-14]
RIN 2070-AK47


Technical Issues--Formaldehyde Emission Standards for Composite 
Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to amend the regulations promulgated in a 
final rule that published in the Federal Register on December 12, 2016, 
concerning formaldehyde emission standards for composite wood products. 
EPA is publishing these proposed amendments to address certain 
technical issues and to further align the final rule requirements with 
the California Air Resources Board (CARB) Airborne Toxic Control 
Measures (ATCM) Phase II program. Addressing these technical issues 
would add clarity for regulated entities. These revisions to the 
existing rule would also streamline compliance programs and help to 
ensure continued smooth transitions for supply chains to comply with 
the requirements associated with regulated composite wood products.

DATES: Comments must be received on or before December 3, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2018-0174, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please

[[Page 54893]]

follow the instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

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: 
coleman.todd@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be affected by this proposed rule if you manufacture 
(including import), sell, supply, offer for sale, test, or work with 
the certification of hardwood plywood, medium-density fiberboard, 
particleboard, and/or products containing these composite wood 
materials in the United States. The following list of North American 
Industrial Classification System (NAICS) codes is not intended to be 
exhaustive, but rather provides a guide to help readers determine 
whether this document applies to them. Potentially affected entities 
may include:
     Veneer, plywood, and engineered wood product manufacturing 
(NAICS code 3212).
     Manufactured home (mobile home) manufacturing (NAICS code 
321991).
     Prefabricated wood building manufacturing (NAICS code 
321992).
     Furniture and related product manufacturing (NAICS code 
337).
     Furniture merchant wholesalers (NAICS code 42321).
     Lumber, plywood, millwork, and wood panel merchant 
wholesalers (NAICS code 42331).
     Other construction material merchant wholesalers (NAICS 
code 423390), e.g., merchant wholesale distributors of manufactured 
homes (i.e., mobile homes) and/or prefabricated buildings.
     Furniture stores (NAICS code 4421).
     Building material and supplies dealers (NAICS code 4441).
     Manufactured (mobile) home dealers (NAICS code 45393).
     Motor home manufacturing (NAICS code 336213).
     Travel trailer and camper manufacturing (NAICS code 
336214).
     Recreational vehicle (RV) dealers (NAICS code 441210).
     Recreational vehicle merchant wholesalers (NAICS code 
423110).
     Engineering services (NAICS code 541330).
     Testing laboratories (NAICS code 541380).
     Administrative management and general management 
consulting services (NAICS code 541611).
     All other professional, scientific, and technical services 
(NAICS code 541990).
     All other support services (NAICS code 561990).
     Business associations (NAICS code 813910).
     Professional organizations (NAICS code 813920).
    If you have any questions regarding the applicability of this 
action, please consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. Comments Received on Technical Issues

    1. Stakeholder Feedback. Since the formaldehyde emission standards 
for composite wood products final rule (see 89 FR 89674) was 
promulgated on December 12, 2016, EPA has received letters, inquiries, 
and general correspondence from industry stakeholders, including the 
Composite Panel Association, Hardwood Plywood Veneer Association, 
Kitchen Cabinet Manufacturers Association, and various EPA recognized 
TSCA Title VI Third Party Certifiers (TSCA Title VI TPCs), regarding a 
number of technical issues with the testing and certification 
provisions of the rule. Stakeholders have requested EPA consider 
amending certain provisions of the TSCA Title VI regulations to improve 
regulatory clarity and further align the rule with the California Air 
Resources Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II 
program. Correspondence from these industry stakeholders is included in 
the Supporting Documents section of the docket for this action.
    The Agency has taken other actions since publication of the 
December 12, 2016 final rule to address other issues, including 
allowing early labeling of compliant composite wood products (see 82 FR 
31922), extending the compliance dates in the December 12, 2016 final 
rule (see 82 FR 44533 and 83 FR 14375), and updating several voluntary 
consensus standard versions as well as the equivalence provisions 
between the American Society for Testing and Materials (ASTM) E1333-14 
and ASTM D6007-14 test chambers (see 82 FR 5340).
    2. June 28, 2018 Public Meeting on the Technical Issues. On May 24, 
2018, the Agency published a notice in the Federal Register (see 83 FR 
24104) announcing a public meeting at the EPA headquarters office in 
Washington, DC (with remote access available) on June 28, 2018 to 
discuss and obtain input on the technical issues that stakeholders have 
raised since the December 12, 2016 final rule. The publication of this 
notice also opened a 60-day public comment period to allow the public 
time to submit any additional data, information, or comments for the 
Agency to consider in developing this proposal.
    During the June 28, 2018 public meeting, the Agency presented 11 
technical issues and provided registered attendees the opportunity to 
comment on each issue and raise any additional issues before the 
conclusion of the meeting that had not been discussed. A transcript of 
this public meeting, letters, correspondence, and background materials 
are also posted in the Supporting Documents section of the docket for 
this action.
    The Agency received 8 comments during the 60-day comment period 
opened for the public meeting. Those comments, in addition to the 
attendee feedback during the June 28, 2018 public meeting and the 
previously submitted letters and correspondence following the December 
12, 2016 final

[[Page 54894]]

rule, have resulted in the identification of technical issues that the 
Agency is considering and, in most cases, addressing, by proposing to 
amend the TSCA Title VI regulations in this proposed rule.
    Because the Agency has already taken public comment for 60 days on 
the majority of technical issues after the Federal Register notice 
announcing the public meeting (see 83 FR 24104) and given that the 
commenters were generally supportive of these changes, the comment 
period for this proposed action will be 30 days. Furthermore, the 
Agency is considering the use of an immediate or 15-day effective date 
upon publication of the final rule to provide regulated stakeholders 
time to adjust their certification programs before, or as close as 
possible to the March 22, 2019 TSCA Title VI rule's CARB reciprocity 
end date (see 83 FR 14375). Certain of the technical issues being 
proposed in this action would further align the TSCA Title VI program 
with the CARB ATCM Phase II program and streamline compliance for those 
entities currently certifying under CARB's program. Stakeholders have 
noted that having the effective date for these amendments at or before 
the March 22, 2019 TSCA Title VI rule's CARB Reciprocity date will 
ensure TPC program consistency and provide regulatory certainty as 
those programs can continue to operate as they have for years under the 
CARB ATCM Phase II program.

B. What action is the Agency taking?

    a. Experimental resins and mill start-up and restart scenarios. The 
Agency is aware that the final rule does not directly discuss 
provisions for composite wood product mills that are starting up new 
operations, or mills that are restarting operations after a cessation 
in production, which would require working with a TSCA Title VI TPC to 
establish new correlations for producing what was a previously 
certified product. Stakeholders asked about this issue and requested 
the Agency provide guidance on it in addition to guidance on a path for 
products transitioning from research and development to regulated 
composite wood products.
    On June 1, 2018, to address these two issues, the EPA posted 
guidance in the form of frequently asked questions on the Agency's 
formaldehyde homepage (Ref 1). In these frequently asked questions, the 
Agency outlined an example approach that could lead to prompt 
certification of composite wood products for start-up or restarting 
mills and products transitioning from research and development to be 
certified under the existing testing and certification provisions of 
the rule. The Agency received comments from a few stakeholders (see 
EPA-HQ-OPPT-2018-0174-0018, EPA-HQ-OPPT-2018-0174-0020, and EPA-HQ-
OPPT-2018-0174-0022) requesting the Agency to provide more example 
approaches in the frequently asked questions. Stakeholders noted that 
there are other scenarios that could be used which are not directly 
identified in the existing frequently asked questions. EPA understands 
the issue and notes that the example approach used in the existing 
frequently asked questions is just one of many possible approaches 
which would be permitted under the TSCA Title VI regulations. So long 
as the TSCA Title VI TPC and panel producer are establishing a 
certification program that complies with the TSCA Title VI regulations, 
any such ``example'' or ``optional'' approach could be used. It is the 
Agency's understanding that there could be numerous mill start up and 
restart scenarios, which would be a challenge to accurately capture and 
develop rule provisions for without being inadvertently limiting in 
some way. The Agency believes the existing rule provisions and guidance 
it has already provided in the frequently asked questions are adequate 
and flexible enough to allow mills and TSCA Title VI TPCs to use their 
expertise and work together to develop timely approaches that are 
tailored to their specific scenarios and that ensure the manufacture of 
composite wood products which are compliant with the rule. Accordingly, 
EPA is not proposing new rule provisions for mill start-up and 
restarts, or the use of new or otherwise experimental resins.
    b. Annual correlations between the third-party certifier ASTM E1333 
or equivalent ASTM D6007 apparatus and any other mill quality control 
testing method. EPA is proposing to amend the rule by removing the 
requirement for annual correlations at Sec.  770.20(d). The rule 
currently requires a showing of correlation between the TSCA Title VI 
TPC's ASTM E1333-14 apparatus (or contract laboratory's ASTM E1333-14 
apparatus) or equivalent ASTM D6007-14 apparatus and any other mill 
quality control testing methods at Sec.  770.20(b) on an annual basis 
for the first three years after initial correlation establishment, and 
every two years thereafter to continue certifying composite wood 
products. The CARB ATCM Phase II program does not require annual 
correlations between the TPC (or contract laboratory) ASTM E1333-14 
apparatus or equivalent ASTM D6007-14 apparatus and any other approved 
method for quality control testing. The CARB ATCM Phase II program 
requires that an initial correlation be established between the ASTM 
E1333-14 apparatus (or contract laboratory's ASTM E1333-14 apparatus) 
or equivalent ASTM D6007-14 apparatus and any other approved method for 
quality control testing, and then be reestablished only when there is a 
significant change in the operation at the mill or when there is a 
reason to believe the correlation is no longer valid. Stakeholders have 
requested that EPA amend Sec.  770.20(d) to align with the CARB ATCM 
Phase II correlation requirement. CARB's ATCM requires panel producers 
to work with a TPC to develop an initial correlation. CARB staff have 
noted that requiring subsequent correlations only on an as-needed basis 
(rather than requiring that a correlation be redeveloped annually) has 
not reduced the quality of testing data or composite wood products 
meeting the emission standard under the CARB ATCM Phase II program. 
CARB staff have also noted that should there be any issue with the 
validity of the correlation, the panel producer and TPC would notice 
immediately as the results from quarterly and quality control testing 
would vary considerably from what would be expected for any given 
product type being tested. Stakeholders as well have expressed that the 
removal of the annual correlation requirement would result in a 
streamlined path to compliance while having no negative affect on the 
validity of the test data received from either the TSCA Title VI TPC's 
testing apparatus nor the mill quality control testing method at Sec.  
770.20(b).
    c. Equivalence or correlation on like-size or similar sized 
apparatuses. EPA is proposing an amendment to Sec.  770.20(d) to allow 
the TSCA Title VI TPC to use their ASTM E1333-14 apparatus (or their 
contract laboratory's ASTM E1333-14 apparatus) to demonstrate 
equivalence to multiple ASTM D6007-14 apparatuses of a similar model or 
size and construction located in the same TSCA Title VI TPC laboratory, 
or contract laboratory. Similar model chambers would be those that are 
manufactured by the same manufacturer and bear the same model number or 
bear a model number that succeeds a previous model number that has been 
discontinued or otherwise is no longer being manufactured but would be 
deemed the equivalent by the manufacturer. Similar size and 
construction chambers would have an identical chamber volume capacity 
and be constructed in a way that would

[[Page 54895]]

result in the same sample holding capacity and operational parameters 
(e.g., airflow speed, time to conduct testing, etc.) as another 
chamber, but need not be made by the same manufacturer. The Agency 
understands that CARB has allowed a similar approach under the ATCM 
Phase II program and there has been no negative impact on generation of 
data to demonstrate valid equivalence between test methods.
    EPA is also proposing to update the correlation requirement at 
Sec.  770.20(d) to allow multiple similar model or size and 
construction mill quality control test method apparatuses located at 
any one physical mill quality control testing laboratory to demonstrate 
correlation to the TSCA Title VI TPC test apparatus as required under 
Sec.  770.20(d) in the same capacity as the amended equivalence 
allowance. Although not currently discussed in the CARB ATCM Phase II 
program, stakeholders note that some mills have multiple quality 
control testing apparatuses of the same or like model at each mill 
location, and being able to establish correlations to like model or 
size and construction apparatuses located at any one physical mill 
location would streamline compliance while having no impact on data 
quality and quality control testing. EPA is proposing to codify this 
interpretation of the TSCA Title VI regulation.
    d. Averaging of emission test results during quarterly and non-
complying lot testing. EPA is proposing to add subparagraph (iv) to 
Sec.  [thinsp]770.20(c)(2) and amend subparagraph (i) at Sec.  
[thinsp]770.22(c)(2) to align with the CARB ATCM Phase II program 
regarding averaging test results during quarterly testing and non-
complying lot retesting. CARB's approved method for test results 
averaging accounts for formaldehyde emission variability across any one 
composite wood product panel while ensuring the products still meet the 
applicable emission standards. CARB's method at 17 California Code of 
Regulations section 93120.9(a)(2)(A) and (B)(2) and Appendix 2 (g)(8) 
of its regulations includes allowing nine subsamples from any one panel 
to be collected and tested in an ASTM E1333-14 or equivalent ASTM 
D6007-14 apparatus in groups of three, resulting in three test values, 
which are then averaged to obtain one final value that accounts for 
emission variability across that one panel (Ref 2). Under these 
requirements, the nine subsamples should be evenly distributed and 
represent similar sizes to one another as they are collected from any 
one panel.
    CARB does not address the averaging of test results for quality 
control testing in the ATCM program. EPA is not proposing an update to 
the quality control testing requirements; rather EPA is proposing to 
explicitly allow averaging of data generated for quarterly testing and 
non-complying lot retesting. EPA believes that this added clarity will 
assist TSCA Title VI TPCs and panel producers in testing composite wood 
products in the same capacity that they have been testing under the 
CARB ATCM, and that this amendment will not reduce test data quality.
    e. Equivalence testing emission ranges. EPA is proposing to update 
the requirement at Sec.  770.20(d) for TSCA Title VI TPCs to 
demonstrate equivalence under specified emission ranges. The CARB ATCM 
specifies that ten comparison tests must be conducted, consisting of at 
least five comparison tests in two of three specified emission ranges. 
CARB's ATCM at 17 California Code of Regulations section 
93120.9(a)(2)(B)(3) specifies the three emission ranges as (1) low--for 
products demonstrating formaldehyde emissions of less than 0.07 parts 
per million (ppm); (2) intermediate--for products demonstrating 
formaldehyde emissions from 0.07 ppm to less than 0.15 ppm; and (3) 
upper--for products demonstrating formaldehyde emissions from 0.15 ppm 
to 0.25 ppm (Ref 2). The current TSCA Title VI regulation does not 
require demonstration of equivalence across separate emission ranges as 
the CARB ATCM Phase II program does; rather, the TSCA Title VI 
regulation requires that a minimum of five comparison sets are required 
to represent the range of product emissions a TPC expects to certify. 
EPA is proposing to align with CARB's ATCM and their requirement for 
ten comparison tests, consisting of five comparison tests in two of the 
three specified ranges (with a modification to the emission ranges and 
a modification to the requirement for demonstration across two ranges 
based on comments submitted by CARB) (see EPA-HQ-OPPT-2018-0174-0022).
    First, in the proposed emission ranges for the equivalence 
comparison tests under the TSCA Title VI regulation, EPA proposes to 
modify the values for the emission ranges from the current guidance 
under the CARB ATCM Phase II program. EPA understands that CARB intends 
to update their low emission range by changing the value to 
formaldehyde emissions of less than or equal to 0.05 ppm, which would 
change the intermediate range as well. This emission range corresponds 
to the emission standard for hardwood plywood. EPA is aware of several 
TPCs who only certify hardwood plywood and would prefer only 
demonstrating equivalence in this range. EPA agrees that the low range 
should be reserved for products that demonstrate formaldehyde emissions 
of less than or equal to 0.05 ppm, and this will require a 
corresponding adjustment to the intermediate range, which would begin 
with the value of formaldehyde emissions greater than 0.05 ppm instead 
of the current 0.07 ppm and cover those products with emissions up to 
0.15 ppm. The upper emission range would remain the same for TSCA Title 
VI TPCs and mills that choose to demonstrate equivalence of their 
apparatuses at this upper range.
    The second modification EPA is proposing in the TSCA Title VI 
regulation regarding testing emission ranges, which is a deviation from 
the current guidance under the CARB ATCM Phase II program, involves the 
requirement for demonstration of equivalence across two ranges if the 
TSCA Title VI TPC will only certify composite wood products in either 
the low or intermediate range, but not both. Regulated composite wood 
products emitting formaldehyde at a value meeting the upper emission 
range would not be compliant with the emission standards under the TSCA 
Title VI regulation. EPA is proposing that those TSCA Title VI TPCs who 
will only certify in one range may demonstrate equivalence for that 
range only, using at least five comparison tests to demonstrate 
equivalence in that range. TPCs certifying in two ranges would be 
required to conduct at least five comparison tests in each range--for a 
minimum number of ten comparison tests. The TSCA Title VI TPC would be 
restricted to only certifying product in this emission range if they 
choose to only demonstrate equivalence in one range (i.e., low, 
intermediate, or upper according to Sec.  770.20(d)(1)(iv)(A) through 
(C)). EPA is proposing to codify this in the TSCA Title VI regulation.
    f. Determination of equivalence only if mill uses TSCA Title VI TPC 
for all testing. EPA is proposing to amend Sec.  770.20(d) to clarify 
that mills that do not perform any testing on-site at the mill and 
instead use their TSCA Title VI TPC for all quarterly and quality 
control testing would not be required to establish correlation as they 
are already using a TSCA Title VI TPC ASTM E1333-14 apparatus, or an 
ASTM D6007-14 apparatus that has demonstrated equivalence. Stakeholders 
have noted that when a panel producer uses the TSCA Title VI TPC for 
all

[[Page 54896]]

testing under the TSCA Title VI regulation, they are using either an 
ASTM E1333-14 or equivalent ASTM D6007-14 testing apparatus which as 
the rule is currently written could lead one to interpret that the test 
chamber must be correlated to itself. The EPA's posted guidance on this 
issue in the form of a frequently asked question on the Agency's 
formaldehyde homepage noted that the ASTM D6007-14 test apparatus that 
shows equivalence to the TSCA Title VI TPCs ASTM E1333-14 test 
apparatus according to Sec.  770.20(d) would necessarily show 
correlation to itself under Sec.  770.20(d)(2) and could be used as a 
quality control test method without additional correlation testing (Ref 
1). EPA is proposing to codify this interpretation of the TSCA Title VI 
regulation.
    g. Correlation coefficients and ``r'' values. EPA is proposing to 
amend Sec.  770.20(d)(2) to expand the options for TSCA Title VI TPCs 
and mills in establishing correlation coefficients and ``r'' values 
beyond the linear regression model currently required by the TSCA Title 
VI regulations, in order to include the CARB ATCM Phase II approved 
cluster approach (also known as the point of origin approach in 
practice) and threshold approach. CARB's alternative correlation 
coefficient and ``r'' value method guidance document (CWP-10-001 [June 
8, 2010]) outlines these two additional approaches for how TPCs 
certifying composite wood products under the CARB ATCM Phase II program 
may show correlation (Ref 3). EPA is proposing the addition of rule 
provisions for the ``cluster approach'' and ``threshold approach'' in 
Sec.  770.20(d)(2)(i) and updating the requirement for certification at 
Sec.  770.15(c)(1)(vii) and Sec.  770.15(c)(2)(v). The addition of 
these approaches will aid TSCA Title VI TPCs in meeting the correlation 
requirements for manufacturers producing low formaldehyde-emitting 
products. Although the cluster approach uses the same linear regression 
line and ``r'' values listed at Sec.  770.20(d)(2)(ii), the threshold 
approach does not. The threshold approach creates a ``do not exceed 
limit'' for composite wood products which provides a margin of safety 
relative to the maximum value of the data point clusters which are 
achieved through the use of the existing linear regression testing or 
the cluster approach.
    h. Notifications of exceedance of quality control limit (QCL). EPA 
is proposing an amendment at Sec.  770.7(c)(4)(v)(C) to clarify that 
notification of a non-complying lot through the EPA's Central Data 
Exchange system by a TSCA Title VI TPC will be required within 72 hours 
of the time when the TSCA Title VI TPC is notified of the third QCL 
exceedance by a panel producer. EPA views this as a minor editorial 
clarification that would amend the rule text such that the requirement 
reads the way EPA had originally intended.
    i. No-added formaldehyde (NAF)-based resin and ultra-low-emitting 
formaldehyde (ULEF) resin testing requirements. EPA is proposing the 
amendment of the NAF and ULEF testing requirements to align with the 
CARB ATCM Phase II program. The TSCA Title VI final rule requires that 
under the NAF requirements at Sec.  770.17 a minimum of five tests be 
conducted pursuant to the NAF two-year exemption application while 
CARB's TPC Bulletin 1 notes that 13 tests are the minimum permitted for 
a limited exemption (Ref 4). Additionally, the TSCA Title VI final rule 
requires that under the ULEF requirements at Sec.  770.18, a minimum of 
ten tests be conducted pursuant to the ULEF two-year exemption or 
reduced testing application while CARB's TPC Bulletin 1 notes that 26 
tests are the minimum permitted for a limited exemption (Ref 4). 
Stakeholders note that although EPA will accept existing CARB executive 
orders for NAF and ULEF products from panel producers in good standing 
as outlined in Sec.  770.17(d) and Sec.  770.18(e), the two programs 
are not equal in the number of samples required, and the CARB ATCM 
Phase II program requires more samples. To promote regulatory 
consistency between the two programs, the EPA is proposing to adopt the 
CARB-required 13 tests for NAF and 26 tests for ULEF applications under 
the TSCA Title VI NAF two-year exemption application and ULEF two-year 
exemption or reduced testing application. The Agency does not believe 
this amendment will alter in any significant way how TSCA Title VI TPCs 
and panel producers currently conduct testing under the CARB ATCM Phase 
II or TSCA Title VI program, as EPA allows the use of equal or more 
stringent testing approaches (i.e., more tests) and it is EPA's 
understanding that TSCA Title VI TPCs have continued to conduct testing 
the same way they have done for years under the CARB ATCM Phase II 
program.
    j. Voluntary Consensus Standards incorporated by reference at Sec.  
770.99. EPA is proposing to update the references for two International 
Organization for Standardization (ISO)/International Electrotechnical 
Commission (IEC) voluntary consensus standards that were incorporated 
by reference in the December 12, 2016 final rule. Although these 
standards have been updated since the December 12, 2016 final rule was 
published, they were updated after the Agency proposed to update other 
voluntary consensus standards in an October 25, 2017 notice of proposed 
rulemaking (see 82 FR 49302). Table 1 in this Unit outlines the 
voluntary consensus standards that would be updated in this proposal 
and the respective updated versions. All other standards in the 
formaldehyde emission standards for composite wood products regulations 
will continue to be incorporated by reference as they appear in the 
existing regulation.

                                Table 1--Voluntary Consensus Standards Comparison
----------------------------------------------------------------------------------------------------------------
                                                                                     Update to be promulgated
 Current standard established by final                                               effective [30 days from
           rule (81 FR 89674)                            Status                  publication of Federal Register
                                                                                  notice of proposed rulemaking]
----------------------------------------------------------------------------------------------------------------
ISO/IEC 17025-2005(E) General            Updated version.......................  ISO/IEC 17025:2017(E) General
 requirements for the competence of                                               requirements for the
 testing and calibration laboratories.                                            competence of testing and
                                                                                  calibration laboratories.
ISO/IEC 17011-2004(E) Conformity         Updated version.......................  ISO/IEC 17011:2017(E)
 assessments--General requirements for                                            Conformity assessments--
 accreditation bodies accrediting                                                 requirements for accreditation
 conformity assessments bodies.                                                   bodies accrediting conformity
                                                                                  assessments bodies.
----------------------------------------------------------------------------------------------------------------

    EPA proposes to adopt the updated versions of the standards 
referenced in Table 1. Specifically, EPA proposes to revise the current 
references to sections 7.5 to 7.11 of the 2004 version of ISO/IEC 17011 
to the corresponding sections 7.4 to 7.13 of the 2017 version. As well, 
EPA proposes to revise the current reference to section 7.11 of the 
2004

[[Page 54897]]

version of ISO/IEC 17011 to the corresponding section 7.9 of the 2017 
version. EPA also understands that stakeholders prefer to use the 
current versions of the standards in both regulatory and non-regulatory 
programs stakeholders are involved with in their capacity as 
accreditation bodies or TPCs. 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.
    k. Clarification in the non-complying lot provisions. Stakeholders 
requested clarity on the intent of the non-complying lot provisions at 
Sec.  770.22 and how those provisions might apply to fabricators, 
importers, retailers or distributors who are notified by panel 
producers that a composite wood product they were supplied is found to 
be non-compliant after those composite wood products have been further 
fabricated into component parts or finished goods. The Agency 
previously posted guidance on this issue in the form of frequently 
asked questions on the Agency's formaldehyde homepage. The guidance 
outlines the requirements for all entities in the supply chain and 
makes clear that, if the panel is still in panel form, the entity in 
possession of the non-compliant panel is to work with the panel 
producer to isolate, treat, and retest the panels, as needed. If the 
panels from the non-complying lot have been incorporated into component 
parts or finished goods, the remainder of Sec.  770.22 does not apply 
beyond when those panels were fabricated into the component parts or 
finished goods (Ref 5).
    EPA notes that the regulatory intent behind the non-complying lot 
provisions at Sec.  770.22 was to manage those non-compliant composite 
wood products in their panel form and not after those panels have been 
fabricated into component parts or finished goods. EPA understands that 
it would be a significant tracking burden for fabricators to determine 
exactly which component parts or finished goods those panels may have 
been fabricated into and, therefore, impractical from a chain of 
custody management approach. As such, the Agency proposes to include 
the clarifying guidance in Sec.  770.22 to make clear the initial 
regulatory intent of the December 12, 2016 final rule and promote 
regulatory certainty.
    l. Labels on regulated composite wood products and finished goods 
containing composite wood products at point of manufacture, 
fabrication, and/or import. EPA is proposing to clarify in Sec.  770.45 
that regulated composite wood products and finished goods containing 
composite wood products must be labeled at the point of manufacture or 
fabrication, and if imported, the label must be affixed to the product 
as a condition of entry into the port. Under TSCA, the term 
``manufacture'' includes import, meaning that regulated composite wood 
products or finished goods containing such products imported into the 
customs territory of the U.S. must be accompanied at the time of import 
by a label as required by Sec.  770.45 and this proposed amendment 
would just clarify this requirement. It is the Agency's understanding 
that industry currently interprets and implements the Sec.  770.45 
labeling provision as EPA originally intended (and is now proposing to 
clarify).
    m. Labels on panels manufactured under NAF limited exemption at 
Sec.  770.17 and ULEF limited exemption at Sec.  770.18. EPA is 
proposing to clarify that panels manufactured under a limited exemption 
at Sec.  770.17 and Sec.  770.18 from certain final rule requirements 
or existing CARB executive orders for NAF and ULEF products from panel 
producers in good standing as outlined in Sec.  770.17(d) and Sec.  
770.18(e) may be labeled as TSCA Title VI ``compliant'' and need not 
read ``certified.'' EPA understands that the regulatory language at 
Sec.  770.45(a) requires the use of the term ``certified'' on composite 
wood products. For the purposes of panels made under a limited 
exemption at Sec.  770.17 and Sec.  770.18 or existing CARB executive 
orders, however, the use of the term ``compliant'' should be allowed as 
those panels have demonstrated they meet the emission standards and the 
exemption requirement; however, they are not ``certified'' in the same 
capacity that other composite wood products are due to the existing, 
limited exclusion from certification requirements under Sec.  770.15 
and Sec.  770.40(b).
    n. TSCA Title VI manufactured-by date. In the final rule, EPA also 
intends to conform the manufactured-by date in the Code of Federal 
Regulations to correspond to the manufactured-by date of June 1, 2018 
resulting from the court order announced by EPA in a Federal Register 
notice on April 4, 2018 (see 83 FR 14375). Specifically, EPA intends to 
replace December 12, 2018 with June 1, 2018 in Sec.  770.2(e) 
(introductory text), Sec.  770.2(e)(1), Sec.  770.2(e)(4), Sec.  
770.10(a), Sec.  770.12(a), Sec.  770.15(a), Sec.  770.30(b) 
(introductory text), and Sec.  770.30(c). For more information on the 
litigation and court order, please see 83 FR 14375.

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. 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 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. U.S. Environmental Protection Agency. Frequent Questions about 
Starting-up New Composite Wood Mills and the Use of Experimental 
Products and Resins. 2018. https://www.epa.gov/formaldehyde/frequent-questions-about-starting-new-composite-wood-mills-and-use-experimental.
2. California Air Resources Board. Airborne Toxic Control Measure to 
Reduce Formaldehyde Emissions from Composite Wood Products. Final 
Regulation Order. April 2008.
3. California Air Resources Board. Third Party Certification 
Guideline: Establishing a Correlation with an Acceptable Correlation 
Coefficient (``r'', Value). June 2010. https://www.arb.ca.gov/toxics/compwood/certifiers.htm.
4. California Air Resources Board. Third Party Certifier Bulletin 1 
(revised). August 2012. https://www.arb.ca.gov/toxics/compwood/certifiers.htm.
5. U.S. Environmental Protection Agency. Frequent Questions for 
Regulated Stakeholders about Implementing the Formaldehyde Standards 
for Composite Wood Products Act. 2018. https://www.epa.gov/formaldehyde/frequent-questions-regulated-stakeholders-about-implementing-formaldehyde-standards.

IV. 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 54898]]

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. As addressed in Unit II.A., 
this action would not significantly alter the TSCA Title VI regulations 
or supporting economic analysis for the December 12, 2016 final rule as 
published and will provide technical amendments to further align the 
EPA's TSCA Title VI program with the CARB ATCM Phase II program. 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 proposed rule would 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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern health or 
safety risks, such that the analysis required under section 5-501 of 
Executive Order 13045 has the potential to influence the regulation. As 
addressed in Unit II.A., this action would not significantly alter the 
December 12, 2016 final rule as published and proposes technical 
amendments to further align the EPA's TSCA Title VI program with the 
CARB ATCM Phase II program.

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) and 1 CFR 
Part 51

    This action involves technical standards. EPA is proposing the use 
of the following voluntary consensus standards issued by International 
Organization for Standardization/International Electrotechnical 
Commission:
    1. ISO/IEC 17011:2017(E) Conformity assessments--requirements for 
accreditation bodies accrediting conformity assessments bodies.
    2. ISO/IEC 17025:2017(E) General requirements for the competence of 
testing and calibration laboratories.
    Copies of the standards referenced in the proposed regulatory text 
at Sec.  770.3 and Sec.  770.7 have been placed in the docket for this 
proposed rule. You may also obtain copies of these standards from the 
International Organization for Standardization, 1, ch. de la Voie- 
Creuse, CP 56, CH-1211, Geneve 20, Switzerland, or by calling +41-22-
749-01-11, or at http://www.iso.org. 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: In the final rule, EPA intends to seek approval from the 
Director of the Federal Register for the incorporation by reference of 
the standards referenced in the final rule in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA has determined that this action will not have potential 
disproportionately high and adverse human health or environmental 
effects on minority, low-income or indigenous populations, as specified 
in Executive Order 12898 (59 FR 7629, February 16, 1994). The Agency 
presented the results of an environmental justice analysis in the 
December 12, 2016 TSCA Title VI final rule economic analysis (see EPA-
HQ-OPPT-2016-0461-0028) and determined that the final rule did not have 
disproportionately high and adverse human health or environmental 
effects on minority, low-income or indigenous populations. This action 
would not significantly alter the final rule or the environmental 
justice analysis. The environmental justice analysis monetized the 
benefits from reducing the number of cases of nasopharyngeal cancer and 
sensory irritation and included an environmental justice analysis that 
expanded on the primary benefits analysis by analyzing the monetized 
impacts specifically for minority and low-income populations. This 
action will propose technical amendments to further align the EPA's 
TSCA Title VI program with the CARB ATCM Phase II program.

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 16, 2018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator.

    Therefore, it is proposed that 40 CFR chapter I, subchapter R, of 
the Code of

[[Page 54899]]

Federal Regulations be amended as follows:

PART 770--[AMENDED]

0
 1. The authority citation for part 770 continues to read as follows:

    Authority: 15 U.S.C. 2697(d).

0
 2. In Sec.  [thinsp]770.2, revise paragraphs (e) introductory text and 
(e)(1) and (4) to read as follows:


Sec.  [thinsp]770.2  Effective dates.

    (e) Beginning June 1, 2018, all manufacturers (including 
importers), fabricators, suppliers, distributors, and retailers of 
composite wood products, and component parts or finished goods 
containing these materials, must comply with this part, subject to the 
following:
    (1) Beginning June 1, 2018, laminated product producers must comply 
with the requirements of this part that are applicable to fabricators.
* * * * *
    (4) Composite wood products manufactured (including imported) 
before June 1, 2018 may be sold, supplied, offered for sale, or used to 
fabricate component parts or finished goods at any time.
* * * * *


Sec.  770.3  [Amended]

0
3. In Sec.  [thinsp]770.3:
0
a. In the terms ``Assessment,'' ``Reassessment,'' ``TPC Laboratory,'' 
``Surveillance On-Site Assessment'' remove ``17011:2004(E)'' and add in 
its place ``17011:2017(E);'' and,
0
b. In the terms ``EPA TSCA Title VI Laboratory Accreditation Body or 
EPA TSCA Title VI Laboratory AB'' and ``TPC Laboratory,'' remove 
``17025:2005(E)'' and add in its place ``17025:2017(E).''
0
4. In Sec.  [thinsp]770.7:
0
a. In paragraphs (a)(1)(ii), (a)(5)(ii), (b)(1)(ii), (b)(5)(ii) remove 
``ISO/IEC 17011:2005(E)'' and add in its place ``ISO/IEC 
17011:2017(E);'' and,
0
b. In paragraphs (a)(5)(i)(F), (b)(1)(iii), (b)(5)(i), (b)(5)(i)(A), 
(c)(1)(ii), (c)(2)(iv), remove ``ISO/IEC 17025:2005(E)'' and add in its 
place ``ISO/IEC 17025:2017(E);'' and,
0
c. Revise paragraph (c)(4)(v)(C).
    The revision reads as follows:


Sec.  [thinsp]770.7  Third party certification.

* * * * *
    (c) * * *
    (4) * * *
    (v) * * *
    (C) Notification of a panel producer exceeding its established QCL 
for three consecutive quality control tests within 72 hours of the time 
that the TPC becomes aware of the third 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.  [thinsp]770.10, revise paragraph (a) to read as follows:


Sec.  [thinsp]770.10  Formaldehyde emission standards.

    (a) Except as otherwise provided in this part, the emission 
standards in this section apply to composite wood products sold, 
supplied, offered for sale, or manufactured (including imported) on or 
after June 1, 2018 in the United States. These emission standards apply 
regardless of whether the composite wood product is in the form of a 
panel, a component part, or incorporated into a finished good.
* * * * *
0
6. In Sec.  [thinsp]770.12, revise paragraph (a) to read as follows:


Sec.  [thinsp]770.12  Stockpiling.

    (a) The sale of stockpiled inventory of composite wood products, 
whether in the form of panels or incorporated into component parts or 
finished goods, is prohibited after June 1, 2018.
* * * * *
0
7. In Sec.  [thinsp]770.15, revise paragraphs (a), (c)(1)(vii) and 
(c)(2)(v) to read as follows:


Sec.  [thinsp]770.15  Composite wood product certification.

    (a) Beginning June 1, 2018, only certified composite wood products, 
whether in the form of panels or incorporated into component parts or 
finished goods, are permitted to be sold, supplied, offered for sale, 
or manufactured (including imported) in the United States, unless the 
product is specifically exempted by this part.
* * * * *
    (c) * * *
    (1) * * *
    (vii) Correlation data and linear regression equation (or, under 
the threshold approach, the correlation data and the upper limit); and
* * * * *
    (2) * * *
    (v) Correlation data and linear regression equation (or, under the 
threshold approach, the correlation data and the upper limit); and
* * * * *
0
8. In Sec.  [thinsp]770.17, revise paragraph (a)(4) to read as follows:


Sec.  [thinsp]770.17  No-added formaldehyde based resin.

    (a) * * *
    (4) Three months of routine quality control tests under Sec.  
770.20, including a showing of correlation in accordance with Sec.  
770.20(d)(2), totaling not less than thirteen quality control tests.
* * * * *
0
9. In Sec.  [thinsp]770.18, revise paragraph (a)(4) to read as follows:


Sec.  [thinsp]770.18  Ultra low-emitting formaldehyde based resins.

    (a) * * *
    (4) Six months of routine quality control tests under Sec.  770.20, 
including a showing of correlation in accordance with Sec.  
770.20(d)(2), totaling not less than twenty-six quality control tests.
* * * * *
0
10. In Sec.  [thinsp]770.20:
0
a. Add paragraph (c)(2)(iv);
0
b. Revise paragraphs (d) and (d)(1);
0
c. Add paragraphs (d)(1)(iv) and (d)(1)(iv)(A) through (C);
0
d. Revise paragraphs (d)(2) introductory text and (d)(2)(i); and
0
e. Add paragraphs (d)(2)(i)(A) and (B).
    The additions and revisions read as follows:


Sec.  [thinsp]770.20  Testing requirements.

* * * * *
    (c) * * *
    (2) * * *
    (iv) Test results may represent a single chamber value or, the 
average value of testing nine specimens representing evenly distributed 
portions of an entire panel. The nine specimens must be tested in 
groups of three specimens, resulting in three test values, which must 
be averaged to represent one data point for the panel those specimens 
represent.
* * * * *
    (d) Equivalence or correlation. Equivalence between ASTM E1333-14 
(incorporated by reference, see Sec.  770.99) and ASTM D6007-14 
(incorporated by reference, see Sec.  [thinsp]770.99) must be 
demonstrated by EPA TSCA Title VI TPCs at least once each year or 
whenever there is a significant change in equipment, procedure, or the 
qualifications of testing personnel, or reason to believe that the 
equivalence is no longer valid. Equivalence may be demonstrated between 
several similar model or size and construction ASTM E1333-14 
(incorporated by reference, see Sec.  770.99) and ASTM D6007-14 
(incorporated by reference, see Sec.  [thinsp]770.99) apparatuses 
located in the same EPA TSCA Title VI TPC laboratory. Once

[[Page 54900]]

equivalence has been established for three consecutive years, 
equivalence must be demonstrated every two years or whenever there is a 
significant change in equipment, procedure, or the qualifications of 
testing personnel. Correlation between ASTM E1333-14 (incorporated by 
reference, see Sec.  770.99) or, upon a showing of equivalence in 
accordance with paragraph (d) of this section, ASTM D6007-14 
(incorporated by reference, see Sec.  770.99) and any other test method 
used for quality control testing must be demonstrated by EPA TSCA Title 
VI TPCs or panel producers, respectively, before the certification of 
composite wood products, and then whenever there is a significant 
change in equipment, procedure, the qualifications of testing 
personnel, or reason to believe that the correlation is no longer 
valid. Correlation may be established between several similar model or 
size and construction mill quality control test methods defined in 
Sec.  770.20(b)(1) located at any one physical mill quality control 
testing laboratory to the EPA TSCA Title VI TPC's laboratory's ASTM 
E1333-14 (incorporated by reference, see Sec.  770.99) and/or ASTM 
D6007-14 (incorporated by reference, see Sec.  [thinsp]770.99) 
apparatus. If the TPC laboratory's ASTM E1333-14 or equivalent ASTM 
D6007-14 test chamber is used for panel producer quality control 
testing, no correlation as determined in Sec.  [thinsp]770.20(d)(2) 
would be required.
    (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 in each range tested by the TPC, 
which compare the results of the two methods. Equivalence must be 
demonstrated for any ranges listed in Sec.  [thinsp]770.20(d)(1)(iv) 
that represent the formaldehyde emissions of composite wood products 
tested by the TPC.
* * * * *
    (iv) Equivalence Ranges. EPA TSCA Title VI TPCs must demonstrate 
equivalence in at least two of the three formaldehyde emission ranges 
listed in (d)(1)(iv)(A) through (C) of this section unless the EPA TSCA 
Title VI TPC will only certify products in one range. If the EPA TSCA 
Title VI TPC will only certify products in one range, the EPA TSCA 
Title VI TPC may demonstrate equivalence in only that one range and 
would then be restricted to only certifying composite wood products in 
that range. Equivalence in one range must be demonstrated for at least 
five comparison sample sets in that range which compare the two 
methods.
    (A) Lower Range: Less than, or equal to 0.05 ppm.
    (B) Intermediate Range: Greater than 0.05 ppm to less than or equal 
to 0.15 ppm.
    (C) Upper Range: Greater than 0.15 to 0.25 ppm.
    (2) Correlation between ASTM E-1333-14 (incorporated by reference, 
see Sec.  [thinsp]770.99), or equivalent ASTM D6007-14 (incorporated by 
reference, see Sec.  [thinsp]770.99), and any quality control test 
method. Correlation must be demonstrated by establishing an acceptable 
correlation coefficient (``r'' value) or following the threshold 
approach at Sec.  770.20(d)(2)(i)(B).
    (i) Correlation. The correlation must be based on a minimum sample 
size of five data pairs and a simple linear regression (unless the 
threshold approach at Sec.  770.20(d)(2)(i)(B) is used) 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.
    (A) Cluster Approach. A panel producer may work with its EPA TSCA 
Title VI TPC to develop a correlation and linear regression between the 
TPC's ASTM E1333-14 (incorporated by reference, see Sec.  
[thinsp]770.99) or equivalent ASTM D6007-14 (incorporated by reference, 
see Sec.  [thinsp]770.99) test method and the panel producer's quality 
control method under Sec.  [thinsp]770.20(b). In the event of clustered 
test results, a panel producer may fit a line through a point near the 
origin (the intersection of the X and Y axes) and the average value of 
the clustered data pairs. The point near the origin should represent 
the value for the EPA TSCA Title VI TPC's ASTM E1333-14 (incorporated 
by reference, see Sec.  [thinsp]770.99) or equivalent ASTM D6007-14 
(incorporated by reference, see Sec.  [thinsp]770.99) test method and 
the panel producer's quality control method under Sec.  
[thinsp]770.20(b) when each testing apparatus is empty or when a very 
low emitting sample is tested. The average value of the clustered data 
pairs represents the average of a minimum of five data pairs that 
compare the test results of the EPA TSCA Title VI TPC's ASTM E1333-14 
(incorporated by reference, see Sec.  [thinsp]770.99) or equivalent 
ASTM D6007-14 (incorporated by reference, see Sec.  [thinsp]770.99) 
test method with the panel producer's quality control method under 
Sec.  [thinsp]770.20(b). The line between the point near the origin and 
the average value of the cluster provides the linear regression. This 
line may be used by the panel producer and TPC to develop a quality 
control limit for the product.
    (B) Threshold Approach. As an alternative to the linear regression 
and cluster approaches, a panel producer may use the average value of 
the clustered data pairs from the EPA TSCA Title VI TPC's ASTM E1333-14 
(incorporated by reference, see Sec.  [thinsp]770.99) or equivalent 
ASTM D6007-14 (incorporated by reference, see Sec.  [thinsp]770.99) 
test method and the panel producer's quality control method under Sec.  
[thinsp]770.20(b) as the quality control limit for the product. In this 
approach, no linear regression line is established. The average value 
would be assigned as the upper limit for production of the subject 
composite wood product, providing a margin of safety relative to the 
maximum value of the data cluster. This value, established as the 
quality control limit, must be below the applicable emission standard.
* * * * *
0
11. In Sec.  [thinsp]770.22, revise paragraph (c)(2)(i) and add 
paragraph (f)(1) to read as follows:


Sec.  [thinsp]770.22  Non-complying lots.

* * * * *
    (c) * * *
    (2) * * *
    (i) At least one test panel must be randomly selected so that it is 
representative of the entire non-complying lot and is not the top or 
bottom panel of a bundle. Panel sampling shall be conducted according 
to the quarterly testing procedure at Sec.  [thinsp]770.20(c)(2)(iv). 
The panel may be selected from properly stored samples set aside by the 
panel producer for retest in the event of a failure.
* * * * *
    (f) * * *
    (1) If a fabricator, importer, distributor, or retailer is notified 
that they have been supplied a non-complying lot after those composite 
wood products have been fabricated into component parts or finished 
goods, the notification requirement at paragraph (d)(1) of this section 
does not apply.
0
12. In Sec.  [thinsp]770.30, revise paragraphs (b) introductory text 
and (c) to read as follows:


Sec.  [thinsp]770.30  Importers, fabricators, distributors, and 
retailers.

* * * * *
    (b) Importers must demonstrate that they have taken reasonable 
precautions

[[Page 54901]]

by maintaining, for three years, bills of lading, invoices, or 
comparable documents that include a written statement from the supplier 
that the composite wood products, component parts, or finished goods 
are TSCA Title VI compliant or were produced before June 1, 2018 and by 
ensuring the following records are made available to EPA within 30 
calendar days of request:
* * * * *
    (c) Fabricators, distributors, and retailers must demonstrate that 
they have taken reasonable precautions by obtaining bills of lading, 
invoices, or comparable documents that include a written statement from 
the supplier that the composite wood products, component parts, or 
finished goods are TSCA Title VI compliant or that the composite wood 
products were produced before June 1, 2018.
* * * * *
0
13. In Sec.  [thinsp]770.45, revise paragraph (a) introductory text and 
add paragraph (f) to read as follows:


Sec.  [thinsp]770.45  Labeling.

    (a) Panels or bundles of panels that are imported, sold, supplied, 
or offered for sale in the United States must be labeled with the panel 
producer's name, the lot number, the number of the EPA TSCA Title VI 
TPC, and a statement that the products are TSCA Title VI certified (or, 
for products exempt from certain testing and certification pursuant to 
Sec. Sec.  770.17 or 770.18, a statement that the products are TSCA 
Title VI compliant). If a composite wood panel is not individually 
labeled, the panel producer, importer, distributor, fabricator, or 
retailer must have a method (e.g., color-coded edge marking) sufficient 
to identify the supplier of the panel and linking the information on 
the label to the products. This information must be made available to 
potential customers upon request. The label may be applied as a stamp, 
tag, or sticker.
* * * * *
    (f) All panels (or bundles of panels) and finished goods (or boxes 
or bundles containing finished goods) must be properly labeled pursuant 
to paragraphs (a), (b), and (c) of this section before being imported 
into the United States, except as provided in paragraph (e) of this 
section.
0
14. In Sec.  [thinsp]770.99, revise paragraphs (e)(1) and (3) to read 
as follows:


Sec.  [thinsp]770.99  Incorporation by reference.

* * * * *
    (e) * * *
    (1) ISO/IEC 17011:2017(E) Conformity assessments--requirements for 
accreditation bodies accrediting conformity assessments bodies (Second 
Edition), November 2017.
* * * * *
    (3) ISO/IEC 17025:2017(E) General requirements for the competence 
of testing and calibration laboratories (Third Edition), November 2017.
* * * * *
[FR Doc. 2018-23592 Filed 10-31-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                54892                Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules

                                                announcing the withdrawal of two                         document into the ‘‘Search’’ box and                   rulemakings that had not been finalized.
                                                proposed rules that published in the                     follow the prompts, and/or go to the                   As FDA removed many proposed rules
                                                Federal Register. These proposed rules                   Dockets Management Staff, 5630 Fishers                 not finalized, the Agency implemented
                                                are not currently considered viable                      Lane, Rm. 1061, Rockville, MD 20852.                   a process of reviewing existing proposed
                                                candidates for final action. FDA is                                                                             rules every 5 years.
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                taking this action because these                                                                                  As part of this process and the
                                                                                                         Madhusoodana Nambiar, Center for
                                                proposed rules need to be reconsidered                                                                          Agency’s regulatory reform initiative,
                                                                                                         Devices and Radiological Health, Food
                                                based on public comments received and                                                                           we continue to conduct reviews of
                                                new information developed after the                      and Drug Administration, 10903 New
                                                                                                         Hampshire Ave., Bldg. 66, Rm. 5518,                    existing proposed rules. The review
                                                publication of the proposed rules.                                                                              determines if the proposals are
                                                                                                         Silver Spring, MD 20993–0002, 301–
                                                DATES: As of November 1, 2018, the                                                                              outdated, unnecessary, or should be
                                                                                                         796–5837, Madhusoodana.Nambiar@
                                                proposed rules published on June 24,                     fda.hhs.gov.                                           revised to reduce regulatory burden
                                                2013, at 78 FR 37723, and October 17,                                                                           while allowing FDA to achieve our
                                                2016, at 81 FR 71415 are withdrawn.                      SUPPLEMENTARY INFORMATION:     In 1990,                public health mission and fulfill
                                                ADDRESSES: For access to the docket, go                  FDA began a process of periodically                    statutory obligations.
                                                to https://www.regulations.gov and                       conducting comprehensive reviews of                      As part of these efforts, FDA is
                                                insert the docket number found in                        its regulation process, including                      withdrawing the following proposed
                                                brackets in the heading of this                          reviewing the backlog of proposed                      rules:

                                                                                         Publication date,
                                                    Title of proposed rule                                                     Docket No.                                Reason for withdrawal
                                                                                      Federal Register citation

                                                1. Laser Products; Proposed           June 24, 2013, 78 FR            FDA–2011–N–0070 ...........       The proposed rule referenced an international per-
                                                  Amendment to Perform-                 37723.                                                            formance standard. That international standard is
                                                  ance Standard.                                                                                          now being revised to reflect advancements in tech-
                                                                                                                                                          nology. FDA wants to have the most current inter-
                                                                                                                                                          national standard as a reference before publishing a
                                                                                                                                                          final rule on laser products.
                                                2. Electronic Submission of           October 17, 2016, 81 FR         FDA–2016–N–2491 ...........       Several adverse comments challenged the proposed
                                                  Labeling for Certain                 71415.                                                             FDA-managed labeling database as being unduly
                                                  Home-Use Medical De-                                                                                    burdensome on both FDA and on industry, without
                                                  vices.                                                                                                  efficiently enhancing public health. Additionally, con-
                                                                                                                                                          cerns regarding the proposed format and potential
                                                                                                                                                          costs for industry to fully implement were also
                                                                                                                                                          raised. Based on the adverse comments, this rule-
                                                                                                                                                          making would benefit from being withdrawn at this
                                                                                                                                                          time and reconsidered. The Agency plans to recon-
                                                                                                                                                          sider its approach and solicit further public input at a
                                                                                                                                                          future date.



                                                   The withdrawal of these proposals                     ENVIRONMENTAL PROTECTION                               for regulated entities. These revisions to
                                                identified in this document does not                     AGENCY                                                 the existing rule would also streamline
                                                preclude the Agency from reinstituting                                                                          compliance programs and help to
                                                rulemaking concerning the issues                         40 CFR Part 770                                        ensure continued smooth transitions for
                                                addressed in the proposals listed in the                 [EPA–HQ–OPPT–2018–0174; FRL–9984–14]                   supply chains to comply with the
                                                chart. Should we decide to undertake                                                                            requirements associated with regulated
                                                                                                         RIN 2070–AK47                                          composite wood products.
                                                such rulemakings in the future, we will
                                                re-propose the actions and provide new                                                                          DATES: Comments must be received on
                                                                                                         Technical Issues—Formaldehyde
                                                opportunities for comment.                                                                                      or before December 3, 2018.
                                                                                                         Emission Standards for Composite
                                                Furthermore, this withdrawal of the                                                                             ADDRESSES: Submit your comments,
                                                                                                         Wood Products
                                                proposed rules is only intended to                                                                              identified by docket identification (ID)
                                                address the specific actions identified in               AGENCY:  Environmental Protection                      number EPA–HQ–OPPT–2018–0174, by
                                                this document, and not any other                         Agency (EPA).                                          one of the following methods:
                                                pending proposals that the Agency has                    ACTION: Proposed rule.                                   • Federal eRulemaking Portal: http://
                                                                                                                                                                www.regulations.gov. Follow the online
                                                issued or is considering. If you need                    SUMMARY:    EPA is proposing to amend                  instructions for submitting comments.
                                                additional information about the subject                 the regulations promulgated in a final                 Do not submit electronically any
                                                matter of the withdrawn proposed rules,                  rule that published in the Federal                     information you consider to be
                                                you may review the Agency’s website                      Register on December 12, 2016,                         Confidential Business Information (CBI)
                                                (https://www.fda.gov) for any current                    concerning formaldehyde emission                       or other information whose disclosure is
                                                information on the matter.                               standards for composite wood products.                 restricted by statute.
amozie on DSK3GDR082PROD with PROPOSALS1




                                                  Dated: October 29, 2018.                               EPA is publishing these proposed                         • Mail: Document Control Office
                                                Leslie Kux,
                                                                                                         amendments to address certain                          (7407M), Office of Pollution Prevention
                                                                                                         technical issues and to further align the              and Toxics (OPPT), Environmental
                                                Associate Commissioner for Policy.
                                                                                                         final rule requirements with the                       Protection Agency, 1200 Pennsylvania
                                                [FR Doc. 2018–23916 Filed 10–31–18; 8:45 am]             California Air Resources Board (CARB)                  Ave. NW, Washington, DC 20460–0001.
                                                BILLING CODE 4164–01–P                                   Airborne Toxic Control Measures                          • Hand Delivery: To make special
                                                                                                         (ATCM) Phase II program. Addressing                    arrangements for hand delivery or
                                                                                                         these technical issues would add clarity               delivery of boxed information, please


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                                                                     Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules                                           54893

                                                follow the instructions at http://                        • Travel trailer and camper                         Veneer Association, Kitchen Cabinet
                                                www.epa.gov/dockets/contacts.html.                      manufacturing (NAICS code 336214).                    Manufacturers Association, and various
                                                   Additional instructions on                             • Recreational vehicle (RV) dealers                 EPA recognized TSCA Title VI Third
                                                commenting or visiting the docket,                      (NAICS code 441210).                                  Party Certifiers (TSCA Title VI TPCs),
                                                along with more information about                         • Recreational vehicle merchant                     regarding a number of technical issues
                                                dockets generally, is available at http://              wholesalers (NAICS code 423110).                      with the testing and certification
                                                www.epa.gov/dockets.                                      • Engineering services (NAICS code                  provisions of the rule. Stakeholders
                                                FOR FURTHER INFORMATION CONTACT:                        541330).                                              have requested EPA consider amending
                                                   For technical information contact:                     • Testing laboratories (NAICS code                  certain provisions of the TSCA Title VI
                                                Todd Coleman, National Program                          541380).                                              regulations to improve regulatory clarity
                                                Chemicals Division, Office of Pollution                   • Administrative management and                     and further align the rule with the
                                                Prevention and Toxics, Environmental                    general management consulting services                California Air Resources Board (CARB)
                                                Protection Agency, 1200 Pennsylvania                    (NAICS code 541611).                                  Airborne Toxic Control Measures
                                                Ave. NW, Washington, DC 20460–0001;                       • All other professional, scientific,               (ATCM) Phase II program.
                                                telephone number: 202–564–1208;                         and technical services (NAICS code                    Correspondence from these industry
                                                email address: coleman.todd@epa.gov.                    541990).                                              stakeholders is included in the
                                                   For general information contact: The                   • All other support services (NAICS                 Supporting Documents section of the
                                                TSCA-Hotline, ABVI-Goodwill, 422                        code 561990).                                         docket for this action.
                                                South Clinton Ave., Rochester, NY                         • Business associations (NAICS code                    The Agency has taken other actions
                                                14620; telephone number: (202) 554–                     813910).                                              since publication of the December 12,
                                                1404; email address: TSCA-Hotline@                        • Professional organizations (NAICS                 2016 final rule to address other issues,
                                                epa.gov.                                                code 813920).                                         including allowing early labeling of
                                                                                                          If you have any questions regarding                 compliant composite wood products
                                                SUPPLEMENTARY INFORMATION:                                                                                    (see 82 FR 31922), extending the
                                                                                                        the applicability of this action, please
                                                I. General Information                                  consult the technical person listed                   compliance dates in the December 12,
                                                                                                        under FOR FURTHER INFORMATION                         2016 final rule (see 82 FR 44533 and 83
                                                A. Does this action apply to me?                                                                              FR 14375), and updating several
                                                                                                        CONTACT.
                                                   You may be affected by this proposed                                                                       voluntary consensus standard versions
                                                rule if you manufacture (including                      B. What should I consider as I prepare                as well as the equivalence provisions
                                                import), sell, supply, offer for sale, test,            my comments for EPA?                                  between the American Society for
                                                or work with the certification of                          1. Submitting CBI. Do not submit this              Testing and Materials (ASTM) E1333–14
                                                hardwood plywood, medium-density                        information to EPA through                            and ASTM D6007–14 test chambers (see
                                                fiberboard, particleboard, and/or                       regulations.gov or email. Clearly mark                82 FR 5340).
                                                products containing these composite                     the part or all of the information that                  2. June 28, 2018 Public Meeting on the
                                                wood materials in the United States.                    you claim to be CBI. For CBI                          Technical Issues. On May 24, 2018, the
                                                The following list of North American                    information in a disk or CD–ROM that                  Agency published a notice in the
                                                Industrial Classification System                        you mail to EPA, mark the outside of the              Federal Register (see 83 FR 24104)
                                                (NAICS) codes is not intended to be                     disk or CD–ROM as CBI and then                        announcing a public meeting at the EPA
                                                exhaustive, but rather provides a guide                 identify electronically within the disk or            headquarters office in Washington, DC
                                                to help readers determine whether this                  CD–ROM the specific information that                  (with remote access available) on June
                                                document applies to them. Potentially                   is claimed as CBI. In addition to one                 28, 2018 to discuss and obtain input on
                                                affected entities may include:                          complete version of the comment that                  the technical issues that stakeholders
                                                   • Veneer, plywood, and engineered                    includes information claimed as CBI, a                have raised since the December 12, 2016
                                                wood product manufacturing (NAICS                       copy of the comment that does not                     final rule. The publication of this notice
                                                code 3212).                                             contain the information claimed as CBI                also opened a 60-day public comment
                                                   • Manufactured home (mobile home)                    must be submitted for inclusion in the                period to allow the public time to
                                                manufacturing (NAICS code 321991).                      public docket. Information so marked                  submit any additional data, information,
                                                   • Prefabricated wood building                        will not be disclosed except in                       or comments for the Agency to consider
                                                manufacturing (NAICS code 321992).                      accordance with procedures set forth in               in developing this proposal.
                                                   • Furniture and related product                      40 CFR part 2.
                                                                                                                                                                 During the June 28, 2018 public
                                                manufacturing (NAICS code 337).                                                                               meeting, the Agency presented 11
                                                                                                           2. Tips for preparing your comments.
                                                   • Furniture merchant wholesalers                     When preparing and submitting your
                                                                                                                                                              technical issues and provided registered
                                                (NAICS code 42321).                                                                                           attendees the opportunity to comment
                                                                                                        comments, see the commenting tips at
                                                   • Lumber, plywood, millwork, and                     http://www.epa.gov/dockets/
                                                                                                                                                              on each issue and raise any additional
                                                wood panel merchant wholesalers                                                                               issues before the conclusion of the
                                                                                                        comments.html.
                                                (NAICS code 42331).                                                                                           meeting that had not been discussed. A
                                                   • Other construction material                        II. Background                                        transcript of this public meeting, letters,
                                                merchant wholesalers (NAICS code                                                                              correspondence, and background
                                                                                                        A. Comments Received on Technical
                                                423390), e.g., merchant wholesale                                                                             materials are also posted in the
                                                                                                        Issues
                                                distributors of manufactured homes                                                                            Supporting Documents section of the
                                                (i.e., mobile homes) and/or                                1. Stakeholder Feedback. Since the                 docket for this action.
amozie on DSK3GDR082PROD with PROPOSALS1




                                                prefabricated buildings.                                formaldehyde emission standards for                      The Agency received 8 comments
                                                   • Furniture stores (NAICS code 4421).                composite wood products final rule (see               during the 60-day comment period
                                                   • Building material and supplies                     89 FR 89674) was promulgated on                       opened for the public meeting. Those
                                                dealers (NAICS code 4441).                              December 12, 2016, EPA has received                   comments, in addition to the attendee
                                                   • Manufactured (mobile) home                         letters, inquiries, and general                       feedback during the June 28, 2018
                                                dealers (NAICS code 45393).                             correspondence from industry                          public meeting and the previously
                                                   • Motor home manufacturing (NAICS                    stakeholders, including the Composite                 submitted letters and correspondence
                                                code 336213).                                           Panel Association, Hardwood Plywood                   following the December 12, 2016 final


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                                                54894                Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules

                                                rule, have resulted in the identification               certified under the existing testing and              14 apparatus and any other approved
                                                of technical issues that the Agency is                  certification provisions of the rule. The             method for quality control testing. The
                                                considering and, in most cases,                         Agency received comments from a few                   CARB ATCM Phase II program requires
                                                addressing, by proposing to amend the                   stakeholders (see EPA–HQ–OPPT–                        that an initial correlation be established
                                                TSCA Title VI regulations in this                       2018–0174–0018, EPA–HQ–OPPT–                          between the ASTM E1333–14 apparatus
                                                proposed rule.                                          2018–0174–0020, and EPA–HQ–OPPT–                      (or contract laboratory’s ASTM E1333–
                                                   Because the Agency has already taken                 2018–0174–0022) requesting the Agency                 14 apparatus) or equivalent ASTM
                                                public comment for 60 days on the                       to provide more example approaches in                 D6007–14 apparatus and any other
                                                majority of technical issues after the                  the frequently asked questions.                       approved method for quality control
                                                Federal Register notice announcing the                  Stakeholders noted that there are other               testing, and then be reestablished only
                                                public meeting (see 83 FR 24104) and                    scenarios that could be used which are                when there is a significant change in the
                                                given that the commenters were                          not directly identified in the existing               operation at the mill or when there is a
                                                generally supportive of these changes,                  frequently asked questions. EPA                       reason to believe the correlation is no
                                                the comment period for this proposed                    understands the issue and notes that the              longer valid. Stakeholders have
                                                action will be 30 days. Furthermore, the                example approach used in the existing                 requested that EPA amend § 770.20(d) to
                                                Agency is considering the use of an                     frequently asked questions is just one of             align with the CARB ATCM Phase II
                                                immediate or 15-day effective date upon                 many possible approaches which would                  correlation requirement. CARB’s ATCM
                                                publication of the final rule to provide                be permitted under the TSCA Title VI                  requires panel producers to work with
                                                regulated stakeholders time to adjust                   regulations. So long as the TSCA Title                a TPC to develop an initial correlation.
                                                their certification programs before, or as              VI TPC and panel producer are                         CARB staff have noted that requiring
                                                close as possible to the March 22, 2019                 establishing a certification program that             subsequent correlations only on an as-
                                                TSCA Title VI rule’s CARB reciprocity                   complies with the TSCA Title VI                       needed basis (rather than requiring that
                                                end date (see 83 FR 14375). Certain of                  regulations, any such ‘‘example’’ or                  a correlation be redeveloped annually)
                                                the technical issues being proposed in                  ‘‘optional’’ approach could be used. It is            has not reduced the quality of testing
                                                this action would further align the                     the Agency’s understanding that there                 data or composite wood products
                                                TSCA Title VI program with the CARB                     could be numerous mill start up and                   meeting the emission standard under
                                                ATCM Phase II program and streamline                    restart scenarios, which would be a                   the CARB ATCM Phase II program.
                                                compliance for those entities currently                 challenge to accurately capture and                   CARB staff have also noted that should
                                                certifying under CARB’s program.                        develop rule provisions for without                   there be any issue with the validity of
                                                Stakeholders have noted that having the                 being inadvertently limiting in some                  the correlation, the panel producer and
                                                effective date for these amendments at                  way. The Agency believes the existing                 TPC would notice immediately as the
                                                or before the March 22, 2019 TSCA Title                 rule provisions and guidance it has                   results from quarterly and quality
                                                VI rule’s CARB Reciprocity date will                    already provided in the frequently asked              control testing would vary considerably
                                                ensure TPC program consistency and                      questions are adequate and flexible                   from what would be expected for any
                                                provide regulatory certainty as those                   enough to allow mills and TSCA Title                  given product type being tested.
                                                programs can continue to operate as                     VI TPCs to use their expertise and work               Stakeholders as well have expressed
                                                they have for years under the CARB                      together to develop timely approaches                 that the removal of the annual
                                                ATCM Phase II program.                                  that are tailored to their specific                   correlation requirement would result in
                                                B. What action is the Agency taking?                    scenarios and that ensure the                         a streamlined path to compliance while
                                                   a. Experimental resins and mill start-               manufacture of composite wood                         having no negative affect on the validity
                                                up and restart scenarios. The Agency is                 products which are compliant with the                 of the test data received from either the
                                                aware that the final rule does not                      rule. Accordingly, EPA is not proposing               TSCA Title VI TPC’s testing apparatus
                                                directly discuss provisions for                         new rule provisions for mill start-up                 nor the mill quality control testing
                                                composite wood product mills that are                   and restarts, or the use of new or                    method at § 770.20(b).
                                                starting up new operations, or mills that               otherwise experimental resins.                           c. Equivalence or correlation on like-
                                                are restarting operations after a                          b. Annual correlations between the                 size or similar sized apparatuses. EPA is
                                                cessation in production, which would                    third-party certifier ASTM E1333 or                   proposing an amendment to § 770.20(d)
                                                require working with a TSCA Title VI                    equivalent ASTM D6007 apparatus and                   to allow the TSCA Title VI TPC to use
                                                TPC to establish new correlations for                   any other mill quality control testing                their ASTM E1333–14 apparatus (or
                                                producing what was a previously                         method. EPA is proposing to amend the                 their contract laboratory’s ASTM
                                                certified product. Stakeholders asked                   rule by removing the requirement for                  E1333–14 apparatus) to demonstrate
                                                about this issue and requested the                      annual correlations at § 770.20(d). The               equivalence to multiple ASTM D6007–
                                                Agency provide guidance on it in                        rule currently requires a showing of                  14 apparatuses of a similar model or
                                                addition to guidance on a path for                      correlation between the TSCA Title VI                 size and construction located in the
                                                products transitioning from research                    TPC’s ASTM E1333–14 apparatus (or                     same TSCA Title VI TPC laboratory, or
                                                and development to regulated                            contract laboratory’s ASTM E1333–14                   contract laboratory. Similar model
                                                composite wood products.                                apparatus) or equivalent ASTM D6007–                  chambers would be those that are
                                                   On June 1, 2018, to address these two                14 apparatus and any other mill quality               manufactured by the same manufacturer
                                                issues, the EPA posted guidance in the                  control testing methods at § 770.20(b) on             and bear the same model number or
                                                form of frequently asked questions on                   an annual basis for the first three years             bear a model number that succeeds a
amozie on DSK3GDR082PROD with PROPOSALS1




                                                the Agency’s formaldehyde homepage                      after initial correlation establishment,              previous model number that has been
                                                (Ref 1). In these frequently asked                      and every two years thereafter to                     discontinued or otherwise is no longer
                                                questions, the Agency outlined an                       continue certifying composite wood                    being manufactured but would be
                                                example approach that could lead to                     products. The CARB ATCM Phase II                      deemed the equivalent by the
                                                prompt certification of composite wood                  program does not require annual                       manufacturer. Similar size and
                                                products for start-up or restarting mills               correlations between the TPC (or                      construction chambers would have an
                                                and products transitioning from                         contract laboratory) ASTM E1333–14                    identical chamber volume capacity and
                                                research and development to be                          apparatus or equivalent ASTM D6007–                   be constructed in a way that would


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                                                                     Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules                                          54895

                                                result in the same sample holding                          CARB does not address the averaging                emission standard for hardwood
                                                capacity and operational parameters                     of test results for quality control testing           plywood. EPA is aware of several TPCs
                                                (e.g., airflow speed, time to conduct                   in the ATCM program. EPA is not                       who only certify hardwood plywood
                                                testing, etc.) as another chamber, but                  proposing an update to the quality                    and would prefer only demonstrating
                                                need not be made by the same                            control testing requirements; rather EPA              equivalence in this range. EPA agrees
                                                manufacturer. The Agency understands                    is proposing to explicitly allow                      that the low range should be reserved
                                                that CARB has allowed a similar                         averaging of data generated for quarterly             for products that demonstrate
                                                approach under the ATCM Phase II                        testing and non-complying lot retesting.              formaldehyde emissions of less than or
                                                program and there has been no negative                  EPA believes that this added clarity will             equal to 0.05 ppm, and this will require
                                                impact on generation of data to                         assist TSCA Title VI TPCs and panel                   a corresponding adjustment to the
                                                demonstrate valid equivalence between                   producers in testing composite wood                   intermediate range, which would begin
                                                test methods.                                           products in the same capacity that they               with the value of formaldehyde
                                                   EPA is also proposing to update the                  have been testing under the CARB                      emissions greater than 0.05 ppm instead
                                                correlation requirement at § 770.20(d) to               ATCM, and that this amendment will                    of the current 0.07 ppm and cover those
                                                allow multiple similar model or size                    not reduce test data quality.                         products with emissions up to 0.15
                                                and construction mill quality control                      e. Equivalence testing emission                    ppm. The upper emission range would
                                                test method apparatuses located at any                  ranges. EPA is proposing to update the                remain the same for TSCA Title VI TPCs
                                                one physical mill quality control testing               requirement at § 770.20(d) for TSCA                   and mills that choose to demonstrate
                                                laboratory to demonstrate correlation to                Title VI TPCs to demonstrate                          equivalence of their apparatuses at this
                                                the TSCA Title VI TPC test apparatus as                 equivalence under specified emission                  upper range.
                                                required under § 770.20(d) in the same                  ranges. The CARB ATCM specifies that                     The second modification EPA is
                                                capacity as the amended equivalence                     ten comparison tests must be                          proposing in the TSCA Title VI
                                                allowance. Although not currently                       conducted, consisting of at least five                regulation regarding testing emission
                                                discussed in the CARB ATCM Phase II                     comparison tests in two of three                      ranges, which is a deviation from the
                                                program, stakeholders note that some                    specified emission ranges. CARB’s                     current guidance under the CARB
                                                mills have multiple quality control                     ATCM at 17 California Code of                         ATCM Phase II program, involves the
                                                testing apparatuses of the same or like                 Regulations section 93120.9(a)(2)(B)(3)               requirement for demonstration of
                                                model at each mill location, and being                  specifies the three emission ranges as (1)            equivalence across two ranges if the
                                                                                                        low—for products demonstrating                        TSCA Title VI TPC will only certify
                                                able to establish correlations to like
                                                                                                        formaldehyde emissions of less than                   composite wood products in either the
                                                model or size and construction
                                                                                                        0.07 parts per million (ppm); (2)                     low or intermediate range, but not both.
                                                apparatuses located at any one physical
                                                                                                        intermediate—for products                             Regulated composite wood products
                                                mill location would streamline
                                                                                                        demonstrating formaldehyde emissions                  emitting formaldehyde at a value
                                                compliance while having no impact on
                                                                                                        from 0.07 ppm to less than 0.15 ppm;                  meeting the upper emission range
                                                data quality and quality control testing.
                                                                                                        and (3) upper—for products                            would not be compliant with the
                                                EPA is proposing to codify this
                                                                                                        demonstrating formaldehyde emissions                  emission standards under the TSCA
                                                interpretation of the TSCA Title VI
                                                                                                        from 0.15 ppm to 0.25 ppm (Ref 2). The                Title VI regulation. EPA is proposing
                                                regulation.
                                                                                                        current TSCA Title VI regulation does                 that those TSCA Title VI TPCs who will
                                                   d. Averaging of emission test results                not require demonstration of                          only certify in one range may
                                                during quarterly and non-complying lot                  equivalence across separate emission                  demonstrate equivalence for that range
                                                testing. EPA is proposing to add                        ranges as the CARB ATCM Phase II                      only, using at least five comparison tests
                                                subparagraph (iv) to § 770.20(c)(2) and                 program does; rather, the TSCA Title VI               to demonstrate equivalence in that
                                                amend subparagraph (i) at § 770.22(c)(2)                regulation requires that a minimum of                 range. TPCs certifying in two ranges
                                                to align with the CARB ATCM Phase II                    five comparison sets are required to                  would be required to conduct at least
                                                program regarding averaging test results                represent the range of product emissions              five comparison tests in each range—for
                                                during quarterly testing and non-                       a TPC expects to certify. EPA is                      a minimum number of ten comparison
                                                complying lot retesting. CARB’s                         proposing to align with CARB’s ATCM                   tests. The TSCA Title VI TPC would be
                                                approved method for test results                        and their requirement for ten                         restricted to only certifying product in
                                                averaging accounts for formaldehyde                     comparison tests, consisting of five                  this emission range if they choose to
                                                emission variability across any one                     comparison tests in two of the three                  only demonstrate equivalence in one
                                                composite wood product panel while                      specified ranges (with a modification to              range (i.e., low, intermediate, or upper
                                                ensuring the products still meet the                    the emission ranges and a modification                according to § 770.20(d)(1)(iv)(A)
                                                applicable emission standards. CARB’s                   to the requirement for demonstration                  through (C)). EPA is proposing to codify
                                                method at 17 California Code of                         across two ranges based on comments                   this in the TSCA Title VI regulation.
                                                Regulations section 93120.9(a)(2)(A) and                submitted by CARB) (see EPA–HQ–                          f. Determination of equivalence only if
                                                (B)(2) and Appendix 2 (g)(8) of its                     OPPT–2018–0174–0022).                                 mill uses TSCA Title VI TPC for all
                                                regulations includes allowing nine                         First, in the proposed emission ranges             testing. EPA is proposing to amend
                                                subsamples from any one panel to be                     for the equivalence comparison tests                  § 770.20(d) to clarify that mills that do
                                                collected and tested in an ASTM                         under the TSCA Title VI regulation,                   not perform any testing on-site at the
                                                E1333–14 or equivalent ASTM D6007–                      EPA proposes to modify the values for                 mill and instead use their TSCA Title VI
                                                14 apparatus in groups of three,                        the emission ranges from the current                  TPC for all quarterly and quality control
amozie on DSK3GDR082PROD with PROPOSALS1




                                                resulting in three test values, which are               guidance under the CARB ATCM Phase                    testing would not be required to
                                                then averaged to obtain one final value                 II program. EPA understands that CARB                 establish correlation as they are already
                                                that accounts for emission variability                  intends to update their low emission                  using a TSCA Title VI TPC ASTM
                                                across that one panel (Ref 2). Under                    range by changing the value to                        E1333–14 apparatus, or an ASTM
                                                these requirements, the nine subsamples                 formaldehyde emissions of less than or                D6007–14 apparatus that has
                                                should be evenly distributed and                        equal to 0.05 ppm, which would change                 demonstrated equivalence. Stakeholders
                                                represent similar sizes to one another as               the intermediate range as well. This                  have noted that when a panel producer
                                                they are collected from any one panel.                  emission range corresponds to the                     uses the TSCA Title VI TPC for all


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                                                54896                Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules

                                                testing under the TSCA Title VI                         same linear regression line and ‘‘r’’                  panel producers in good standing as
                                                regulation, they are using either an                    values listed at § 770.20(d)(2)(ii), the               outlined in § 770.17(d) and § 770.18(e),
                                                ASTM E1333–14 or equivalent ASTM                        threshold approach does not. The                       the two programs are not equal in the
                                                D6007–14 testing apparatus which as                     threshold approach creates a ‘‘do not                  number of samples required, and the
                                                the rule is currently written could lead                exceed limit’’ for composite wood                      CARB ATCM Phase II program requires
                                                one to interpret that the test chamber                  products which provides a margin of                    more samples. To promote regulatory
                                                must be correlated to itself. The EPA’s                 safety relative to the maximum value of                consistency between the two programs,
                                                posted guidance on this issue in the                    the data point clusters which are                      the EPA is proposing to adopt the
                                                form of a frequently asked question on                  achieved through the use of the existing               CARB-required 13 tests for NAF and 26
                                                the Agency’s formaldehyde homepage                      linear regression testing or the cluster               tests for ULEF applications under the
                                                noted that the ASTM D6007–14 test                       approach.                                              TSCA Title VI NAF two-year exemption
                                                apparatus that shows equivalence to the                    h. Notifications of exceedance of                   application and ULEF two-year
                                                TSCA Title VI TPCs ASTM E1333–14                        quality control limit (QCL). EPA is                    exemption or reduced testing
                                                test apparatus according to § 770.20(d)                 proposing an amendment at                              application. The Agency does not
                                                would necessarily show correlation to                   § 770.7(c)(4)(v)(C) to clarify that                    believe this amendment will alter in any
                                                itself under § 770.20(d)(2) and could be                notification of a non-complying lot                    significant way how TSCA Title VI
                                                used as a quality control test method                   through the EPA’s Central Data                         TPCs and panel producers currently
                                                without additional correlation testing                  Exchange system by a TSCA Title VI                     conduct testing under the CARB ATCM
                                                (Ref 1). EPA is proposing to codify this                TPC will be required within 72 hours of                Phase II or TSCA Title VI program, as
                                                interpretation of the TSCA Title VI                     the time when the TSCA Title VI TPC                    EPA allows the use of equal or more
                                                regulation.                                             is notified of the third QCL exceedance
                                                                                                                                                               stringent testing approaches (i.e., more
                                                   g. Correlation coefficients and ‘‘r’’                by a panel producer. EPA views this as
                                                                                                                                                               tests) and it is EPA’s understanding that
                                                values. EPA is proposing to amend                       a minor editorial clarification that
                                                                                                                                                               TSCA Title VI TPCs have continued to
                                                § 770.20(d)(2) to expand the options for                would amend the rule text such that the
                                                                                                                                                               conduct testing the same way they have
                                                TSCA Title VI TPCs and mills in                         requirement reads the way EPA had
                                                                                                                                                               done for years under the CARB ATCM
                                                establishing correlation coefficients and               originally intended.
                                                ‘‘r’’ values beyond the linear regression                  i. No-added formaldehyde (NAF)-                     Phase II program.
                                                model currently required by the TSCA                    based resin and ultra-low-emitting                        j. Voluntary Consensus Standards
                                                Title VI regulations, in order to include               formaldehyde (ULEF) resin testing                      incorporated by reference at § 770.99.
                                                the CARB ATCM Phase II approved                         requirements. EPA is proposing the                     EPA is proposing to update the
                                                cluster approach (also known as the                     amendment of the NAF and ULEF                          references for two International
                                                point of origin approach in practice) and               testing requirements to align with the                 Organization for Standardization (ISO)/
                                                threshold approach. CARB’s alternative                  CARB ATCM Phase II program. The                        International Electrotechnical
                                                correlation coefficient and ‘‘r’’ value                 TSCA Title VI final rule requires that                 Commission (IEC) voluntary consensus
                                                method guidance document (CWP–10–                       under the NAF requirements at § 770.17                 standards that were incorporated by
                                                001 [June 8, 2010]) outlines these two                  a minimum of five tests be conducted                   reference in the December 12, 2016 final
                                                additional approaches for how TPCs                      pursuant to the NAF two-year                           rule. Although these standards have
                                                certifying composite wood products                      exemption application while CARB’s                     been updated since the December 12,
                                                under the CARB ATCM Phase II                            TPC Bulletin 1 notes that 13 tests are the             2016 final rule was published, they
                                                program may show correlation (Ref 3).                   minimum permitted for a limited                        were updated after the Agency proposed
                                                EPA is proposing the addition of rule                   exemption (Ref 4). Additionally, the                   to update other voluntary consensus
                                                provisions for the ‘‘cluster approach’’                 TSCA Title VI final rule requires that                 standards in an October 25, 2017 notice
                                                and ‘‘threshold approach’’ in                           under the ULEF requirements at                         of proposed rulemaking (see 82 FR
                                                § 770.20(d)(2)(i) and updating the                      § 770.18, a minimum of ten tests be                    49302). Table 1 in this Unit outlines the
                                                requirement for certification at                        conducted pursuant to the ULEF two-                    voluntary consensus standards that
                                                § 770.15(c)(1)(vii) and § 770.15(c)(2)(v).              year exemption or reduced testing                      would be updated in this proposal and
                                                The addition of these approaches will                   application while CARB’s TPC Bulletin                  the respective updated versions. All
                                                aid TSCA Title VI TPCs in meeting the                   1 notes that 26 tests are the minimum                  other standards in the formaldehyde
                                                correlation requirements for                            permitted for a limited exemption (Ref                 emission standards for composite wood
                                                manufacturers producing low                             4). Stakeholders note that although EPA                products regulations will continue to be
                                                formaldehyde-emitting products.                         will accept existing CARB executive                    incorporated by reference as they appear
                                                Although the cluster approach uses the                  orders for NAF and ULEF products from                  in the existing regulation.

                                                                                         TABLE 1—VOLUNTARY CONSENSUS STANDARDS COMPARISON
                                                                                                                                                                    Update to be promulgated
                                                  Current standard established by final rule (81 FR 89674)                     Status                effective [30 days from publication of Federal Register
                                                                                                                                                                  notice of proposed rulemaking]

                                                ISO/IEC 17025–2005(E) General requirements for the                    Updated version .........    ISO/IEC 17025:2017(E) General requirements for the
                                                  competence of testing and calibration laboratories.                                                competence of testing and calibration laboratories.
                                                ISO/IEC 17011–2004(E) Conformity assessments—Gen-                     Updated version .........    ISO/IEC 17011:2017(E) Conformity assessments—re-
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                                                  eral requirements for accreditation bodies accrediting                                             quirements for accreditation bodies accrediting con-
                                                  conformity assessments bodies.                                                                     formity assessments bodies.



                                                  EPA proposes to adopt the updated                     revise the current references to sections              7.4 to 7.13 of the 2017 version. As well,
                                                versions of the standards referenced in                 7.5 to 7.11 of the 2004 version of ISO/                EPA proposes to revise the current
                                                Table 1. Specifically, EPA proposes to                  IEC 17011 to the corresponding sections                reference to section 7.11 of the 2004



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                                                                     Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules                                              54897

                                                version of ISO/IEC 17011 to the                         composite wood products must be                       B. What is the Agency’s authority for
                                                corresponding section 7.9 of the 2017                   labeled at the point of manufacture or                taking this action?
                                                version. EPA also understands that                      fabrication, and if imported, the label
                                                stakeholders prefer to use the current                  must be affixed to the product as a                     These regulations are established
                                                versions of the standards in both                       condition of entry into the port. Under               under authority of section 601 of TSCA,
                                                regulatory and non-regulatory programs                                                                        15 U.S.C. 2697.
                                                                                                        TSCA, the term ‘‘manufacture’’ includes
                                                stakeholders are involved with in their                 import, meaning that regulated                        III. References
                                                capacity as accreditation bodies or                     composite wood products or finished
                                                TPCs. Any future versions or updates to                 goods containing such products                          The following is a listing of the
                                                withdrawn/superseded standards will                                                                           documents that are specifically
                                                                                                        imported into the customs territory of
                                                be announced by EPA through a                                                                                 referenced in this document. The docket
                                                                                                        the U.S. must be accompanied at the
                                                separate Federal Register document                                                                            includes these documents and other
                                                with opportunity for public comment.                    time of import by a label as required by
                                                                                                                                                              information considered by EPA,
                                                   k. Clarification in the non-complying                § 770.45 and this proposed amendment
                                                                                                                                                              including documents that are referenced
                                                lot provisions. Stakeholders requested                  would just clarify this requirement. It is
                                                                                                                                                              within the documents that are included
                                                clarity on the intent of the non-                       the Agency’s understanding that                       in the docket, even if the referenced
                                                complying lot provisions at § 770.22 and                industry currently interprets and                     document is not physically located in
                                                how those provisions might apply to                     implements the § 770.45 labeling                      the docket. For assistance in locating
                                                fabricators, importers, retailers or                    provision as EPA originally intended                  these other documents, please consult
                                                distributors who are notified by panel                  (and is now proposing to clarify).                    the technical person listed under FOR
                                                producers that a composite wood                            m. Labels on panels manufactured                   FURTHER INFORMATION CONTACT.
                                                product they were supplied is found to                  under NAF limited exemption at                        1. U.S. Environmental Protection Agency.
                                                be non-compliant after those composite                  § 770.17 and ULEF limited exemption at                    Frequent Questions about Starting-up
                                                wood products have been further
                                                                                                        § 770.18. EPA is proposing to clarify                     New Composite Wood Mills and the Use
                                                fabricated into component parts or                                                                                of Experimental Products and Resins.
                                                                                                        that panels manufactured under a
                                                finished goods. The Agency previously                                                                             2018. https://www.epa.gov/
                                                posted guidance on this issue in the                    limited exemption at § 770.17 and
                                                                                                                                                                  formaldehyde/frequent-questions-about-
                                                form of frequently asked questions on                   § 770.18 from certain final rule
                                                                                                                                                                  starting-new-composite-wood-mills-and-
                                                the Agency’s formaldehyde homepage.                     requirements or existing CARB                             use-experimental.
                                                The guidance outlines the requirements                  executive orders for NAF and ULEF                     2. California Air Resources Board. Airborne
                                                for all entities in the supply chain and                products from panel producers in good                     Toxic Control Measure to Reduce
                                                makes clear that, if the panel is still in              standing as outlined in § 770.17(d) and                   Formaldehyde Emissions from
                                                panel form, the entity in possession of                 § 770.18(e) may be labeled as TSCA                        Composite Wood Products. Final
                                                the non-compliant panel is to work with                 Title VI ‘‘compliant’’ and need not read                  Regulation Order. April 2008.
                                                the panel producer to isolate, treat, and               ‘‘certified.’’ EPA understands that the               3. California Air Resources Board. Third
                                                                                                                                                                  Party Certification Guideline:
                                                retest the panels, as needed. If the                    regulatory language at § 770.45(a)
                                                                                                                                                                  Establishing a Correlation with an
                                                panels from the non-complying lot have                  requires the use of the term ‘‘certified’’                Acceptable Correlation Coefficient (‘‘r’’,
                                                been incorporated into component parts                  on composite wood products. For the                       Value). June 2010. https://
                                                or finished goods, the remainder of                     purposes of panels made under a                           www.arb.ca.gov/toxics/compwood/
                                                § 770.22 does not apply beyond when                     limited exemption at § 770.17 and                         certifiers.htm.
                                                those panels were fabricated into the                   § 770.18 or existing CARB executive                   4. California Air Resources Board. Third
                                                component parts or finished goods (Ref                  orders, however, the use of the term                      Party Certifier Bulletin 1 (revised).
                                                5).                                                     ‘‘compliant’’ should be allowed as those                  August 2012. https://www.arb.ca.gov/
                                                   EPA notes that the regulatory intent                                                                           toxics/compwood/certifiers.htm.
                                                                                                        panels have demonstrated they meet the
                                                behind the non-complying lot                                                                                  5. U.S. Environmental Protection Agency.
                                                provisions at § 770.22 was to manage                    emission standards and the exemption                      Frequent Questions for Regulated
                                                those non-compliant composite wood                      requirement; however, they are not                        Stakeholders about Implementing the
                                                products in their panel form and not                    ‘‘certified’’ in the same capacity that                   Formaldehyde Standards for Composite
                                                after those panels have been fabricated                 other composite wood products are due                     Wood Products Act. 2018. https://
                                                                                                        to the existing, limited exclusion from                   www.epa.gov/formaldehyde/frequent-
                                                into component parts or finished goods.
                                                                                                        certification requirements under                          questions-regulated-stakeholders-about-
                                                EPA understands that it would be a                                                                                implementing-formaldehyde-standards.
                                                significant tracking burden for                         § 770.15 and § 770.40(b).
                                                fabricators to determine exactly which                     n. TSCA Title VI manufactured-by                   IV. Statutory and Executive Order
                                                component parts or finished goods those                 date. In the final rule, EPA also intends             Reviews
                                                panels may have been fabricated into                    to conform the manufactured-by date in
                                                and, therefore, impractical from a chain                                                                        Additional information about these
                                                                                                        the Code of Federal Regulations to                    statutes and Executive Orders can be
                                                of custody management approach. As                      correspond to the manufactured-by date
                                                such, the Agency proposes to include                                                                          found at http://www2.epa.gov/laws-
                                                                                                        of June 1, 2018 resulting from the court              regulations/laws-and-executive-orders.
                                                the clarifying guidance in § 770.22 to
                                                                                                        order announced by EPA in a Federal
                                                make clear the initial regulatory intent                                                                      A. Executive Order 12866: Regulatory
                                                                                                        Register notice on April 4, 2018 (see 83
                                                of the December 12, 2016 final rule and                                                                       Planning and Review and Executive
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                                                promote regulatory certainty.                           FR 14375). Specifically, EPA intends to
                                                                                                        replace December 12, 2018 with June 1,                Order 13563: Improving Regulation and
                                                   l. Labels on regulated composite wood                                                                      Regulatory Review
                                                products and finished goods containing                  2018 in § 770.2(e) (introductory text),
                                                composite wood products at point of                     § 770.2(e)(1), § 770.2(e)(4), § 770.10(a),              This action is not a significant
                                                manufacture, fabrication, and/or                        § 770.12(a), § 770.15(a), § 770.30(b)                 regulatory action and was therefore not
                                                import. EPA is proposing to clarify in                  (introductory text), and § 770.30(c). For             submitted to the Office of Management
                                                § 770.45 that regulated composite wood                  more information on the litigation and                and Budget (OMB) for review under
                                                products and finished goods containing                  court order, please see 83 FR 14375.                  Executive Orders 12866 and 13563.


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                                                54898                Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules

                                                B. Executive Order 13771: Reducing                      G. Executive Order 13175: Consultation                Constitution Ave. NW, Washington, DC.
                                                Regulations and Controlling Regulatory                  and Coordination With Indian Tribal                   The EPA/DC Public Reading Room
                                                Costs                                                   Governments                                           hours of operation are 8:30 a.m. to 4:30
                                                                                                          This action does not have tribal                    p.m., Monday through Friday, excluding
                                                  This action is not an Executive Order                                                                       legal holidays. The telephone number of
                                                                                                        implications as specified in Executive
                                                13771 regulatory action because this                                                                          the EPA/DC Public Reading room is
                                                                                                        Order 13175. This proposed rule would
                                                action is not significant under Executive                                                                     (202) 566–1744, and the telephone
                                                                                                        not impose substantial direct
                                                Order 12866.                                                                                                  number for the OPPT Docket is (202)
                                                                                                        compliance costs on Indian tribal
                                                C. Paperwork Reduction Act (PRA)                        governments. Thus, Executive Order                    566–0280. The following voluntary
                                                                                                        13175 does not apply to this action.                  consensus standards are being updated:
                                                  This action does not impose any new                                                                         In the final rule, EPA intends to seek
                                                information collection burden under the                 H. Executive Order 13045: Protection of               approval from the Director of the
                                                PRA, 44 U.S.C. 3501 et seq., because it                 Children From Environmental Health                    Federal Register for the incorporation by
                                                does not create any new reporting or                    Risks and Safety Risks                                reference of the standards referenced in
                                                recordkeeping obligations. OMB has                         EPA interprets Executive Order 13045               the final rule in accordance with 5
                                                previously approved the information                     (62 FR 19885, April 23, 1997) as                      U.S.C. 552(a) and 1 CFR part 51.
                                                collection activities contained in the                  applying only to those regulatory
                                                                                                                                                              K. Executive Order 12898: Federal
                                                existing regulations and has assigned                   actions that concern health or safety
                                                                                                                                                              Actions To Address Environmental
                                                OMB control number 2070–0185.                           risks, such that the analysis required
                                                                                                                                                              Justice in Minority Populations and
                                                                                                        under section 5–501 of Executive Order
                                                D. Regulatory Flexibility Act (RFA)                                                                           Low-Income Populations
                                                                                                        13045 has the potential to influence the
                                                                                                        regulation. As addressed in Unit II.A.,                  EPA has determined that this action
                                                   I certify that this action will not have
                                                                                                        this action would not significantly alter             will not have potential
                                                a significant economic impact on a
                                                                                                        the December 12, 2016 final rule as                   disproportionately high and adverse
                                                substantial number of small entities                    published and proposes technical
                                                under the RFA, 5 U.S.C. 601 et seq. In                                                                        human health or environmental effects
                                                                                                        amendments to further align the EPA’s                 on minority, low-income or indigenous
                                                making this determination, the impact                   TSCA Title VI program with the CARB
                                                of concern is any significant adverse                                                                         populations, as specified in Executive
                                                                                                        ATCM Phase II program.                                Order 12898 (59 FR 7629, February 16,
                                                economic impact on small entities. An
                                                agency may certify that a rule will not                 I. Executive Order 13211: Actions                     1994). The Agency presented the results
                                                have a significant economic impact on                   Concerning Regulations That                           of an environmental justice analysis in
                                                a substantial number of small entities if               Significantly Affect Energy Supply,                   the December 12, 2016 TSCA Title VI
                                                                                                        Distribution, or Use                                  final rule economic analysis (see EPA–
                                                the rule relieves regulatory burden, has
                                                                                                                                                              HQ–OPPT–2016–0461–0028) and
                                                no net burden or otherwise has a                           This action is not subject to Executive            determined that the final rule did not
                                                positive economic effect on the small                   Order 13211, because it is not a                      have disproportionately high and
                                                entities subject to the rule. As addressed              significant regulatory action under
                                                                                                                                                              adverse human health or environmental
                                                in Unit II.A., this action would not                    Executive Order 12866.
                                                                                                                                                              effects on minority, low-income or
                                                significantly alter the TSCA Title VI
                                                                                                        J. National Technology Transfer and                   indigenous populations. This action
                                                regulations or supporting economic
                                                                                                        Advancement Act (NTTAA) and 1 CFR                     would not significantly alter the final
                                                analysis for the December 12, 2016 final
                                                                                                        Part 51                                               rule or the environmental justice
                                                rule as published and will provide
                                                                                                           This action involves technical                     analysis. The environmental justice
                                                technical amendments to further align
                                                                                                        standards. EPA is proposing the use of                analysis monetized the benefits from
                                                the EPA’s TSCA Title VI program with
                                                                                                        the following voluntary consensus                     reducing the number of cases of
                                                the CARB ATCM Phase II program. This
                                                                                                        standards issued by International                     nasopharyngeal cancer and sensory
                                                action will relieve or have no net
                                                                                                        Organization for Standardization/                     irritation and included an
                                                regulatory burden for directly regulated
                                                                                                        International Electrotechnical                        environmental justice analysis that
                                                small entities.
                                                                                                        Commission:                                           expanded on the primary benefits
                                                E. Unfunded Mandates Reform Act                            1. ISO/IEC 17011:2017(E) Conformity                analysis by analyzing the monetized
                                                (UMRA)                                                  assessments—requirements for                          impacts specifically for minority and
                                                                                                        accreditation bodies accrediting                      low-income populations. This action
                                                   This action does not contain any                                                                           will propose technical amendments to
                                                                                                        conformity assessments bodies.
                                                unfunded mandate as described in                           2. ISO/IEC 17025:2017(E) General                   further align the EPA’s TSCA Title VI
                                                UMRA, 2 U.S.C. 1531–1538, and does                      requirements for the competence of                    program with the CARB ATCM Phase II
                                                not significantly or uniquely affect small              testing and calibration laboratories.                 program.
                                                governments. The action imposes no                         Copies of the standards referenced in
                                                enforceable duty on any state, local or                                                                       List of Subjects in 40 CFR Part 770
                                                                                                        the proposed regulatory text at § 770.3
                                                tribal governments or the private sector.               and § 770.7 have been placed in the                     Environmental protection,
                                                F. Executive Order 13132: Federalism                    docket for this proposed rule. You may                Formaldehyde, Incorporation by
                                                                                                        also obtain copies of these standards                 reference, Reporting and recordkeeping
                                                  This action does not have federalism                  from the International Organization                   requirements, Third-party certification,
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                                                implications as specified in Executive                  for Standardization, 1, ch. de la Voie-               Toxic substances, Wood.
                                                Order 13132. It will not have substantial               Creuse, CP 56, CH–1211, Geneve 20,                      Dated: October 16, 2018.
                                                direct effects on the states, on the                    Switzerland, or by calling +41–22–749–                Charlotte Bertrand,
                                                relationship between the national                       01–11, or at http://www.iso.org.
                                                                                                                                                              Acting Principal Deputy Assistant
                                                government and the states, or on the                    Additionally, each of these standards is              Administrator.
                                                distribution of power and                               available for inspection at the OPPT
                                                responsibilities among the various                      Docket in the EPA Docket Center (EPA/                   Therefore, it is proposed that 40 CFR
                                                levels of government.                                   DC) at Rm. 3334, EPA, West Bldg., 1301                chapter I, subchapter R, of the Code of


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                                                                     Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules                                            54899

                                                Federal Regulations be amended as                       The notice must include the product                   ■ 8. In § 770.17, revise paragraph (a)(4)
                                                follows:                                                type, dates of the quality control tests              to read as follows:
                                                                                                        that exceeded the QCL, quality control
                                                PART 770—[AMENDED]                                                                                            § 770.17    No-added formaldehyde based
                                                                                                        test results, ASTM E1333–14
                                                                                                                                                              resin.
                                                                                                        (incorporated by reference, see § 770.99)
                                                ■ 1. The authority citation for part 770                                                                        (a) * * *
                                                                                                        or ASTM D6007–14 method
                                                continues to read as follows:                                                                                   (4) Three months of routine quality
                                                                                                        (incorporated by reference, see § 770.99)
                                                    Authority: 15 U.S.C. 2697(d).                       correlative equivalent values in                      control tests under § 770.20, including a
                                                                                                        accordance with § 770.20(d), the                      showing of correlation in accordance
                                                ■ 2. In § 770.2, revise paragraphs (e)                                                                        with § 770.20(d)(2), totaling not less
                                                introductory text and (e)(1) and (4) to                 established QCL value(s) and the quality
                                                                                                        control method used.                                  than thirteen quality control tests.
                                                read as follows:
                                                                                                        *      *    *     *     *                             *     *     *     *     *
                                                § 770.2    Effective dates.                                                                                   ■ 9. In § 770.18, revise paragraph (a)(4)
                                                                                                        ■ 5. In § 770.10, revise paragraph (a) to
                                                  (e) Beginning June 1, 2018, all                       read as follows:                                      to read as follows:
                                                manufacturers (including importers),
                                                                                                        § 770.10 Formaldehyde emission                        § 770.18 Ultra low-emitting formaldehyde
                                                fabricators, suppliers, distributors, and                                                                     based resins.
                                                retailers of composite wood products,                   standards.
                                                                                                           (a) Except as otherwise provided in                  (a) * * *
                                                and component parts or finished goods
                                                                                                                                                                (4) Six months of routine quality
                                                containing these materials, must comply                 this part, the emission standards in this
                                                                                                                                                              control tests under § 770.20, including a
                                                with this part, subject to the following:               section apply to composite wood
                                                                                                                                                              showing of correlation in accordance
                                                  (1) Beginning June 1, 2018, laminated                 products sold, supplied, offered for sale,
                                                                                                                                                              with § 770.20(d)(2), totaling not less
                                                product producers must comply with                      or manufactured (including imported)
                                                                                                                                                              than twenty-six quality control tests.
                                                the requirements of this part that are                  on or after June 1, 2018 in the United
                                                applicable to fabricators.                              States. These emission standards apply                *     *     *     *    *
                                                                                                        regardless of whether the composite                   ■ 10. In § 770.20:
                                                *     *      *    *     *
                                                                                                        wood product is in the form of a panel,               ■ a. Add paragraph (c)(2)(iv);
                                                  (4) Composite wood products
                                                                                                                                                              ■ b. Revise paragraphs (d) and (d)(1);
                                                manufactured (including imported)                       a component part, or incorporated into
                                                                                                                                                              ■ c. Add paragraphs (d)(1)(iv) and
                                                before June 1, 2018 may be sold,                        a finished good.
                                                                                                                                                              (d)(1)(iv)(A) through (C);
                                                supplied, offered for sale, or used to                  *      *     *    *     *                             ■ d. Revise paragraphs (d)(2)
                                                fabricate component parts or finished                   ■ 6. In § 770.12, revise paragraph (a) to
                                                                                                                                                              introductory text and (d)(2)(i); and
                                                goods at any time.                                      read as follows:                                      ■ e. Add paragraphs (d)(2)(i)(A) and (B).
                                                *     *      *    *     *                               § 770.12    Stockpiling.                                The additions and revisions read as
                                                                                                                                                              follows:
                                                § 770.3   [Amended]                                        (a) The sale of stockpiled inventory of
                                                ■  3. In § 770.3:                                       composite wood products, whether in                   § 770.20    Testing requirements.
                                                ■  a. In the terms ‘‘Assessment,’’                      the form of panels or incorporated into               *      *     *     *    *
                                                ‘‘Reassessment,’’ ‘‘TPC Laboratory,’’                   component parts or finished goods, is                    (c) * * *
                                                ‘‘Surveillance On-Site Assessment’’                     prohibited after June 1, 2018.                           (2) * * *
                                                remove ‘‘17011:2004(E)’’ and add in its                 *      *     *     *     *                               (iv) Test results may represent a single
                                                place ‘‘17011:2017(E);’’ and,                           ■ 7. In § 770.15, revise paragraphs (a),              chamber value or, the average value of
                                                ■ b. In the terms ‘‘EPA TSCA Title VI                   (c)(1)(vii) and (c)(2)(v) to read as                  testing nine specimens representing
                                                Laboratory Accreditation Body or EPA                    follows:                                              evenly distributed portions of an entire
                                                TSCA Title VI Laboratory AB’’ and                                                                             panel. The nine specimens must be
                                                ‘‘TPC Laboratory,’’ remove                              § 770.15 Composite wood product
                                                                                                                                                              tested in groups of three specimens,
                                                ‘‘17025:2005(E)’’ and add in its place                  certification.
                                                                                                                                                              resulting in three test values, which
                                                ‘‘17025:2017(E).’’                                         (a) Beginning June 1, 2018, only                   must be averaged to represent one data
                                                ■ 4. In § 770.7:                                        certified composite wood products,                    point for the panel those specimens
                                                ■ a. In paragraphs (a)(1)(ii), (a)(5)(ii),              whether in the form of panels or                      represent.
                                                (b)(1)(ii), (b)(5)(ii) remove ‘‘ISO/IEC                 incorporated into component parts or
                                                                                                                                                              *      *     *     *    *
                                                17011:2005(E)’’ and add in its place                    finished goods, are permitted to be sold,
                                                                                                                                                                 (d) Equivalence or correlation.
                                                ‘‘ISO/IEC 17011:2017(E);’’ and,                         supplied, offered for sale, or
                                                                                                                                                              Equivalence between ASTM E1333–14
                                                ■ b. In paragraphs (a)(5)(i)(F), (b)(1)(iii),           manufactured (including imported) in
                                                                                                                                                              (incorporated by reference, see § 770.99)
                                                (b)(5)(i), (b)(5)(i)(A), (c)(1)(ii), (c)(2)(iv),        the United States, unless the product is
                                                                                                                                                              and ASTM D6007–14 (incorporated by
                                                remove ‘‘ISO/IEC 17025:2005(E)’’ and                    specifically exempted by this part.
                                                                                                                                                              reference, see § 770.99) must be
                                                add in its place ‘‘ISO/IEC                              *      *     *     *    *                             demonstrated by EPA TSCA Title VI
                                                17025:2017(E);’’ and,                                      (c) * * *                                          TPCs at least once each year or
                                                ■ c. Revise paragraph (c)(4)(v)(C).                        (1) * * *
                                                   The revision reads as follows:                                                                             whenever there is a significant change
                                                                                                           (vii) Correlation data and linear                  in equipment, procedure, or the
                                                § 770.7    Third party certification.                   regression equation (or, under the                    qualifications of testing personnel, or
                                                                                                        threshold approach, the correlation data              reason to believe that the equivalence is
                                                *     *    *     *     *
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                                                                                                        and the upper limit); and                             no longer valid. Equivalence may be
                                                  (c) * * *
                                                  (4) * * *                                             *      *     *     *    *                             demonstrated between several similar
                                                  (v) * * *                                                (2) * * *                                          model or size and construction ASTM
                                                  (C) Notification of a panel producer                     (v) Correlation data and linear                    E1333–14 (incorporated by reference,
                                                exceeding its established QCL for three                 regression equation (or, under the                    see § 770.99) and ASTM D6007–14
                                                consecutive quality control tests within                threshold approach, the correlation data              (incorporated by reference, see § 770.99)
                                                72 hours of the time that the TPC                       and the upper limit); and                             apparatuses located in the same EPA
                                                becomes aware of the third exceedance.                  *      *     *     *    *                             TSCA Title VI TPC laboratory. Once


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                                                54900                Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules

                                                equivalence has been established for                       (A) Lower Range: Less than, or equal               control method under § 770.20(b). The
                                                three consecutive years, equivalence                    to 0.05 ppm.                                          line between the point near the origin
                                                must be demonstrated every two years                       (B) Intermediate Range: Greater than               and the average value of the cluster
                                                or whenever there is a significant                      0.05 ppm to less than or equal to 0.15                provides the linear regression. This line
                                                change in equipment, procedure, or the                  ppm.                                                  may be used by the panel producer and
                                                qualifications of testing personnel.                       (C) Upper Range: Greater than 0.15 to              TPC to develop a quality control limit
                                                Correlation between ASTM E1333–14                       0.25 ppm.                                             for the product.
                                                (incorporated by reference, see § 770.99)                  (2) Correlation between ASTM E–                       (B) Threshold Approach. As an
                                                or, upon a showing of equivalence in                    1333–14 (incorporated by reference, see               alternative to the linear regression and
                                                accordance with paragraph (d) of this                   § 770.99), or equivalent ASTM D6007–                  cluster approaches, a panel producer
                                                section, ASTM D6007–14 (incorporated                    14 (incorporated by reference, see                    may use the average value of the
                                                by reference, see § 770.99) and any other               § 770.99), and any quality control test               clustered data pairs from the EPA TSCA
                                                test method used for quality control                    method. Correlation must be                           Title VI TPC’s ASTM E1333–14
                                                testing must be demonstrated by EPA                     demonstrated by establishing an                       (incorporated by reference, see § 770.99)
                                                TSCA Title VI TPCs or panel producers,                  acceptable correlation coefficient (‘‘r’’             or equivalent ASTM D6007–14
                                                respectively, before the certification of               value) or following the threshold                     (incorporated by reference, see § 770.99)
                                                composite wood products, and then                       approach at § 770.20(d)(2)(i)(B).                     test method and the panel producer’s
                                                                                                           (i) Correlation. The correlation must              quality control method under
                                                whenever there is a significant change
                                                                                                        be based on a minimum sample size of                  § 770.20(b) as the quality control limit
                                                in equipment, procedure, the
                                                                                                        five data pairs and a simple linear                   for the product. In this approach, no
                                                qualifications of testing personnel, or
                                                                                                        regression (unless the threshold                      linear regression line is established. The
                                                reason to believe that the correlation is
                                                                                                        approach at § 770.20(d)(2)(i)(B) is used)             average value would be assigned as the
                                                no longer valid. Correlation may be
                                                                                                        where the dependent variable (Y-axis) is              upper limit for production of the subject
                                                established between several similar
                                                                                                        the quality control test value and the                composite wood product, providing a
                                                model or size and construction mill
                                                                                                        independent variable (X-axis) is the                  margin of safety relative to the
                                                quality control test methods defined in
                                                                                                        ASTM E1333–14 (incorporated by                        maximum value of the data cluster. This
                                                § 770.20(b)(1) located at any one
                                                                                                        reference, see § 770.99) test value or,
                                                physical mill quality control testing                                                                         value, established as the quality control
                                                                                                        upon a showing of equivalence in
                                                laboratory to the EPA TSCA Title VI                                                                           limit, must be below the applicable
                                                                                                        accordance with paragraph (d) of this
                                                TPC’s laboratory’s ASTM E1333–14                                                                              emission standard.
                                                                                                        section, the equivalent ASTM D6007–14
                                                (incorporated by reference, see § 770.99)               (incorporated by reference, see § 770.99)             *      *    *     *     *
                                                and/or ASTM D6007–14 (incorporated                      test value. Either composite wood                     ■ 11. In § 770.22, revise paragraph
                                                by reference, see § 770.99) apparatus. If               products or formaldehyde emissions                    (c)(2)(i) and add paragraph (f)(1) to read
                                                the TPC laboratory’s ASTM E1333–14 or                   reference materials can be used to                    as follows:
                                                equivalent ASTM D6007–14 test                           establish the correlation.
                                                chamber is used for panel producer                                                                            § 770.22    Non-complying lots.
                                                                                                           (A) Cluster Approach. A panel
                                                quality control testing, no correlation as              producer may work with its EPA TSCA                   *     *      *     *     *
                                                determined in § 770.20(d)(2) would be                                                                           (c) * * *
                                                                                                        Title VI TPC to develop a correlation                   (2) * * *
                                                required.                                               and linear regression between the TPC’s
                                                   (1) Equivalence between ASTM                                                                                 (i) At least one test panel must be
                                                                                                        ASTM E1333–14 (incorporated by                        randomly selected so that it is
                                                E1333–14 and ASTM D6007–14 when                         reference, see § 770.99) or equivalent
                                                used by the TPC for quarterly testing.                                                                        representative of the entire non-
                                                                                                        ASTM D6007–14 (incorporated by                        complying lot and is not the top or
                                                Equivalence must be demonstrated for                    reference, see § 770.99) test method and
                                                at least five comparison sample sets in                                                                       bottom panel of a bundle. Panel
                                                                                                        the panel producer’s quality control                  sampling shall be conducted according
                                                each range tested by the TPC, which                     method under § 770.20(b). In the event
                                                compare the results of the two methods.                                                                       to the quarterly testing procedure at
                                                                                                        of clustered test results, a panel                    § 770.20(c)(2)(iv). The panel may be
                                                Equivalence must be demonstrated for                    producer may fit a line through a point
                                                any ranges listed in § 770.20(d)(1)(iv)                                                                       selected from properly stored samples
                                                                                                        near the origin (the intersection of the              set aside by the panel producer for retest
                                                that represent the formaldehyde                         X and Y axes) and the average value of
                                                emissions of composite wood products                                                                          in the event of a failure.
                                                                                                        the clustered data pairs. The point near
                                                tested by the TPC.                                      the origin should represent the value for             *     *      *     *     *
                                                                                                                                                                (f) * * *
                                                *      *     *    *     *                               the EPA TSCA Title VI TPC’s ASTM                        (1) If a fabricator, importer,
                                                   (iv) Equivalence Ranges. EPA TSCA                    E1333–14 (incorporated by reference,                  distributor, or retailer is notified that
                                                Title VI TPCs must demonstrate                          see § 770.99) or equivalent ASTM                      they have been supplied a non-
                                                equivalence in at least two of the three                D6007–14 (incorporated by reference,                  complying lot after those composite
                                                formaldehyde emission ranges listed in                  see § 770.99) test method and the panel               wood products have been fabricated
                                                (d)(1)(iv)(A) through (C) of this section               producer’s quality control method                     into component parts or finished goods,
                                                unless the EPA TSCA Title VI TPC will                   under § 770.20(b) when each testing                   the notification requirement at
                                                only certify products in one range. If the              apparatus is empty or when a very low                 paragraph (d)(1) of this section does not
                                                EPA TSCA Title VI TPC will only certify                 emitting sample is tested. The average                apply.
                                                products in one range, the EPA TSCA                     value of the clustered data pairs                     ■ 12. In § 770.30, revise paragraphs (b)
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                                                Title VI TPC may demonstrate                            represents the average of a minimum of                introductory text and (c) to read as
                                                equivalence in only that one range and                  five data pairs that compare the test                 follows:
                                                would then be restricted to only                        results of the EPA TSCA Title VI TPC’s
                                                certifying composite wood products in                   ASTM E1333–14 (incorporated by                        § 770.30 Importers, fabricators,
                                                that range. Equivalence in one range                    reference, see § 770.99) or equivalent                distributors, and retailers.
                                                must be demonstrated for at least five                  ASTM D6007–14 (incorporated by                        *     *    *    *     *
                                                comparison sample sets in that range                    reference, see § 770.99) test method                    (b) Importers must demonstrate that
                                                which compare the two methods.                          with the panel producer’s quality                     they have taken reasonable precautions


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                                                                     Federal Register / Vol. 83, No. 212 / Thursday, November 1, 2018 / Proposed Rules                                         54901

                                                by maintaining, for three years, bills of               accreditation bodies accrediting                      Division (MVCB), ATTN: Lois Mandell,
                                                lading, invoices, or comparable                         conformity assessments bodies (Second                 1800 F Street NW, 2nd floor,
                                                documents that include a written                        Edition), November 2017.                              Washington, DC 20405.
                                                statement from the supplier that the                    *     *    *     *     *                                 Instructions: Please submit comments
                                                composite wood products, component                        (3) ISO/IEC 17025:2017(E) General                   only and cite ‘‘FAR case 2017–020’’ in
                                                parts, or finished goods are TSCA Title                 requirements for the competence of                    all correspondence related to this case.
                                                VI compliant or were produced before                    testing and calibration laboratories                  All comments received will be posted
                                                June 1, 2018 and by ensuring the                        (Third Edition), November 2017.                       without change to http://
                                                following records are made available to                                                                       www.regulations.gov, including any
                                                                                                        *     *    *     *     *
                                                EPA within 30 calendar days of request:                 [FR Doc. 2018–23592 Filed 10–31–18; 8:45 am]
                                                                                                                                                              personal and/or business confidential
                                                *     *      *    *     *                                                                                     information provided. To confirm
                                                                                                        BILLING CODE 6560–50–P
                                                  (c) Fabricators, distributors, and                                                                          receipt of your comment(s), please
                                                retailers must demonstrate that they                                                                          check www.regulations.gov,
                                                have taken reasonable precautions by                                                                          approximately two to three days after
                                                                                                        DEPARTMENT OF DEFENSE                                 submission to verify posting (except
                                                obtaining bills of lading, invoices, or
                                                comparable documents that include a                     GENERAL SERVICES                                      allow 30 days for posting of comments
                                                written statement from the supplier that                                                                      submitted by mail).
                                                                                                        ADMINISTRATION
                                                the composite wood products,                                                                                  FOR FURTHER INFORMATION CONTACT: For
                                                component parts, or finished goods are                  NATIONAL AERONAUTICS AND                              clarification of content, contact Mr.
                                                TSCA Title VI compliant or that the                     SPACE ADMINISTRATION                                  Michael O. Jackson, Procurement
                                                composite wood products were                                                                                  Analyst, at 202–208–4949. For
                                                produced before June 1, 2018.                           48 CFR Parts 16 and 52                                information pertaining to status or
                                                                                                                                                              publication schedules, contact the
                                                *     *      *    *     *                               [FAR Case 2017–020; Docket No. 2017–                  Regulatory Secretariat Division at 202–
                                                ■ 13. In § 770.45, revise paragraph (a)                 0020, Sequence No. 1]                                 501–4755. Please cite ‘‘FAR Case 2017–
                                                introductory text and add paragraph (f)                                                                       020.’’
                                                to read as follows:                                     RIN 9000–AN58
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                § 770.45    Labeling.                                   Federal Acquisition Regulation:
                                                                                                        Ombudsman for Indefinite Delivery                     I. Background
                                                   (a) Panels or bundles of panels that
                                                                                                        Contracts                                                DoD, GSA, and NASA are proposing
                                                are imported, sold, supplied, or offered
                                                                                                                                                              to revise the FAR to implement a new
                                                for sale in the United States must be                   AGENCY:  Department of Defense (DoD),                 clause that provides the agency task-
                                                labeled with the panel producer’s name,                 General Services Administration (GSA),                and delivery-order ombudsman’s
                                                the lot number, the number of the EPA                   and National Aeronautics and Space                    responsibilities and contact information
                                                TSCA Title VI TPC, and a statement that                 Administration (NASA).                                for use in multiple-award indefinite-
                                                the products are TSCA Title VI certified                ACTION: Proposed rule.                                delivery, indefinite-quantity (IDIQ)
                                                (or, for products exempt from certain
                                                                                                                                                              contracts. 10 U.S.C. 2304c and 41 U.S.C.
                                                testing and certification pursuant to                   SUMMARY:    DoD, GSA, and NASA are
                                                                                                                                                              4106 require agencies to appoint or
                                                §§ 770.17 or 770.18, a statement that the               proposing to amend the Federal
                                                                                                                                                              designate a task- and delivery-order
                                                products are TSCA Title VI compliant).                  Acquisition Regulation (FAR) to
                                                                                                                                                              ombudsman who is responsible for
                                                If a composite wood panel is not                        implement a new clause for use in
                                                                                                                                                              reviewing complaints from contractors
                                                individually labeled, the panel                         multiple-award indefinite-delivery,
                                                                                                                                                              and ensuring that all of the contractors
                                                producer, importer, distributor,                        indefinite–quantity contracts that
                                                                                                                                                              are afforded a fair opportunity to be
                                                fabricator, or retailer must have a                     provides information on the task- and
                                                                                                                                                              considered for the award of an order,
                                                method (e.g., color-coded edge marking)                 delivery-order ombudsman.
                                                                                                                                                              consistent with the procedures in the
                                                sufficient to identify the supplier of the              DATES: Interested parties should submit               contract.
                                                panel and linking the information on                    comments to the Regulatory Secretariat                   To help implement the statutory
                                                the label to the products. This                         Division at one of the addresses shown                requirement, FAR 16.504(a)(4)(v)
                                                information must be made available to                   below on or before December 31, 2018                  requires the name, address, telephone
                                                potential customers upon request. The                   to be considered in the formulation of                number, facsimile number, and email
                                                label may be applied as a stamp, tag, or                a final rule.                                         address of the agency’s task- and
                                                sticker.                                                ADDRESSES: Submit comments in                         delivery-order ombudsman be included
                                                *      *     *     *      *                             response to FAR Case 2017–020 by any                  in IDIQ solicitations, if multiple awards
                                                   (f) All panels (or bundles of panels)                of the following methods:                             may result from the solicitation, and
                                                and finished goods (or boxes or bundles                    • Regulations.gov: http://                         multiple-award IDIQ contracts. As a
                                                containing finished goods) must be                      www.regulations.gov.                                  result of the requirement at FAR 16.504,
                                                properly labeled pursuant to paragraphs                    Submit comments via the Federal                    several agencies created an agency-level
                                                (a), (b), and (c) of this section before                eRulemaking portal by entering ‘‘FAR                  contract clause that provides this
                                                being imported into the United States,                  Case 2017–020’’ under the heading                     information to contractors. This rule
                                                except as provided in paragraph (e) of                  ‘‘Enter Keyword or ID’’ and selecting                 provides a standardized way to provide
                                                this section.                                           ‘‘Search.’’ Select the link ‘‘Comment                 the necessary information to contractors
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                                                ■ 14. In § 770.99, revise paragraphs                    Now’’ that corresponds with ‘‘FAR Case                with a single contract clause for use by
                                                (e)(1) and (3) to read as follows:                      2017–020.’’ Follow the instructions                   all agencies.
                                                                                                        provided on the screen. Please include
                                                § 770.99    Incorporation by reference.                 your name, company name (if any), and                 II. Discussion and Analysis
                                                *     *    *    *    *                                  ‘‘FAR Case 2017–020’’ on your attached                   This rule proposes to amend the FAR,
                                                  (e) * * *                                             document.                                             as follows:
                                                  (1) ISO/IEC 17011:2017(E) Conformity                     • Mail: General Services                              • FAR part 16 is revised to add a
                                                assessments—requirements for                            Administration, Regulatory-Secretariat                prescription that requires the use of the


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Document Created: 2018-11-01 01:05:24
Document Modified: 2018-11-01 01:05:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before December 3, 2018.
ContactFor technical information contact: Todd Coleman, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
FR Citation83 FR 54892 
RIN Number2070-AK47
CFR AssociatedEnvironmental Protection; Formaldehyde; Incorporation by Reference; Reporting and Recordkeeping Requirements; Third-Party Certification; Toxic Substances and Wood

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