[Federal Register Volume 73, Number 233 (Wednesday, December 3, 2008)]
[Proposed Rules]
[Pages 73620-73629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28585]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Chapter I
[EPA-HQ-OPPT-2008-0627; FRL-8386-3]
RIN 2070-AJ44
Formaldehyde Emissions From Pressed Wood Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advance notice of proposed rulemaking and notice of public
meetings.
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SUMMARY: On March 24, 2008, EPA received a Toxic Substances Control Act
(TSCA) section 21 petition from numerous organizations and individuals
concerned about risks to human health and the environment from exposure
to formaldehyde in composite wood products, specifically hardwood
plywood, particleboard, and medium density fiberboard. In response to
that petition, EPA decided to initiate a proceeding to investigate
whether and what type of regulatory or other action might be
appropriate to protect against risks posed by formaldehyde emitted from
these and other pressed wood products. This document commences that
proceeding by describing EPA's initial steps in that investigation and
requesting comment, information, and data relating to formaldehyde
emissions from pressed wood products. This document also announces five
public meetings that EPA has scheduled in order to obtain additional
stakeholder input.
[[Page 73621]]
DATES: Comments must be received on or before February 2, 2009. For
public meeting information, see Unit III.A.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0627, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
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: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2008-0627. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2008-0627. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPPT Docket. The OPPT Docket is located 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 Federal
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. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Linter, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
For technical information contact: Cindy Wheeler, National Program
Chemicals Division, Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-0484; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This document is directed to the public in general. However, this
document may be of particular interest to the following entities:
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).
All other basic organic chemical manufacturing (NAICS
code 325199), e.g., formaldehyde manufacturing.
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).
Plastics material and resin manufacturing (NAICS code
325211).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, 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 e-mail. 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
[[Page 73622]]
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 submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use
of profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. Basic Information
Formaldehyde is a colorless, strong-smelling gas. Commonly used as
a preservative in medical laboratories and mortuaries, formaldehyde is
also found in other products such as chemicals, pressed wood products
(e.g., particleboard, fiberboard, and plywood), household products,
glues, permanent press fabrics, and paper product coatings.
Formaldehyde is widely used as a fungicide, germicide, and
disinfectant. It is also a by-product of combustion and certain other
natural processes.
Although there may be many sources of formaldehyde in air inside
homes, including various household products, cigarette smoke, and un-
vented, fuel-burning appliances (gas stoves, kerosene space heaters),
the most significant sources of formaldehyde are likely to be pressed
wood products made using adhesives that contain urea-formaldehyde (UF)
and other formaldehyde-based resins. Pressed wood products typically
made with such resins for indoor use include, but are not limited to:
Particleboard (used as sub-flooring and shelving and in cabinetry and
furniture); hardwood plywood paneling (used for decorative wall
covering and used in cabinets and furniture); and medium density
fiberboard (used for drawer fronts, cabinets, and furniture tops).
Medium density fiberboard contains a higher resin-to-wood ratio than
any other UF pressed wood product and is generally recognized as being
the highest formaldehyde-emitting pressed wood product. Other pressed
wood products include waferboard, oriented strandboard, hardboard,
laminated veneer lumber, and parallel strand lumber.
Formaldehyde is both an irritant and a probable human carcinogen.
Depending on concentration, it is well recognized that formaldehyde can
be an eye, nose, and throat irritant, even when exposure is of
relatively short duration. In the indoor environment, sensory reactions
and various symptoms as a result of mucous membrane irritation are
potential effects, and, while there are large individual differences in
the general population, the differences may be even greater when
sensitive people are included in an analysis (Ref. 1). EPA acknowledges
that there are uncertainties relating to irritation response levels in
humans. As noted in Unit IV.C. of the June 27, 2008 Federal Register
notice discussed in Unit II.B.2. of this document, EPA is currently
conducting an irritation hazard characterization that could be used to
evaluate possible regulatory and other actions to address formaldehyde
emissions from pressed wood products (Ref. 2).
In 1991, EPA classified formaldehyde as a probable human
carcinogen, ``based on limited evidence in humans, and sufficient
evidence in animals,'' and derived an inhalation unit risk factor for
assessing formaldehyde cancer risk (Ref. 3). As discussed in the June
27, 2008 Federal Register notice, the assessment and modeling procedure
used to develop EPA's cancer risk assessment is not based on the most
current information. EPA's Office of Research and Development (ORD) is
currently engaged in a reassessment of the potential cancer and non-
cancer risks of formaldehyde through the ORD Integrated Risk
Information System (IRIS) program. As a result of the IRIS reassessment
process, EPA may determine that the appropriate cancer unit risk is
higher or lower than the 1991 value after considering the currently
available scientific information, including human data.
ORD and OPPTS are collaborating on developing an EPA IRIS
assessment for non-cancer effects, including an irritation hazard
characterization, of formaldehyde. This assessment will be expedited
and prepared separately from the formaldehyde IRIS cancer reassessment.
If the jointly-developed non-cancer assessment is peer-reviewed and
completed in a timely manner, OPPTS will use it to inform its decision-
making as part of a rulemaking under TSCA. The Agency's assessment
process will include the appropriate external peer review, which will
offer opportunities for public comment on the underlying science.
EPA also intends to commission the National Academy of Sciences to
conduct a comprehensive review of the available scientific data on
formaldehyde. The Agency believes that this additional analysis and
advice will further strengthen the scientific basis of its
understanding of formaldehyde risks.
Formaldehyde is also one of 187 compounds listed under section
112(b)(1) of the Clean Air Act (CAA) as a hazardous air pollutant
(HAP). The CAA requires EPA to regulate emissions of HAPs from a
published list of industrial source categories. The EPA has developed
lists of major and area source categories that must meet control
technology requirements for HAPs and has developed (or is developing)
standards for these source categories. The plywood and composite wood
products (PCWP) National Emission Standards for Hazardous Air
Pollutants (NESHAP) is one of these standards (Ref. 4). The PCWP NESHAP
controls emissions of formaldehyde and other HAPs from various process
units (e.g., dryers and presses) at PWCP facilities.
B. The Section 21 Petition
On March 24, 2008, 25 organizations and approximately 5,000
individuals petitioned EPA under section 21 of TSCA to use section 6 of
TSCA to adopt a recently-promulgated California regulation concerning
emissions of formaldehyde from three types of products California
described as composite wood products: Hardwood plywood, particleboard,
and medium density fiberboard (Ref. 5). The petitioners asked EPA to
assess and reduce the risks posed by formaldehyde emitted from these
products by exercising its authority under TSCA section 6 to adopt and
apply nationally the California formaldehyde emissions regulation for
these composite wood products. In addition, petitioners requested EPA
to extend this regulation to include composite wood products used in
manufactured homes.
1. The California Air Resource Board's Airborne Toxics Control
Measure. In 2007, the California Air Resource Board (CARB) approved an
[[Page 73623]]
Airborne Toxics Control Measure (ATCM) for formaldehyde emissions from
hardwood plywood, particleboard, and medium density fiberboard (Ref.
6). The ATCM was approved on April 18, 2008 by the California Office of
Administrative Law and the first emission standards will take effect on
January 1, 2009. The ATCM requires manufacturers to meet formaldehyde
emission standards for any of these products that are sold, offered for
sale, supplied, or manufactured for use in California. The ATCM also
requires that compliant products be used in finished goods sold,
offered for sale, supplied or manufactured for sale in California. The
ATCM does not apply to hardwood plywood and particleboard materials
when installed in manufactured homes subject to regulations promulgated
by the United States Department of Housing and Urban Development (HUD).
Seventeen percent of new construction and eight percent of existing
manufactured housing are built according to HUD's regulations (Ref. 7).
The ATCM's ``Phase 1'' emission standards for hardwood plywood,
particleboard, and medium density fiberboard will take effect on
January 1, 2009. More stringent ``Phase 2'' standards will be phased in
between 2010 and 2012. The ATCM does not allow manufacturers to meet
these emission standards using barrier methods. CARB anticipates that
manufacturers will meet the ``Phase 1'' standards by using resin
technologies that are similar to those commonly in use today. To meet
the ``Phase 2'' standards, CARB believes that manufacturers will likely
use modified current day urea-formaldehyde (UF), no-added formaldehyde
(NAF), or ultra-low-emitting formaldehyde (ULEF) resin systems.
The ATCM requires manufacturers of covered products to demonstrate
compliance with the emission standards by being certified by an
independent party known as a ``third party certifier.'' Third party
certifiers must be approved by CARB and must follow specified
requirements to verify that a manufacturer's production meets
applicable formaldehyde emission standards. Once their product has been
approved by CARB, manufacturers who use NAF or some ULEF resin systems
are exempt from ongoing testing requirements. Manufacturers who use
other ULEF resin systems may be granted a reduction in frequency for
ongoing testing. Manufacturers would also be required to label their
covered products to identify them as meeting either the ``Phase 1'' or
``Phase 2'' emission standards, or as being made with either NAF or
ULEF resins. The ATCM also imposes recordkeeping requirements on
manufacturers to document compliance.
The ATCM requires distributors, importers, fabricators, and
retailers to purchase and sell panels and finished goods that comply
with applicable formaldehyde emission standards. They must take
precautions, such as communicating with their suppliers, to ensure that
the products they purchase are in compliance with applicable emission
standards. Distributors and importers must maintain records documenting
compliance and fabricators must also label their finished goods as
compliant with the applicable standards.
2. EPA's response to the petition. Although a substantial amount of
information was submitted by reference with the petition or otherwise
available to the Agency, EPA determined that the available information
was not sufficient to support an evaluation of whether formaldehyde
emitted from hardwood plywood, particleboard, and medium density
fiberboard presents or will present an unreasonable risk to human
health (including cancer and non-cancer endpoints) under TSCA section
6. As discussed in detail in the Federal Register notice announcing
EPA's response to the petition, EPA's evaluation of the data provided
by the petitioners revealed significant information gaps that would
need to be filled to support an evaluation of whether use of
formaldehyde in these products presents or will present an unreasonable
risk under TSCA section 6 (Ref. 2).
Nevertheless, after considering the information presented by the
petitioners (including information in the California administrative
record), information submitted by commenters, and other available
information, EPA decided to initiate a proceeding to investigate
whether and what type of regulatory or other action might be
appropriate to protect against risks posed by formaldehyde emitted from
the products covered by the CARB ATCM as well as other pressed wood
products. At the conclusion of this investigation, EPA anticipates
determining whether EPA should take action, which may include
regulatory action under TSCA section 6(a), action under TSCA section
6(b), voluntary or regulatory (e.g., under TSCA section 6) application
of a voluntary consensus standard, or other approaches. While
evaluating options, EPA intends to engage the public in this process
and coordinate efforts with other interested agencies. The purpose of
this document is to outline the steps EPA plans to take as part of this
investigation, including opportunities for public participation, and to
request comment and data in particular areas where available
information is lacking.
III. Public Participation
With this document, EPA is announcing its plans to involve
stakeholders in gathering information to inform EPA's determination of
the scope of the problem and EPA's decision on the best ways to address
risks that may be posed by formaldehyde emissions from pressed wood
products. EPA is beginning the public participation process by
soliciting stakeholder assistance in obtaining a better understanding
of the available control technologies and approaches, current and
future industry practices, and implementation of the CARB ATCM. This
document contains numerous specific requests for comment, information,
and data on topics of current interest to EPA. Stakeholders are
encouraged to respond to these requests and to provide comment on any
other matters pertaining to the content of this document.
In addition, EPA is planning to hold five half-day public meetings
in January of 2009. The purpose of these meetings is to receive
stakeholder comments on the issue of formaldehyde emissions from
pressed wood products, including the questions described in this
document, and on future opportunities for public participation on this
issue.
A. Meeting Dates and Locations
The meetings will be held as follows:
1. In Research Triangle Park, NC on January 8, 2009, from 1 p.m. to
5 p.m. The meeting will be held at the Environmental Protection Agency,
Main Campus Auditorium (C111B/C), 109 TW Alexander Drive, Research
Triangle Park, North Carolina 27711.
2. In Portland, OR on January 13, 2009, from 1 p.m. to 5 p.m. The
meeting will be held at the State Public Health Building, 800 NE Oregon
St., Room 1B, Portland, Oregon 97232.
3. In Chicago, IL on January 15, 2009, from 8:30 a.m. to 12:30 p.m.
The meeting will be held at the Ralph Metcalfe Federal Building, Room
328, 77 West Jackson Blvd., Chicago, IL 60604.
4. In Dallas, TX on January 26, 2009, from 1 p.m. to 5 p.m. The
meeting will be held at the Environmental Protection Agency, 1445 Ross
Avenue, 12th Floor, Dallas,Texas 75202.
5. In Washington, DC on January 29, 2009, from 1 p.m. to 5 p.m. The
meeting will be held at the Environmental Protection Agency, EPA East,
Room
[[Page 73624]]
1153, 1201 Constitution Ave., Washington, DC 20460.
B. Meeting Procedures
For additional information on the scheduled meetings, contact the
technical person listed under FOR FURTHER INFORMATION CONTACT. The
meetings will be open to the public. Oral presentations or statements
by interested parties will be limited to 10 minutes. Interested parties
are encouraged to contact the technical person at least 10 days prior
to the meeting to schedule presentations. Since seating for outside
observers may be limited, those wishing to attend the meetings as
observers are also encouraged to contact the technical person at the
earliest possible date, but no later than 10 days before the meeting,
to ensure adequate seating arrangements.
To request accommodation of a disability, please contact the
technical person listed under FOR FURTHER INFORMATON CONTACT,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.
IV. Investigation Overview and Specific Requests for Comment,
Information, and Data
The first part of this Unit describes the elements of EPA's
investigation and includes specific requests for comments, information,
and data that may pertain to each investigation element. The second
part of this Unit describes each of the various tools that EPA may use
to address risks that may be posed by formaldehyde emissions from
pressed wood products, along with requests for comment on these and
other regulatory and voluntary approaches.
A. Investigation Elements and Associated Requests for Comment,
Information, and Data
1. Industry profile. EPA seeks to obtain a better understanding of
the available technologies to control formaldehyde emissions from
pressed wood products, industry practices, and implementation of the
CARB ATCM. EPA is planning an industry survey to supplement the
information that EPA is requesting in this document. EPA requests
commenters on this notice to provide information or data they may have
regarding the pressed wood product industry. To the extent that the
requested information was already submitted in response to EPA's
request for comment on the TSCA section 21 petition, or is already
publicly available and summarized in prior reports, such as those
prepared in the late 1990s to support development of the PCWP NESHAP
(Refs. 8, 9, 10, 11), EPA requests that commenters note such reports
and whether the reports remain accurate with respect to new
developments or changes that have occurred over time. EPA is
particularly interested in responses to the following questions:
a. Pressed wood products. EPA has identified the following
categories of pressed wood products that may be manufactured using
urea-formaldehyde (UF) resin and other formaldehyde-based resins:
Particleboard, medium density fiberboard, hardwood and softwood
plywood, waferboard, oriented strandboard, hardboard, parallel strand
lumber, laminated veneer lumber, prefabricated I-joists, and glued
laminated beams (Ref. 12).
i. Are there other pressed wood products that may contain
formaldehyde-based resins? What are these products?
ii. The CARB ATCM covers only three types of pressed wood products:
Particleboard, medium density fiberboard, and hardwood plywood. Are
there other specific pressed wood products or categories of pressed
wood products that have been demonstrated to result in comparable or
higher formaldehyde emissions? What emission levels have been reported
and what percentages of these products have or may have such emissions?
What companies produce or import such products? What are the
applications for these products?
iii. What are the end-uses and quantities for each type of pressed
wood product? In particular, EPA would like to receive information on
the production volume (expressed as square feet or some comparable
value) for each type of pressed wood product that is used in each end-
use market, such as the amount of hardwood plywood used in cabinetry,
furniture, paneling, door panels/skins, etc.
iv. To what degree are domestic and imported products
interchangeable?
b. Resins used in manufacturing pressed wood products.
Formaldehyde-based resins may be used in the manufacture of pressed
wood products. The resins may serve to bind together raw wood
materials, such as wood shavings, flakes, wafers, chips, particles,
veneers, fibers, strands, or sawdust, to form the pressed wood product.
There are several types of formaldehyde-based resins. Additionally,
there are alternative resins that are not formaldehyde-based. The types
of resins commonly used in pressed wood products include the following:
Urea-formaldehyde (UF) resin, phenol-formaldehyde (PF) resin, melamine-
formaldehyde (MF) resin, melamine-urea-formaldehyde (MUF) resin,
isocyanate resin, polydiphenylmethane diisocyanate (pMDI) resin,
polyvinyl acetate (PVA), and soy-based resin. Less commonly-used resins
include: Ammonia urea formaldehyde (AUF), phenol resorcinol
formaldehyde (PRF), phenol urea formaldehyde (PUF), phenol urea
formaldehyde tannin (PUFT), and resorcinol formaldehyde (RF).
i. What types of resins, whether formaldehyde-based or not, are or
may be used in the manufacture of each type of pressed wood product
listed in Unit IV.A.1.a?
ii. What are the typical concentrations of free formaldehyde in
each formaldehyde-based resin type and in each type of pressed wood
product? (The term ``free formaldehyde'' refers to unreacted
formaldehyde and formaldehyde that may become available from
depolymerization of the resin.) EPA is also interested in information
on the total quantity and typical mole ratio of the components of each
type of resin used for each type of pressed wood product.
c. Evaluation of manufacturing processes. EPA is seeking detailed
information on the manufacturing processes for each type of pressed
wood product, including the operating parameters and conditions, unit
operations, and equipment.
i. EPA is interested in descriptions of all of the factors,
including the composition of raw materials and unit operating
parameters, at each step in the manufacturing process that may affect
the formaldehyde content of finished pressed wood products. EPA
requests descriptions of the methods, including unit operations and
operating procedures, used for controlling the content of formaldehyde
in pressed wood products.
ii. EPA requests any available information on the overall mass
balance and the formaldehyde mass balance per unit operation.
iii. EPA is interested in any available information on optimization
studies of the factors affecting the formaldehyde content of finished
pressed wood products. In general, an optimization study is a study of
the means to improve the economic, environmental, health or safety
performance of a chemical process. Improvements in one or more specific
performance areas may have adverse impacts on other performance areas.
In this context, EPA is requesting information on studies on the means
of altering the process used to manufacture pressed wood products for
the purpose
[[Page 73625]]
of reducing emissions of formaldehyde from such products. EPA is
interested in any such information, including the results from bench
scale experimental studies and engineering design studies with pilot
plant or commercial production test run data.
iv. What are the quality control measures for the control of
formaldehyde emissions from pressed wood products undertaken at
manufacturing facilities? How often, to what extent, and why do these
measures fail?
d. Product alternatives. EPA requests comment, data, and
information on the potential alternatives that would reduce
formaldehyde emissions from pressed wood products. EPA is also
interested in the performance characteristics of, and the costs
associated with using, alternative chemicals and processes to
manufacture products that meet the CARB ATCM standards.
i. What low- or no- formaldehyde emitting substitutes exist? What
percentage of the pressed wood market uses them? What percentage of the
national pressed wood market, exclusive of California, is expected to
use them after 2012 (when the CARB ATCM's Phase 2 emission limits have
become effective), and in which products are they expected to be used?
ii. If a pressed wood products manufacturer were interested in
reducing formaldehyde emissions, would the manufacturer substitute
another resin (or resins) or modify the resins currently used? Which
resins? Why?
iii. Do control technologies exist to reduce the levels of free
formaldehyde in existing resin types? If so, what is the estimated
effectiveness of each control technology? What is the basis for the
effectiveness estimate?
iv. EPA has begun evaluating various resin formulations that have
been manufactured to improve or eliminate formaldehyde emissions. EPA
seeks information, including resin formulation, human health hazard,
process, product performance, and cost information, from manufacturers
who use or intend to use resins identified in the following list,
manufacturers who use or intend to use other resins, and manufacturers
who use or intend to use other methods to meet the CARB ATCM's Phase 1
and Phase 2 standards:
Ethenol homopolymer (CASRN: 9002-89-5)
Isocyanic acid, polymethylenepolyphenylene ester (CASRN:
9016-87-9)
Urea, polymer with formaldehyde and 1,3,5-triazine-2,4,6-
triamine (CASRN: 25036-13-9)
Urea, polymer with formaldehyde and phenol (CASRN: 25104-
55-6)
Hexanedioic acid, polymer with N1-(2-aminoethyl)-1,2-
ethanediamine and 2-(chloromethyl)oxirane (CASRN: 25212-19-5)
Urea, polymer with formaldehyde, phenol and 1,3,5-
triazine-2,4,6-triamine (CASRN: 25212-25-3)
Urea, polymer with formaldehyde and methanol (CASRN:
37999-54-5)
Poly[oxy(methyl-1,2-ethanediyl)], a-hydro-[omega]-
hydroxy-, ether with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol (3:1),
polymer with 1,1'-methylenebis[4-isocyanatobenzene] (CASRN: 57596-50-6)
Tannins, polymers with formaldehyde and phenol (CASRN:
68910-49-6)
PureBond (Identity has been claimed confidential, but it
is known to be soy-based)
v. What testing has been done to determine the effectiveness of the
different barrier technologies (e.g., melamine sheets, paper coatings,
varnish or paint treatments, films, foils) at lowering formaldehyde
emissions over the lifetime of the coated pressed wood product? What
are the results of that testing? The Agency is aware that some barrier
methods need additional treatment of the remaining uncoated surfaces of
the pressed wood products (i.e., edge treatments with scavenger
coatings) to work effectively. Has the use of barrier treatment or
combination treatment eliminated the potential for formaldehyde
emissions or simply deferred the release of formaldehyde, perhaps until
the end of the wood products' life cycle? Are data available to show
that the efficient use of scavenger chemicals is effective in
permanently reducing formaldehyde emissions?
vi. What product substitutes exist for the products covered by the
CARB ATCM, and what product substitutes exist for other pressed wood
products? For example, oriented strandboard might be used in place of
particleboard, or solid lumber might be used in place of fiberboard.
What are the performance characteristics of and the costs associated
with using product substitutes?
e. Reaction to the CARB ATCM. For companies that manufacture,
import, fabricate, wholesale, or retail hardwood plywood,
particleboard, or medium density fiberboard for sale outside of
California:
i. Do you intend on distributing two sets of products, one that is
compliant with the CARB ATCM (for sale in California) and another that
is not CARB-compliant (for sale outside of California)? Do you intend
to sell a single set of products (inside and outside of California)
that comply with the CARB ATCM's Phase 2 standards? What factors are
influential in making this decision (e.g., where your company is
located, where your clients are located or sell their products, how
large your company is)?
ii. If you intend on manufacturing hardwood plywood, particleboard,
or medium density fiberboard products that comply with the CARB ATCM's
Phase 2 standards, what resin system(s), additives, process
modifications, or post-treatment did you previously use and what do you
anticipate using in order to comply with the CARB ATCM?
iii. If you do not intend on selling products that comply with the
CARB ATCM's Phase 2 standards, why not? What factors influence your
decision of whether or not to sell products that comply with the CARB
ATCM's Phase 2 standards?
iv. If you do not intend on selling products that comply with the
CARB ATCM's Phase 2 standards, what level of formaldehyde emissions do
you anticipate that your products will have? For example, will they
meet the CARB ATCM's Phase 1 standards?
v. What are the key factors in determining the cost of complying
with the CARB ATCM, and how do these vary across plants? For example,
key factors may include whether the forming line in a pressed wood
plant uses cauls or is caulless, or whether the presses are single
opening, multi-opening, or continuous.
vi. Are data available on whether or how formaldehyde emission
rates or compliance with the CARB ATCM may differ between domestic and
imported products?
2. Exposure assessment. EPA has also initiated development of an
exposure assessment for formaldehyde emissions from pressed wood
products. Exposure assessments identify the pathways by which toxic
substances may reach individuals, estimate how much of a substance an
individual is likely to be exposed to (including the frequency and
duration of exposure), estimate time-activity patterns, and estimate
the number of individuals likely to be exposed. While this exposure
assessment will primarily focus on consumer exposures, including
children's exposures, EPA also plans to evaluate occupational exposures
and exposures to emissions from manufacturing operations to assess
benefits of any action developed to reduce consumer exposures to
formaldehyde emissions from pressed wood products. EPA is reviewing the
[[Page 73626]]
available data for this purpose, including the data submitted by
reference with the TSCA section 21 petition. Commenters are requested
to submit any available information or data they may have that pertains
to formaldehyde exposures and pressed wood products. EPA is
particularly interested in the following:
a. Product emissions. i. What are the emissions profiles (e.g.,
mass of formaldehyde emitted over time, decay rate over time, and
measurement method and parameters) of pressed wood-products containing
formaldehyde-based resins on a national level? To the extent such
information is available, EPA is interested in emissions profiles for
each of the various types of resins, pressed wood products, and
consumer goods.
ii. What data are available on the emissions profiles of the
pressed wood products that could be used as substitutes?
b. Children's furniture. i. What is the surface area (square feet)
of pressed wood product per unit of furniture that is used by children,
such as baby cribs, changing tables, and toddler beds? What type of
pressed wood product is used (e.g., UF-bonded hardwood plywood, soy-
bonded hardwood plywood, UF fiberboard, MDI fiberboard) in children's
furniture? What part of the furniture unit contains the pressed wood
product? On a national level, how many units of children's furniture
containing pressed wood product are sold?
ii. Are there any studies that have measured the formaldehyde
exposure of children sleeping on furniture containing pressed wood
products? What are the results? Are there any models available to
estimate exposures from such microenvironments? Are there any data
available on time-activity pattern data or air exchange rates specific
for this scenario?
c. Other items. i. What are the current pressed wood
characterizations and emission profiles of other pressed wood items,
such as kitchen cabinets, entertainment centers, office furniture,
etc.?
ii. What amount of pressed wood product goes into the construction
of these types of products? How much of it is pressed wood product made
with UF or other formaldehyde-based resins? Do imported cabinets and
other furniture contain more or less pressed wood than similar domestic
products?
iii. What amount (square feet) of pressed wood product will be
installed into a kitchen during both minor renovations (refacing
kitchen countertops and cabinets) and extensive renovations (where all
countertops and cabinets are replaced)? Are there other renovation
projects that typically involve a significant amount of pressed wood
product? Which ones?
iv. Are there any studies that have measured the formaldehyde
exposure of occupants to furniture and/or cabinets containing pressed
wood products? Are there any models available to estimate exposures
from such microenvironments? Are there any data available on time-
activity pattern data or air exchange rates specific for this scenario?
d. Emissions from manufacturing operations. The manufacture of
pressed wood products may release formaldehyde into the environment.
Formaldehyde points of release may include, but are not limited to, the
following: Fugitive and point source air emissions from refining,
preheating, humidifying and/or drying of the wood materials; pressing
and/or cooling of the wood product after adhesive application;
finishing operations (aging, trimming, sanding, sorting, and storing);
container residue from containers used to transport resins and/or
adhesives; equipment cleanup wastes; combustion of formaldehyde-
containing wood scraps, such as for energy recovery; and other handling
of process or product wastes that contain formaldehyde. EPA requests
information or data that commenters may have on emissions from pressed
wood product manufacturing operations. To the extent that the requested
information is already publicly available and summarized in prior
reports, such as those prepared in the late 1990s to support
development of the PCWP NESHAP (Refs. 6, 7, 8, 9), EPA requests that
commenters note such reports and comment on whether the reports remain
accurate with respect to new developments or changes that have occurred
over time. EPA plans to evaluate exposures to emissions from
manufacturing operations to assess benefits of any action developed to
reduce consumer exposures to formaldehyde emissions from pressed wood
products.
i. EPA is requesting information and data on all points of
formaldehyde releases, including the quantity of such releases and the
media to which formaldehyde is released, during the manufacture of each
type of pressed wood product.
ii. EPA is interested in information on any control technologies,
such as on-site wastewater treatment, filtration systems, or air
pollution control devices (e.g., regenerative thermal oxidizers,
biofilters, steam separation, scrubbers, ionic liquid technology), used
to mitigate the environmental release of formaldehyde associated with
the manufacture of pressed wood products, including estimates of the
effectiveness of each control technology and the basis for each
effectiveness estimate.
e. Occupational exposure. During manufacturing of pressed wood
products, occupational exposure to formaldehyde may occur to workers
who are in contact with, or in proximity to, the manufacturing or
fabricating process, raw materials, or pressed wood products. EPA plans
to evaluate occupational exposures to assess benefits of any action
developed to reduce consumer exposures to formaldehyde emissions from
pressed wood products. EPA is particularly interested in the potential
for alternative chemicals and processes to reduce occupational
exposures to formaldehyde during pressed wood product manufacture,
processing, and distribution. EPA requests information on all worker
activities in pressed wood manufacturing and fabricating that may
result in occupational exposure to formaldehyde.
i. For each worker activity, EPA is interested in the duration of
exposure per day and the frequency of the activity in days per year.
For example, in a particular company's manufacturing process, two
workers may empty containers of formaldehyde-containing resin into an
applicator. For this company, this activity may take two hours per day
and occur 250 days per year.
ii. EPA requests any recent information (i.e., from the past 5
years), including studies, on worker exposures to formaldehyde during
pressed wood product manufacturing processes, as well as any
information on control technologies and/or personal protective
equipment (PPE) that are used to mitigate occupational exposures of
formaldehyde.
iii. EPA also requests comparable information on exposure to
chemicals (e.g., regulated by EPA or the Occupational Safety and Health
Administration) that are used in alternative resins or that are present
as unreacted monomers in alternative resins (such as methylene
diisocyanate (MDI), vinyl acetate monomer (VAM), and epichlorohydrin)).
f. Emissions measurement and modeling. EPA is interested in
information on measuring formaldehyde emissions from pressed wood
products and modeling exposures to these emissions.
i. What are the state of the art methods for measuring formaldehyde
releases from pressed wood products?
[[Page 73627]]
For each method, EPA requests information on method detection limits,
sample preparation, and product representation. EPA is interested in
the advantages and disadvantages of each method as compared to other
available methods.
ii. Are there any air monitoring data, other measured results,
calculations, or verified/validated models that can be used for real
life (in-home) exposure analysis? EPA is also interested in details as
to the methods and approaches used in such studies.
g. Building-specific exposure information. EPA is interested in
exposure information that may be specific to formaldehyde emissions
from pressed wood products installed in various types of buildings,
especially manufactured buildings or structures not regulated by HUD,
such as park homes or trailers, travel trailers, portable classrooms,
and temporary office trailers.
i. What types and amounts of pressed wood products are used in each
such type of building or structure?
ii. What are the occupancy rates (e.g., number of people, days per
year of occupancy), exposed population, time-activity patterns, and air
exchange rates of each such type of building or structure?
iii. What monitoring studies or other exposure information are
available for formaldehyde emissions from pressed wood products
installed in these types of buildings or structures?
3. Economic analysis. As discussed in Unit IV.B. of this document,
EPA is considering whether regulatory and/or voluntary actions are
necessary to address formaldehyde emissions from pressed wood products.
One of the options EPA plans to consider is whether it is appropriate
to promulgate a rule under TSCA section 6(a). In promulgating any rule
under TSCA section 6(a) with respect to a chemical substance, TSCA
section 6(c) requires the Administrator to consider (among other
factors), the benefits of such substance or mixture for various uses
and the availability of substitutes for such uses, and the reasonably
ascertainable economic consequences of the rule, after consideration of
the effect on the national economy, small business, technological
innovation, the environment, and public health.
These considerations may be informative whether or not EPA proceeds
under TSCA section 6(a). Therefore, EPA requests information that it
can use in preparing an economic analysis. Such information includes
the cost and performance characteristics of substitute technologies to
control formaldehyde emissions from pressed wood products; the extent
to which substitute technologies are drop-in technologies (i.e., can be
used with existing equipment in a plant or require modifications to
existing equipment); the supply and demand elasticities for markets
potentially affected by action on formaldehyde in pressed wood
products, including the markets for pressed wood, fabricated goods made
from pressed wood (such as furniture, doors, kitchen cabinets, etc.),
and resins or adhesives used in pressed wood; and information needed to
assess the benefits of controlling exposures to formaldehyde from
pressed wood products (such as the magnitude of exposure, the dollar
value of the health effects resulting from such exposures, and the
dollar value of any benefits not related to health endpoints, such as
reduced exposure to unwanted odors).
B. Regulatory Authorities and Voluntary Options
The previous Unit of this notice describes the assessments EPA is
undertaking in order to make a determination whether regulatory and/or
voluntary action is needed to address risks that may be posed by
formaldehyde emissions from pressed wood products. While EPA has not
yet made this determination, EPA recognizes that stakeholders are
likely to have valuable insights into the tools available to address
risks. EPA also believes that it is most useful to obtain these
insights early in the investigation process. This Unit briefly
describes two of the regulatory authorities that EPA could use and
requests comment on each. This Unit also asks whether any other
regulatory authorities should be considered and seeks input on the
possible use of voluntary approaches alone and in connection with
regulatory approaches. EPA is particularly interested in comment,
information, and data on the strengths and limitations of all of the
options available to EPA. Additional specific requests for comment on
each approach are included in the description of each approach.
1. TSCA section 6(a). In order to promulgate a rule under TSCA
section 6(a), the Administrator must find that ``there is a reasonable
basis to conclude that the manufacture, processing, distribution in
commerce, use, or disposal of a chemical substance or mixture * * *
presents or will present an unreasonable risk of injury to health or
the environment.'' This finding cannot be made considering risk alone.
In promulgating any rule under TSCA section 6(a), TSCA section 6(c)
requires the Administrator to consider:
The effects of such substance or mixture on health and
the magnitude of the exposure of human beings to such substance or
mixture.
The effects of such substance or mixture on the
environment and the magnitude of the exposure of the environment to
such substance or mixture.
The benefits of such substance or mixture for various
uses and the availability of substitutes for such uses.
The reasonably ascertainable economic consequences of the
rule, after consideration of the effect on the national economy, small
business, technological innovation, the environment, and public health.
If EPA finds that there is a reasonable basis to conclude that one
or more activities presents an unreasonable risk, TSCA section 6(a)
provides EPA with the authority to:
Prohibit or limit manufacture, processing, or
distribution in commerce;
Prohibit or limit the manufacture, processing, or
distribution in commerce of the chemical above a specified
concentration;
Require adequate warnings and instructions with respect
to use, distribution, or disposal;
Require recordkeeping, monitoring, and testing to ensure
compliance with regulations promulgated under this section;
Prohibit or regulate any manner of commercial use;
Prohibit or regulate any manner of disposal; or
Require manufacturers or processors to give notice of the
unreasonable risk of injury.
TSCA section 6(a) also provides that the control measure or
measures adopted must be the ``least burdensome requirements'' that
adequately protect against the unreasonable risk.
EPA requests comment on the use of TSCA section 6(a) to regulate
the manufacture, processing, distribution in commerce, commercial use,
or disposal of one or more pressed wood products that contain
formaldehyde. EPA is particularly interested in comments on the
strengths and weaknesses of the control measures that could be adopted
under this section, such as emissions limits or warning labels on
pressed wood products.
2. TSCA section 6(b). TSCA section 6(b) specifically addresses
quality control issues. EPA believes that TSCA section 6(b) is an
available option for addressing formaldehyde risks because the
information available to EPA suggests that formaldehyde emissions
[[Page 73628]]
from some pressed wood products are highly dependent upon the process
used to manufacture the products. If EPA has a reasonable basis to
conclude that a particular manufacturer or processor is making or
producing a chemical substance in such a way that it presents an
unreasonable risk of injury to human health or the environment, EPA may
order the manufacturer or processor to submit a description of its
relevant quality control procedures. If EPA determines that those
quality control procedures are inadequate to prevent an unreasonable
risk, EPA may order the manufacturer or processor to modify its quality
control procedures to the extent necessary to remedy the inadequacy. If
EPA determines that a chemical which presents an unreasonable risk has
been distributed, EPA may order the manufacturer or processor to notify
its customers or the general public, or to replace or repurchase the
chemical as necessary to protect health or the environment or any
combination of these. Manufacturers and processors subject to a
requirement to replace or repurchase must be offered the option to
replace or repurchase, and EPA may prescribe the procedures for doing
so in each case. Orders to revise procedures, to notify customers or
the public, or replace or repurchase chemicals must be issued after an
opportunity for a hearing in accordance with section 554 of the
Administrative Procedures Act (APA), which provides procedural
requirements in cases where an adjudication is required on the record
after an opportunity for a hearing.
EPA will evaluate whether it is feasible to use TSCA section 6(b)
to address risks that may be posed by formaldehyde emissions from one
or more pressed wood products. TSCA section 6(b) is targeted towards
controlling the manufacturing processes of individual manufacturers or
processors. As such, if EPA determines that emissions from pressed wood
products present or will present an unreasonable risk, it may not be
feasible or possible to use TSCA section 6(b) to address all such
risks. EPA requests comment on the use of TSCA section 6(b) in this
manner. In addition, if EPA were to take action under TSCA section 6(b)
with respect to domestic manufacturers of pressed wood products, what
could EPA do to control formaldehyde emissions from imported pressed
wood products or finished goods made from pressed wood products, such
as furniture, cabinets, countertops, and flooring?
3. Other regulatory authorities. Based on a preliminary review of
the available authorities, EPA believes that the most effective
authorities available to address risks that may be presented by
formaldehyde emissions from pressed wood products would be TSCA
sections 6(a) and 6(b). A number of the commenters on the TSCA section
21 petition appeared to support a national emissions limit for pressed
wood products, yet contended that an ``unreasonable risk'' finding
under TSCA section 6 was unjustified. EPA requests comment on other
authorities available to EPA that could be used to impose a national
emissions limit on these products. EPA also requests comment on other
authorities that could be used in other ways to address risks that may
be presented by formaldehyde emissions from pressed wood products.
The TSCA section 21 petition contained a request for EPA to apply
the CARB ATCM to pressed wood products used in manufactured housing. As
discussed in the Federal Register notice responding to the petition,
HUD has standards that apply to pressed wood products in manufactured
housing. Many petition commenters recommended that HUD continue to
exercise jurisdiction over manufactured housing. Some suggested that
EPA refer the matter to HUD under TSCA section 9. HUD itself commented
on the petition (Ref. 13), stating that it had received a proposal to
lower formaldehyde emissions limits from certain products used in the
construction of manufactured homes from the Manufactured Housing
Consensus Committee (MHCC), a Congressionally-established Federal
Advisory Committee. In addition, according to HUD, the MHCC recently
received a new proposal from the public to adopt the CARB ATCM
standards. HUD stated that it will work with the MHCC to review this
new proposal. EPA plans to work collaboratively with HUD to address
risks that may be presented from formaldehyde emissions from pressed
wood products used in manufactured housing.
4. Voluntary approaches. The National Technology Transfer and
Advancement Act (NTTAA) (Pub. L. 104-113, Sec. 12(d), 110 Stat. 775,
783 (1996)) directs federal agencies to use voluntary consensus
standards in their regulatory activities unless to do so would be
``inconsistent with applicable law or otherwise impractical.''
Voluntary consensus standards are technical standards, which include
materials specifications, test methods, sampling protocols, business
practices, and management systems developed or adopted by voluntary
consensus standards bodies, both domestic and international. These
bodies plan, develop, establish, or coordinate voluntary consensus
standards using agreed-upon procedures. The NTTAA also encourages
agencies to consult with voluntary consensus standards bodies and
participate in the development of such standards when compatible with
agency missions, authorities, priorities and budget resources.
Many of the commenters on the TSCA section 21 petition suggested
that EPA work cooperatively with the affected industries to develop
national standards for formaldehyde emissions from pressed wood
products. EPA believes that voluntary initiatives can be useful tools
in addressing risks to human health and the environment, and voluntary
initiatives may be important components of a strategy to address the
formaldehyde emissions that are the subject of this document. Indeed,
there already are voluntary consensus standards for formaldehyde
emissions, such as the standards developed under the auspices of the
American National Standards Institute (ANSI), and voluntary industry
compliance programs, such as the Composite Panel Association's
Grademark program, that address formaldehyde emissions from some
pressed wood products. The Composite Panel Association (CPA), in
comments on the petition, observed that the CPA is accredited by ANSI
as a standards developer (Ref. 14). The CPA further stated that, on
June 3, 2008, the CPA Board of Directors ``approved the insertion of
the CARB Phase 1 and Phase 2 formaldehyde emission limits'' into the
new versions of the ANSI standards for Particleboard (ANSI A208.1) and
for Medium Density Fiberboard (ANSI A208.2). While a consensus
committee must still approve these revised standards, the CPA notes
that, when they are finalized, purveyors of these products would be
able to reference these standards in their ``commercial dealings.'' The
Hardwood Plywood and Veneer Association (HPVA) likewise noted that they
were in the process of revising the ANSI-HPVA national consensus
standards for hardwood plywood and engineered hardwood flooring and
they were considering including the CARB ATCM emission requirements
(Ref. 15).
EPA would be interested in hearing more details from affected
industries as to how voluntary national standards could be developed
and implemented. EPA is specifically interested in comments that
address the following questions:
a. How could EPA encourage compliance with purely voluntary
standards, whether currently-existing or newly-developed?
[[Page 73629]]
b. How successful are the existing programs at reducing
formaldehyde exposures? How could the existing programs be modified to
improve the results? Would a new voluntary program be more successful
at reducing formaldehyde exposures?
c. How would voluntary programs address imported products?
d. What role could regulatory adoption (e.g., using TSCA section 6)
of voluntary consensus standards for formaldehyde emissions play in
EPA's oversight of this issue? How would this approach address imported
products?
V. References
1. Agency for Toxic Substances and Disease Registry. Toxicological
Profile for Formaldehyde. 1999. http://www.atsdr.cdc.gov/toxprofiles/tp111.html
2. EPA. Formaldehyde Emissions from Composite Wood Products;
Disposition of TSCA Section 21 Petition; Notice. Federal Register (73
FR 36504, June 27, 2008).
3. EPA, Office of Research and Development. Formaldehyde.
Integrated Risk Information System. 1991. http://www.epa.gov/iris/links.htm
4. EPA. National Emission Standards for Hazardous Air Pollutants:
Plywood and Composite Wood Products; Final Rule. Federal Register (72
FR 61060, October 29, 2007). http://www.epa.gov/ttn/atw/plypart/fr29oc07.pdf
5. Sierra Club, 25 other organizations, and approximately 5,000
individuals. Letter from Tom Neltner, Sierra Club, to Stephen Johnson,
Administrator, Environmental Protection Agency. Re: Citizen Petition to
EPA Regarding Formaldehyde in Wood Products. March 2008.
6. California Environmental Protection Agency Air Resources Board.
Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from
Composite Wood Products. Final Regulation Order. April 2008. http://www.arb.ca.gov/regact/2007/compwood07/compwood07.htm
7. Note to file. July 17, 2008.
8. EPA, Office of Air Quality Planning and Standards (OAQPS).
Background Information Document for Proposed Plywood and Composite Wood
Products NESHAP. September, 2000.
9. EPA, OAQPS. Memorandum from D. Bullock, K. Hanks, and B.
Nicholson, MRI to M. Kissell, EPA/ESD. Summary of Responses to the 1998
EPA Information Collection Request (MACT Survey) -- General Survey.
April 28, 2000.
10. EPA, OAQPS. Memorandum from K. Hanks and B. Threatt, MRI to M.
Kissell, EPA/ESD. Summary of Responses to the 1998 EPA Information
Collection Request (MACT Survey)--Engineered Wood Products. January 20,
2000.
11. EPA, OAQPS. Memorandum from K. Hanks, B. Threatt, and B.
Nicholson, MRI to M. Kissell, EPA/ESD. Summary of Responses to the 1998
EPA Information Collection Request (MACT Survey)--Hardwood Plywood and
Veneer. May 19, 1999.
12. Department of Agriculture, Forest Service; Forest Products
Laboratory. Wood Handbook--Wood as an Engineering Material. Gen. Tech.
Rep. FPL-GTR-113 (1999). http://www.fpl.fs.fed.us/documnts/fplgtr/fplgtr113/fplgtr113.pdf
13. Department of Housing and Urban Development, Office of
Regulatory Affairs and Manufactured Housing. (May 12, 2008).
14. Composite Panel Association. (May 12, 2008).
15. Hardwood Plywood and Veneer Association. (May 12, 2008).
VI. Statutory and Executive Order Reviews
Under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993), this action was submitted to
the Office of Management and Budget (OMB) for review. Any changes to
the document that were made in response to OMB comments received by EPA
during that review have been documented in the docket as required by
the Executive Order.
Since this document does not impose or propose any requirements,
and instead seeks comments and suggestions for the Agency to consider
in possibly developing a subsequent proposed rule, the various other
review requirements that apply when an agency imposes requirements do
not apply to this action.
As part of your comments on this document, you may include any
comments or information that you have regarding this action. In
particular, any comments or information that would help the Agency to
assess the potential impact of a rule on small entities pursuant to the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.); to consider
voluntary consensus standards pursuant to section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law
104-113, section 12(d) (15 U.S.C. 272 note); to consider environmental
health or safety effects on children pursuant to Executive Order 13045,
entitled ``Protection of Children from Environmental Health Risks and
Safety Risks'' (62 FR 19885, April 23, 1997); or to consider human
health or environmental effects on minority or low-income populations
pursuant to Executive Order 12898, entitled ``Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994). The Agency will consider
such comments during the development of any subsequent notice of
proposed rulemaking as it takes appropriate steps to address any
applicable requirements.
List of Subjects
Environmental protection, Housing, Toxic substances, Wood.
Dated: November 25, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-28585 Filed 12-2-08; 8:45 am]
BILLING CODE 6560-50-S