Increase in Nonimmigrant Visas Fees at Consulates Delayed to June 17, 2023, NLRB General Counsel Asserts Non-Competes Violate the National Labor Relations Act. (3) Recognition agreement. For hardwood plywood samples, the samples must be randomly selected from products that represent the range of formaldehyde emissions of products produced by the panel producer. (5) ISO/IEC 17065:2012(E), Conformity assessmentRequirements for bodies certifying products, processes and services, First edition, 20120915; IBR approved for 770.3; 770.7(a) and (c). (d) Beginning March 22, 2019, importers of articles that are regulated composite wood products, or articles that contain regulated composite wood products, must comply with the import certification regulations for Chemical Substances in Bulk and As Part of Mixtures and Articles, as found at 19 CFR 12.118 through 12.127. [81 FR 89724, Dec. 12, 2016, as amended at 82 FR 44537, Sept. 25, 2017; 84 FR 43525, Aug. 21, 2019]. The notice must include a description of the steps taken to address the deficiency. Quality control manual, facilities, and personnel. This content is from the eCFR and may include recent changes applied to the CFR. Build a Morning News Digest: Easy, Custom Content, Free! Panel sampling shall be conducted according to the quarterly testing procedure at 770.20(c)(2)(iv). Woody grass means a plant of the family Poaceae (formerly Gramineae) with hard lignified tissues or woody parts. Pressing enter in the search box (f) Products that are represented by a quarterly test result that exceeds the applicable emission standard in this section or a quality control test that indicates that the product exceeds the applicable emission standard in this section lose their reduced testing approval and must reapply as specified under 770.18(a). Composite core means a platform for making hardwood plywood or laminated products that consists of particleboard and/or medium density fiberboard, or combination core. (h) Any time there is an operational or process change such as a change in resin formulation, press cycle duration, temperature, or amount of resin used per panel, at least five quality control tests under 770.20 and at least one test result in accordance with paragraph (a)(3) of this section that indicate compliance with the emission standards in paragraph (d)(1) of this section are required. (v) If an EPA TSCA Title VI Product AB does submit an application for renewal prior to the expiration of the previous recognition agreement, it may continue to provide TSCA Title VI accreditation services under the terms of its previous recognition agreement until EPA has taken action on its application for renewal of the recognition agreement. Each EPA TSCA Title VI Product AB must provide, in accordance with 770.8, an annual report on or before March 1st of each year for the AB services performed during the previous calendar year including the number and locations of assessment, reassessment, and surveillance on-site assessments performed for each EPA TSCA Title VI TPC. Production line means a set of operations and physical industrial or mechanical equipment used to produce a composite wood product in one facility utilizing the same or similar equipment and quality assurance and quality control procedures. EPA's regulations related to TSCA section 5 are codified in Title 40, Chapter I, Subchapter R of the Code of Federal Regulations (CFR). This document is available in the following developer friendly formats: Information and documentation can be found in our For such a remote inspection during the period of the unsafe conditions, the TPC must conduct a remote quarterly inspection via live remote technology (e.g., video/teleconference) operating as directed by the TPC to satisfy the requirements of paragraph (c)(4)(i)(F) of this section, and work with the panel producer quality control manager at that time to select, package, sign, and ship the TPC panels/samples for the quarterly test according to 770.20(c). (B) A list of laboratories and test methods used by the TPC, number and volume (cubic meters) of large and small chambers, date of equivalence determination and equivalence data. (1) If a fabricator, importer, distributor, or retailer is notified that they have been supplied a non-complying lot after those composite wood products have been fabricated into component parts or finished goods, the notification requirement at paragraph (d)(1) of this section does not apply. In lieu of participation in the CARB interlaboratory comparison ensure that the TPC laboratory participates in an EPA-recognized proficiency testing program, if available. The final rule creates requirements on three composite woods: hardwood plywood (iv) Be competent to ensure EPA TSCA Title VI TPC inspection activities are in conformance with ISO/IEC 17020:2012(E) (incorporated by reference, see 770.99). Information in this notification is not eligible for treatment as confidential business information. regulation California Health & Safety Code (title 17, sections 93120 - 93120.12). In the event a government entity has identified the existence of unsafe conditions as outlined in 770.7(c)(4)(i)(G) and in order to conduct the required initial, on-site inspection associated with new certification activities, the TPC may conduct a virtual inspection via on-site video/teleconference technology (operating as directed by the TPC) and that aligns with the standard operating procedure the TPC would normally employ during an in-person inspection to satisfy the requirements of this paragraph (c)(1)(viii). Agent for Service means an entity designated by a TPC or AB to receive legal documents on their behalf. Certification | Monitoring and Evaluation | Climate Change and Mitigation. Conditioning of panels for testing must start as soon as possible after panel production, but no later than 30 calendar days after the panels were produced. Finally, Title VI directs EPA to set standards for emissions of formaldehyde from composite wood products. (1) Upon EPA denying a request for recognition of an AB or TPC, EPA will notify the AB or TPC in writing of the following: (i) The legal and factual basis for the denial; and. (v) Notifications. Learn more about the eCFR, its status, and the editorial process. Bundle means more than one composite wood product, component part, or finished good fastened together for transportation or sale. (ii) I have determined that the information is not required to be disclosed or otherwise made available to the public under any other Federal law. (iii) To renew a recognition agreement for an additional three-year period, the EPA TSCA Title VI Laboratory AB must submit an application for renewal in accordance with 770.8 before the three-year period of the recognition agreement lapses. (a) Importers, fabricators, distributors, and retailers must take reasonable precautions to ensure that the composite wood products they sell, supply, offer for sale, or hold for sale, whether in the form of panels, component parts, or finished goods, comply with the emission standards and other requirements of this subpart. (3) ANSI A135.62012, Engineered Wood Siding, Approved June 5, 2012; IBR approved for 770.3. A finished good, including component parts sold directly to consumers, contains a de minimis amount of regulated composite wood product if its regulated composite wood product content does not exceed 144 square inches, based on the surface area of its largest face. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics and pesticides. To demonstrate impartiality, Laboratory ABs must: (5) Responsibilities. Georgia-Pacific Chemicals LLC, 133 Peachtree Street, Atlanta, GA 30303; (877) 3772737; www.gp.com. Service on this agent constitutes service on the AB or any of its officers or employees for any action by EPA or otherwise by the United States related to the requirements of this part. (2) Application. During this two-year transition period, existing CARB-approved TPCs that are recognized by EPA and CARB TPCs approved during this transition period may carry out certification activities under TSCA Title VI, provided that they remain approved by CARB and comply with all aspects of this part other than the requirements of 770.7(c)(1)(i) and (ii) and (c)(2)(iii) and (iv). (d) Equivalence or correlation. Equivalence between ASTM E133314 (incorporated by reference, see 770.99) and ASTM D600714 (incorporated by reference, see 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. (4) Six months of routine quality control tests under 770.20, including a showing of correlation in accordance with 770.20(d)(2), totaling not less than twenty-six quality control tests. 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. Review your content's performance and reach. Conditioning must begin as soon as possible, but no later than 30 calendar days after the samples were produced. TPCs already approved by CARB and TPCs subsequently approved by CARB during the transitional period must apply for EPA recognition in accordance with 770.8 before they can certify any products under this part. APAThe Engineered Wood Association, 7011 S 19th Street, Tacoma, WA 984665333; (253) 5656600; www.apawood.org. CARB Compliance TSCA Title VI Compliant / CARB II Certification This product meets TSCA Title VI / CARB Phase II ATCM 93120.3 for formaldehyde emissions. These records must also include the date, the product type tested, the lot number that the tested material represents, the test method used, and the test results. However, on March 22, 2019, the second stage comes into effect. TPCs may share an agent for service. (a) The sale of stockpiled inventory of composite wood products, whether in the form of panels or incorporated into component parts or finished goods, is prohibited after June 1, 2018. legal for sale in California. To participate in the EPA TSCA Title VI Third-Party Certification Program as an EPA TSCA Title VI TPC, a TPC must be accredited by an EPA TSCA Title VI Product AB, use a laboratory that is accredited by an EPA TSCA Title VI Laboratory AB, have the other qualifications described in this subsection, submit an application and be recognized by EPA, and, upon recognition from EPA, impartially perform the responsibilities described in this section. Test results obtained by ASTM D600714 must include a showing of equivalence in accordance with 770.20(d)(1); and. (F) Notification of a loss of accreditation or notification that the TPC has discontinued its participation in the EPA TSCA Title VI Third-Party Certification Program must be provided within 72 hours. The statement of compliance on an invoice or bill of lading is not a substitute for product labeling requirements. (D) The opportunity and method for requesting a hearing with EPA prior to final suspension, revocation or modification. Each EPA TSCA Title VI Product AB must allow inspections of the AB's facilities by EPA, at reasonable times, within reasonable limits, and in a reasonable manner, upon the presentation of appropriate credentials and a written notification to the AB. Thin medium-density fiberboard means medium-density fiberboard that has a thickness less than or equal to 8 millimeters or 0.315 inches. 2697(a)(3)(C)(i)(I). (B) Notification of an approved or rejected application, including a renewal application, for reduced testing for medium-density fiberboard or particleboard within five calendar days of the approval or rejection with copies of all approved applications forwarded to EPA within 30 calendar days of approval. 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. (iv) Failed quarterly tests. will also bring you to search results. Upon request, each EPA TSCA Title VI TPC must allow EPA representatives to: (A) Accompany the TPC's staff during an assessment, reassessment or surveillance on-site assessment of the TPC by its AB(s); and. (5) Structural composite lumber, as specified in ASTM D545621e1 (incorporated by reference, see 770.99). We recommend you directly contact the agency associated with the content in question. Purchaser means any panel producer, importer, fabricator, distributor, or retailer that acquires composite wood products, component parts, or finished goods for purposes of resale in exchange for money or its equivalent. Distributor means any person or entity to whom a composite wood product, component part, or finished good is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers and retailers are not distributors. (c) BSI. (3) Beginning March 22, 2024, producers of laminated products that, as provided at 770.4, are exempt from the definition of hardwood plywood must comply with the recordkeeping requirements in 770.40(c) and (d) (in addition to the requirements of this part that are applicable to fabricators). Quality control tests must also be conducted whenever: (A) A product type production ends, even if eight hours of production has not been reached; (B) The resin formulation is changed so that the formaldehyde to urea ratio is increased; (C) There is an increase by more than ten percent in the amount of formaldehyde resin used, by square foot or by panel; (D) There is a decrease in the designated press time by more than 20%; or. Where multiple products are grouped in a single product type for testing, this includes all products in the group represented by the sample. To qualify for recognition by EPA under the EPA TSCA Title VI Third-Party Certification Program as an EPA TSCA Title VI Laboratory AB, an applicant Laboratory AB must: (i) Be a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA), or have membership in one of the ILAC recognized regional accreditation cooperations, or an equivalent organization as determined by EPA; (ii) Be in conformance with ISO/IEC 17011:2017(E) (incorporated by reference, see 770.99); (iii) Be competent to perform accreditation activities for laboratory accreditation according to ISO/IEC 17025:2017(E) (incorporated by reference, see 770.99); and. (E) Notification of a change in a non-domestic TPC's agent for service within five calendar days. (iii) Suspension, reduction, withdrawal. A panel producer may work with its EPA TSCA Title VI TPC to develop a correlation and linear regression between the TPC's ASTM E133314 (incorporated by reference, see 770.99) or equivalent ASTM D600714 (incorporated by reference, see 770.99) test method and the panel producer's quality control method under paragraph (b) of this section. (1) During transitional period. Decorative Hardwoods Association (formerly known as Hardwood Plywood and Veneer Association (HPVA)), 42777 Trade West Dr., Sterling, VA 20166; (703) 4352900; www.decorativehardwoods.org. Doormerica American Series and Millennium Doors are designed and manufactured to tough environ- mental standards. (g) Process for denying EPA TSCA Title VI recognition. Box C700, West Conshohocken, PA 194282959; (877) 909ASTM; www.astm.org. (d) Importers, fabricators, distributors, and retailers must maintain the records described in 770.30 for a minimum of three years from the import date or the date of the purchases or shipments described therein. All approved incorporation by reference (IBR) material is available for inspection at the EPA and at the National Archives and Records Administration (NARA). They may be labeled as being made with a combination of compliant composite wood, no-added formaldehyde-based resins, and ultra low-emitting formaldehyde resins, if this is accurate. EPA TSCA Title VI Third-Party Certifier or EPA TSCA Title VI TPC means a conformity assessment body that provides both product certification services and laboratory testing services (either directly or through contracted services), is accredited by an EPA TSCA Title VI Product AB and an EPA TSCA Title VI Laboratory AB (unless the laboratory testing services are contracted to a laboratory accredited by an EPA TSCA Title VI Laboratory AB), and is recognized by EPA pursuant to 770.7(c). will bring you to those results. The panel may be selected from properly stored samples set aside by the panel producer for retest in the event of a failure. (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 770.99) with a scope of accreditation to include this partFormaldehyde Standards for Composite Wood Products and the formaldehyde test methods ASTM E133314 and ASTM D600714, if used, by an EPA TSCA Title VI Laboratory AB (incorporated by reference, see 770.99). Any sample that exceeds the applicable formaldehyde emission standard in 770.10 must be reported by the EPA TSCA Title VI TPC to the panel producer in writing and to EPA, in accordance with 770.8, within 72 hours. EPA developed the LVE and LoREX regulations in 1995 pursuant to TSCA section 5(h)(4) (60 FR 16336, March 29, 1995). Background and more details are available in the Learn more. If you have questions for the Agency that issued the current document please contact the agency directly. Each panel producer must designate a quality control facility for conducting quality control formaldehyde testing. The line between the point near the origin and the average value of the cluster provides the linear regression. Before certifying any products under this part, a TPC must be recognized by EPA under the EPA TSCA Title VI Third-Party Certification Program. (b) The emission standards are based on test method ASTM E133314 (incorporated by reference, see 770.99), and are as follows: (1) For hardwood plywood made with a veneer core or a composite core, 0.05 parts per million (ppm) of formaldehyde. (i) Prior to taking action to suspend, revoke or modify recognition, EPA will notify the participant AB or the participant TPC in writing of the following: (A) The legal and factual basis for the proposed suspension, revocation or modification; (B) The anticipated commencement date and duration of the suspension, revocation or modification; (C) Actions, if any, which the affected AB or TPC may take to avoid suspension, revocation or modification, or to receive recognition in the future; and. EPA may suspend, revoke or modify the recognition of an AB if the AB: (i) No longer maintains signatory status to the IAF MLA or ILAC MRA, membership in one of the IAF/ILAC recognized regional accreditation cooperations, or an equivalent organization as determined by EPA; (ii) Fails to comply with any requirement of TSCA Title VI or this part; (iii) Makes any false or misleading statements on its application, records, or reports; or. (v) If an EPA TSCA Title VI Laboratory AB does submit an application for renewal prior to the expiration of the previous recognition agreement, it may continue to provide TSCA Title VI accreditation services under the terms of its previous recognition agreement until EPA has taken action on its application for renewal of the recognition agreement. (E) The quality control manager or quality control employee has reason to believe that the panel being produced may not meet the requirements of the applicable standards. While all products imported into the U.S. must comply with the new national labeling rules, some imported products may also carry one of two major foreign labels. (1) Allowable methods. Each EPA TSCA Title VI Laboratory AB must provide, in accordance with 770.8, an annual report to EPA on or before March 1st of each year for AB services performed during the previous calendar year including the number and locations of assessment, reassessment, and surveillance on-site assessments performed for each TPC laboratory. For the purposes of this part, the following definitions apply: Accreditation Body or AB means an organization that provides an impartial verification of the competency of conformity assessment bodies or TPCs. EPA TSCA Title VI TPCs certify composite wood products that are produced in accordance with this part and that comply with the emission standards of TSCA Title VI and this part, in accordance with ISO/IEC 17065:2012(E) (incorporated by reference, see 770.99). This includes laminated product producers, but persons or entities in the construction trades are not fabricators by renovating or remodeling buildings. Component part means an object other than a panel that contains one or more composite wood products and is used in the construction or assembly of finished goods. 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 E133314 method (incorporated by reference, see 770.99) or, upon showing equivalence in accordance with 770.20(d), the ASTM D600714 method (incorporated by reference, see 770.99). 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. (g) ISO. Test results obtained by ASTM D600714 must include a showing of equivalence in accordance with 770.20(d)(1); (vi) At least five quality control tests conducted in accordance with 770.20(b)(1); (vii) Correlation data and linear regression equation (or, under the threshold approach, the correlation data and the upper limit); and. Engineered veneer means a type of veneer that is created by dyeing and gluing together leaves of veneer in a mold to produce a block. "California 93120 Phase 2 Compliant for Formaldehyde" or similar; Search & Navigation (4) Composite wood products manufactured (including imported) before June 1, 2018 may be sold, supplied, offered for sale, or used to fabricate component parts or finished goods at any time. (2) For 90% of the six months of routine quality control testing data required under paragraph (a)(4) of this section, no higher than 0.05 ppm of formaldehyde for particleboard, no higher than 0.06 ppm of formaldehyde for medium-density fiberboard, and no higher than 0.08 ppm of formaldehyde for thin medium-density fiberboard. (vi) Annual report. section 2697.
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