[Federal Register Volume 83, Number 212 (Thursday, November 1, 2018)]
[Proposed Rules]
[Pages 54892-54901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this 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


