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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:5.0.2.5.17.0.12.1 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.1 What is the purpose of this part? | DOE | [65 FR 10689, Feb. 29, 2000, as amended at 78 FR 67927, Nov. 13, 2013] | (a) This part establishes how DOE will transfer by sale or lease real property at closed or downsized defense nuclear facilities for economic development. (b) This part also contains the procedures for a person or entity to request indemnification for any claim that results from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of DOE activities at the defense nuclear facility. | ||||||
| 10:10:5.0.2.5.17.0.12.10 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.10 When must a person or entity, who wishes to contest a DOE denial of request for indemnification of a claim, begin legal action? | DOE | If DOE denies the claim, DOE must provide the person or entity with a notice of final denial of the claim by DOE by certified or registered mail. The person or entity must begin legal action within six months after the date of mailing. | |||||||
| 10:10:5.0.2.5.17.0.12.11 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.11 When does a claim “accrue” for purposes of notifying the Field Office Manager under § 770.9(a) of this part? | DOE | For purposes of § 770.9(a) of this part, a claim “accrues” on the date on which the person asserting the claim knew, or reasonably should have known, that the injury to person or property was caused or contributed to by the release or threatened release of a hazardous substance, pollutant, or contaminant as a result of DOE activities at the defense nuclear facility on which the real property is located. | |||||||
| 10:10:5.0.2.5.17.0.12.2 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.2 What real property does this part cover? | DOE | [65 FR 10689, Feb. 29, 2000, as amended at 78 FR 67927, Nov. 13, 2013] | (a) DOE may transfer DOE-owned real property by sale or lease at closed or downsized defense nuclear facilities, for the purpose of permitting economic development. (b) DOE may transfer, by lease only, improvements at defense nuclear facilities on land withdrawn from the public domain, that are unneeded, temporarily underutilized, or underutilized, for the purpose of permitting economic development and for facilitating local reuse or redevelopment. | ||||||
| 10:10:5.0.2.5.17.0.12.3 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.3 What general limitations apply to this part? | DOE | (a) Nothing in this part affects or modifies in any way section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). (b) Individual proposals for transfers of property are subject to NEPA review as implemented by 10 CFR part 1021. (c) Any indemnification agreed to by the DOE is subject to the availability of funds. | |||||||
| 10:10:5.0.2.5.17.0.12.4 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.4 What definitions are used in this part? | DOE | [65 FR 10689, Feb. 29, 2000, as amended at 78 FR 67927, Nov. 13, 2013] | Community Reuse Organization or CRO means a governmental or non-governmental organization that is recognized by DOE and that represents a community adversely affected by DOE work force restructuring at a defense nuclear facility.. Claim means a request for reimbursement of monetary damages. Defense Nuclear Facility means “Department of Energy defense nuclear facility” within the meaning of section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g). DOE means the United States Department of Energy. DOE Field Office means any of DOE's officially established organizations and components located outside the Washington, D.C., metropolitan area. (See Field Office Manager.) Economic Development means the use of transferred DOE real property in a way that enhances the production, distribution, or consumption of goods and services in the surrounding region(s) or which furthers reuse or redevelopment, and furthers the public policy objectives of the laws governing the downsizing of DOE's defense nuclear facilities. Field Office Manager means the head of the DOE Operations Offices or Field Offices associated with the management and control of defense nuclear facilities. Hazardous Substance means a substance within the definition of “hazardous substances” in subchapter I of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 9601(14)). Indemnification means the responsibility for reimbursement of payment for any suit, claim, demand or action, liability, judgment, cost, or other fee arising out of any claim for personal injury or property damage, including business losses consistent with generally accepted accounting practices, which involve the covered real property transfers. Indemnification payments are subject to the availability of appropriated funds. Person or Entity means any state, any political subdivision of a state or any individual person that acquires ownership or control of real property at a defense nuclear facility. Pollutant or Contaminant mea… | ||||||
| 10:10:5.0.2.5.17.0.12.5 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.5 How does DOE notify persons and entities that defense nuclear facility real property is available for transfer for economic development? | DOE | [65 FR 10689, Feb. 29, 2000, as amended at 78 FR 67927, Nov. 13, 2013] | (a) Field Office Managers annually make available to Community Reuse Organizations, local government, and Tribal nations, and other persons and entities a list of real property at defense nuclear facilities that DOE has identified as appropriate for transfer for economic development. Field Office Managers may use any effective means of publicity to notify potentially-interested persons or entities of the availability of the list. (b) Upon request, Field Office Managers provide to interested persons and entities relevant information about listed real property, including information about a property's physical condition, environmental, safety and health matters, and any restrictions or terms of transfer. | ||||||
| 10:10:5.0.2.5.17.0.12.6 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.6 May interested persons and entities request that real property at defense nuclear facilities be transferred for economic development? | DOE | Any person or entity may request that specific real property be made available for transfer for economic development pursuant to procedures in § 770.7. A person or entity must submit such a request in writing to the Field Office Manager who is responsible for the real property. | |||||||
| 10:10:5.0.2.5.17.0.12.7 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.7 What procedures are to be used to transfer real property at defense nuclear facilities for economic development? | DOE | [65 FR 10689, Feb. 29, 2000, as amended at 78 FR 67927, Nov. 13, 2013] | (a) Proposal. The transfer process starts when a potential purchaser or lessee submits to the Field Office Manager a proposal for the transfer of real property that DOE has included on a list of available real property, as provided in § 770.5 of this part. (1) A proposal must include (but is not limited to): (i) A description of the real property proposed to be transferred; (ii) The intended use and duration of use of the real property, including potential users and an indication that these users are interested in participating in the economic development of the property; (iii) A description of the economic development that would be furthered by the transfer ( e.g., jobs to be created or retained, improvements to be made) or what reuse or reutilization would be accomplished by means of a description of the business to be created (direct and indirect economic benefits that will result due to the proposed transfer); (iv) Information supporting the economic viability of the proposed development; and (v) The consideration offered and any financial requirements. (2) The person or entity should state in the proposal whether it is or is not requesting indemnification against claims based on the release or threatened release of a hazardous substance or pollutant or contaminant resulting from DOE activities. (3) If a proposal for transfer does not contain a statement regarding indemnification, the Field Office Manager will notify the person or entity by letter of the potential availability of indemnification under this part, and will request that the person or entity either modify the proposal to include a request for indemnification or submit a statement that it is not seeking indemnification. (b) Decision to transfer real property. After review of the proposal, DOE will notify, by letter, the person or entity that submitted the proposal of DOE's decision whether or not a transfer of the real property by sale or lease is in the best interest of the Government. If DOE determines the transfer is in the Govern… | ||||||
| 10:10:5.0.2.5.17.0.12.8 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.8 May DOE transfer real property at defense nuclear facilities for economic development at less than fair market value? | DOE | DOE generally attempts to obtain fair market value for real property transferred for economic development, but DOE may agree to sell or lease such property for less than fair market value if the statutory transfer authority used imposes no market value restriction, and: (a) The real property requires considerable infrastructure improvements to make it economically viable, or (b) A conveyance at less than market value would, in the DOE's judgment, further the public policy objectives of the laws governing the downsizing of defense nuclear facilities. | |||||||
| 10:10:5.0.2.5.17.0.12.9 | 10 | Energy | III | 770 | PART 770—TRANSFER OF REAL PROPERTY AT DEFENSE NUCLEAR FACILITIES FOR ECONOMIC DEVELOPMENT | § 770.9 What conditions apply to DOE indemnification of claims against a person or entity based on the release or threatened release of a hazardous substance or pollutant or contaminant attributable to DOE? | DOE | [65 FR 10689, Feb. 29, 2000, as amended at 78 FR 67927, Nov. 13, 2013] | (a) If an agreement for the transfer of real property for economic development contains an indemnification provision, the person or entity requesting indemnification for a particular claim must: (1) Notify the Field Office Manager in writing within two years after such claim accrues under § 770.11 of this part; (2) Furnish the Field Office Manager, or such other DOE official as the Field Office Manager designates, with evidence or proof of the claim; (3) Furnish the Field Office Manager, or such other DOE official as the Field Office Manager designates, with copies of pertinent papers ( e.g., legal documents) received by the person or entity; (4) If requested by DOE, provide access to records and personnel of the person or entity for purposes of defending or settling the claim; and (5) Provide certification that the person or entity making the claim did not contribute to any such release or threatened release. (b) DOE will enter into an indemnification agreement if DOE determines that indemnification is essential for the purpose of facilitating reuse or redevelopment. (c) DOE may not indemnify any person or entity for a claim if the person or entity contributed to the release or threatened release of a hazardous substance or pollutant or contaminant that is the basis of the claim. (d) DOE may not indemnify a person or entity for a claim made under an indemnification agreement if the person or entity refuses to allow DOE to settle or defend the claim. (e) Any indemnification provided will apply to any successor, assignee, transferee, lender or lessee of the original entity that acquires ownership or control. | ||||||
| 15:15:3.1.1.1.15.0.1.1 | 15 | Commerce and Foreign Trade | VII | C | 770 | PART 770—INTERPRETATIONS | § 770.1 Introduction. | BIS | In this part, references to the EAR are references to 15 CFR chapter VII, subchapter C. This part provides commodity, technology, and software interpretations. These interpretations clarify the scope of controls where such scope is not readily apparent from the Commerce Control List (CCL) (see supplement no. 1 to part 774 of the EAR) and other provisions of the Export Administration Regulations. | ||||||
| 15:15:3.1.1.1.15.0.1.2 | 15 | Commerce and Foreign Trade | VII | C | 770 | PART 770—INTERPRETATIONS | § 770.2 Item interpretations. | BIS | [61 FR 12920, Mar. 25, 1996] | (a) Interpretation 1: Anti-friction bearing or bearing systems and specially designed parts. (1) Anti-friction bearings or bearing systems shipped as spares or replacements are classified under Export Control Classification Number (ECCN) 2A001 (ball, roller, or needle-roller bearings and parts). This applies to separate shipments of anti-friction bearings or bearing systems and anti-friction bearings or bearing systems shipped with machinery or equipment for which they are intended to be used as spares or replacement parts. (2) An anti-friction bearing or bearing system physically incorporated in a segment of a machine or in a complete machine prior to shipment loses its identity as a bearing. In this scenario, the machine or segment of machinery containing the bearing is the item subject to export control requirements. (3) An anti-friction bearing or bearing system not incorporated in a segment of a machine prior to shipment, but shipped as a component of a complete unassembled (knocked-down) machine, is considered a component of a machine. In this scenario, the complete machine is the item subject to export license requirements. (b) Interpretation 2: Classification of “parts” of machinery, equipment, or other items —(1) An assembled machine or unit of equipment is being exported. In instances where one or more assembled machines or units of equipment are being exported, the individual component parts that are physically incorporated into the machine or equipment do not require a license. The license or general exception under which the complete machine or unit of equipment is exported will also cover its component parts, provided that the parts are normal and usual components of the machine or equipment being exported, or that the physical incorporation is not used as a device to evade the requirement for a license. (2) Parts are exported as spares, replacements, for resale, or for stock. In instances where parts are exported as spares, replacements, for resale, or for stock, a license is required on… | |||||
| 15:15:3.1.1.1.15.0.1.3 | 15 | Commerce and Foreign Trade | VII | C | 770 | PART 770—INTERPRETATIONS | § 770.3 Interpretations related to exports of technology and software to destinations in Country Group D:1. | BIS | [61 FR 12920, Mar. 25, 1996, as amended at 61 FR 64286, Dec. 4, 1996; 62 FR 25470, May 9, 1997; 65 FR 14860, Mar. 20, 2000; 86 FR 54813, Oct. 5, 2021] | (a) Introduction. This section is intended to provide you additional guidance on how to determine whether your technology or software would be eligible for a License Exception, may be exported under NLR, or require a license, for export to Country Group D:1. (b) Scope of licenses. The export of technology and software under a license is authorized only to the extent specifically indicated on the face of the license. The only technology and software related to equipment exports that may be exported without a license is technology described in §§ 734.7 through 734.11 of the EAR; operating technology and software described in § 740.13(a) of the EAR; sales technology described in § 740.13(b) of the EAR; and software updates described in § 740.13(c) of the EAR. (c) Commingled technology and software. (1) U.S.-origin technology does not lose its U.S.-origin when it is redrawn, used, consulted, or otherwise commingled abroad in any respect with other technology of any other origin. Therefore, any subsequent or similar technical data prepared or engineered abroad for the design, construction, operation, or maintenance of any plant or equipment, or part thereof, which is based on or utilizes any U.S.-origin technology, is subject to the EAR in the same manner as the original U.S.-origin technology, including license requirements, unless the commingled technology is not subject to the EAR by reason of the de minimis exclusions described in § 734.4 of the EAR. (2) U.S.-origin software that is incorporated into or commingled with foreign-origin software does not lose its U.S.-origin. Such commingled software is subject to the EAR is the same manner as the original U.S.-origin software, including license requirements, unless the commingled software is not subject to the EAR by reason of the de minimis exclusions described in § 734.4 of the EAR. (d) Certain License Exception. The following questions and answers are intended to further clarify the scope of technology and software eligible for a License Exception… | |||||
| 40:40:34.0.1.1.12.1.1.1 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | A | Subpart A—General Provisions | § 770.1 Scope and applicability. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 83 FR 5345, Feb. 7, 2018; 88 FR 10476, Feb. 21, 2023] | (a) This part contains formaldehyde emission standards, testing and certification provisions, and other requirements for the manufacture (including import), distribution, and sale of composite wood products, component parts that contain composite wood products, and finished goods that contain composite wood products. (b) This part applies to: (1) Laboratory Accreditation Bodies (ABs) and Product ABs that are accrediting third-party certifiers (TPCs) for TSCA Title VI (15 U.S.C. 2697(d)) purposes and those that wish to commence accrediting TPCs for TSCA Title VI purposes. (2) TPCs that are certifying composite wood products for TSCA Title VI compliance and those that wish to commence certifying composite wood products for TSCA Title VI compliance. (3) Any composite wood products, and component parts or finished goods containing these materials, that are sold, supplied, offered for sale, or manufactured (including imported) in the United States, including composite wood products used or installed in manufactured housing. (c) Subparts B, C, and D of this part do not apply to the following: (1) Any finished good that has previously been sold or supplied to an end user, an individual or entity that purchased or acquired the finished good in good faith for purposes other than resale. For example, subparts B, C, and D of this part do not apply to antiques or secondhand furniture. (2) Hardboard. (3) Structural plywood, as specified in PS 1-19 (incorporated by reference, see § 770.99). (4) Structural panels, as specified in PS 2-18 (incorporated by reference, see § 770.99). (5) Structural composite lumber, as specified in ASTM D5456-21e1 (incorporated by reference, see § 770.99). (6) Oriented strand board. (7) Glued laminated lumber, as specified in ANSI A190.1-2017, Standard for Wood Products—Structural Glued Laminated Timber (incorporated by reference, see § 770.99). (8) Prefabricated wood I-joists, as specified in ASTM D5055-19e1 (incorporated by reference, see § 770.99). (9) Finger-jointed lumber. (10) … | |||
| 40:40:34.0.1.1.12.1.1.2 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | A | Subpart A—General Provisions | § 770.2 Applicability and compliance dates. | EPA | [82 FR 44536, Sept. 25, 2017, as amended at 84 FR 43523, Aug. 21, 2019] | (a) [Reserved] (b) Laboratory and Product ABs that wish to accredit TPCs for TSCA Title VI purposes may apply to EPA beginning May 22, 2017, to become recognized. Laboratory and Product ABs must be recognized by EPA before they begin to provide and at all times while providing TSCA Title VI accreditation services. (c) TPCs that are not approved by the California Air Resources Board (CARB) that wish to provide TSCA Title VI certification services may apply to EPA beginning May 22, 2017, to become recognized. TPCs must be recognized by EPA and comply with all of the applicable requirements of this part before they begin to provide and at all times while providing TSCA Title VI certification services. (d) Notwithstanding any other provision of this part, TPCs that are approved by CARB to certify composite wood products have until March 22, 2019, to become accredited by an EPA TSCA Title VI AB(s) pursuant to the requirements of this part. 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). After the two-year transition period, CARB-approved TPCs may continue to certify composite wood products under TSCA Title VI provided the TPC maintains its CARB approval, follows the requirements under this part, submits to EPA documentation from CARB supporting their eligibility for reciprocity and has received EPA recognition as an EPA TSCA Title VI TPC. All TPCs that are certifying products as compliant with TSCA Title VI, both during and after the transition period, are subject to enforcement actions for any violations of TSCA Title VI or these regulations. (e) Beginning June 1, 2018, all manufacturers (including importers), fabricators, suppliers, distributors, and retailers of composite wood products, and… | |||
| 40:40:34.0.1.1.12.1.1.3 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | A | Subpart A—General Provisions | § 770.3 Definitions. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 82 FR 44537, Sept. 25, 2017; 83 FR 5345, Feb. 7, 2018; 84 FR 43524, Aug. 21, 2019; 88 FR 10476, Feb. 21, 2023] | 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. Agent for Service means an entity designated by a TPC or AB to receive legal documents on their behalf. Article means a manufactured item which: (1) Is formed to a specific shape or design during manufacture; (2) Has end use functions dependent in whole or in part upon its shape or design during the end use; and (3) Has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article and that may occur as described in 19 CFR 12.120(a)(2), except that fluids and particles are not considered articles regardless of shape or design. Assessment means a process to include an on-site review undertaken by an AB to assess the competence of all operations of a conformity assessment body and TPC, based on particular standard(s) and/or other normative documents for a defined scope of accreditation, as defined in ISO/IEC 17011:2017(E) (incorporated by reference, see § 770.99). Bundle means more than one composite wood product, component part, or finished good fastened together for transportation or sale. Combination core means a platform for making hardwood plywood or laminated products that consists of a combination of layers of veneer and particleboard or medium density fiberboard. 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. Component parts that are sold directly to consumers are considered finished goods. Composite core means a platform for making hardwood plywood or laminated products that consists of particleboard and/or medium density fiberboard, or combination core. Composite wood product means hardwood plywood made with a veneer or composite core, medium-density fiberboard, a… | |||
| 40:40:34.0.1.1.12.1.1.4 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | A | Subpart A—General Provisions | § 770.4 Exemption from the hardwood plywood definition for certain laminated products. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 88 FR 10476, Feb. 21, 2023] | (a) Current exemptions. The definition of the term “hardwood plywood” in § 770.3 does not include: (1) Laminated products made by attaching a wood or woody grass veneer with a phenol-formaldehyde resin to a platform that has been manufactured in compliance with this part (including either certified in accordance with § 770.15, manufactured with no-added formaldehyde-based resins under § 770.17, or manufactured with ultra low-emitting formaldehyde-based resins under § 770.18). (2) Laminated products made by attaching a wood or woody grass veneer with a resin formulated with no-added formaldehyde as part of the resin cross-linking structure to a platform that has been manufactured in compliance with this part (including either certified in accordance with § 770.15, manufactured with no-added formaldehyde-based resins under § 770.17, or manufactured with ultra low-emitting formaldehyde-based resins under § 770.18). (b) Rulemaking petitions for exemption. (1) Any person may petition the Agency to initiate a rulemaking for additional exemptions for laminated products from the definition of the term “hardwood plywood,” pursuant to 15 U.S.C. 2697(a)(3)(C)(i)(I). (2) Each petition should provide all available and relevant information, including studies conducted and formaldehyde emissions data. Submit petitions to: TSCA Confidential Business Information Center (7407M), WJC East; Room 6428; Attn: TSCA Title VI Program, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460-0001. (3) EPA will promptly review each submitted petition and, where appropriate, publish a proposed rule in the Federal Register based on the petition and provide a public comment period of generally 30 days before taking a final action. | |||
| 40:40:34.0.1.1.12.1.1.5 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | A | Subpart A—General Provisions | § 770.5 Prohibited acts. | EPA | (a) Failure or refusal to comply with any requirement of TSCA section 601 (15 U.S.C. 2697) or this part is a violation of TSCA section 15 (15 U.S.C. 2614). (b) Failure or refusal to establish and maintain records or to make available or permit access to or copying of records, as required by this part, is a violation of TSCA section 15 (15 U.S.C. 2614). (c) Making false or misleading statements in any statement, certification, or record required by this part is a violation of TSCA section 15 (15 U.S.C. 2614). (d) Violators may be subject to civil and criminal sanctions pursuant to TSCA section 16 (15 U.S.C. 2615) for each violation. | ||||
| 40:40:34.0.1.1.12.2.1.1 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | B | Subpart B—EPA TSCA Title VI Third-Party Certification Program | § 770.7 Third-party certification. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 82 FR 44537, Sept. 25, 2017; 83 FR 5346, Feb. 7, 2018; 84 FR 43524, Aug. 21, 2019; 88 FR 10476, Feb. 21, 2023] | (a) EPA TSCA Title VI Product ABs. To participate in the EPA TSCA Title VI Third-Party Certification Program as an EPA TSCA Title VI Product AB, a Product AB must have the qualifications described in this section, submit an application and enter into a recognition agreement with EPA as described in this section, and, upon recognition from EPA, impartially perform the responsibilities described in this section. (1) Qualifications. To qualify for recognition by EPA in the EPA TSCA Title VI Third-Party Certification Program as an EPA TSCA Title VI Product AB, an applicant Product AB must: (i) Be a signatory to the International Accreditation Forum, Inc.'s (IAF) Multilateral Recognition Arrangement (MLA) through level three, or have membership in one of the IAF 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); and (iii) Be competent to perform accreditation activities for product certification according to ISO/IEC 17065:2012(E) (incorporated by reference, see § 770.99). (2) Application. To be recognized by EPA under the EPA TSCA Title VI Third-Party Certification Program, a Product AB must submit an application to EPA in accordance with § 770.8 that contains the following: (i) Name, address, telephone number, and email address of the organization or primary contact; (ii) Documentation of IAF MLA signatory status, membership in one of the IAF recognized regional accreditation cooperations, or an equivalent organization as determined by EPA; (iii) Description of any other qualifications related to the Product AB's experience in performing product accreditation of TPCs for manufactured products including an affirmation that assessors will be technically competent to assess a TPC's ability to perform their activities under paragraph (c)(4) of this section; and (iv) If not a domestic entity, name and address of an agent for service located in the United States. Servi… | |||
| 40:40:34.0.1.1.12.2.1.2 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | B | Subpart B—EPA TSCA Title VI Third-Party Certification Program | § 770.8 Applications, notifications, and reports. | EPA | (a) All applications, notifications, and reports that are required to be submitted to EPA under this subpart must be submitted via the EPA Central Data Exchange (CDX) found at https://cdx.epa.gov. (b) If the EPA CDX is unavailable, EPA will so inform EPA TSCA Title VI ABs and TPCs and will make electronic applications and reporting forms available online at http://www.epa.gov/formaldehyde. (c)(1) Persons submitting a notice under this rule are subject to EPA confidentiality regulations at 40 CFR part 2, subpart B, except that the certification in paragraph (c)(2) of this section must also be provided when asserting a claim of confidentiality. (2) In submitting a claim of confidentiality, a person must certify the truth of the following four statements concerning all information which is claimed as confidential: (i) My company has taken measures to protect the confidentiality of the information. (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) I have a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of the person. (iv) I have a reasonable basis to believe that the information is not readily discoverable through reverse engineering. | ||||
| 40:40:34.0.1.1.12.3.1.1 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.10 Formaldehyde emission standards. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 83 FR 5347, Feb. 7, 2018; 84 FR 43524, Aug. 21, 2019] | (a) Except as otherwise provided in this part, the emission standards in this section apply to composite wood products sold, supplied, offered for sale, or manufactured (including imported) on or after June 1, 2018 in the United States. These emission standards apply regardless of whether the composite wood product is in the form of a panel, a component part, or incorporated into a finished good. (b) The emission standards are based on test method ASTM E1333-14 (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. (2) For medium-density fiberboard, 0.11 ppm of formaldehyde. (3) For thin medium-density fiberboard, 0.13 ppm of formaldehyde. (4) For particleboard, 0.09 ppm of formaldehyde. | |||
| 40:40:34.0.1.1.12.3.1.10 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.30 Importers, fabricators, distributors, and retailers. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 82 FR 44537, Sept. 25, 2017; 84 FR 43525, Aug. 21, 2019] | (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. (b) Importers must demonstrate that they have taken reasonable precautions by maintaining, for three years, bills of lading, invoices, or comparable documents that include a written statement from the supplier that the composite wood products, component parts, or finished goods are TSCA Title VI compliant or were produced before June 1, 2018 and by ensuring the following records are made available to EPA within 30 calendar days of request: (1) Records identifying the panel producer and the date the composite wood products were produced; and (2) Records identifying the supplier, if different, and the date the composite wood products, component parts, or finished goods were purchased. (c) Fabricators, distributors, and retailers must demonstrate that they have taken reasonable precautions by obtaining bills of lading, invoices, or comparable documents that include a written statement from the supplier that the composite wood products, component parts, or finished goods are TSCA Title VI compliant or that the composite wood products were produced before June 1, 2018. (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. (e) Records required by this section must be maintained in accordance with § 770.40(d). | |||
| 40:40:34.0.1.1.12.3.1.11 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.40 Reporting and recordkeeping. | EPA | (a) Panel producers must maintain the following records for a period of three years, except that records demonstrating initial eligibility for reduced testing or third-party certification exemption under § 770.17 or § 770.18 must be kept for as long as the panel producer is producing composite wood products with reduced testing or under a third-party certification exemption. The following records must also be made available to the panel producers' EPA TSCA Title VI TPCs. Panel producers must make the records described in paragraph (a)(1) of this section available to direct purchasers of their composite wood products. This information may not be withheld from direct purchasers as confidential business information. (1) Records of all quarterly emissions testing. These records must identify the EPA TSCA Title VI TPC conducting or overseeing the testing. 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. (2) Records of all ongoing quality control testing. These records must identify the EPA TSCA Title VI TPC conducting or overseeing the testing and the facility actually performing the testing. 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. (3) Production records, including a description of the composite wood product(s), the date of manufacture, lot numbers, and tracking information allowing each product to be traced to a specific lot produced. (4) Records of changes in production, including changes of more than ten percent in the resin use percentage, changes in resin composition that result in a higher ratio of formaldehyde to other resin components, and changes in the process, such as changes in press time by more than 20%. (5) Records demonstrating initial and continued eligibility for the reduced testing provisions in §§ 770.17 and 770.18, if applicable. These records must include: (… | ||||
| 40:40:34.0.1.1.12.3.1.12 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.45 Labeling. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 82 FR 31924, July 11, 2017; 84 FR 43526, Aug. 21, 2019] | (a) Panels or bundles of panels that are imported, sold, supplied, or offered for sale in the United States must be labeled with the panel producer's name, the lot number, the number of the EPA TSCA Title VI TPC, and a statement that the products are TSCA Title VI certified. If a composite wood panel is not individually labeled, the panel producer, importer, distributor, fabricator, or retailer must have a method (e.g., color-coded edge marking) sufficient to identify the supplier of the panel and linking the information on the label to the products. This information must be made available to potential customers upon request. The label may be applied as a stamp, tag, or sticker. (1) A panel producer number may be used instead of a name to protect identity, so long as the identity of the panel producer can be determined at the request of EPA. (2) Only panels or bundles of panels manufactured in accordance with § 770.17 may also be labeled that they were made with no-added formaldehyde-based resins in addition to the other information required by this section. (3) Only panels or bundles of panels manufactured in accordance with § 770.18 may also be labeled that they were made with ultra low-emitting formaldehyde resins in addition to the other information required by this section. (b) Panels imported into or transported across the United States for quarterly or quality control testing purposes in accordance with § 770.20 must be labeled “For TSCA Title VI testing only, not for sale in the United States.” The panels may be re-labeled if test results are below the applicable emission standards in this subpart. (c) Fabricators of finished goods containing composite wood products must label every finished good they produce or every box or bundle containing finished goods. If a finished good (including component parts sold separately to end users) is not individually labeled, the importer, distributor, or retailer must retain a copy of the label, be able to identify the products associated with that label, and make… | |||
| 40:40:34.0.1.1.12.3.1.2 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.12 Stockpiling. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 84 FR 43524, Aug. 21, 2019] | (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. (b) To determine whether stockpiling has occurred, the rate of manufacture or purchase is measured as follows: (1) For composite wood products in the form of panels, the rate is measured in terms of square footage of panels produced. (2) For composite wood products incorporated into component parts or finished goods, the rate is measured in terms of the square footage of composite wood product panels purchased for the purpose of incorporating them into component parts or finished goods. (c) Manufacturers or purchasers who have, in an annual year, a greater than 20% increase in manufacturing or purchasing composite wood products relative to annual year 2009 for some reason other than circumventing the emission standards would not be in violation of this section. Such reasons may include, but are not limited to: (1) A quantifiable immediate increase in customer demand or sales. (2) A documented and planned business expansion. (3) The manufacturer or purchaser was not in business at the beginning of calendar year 2009. (4) An increase in production to meet increased demand resulting from an emergency event or natural disaster. (d) In order to be found to be stockpiling an entity must be increasing the rate of manufacturing or purchasing for the purpose of circumventing the emission standards. | |||
| 40:40:34.0.1.1.12.3.1.3 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.15 Composite wood product certification. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 82 FR 44537, Sept. 25, 2017; 83 FR 5347, Feb. 7, 2018; 84 FR 43524, Aug. 21, 2019; 88 FR 10477, Feb. 21, 2023] | (a) Beginning June 1, 2018, only certified composite wood products, whether in the form of panels or incorporated into component parts or finished goods, are permitted to be sold, supplied, offered for sale, or manufactured (including imported) in the United States, unless the product is specifically exempted by this part. (b) Certified composite wood products are those that are produced or fabricated in accordance with all of the provisions of this part. (c) To obtain product certification, a panel producer must apply to an EPA TSCA Title VI TPC. (1) For panel producers that do not have any previous product certifications from a CARB-approved TPC or an EPA TSCA Title VI TPC, the application must contain the following: (i) The panel producer's name, address, telephone number, and other contact information; (ii) A copy of the panel producer's quality control manual as required by § 770.21(a); (iii) Name and contact information for the panel producer's quality control manager; (iv) An identification of the specific products for which certification is requested, and the resin system used in panel production; (v) At least five tests conducted under the supervision of an EPA TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-14 (incorporated by reference, see § 770.99). Test results obtained by ASTM D6007-14 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 (viii) Results of an initial, on-site inspection by the TPC of the panel producer. 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 (… | |||
| 40:40:34.0.1.1.12.3.1.4 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.17 No-added formaldehyde-based resins. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 83 FR 5347, Feb. 7, 2018; 84 FR 43524, Aug. 21, 2019; 88 FR 10477, Feb. 21, 2023] | (a) Producers of composite wood product panels made with no-added formaldehyde-based resins may apply to an EPA TSCA Title VI TPC or to CARB for a two-year exemption from the testing requirements in § 770.20 and certification requirements in §§ 770.15 and 770.40(b). The application must contain the following: (1) The panel producer's name, address, and telephone number; (2) An identification of the specific product and the resin system; (3) At least one test conducted under the supervision of an EPA TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-14 (incorporated by reference, see § 770.99). Test results obtained by ASTM D6007-14 must include a showing of equivalence in accordance with § 770.20(d)(1); and (4) Three 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 thirteen quality control tests. (b) The EPA TSCA Title VI TPC will approve a panel producer's application within 90 calendar days of receipt if the application is complete and demonstrates that the candidate product achieves the emission standards described in paragraph (c) of this section. (c) As measured according to paragraphs (a)(3) and (4) of this section, the emission standards for composite wood products made with no-added formaldehyde-based resins are as follows: (1) No test result higher than 0.05 parts per million (ppm) of formaldehyde for hardwood plywood and 0.06 ppm for particleboard, medium-density fiberboard, and thin medium-density fiberboard. (2) Ninety percent of the three months of routine quality control testing data and the results of the one primary or secondary method test (required under paragraphs (a)(3) and (4) of this section) must be shown to be no higher than 0.04 ppm. (d) Products that meet the requirements specified under § 770.17(c)(1) and (2) and have obtained exemption from the California Air Resources Board will also be exempt from the requirements in §§ 770.15, 770.20, and 770.40(b), as lon… | |||
| 40:40:34.0.1.1.12.3.1.5 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.18 Ultra low-emitting formaldehyde resins. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 83 FR 5347, Feb. 7, 2018; 84 FR 43524, Aug. 21, 2019; 88 FR 10477, Feb. 21, 2023] | (a) Producers of composite wood product panels made with ultra low-emitting formaldehyde resins may apply to an EPA TSCA Title VI TPC or CARB for approval either to conduct less frequent testing than is specified in § 770.20 or approval for a two-year exemption from the testing requirements in § 770.20 and certification requirements in §§ 770.15 and 770.40(b). The application must contain the following: (1) The panel producer's name, address, and telephone number; (2) An identification of the specific product type, including resin system; (3) At least two tests conducted under the supervision of an EPA TSCA Title VI TPC pursuant to test method ASTM E1333-14 or ASTM D6007-14 (incorporated by reference, see § 770.99). Test results obtained by ASTM D6007-14 must include a showing of equivalence in accordance with § 770.20(d)(1); and (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. (b) The EPA TSCA Title VI TPC will approve a panel producer's application within 90 calendar days of receipt if the application is complete and demonstrates that the candidate product achieves the emission standards required for reduced testing as described in paragraph (c) of this section or the emission standards required for a two-year exemption as described in paragraph (d) of this section. (c) As measured according to paragraphs (a)(3) and (4) of this section, the emission standards for reduced testing for composite wood products made with ultra low-emitting formaldehyde resins are as follows: (1) No test result higher than 0.05 parts per million (ppm) of formaldehyde for hardwood plywood, 0.08 ppm for particleboard, 0.09 ppm for medium-density fiberboard, and 0.11 ppm for thin medium-density fiberboard. (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 highe… | |||
| 40:40:34.0.1.1.12.3.1.6 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.20 Testing requirements. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 83 FR 5347, Feb. 7, 2018; 84 FR 43524, Aug. 21, 2019; 88 FR 10477, Feb. 21, 2023] | (a) General requirements. (1) All panels must be tested prior to the application of a finishing or topcoat. 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. (2) Facilities that conduct the formaldehyde testing required by this section must follow the procedures and specifications, such as testing conditions and loading ratios, of the test method being used. (3) All equipment used in the formaldehyde testing required by this section must be calibrated and otherwise maintained and used in accordance with the equipment manufacturer's instructions. (b) Quality control testing —(1) Allowable methods. Quality control testing must be performed using any of the following methods, with a showing of correlation for each method pursuant to paragraph (d) of this section: (i) ASTM D6007-14 (incorporated by reference, see § 770.99). (ii) ASTM D5582-14 (incorporated by reference, see § 770.99). (iii) BS EN ISO 12460-3:2020 (incorporated by reference, see § 770.99) or ISO 12460-3:2020(E) (incorporated by reference, see § 770.99). (iv) DMC 2007 User's Manual (incorporated by reference, see § 770.99). (v) DMC 2012 GP User's Manual (incorporated by reference, see § 770.99). (vi) BS EN ISO 12460-5:2015 E (Perforator Method) (incorporated by reference, see § 770.99). (vii) JIS A 1460:2021(E) (24-hr Desiccator Method) (incorporated by reference, see § 770.99). (2) Frequency of testing. (i) Particleboard and medium-density fiberboard must be tested at least once per shift (eight or twelve hours, plus or minus one hour of production) for each production line for each product type. 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 … | |||
| 40:40:34.0.1.1.12.3.1.7 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.21 Quality control manual, facilities, and personnel. | EPA | (a) Quality control manual. (1) Each panel producer must have a written quality control manual. The manual must contain, at a minimum, the following: (i) A description of the organizational structure of the quality control department, including the names of the quality control manager and quality control employees; (ii) A description of the sampling procedures to be followed; (iii) A description of the method of handling samples, including a specific maximum time period for analyzing quality control samples; (iv) A description of the frequency of quality control testing; (v) A description of the procedures used to identify changes in formaldehyde emissions resulting from production changes (e.g., increase in the percentage of resin, increase in formaldehyde/urea molar ratio in the resin, or decrease in press time); (vi) A description of provisions for additional testing; (vii) A description of recordkeeping procedures; (viii) A description of labeling procedures; (ix) The average percentage of resin and press time for each product type; (x) A description of product types, and if applicable, a description of product variables covered under each product type; (xi) Procedures for reduced quality control testing, if applicable; and (xii) Procedures for handling non-complying lots, including a description of how the panel producer will ensure compliance with the notification requirements of § 770.22(d)(1). (2) The quality control manual must be approved by an EPA TSCA Title VI TPC. (b) Quality control facilities. Each panel producer must designate a quality control facility for conducting quality control formaldehyde testing. (1) The quality control facility must be an EPA TSCA Title VI TPC, a contract laboratory, or a laboratory owned and operated by the panel producer. (2) Each quality control facility must have quality control employees with adequate experience and/or training to conduct accurate chemical quantitative analytical tests. The quality control manager must identify each person conduc… | ||||
| 40:40:34.0.1.1.12.3.1.8 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.22 Non-complying lots. | EPA | [81 FR 89724, Dec. 12, 2016, as amended at 84 FR 43525, Aug. 21, 2019] | (a) Non-complying lots are not certified composite wood products and they may not be sold, supplied or offered for sale in the United States except in accordance with this section. (b) Non-complying lots must be isolated from certified lots. (c) Non-complying lots must either be disposed of or retested and certified using the same test method, if each panel is treated with a scavenger or handled by other means of reducing formaldehyde emissions, such as aging. Tests must be performed as follows: (1) Quality control tests. (i) At least one test panel must be selected from each of three separate bundles. The panels must be selected so that they are representative of the entire non-complying lot and they are not the top or bottom panel of a bundle. The panels may be selected from properly stored samples set aside by the panel producer for retest in the event of a failure. (ii) All samples must test at or below the level that indicates that the product is in compliance with the applicable emission standards in § 770.10. (2) Quarterly tests. (i) At least one test panel must be randomly selected so that it is representative of the entire non-complying lot and is not the top or bottom panel of a bundle. Panel sampling shall be conducted according to the quarterly testing procedure at § 770.20(c)(2)(iv). The panel may be selected from properly stored samples set aside by the panel producer for retest in the event of a failure. (ii) The average of the three samples or the single chamber value (as described in § 770.20(c)(2)(iv)) must test at or below the level that indicates that the product is in compliance with the applicable emission standards in § 770.10. (d) If composite wood products belonging to a non-complying lot have been shipped to a fabricator, importer, distributor, or retailer before the test results are received, the panel producer must: (1) Ensure that the composite wood products are not distributed further by notifying, within 72 hours of the time that the panel producer is made aware of the f… | |||
| 40:40:34.0.1.1.12.3.1.9 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | C | Subpart C—Composite Wood Products | § 770.24 Samples for testing. | EPA | (a) Composite wood products may be shipped into and transported across the United States for quality control or quarterly tests. TPCs that ship composite panels into or across the United States solely for quality control or quarterly tests are not considered importers or distributors or importers for the purposes of § 770.7(c)(3)(i). (1) Such panels must not be sold, offered for sale or supplied to any entity other than a TPC laboratory before testing in accordance with § 770.17, § 770.18, or § 770.20. (2) If test results for such products demonstrate compliance with the emission standards in this subpart, the panels may be relabeled in accordance with § 770.45 and sold, offered for sale, or supplied. (b) [Reserved] | ||||
| 40:40:34.0.1.1.12.4.1.1 | 40 | Protection of Environment | I | R | 770 | PART 770—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS | D | Subpart D—Incorporation by Reference | § 770.99 Incorporation by reference. | EPA | [88 FR 10477, Feb. 21, 2023] | Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the Environmental Protection Agency (EPA) must publish a document in the Federal Register and the material must be available to the public. All approved incorporation by reference (IBR) material is available for inspection at the EPA and at the National Archives and Records Administration (NARA). Contact EPA at: OPPT Docket in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading room is (202) 566-1744, and the telephone number for the OPPT Docket is (202) 566-0280. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may be obtained from the following sources: (a) APA. APA—The Engineered Wood Association, 7011 S 19th Street, Tacoma, WA 98466-5333; (253) 565-6600; www.apawood.org. (1) ANSI A190.1-2017, Standard for Wood Products—Structural Glued Laminated Timber, Approved January 24, 2017; IBR approved for § 770.1(c). (2) [Reserved] (b) ASTM. ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959; (877) 909-ASTM; www.astm.org. (1) ASTM D5055-19e1, Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists, Approved March 1, 2019; IBR approved for § 770.1(c). (2) ASTM D5456-21e1, Standard Specification for Evaluation of Structural Composite Lumber Products, Approved February 1, 2021; IBR approved for § 770.1(c). (3) ASTM D5582-14, Standard Test Method for Determining Formaldehyde Levels from Woo… | |||
| 7:7:7.1.1.4.21.0.9.1 | 7 | Agriculture | VII | D | 770 | PART 770—INDIAN TRIBAL LAND ACQUISITION LOANS | § 770.1 Purpose. | FSA | This part contains the Agency's policies and procedures for making and servicing loans to assist a Native American tribe or tribal corporation with the acquisition of land interests within the tribal reservation or Alaskan community. | ||||||
| 7:7:7.1.1.4.21.0.9.10 | 7 | Agriculture | VII | D | 770 | PART 770—INDIAN TRIBAL LAND ACQUISITION LOANS | § 770.10 Servicing. | FSA | [66 FR 1567, Jan. 9, 2001; 66 FR 47877, Sept. 14, 2001, as amended at 70 FR 7167, Feb. 11, 2005; 72 FR 51990, Sept. 12, 2007; 89 FR 65063, Aug. 8, 2024] | (a) Reamortization —(1) Eligibility. The Agency may consider reamortization of a loan provided: (i) The borrower submits a completed Agency application form; and (ii) The account is delinquent due to circumstances beyond the borrower's control and cannot be brought current within 1 year; or (iii) The account is current, but due to circumstances beyond the borrower's control, the borrower will be unable to meet the annual loan payments. (2) Terms. The term of a loan may not be extended beyond 40 years from the date of the original note. (i) Reamortization within the remaining term of the loan will be predicated on a projection of the tribe's operating expenses indicating the ability to meet the new payment schedule; and (ii) No intervening lien exists on the security for the loan which would jeopardize the Government's security priority. (3) Consolidation of notes. If one or more notes are to be reamortized, consolidation of the notes is authorized. (b) Interest rate reduction. The Agency may consider a reduction of the interest rate for an existing loan to the current interest rate as available from any Agency office provided: (1) The borrower submits a completed Agency application form; (2) The loan was made more than 5 years prior to the application for the interest reduction; and (3) The Department of the Interior and the borrower certify that the borrower meets at least one of the criteria contained in paragraph (e)(2) of this section. (c) Deferral. The Agency may consider a full or partial deferral for a period not to exceed 5 years provided: (1) The borrower submits a completed Agency application form; (2) The borrower presents a plan which demonstrates that due to circumstances beyond their control, they will be unable to meet all financial commitments unless the Agency payment is deferred; and (3) The borrower will be able to meet all financial commitments, including the Agency payments, after the deferral period has ended. (d) Land exchanges. In the cases where a borrower pro… | |||||
| 7:7:7.1.1.4.21.0.9.2 | 7 | Agriculture | VII | D | 770 | PART 770—INDIAN TRIBAL LAND ACQUISITION LOANS | § 770.2 Abbreviations and definitions. | FSA | [66 FR 1567, Jan. 9, 2001, as amended at 70 FR 7167, Feb. 11, 2005; 72 FR 51990, Sept. 12, 2007] | (a) Abbreviations. FSA Farm Service Agency, an Agency of the United States Department of Agriculture, including its personnel and any successor Agency. ITLAP Indian Tribal Land Acquisition Program. USPAP Uniform Standards of Professional Appraisal Practice. (b) Definitions. Administrator is the head of the Farm Service Agency. Agency is Farm Service Agency (FSA). Appraisal is an appraisal for the purposes of determining the market value of land (less value of any existing improvements that pass with the land) that meets the requirements of part 761 of this chapter. Applicant is a Native American tribe or tribal corporation established pursuant to the Indian Reorganization Act seeking a loan under this part. Loan funds refers to money loaned under this part. Native American tribe is: (1) An Indian tribe recognized by the Department of the Interior; or (2) A community in Alaska incorporated by the Department of the Interior pursuant to the Indian Reorganization Act. Rental value for the purpose of rental value write-downs, equals the average actual rental proceeds received from the lease of land acquired under ITLAP. If there are no rental proceeds, then rental value will be based on market data according to § 770.10(e)(4). Reservation is lands or interests in land within: (1) The Native American tribe's reservation as determined by the Department of the Interior; or (2) A community in Alaska incorporated by the Department of the Interior pursuant to the Indian Reorganization Act. Reserve is an account established for loans approved in accordance with regulations in effect prior to February 8, 2001 which required that an amount equal to 10 percent of the annual payment be set aside each year until at least one full payment is available. Tribal corporation is a corporation established pursuant to the Indian Reorganization Act. | |||||
| 7:7:7.1.1.4.21.0.9.3 | 7 | Agriculture | VII | D | 770 | PART 770—INDIAN TRIBAL LAND ACQUISITION LOANS | § 770.3 Eligibility requirements. | FSA | [66 FR 1567, Jan. 9, 2001, as amended at 70 FR 7167, Feb. 11, 2005] | An applicant must: (a) Submit a completed Agency application form; (b) Except for refinancing activities authorized in § 770.4(c), obtain an option or other acceptable purchase agreement for land to be purchased with loan funds; (c) Be a Native American tribe or a tribal corporation of a Native American tribe without adequate uncommitted funds, based on Generally Accepted Accounting Principles, or another financial accounting method acceptable to Secretary of Interior to acquire lands or interests therein within the Native American tribe's reservation for the use of the Native American tribe or tribal corporation or the members of either; (d) Be unable to obtain sufficient credit elsewhere at reasonable rates and terms for purposes established in § 770.4; (e) Demonstrate reasonable prospects of success in the proposed operation of the land to be purchased with funds provided under this part by providing: (1) A feasibility plan for the use of the Native American tribe's land and other enterprises and funds from any other source from which payment will be made; (2) A satisfactory management and repayment plan; and (3) A satisfactory record for paying obligations. (f) Unless waived by the FSA Administrator, not have any outstanding debt with any Federal Agency (other than debt under the Internal Revenue Code of 1986) which is in a delinquent status. (g) Not be subject to a judgment lien against the tribe's property arising out of a debt to the United States. (h) Have not received a write-down as provided in § 770.10(e) within the preceding 5 years. | |||||
| 7:7:7.1.1.4.21.0.9.4 | 7 | Agriculture | VII | D | 770 | PART 770—INDIAN TRIBAL LAND ACQUISITION LOANS | § 770.4 Authorized loan uses. | FSA | Loan funds may only be used to: (a) Acquire land and interests therein (including fractional interests, rights-of-way, water rights, easements, and other appurtenances (excluding improvements) that would normally pass with the land or are necessary for the proposed operation of the land) located within the Native American tribe's reservation which will be used for the benefit of the tribe or its members. (b) Pay costs incidental to land acquisition, including but not limited to, title clearance, legal services, land surveys, and loan closing. (c) Refinance non-United States Department of Agriculture preexisting debts the applicant incurred to purchase the land provided the following conditions exist: (1) Prior to the acquisition of such land, the applicant filed a loan application regarding the purchase of such land and received the Agency's approval for the land purchase; (2) The applicant could not acquire an option on such land; (3) The debt for such land is a short term debt with a balloon payment that cannot be paid by the applicant and that cannot be extended or modified to enable the applicant to satisfy the obligation; and (4) The purchase of such land is consistent with all other applicable requirements of this part. (d) Pay for the costs of any appraisal conducted pursuant to this part. | ||||||
| 7:7:7.1.1.4.21.0.9.5 | 7 | Agriculture | VII | D | 770 | PART 770—INDIAN TRIBAL LAND ACQUISITION LOANS | § 770.5 Loan limitations. | FSA | [66 FR 1567, Jan. 9, 2001, as amended at 81 FR 51285, Aug. 3, 2016] | (a) Loan funds may not be used for any land improvement or development purposes, acquisition or repair of buildings or personal property, payment of operating costs, payment of finder's fees, or similar costs, or for any purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agriculture commodity as further established in part 799 of this chapter. (b) The amount of loan funds used to acquire land may not exceed the market value of the land (excluding the value of any improvements) as determined by a current appraisal. (c) Loan funds for a land purchase must be disbursed over a period not to exceed 24 months from the date of loan approval. (d) The sale of assets that are not renewable within the life of the loan will require a reduction in loan principal equal to the value of the assets sold. | |||||
| 7:7:7.1.1.4.21.0.9.6 | 7 | Agriculture | VII | D | 770 | PART 770—INDIAN TRIBAL LAND ACQUISITION LOANS | § 770.6 Rates and terms. | FSA | [66 FR 1567, Jan. 9, 2001, as amended at 89 FR 65063, Aug. 8, 2024] | (a) Term. Each loan will be scheduled for repayment over a period not to exceed 40 years from the date of the note. (b) Interest rate. The interest rate charged by the Agency will be the lower of the interest rate in effect at the time of the loan approval or loan closing, which is the current rate available in any FSA office. The rate will be equal to the interest rate for direct farm ownership loans not to exceed 5 percent. Except as provided in § 770.10(b) of this chapter, the interest rate will be fixed for the life of the loan. | |||||
| 7:7:7.1.1.4.21.0.9.7 | 7 | Agriculture | VII | D | 770 | PART 770—INDIAN TRIBAL LAND ACQUISITION LOANS | § 770.7 Security requirements. | FSA | (a) The applicant will take appropriate action to obtain and provide security for the loan. (b) A mortgage or deed of trust on the land to be purchased by the applicant will be taken as security for a loan, except as provided in paragraph (c) of this section. (1) If a mortgage or deed of trust is to be obtained on trust or restricted land and the applicant's constitution or charter does not specifically authorize mortgage of such land, the mortgage must be authorized by tribal referendum. (2) All mortgages or deeds of trust on trust or restricted land must be approved by the Department of the Interior. (c) The Agency may take an assignment of income in lieu of a mortgage or deed of trust provided: (1) The Agency determines that an assignment of income provides as good or better security; and (2) Prior approval of the Administrator has been obtained. | ||||||
| 7:7:7.1.1.4.21.0.9.8 | 7 | Agriculture | VII | D | 770 | PART 770—INDIAN TRIBAL LAND ACQUISITION LOANS | § 770.8 Use of acquired land. | FSA | (a) General. Subject to § 770.5(d) land acquired with loan funds, or other property serving as the security for a loan under this part, may be leased, sold, exchanged, or subject to a subordination of the Agency's interests, provided: (1) The Agency provides prior written approval of the action; (2) The Agency determines that the borrower's loan obligations to the Agency are adequately secured; and (3) The borrower's ability to repay the loan is not impaired. (b) Title. Title to land acquired with a loan made under this part may, with the approval of the Secretary of the Interior, be taken by the United States in trust for the tribe or tribal corporation. | ||||||
| 7:7:7.1.1.4.21.0.9.9 | 7 | Agriculture | VII | D | 770 | PART 770—INDIAN TRIBAL LAND ACQUISITION LOANS | § 770.9 Appraisals. | FSA | (a) The applicant or the borrower, as appropriate, will pay the cost of any appraisal required under this part. (b) Appraisals must be completed in accordance with § 761.7 of this chapter. |
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