5340 Federal Register /Vol. 83, No. 26/Wednesday, ??5340 Federal Register/Vol. 83, No. 26/Wednesday, February 7, 2018/Rules and Regulations secondary materials, Waste treatment and

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<ul><li><p>5340 Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Rules and Regulations </p><p>secondary materials, Waste treatment and disposal. </p><p>Dated: January 26, 2018. E. Scott Pruitt, Administrator. </p><p>For the reasons stated in the preamble, EPA is amending title 40, chapter I, of the Code of Federal Regulations as follows: </p><p>PART 241SOLID WASTES USED AS FUELS OR INGREDIENTS IN COMBUSTION UNITS </p><p> 1. The authority citation for part 241 continues to read as follows: </p><p>Authority: 42 U.S.C. 6903, 6912, 7429. </p><p> 2. Section 241.2 is amended by adding in alphabetical order the definitions Copper naphthenate treated railroad ties, Copper naphthenate-borate treated railroad ties, and Creosote- borate treated railroad ties to read as follows: </p><p> 241.2 Definitions. </p><p>* * * * * Copper naphthenate treated railroad </p><p>ties means railroad ties treated with copper naphthenate made from naphthenic acid and copper salt. </p><p>Copper naphthenate-borate treated railroad ties means railroad ties treated with copper naphthenate and borate, including borate made from disodium octaborate tetrahydrate. * * * * * </p><p>Creosote-borate treated railroad ties means railroad ties treated with a wood preservative containing creosols and phenols and made from coal tar oil and borate, including borate made from disodium octaborate tetrahydrate. * * * * * 3. Section 241.4 is amended by adding paragraphs (a)(8) through (10) to read as follows: </p><p> 241.4 Non-Waste Determinations for Specific Non-Hazardous Secondary Materials When Used as a Fuel. </p><p>(a) * * * (8) Creosote-borate treated railroad </p><p>ties, and mixtures of creosote, borate and/or copper naphthenate treated railroad ties that are processed and then combusted in the following types of units. Processing must include, at a minimum, metal removal and shredding or grinding. </p><p>(i) Units designed to burn both biomass and fuel oil as part of normal operations and not solely as part of start-up or shut-down operations; and </p><p>(ii) Units at major source pulp and paper mills or power producers subject to 40 CFR part 63, subpart DDDDD, designed to burn biomass and fuel oil as </p><p>part of normal operations and not solely as part of start-up or shut-down operations, but are modified (e.g., oil delivery mechanisms are removed) in order to use natural gas instead of fuel oil, The creosote-borate and mixed creosote, borate and copper naphthenate treated railroad ties may continue to be combusted as product fuel under this subparagraph only if the following conditions are met, which are intended to ensure that such railroad ties are not being discarded: </p><p>(A) Creosote-borate and mixed creosote, borate and copper naphthenate treated railroad ties must be burned in existing (i.e., commenced construction prior to April 14, 2014) stoker, bubbling bed, fluidized bed, or hybrid suspension grate boilers; and </p><p>(B) Creosote-borate and mixed creosote, borate and copper naphthenate treated railroad ties can comprise no more than 40 percent of the fuel that is used on an annual heat input basis. </p><p>(iii) Units meeting requirements in paragraph (a)(8)(i) or (ii) of this section that are also designed to burn coal. </p><p>(9) Copper naphthenate treated railroad ties that are processed and then combusted in units designed to burn biomass, biomass and fuel oil, or biomass and coal. Processing must include at a minimum, metal removal, and shredding or grinding. </p><p>(10) Copper naphthenate-borate treated railroad ties that are processed and then combusted in units designed to burn biomass, biomass and fuel oil, or biomass and coal. Processing must include at a minimum, metal removal, and shredding or grinding. * * * * * [FR Doc. 201802337 Filed 2618; 8:45 am] </p><p>BILLING CODE 656050P </p><p>ENVIRONMENTAL PROTECTION AGENCY </p><p>40 CFR Part 261 </p><p>Identification and Listing of Hazardous Waste </p><p>CFR Correction </p><p> In Title 40 of the Code of Federal Regulations, Parts 260 to 265, revised as of July 1, 2017, on page 64, in 261.6, paragraph (a)(2)(iv) is reinstated to read as follows: </p><p> 261.6 Requirements for recyclable materials. </p><p>(a)(1) * * * (2) * * * </p><p>(iv) Spent lead-acid batteries that are being reclaimed (40 CFR part 266, subpart G). * * * * * [FR Doc. 201802518 Filed 2618; 8:45 am] </p><p>BILLING CODE 130100D </p><p>ENVIRONMENTAL PROTECTION AGENCY </p><p>40 CFR Part 261 </p><p>Identification and Listing of Hazardous Waste </p><p>CFR Correction </p><p> In Title 40 of the Code of Federal Regulations, Parts 260 to 265, revised as of July 1, 2017, on page 67, in part 261, the heading of subpart C is reinstated to read: Characteristics of Hazardous Waste. [FR Doc. 201802513 Filed 2618; 8:45 am] </p><p>BILLING CODE 130100D </p><p>ENVIRONMENTAL PROTECTION AGENCY </p><p>40 CFR Part 770 </p><p>[EPAHQOPPT20170245; FRL997268] </p><p>RIN 2070AK36 </p><p>Voluntary Consensus Standards Update; Formaldehyde Emission Standards for Composite Wood Products </p><p>AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. </p><p>SUMMARY: EPA is publishing this final rule to revise the formaldehyde standards for composite wood products regulations . The revision updates the incorporation by reference of multiple voluntary consensus standards that have been updated, superseded, or withdrawn, and provides a technical correction to allow panel producers to correlate their approved quality control test method to the ASTM E133314 test chamber, or, upon showing equivalence, the ASTM D600714 test chamber. DATES: This final rule is effective on February 7, 2018. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of February 7, 2018. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPAHQOPPT20170245, is available at http://www.regulations.gov or at the Office of Pollution Prevention and Toxics Docket (OPPT Docket), </p><p>VerDate Sep2014 17:31 Feb 06, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\07FER1.SGM 07FER1srad</p><p>ovic</p><p>h on</p><p> DS</p><p>K3G</p><p>MQ</p><p>082P</p><p>RO</p><p>D w</p><p>ith R</p><p>ULE</p><p>S</p><p>http://www.regulations.gov</p></li><li><p>5341 Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Rules and Regulations </p><p>Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 5661744, and the telephone number for the OPPT Docket is (202) 5660280. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: </p><p>For technical information contact: Erik Winchester, National Program Chemicals Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 204600001; telephone number: (202) 5646450; email address: winchester.erik@epa.gov. </p><p>For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554 1404; email address: TSCA-Hotline@epa.gov. </p><p>SUPPLEMENTARY INFORMATION: </p><p>I. Does this action apply to me? </p><p>You may be affected by this final rule if you manufacture (including import), sell, supply, offer for sale, test, or work with certification firms that certify hardwood plywood, medium-density fiberboard, particleboard, and/or products containing these composite wood materials in the United States. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: </p><p> Veneer, plywood, and engineered wood product manufacturing (NAICS code 3212). </p><p> Manufactured home (mobile home) manufacturing (NAICS code 321991). </p><p> Prefabricated wood building manufacturing (NAICS code 321992). </p><p> Furniture and related product manufacturing (NAICS code 337). </p><p> Furniture merchant wholesalers (NAICS code 42321). </p><p> Lumber, plywood, millwork, and wood panel merchant wholesalers (NAICS code 42331). </p><p> Other construction material merchant wholesalers (NAICS code 423390), e.g., merchant wholesale distributors of manufactured homes (i.e., mobile homes) and/or prefabricated buildings. </p><p> Furniture stores (NAICS code 4421). </p><p> Building material and supplies dealers (NAICS code 4441). </p><p> Manufactured (mobile) home dealers (NAICS code 45393). </p><p> Motor home manufacturing (NAICS code 336213). </p><p> Travel trailer and camper manufacturing (NAICS code 336214). </p><p> Recreational vehicle (RV) dealers (NAICS code 441210). </p><p> Recreational vehicle merchant wholesalers (NAICS code 423110). </p><p> Engineering services (NAICS code 541330). </p><p> Testing laboratories (NAICS code 541380). </p><p> Administrative management and general management consulting services (NAICS code 541611). </p><p> All other professional, scientific, and technical services (NAICS code 541990). </p><p> All other support services (NAICS code 561990). </p><p> Business associations (NAICS code 813910). </p><p> Professional organizations (NAICS code 813920). </p><p>If you have any questions regarding the applicability of this action, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT. </p><p>II. Background </p><p>A. What action is the Agency taking? </p><p>Following the publication of a Notice of Proposed Rulemaking (see 78 FR 34796 and 78 FR 34820) and promulgation of EPAs December 12, 2016 final rule addressing formaldehyde emission standards for composite wood products (81 FR 89674), multiple voluntary consensus standards that were incorporated by reference have been updated or withdrawn and superseded. EPA is incorporating by reference into the regulations at 40 CFR part 770 current versions of the voluntary consensus standards assembled by: </p><p> APAthe Engineered Wood Association, </p><p> Composite Panel Association (CPA), American National Standards </p><p>Institute (ANSI), American Society for Testing and </p><p>Materials (ASTM), International Organization for </p><p>Standardization (ISO), Japanese Standards Association </p><p>(JIS), and National Institute of Standards and </p><p>Technology (NIST). EPA is taking action to update several </p><p>voluntary consensus standards in the formaldehyde emission standards for composite wood products final rule to </p><p>reflect the current editions that are in- use by regulated entities and industry stakeholders. EPA believes that this action is warranted to facilitate regulated entities using the most up-to- date voluntary consensus standards to comply with the final rule. </p><p>1. Direct final rule and notice of proposed rulemaking. The Agency published a direct final rule on October 25, 2017 (82 FR 49287) to update several voluntary consensus standards that since publication of the December 12, 2016 final rule, have been updated, superseded, or withdrawn. Additionally, the action would have updated an existing regulatory provision regarding the correlation of quality control test methods. The Agency solicited public comment on a parallel proposed action by issuing a companion Notice of Proposed Rulemaking (82 FR 49308) with the direct final rule. If EPA received adverse public comment and had to withdraw the direct final rule, this parallel proposed action would continue. EPA received six comments on this action; three comments were not germane to the action, two were supportive, and one of which the Agency considered to be adverse; thus, the direct final rule was withdrawn on December 8, 2017, as published in the Federal Register (82 FR 57874). </p><p>Having withdrawn the direct final rule, EPA is taking action based on the companion Notice of Proposed Rulemaking (NPRM), which includes consideration of all public comments submitted in response to the provisions discussed in the direct final rule and companion proposal. EPA is issuing this final rule and a Response to Comments document which addresses all of the comments received on this action. The response to comments document can be found in the supporting documents section of the final rule section of the docket for this action. </p><p>2. Final rule. EPA is updating the references for multiple voluntary consensus standards that were incorporated by reference into the formaldehyde emission standards for composite wood products regulations (40 CFR part 770) because they have been updated, superseded, or withdrawn by their respective organization, as proposed in the companion NPRM. Table 1 of this preamble outlines only the voluntary consensus standards being addressed in this rulemaking and their respective updated versions. Under 1 CFR part 51, the Director of the Federal Register indefinitely approves specific versions of individual standards for use in clearly identified sections. The incorporation by reference of any other </p><p>VerDate Sep2014 17:31 Feb 06, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\07FER1.SGM 07FER1srad</p><p>ovic</p><p>h on</p><p> DS</p><p>K3G</p><p>MQ</p><p>082P</p><p>RO</p><p>D w</p><p>ith R</p><p>ULE</p><p>S</p><p>http://www.epa.gov/docketsmailto:winchester.erik@epa.govmailto:TSCA-Hotline@epa.govmailto:TSCA-Hotline@epa.gov</p></li><li><p>5342 Federal Register / Vol. 83, No. 26 / Wednesday, February 7, 2018 / Rules and Regulations </p><p>voluntary consensus standard in part 770 remains unchanged. EPA would </p><p>need to initiate additional rulemaking to change any material incorporated by </p><p>reference in the part, including adding, updating, or removing standard. </p><p>TABLE 1VOLUNTARY CONSENSUS STANDARDS COMPARISON </p><p>Current standard established by final rule 81 (FR 89674) Status </p><p>Update to be promulgated effective February 7, 2018 </p><p>ANSI/AITC A190.12002 American National Standard for Structural Glued Laminated Timber 1.</p><p>Updated version ................. ANSI A190.12017 Standard for Wood Products Structural Glued Laminated Timber 1. </p><p>ANSI A208.12009 American National Standard for Particleboard.</p><p>Updated version ................. ANSI A208.12016 American National Standard for Particleboard. </p><p>ANSI A208.22009 American National Standard for Me-dium Density Fiberboard for Interior Applications.</p><p>Updated version ................. ANSI A208.22016 American National Standard for Medium Density Fiberboard for Interior Applications. </p><p>ANSIHPVA HP12009 American National Standard for Hardwood and Decorative Plywood.</p><p>Updated version ................. ANSIHPVA HP12016 American National Standard for Hardwood and Decorative Plywood. </p><p>ASTM D505505 Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists.</p><p>Updated version ................. ASTM D505516 Standard Specification for Estab-lishing and Monitoring Structural Capacities of Pre-fabricated Wood I-Joists. </p><p>ASTM D545606 Standard Specification for Evaluation of Structural Composite Lumber Products.</p><p>Updated version ................. ASTM D545614b Standard Specification for Evalua-tion of Structural Composite Lumber Products. </p><p>ASTM D558200 Standard Test Method for Determining Formaldehyde Levels from Wood Products Using a Desiccator.</p><p>Updated version ................. ASTM D558214 Standard Test...</p></li></ul>

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