[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Rules and Regulations]
[Pages 10468-10478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03444]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 770

[EPA-HQ-OPPT-2017-0245; FRL-8452-01-OCSPP]
RIN 2070-AK94


Voluntary Consensus Standards Update; Formaldehyde Emission 
Standards for Composite Wood Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is publishing a 
final rule to update the incorporation by reference of several 
voluntary consensus standards in the Agency's formaldehyde standards 
for composite wood products regulations under the Toxic Substances 
Control Act (TSCA) that have since been updated, superseded, or 
withdrawn by the issuing organizations. In addition, EPA is taking 
final action to reflect its interpretation that remote inspections by 
third-party certifiers (TPCs) are allowed in certain circumstances in 
the event of unsafe conditions such as the on-going COVID-19 pandemic 
or other unsafe conditions such as natural disasters, outbreaks, 
political unrest, and epidemics. Finally, EPA is making certain 
technical corrections and conforming changes including updating 
standards within the definitions section, clarifying language as it 
relates to production, and creating greater flexibilities for the 
third-party certification process.

DATES: This final rule is effective on March 23, 2023. The 
incorporation by reference of certain material listed in the rule is 
approved by the Director of the Federal Register as of March 23, 2023. 
The incorporation by reference of certain other material listed in the 
rule was approved by the Director of the Federal Register on February 
10, 2017, and February 7, 2018.

ADDRESSES: The docket for this action is identified by docket 
identification (ID) number EPA-HQ-OPPT-2017-0245, using the Federal 
eRulemaking Portal at https://www.regulations.gov or at the Office of 
Pollution Prevention and Toxics Docket (OPPT Docket), Environmental 
Protection Agency Docket Center (EPA/DC), West William Jefferson 
Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPPT 
Docket is (202) 566-0280. Please review the visitor instructions and 
additional information about the docket available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Jeffrey Putt, Existing Chemicals 
Risk Management Division (Mail Code 7404T), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 564-3703; 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. Executive Summary

A. Does this action apply to me?

    You may be affected by this final rule if you manufacture 
(including import), sell, supply, or offer for sale in the United 
States any of the following: hardwood plywood, medium-density 
fiberboard, particleboard, and/or products containing these composite 
wood materials. You may also be affected by this final rule if you test 
or work with certification firms that certify such materials. 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 is the Agency's authority for taking this action?

    EPA is publishing this final rule pursuant to the authority in 
section 601 of TSCA, 15 U.S.C. 2697 relating to formaldehyde emission 
standards for composite wood products.

C. What action is the Agency taking?

    The Agency is issuing this final rule to take action on a recent 
notice of proposed rulemaking (87 FR 17963) issued on March 29, 2022, 
and a supplemental notice of proposed rulemaking (87 FR 57432) issued 
on September 20, 2022, including addressing the comments received on 
both proposals.
    The Agency is taking final action on the following:
1. Update Incorporation-By-Reference (IBR) for Certain Voluntary 
Consensus Standards
    EPA is finalizing an update to the IBR of certain voluntary 
consensus standards in 40 CFR 770.99 to reflect the most recent 
editions of those standards issued by the relevant standards 
organizations. The relevant standards organizations updated these 
standards

[[Page 10469]]

after EPA incorporated them in 40 CFR 770.99. The final rule will 
require regulated entities to adhere to the updated editions of the 
voluntary consensus standards when complying with the requirements of 
40 CFR part 770. EPA received three comments in support of updating 
these standards in the proposed rule in March and received one comment 
in support of updating the two additional standards in the supplemental 
proposed rule in September. These amendments are further explained in 
Unit II.B.
2. Conform Voluntary Consensus Standards in Scope and Definitions
    As a result of the final list of updated standards in Unit II.B., 
EPA is finalizing an update to 40 CFR 770.1 and 770.3 to reflect the 
current standards that are incorporated by reference in 40 CFR 770.99. 
EPA received three comments in the proposed rule and one comment in the 
supplemental proposed rule in support of these updates to reflect 
current standards which are in use.
3. Increase Flexibility for TPC Certification Process
    EPA is also finalizing revisions at 40 CFR 770.7, paragraphs 
(a)(5)(i)(A), (c)(1)(iii), (c)(2)(v), and (c)(4)(i)(F). These changes 
add a reference to section 6.2.2 under ISO/IEC 17065:2012(E). The 
addition of section 6.2.2 under ISO/IEC 17065:2012(E) will allow TPCs 
to utilize external evaluation resources, such as contracting out 
inspections to a third party in order to complete the certification 
process in which TPCs certify that the products are TSCA Title VI 
compliant. Under ISO/IEC 17065:2012(E), the requirements for the 
certification process under section 6.2.2 are the same as section 
6.2.1, which involves an internal certification process. Adding section 
6.2.2 will give TPCs flexibility to choose to contract out inspections 
to a third party to satisfy the requirements in 40 CFR 770.7 to conduct 
inspections of composite wood products. EPA received three comments in 
support of the increase in flexibility for TPCs.
4. Address Remote Inspections in Limited Circumstances
    Additionally, EPA is taking final action to reflect its 
interpretation that remote inspections by third-party certifiers are 
allowed in certain circumstances under paragraphs (c)(4)(i)(G) and 
(c)(4)(viii)(A)(3) under 40 CFR 770.7, as well as 40 CFR 770.15, 
paragraph (c)(1)(viii). During the COVID-19 pandemic, EPA provided its 
regulatory interpretation that TPCs could conduct remote inspections 
via video teleconference to satisfy the requirements of 40 CFR 
770.7(c)(4)(i)(F) and 770.15(c)(1)(viii), and allowed TPCs to work with 
the panel producer quality control managers at the time of the remote 
inspection to select, package, sign, and ship the TPC panels/samples 
for the quarterly test according to 40 CFR 770.20(c). EPA received 
three comments in support of the remote inspection process and is 
finalizing an amendment to 40 CFR part 770 to reflect its regulatory 
interpretation that TPCs may conduct the required initial on-site 
inspection or quarterly inspections and sample collections remotely 
when in-person, on-site inspections are temporarily impossible because 
of unsafe conditions caused by natural disasters, health crises, or 
political unrest. These amendments are further explained in Unit 
II.B.3.
5. Improve Regulatory Consistency Through Technical Corrections
    Furthermore, EPA is taking final action to clarify data 
requirements for emission standards under 40 CFR 770.17(c)(2) and 
770.18(d)(2). Under these sections, EPA is including language that 
clarifies the requirements for testing data for no added formaldehyde-
based resins (NAF) and ultra-low-emitting formaldehyde resins (ULEF). 
The clarification states that for NAF based exemptions 90 percent of 
the three months of routine quality control testing data and the 
results of the one primary or secondary method test must be shown to be 
no higher than 0.04 ppm. For ULEF based exemptions, the clarification 
states that 90 percent of six months of routine quality control testing 
data and the results of two quarterly primary or secondary method tests 
must be shown to be no higher than a ULEF-target value of 0.04 ppm. 
This final action will fully align with the California Air Resource 
Board (CARB) quality control data under section 93120.3 of title 17 of 
the California Code of Regulations (the Airborne Toxic Control Measure 
to Reduce Formaldehyde Emissions from Composite Wood Products rule, or 
the ATCM) (Ref. 1) to create better consistency. EPA received three 
comments in support of the clarifying language for NAF and ULEF based 
exemptions to better conform with CARB requirements.
    Additionally, EPA is finalizing several technical corrections under 
40 CFR 770.20. Under 40 CFR 770.20(a)(1), EPA is clarifying the period 
in which panels must be tested after their production. This 
clarification aligns with language in 40 CFR 770.20(c)(3) and CARB 
section 93120.12 Appendix 3(d)(1) under the ATCM rule. Finally, under 
40 CFR 770.20(d)(1)(iii), EPA is including equivalence determinations 
to align with CARB requirements under 93120.9(a)(2)(B)(5) of the ATCM 
rule. EPA received three comments in support of the technical 
corrections. However, these commentors also expressed concern that the 
language that was proposed under 40 CFR 770.2(a)(1) was still confusing 
when it comes to timing. Based on this feedback, EPA has further 
clarified the language on testing timeline requirements in this final 
rule. These technical corrections are further explained in Unit II.B.

D. Why is the Agency taking this action?

    The Agency is taking final action to adopt several voluntary 
consensus standards for incorporation by reference at 40 CFR 770.99. 
This rulemaking will update several voluntary consensus standards under 
40 CFR 770.99 to their current editions to address outdated, 
superseded, and withdrawn standards that have been updated between 2019 
and 2022. These new updates are needed because outdated versions have 
been replaced by these new standards. EPA is taking final action to 
update these voluntary consensus standards to reflect the current 
editions for use by regulated entities and industry stakeholders. EPA 
believes that this action is warranted to facilitate regulated entities 
using the most up to date voluntary consensus standards to comply with 
the regulation at 40 CFR part 770.
    EPA is also taking final action to reflect its interpretation that 
remote inspections by third-party certifiers are allowed in certain 
circumstances because of unsafe conditions such as the on-going COVID-
19 pandemic or other unsafe conditions such as natural disasters, 
outbreaks, political unrest, and epidemics. The remote inspections are 
designed to allow inspectors flexibility to comply with TSCA Title VI 
regulations and regional emergency declarations.
    Furthermore, EPA is taking final action on several technical 
corrections to better align with CARB requirements. These technical 
corrections include the timing of panel testing after production, 
equivalency determinations, and the third-party certification process. 
Alignment with CARB allows EPA's TSCA Title VI program and CARB's ATCM 
program to work in tandem with one another in order to create an 
effective and efficient formaldehyde emissions regulatory system. These 
corrections also will result in less burden on industry working or 
seeking

[[Page 10470]]

to work in either or both the California and U.S. markets.

E. What are the incremental economic impacts?

    EPA anticipates no additional costs to stakeholders associated with 
this final rule for updated standards. This is a routine action that 
updates voluntary consensus standards referenced in the incorporation 
by reference section of the regulation at 40 CFR part 770 to address 
updated, superseded, and withdrawn versions of the referenced 
standards. Additionally, regulatory language added to address remote 
inspections by TPCs and sample collections are also expected to result 
in no additional costs as this language is intended to codify the 
Agency's existing interpretation of the regulation and reflect 
practices that are currently on-going, in part due to the COVID-19 
pandemic.

II. Background

A. Regulatory Overview

1. Formaldehyde Emission Standards for Composite Wood Products
    The Formaldehyde Standards for Composite Wood Products Act of 2010 
(Pub. L. 111-199) created Title VI of TSCA (15 U.S.C. 2697), 
established emission standards for formaldehyde from composite wood 
products, and directed EPA to implement and enforce a number of 
provisions covering composite wood products. On December 12, 2016, EPA 
published a final rule (2016 final rule) (Ref. 2) to reduce exposure to 
formaldehyde emissions from certain wood products produced domestically 
or imported into the United States. EPA worked with CARB to align the 
2016 final rule with the ATCM to the extent EPA deemed appropriate and 
practical considering TSCA Title VI. By including provisions for 
laminated products, product-testing requirements, labeling, 
recordkeeping, and import certification, the 2016 final rule requires 
that hardwood plywood, medium-density fiberboard, and particleboard 
products sold, supplied, offered for sale, imported to, or manufactured 
in the United States be in compliance with the emission standards. The 
2016 final rule also established a third-party certification program 
for laboratory testing and oversight of formaldehyde emissions from 
manufactured and/or imported composite wood products.
2. 2018 Voluntary Consensus Standards Amendment
    On February 7, 2018, EPA published a final rule (Ref. 3) to update 
several voluntary consensus standards incorporated by reference at 40 
CFR 770.99. These updates applied to emission testing methods and 
regulated composite wood product construction characteristics. Several 
of those voluntary consensus standards (i.e., technical specifications 
for products or processes developed by standard-setting bodies) were 
updated, superseded, and/or withdrawn through the normal course of 
business by these bodies to take into account new information, 
technology, and methodologies.
3. 2019 Technical Issues Amendment
    On August 21, 2019, EPA further amended 40 CFR part 770 (Ref. 4) 
(2019 final rule) to address certain technical issues. The 2019 final 
rule:
     Further aligned testing requirements with the CARB ATCM;
     Clarified provisions addressing non-complying lots and how 
those provisions apply to fabricators, importers, retailers, and 
distributors who are notified by panel producers that composite wood 
products they were supplied are found to be non-compliant after those 
composite wood products have been further fabricated into component 
parts or finished goods;
     Clarified 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 applied to the products as a condition of importation;
     Addressed TSCA Title VI ``manufactured-by'' date issues; 
and
     Updated two voluntary consensus standards that were 
incorporated by reference in 40 CFR 770.99.

B. Final Rule Amendments

1. Voluntary Consensus Standards IBR Update
a. IBR Update
    EPA is taking final action to update the IBR of certain voluntary 
consensus standards in 40 CFR 770.99 to reflect the most recent 
editions of the following standards assembled by the American National 
Standards Institute (ANSI), ASTM International (ASTM), the British 
Standards Institute (BSI), the International Organization for 
Standardization (ISO), the Japanese International Standards (JIS), and 
the National Institute of Standards and Technology (NIST):
i. American National Standard for Hardwood and Decorative Plywood 
(ANSI/HPVA HP-1-2020)
    This standard was developed by the Hardwood Plywood and Veneer 
Association (HPVA) and approved through ANSI. The ANSI/HPVA standard 
details the specific requirements for all face, back, and inner ply 
grades of hardwood plywood as well as formaldehyde emission limits, 
moisture content, tolerances, sanding, and grade marking. ANSI/HPVA 
last updated this standard on August 17, 2020 (Ref. 5). EPA is taking 
final action to update the version of the standard incorporated by 
reference in 40 CFR 770.99 from ANSI-HPVA HP-1-2016 to ANSI-HPVA HP-1-
2020.
ii. Standard Specification for Establishing and Monitoring Structural 
Capacities of Prefabricated Wood I-Joists (ASTM D5055-19e1)
    This standard was issued by ASTM and identifies procedures for 
establishing, monitoring, and reevaluating structural capacities of 
prefabricated wood I-joists, such as shear, moment, and stiffness. The 
specification also provides procedures for establishing common details 
and itemizes certain design considerations specific to wood I-joists. 
The ASTM standard was last updated on March 1, 2019 with an editorial 
revision in January 2020 (Ref. 6). EPA is taking final action to update 
the version of the standard incorporated by reference in 40 CFR 770.99 
from ASTM D5055-16 to ASTM D5055-19e1.
iii. Standard Specification for Evaluation of Structural Composite 
Lumber Products (ASTM D5456-21e1)
    This standard was issued by ASTM and describes initial 
qualification sampling, mechanical and physical tests, analysis, and 
design value assignments. The standard includes requirements for a 
quality-control program and cumulative evaluations to ensure 
maintenance of allowable design values for the product. The ASTM 
standard was last updated on February 1, 2021 with an editorial 
revision in June 2021 (Ref. 7). EPA is taking final action to update 
the version of the standard incorporated by reference in 40 CFR 770.99 
from ASTM D5456-14b to ASTM D5456-21e1.
iv. Wood-Based Panels--Determination of Formaldehyde Release--Part 3: 
Gas Analysis Method (BS EN ISO 12460-3:2020)
    This standard was approved through ISO, the European Committee for 
Standardization (CEN), and BSI and describes a procedure for 
determination of accelerated formaldehyde release from wood-based 
panels. The standard was last updated on October 31, 2020 (Ref. 8). EPA 
is taking final action to

[[Page 10471]]

update the version of the standard incorporated by reference in 40 CFR 
770.99 from BS EN ISO 12460-3:2015(E) to BS EN ISO 12460-3:2020. EPA is 
replacing the source for BS EN ISO 12460-3:2020 from the European 
Committee for Standardization (CEN) to the British Standards 
Institution (BSI). EPA will also replace the source for BS EN ISO 
12460-5:2015 E from CEN to BSI in 40 CFR 770.99, although there are no 
updates to the standard itself and the previous IBR approval for the 
section in which this standard appears (i.e., 40 CFR 770.20(b)) will 
remain unchanged.
v. Wood-Based Panels--Determination of Formaldehyde Release--Part 3: 
Gas Analysis Method (ISO 12460-3:2020(E))
    This standard was approved through ISO and describes a procedure 
for determination of accelerated formaldehyde release from wood-based 
panels. The standard was last updated in October 2020 (Ref. 9). EPA is 
taking final action to include this new standard to incorporate by 
reference in 40 CFR 770.99 since ISO 12460-3:2020(E) is identical to BS 
EN ISO 12460-3:2020. To avoid potential confusion by regulated 
stakeholders, EPA is taking final action to include this ISO standard 
as well as the BS EN ISO 12460-3:2020 so that each manufacturer may 
choose which standard to use in each respective country.
vi. Particleboard (ANSI A208.1-2022)
    This standard was approved through the American National Standards 
Institute (ANSI) and describes the requirements and test methods for 
dimensional tolerances, physical and mechanical properties and 
formaldehyde emissions for particleboard, along with methods of 
identifying products conforming to the standard. The ANSI standard was 
last updated in June 2022 (Ref. 10). EPA is taking final action to 
update the version of the standard incorporated by reference in 40 CFR 
770.99 from ANSI A208.1-2016 to ANSI A208.1-2022.
vii. Medium Density Fiberboard (MDF) for Interior Applications (ANSI 
A208.2-2022)
    This standard was approved through the American National Standards 
Institute (ANSI) and describes the requirements and test methods for 
dimensional tolerances, physical and mechanical properties and 
formaldehyde emissions for MDF, along with methods of identifying 
products conforming to the standard. The ANSI standard was last updated 
in April 2022 (Ref. 11). EPA is taking final action to update the 
version of the standard incorporated by reference in 40 CFR 770.99 from 
ANSI A208.2-2016 to ANSI A208.2-2022.
viii. Determination of the Emission of Formaldehyde From Building 
Boards--Desiccator Method (JIS A 1460:2021(E))
    This standard was approved through the Japanese Industrial 
Standards and describes a method for testing formaldehyde emissions 
from construction boards by measuring the concentration of formaldehyde 
absorbed in distilled or deionized water from samples of a specified 
surface area placed in a glass desiccator for 24 hours. The JIS 
standard was last updated in February 2021 and translated into English 
in November 2021 (Ref. 12). EPA is taking final action to update the 
version of the standard incorporated by reference in 40 CFR 770.99 from 
JIS A 1460:2015(E) to JIS A 1460:2021(E).
ix. Structural Plywood (PS-1-19)
    This standard was issued by NIST and describes the principal types 
and grades of structural plywood, covering the wood species, veneer 
grading, adhesive bonds, panel construction and workmanship, dimensions 
and tolerances, marking, moisture content and packaging of structural 
plywood intended for construction and industrial uses. Test methods to 
determine compliance and a glossary of trade terms and definitions are 
included, as is a quality certification program involving inspection, 
sampling, and testing of products identified as complying with this 
standard by qualified testing agencies. The NIST standard was last 
updated on December 1, 2019 (Ref. 13). EPA is taking final action to 
update the version of the standard incorporated by reference in 40 CFR 
770.99 from PS-1-09 to PS-1-19.
x. Performance Standard for Wood Structural Panels (PS-2-18)
    This standard was issued by NIST and covers performance 
requirements, adhesive bond performance, panel construction and 
workmanship, dimensions and tolerances, marking, and moisture content 
of structural-use panels, such as plywood, waferboard, oriented strand 
board, structural particle board, and composite panels. The standard 
includes test methods, a glossary of trade terms and definitions, and a 
quality certification program involving inspection, sampling, and 
testing of products for qualification under the standard. The NIST 
standard was last updated in March 2019 (Ref. 14). EPA is taking final 
action to update the version of the standard incorporated by reference 
in 40 CFR 770.99 from PS-2-10 to PS-2-18.
    EPA will initiate additional notice-and-comment rulemaking when 
necessary to reflect any future changes to voluntary consensus 
standards incorporated by reference in 40 CFR 770.99.
b. Availability
    Copies of the standards identified in this section II.B.1.b of 
SUPPLEMENTARY INFORMATION have been placed in the rulemaking docket for 
this action. 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. If you have a 
disability and the format of any material on an EPA web page interferes 
with your ability to access the information, please contact EPA's 
Rehabilitation Act Section 508 (29 U.S.C. 794d) Program at https://www.epa.gov/accessibility/forms/contact-us-about-section-508-accessibility or via email at [email protected]. To enable us to 
respond in a manner most helpful to you, please indicate the nature of 
the accessibility issue, the web address of the requested material, 
your preferred format in which you want to receive the material 
(electronic format (ASCII, etc.), standard print, large print, etc.), 
and your contact information.
i. ANSI/HPVA HP-1-2020
    Copies of this standard may be obtained from the Decorative 
Hardwoods Association (formerly known as Hardwood Plywood and Veneer 
Association (HPVA)), 42777 Trade West Dr., Sterling, VA 20166, or by 
calling (703) 435-2900, or at https://www.decorativehardwoods.org. 
Relevant sections of HPVA standards referenced in this rule are also 
available for public review in read-only format in the Decorative 
Hardwood Association Reading Room at https://www.decorativehardwoods.org/sites/default/files/2022-01/ansi-hpva-hp-1-2020.pdf.
ii. ASTM D5055-19e1 and ASTM D5456-21e1
    Copies of these materials may be obtained from ASTM International, 
100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959, 
or by

[[Page 10472]]

calling (877) 909-ASTM, or at https://www.astm.org. ASTM standards 
referenced in this rule are also available for public review in read-
only format in the ASTM Reading Room at https://www.astm.org/epa.htm.
iii. BS EN ISO 12460-3:2020
    Copies of these materials may be obtained from BSI, 12950 Worldgate 
Dr., Suite 800, Herndon, VA 20170, or by calling (800) 862-4977, or at 
https://www.bsigroup.com. This British Standard Institute standard is 
an adoption of EN ISO 12460-3:2020.
iv. ISO 12460-3:2020(E)
    Copies of these materials may be obtained 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 
https://www.iso.org. ISO standards referenced in this rule are also 
available for public review in read-only format on the ANSI Standards 
Incorporated by Reference Portal at https://ibr.ansi.org/.
v. ANSI A208.1-2022 and ANSI A208.2-2022
    Copies of these materials may be obtained from the Composite Panel 
Association. 19465 Deerfield Avenue, Suite 306, Leesburg, VA 20176, or 
by calling (703) 724-1128, or at https://www.compositepanel.org.
vi. JIS A 1460:2021(E)
    Copies of these materials may be obtained from the Japanese 
Industrial Standards, 1-24, Akasaka 4, Minatoku, Tokyo 107-8440, Japan, 
or by calling +81-3-3583-8000, or at https://www.jsa.or.jp/en/.
vii. PS 1-19 and PS 2-18
    Electronic copies of these materials may be obtained from NIST at 
no cost at: https://www.nist.gov. You may purchase printed copies of 
these materials from NIST by calling (800) 553-6847. You must have an 
order number to purchase a NIST publication. Order numbers may be 
obtained from the Public Inquiries Unit at (301) 975-NIST. Mailing 
address: Public Inquiries Unit, NIST, 100 Bureau Dr., Stop 1070, 
Gaithersburg, MD 20899-1070. In addition, you may also purchase printed 
copies of NIST publications from the U.S. Government Publishing Office 
(GPO) if you have a GPO stock number. GPO orders may be mailed to: U.S. 
Government Publishing Office, P.O. Box 979050, St. Louis, MO 63197-
9000, placed by telephone at (866) 512-1800 (DC Area only: (202) 512-
1800), or faxed to (202) 512-2104.
2. Technical Correction(s)
a. Conform Voluntary Consensus Standards in Scope and Definitions
    As a result of the finalized list of updated standards in section 
II.B.1. of SUPPLEMENTARY INFORMATION, EPA is updating 40 CFR 770.1 and 
770.3 to reflect the current standards that are incorporated by 
reference in 40 CFR 770.99.
b. Submission of Petitions Seeking the Initiation of a Rulemaking for 
Additional Exemptions for Laminated Products From the Definition of the 
Term ``Hardwood Plywood''
    The final rule will update the address to which petitions and 
supporting materials, including any supporting materials that may 
contain confidential business information (CBI) or other controlled 
unclassified information, should be submitted.
c. Timing of Panel Testing After Production
    EPA is finalizing a clarification under 40 CFR 770.20. Under 40 CFR 
770.20(a)(1), EPA will clarify the time period in which panels must be 
tested after their production. Based on feedback from CARB and 
industry, the clarifying language states that all panels must be tested 
prior to the application of a topcoat or finish and that conditioning 
for testing must begin not later than 30 calendar days after the panels 
were produced. This clarification was needed based on confusion between 
regulated entities as to when the 30-day window began. This language 
fully aligns with 40 CFR 770.20(c)(3) as well as CARB section 93120.12 
Appendix 3(d)(1) under the ATCM rule.
d. Equivalency Determinations
    Under 40 CFR 770.20(d)(1)(iii), equivalence determination 
corrections are included to address previous omissions. During the last 
voluntary consensus update in 2018 which revised the formaldehyde 
standards for composite wood products regulations, the acceptable 
intermediate and upper determinations were not included. Under Sec.  
770.20(d)(1)(iii), the ASTM D6007-14 method (incorporated by reference, 
see 40 CFR 770.99) is considered equivalent to the ASTM E1333-14 method 
(incorporated by reference, see 40 CFR 770.99) if the following 
condition is met: [verbar]X[verbar]+0.88S<=C. While a lower value of 
0.026 was included, the intermediate and upper values were 
inadvertently omitted. This final rule includes an intermediate value 
of 0.038 and an upper value of 0.052. These changes correct an omission 
and fully align with CARB requirements under section 
93120.9(a)(2)(B)(5) of the ATCM rule.
e. Clarify Language for NAF and ULEF Based Exemptions
    Under 40 CFR 770.17(c)(2) and 770.18(d)(2), EPA is clarifying data 
requirements for emission standards submitted by TPCs. Under these 
sections, EPA is taking final action to add language that clarifies the 
requirements for testing data for no-added formaldehyde-based resins 
(NAF) and ultra-low-emitting formaldehyde resins (ULEF). The 
clarification states that for NAF based exemptions 90 percent of the 
three months of routine quality control testing data and the results of 
the one primary or secondary method test must be shown to be no higher 
than 0.04 ppm. For ULEF based exemptions, the clarification states that 
90 percent of six months of routine quality control testing data and 
the results of two quarterly primary or secondary method tests must be 
shown to be no higher than a ULEF-target value of 0.04 ppm. This 
language will fully align with CARB quality control data under ATCM 
(Ref. 3) to create better consistency.
3. Remote Inspections
    During the COVID-19 global pandemic, some TPCs have been unable to 
travel to a composite wood product manufacturing panel producing 
facility to conduct on-site inspections and sample collections in-
person. In response, EPA provided its regulatory interpretation that 
TPCs and panel producers can conduct these activities remotely (see 
https://www.epa.gov/coronavirus/event-unsafe-conditions-geographic-area-would-prevent-third-party-certifier-tpc for additional 
information). These remote inspections are designed to allow inspectors 
flexibility to comply with TSCA Title VI regulations and regional 
emergency declarations, without jeopardizing the inspector's health and 
wellbeing. The standard practice for a TPC providing certification 
services for composite wood panel producers remains that a TPC conducts 
in-person on-site inspections, which should resume as soon as possible 
when the unsafe conditions end.
    EPA is taking final action to amend 40 CFR 770.7 and 770.15(c) by 
adding an alternative to in-person, on-site inspections and sample 
collection for quarterly testing that will clarify that TPCs may 
perform these activities remotely via video teleconference when it is 
otherwise temporarily impossible to do so on-site and in person because 
of

[[Page 10473]]

unsafe conditions caused by natural disasters, health crises, or 
political unrest. In addition to carrying out initial and quarterly 
inspections remotely via video teleconference, the final rule will 
allow TPCs to work with the panel producer's quality control manager at 
the time of the remote inspection to select, package, sign, and ship 
the TPC panels/samples for the quarterly test according to 40 CFR 
770.20(c). Under the final rule, when submitting the annual report 
required under 40 CFR 770.7(c)(4)(viii)(A), TPCs will also be required 
to identify each occurrence of an inspection that was performed 
remotely during each quarter and certify that a government entity 
identified the existence of unsafe conditions such as the on-going 
COVID-19 pandemic or other unsafe conditions such as natural disasters, 
outbreaks, political unrest, and epidemics at the time of each remote 
inspection.
4. Third Party Certification Process
    Under 40 CFR 770.7(a)(5)(i)(A), (c)(1)(iii), (c)(2)(v), and 
(c)(4)(i)(F), EPA is adding a reference to section 6.2.2 of ISO/IEC 
17065:2012(E). The addition of section 6.2.2 of ISO/IEC 17065:2012(E) 
will allow TPCs to utilize external evaluation resources, such as 
contracting out inspections to a third party, in order to complete the 
certification process. The requirements for the certification process 
under section 6.2.2 are the same as under section 6.2.1 of ISO/IEC 
17065:2012(E) which involves an internal certification process 
conducted by the TPC. Adding section 6.2.2 will give TPCs flexibility 
to choose to contract out inspections to a third party to satisfy the 
requirements in 40 CFR 770.7 to conduct inspections of composite wood 
products.

C. Rationale for Rule Changes

1. Voluntary Consensus Standards Update
    EPA is taking final action to update the incorporation by reference 
of certain voluntary consensus standards in 40 CFR 770.99 that have 
been updated, superseded, or withdrawn by the issuing organizations. 
These new standards are needed to reflect the most recent editions of 
those standards issued by the relevant standards organizations.
2. Technical Correction(s) for Regulatory Consistency
a. Submission of Petitions Seeking the Initiation of a Rulemaking for 
Additional Exemptions for Laminated Products From the Definition of the 
Term ``Hardwood Plywood''
    This final amendment is intended to update the address and protect 
any CBI materials which may be submitted.
b. Timing of Panel Testing After Production
    This final amendment is intended to reduce confusion between 
regulated entities as to when the 30-day window is to begin. The 
finalized changes reflect conversations between CARB and EPA, and fully 
aligns with 40 CFR 770.20(c)(3) as well as CARB section 93120.12 
Appendix 3(d)(1) under the ATCM rule.
c. Equivalency Determinations
    This final amendment is intended to address a previous omission 
during the last rulemaking which occurred in 2018. These changes 
correct an omission and fully align with CARB requirements under 
section 93120.9(a)(2)(B)(5) of the ATCM rule.
d. Emission Standards
    This final amendment is intended to address industry confusion 
about the exact timing and nature of the emission standards under 40 
CFR 770.17(c)(2) and 770.18(d)(2) for NAF and ULEF based exemptions. 
The final amendment includes additional language that clarifies the 
requirements for such an exemption and fully aligns with CARB quality 
control data under the ATCM.
3. Remote Inspections
    This final amendment is intended to codify an Agency regulatory 
interpretation which was provided during the start of the COVID-19 
global pandemic in early 2020 in order for inspectors to fulfill their 
obligations under TSCA Title VI regulations, while also remaining safe 
from infection (see https://www.epa.gov/coronavirus/event-unsafe-conditions-geographic-area-would-prevent-third-party-certifier-tpc for 
additional information).
4. Third-Party Certification Process
    This final amendment is intended to increase flexibility for TPCs 
seeking to utilize external evaluation resources, such as contracting 
out inspections to a third party in order to complete the certification 
process. Because the requirements for the certification process under 
section 6.2.2 are the same as section 6.2.1 under ISO/IEC 
17065:2012(E), which involves an internal certification process 
conducted by the TPC, EPA believes that such a change should be made.

III. Summary of Public Comments

    EPA received numerous comments from six different public commenters 
in total during the initial 30-day public comment period for the 
proposed rule (87 FR 17963) and carefully considered each submission. 
One commenter (EPA-HQ-OPPT-2017-0245-0035) did not raise a substantive 
issue relevant to the proposed rule. One commenter (EPA-HQ-OPPT-2017-
0245-0039) stated that formaldehyde is a known, proven, and powerful 
carcinogen and it should be excluded from use in household products. 
EPA agrees that many common consumer products have the potential to 
emit formaldehyde and that formaldehyde can cause a variety of adverse 
health impacts. EPA further notes that Congress directed EPA, through 
TSCA Title VI, to develop regulations to ensure compliance with the 
emission standards for hardwood plywood, medium density fiberboard, and 
particleboard that Congress defined in statute. In the Formaldehyde 
Standards for Composite Wood Products Act, Congress established 
formaldehyde emission standards for composite wood products, but did 
not task EPA with eliminating the use of formaldehyde in household 
products altogether. Additionally, Congress by statute directly 
exempted certain windows, exterior doors, garage doors, and other 
materials that contain composite wood products that adhere to specified 
conditions, from meeting the formaldehyde emissions standards. As such, 
EPA published the December 12, 2016, Formaldehyde Emission Standards 
for Composite Wood Products final rule (81 FR 89674) finalizing the 
regulatory program to implement TSCA Title VI and regulate formaldehyde 
emissions from composite wood products.
    EPA further notes that formaldehyde is separately undergoing risk 
evaluation under Title I of TSCA. In December 2019, EPA designated 
formaldehyde as a high-priority chemical substance to undergo risk 
evaluation. In August 2020, EPA published a final scope document 
outlining the hazards, exposures, conditions of use (including 
household products), and the potentially exposed or susceptible 
subpopulations the agency expects to consider in its risk evaluation 
currently underway. The Agency released the draft scope in April 2020 
and took public comments that were incorporated into the August 2020 
final scope. As

[[Page 10474]]

EPA continues to move through the risk evaluation process there will be 
additional opportunities for public comment, including a public comment 
period on the draft risk evaluation. Once the risk evaluation for 
formaldehyde is finalized, EPA will proceed to risk management to 
address any unreasonable risk identified in the risk evaluation.
    The remaining four comments were directly relevant to the proposed 
rule. Three commenters (EPA-HQ-OPPT-2017-0245-0037; EPA-HQ-OPPT-2017-
0245-0038; EPA-HQ-OPPT-2017-0245-0040) supported the proposed updates 
to the standards, the inclusion of the remote inspection language as a 
new amendment, and the technical updates to conform to CARB standards.
    Three commenters (EPA-HQ-OPPT-2017-0245-0037; EPA-HQ-OPPT-2017-
0245-0038; EPA-HQ-OPPT-2017-0245-0040) stated that the proposed 
revision to 40 CFR 770.20(a)(1) continued to be confusing as to the 
timing of the panels for testing. Based on the comments received, EPA 
has further revised the language in 40 CFR 770.20(a)(1).
    One commenter (EPA-HQ-OPPT-2017-0245-0038) recommended the 
inclusion of an additional standard in 40 CFR 770.20(b)(1). The 
commenter proposed amending 40 CFR 770.20(b)(1) to include ISO 12460-
2:2018 Wood-based panels--Determination of formaldehyde release--Part 
2: Small-scale chamber method. While this standard is similar to and 
based on ASTM D6007-14 (see 40 CFR 770.99(b)(4)), EPA will not 
incorporate ISO 12460-2:2018 at this time. One of the primary goals of 
this final rule is to further harmonize EPA and CARB formaldehyde 
emission standards in order to create an effective and efficient 
program. Since CARB has not included this particular standard in their 
regulations, any inclusion by EPA without similar action by CARB would 
create an inconsistent program. CARB requirements under 93120.12 
Appendix 2 of the ATCM rule states that additional, alternative small-
scale tests must first be reviewed to show correlation to the primary 
or secondary test methods and approved by CARB's Executive Officer. EPA 
is not opposed to including this standard in a future rulemaking and 
will work with the commentor to provide the necessary correlation data 
to CARB if necessary for any potential review.
    One commenter (EPA-HQ-OPPT-2017-0245-0038) recommended the 
inclusion of two additional updates to standards already incorporated 
by reference in 40 CFR 770.99. The commenter recommended that EPA 
update ANSI A208.1-2016, Particleboard (Sec.  770.99(d)(5)) to ANSI 
A208.1-2022, Particleboard and ANSI A208.2-2016, Medium Density 
Fiberboard (MDF) for Interior Applications (Sec.  770.99(d)(6)) to ANSI 
A208.2-2022, Medium Density Fiberboard (MDF) for Interior Applications. 
Because neither of these standards was available as updated during the 
30-day public comment period which began in March 2022, EPA published a 
supplemental proposed rule on September 20, 2022, to propose including 
updates to ANSI A208.1-2022 and ANSI A208.2-2022 in this final rule.
    One commenter (EPA-HQ-OPPT-2017-0245-0036) stated that there is 
confusion regarding if softwood plywood, such as pine veneers for 
surface and veneer cores, are covered under the Formaldehyde Standards 
for Composite Wood Products Rule. EPA's TSCA Title VI regulation 
defines hardwood plywood at 40 CFR 770.3 as, in part, a hardwood or 
decorative panel that is intended for interior use and composed of (as 
determined under ANSI/HPVA HP-1-2020 (IBR approved for 40 CFR 770.3)) 
an assembly of layers or plies of veneer, joined by an adhesive with a 
lumber core, a particleboard core, a medium-density fiberboard core, a 
hardboard core, a veneer core, or any other special core or special 
back material. Under ANSI/HPVA HP-1-2020, the standard states that the 
species for the face, back, and inner plies can be from any hardwood, 
softwood, or woody grass. ANSI/HPVA HP-1-2020 lists various softwood 
species for decorative uses, but other softwood species not listed may 
be utilized if such species otherwise fit the criteria for the 
standard. Therefore, softwood would be covered under the regulation for 
composite wood products when used for face, back, or inner plies under 
ANSI/HPVA HP-1-2020.
    EPA also recognizes that softwood may be used in ways that fall 
outside of this coverage. Notably, EPA's definition of hardwood plywood 
at 40 CFR 770.3 (as well as ANSI/HPVA HP-1-2020 itself) excludes, among 
other things, plywood specified in PS 1-19 (IBR approved for 40 CFR 
770.1(c) and 770.3). PS 1-19 recognizes that softwood may be used under 
its terms in the production of structural plywood.
    Finally, one commenter (EPA-HQ-OPPT-2017-0245-0036) stated that it 
can be difficult to distinguish between approved ULEF or NAF TSCA Title 
VI products and unqualified high emission boards for markets outside of 
the United States especially for long supply chains across multiple 
countries and continents. EPA's labeling requirements under TSCA Title 
VI appear at 40 CFR 770.45 and explain how panels or products for the 
United States' market must be labeled. EPA notes that the regulation 
also allows panels or products made with NAF- or ULEF-based resins (in 
accordance with 40 CFR 770.17 or 770.18) to be labeled accordingly. See 
40 CFR 770.45(a)(2) and (3) and (c)(3). Entities at various stages of 
the supply chain may wish to consider contractual arrangements that 
facilitate such entities' choices about NAF or ULEF labeling.
    On September 20, 2022, EPA published a supplemental notice of 
proposed rulemaking (87 FR 57432) to include two standards that were 
updated during or after the initial 30-day public comment period for 
the proposed rule (87 FR 17963). One comment (EPA-HQ-OPPT-2017-0245-
0038) on the initial proposal supported including those standards in 
the final rule. EPA received two timely comments on the supplemental 
proposal. One commentor (EPA-HQ-OPPT-2017-0245-0044) did not raise a 
substantive issue relevant to the supplemental proposed rule. One 
commentor (EPA-HQ-OPPT-2017-0245-0045), who initially requested the 
addition of the updates to ANSI A208.1-2022 and ANSI A208.2-2022, was 
supportive of the proposal to incorporate by reference updates to these 
two standards.
    EPA thanks all the submitters for their comments related to this 
final rule.

IV. References

    The following is a list 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. California Environmental Protection Agency Air Resources Board. 
Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from 
Composite Wood Products. Final Regulation Order. April 2008.
2. EPA. Formaldehyde Emission Standards for Composite Wood Products. 
Final Rule. Federal Register. 81 FR 89674, December 12, 2016 (FRL-
9949-90).
3. EPA. Voluntary Consensus Standards Update; Formaldehyde Emission 
Standards for Composite Wood Products.

[[Page 10475]]

Final Rule. Federal Register. 83 FR 5340, February 7, 2018 (FRL-
9972-68).
4. EPA. Technical Issues; Formaldehyde Emission Standards for 
Composite Wood Products. Final Rule. Federal Register. 84 FR 43517, 
August 21, 2019 (FRL-9994-47).
5. American National Standards Institute (ANSI)/Hardwood Plywood and 
Veneer Association (HPVA). American National Standard for Hardwood 
and Decorative Plywood, ANSI/HPVA HP-1-2020.
6. ASTM International (ASTM). ASTM D5055-19e1, Establishing and 
Monitoring Structural Capacities of Prefabricated Wood I-Joists.
7. ASTM. ASTM D5456-21e1, Evaluation of Structural Composite Lumber 
Products.
8. British Standards Institute (BSI). BS EN ISO 12460-3:2020, Wood-
based Panels--Determination of Formaldehyde Release--Part 3: Gas 
Analysis Method.
9. International Organization for Standardization (ISO). ISO 12460-
3:2020(E), Wood-based Panels--Determination of Formaldehyde 
Release--Part 3: Gas Analysis Method.
10. American National Standards Institute (ANSI). ANSI A208.1-2022, 
Particleboard.
11. ANSI. ANSI A208.2-2022, Medium Density Fiberboard (MDF) for 
Interior Applications.
12. Japanese Industrial Standards (JIS). JIS A 1460:2021(E), 
Determination of the Emission of Formaldehyde from Building Boards--
Desiccator Method.
13. National Institute of Standards and Technology (NIST). PS 1-19, 
Structural Plywood.
14. NIST. PS 2-18, Performance Standard for Wood Structural Panels.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.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 under Executive 
Order 12866 (58 FR 51735, October 4, 1993) and was therefore not 
submitted to the Office of Management and Budget (OMB) for review under 
Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq. Burden is defined in 5 CFR 
1320.3(b). This action does not create any new reporting or 
recordkeeping obligations. OMB previously approved the information 
collection activities contained in the existing regulations and 
assigned OMB control number 2070-0185 (EPA ICR No. 2446.03).

C. 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, EPA concludes that the 
impact of concern is any significant adverse economic impact on small 
entities, and the Agency is certifying that this rule will not have a 
significant economic impact on a substantial number of small entities 
because the final rule will update incorporation by reference of 
voluntary consensus standards in 40 CFR part 770 by adopting the most 
current versions of those standards. The updated versions of the 
standards are substantially similar to the previous versions. EPA 
expects that many small entities are already complying with the updated 
versions of the finalized standards listed in Unit II.B. This action 
will relieve these entities of the burden of having to also demonstrate 
compliance with outdated versions of these standards. This action also 
provides an amendment to the equivalence and correlation requirements 
at 40 CFR 770.20 that will reduce testing burdens without compromising 
the integrity of the data collected by panel producers and third-party 
certifiers to demonstrate compliance with the emission standards in the 
final rule. This action will reduce burden and allow greater 
flexibility for inspections of composite wood product producing mills. 
Additionally, this action provides clarifying language under 40 CFR 
770.17 and 770.18 that will conform to current CARB language therefore 
easing the burden for regulated stakeholders in interpreting 
formaldehyde regulations. Finally, this action provides an amendment 
under ISO/IEC 17065:2012(E), section 6.2.2 which allows TPCs greater 
flexibility in conducting inspections in order to satisfy the 
requirements in 40 CFR 770.7. EPA believes this added flexibility will 
reduce burdens for TPCs during the inspection of composite wood 
products. These actions will relieve or have no net regulatory burden 
for directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more 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. As 
discussed in Unit V.C., the final rule will relieve or otherwise will 
impose no net regulatory burdens on the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal Government and the Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
Government and Indian tribes. Thus, E.O. 13175 does not apply to this 
action.

G. 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 environmental 
health or safety risks that the Agency has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive order. This 
action is not subject to Executive Order 13045 because it does not 
concern an environmental health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have a significant adverse effect on the supply, distribution 
or use of energy and has not otherwise been designated by the 
Administrator of the Office of Information and Regulatory Affairs as a 
significant energy action.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This action involves voluntary standards under NTTAA section 12(d), 
15 U.S.C. 272 note. EPA is adopting the use of ANSI-HPVA HP-1-2020, 
ANSI

[[Page 10476]]

A208.1-2022, ANSI A208.2-2022, ASTM D5055-19e1, ASTM D5456-21e1, BS EN 
ISO 12460-3:2020, ISO 12460-3:2020(E), JIS A 1460:2021(E), NIST PS 1-
19, and NIST PS-2-18. Additional information about these standards, 
including how to access them, is provided in section II.B.1. of 
SUPPLEMENTARY INFORMATION.
    The following standard were previously approved for the sections in 
which they appear in the amendatory text, and the approval continues 
unchanged: ISO/IEC 17065:2012(E), ISO/IEC 17020:2012(E), ASTM D6007-14, 
and ASTM E1333-14.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
Federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or Indigenous 
peoples) and low-income populations.
    The EPA believes that the human health and environmental conditions 
that exist prior to this action do not result in disproportionate and 
adverse effects on people of color, low-income populations, and/or 
Indigenous peoples. As addressed in Unit II.A., this action will not 
materially alter the final rule as published and will update existing 
voluntary consensus standards incorporated by reference in the final 
rule and proposes other technical amendments.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

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: February 14, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, for the reasons set forth in the preamble, 40 CFR part 
770 is amended as follows:

PART 770--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS

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

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


0
2. In Sec.  770.1, revise paragraphs (c)(3) through (5) and (8) to read 
as follows:


Sec.  770.1   Scope and applicability.

* * * * *
    (c) * * *
    (3) Structural plywood, as specified in PS 1-19 (incorporated by 
reference, see Sec.  770.99).
    (4) Structural panels, as specified in PS 2-18 (incorporated by 
reference, see Sec.  770.99).
    (5) Structural composite lumber, as specified in ASTM D5456-21e1 
(incorporated by reference, see Sec.  770.99).
* * * * *
    (8) Prefabricated wood I-joists, as specified in ASTM D5055-19e1 
(incorporated by reference, see Sec.  770.99).
* * * * *

0
3. In Sec.  770.3, revise the definitions for ``Hardwood plywood'', 
``Medium-density fiberboard'', and ``Particleboard'' to read as 
follows:


Sec.  770.3  Definitions.

* * * * *
    Hardwood plywood means a hardwood or decorative panel that is 
intended for interior use and composed of (as determined under ANSI/
HPVA HP-1-2020 (incorporated by reference, see Sec.  770.99)) an 
assembly of layers or plies of veneer, joined by an adhesive with a 
lumber core, a particleboard core, a medium-density fiberboard core, a 
hardboard core, a veneer core, or any other special core or special 
back material. Hardwood plywood does not include military-specified 
plywood, curved plywood, or any plywood specified in PS 1-19 
(incorporated by reference, see Sec.  770.99), or PS 2-18 (incorporated 
by reference, see Sec.  770.99). In addition, hardwood plywood includes 
laminated products except as provided at Sec.  770.4.
* * * * *
    Medium-density fiberboard means a panel composed of cellulosic 
fibers made by dry forming and pressing a resinated fiber mat (as 
determined under ANSI A208.2-2022 (incorporated by reference, see Sec.  
770.99)).
* * * * *
    Particleboard means a panel composed of cellulosic material in the 
form of discrete particles (as distinguished from fibers, flakes, or 
strands) that are pressed together with resin (as determined under ANSI 
A208.1-2022 (incorporated by reference, see Sec.  770.99)). 
Particleboard does not include any product specified in PS 2-18 
(incorporated by reference, see Sec.  770.99).
* * * * *

0
4. In Sec.  770.4 revise paragraph (b)(2) to read as follows:


Sec.  770.4  Exemption from the hardwood plywood definition for certain 
laminated products.

* * * * *
    (b) * * *
    (2) Each petition should provide all available and relevant 
information, including studies conducted and formaldehyde emissions 
data. Submit petitions to: TSCA Confidential Business Information 
Center (7407M), WJC East; Room 6428; Attn: TSCA Title VI Program, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460-0001.
* * * * *

0
5. In Sec.  770.7:
0
a. Revise paragraph (a)(5)(i)(A) introductory text, (c)(1)(iii), 
(c)(2)(v), and (c)(4)(i)(F);
0
b. Add paragraph (c)(4)(i)(G); and
0
c. Revise paragraph (c)(4)(viii)(A) introductory text and paragraph 
(c)(4)(viii)(A)(3).
    The revisions and addition read as follows:


Sec.  770.7  Third-party certification.

    (a) * * *
    (5) * * *
    (i) * * *
    (A) An on-site assessment by the EPA TSCA Title VI Product AB to 
determine whether the TPC meets the requirements of ISO/IEC 
17065:2012(E), is in conformance with ISO/IEC 17020:2012(E) as required 
under ISO/IEC 17065:2012(E) section 6.2.1 and section 6.2.2 
(incorporated by reference, see Sec.  770.99) and the EPA TSCA Title VI 
TPC requirements under this part. In performing the on-site assessment, 
the EPA TSCA Title VI Product AB must:
* * * * *
    (c) * * *
    (1) * * *
    (iii) Have the ability to conduct inspections of composite wood 
products

[[Page 10477]]

and properly train and supervise inspectors to inspect composite wood 
products in conformance with ISO/IEC 17020:2012(E) as required under 
ISO/IEC 17065:2012(E) section 6.2.1 and section 6.2.2 (incorporated by 
reference, see Sec.  770.99);
* * * * *
    (2) * * *
    (v) An affirmation of the TPC's ability to conduct inspections of 
composite wood products and properly train and supervise inspectors to 
inspect composite wood products in conformance with ISO/IEC 
17020:2012(E) as required under ISO/IEC 17065:2012(E) section 6.2.1 and 
section 6.2.2 (incorporated by reference, see Sec.  770.99);
* * * * *
    (4) * * *
    (i) * * *
    (F) Inspect each panel producer, its products, and its records at 
least quarterly in conformance with ISO/IEC 17020:2012(E) as required 
under ISO/IEC 17065:2012(E) section 6.2.1 and section 6.2.2 
(incorporated by reference, see Sec.  770.99).
    (G) In the event a government entity has identified the existence 
of unsafe conditions (e.g., natural disasters, outbreaks, political 
unrest, epidemics, and pandemics) in the area of a composite wood 
product manufacturing panel producer that would prevent the required 
quarterly inspections from being conducted in-person on-site, a TPC may 
opt to perform a remote quarterly inspection in lieu of the in-person 
on-site inspection. Such a remote inspection may occur only during the 
period of the unsafe conditions. For such a remote inspection during 
the period of the unsafe conditions, the TPC must conduct a remote 
quarterly inspection via live remote technology (e.g., video/
teleconference) operating as directed by the TPC to satisfy the 
requirements of paragraph (c)(4)(i)(F) of this section, and work with 
the panel producer quality control manager at that time to select, 
package, sign, and ship the TPC panels/samples for the quarterly test 
according to Sec.  770.20(c). TPCs and panel producers must remain in 
close communication with each other to ensure any changes or 
developments that might affect the panel producer or product type 
certification are managed according to the TSCA Title VI regulations in 
this part. The standard practice for a TPC providing certification 
services for composite wood panel producers remains that a TPC conducts 
in-person quarterly inspections and sample collection, packaging, 
signature, and shipping for quality control testing.
* * * * *
    (viii) * * *
    (A) The following information for each panel producer making 
composite wood products certified by the EPA TSCA Title VI TPC:
* * * * *
    (3) Dates of quarterly inspections; for any inspection(s) conducted 
remotely in accordance with paragraph (c)(4)(i)(G) of this section, the 
TPC must certify that a government entity identified the existence of 
unsafe conditions at the time of the inspection(s);
* * * * *

0
6. In Sec.  770.15, revise paragraph (c)(1)(viii) to read as follows:


Sec.  770.15  Composite wood product certification.

* * * * *
    (c) * * *
    (1) * * *
    (viii) Results of an initial, on-site inspection by the TPC of the 
panel producer. In the event a government entity has identified the 
existence of unsafe conditions as outlined in Sec.  770.7(c)(4)(i)(G) 
and in order to conduct the required initial, on-site inspection 
associated with new certification activities, the TPC may conduct a 
virtual inspection via on-site video/teleconference technology 
(operating as directed by the TPC) and that aligns with the standard 
operating procedure the TPC would normally employ during an in-person 
inspection to satisfy the requirements of this paragraph (c)(1)(viii).
* * * * *

0
7. In Sec.  770.17, revise paragraph (c)(2) to read as follows:


Sec.  770.17   No-added formaldehyde-based resins.

* * * * *
    (c) * * *
    (2) Ninety percent of the three months of routine quality control 
testing data and the results of the one primary or secondary method 
test (required under paragraphs (a)(3) and (4) of this section) must be 
shown to be no higher than 0.04 ppm.
* * * * *

0
8. In Sec.  770.18, revise paragraph (d)(2) to read as follows:


Sec.  770.18   Ultra low-emitting formaldehyde resins.

* * * * *
    (d) * * *
    (2) Ninety percent of six months of routine quality control testing 
data and the results of two quarterly primary or secondary method tests 
(required under paragraphs (a)(3) and (4) of this section) must be 
shown to be no higher than an ultra-low-emitting formaldehyde resins 
(ULEF)-target value of 0.04 ppm.
* * * * *

0
9. In Sec.  770.20, revise paragraphs (a)(1), (b)(1)(iii) and (vii), 
and (d)(1)(iii) to read as follows:


Sec.  770.20  Testing requirements.

    (a) * * *
    (1) All panels must be tested prior to the application of a 
finishing or topcoat. Conditioning of panels for testing must start as 
soon as possible after panel production, but no later than 30 calendar 
days after the panels were produced.
* * * * *
    (b) * * *
    (1) * * *
    (iii) BS EN ISO 12460-3:2020 (incorporated by reference, see Sec.  
770.99) or ISO 12460-3:2020(E) (incorporated by reference, see Sec.  
770.99).
* * * * *
    (vii) JIS A 1460:2021(E) (24-hr Desiccator Method) (incorporated by 
reference, see Sec.  770.99).
* * * * *
    (d) * * *
    (1) * * *
    (iii) Equivalence determination. The ASTM D6007-14 method 
(incorporated by reference, see Sec.  770.99) is considered equivalent 
to the ASTM E1333-14 method (incorporated by reference, see Sec.  
770.99) if the following condition is met:

[verbar]X[verbar] + 0.88S <= C

Where C is equal to:

0.026 for the lower range;
0.038 for the intermediate range; and
0.052 for the upper range.
* * * * *

0
10. Revise Sec.  770.99 to read as follows:


Sec.  770.99   Incorporation by reference.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than 
that specified in this section, the Environmental Protection Agency 
(EPA) must publish a document in the Federal Register and the material 
must be available to the public. All approved incorporation by 
reference (IBR) material is available for inspection at the EPA and at 
the National Archives and Records Administration (NARA). Contact EPA 
at: OPPT Docket in the Environmental Protection Agency Docket Center 
(EPA/DC), West William Jefferson Clinton

[[Page 10478]]

Bldg., Rm. 3334, 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. For information on the 
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. The 
material may be obtained from the following sources:
    (a) APA. APA--The Engineered Wood Association, 7011 S 19th Street, 
Tacoma, WA 98466-5333; (253) 565-6600; www.apawood.org.
    (1) ANSI A190.1-2017, Standard for Wood Products--Structural Glued 
Laminated Timber, Approved January 24, 2017; IBR approved for Sec.  
770.1(c).
    (2) [Reserved]
    (b) ASTM. ASTM International, 100 Barr Harbor Dr., P.O. Box C700, 
West Conshohocken, PA 19428-2959; (877) 909-ASTM; www.astm.org.
    (1) ASTM D5055-19e1, Standard Specification for Establishing and 
Monitoring Structural Capacities of Prefabricated Wood I-Joists, 
Approved March 1, 2019; IBR approved for Sec.  770.1(c).
    (2) ASTM D5456-21e1, Standard Specification for Evaluation of 
Structural Composite Lumber Products, Approved February 1, 2021; IBR 
approved for Sec.  770.1(c).
    (3) ASTM D5582-14, Standard Test Method for Determining 
Formaldehyde Levels from Wood Products Using a Desiccator, Approved 
August 1, 2014; IBR approved for Sec.  770.20(b).
    (4) ASTM D6007-14, Standard Test Method for Determining 
Formaldehyde Concentrations in Air from Wood Products Using a Small-
Scale Chamber, Approved October 1, 2014; IBR approved for Sec. Sec.  
770.3; 770.7(a) through (c); 770.15(c); 770.17(a); 770.18(a); 770.20(b) 
through (d).
    (5) ASTM E1333-14, Standard Test Method for Determining 
Formaldehyde Concentrations in Air and Emission Rates from Wood 
Products Using a Large Chamber, Approved October 1, 2014; IBR approved 
for Sec. Sec.  770.3; 770.7(a) through (c); 770.10(b); 770.15(c); 
770.17(a); 770.18(a); 770.20(c) and (d).
    (c) BSI. British Standards Institute, 12950 Worldgate Dr., Suite 
800, Herndon, VA 20170; (800) 862-4977; www.bsigroup.com.
    (1) BS EN ISO 12460-3:2020, Wood-based panels.--Determination of 
formaldehyde release--Part 3: Gas analysis method, Published 31 October 
2020; IBR approved for Sec.  770.20(b).
    (2) BS EN ISO 12460-5:2015 E, Wood based panels.--Determination of 
formaldehyde release--Part 5: Extraction method (called the perforator 
method), December 2015; IBR approved for Sec.  770.20(b).
    (d) CPA. Composite Panel Association, 19465 Deerfield Avenue, Suite 
306, Leesburg, Virginia 20176; (703) 724-1128; www.compositepanel.org.
    (1) ANSI A135.4-2012, Basic Hardboard, Approved June 8, 2012; IBR 
approved for Sec.  770.3.
    (2) ANSI A135.5-2012, Prefinished Hardboard Paneling, Approved 
March 29, 2012; IBR approved for Sec.  770.3.
    (3) ANSI A135.6-2012, Engineered Wood Siding, Approved June 5, 
2012; IBR approved for Sec.  770.3.
    (4) ANSI A135.7-2012, Engineered Wood Trim, Approved July 17, 2012; 
IBR approved for Sec.  770.3.
    (5) ANSI A208.1-2022, Particleboard, Approved June 22, 2022; IBR 
approved for Sec.  770.3.
    (6) ANSI A208.2-2022, Medium Density Fiberboard (MDF) for Interior 
Applications, Approved April 14, 2022; IBR approved for Sec.  770.3.
    (e) Georgia Pacific. Georgia-Pacific Chemicals LLC, 133 Peachtree 
Street, Atlanta, GA 30303; (877) 377-2737; www.gp.com.
    (1) The Dynamic Microchamber computer integrated formaldehyde test 
system, User Manual, revised March 2007 (DMC 2007 User's Manual); IBR 
approved for Sec.  770.20(b).
    (2) The GP Dynamic Microchamber Computer-integrated formaldehyde 
test system, User Manual, copyright 2012 (DMC 2012 GP User's Manual); 
IBR approved for Sec.  770.20(b).
    (f) HPVA. Decorative Hardwoods Association (formerly known as 
Hardwood Plywood and Veneer Association (HPVA)), 42777 Trade West Dr., 
Sterling, VA 20166; (703) 435-2900; www.decorativehardwoods.org.
    (1) ANSI/HPVA HP-1-2020, American National Standard for Hardwood 
and Decorative Plywood, Approved August 17, 2020; IBR approved for 
Sec.  770.3.
    (2) [Reserved]
    (g) ISO. International Organization for Standardization, 1, ch. de 
la Voie- Creuse, CP 56, CH-1211, Geneve 20, Switzerland; +41-22-749-01-
11; www.iso.org.
    (1) ISO 12460-3:2020(E), Wood-based panels--Determination of 
formaldehyde release--Part 3: Gas analysis method, Third edition, 
October 2020; IBR approved for Sec.  770.20(b).
    (2) ISO/IEC 17011:2017(E) Conformity assessments--Requirements for 
accreditation bodies accrediting conformity assessments bodies (Second 
Edition), November 2017; IBR approved for Sec. Sec.  770.3; 770.7(a) 
and (b).
    (3) ISO/IEC 17020:2012(E), Conformity assessment--Requirements for 
the operation of various bodies performing inspection, Second edition, 
2012-03-01; IBR approved for Sec. Sec.  770.3; 770.7(a) through (c).
    (4) ISO/IEC 17025:2017(E), General requirements for the competence 
of testing and calibration laboratories (Third Edition), November 2017; 
IBR approved for Sec. Sec.  770.3; 770.7(a) through (c).
    (5) ISO/IEC 17065:2012(E), Conformity assessment--Requirements for 
bodies certifying products, processes and services, First edition, 
2012-09-15; IBR approved for Sec. Sec.  770.3; 770.7(a) and (c).
    (h) Japanese Standards Association. Japanese Industrial Standards, 
1-24, Akasaka 4, Minatoku, Tokyo 107- 8440, Japan; +81-3-3583-8000; 
www.jsa.or.jp/en/.
    (1) JIS A 1460:2021(E), Determination of the emission of 
formaldehyde from building boards--Desiccator method, First English 
edition, November 2021; IBR approved for Sec.  770.20(b).
    (2) [Reserved]
    (i) NIST. National Institute of Standards and Technology, Public 
Inquiries Unit, NIST, 100 Bureau Dr., Stop 1070, Gaithersburg, MD 
20899-1070; (301) 975-NIST or (800) 553-6847; www.nist.gov.
    (1) PS 1-19, Structural Plywood, Effective December 1, 2019; IBR 
approved for Sec. Sec.  770.1(c); 770.3.
    (2) PS 2-18, Performance Standard for Wood Structural Panels, March 
2019; IBR approved for Sec. Sec.  770.1(c); 770.3.

    Note 1 to Paragraph (i): To purchase paper copies from NIST, 
call (301) 975-NIST for an order number. To purchase paper copies 
from GPO (with a stock number), mail: U.S. Government Publishing 
Office, P.O. Box 979050, St. Louis, MO 63197-9000; call: (866) 512-
1800 or (DC Area only: (202) 512-1800); fax (202) 512-2104.


[FR Doc. 2023-03444 Filed 2-17-23; 8:45 am]
BILLING CODE 6560-50-P


