Rule2026-21963
Voluntary Consensus Standards Update; Formaldehyde Emission Standards for Composite Wood Products
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 28, 2026
Effective
November 27, 2026
Issuing agencies
Environmental Protection Agency
Abstract
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wood products regulations under the Toxic Substances Control Act (TSCA) due to the standards having been updated or superseded by the issuing organizations. These new standards primarily update test methods and product standards concerning composite wood products that use formaldehyde. EPA is also conforming these updated standards in the scope and definitional sections in the final rule and incorporating by reference a new small scale quality control chamber test method, similar to current methods already incorporated by reference. EPA is also removing one standard that was previously incorporated by reference to avoid redundancy, given that another identical, internationally recognized version of the standard is already incorporated by reference in this rule.
Full Text
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[Federal Register Volume 91, Number 207 (Wednesday, October 28, 2026)]
[Rules and Regulations]
[Pages 67771-67781]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21963]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 770
[EPA-HQ-OPPT-2017-0245; FRL-12941-02-OCSPP]
RIN 2070-AL36
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) due to the standards having been updated or
superseded by the issuing organizations. These new standards primarily
update test methods and product standards concerning composite wood
products that use formaldehyde. EPA is also conforming these updated
standards in the scope and definitional sections in the final rule and
incorporating by reference a new small scale quality control chamber
test method, similar to current methods already incorporated by
reference. EPA is also removing one standard that was previously
incorporated by reference to avoid redundancy, given that another
identical, internationally recognized version of the standard is
already incorporated by reference in this rule.
DATES: This final rule is effective on November 27, 2026. The
incorporation by reference of certain material listed in the rule is
approved by the Director of the Federal Register as of November 27,
2026. The incorporation by reference of certain other material listed
in the rule was approved by the Director of the Federal Register as of
February 10, 2017, February 7, 2018, August 21, 2019, and March 23,
2023.
ADDRESSES: The docket for this action is identified by docket
identification (ID) number EPA-HQ-OPPT-2017-0245, using the Federal
eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional
instructions on visiting the docket, along with more information about
dockets generally, is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Maxim Pohl, Existing Chemicals
Risk Management Division (Mail Code 5133G), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-2827; email address: <a href="/cdn-cgi/l/email-protection#44342b2c286a29253c2d29042134256a232b32"><span class="__cf_email__" data-cfemail="35455a5d591b58544d5c58755045541b525a43">[email protected]</span></a>.
For general information contact: The TSCA Assistance Information
Service Hotline, Goodwill Vision Enterprises, 422 South Clinton Ave.,
Rochester, NY 14620; telephone number: (800) 471-7127 or (202) 554-
1404; email address: <a href="/cdn-cgi/l/email-protection#1440475755395c7b60787d7a71547164753a737b62"><span class="__cf_email__" data-cfemail="7f2b2c3c3e5237100b1316111a3f1a0f1e51181009">[email protected]</span></a>.
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 it provides
a guide to help readers determine whether this document applies to
them. Potentially affected entities may include:
<bullet> Veneer, plywood, and engineered wood product manufacturing
(NAICS code 3212).
<bullet> Manufactured home (mobile home) manufacturing (NAICS code
321991).
<bullet> Prefabricated wood building manufacturing (NAICS code 321992).
<bullet> Furniture and related product manufacturing (NAICS code 337).
<bullet> Furniture merchant wholesalers (NAICS code 42321).
<bullet> Lumber, plywood, millwork, and wood panel merchant wholesalers
(NAICS code 42331).
<bullet> Other construction material merchant wholesalers (NAICS code
423390) (e.g., merchant wholesale distributors of manufactured homes
(i.e., mobile homes) and/or prefabricated buildings).
<bullet> Furniture stores (NAICS code 4421).
<bullet> Building material and supplies dealers (NAICS code 4441).
<bullet> Manufactured (mobile) home dealers (NAICS code 45393).
<bullet> Motor home manufacturing (NAICS code 336213).
<bullet> Travel trailer and camper manufacturing (NAICS code 336214).
<bullet> Recreational vehicle (RV) dealers (NAICS code 441210).
<bullet> Recreational vehicle merchant wholesalers (NAICS code 423110).
<bullet> Engineering services (NAICS code 541330).
<bullet> Testing laboratories (NAICS code 541380).
<bullet> Administrative management and general management consulting
services (NAICS code 541611).
<bullet> All other professional, scientific, and technical services
(NAICS code 541990).
<bullet> All other support services (NAICS code 561990).
<bullet> Business associations (NAICS code 813910).
<bullet> 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 (91 FR 6161) issued on February 11, 2026,
including by addressing the comments received on the proposal.
[[Page 67772]]
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 Incorporation-By-Reference (IBR)
for certain voluntary consensus standards in 40 CFR 770.99 to reflect
the most current standards issued by the relevant standards
organizations. The relevant standards organizations updated these
standards 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. During the public comment period for the proposed
rule, EPA received eight comments in support of updating these
standards. These amendments are further explained in Unit II.B.
2. Addition of ISO 12460-2:2024(en) as an Alternative Quality Control
Test Method
EPA is also finalizing the incorporation by reference of an
additional small scale quality control chamber test method, ISO 12460-
2:2024(en), in 40 CFR 770.99. This new standard will provide regulated
entities with an additional quality control test method to choose from
in 40 CFR 770.20(b). EPA received eight comments on the proposed rule
in support of this standard's inclusion. This new standard is further
explained in Unit II.B.
3. Removal of British Standards Institute Standard BS EN ISO 12460-3
The proposed rule published in February 2026 included an update for
British Standards Institute (BSI) standard BS EN ISO 12460-3:2023, as
well as a request for comment on whether this standard should be
retained in the final rule, given that an identical, international
version (ISO 12460-3:2023) was also proposed for incorporation into the
rule. EPA received three comments on the proposed rule supporting the
removal of BS EN ISO 12460-3 from the final rule. To avoid redundancy
and potential confusion for stakeholders, EPA is no longer
incorporating the updated standard BS EN ISO 12460-3:2023 and is
removing the standard BS EN ISO 12460-3:2020 from 40 CFR
770.20(b)(1)(iii) and 40 CFR 770.99. This amendment is further
explained in Unit II.B.
4. 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 eight comments on the proposed rule in support of these
updates to reflect current standards which are in use.
D. Why is the Agency taking this action?
The Agency is taking final action to update the incorporation by
reference for several voluntary consensus standards at 40 CFR 770.99 to
their current editions to address outdated, superseded, and withdrawn
standards that have been updated between 2022 and 2024. These updates
are needed because several of the standards in 40 CFR 770.99 are
outdated. EPA is also taking final action to conform these voluntary
consensus standards in the scope and definitional sections of 40 CFR
part 770 to reflect the current editions that must be used by regulated
entities. 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 incorporate by reference at 40 CFR 770.99 an
additional small scale quality control chamber test method, ISO 12460-
2:2024(en), to provide stakeholders with an additional option for
quality control testing. EPA is also no longer incorporating the
updated BSI standard BS EN ISO 12460-3:2023 and is removing the BSI
standard BS EN ISO 12460-3:2020 from the final rule because an
identical, international version (ISO 12460-3:2023) is being updated
with this final action. EPA believes this is warranted because having
duplicative standards is redundant, offers no technical value to the
program, and has the potential to create confusion for the regulated
community.
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 outdated voluntary consensus standards incorporated by
reference at 40 CFR part 770, and includes a new, optional quality
control test method. Removal of the standard BS EN ISO 12460-3:2020 is
not anticipated to have any economic impact, given that the test method
it describes is still available to stakeholders through ISO 12460-
3:2023.
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, 124 Stat. 1359) 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. 1) to reduce exposure to
formaldehyde emissions from certain wood products produced domestically
or imported into the United States. EPA worked with the California Air
Resource Board (CARB) to help align the 2016 final rule with the
Airborne Toxics Control Measure (ATCM) (Ref. 2) 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 the organizations that develop voluntary consensus standards (i.e.,
technical specifications for products or processes developed by
standard-setting bodies) had updated, superseded, and/or withdrawn
their standards through the normal course of business to take into
account new information, technology, and methodologies.
3. 2019 Technical Issues Amendment
On August 21, 2019, EPA amended 40 CFR part 770 via a final rule
(2019 final rule) (Ref. 4) to address certain technical issues. The
2019 final rule:
[[Page 67773]]
<bullet> Further aligned testing requirements with the CARB ATCM;
<bullet> 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;
<bullet> 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;
<bullet> Addressed TSCA Title VI ``manufactured-by'' date issues;
and
<bullet> Updated two voluntary consensus standards that were
incorporated by reference in 40 CFR 770.99.
4. 2023 Voluntary Consensus Standards Amendment
On February 21, 2023, EPA published a final rule (2023 final rule)
(Ref. 5) that amended 40 CFR part 770 to, among other things:
<bullet> Update the incorporation by reference for ten voluntary
consensus standards to reflect the current editions that are in use by
regulated entities and industry stakeholders. These updates were needed
to ensure continued consistency with the standards adopted and used by
industry.
<bullet> Allow for remote inspections in the event of unsafe
conditions that would prevent a third-party certifier (TPC) from
traveling in-person to the area. During the COVID-19 public health
emergency, EPA provided temporary flexibility to allow TPCs to conduct
remote inspections to satisfy the requirements of the rule. EPA made
this flexibility permanent and allowed TPCs to conduct the required
initial on-site inspection or quarterly inspections and sample
collections remotely when in-person, on-site inspections are
temporarily infeasible because of unsafe conditions.
<bullet> Include certain technical corrections and updates to
create additional flexibilities for the third-party certification
process, as well as clarifying language as it relates to the production
of wood products. Those corrections better aligned EPA's rule with the
CARB requirements.
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), the American Society for Testing and
Materials (ASTM), the International Organization for Standardization
(ISO), and the National Institute of Standards and Technology (NIST):
i. Product Standard for Structural Glued Laminated Timber (ANSI A190.1-
2022)
This standard was initiated by the Engineered Wood Association
(APA) and approved through ANSI. The ANSI standard details the specific
requirements for production, inspection, testing and certification of
structural glued laminated timber. The standard also describes a
quality control system for the laminator, which covers plant
qualification, daily quality control, product marking, and the
functions of an accredited inspection agency. ANSI last updated this
standard on February 17, 2022 (Ref. 6). EPA is taking final action to
update the version of the standard incorporated by reference in 40 CFR
770.99 from ANSI A190.1-2017 to ANSI A190.1-2022.
ii. Standard Test Method for Determining Formaldehyde Levels From Wood
Product Using a Desiccator (ASTM D5582-22)
This standard was issued by ASTM and identifies procedures for
testing formaldehyde emission potential from wood products by measuring
airborne formaldehyde after samples of a specified surface area are
placed in a small distilled water reservoir within a closed desiccator
for 2 hours. The ASTM standard was last updated in August 2022 (Ref.
7). EPA is taking final action to update the version of the standard
incorporated by reference in 40 CFR 770.99 from ASTM D5582-14 to ASTM
D5582-22.
iii. Standard Test Method for Determining Formaldehyde Concentrations
in Air From Wood Products Using a Small-Scale Chamber (ASTM D6007-22)
This standard was issued by ASTM and describes the procedure for
using a small-scale chamber test method to measure formaldehyde
concentrations in air emitted by wood product test specimens under
defined test conditions of temperature and relative humidity. Results
from the small-scale method are intended to be comparable to results
obtained from testing larger samples using the large chamber test
method, described in ASTM E1333. This ASTM standard was last updated in
August 2022 (Ref. 8). EPA is taking final action to update the version
of the standard incorporated by reference in 40 CFR 770.99 from ASTM
D6007-14 to ASTM D6007-22.
iv. Standard Test Method for Determining Formaldehyde Concentrations in
Air and Emission Rates From Wood Products Using a Large Chamber (ASTM
E1333-22)
This standard was issued by ASTM and describes the procedure for
using a large chamber test method to measure formaldehyde concentration
in air and emission rate from wood products under conditions designed
to simulate product use, while maintaining specific test conditions of
temperature and relative humidity. The standard was last updated in
August 2022 (Ref. 9). EPA is taking final action to update the version
of the standard incorporated by reference in 40 CFR 770.99 from ASTM
E1333-14 to ASTM E1333-22.
v. Wood-Based Panels--Determination of Formaldehyde Release--Part 3:
Gas Analysis Method (ISO 12460-3:2023(E))
This standard was approved through ISO and describes a procedure
for determination of accelerated formaldehyde release from wood-based
panels. ISO 12460-3:2023(E) is identical to BS EN ISO 12460-3:2023,
which is no longer included in this update and is being removed from 40
CFR 770.99. This version, ISO 12460-3:2023(E), was incorporated to
avoid potential confusion by regulated stakeholders and allow
manufacturers to use a single standard irrespective of their country.
The standard was last updated in September 2023 (Ref. 10). EPA is
taking final action to update the version of the standard incorporated
by reference in 40 CFR 770.99 from ISO 12460-3:2020(E) to ISO 12460-
3:2023(E).
vi. Voluntary Product Standard PS 1-22, Structural Plywood (PS 1-22)
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
[[Page 67774]]
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
October 2, 2023 (Ref. 11). EPA is taking final action to update the
version of the standard incorporated by reference in 40 CFR 770.99 from
PS 1-19 to PS 1-22.
b. Addition of ISO 12460-2:2024(en) as an Alternative Quality Control
Test Method
EPA is taking final action to add ISO 12460-2:2024(en), Wood-based
panels--Determination of Formaldehyde Release--Part 2: Small-scale
Chamber Method (Ref. 12), as a quality control test method in 40 CFR
770.20(b)(1) and to IBR the standard in 40 CFR 770.99. This standard
was approved through ISO and describes the procedure for using a small-
scale chamber test method to test formaldehyde emissions from wood
products under defined test conditions of temperature, relative
humidity, loading and air exchange rate by measuring the concentrations
of formaldehyde in air from samples of a specified surface area. This
standard is a small scale quality control chamber test method that EPA
is taking final action to incorporate by reference as an allowable
alternative quality control test method, due to its similarity to other
standards currently incorporated by reference for quality control
methods, and to allow regulated entities to make use of the wider range
of analytical methods the standard allows, such as laser absorption
spectroscopy.
Industry has requested including the latest testing methodology
which allows for greater industry flexibility in choosing quality
control methods that best fit their circumstances. Including this
additional standard also aligns with the CARB ATCM, which recently
incorporated ISO 12460-2:2024(en) as a valid small scale quality
control chamber test method. 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 as
well as align with current CARB requirements. Based on its similarity
to other standards currently incorporated by reference for quality
control methods, requests from industry to include the latest testing
methodology, and support from public comments, EPA is taking final
action to add this new ISO standard as a quality control method in 40
CFR 770.20(b)(1) and to incorporate it by reference in 40 CFR 770.99.
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.
c. Removal of British Standards Institute Standard BS EN ISO 12460-3
Because BS EN ISO 12460-3 and ISO 12460-3 are identical standards
published by different standards development organizations, EPA is
taking final action to consolidate 40 CFR 770.99 to only include the
international version, ISO 12460-3:2023. This final rule removes the
standard BS EN ISO 12460-3:2020 from the list of allowable quality
control methods in 40 CFR 770.20(b)(1)(iii) and the list of standards
approved for IBR in 40 CFR 770.99. The exact same procedure for
determination of accelerated formaldehyde release from wood-based
panels described by BS EN ISO 12460-3 is still available to
stakeholders through ISO 12460-3:2023.
d. Availability
Copies of the standards identified in these sections II.B.1.a. and
II.B.1.b. of SUPPLEMENTARY INFORMATION are 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 <a href="https://www.epa.gov/accessibility/forms/contact-us-about-section-508-accessibility">https://www.epa.gov/accessibility/forms/contact-us-about-section-508-accessibility</a> or via
email at <a href="/cdn-cgi/l/email-protection#e7948284938e8889d2d7dfa7829786c9808891"><span class="__cf_email__" data-cfemail="e192848295888e8fd4d1d9a1849180cf868e97">[email protected]</span></a>. 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. Additionally, each of these standards can be obtained
directly from the publisher or standards development organization, as
described in the following paragraphs.
i. ANSI A190.1 2022
Electronic copies of these materials may be obtained from APA at no
cost at: <a href="https://www.apawood.org/">https://www.apawood.org/</a>. Copies of this standard may also be
obtained from APA--The Engineered Wood Association. 7011 South 19th
Street, Tacoma, WA 98466, or by calling (253) 565-6600.
ii. ASTM D5582-22, ASTM D6007-22 and ASTM E1333-22
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 (610) 832-9585, or at <a href="http://www.astm.org">http://www.astm.org</a>. ASTM standards
referenced in this rule are also available for public review in read-
only format in the ASTM Reading Room at <a href="https://www.astm.org/standards-and-solutions/standards-and-publications/reading-room">https://www.astm.org/standards-and-solutions/standards-and-publications/reading-room</a>.
iii. ISO 12460-3:2023(E) and ISO 12460-2:2024(en)
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
<a href="http://www.iso.org">http://www.iso.org</a>. 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 <a href="https://ibr.ansi.org/">https://ibr.ansi.org/</a>.
iv. Voluntary Product Standard PS 1-22
Electronic copies of these materials may be obtained from the NIST
at no cost at: <a href="http://www.nist.gov">http://www.nist.gov</a>. 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 Printing Office
(GPO) if you have a GPO stock number. 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.
2. Technical Correction(s)
To conform to the list of updated standards and the addition of one
new standard listed in in sections II.B.1.a. and II.B.1.b. of
SUPPLEMENTARY INFORMATION, EPA is taking final action to update 40 CFR
770.1 and 770.3 to reflect the standards that EPA is incorporating by
reference in 40 CFR 770.99.
[[Page 67775]]
C. Rationale for Rule Changes
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. EPA is
also taking final action with the addition of a new standard, ISO
12460-2:2024(en), to allow industry greater flexibility in choosing
quality control methods that best fit their circumstances, such as
laser absorption spectroscopy. This additional standard also aligns
with the CARB ATCM, which recently incorporated ISO 12460-2:2024(en) as
a valid small scale quality control chamber test method. 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 as well as align with current CARB
requirements. EPA is also taking final action to remove the BSI
standard BS EN ISO 12460-3:2020 as a standard approved for IBR in 40
CFR 770.99, and is no longer incorporating the updated version BS EN
ISO 12460-3:2023 to avoid redundancy and potential confusion for
stakeholders, given an identical, international version of the standard
(ISO 12460-3:2023) is also incorporated by reference in this rule.
III. Summary of Public Comments
EPA received nine public comments in total during the 30-day public
comment period for the proposed rule (91 FR 6161) and carefully
considered each submission. One commenter (EPA-HQ-OPPT-2017-0245-0058)
did not raise a substantive issue relevant to the proposed rule.
The remaining eight comments were directly relevant to the proposed
rule. All eight relevant commenters supported the proposed updates to
the standards and the inclusion of the new quality control method, ISO
12460-2:2024(en).
Three commenters (EPA-HQ-OPPT-2017-0245-0056; EPA-HQ-OPPT-2017-
0245-0061; EPA-HQ-OPPT-2017-0245-0064) supported EPA removing the
British Standards Institute standard BS EN ISO 12460-3 from the final
rule and confirmed that retaining this standard would be redundant,
given that an identical, international version (ISO 12460-3:2023) is
also incorporated into the rule. EPA has revised the rule to remove BS
EN ISO 12460-3:2020 from 40 CFR 770.20(b)(1)(iii) and 40 CFR 770.99.
Three commenters (EPA-HQ-OPPT-2017-0245-0056; EPA-HQ-OPPT-2017-
0245-0059; EPA-HQ-OPPT-2017-0245-0064) requested that EPA define
``significant change'' as it is used in the TSCA Title VI rule,
specifically in terms of what constitutes a significant change that
would render an established equivalence or correlation between
different test methods invalid, thus requiring a redemonstration of
equivalence. This terminology is not new; the phrase ``significant
change'' has appeared in 40 CFR 770.20(d) since the 2016 TSCA Title VI
final rule and is not introduced by the updates in this action.
Generally, a significant change may be any change in equipment,
procedure, or the qualifications of testing personnel that a
technically competent person would expect to alter the established
statistical relationship between test methods. See, for example, the
discussion of the topic in EPA's Frequent Questions for Regulated
Stakeholders about Implementing the Formaldehyde Standards for
Composite Wood Products Act at Question 2 and Question 5 under the
section on ``Starting-Up New Mills,'' available online at <a href="https://www.epa.gov/formaldehyde/frequent-questions-regulated-stakeholders-about-implementing-formaldehyde-standards#newmills">https://www.epa.gov/formaldehyde/frequent-questions-regulated-stakeholders-about-implementing-formaldehyde-standards#newmills</a>. EPA will consider
publishing additional examples of what may constitute a significant
change at a future date.
Two commenters (EPA-HQ-OPPT-2017-0245-0056; EPA-HQ-OPPT-2017-0245-
0059) requested that EPA address the timing expectation for
transitioning to the new standards being updated or adopted with this
rulemaking. Beyond the effective date of this final rule's amendments
being 30 days after publication of this final rule, EPA is not
establishing an additional transition period in this action because the
updated editions incorporated by reference are technically consistent
with the previously referenced editions and are not expected to affect
compliance determinations or implementation. The new standard being
incorporated, ISO 12460-2:2024(en), introduces an optional method for
quality control testing, and thus imposes no transitional burden on
regulated entities. In future actions where EPA proposes to incorporate
editions that introduce substantive changes that could affect
implementation (e.g., procedures, calculations, or apparatus), the
Agency intends to evaluate and, as appropriate, propose defined
transition provisions to minimize disruption.
One commenter (EPA-HQ-OPPT-2017-0245-0056) requested that EPA
clarify how the new standard ISO 12460-2:2024(en) fits within Quality
Control Limit (QCL) and correlation requirements. ISO 12460-2:2024(en)
can be used in the same manner that other quality control methods are
used to conduct routine quality control testing, at a frequency
specified in 40 CFR 770.20(b)(2), with results reported as specified in
40 CFR 770.20(b)(3). ISO 12460-2:2024(en) is subject to the same
correlation demonstration requirements as all other quality control
methods, as described in 40 CFR 770.20(d)(2). The same commenter
requested that EPA clarify timing expectations for equivalence
demonstrations, and that such demonstrations are a standing laboratory
requirement supporting the use of ASTM D6007 for quarterly testing
rather than a condition that could delay routine compliance activities.
As specified in 40 CFR 770.20(c)(1), quarterly testing must be
performed using ASTM E1333, or, with a showing of equivalence pursuant
to 40 CFR 770.20(d), ASTM D6007. When utilizing ASTM D6007 for either
quarterly testing or quality control testing (or another method listed
in 40 CFR 770.20(b)(1) for quality control testing), equivalence or
correlation demonstrations must be conducted at a frequency specified
in 40 CFR 770.20(d). As also specified in 40 CFR 770.20(d), if the TPC
laboratory's ASTM E1333 or equivalent ASTM D6007 test chamber is used
for panel producer quality control testing, no correlation as
determined in 40 CFR 770.20(d)(2) would be required.
Finally, the same commenter asked that EPA clarify documentation
expectations for cluster and threshold approaches for demonstrating
equivalence for quality control methods listed in 40 CFR 770.20(b). As
specified in 40 CFR 770.40(a)(2), records should be maintained of all
ongoing quality control testing, and must include the date, the product
type tested, the lot number that the tested material represents, the
test method used, and the test results. As described in 40 CFR
770.20(b)(1), equivalence or correlation testing is a part of quality
control testing. Records should demonstrate compliance with all
required aspects of methods described in 40 CFR 770.20(d)(2), if
utilized.
EPA thanks all the submitters for their comments related to this
final rule. When necessary, EPA intends to reflect any future changes
to voluntary consensus standards incorporated by reference in 40 CFR
770.99 through additional notice-and-comment rulemaking.
[[Page 67776]]
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. EPA. Formaldehyde Emission Standards for Composite Wood Products.
Final Rule. Federal Register. 81 FR 89674, December 12, 2016 (FRL-
9949-90).
2. California Environmental Protection Agency Air Resources Board.
Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from
Composite Wood Products. Final Regulation Order. April 2008.
3. EPA. Voluntary Consensus Standards Update; Formaldehyde Emission
Standards for Composite Wood Products. 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. EPA. Voluntary Consensus Standards Update; Formaldehyde Emission
Standards for Composite Wood Products. Final Rule. Federal Register.
88 FR 10468, February 21, 2023 (FRL-8452-01-OCSPP).
6. American National Standards Institute (ANSI). ANSI A190.1-2022,
Product Standard for Structural Glued Laminated Timber.
7. American Society for Testing and Materials (ASTM). ASTM D5582-22,
Standard Test Method for Determining Formaldehyde Levels from Wood
Products Using a Desiccator.
8. ASTM. ASTM D6007-22, Standard Test Method for Determining
Formaldehyde Concentrations in Air from Wood Products Using a Small-
Scale Chamber.
9. ASTM. ASTM E1333-22, Standard Test Method for Determining
Formaldehyde Concentrations in Air and Emission Rates from Wood
Products Using a Large Chamber.
10. International Organization for Standardization (ISO). ISO 12460-
3:2023(E), Wood-based Panels--Determination of Formaldehyde
Release--Part 3: Gas Analysis Method.
11. National Institute of Standards and Technology (NIST). PS 1-22,
Structural Plywood.
12. ISO. ISO 12460-2:2024(en), Wood-based panels--Determination of
formaldehyde release Part 2: Small-scale chamber method.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review under Executive
Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011). Any changes made in response to Executive Order
12866 review have been documented in the docket.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is considered an Executive Order 14192 (90 FR 9065,
January 31, 2025) deregulatory action. This final rule provides burden
reduction by updating the incorporation by reference of several
voluntary consensus standards in TSCA Title VI due to certain standards
having been updated or superseded by the issuing organizations,
aligning requirements with current industry practices. To avoid
redundancy and potential confusion for stakeholders, EPA is no longer
incorporating the updated standard BS EN ISO 12460-3:2023 and is
removing the standard BS EN ISO 12460-3:2020 from 40 CFR
770.20(b)(1)(iii) and 40 CFR 770.99. This amendment is further
explained in Unit II.B. EPA is also taking final action with the
addition of a new standard, ISO 12460-2:2024, to allow industry greater
flexibility in choosing quality controls methods that best fit their
circumstances, such as laser absorption spectroscopy. This deregulatory
action removes redundancy, aligns requirements with current industry
practices and eliminates duplicative or outdated standards.
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. 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.
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, EPA concludes that the
impact of concern for this action is any significant adverse economic
impact on small entities, and the Agency is certifying that this action
will not have a significant economic impact on a substantial number of
small entities because it will impose no net burden on the small
entities to the rule. The final rule updates the incorporation by
reference of voluntary consensus standards in 40 CFR part 770 by
adopting the most current versions of those standards, adding one new
voluntary consensus standard as a quality control test method, and by
removing one duplicative, redundant standard. 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 standards listed Unit II.B. This action allows these
entities the flexibility to use the most up to date versions of the
standards instead of using outdated versions that do not reflect
industry best practice. This action also adds one new voluntary
consensus standard as a quality control test method in 40 CFR
770.20(b)(1), which regulated entities may opt to use in lieu of the
other approved quality control methods, thereby increasing regulatory
flexibility. We have therefore concluded that this action will have no
net regulatory burden for all directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million
(in 1995 dollars and adjusted annually for inflation) 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.D., the final rule will impose no net regulatory burdens on the
private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999) because 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.
[[Page 67777]]
G. 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), because 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.
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 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 Executive Order 13045. This
action is not subject to Executive Order 13045 because it does not
concern an environmental health risk or safety risk. Since this action
does not concern human health, EPA's Policy on Children's Health also
does not apply.
I. 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. As explained in Unit II.B, this action updates the
IBR of certain voluntary consensus standards in 40 CFR 770.99 to
reflect the most recent editions of the standards assembled by relevant
international standards bodies, incorporates an additional standard by
reference to allow the use of an alternative quality control test
method, removes one standard from the list of allowable quality control
methods because it is identical to another allowable quality control
method that is already incorporated by reference. As explained in Unit
II.C, this action also implements conforming technical corrections.
J. National Technology Transfer and Advancement Act (NTTAA)
This action involves technical standards subject to consideration
under NTTAA section 12(d), 15 U.S.C. 272. EPA has decided to use ANSI
A190.1-2022, ASTM D5582-22, ASTM D6007-22, ASTM E1333-22, ISO 12460-
3:2023(E), ISO 12460-2:2024(en) and PS 1-22. Additional information
about these standards, including how to access them, is provided in
Unit II.B.1. of SUPPLEMENTARY INFORMATION.
In addition, the following standards appear in the amendatory text
of this document and have already been approved for the locations in
which they appear, and the approval continues unchanged: ANSI A135.4-
2012, ANSI A135.5-2012, ANSI A135.6-2012, ANSI A135.7-2012, ANSI/HPVA
HP-1-2020, BS EN ISO 12460-5:2015, ISO/IEC 17011:2017(E), ISO/IEC
17020:2012(E), ISO/IEC 17025:2017(E), ISO/IEC 17065:2012(E), and PS 2-
18.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and 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: October 22, 2026.
Douglas M. Troutman,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, for the reasons set forth in the preamble, EPA amends 40
CFR part 770 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. Amend Sec. 770.1 by revising and republishing paragraphs (c)(3) and
(7) to read as follows:
Sec. 770.1 Scope and applicability.
* * * * *
(c) * * *
(3) Structural plywood, as specified in PS 1-22 (incorporated by
reference, see Sec. 770.99).
* * * * *
(7) Glued laminated lumber, as specified in ANSI A190.1-2022,
Standard for Wood Products--Structural Glued Laminated Timber
(incorporated by reference, see Sec. 770.99).
* * * * *
0
3. Amend Sec. 770.3 by revising and republishing the definitions for
``Hardboard'', ``Hardwood plywood'', and ``Quality control limit or
QCL'' to read as follows:
Sec. 770.3 Definitions.
* * * * *
Hardboard means a composite panel composed of cellulosic fibers,
consolidated under heat and pressure in a hot press by: A wet process;
or a dry process that uses a phenolic resin, or a resin system in which
there is no formaldehyde as part of the resin cross-linking structure;
or a wet formed/dry pressed process; and that is commonly or
commercially known, or sold, as hardboard, including any product
conforming to one of the following ANSI standards: Basic Hardboard
(ANSI A135.4-2012) (incorporated by reference, see Sec. 770.99),
Prefinished Hardboard Paneling (ANSI A135.5-2012) (incorporated by
reference, see Sec. 770.99), Engineered Wood Siding (ANSI A135.6-2012)
(incorporated by reference, see Sec. 770.99), or Engineered Wood Trim
(ANSI A135.7-2012) (incorporated by reference, see Sec. 770.99). There
is a rebuttable presumption that products emitting more than 0.06 ppm
formaldehyde as measured by ASTM E1333-22 (incorporated by reference,
see Sec. 770.99) or ASTM D6007-22 (incorporated by reference, see
Sec. 770.99) are not hardboard.
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 1-22
(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.
* * * * *
Quality control limit or QCL means the value from the quality
control method test that is the correlative equivalent to the
applicable emission standard based on the ASTM E1333-22 method
(incorporated by reference, see Sec. 770.99) or, upon showing
equivalence in accordance with Sec. 770.20(d), the
[[Page 67778]]
ASTM D6007-22 method (incorporated by reference, see Sec. 770.99).
* * * * *
0
4. Amend Sec. 770.7 by revising and republishing paragraphs
(a)(5)(i)(D) and (F), (b)(5)(i) introductory text, (c)(1)(ii) and (v),
(c)(2)(iv) and (viii), (c)(4)(i)(B), and (c)(4)(v)(C) to read as
follows:
Sec. 770.7 Third-party certification.
(a) * * *
(5) * * *
(i) * * *
(D) A review of the approach that the TPC laboratory will use for
establishing correlation or equivalence between ASTM E1333-22 and ASTM
D6007-22, if used, (incorporated by reference, see Sec. 770.99) or
allowable formaldehyde test methods listed under Sec. 770.20.
* * * * *
(F) A review of the accreditation credentials of the TPC
laboratory, including a verification that the laboratory has been
accredited to ISO/IEC 17025:2017(E) (incorporated by reference, see
Sec. 770.99) with a scope of accreditation to include this part--
Formaldehyde Standards for Composite Wood Products and the formaldehyde
test methods ASTM E1333-22 and ASTM D6007-22, if used, by an EPA TSCA
Title VI Laboratory AB (incorporated by reference, see Sec. 770.99).
* * * * *
(b) * * *
(5) * * *
(i) Accreditation. EPA TSCA Title VI Laboratory ABs must determine
the accreditation eligibility, and accredit if appropriate, each TPC
seeking recognition under the EPA TSCA Title VI Third-Party
Certification Program by performing an assessment of each TPC. The
assessment must include an on-site assessment by the EPA TSCA Title VI
Laboratory AB to determine whether the laboratory meets the
requirements of ISO/IEC 17025:2017(E) (incorporated by reference, see
Sec. 770.99), is in conformance with ISO/IEC 17020:2012(E)
(incorporated by reference, see Sec. 770.99) and the EPA TSCA Title VI
TPC requirements under this part including the formaldehyde test
methods ASTM E1333-22 and ASTM D6007-22 (incorporated by reference, see
Sec. 770.99), if used. In performing the on-site assessment, the EPA
TSCA Title VI Laboratory AB must:
* * * * *
(c) * * *
(1) * * *
(ii) Be, or have a contract with a laboratory that is, accredited
by an EPA TSCA Title VI Laboratory AB to ISO/IEC 17025:2017(E)
(incorporated by reference, see Sec. 770.99) with a scope of
accreditation to include this part--Formaldehyde Standards for
Composite Wood Products--and the formaldehyde test methods ASTM E1333-
22 and ASTM D6007-22, if used (incorporated by reference, see Sec.
770.99);
* * * * *
(v) Have demonstrated experience in performing or verifying
formaldehyde emissions testing on composite wood products, including
experience with test method ASTM E1333-22 and ASTM D6007-22, if used,
(incorporated by reference, see Sec. 770.99), and experience
evaluating correlation between test methods. Applicant TPCs that have
demonstrated experience with test method ASTM D6007-22 only, must be
contracting testing with a laboratory that has a large chamber and
demonstrate its experience with ASTM E1333-22.
* * * * *
(2) * * *
(iv) A copy of the TPC laboratory's certificate of accreditation
from an EPA TSCA Title VI Laboratory AB to ISO/IEC 17025:2017(E)
(incorporated by reference, see Sec. 770.99) with a scope of
accreditation to include this part--Formaldehyde Standards for
Composite Wood Products--and the formaldehyde test methods ASTM E1333-
22 and ASTM D6007-22 (incorporated by reference, see Sec. 770.99), if
used;
* * * * *
(viii) A description of the TPC's experience with test method ASTM
E1333-22 and/or ASTM D6007-22, if used, (incorporated by reference, see
Sec. 770.99), and experience evaluating correlation between test
methods. Applicant TPCs that have experience with test method ASTM
D6007-22 only, must be contracting testing with a laboratory that has a
large chamber and describe its experience with ASTM E1333-22; and
* * * * *
(4) * * *
(i) * * *
(B) Verify each panel producer's quality control test results
compared with test results from ASTM E1333-22 and ASTM D6007-22, if
used, (incorporated by reference, see Sec. 770.99) by having the TPC
laboratory conduct quarterly tests and evaluate test method equivalence
and correlation as required under Sec. 770.20;
* * * * *
(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 consecutive exceedance. The
notice must include the product type, dates of the quality control
tests that exceeded the QCL, quality control test results, ASTM E1333-
22 (incorporated by reference, see Sec. 770.99) or ASTM D6007-22
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. Amend Sec. 770.10 by revising and republishing paragraph (b)
introductory text to read as follows:
Sec. 770.10 Formaldehyde emission standards.
* * * * *
(b) The emission standards are based on test method ASTM E1333-22
(incorporated by reference, see Sec. 770.99), and are as follows:
* * * * *
0
6. Amend Sec. 770.15 by revising and republishing paragraphs (c)(1)(v)
and (c)(2)(iii) to read as follows:
Sec. 770.15 Composite wood product certification.
* * * * *
(c) * * *
(1) * * *
(v) At least five tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-22 or ASTM D6007-
22 (incorporated by reference, see Sec. 770.99). Test results obtained
by ASTM D6007-22 must include a showing of equivalence in accordance
with Sec. 770.20(d)(1);
* * * * *
(2) * * *
(iii) At least five tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-22 or ASTM D6007-
22 (incorporated by reference, see Sec. 770.99). Test results obtained
by ASTM D6007-22 must include a showing of equivalence in accordance
with Sec. 770.20(d)(1);
* * * * *
0
7. Amend Sec. 770.17 by revising and republishing paragraph (a)(3) to
read as follows:
Sec. 770.17 No-added formaldehyde-based resins.
* * * * *
(a) * * *
(3) At least one test conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-22 or ASTM D6007-
22 (incorporated by reference, see Sec. 770.99). Test results obtained
by ASTM D6007-22 must include a
[[Page 67779]]
showing of equivalence in accordance with Sec. 770.20(d)(1); and
* * * * *
0
8. Amend Sec. 770.18 by revising and republishing paragraph (a)(3) to
read as follows:
Sec. 770.18 Ultra low-emitting formaldehyde resins.
* * * * *
(a) * * *
(3) At least two tests conducted under the supervision of an EPA
TSCA Title VI TPC pursuant to test method ASTM E1333-22 or ASTM D6007-
22 (incorporated by reference, see Sec. 770.99). Test results obtained
by ASTM D6007-22 must include a showing of equivalence in accordance
with Sec. 770.20(d)(1); and
* * * * *
0
9. Amend Sec. 770.20 by:
0
a. Revising and republishing paragraphs (b)(1)(i) through (iii);
0
b. Adding paragraph (b)(1)(viii); and
0
c. Revising and republishing paragraphs (c)(1), (c)(2)(iv), (d)
introductory text, (d)(1) introductory text, (d)(1)(i) through (iii),
(d)(2) introductory text, and (d)(2)(i).
The revisions and addition read as follows:
Sec. 770.20 Testing requirements.
* * * * *
(b) * * *
(1) * * *
(i) ASTM D6007-22 (incorporated by reference, see Sec. 770.99).
(ii) ASTM D5582-22 (incorporated by reference, see Sec. 770.99).
(iii) ISO 12460-3:2023(E) (incorporated by reference, see Sec.
770.99).
* * * * *
(viii) ISO 12460-2:2024(en) (incorporated by reference, see Sec.
770.99).
* * * * *
(c) * * *
(1) Allowable methods. Quarterly testing must be performed using
ASTM E1333-22 (incorporated by reference, see Sec. 770.99) or, with a
showing of equivalence pursuant to paragraph (d) of this section, ASTM
D6007-22 (incorporated by reference, see Sec. 770.99).
* * * * *
(2) * * *
(iv) Test results may represent a single chamber value or, if using
the ASTM D6007-22 apparatus, 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 data points, which must be averaged to represent one
test value for the panel those specimens represent.
* * * * *
(d) Equivalence or correlation. Equivalence between ASTM E1333-22
(incorporated by reference, see Sec. 770.99) and ASTM D6007-22
(incorporated by reference, see Sec. 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 E1333-22 (incorporated by
reference, see Sec. 770.99) and ASTM D6007-22 (incorporated by
reference, see Sec. 770.99) apparatuses located in the same EPA TSCA
Title VI TPC laboratory. Once 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 E1333-22 (incorporated by reference, see Sec. 770.99) or,
upon a showing of equivalence in accordance with paragraph (d) of this
section, ASTM D6007-22 (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 paragraph (b)(1) of this section located at any
one physical mill quality control testing laboratory to the EPA TSCA
Title VI TPC laboratory's ASTM E1333-22 (incorporated by reference, see
Sec. 770.99) and/or ASTM D6007-22 (incorporated by reference, see
Sec. 770.99) apparatus. If the TPC laboratory's ASTM E1333-22 or
equivalent ASTM D6007-22 test chamber is used for panel producer
quality control testing, no correlation as determined in paragraph
(d)(2) of this section would be required. Equivalence and correlation
sample selection should be conducted in accordance with paragraph
(c)(2)(iv) of this section.
(1) Equivalence between ASTM E1333-22 and ASTM D6007-22 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 paragraph (d)(1)(iv) of this
section that represent the formaldehyde emissions of composite wood
products tested by the TPC.
(i) Samples. (A) For the ASTM E1333-22 method (incorporated by
reference, see Sec. 770.99), each comparison sample must consist of
the result of testing panels, using the applicable loading ratios
specified in the ASTM E1333-22 method (incorporated by reference, see
Sec. 770.99), from similar panels of the same product type tested by
the ASTM D6007-22 method (incorporated by reference, see Sec. 770.99).
(B) For the ASTM D6007-22 method (incorporated by reference, see
Sec. 770.99), each comparison sample shall consist of testing
specimens representing portions of panels similar to the panels tested
in the ASTM E1333-22 method (incorporated by reference, see Sec.
770.99) and matched to their respective ASTM E1333-22 method
(incorporated by reference, see Sec. 770.99) comparison sample result.
The ratio of air flow to sample surface area specified in ASTM D6007-22
(incorporated by reference, see Sec. 770.99) must be used.
(C) The five comparison sample must consist of testing a minimum of
five sample sets as measured by the ASTM E1333-22 method (incorporated
by reference, see Sec. 770.99).
(ii) Average and standard deviation. The arithmetic mean, X, and
standard deviation, S, of the difference of all comparison sets must be
calculated using Equations 1 and 2 to this paragraph (d)(1)(ii), where
X = arithmetic mean; S = standard deviation; n = number of sets; Di =
difference between the ASTM E1333-22 and ASTM D6007-22 method
(incorporated by reference, see Sec. 770.99) values for the i th set;
and i ranges from 1 to n.
[[Page 67780]]
[GRAPHIC] [TIFF OMITTED] TR28OC26.033
(iii) Equivalence determination. The ASTM D6007-22 method
(incorporated by reference, see Sec. 770.99) is considered equivalent
to the ASTM E1333-22 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.
* * * * *
(2) Correlation between ASTM E-1333-22 (incorporated by reference,
see Sec. 770.99), or equivalent ASTM D6007-22 (incorporated by
reference, see Sec. 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 paragraph (d)(2)(i)(B) of this section.
(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 paragraph (d)(2)(i)(B) of this section is used)
where the dependent variable (Y-axis) is the quality control test value
and the independent variable (X-axis) is the ASTM E1333-22
(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 D6007-22 (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 E1333-22 (incorporated by reference, see Sec. 770.99) or
equivalent ASTM D6007-22 (incorporated by reference, see Sec. 770.99)
test method and the panel producer's quality control method under
paragraph (b) of this section. 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 E1333-22 (incorporated by
reference, see Sec. 770.99) or equivalent ASTM D6007-22 (incorporated
by reference, see Sec. 770.99) test method and the panel producer's
quality control method under Sec. 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 E1333-22 (incorporated by reference, see Sec.
770.99) or equivalent ASTM D6007-22 (incorporated by reference, see
Sec. 770.99) test method with the panel producer's quality control
method under paragraph (b) of this section. 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 E1333-22
(incorporated by reference, see Sec. 770.99) or equivalent ASTM D6007-
22 (incorporated by reference, see Sec. 770.99) test method and the
panel producer's quality control method under paragraph (b) of this
section 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 quality control limit for production of the
subject composite wood product and must be below the applicable
emission standard.
* * * * *
0
11. Amend Sec. 770.99 by revising and republishing paragraphs (a)(1),
(b)(3) through (5), (c), (g), and (i)(1) to read as follows:
Sec. 770.99 Incorporation by reference.
* * * * *
(a) * * *
(1) ANSI A190.1-2022, Product Standard for Structural Glued
Laminated Timber, Approved February 17, 2022; IBR approved for Sec.
770.1(c).
* * * * *
(b) * * *
(3) ASTM D5582-22, Standard Test Method for Determining
Formaldehyde Levels from Wood Products Using a Desiccator, Approved
August 1, 2022; IBR approved for Sec. 770.20(b).
(4) ASTM D6007-22, Standard Test Method for Determining
Formaldehyde Concentrations in Air from Wood Products Using a Small-
Scale Chamber, Approved August 1, 2022; 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 E1333-22, Standard Test Method for Determining
Formaldehyde Concentrations in Air and Emission Rates from Wood
Products Using a Large Chamber, Approved August 1, 2022; 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; <a href="http://www.bsigroup.com">www.bsigroup.com</a>.
(1) BS EN ISO 12460-5:2015 E, Wood based panels.--Determination of
[[Page 67781]]
formaldehyde release--Part 5: Extraction method (called the perforator
method), December 2015; IBR approved for Sec. 770.20(b).
(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; <a href="http://www.iso.org">www.iso.org</a>.
(1) ISO 12460-2:2024(en) Wood-based panels--Determination of
formaldehyde release--Part 2: Small-scale chamber method, Second
edition, February 2024; IBR approved for Sec. 770.20(b).
(2) ISO 12460-3:2023(E), Wood-based panels--Determination of
formaldehyde release--Part 3: Gas analysis method, Fourth edition,
September 2023; IBR approved for Sec. 770.20(b).
(3) 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).
(4) 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).
(5) 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).
(6) 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).
* * * * *
(i) * * *
(1) Voluntary Product Standard PS 1-22, Structural Plywood,
effective October 2, 2023; IBR approved for Sec. Sec. 770.1(c); 770.3.
* * * * *
[FR Doc. 2026-21963 Filed 10-27-26; 8:45 am]
BILLING CODE 6560-50-P
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