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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for composite wood products regulations under the Toxic Substances Control Act (TSCA) that have since been updated, superseded, or withdrawn by the issuing organizations.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, published in the Federal Register February 20, 2023, page 10468.

View final rule.

§770.1 Scope and applicability.
(c)(3)-(c)(5), (c)(8)RevisedView text
§770.3 Definitions.
Definitions for “Hardwood plywood”, “Medium-density fiberboard”, and “Particleboard”RevisedView text
§770.4 Exemption from the hardwood plywood definition for certain laminated products.
(b)(2)RevisedView text
§770.7 Third-party certification.
(a)(5)(i)(A) introductory textRevisedView text
(c)(1)(iii)RevisedView text
(c)(2)(v)RevisedView text
(c)(4)(i)(F)RevisedView text
(c)(4)(i)(G)AddedView text
(c)(4)(viii)(A) introductory textRevisedView text
(c)(4)(viii)(A)( 3 )RevisedView text
§770.15 Composite wood product certification.
(c)(1)(viii)View text
§770.17 No-added formaldehyde-based resins.
(c)(2)RevisedView text
§770.18 Ultra low-emitting formaldehyde resins.
(d)(2)RevisedView text
§770.20 Testing requirements.
(a)(1)RevisedView text
(b)(1)(iii) and (vii)RevisedView text
(d)(1)(iii)RevisedView text
§770.99 Incorporation by reference.
Entire sectionRevisedView text

Previous Text

§770.1 Scope and applicability.

* * * *

(3) Structural plywood, as specified in PS 1-09, Structural Plywood (incorporated by reference, see §770.99).

(4) Structural panels, as specified in PS 2-10, Performance Standard for Wood-Based Structural-Use Panels (incorporated by reference, see §770.99).

(5) Structural composite lumber, as specified in ASTM D5456-14b, Standard Specification for Evaluation of Structural Composite Lumber Products (incorporated by reference, see §770.99).

* * * *

(8) Prefabricated wood I-joists, as specified in ASTM D5055-16, Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists (incorporated by reference, see §770.99).

§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-1-2016 (incorporated by reference, see §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 1-09, Structural Plywood (incorporated by reference, see §770.99), or PS 2-10, Performance Standard for Wood-Based Structural-Use Panels (incorporated by reference, see §770.99). In addition, hardwood plywood includes laminated products except as provided at §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 A208.2-2016 (incorporated by reference, see §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 A208.1-2016 (incorporated by reference, see §770.99)). Particleboard does not include any product specified in PS 2-10 (incorporated by reference, see §770.99).

§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, and should be submitted to: Director, National Program Chemicals Division, Office of Pollution Prevention and Toxics (MC 7404T), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave NW., Washington, DC 20460-001.

§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 (incorporated by reference, see §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 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 (incorporated by reference, see §770.99);

* * * *

(c)(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 (incorporated by reference, see §770.99);

* * * *

(c)(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 (incorporated by reference, see §770.99).

* * * *

(c)(4)(viii)(A) The following information for each panel producer making composite wood products certified by the TPC, the EPA TSCA Title VI TPC:

* * * *

(c)(4)(viii)(A)(3) Dates of quarterly inspections;

§770.15 Composite wood product certification.

* * * *

(c)(1)(viii) Results of an initial, on-site inspection by the TPC of the panel producer.

§770.17 No-added formaldehyde-based resins.

* * * *

(c)(2) No higher than 0.04 ppm of formaldehyde for 90% of the three months of routine quality control testing data required under paragraph (a)(4) of this section.

§770.18 Ultra low-emitting formaldehyde resins.

* * * *

(d)(2) For 90% of the six months of routine quality control testing data required under paragraph (a)(4) of this section, no higher than 0.04 parts per million of formaldehyde.

§770.20 Testing requirements.

* * * *

(a)(1) All panels must be tested in an unfinished condition, prior to the application of a finishing or topcoat, as soon as possible after their production but no later than 30 calendar days after production.

* * * *

(b)(1)(iii) BS EN ISO 12460-3:2015 E (Gas Analysis Method) (incorporated by reference, see §770.99).

* * * *

(b)(1)(vii) JIS A 1460:2015(E) (24-hr Desiccator Method) (incorporated by reference, see §770.99).

* * * *

(d)(1)

(iii) Equivalence determination. The ASTM D6007-14 method (incorporated by reference, see §770.99) is considered equivalent to the ASTM E1333-14 method (incorporated by reference, see §770.99) if the following condition is met:



Where C is equal to 0.026.

§770.99 Incorporation by reference.

The materials listed in this section are incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, a document must be published in the Federal Register and the material must be available to the public. All approved materials are available for inspection at the OPPT Docket in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton 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. In addition, these materials are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. These materials may also be obtained from the sources listed in this section.

(a) CPA, APA, and HPVA Materials. Copies of these materials may be obtained from the specific publisher, as noted in this paragraph (a), or from the American National Standards Institute, 1899 L Street NW, 11th Floor, Washington, DC 20036, or by calling (202) 293-8020, or at http://ansi.org/. Note that ANSI A190.1-2017 is published by APA—the Engineered Wood Association. ANSI A135.4-2012, ANSI A135.5-2012, ANSI A135.6-2012, ANSI A135.7-2012, ANSI A208.1-2016 and ANSI A208.2-2016 are published by the Composite Panel Association; and ANSI/HPVA-HP-1-2016 is published by the Hardwood Plywood Veneer Association.

(1) ANSI A135.4-2012, Basic Hardboard, Approved June 8, 2012, IBR approved for §770.3.

(2) ANSI A135.5-2012, Prefinished Hardboard Paneling, Approved March 29, 2012, IBR approved for §770.3.

(3) ANSI A135.6-2012, Engineered Wood Siding, Approved June 5, 2012, IBR approved for §770.3.

(4) ANSI A135.7-2012, Engineered Wood Trim, Approved July 17, 2012, IBR approved for §770.3.

(5) ANSI A190.1-2017, Standard for Wood Products—Structural Glued Laminated Timber, Approved January 24, 2017, IBR approved for §770.1(c).

(6) ANSI A208.1-2016, Particleboard, Approved May 12, 2016, IBR approved for §770.3.

(7) ANSI A208.2-2016, Medium Density Fiberboard (MDF) for Interior Applications, Approved May 12, 2016, IBR approved for §770.3.

(8) ANSI/HPVA HP-1-2016, American National Standard for Hardwood and Decorative Plywood, Approved January 12, 2016, IBR approved for §770.3.

(b) ASTM material. 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 calling (877) 909-ASTM, or at http://www.astm.org.

(1) ASTM D5055-16, Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists, Approved June 1, 2016, IBR approved for §770.1(c).

(2) ASTM D5456-14b, Standard Specification for Evaluation of Structural Composite Lumber Products, Approved October 1, 2014, IBR approved for §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 §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 §§770.3, 770.7(a) through (c), 770.15(c), 770.17(a), 770.18(a), and 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 §§770.3, 770.7(a) through (c), 770.10(b), 770.15(c), 770.17(a), 770.18(a), and 770.20(c) and (d).

(c) CEN materials. Copies of these materials are not directly available from the European Committee for Standardization, but from one of CEN's National Members, Affiliates, or Partner Standardization Bodies. To purchase a standard, go to CEN's Web site, http://www.cen.eu, and select “Products” for more detailed information.

(1) BS EN ISO 12460-3:2015 E, Wood-based panels.—Determination of formaldehyde release—Part 3: Gas analysis method, November 2015, IBR approved for §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 §770.20(b).

(d) Georgia Pacific material. Copies of this material may be obtained from Georgia-Pacific Chemicals LLC, 133 Peachtree Street, Atlanta, GA 30303, or by calling (877) 377-2737, or at http://www.gp-dmc.com/default.aspx.

(1) The Dynamic Microchamber computer integrated formaldehyde test system, User Manual, revised March 2007 (DMC 2007 User's Manual) IBR approved for §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 §770.20(b).

(e) ISO material. 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 http://www.iso.org.

(1) ISO/IEC 17011:2017(E) Conformity assessments—requirements for accreditation bodies accrediting conformity assessments bodies (Second Edition), November 2017.

(2) ISO/IEC 17020:2012(E), Conformity assessment-Requirements for the operation of various bodies performing inspection, Second edition, 2012-03-01 IBR approved for §§770.3 and 770.7(a) through (c).

(3) ISO/IEC 17011:2017(E) Conformity assessments—requirements for accreditation bodies accrediting conformity assessments bodies (Second Edition), November 2017.

(4) ISO/IEC 17065:2012(E), Conformity assessment—Requirements for bodies certifying products, processes and services, First edition, 2012-09-15, IBR approved for §§770.3 and 770.7(a) and (c).

(f) Japanese Standards Association. Copies of this material may be obtained from Japanese Industrial Standards, 1-24, Akasaka 4, Minatoku, Tokyo 107- 8440, Japan, or by calling 81-3-3583-8000, or at http://www.jsa.or.jp/.

(1) JIS A 1460:2015(E), Determination of the emission of formaldehyde from building boards—Desiccator method, First English edition, published 2015-10, IBR approved for §770.20(b).

(2) [Reserved]

(g) NIST material. Copies of these materials may be obtained from the National Institute of Standards and Technology (NIST) by calling (800) 553-6847 or from the U.S. Government Printing Office (GPO). To purchase a NIST publication you must have the order number. 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. If you have a GPO stock number, you can purchase printed copies of NIST publications from GPO. GPO orders may be mailed to: U.S. Government Printing 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. Additional information is available online at: http://www.nist.gov.

(1) PS 1-09, Structural Plywood, May 2010, IBR approved for §§770.1(c) and 770.3.

(2) PS 2-10, Performance Standard for Wood-Based Structural-Use Panels, June 2011, IBR approved for §§770.1(c) and 770.3.