UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460
Jackson Morrill Federal Wood Industries Coalition c/o Composite Panel Association 19465 Deerfield Avenue, Suite 306 Leesburg, VA 20176
o m e t " 0~ OWVfOAl SAFETY AND POLLUTION PREVENTION
Dear Mr. Jvlorrill:
I.hank you for your August 9, 2017, Setter to the U.S> Environmental Protection Agency, regarding the Formaldehyde Emission Standards for Composite Wood Products final rule, which published on December 12. 2016 (81 FR 89674). pursuant to Toxic Substances Control Act Title VI (15 U.S.C, 2697), In particular, you mentioned potential burdens associated with correlation testing using an ASTM E l333 large chamber method.
The EPA also acknowledges receipt of the referenced July 26, 2017, Composite Panel Association Requestfo r Interpretation letter submitted via email by Mr. Jackson Morrill to the T8CA Title VI program office regarding the correlation testing issue. The EPA appreciates the detailed information and highlighted ramifications that would be endured by industry should the EPA not address this issue.
The EPA understands your concern and intends to pursue rulemaking, with an opportunity for public comment, to expressly allow tests conducted through the quality control methods listed in 40 CTR 770.20(b) to be correlated to either ASTM 1333-14 or. upon a showing of equivalence, ASTM D6G0714 test chamber tests in 40 CFR 770,2O(d)(2)(i), This action aligns with the California Air Resources Board policy which allows mill quality control tests to he correlated to ASTM D6007-14 test chambers under their airborne toxic control measure to reduce formaldehyde emissions from composite wood products. As such, the EPA has been developing a direct final rule to update several voluntary consensus standards published in the December 12, 2016, final rule and intends to consider this technical amendment as part ol that action, I'he EPA also intends to publish a companion Notice of Proposed Rulemaking for the action, in parallel with the direct final rule. If the EPA receives no adverse comment on the proposed rule, then the direct final rule would become effective by its own terms. If the EPA receives adverse comment, then the agency would withdraw the direct final rule and proceed to consider and respond to comments on the proposed rule. Both direct final and proposed rules are anticipated to be published in the Federal Register in September 2017.
Again, thank you for your letter. If you have any questions, please contact Erik Winchester o f my staff at| Ex. 6 |or winchester.erik@epa.gov.
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Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00050519-00001
Sincerely,
Nancy B, Beck, PhD, DABI' Deputy Assistant Administrator
Ce: American Chemistry Council American Coatings Association American Forest & Paper Association American Horae Furnishings Alliance American Wood Council APA - the Engineered Wood Association Architectural Woodwork Institute Association of Woodworking & Furnishing Suppliers Business and Institutional Furniture Manufacturers Association Hardwood Plywood and Veneer Association HPVA Laboratories (CARS TPC-8) International Wood Products Association Kitchen Cabinet Manufacturers Association Moulding & Millwork Producers Association National Wood Flooring Association Wood Machinery Manufacturers of America
Sierra Club v. EPA 18cv3472 NDCA
Tiers 8&9
ED 002061 00050519-00002