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


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; withdrawal.

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

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

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is withdrawn.

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

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

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

II. What rule is being withdrawn?

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

III. How do I access the docket?

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

IV. Good Cause Finding

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

V. Statutory and Executive Order Reviews

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

VI. Congressional Review Act (CRA)

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

List of Subjects in 40 CFR Part 770

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


[[Page 57875]]


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


