[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4805 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4805

 To amend the Toxic Substances Control Act to reduce the emissions of 
   formaldehyde from composite wood products, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2010

Ms. Matsui (for herself and Mr. Ehlers) introduced the following bill; 
  which was referred to the Committee on Energy and Commerce, and in 
  addition to the Committee on Financial Services, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Toxic Substances Control Act to reduce the emissions of 
   formaldehyde from composite wood products, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Formaldehyde Standards for Composite 
Wood Products Act''.

SEC. 2. FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS.

    (a) Amendment.--The Toxic Substances Control Act (15 U.S.C. 2601 et 
seq.) is amended by adding at the end the following:

     ``TITLE VI--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS

``SEC. 601. FORMALDEHYDE STANDARDS.

    ``(a) Definitions.--In this section:
            ``(1) Finished good.--
                    ``(A) In general.--The term `finished good' means 
                any good or product (other than a panel) containing--
                            ``(i) hardwood plywood;
                            ``(ii) particleboard; or
                            ``(iii) medium-density fiberboard.
                    ``(B) Exclusions.--The term `finished good' does 
                not include--
                            ``(i) any component part or other part used 
                        in the assembly of a finished good; or
                            ``(ii) any finished good that has 
                        previously been sold or supplied to an 
                        individual or entity that purchased or acquired 
                        the finished good in good faith for purposes 
                        other than resale, such as--
                                    ``(I) an antique; or
                                    ``(II) secondhand furniture.
            ``(2) Hardboard.--The term `hardboard' has such meaning as 
        the Administrator shall establish, by regulation, pursuant to 
        subsection (d).
            ``(3) Hardwood plywood.--
                    ``(A) In general.--The term `hardwood plywood' 
                means a hardwood or decorative panel that is--
                            ``(i) intended for interior use; and
                            ``(ii) composed of (as determined under the 
                        standard numbered ANSI/HPVA HP-1-2004 (or a 
                        successor standard)) an assembly of layers or 
                        plies of veneer, joined by an adhesive with--
                                    ``(I) lumber core;
                                    ``(II) particleboard core;
                                    ``(III) medium-density fiberboard 
                                core;
                                    ``(IV) hardboard core; or
                                    ``(V) any other special core or 
                                special back material.
                    ``(B) Exclusions.--The term `hardwood plywood' does 
                not include--
                            ``(i) military-specified plywood;
                            ``(ii) curved plywood; or
                            ``(iii) any other product specified in--
                                    ``(I) the standard entitled 
                                `Voluntary Product Standard-Structural 
                                Plywood' and numbered PS 1-07 (or a 
                                successor standard); or
                                    ``(II) the standard entitled 
                                `Voluntary Product Standard-Performance 
                                Standard for Wood-Based Structural-Use 
                                Panels' and numbered PS 2-04 (or a 
                                successor standard).
                    ``(C) Laminated products.--
                            ``(i) Rulemaking.--
                                    ``(I) In general.--The 
                                Administrator shall conduct a 
                                rulemaking process pursuant to 
                                subsection (d) that uses all available 
                                and relevant information from State 
                                authorities (including the California 
                                Air Resources Board), industry, and 
                                other available sources of such 
                                information, and analyzes that 
                                information to determine, at the 
                                discretion of the Administrator, 
                                whether the definition of the term 
                                `hardwood plywood' should exempt 
                                engineered veneer or any laminated 
                                product.
                                    ``(II) Modification.--The 
                                Administrator may modify any aspect of 
                                the definition contained in clause (ii) 
                                before including that definition in the 
                                regulations promulgated pursuant to 
                                subclause (I).
                            ``(ii) Laminated product.--The term 
                        `laminated product' means a product--
                                    ``(I) in which a wood veneer is 
                                affixed to--
                                            ``(aa) a particleboard 
                                        platform;
                                            ``(bb) a medium-density 
                                        fiberboard platform; or
                                            ``(cc) a veneer-core 
                                        platform; and
                                    ``(II) that is--
                                            ``(aa) a component part;
                                            ``(bb) used in the 
                                        construction or assembly of a 
                                        finished good; and
                                            ``(cc) produced by the 
                                        manufacturer or fabricator of 
                                        the finished good in which the 
                                        product is incorporated.
            ``(4) Manufactured home.--The term `manufactured home' has 
        the meaning given the term in section 3280.2 of title 24, Code 
        of Federal Regulations (as in effect on the date of 
        promulgation of regulations pursuant to subsection 601 (d)).
            ``(5) Medium-density fiberboard.--The term `medium-density 
        fiberboard' means a panel composed of cellulosic fibers made by 
        dry forming and pressing a resinated fiber mat (as determined 
        under the standard numbered ANSI A208.2-2009 (or a successor 
        standard)).
            ``(6) Modular home.--The term `modular home' means a home 
        that is constructed in a factory in 1 or more modules--
                    ``(A) each of which meet applicable State and local 
                building codes of the area in which the home will be 
                located; and
                    ``(B) that are transported to the home building 
                site, installed on foundations, and completed.
            ``(7) No-added formaldehyde-based resin.--
                    ``(A) In general.--The term `no-added formaldehyde-
                based resin' means a resin formulated with no added 
                formaldehyde as part of the resin cross-linking 
                structure that meets the performance standard contained 
                in section 93120.3(c) of title 17, California Code of 
                Regulations (as in effect on July 28, 2009).
                    ``(B) Inclusions.--The term `no-added formaldehyde-
                based resin' may include any resin made from--
                            ``(i) soy;
                            ``(ii) polyvinyl acetate; or
                            ``(iii) methylene diisocyanate.
            ``(8) Particleboard.--
                    ``(A) In general.--The term `particleboard' means a 
                panel composed of cellulosic material in the form of 
                discrete particles (as distinguished from fibers, 
                flakes, or strands) that are pressed together with 
                resin (as determined under the standard numbered ANSI 
                A208.1-2009 (or a successor standard)).
                    ``(B) Exclusions.--The term `particleboard' does 
                not include any product specified in the standard 
                entitled `Voluntary Product Standard-Performance 
                Standard for Wood-Based Structural-Use Panels' and 
                numbered PS 2-04 (or a successor standard).
            ``(9) Recreational vehicle.--The term `recreational 
        vehicle' has the meaning given the term in section 3282.8 of 
        title 24, Code of Federal Regulations (as in effect on the date 
        of promulgation of regulations pursuant to subsection 601 (d)).
            ``(10) Ultra low-emitting formaldehyde resin.--
                    ``(A) In general.--The term `ultra low-emitting 
                formaldehyde resin' means a resin formulated using a 
                process the average formaldehyde emissions of which are 
                consistently below the phase 2 emission standards 
                contained in the airborne toxic control measure for 
                composite wood products described in section 93120.3(d) 
                of title 17, California Code of Regulations (as in 
                effect on July 28, 2009).
                    ``(B) Inclusions.--The term `ultra low-emitting 
                formaldehyde resin' may include--
                            ``(i) melamine-urea-formaldehyde resin;
                            ``(ii) phenol formaldehyde resin; and
                            ``(iii) resorcinol formaldehyde resin.
    ``(b) Requirement.--
            ``(1) In general.--Except as provided in an applicable 
        sell-through regulation promulgated pursuant to subsection (d), 
        effective beginning on the date that is 180 days after the date 
        of promulgation of those regulations, the formaldehyde emission 
        standard contained in table 1 of section 93120.2(a) of title 
        17, California Code of Regulations (relating to an airborne 
        toxic control measure to reduce formaldehyde emissions from 
        composite wood products) (as in effect on July 28, 2009), shall 
        apply to hardwood plywood, medium-density fiberboard, and 
        particleboard sold, supplied, offered for sale, or manufactured 
        in the United States.
            ``(2) Applicability.--The formaldehyde emission standard 
        referred to in paragraph (1) shall apply regardless of whether 
        an applicable hardwood plywood, medium-density fiberboard, or 
        particleboard is--
                    ``(A) in the form of an unfinished panel; or
                    ``(B) incorporated into a finished good.
    ``(c) Exemptions.--The formaldehyde emission standard referred to 
in subsection (b)(1) shall not apply to--
            ``(1) hardboard;
            ``(2) structural plywood, as specified in the standard 
        entitled `Voluntary Product Standard-Structural Plywood' and 
        numbered PS 1-07 (or a successor standard);
            ``(3) structural panels, as specified in the standard 
        entitled `Voluntary Product Standard-Performance Standard for 
        Wood-Based Structural-Use Panels' and numbered PS 2-04 (or a 
        successor standard);
            ``(4) structural composite lumber, as specified in the 
        standard entitled `Standard Specification for Evaluation of 
        Structural Composite Lumber Products' and numbered ASTM D 5456-
        06 (or a successor standard);
            ``(5) oriented strand board;
            ``(6) glued laminated lumber, as specified in the standard 
        entitled `Structural Glued Laminated Timber' and numbered ANSI 
        A190.1-2002 (or a successor standard);
            ``(7) prefabricated wood I-joists, as specified in the 
        standard entitled `Standard Specification for Establishing and 
        Monitoring Structural Capacities of Prefabricated Wood I-
        Joists' and numbered ASTM D 5055-05 (or a successor standard);
            ``(8) finger-jointed lumber;
            ``(9) wood packaging (including pallets, crates, spools, 
        and dunnage);
            ``(10) composite wood products used inside new vehicles (as 
        defined in section 430 of the California Vehicle Code) 
        (excluding recreational vehicles), rail cars, boats, aerospace 
        craft, or aircraft;
            ``(11) windows that contain composite wood products, if the 
        window product contains less than 5 percent by volume of 
        hardwood plywood, particleboard, or medium-density fiberboard, 
        combined, in relation to the total volume of the finished 
        window product; or
            ``(12) exterior doors and garage doors that contain 
        composite wood products, if--
                    ``(A) the doors are made from composite wood 
                products manufactured with no-added formaldehyde-based 
                resins or ultra low-emitting formaldehyde resins; or
                    ``(B) the doors contain less than 3 percent by 
                volume of hardwood plywood, particleboard, or medium-
                density fiberboard, combined, in relation to the total 
                volume of the finished exterior door or garage door.
    ``(d) Regulations.--
            ``(1) In general.--Not later than January 1, 2012, the 
        Administrator shall promulgate regulations to implement the 
        formaldehyde emission standard required under subsection (b) in 
        a manner that ensures that compliance with the standard is 
        equivalent to compliance with the standard contained in table 1 
        of section 93120.2(a) of title 17, California Code of 
        Regulations (as in effect on July 28, 2009).
            ``(2) Inclusions.--The regulations promulgated pursuant to 
        paragraph (1) shall include provisions relating to--
                    ``(A) labeling;
                    ``(B) chain of custody requirements;
                    ``(C) sell-through provisions;
                    ``(D) ultra low-emitting formaldehyde resins;
                    ``(E) no-added formaldehyde-based resins;
                    ``(F) finished goods;
                    ``(G) third-party testing and certification;
                    ``(H) auditing and reporting of third-party 
                certifiers;
                    ``(I) recordkeeping;
                    ``(J) enforcement; and
                    ``(K) laminated products.
            ``(3) Finished goods regulatory implementation for 
        recreational vehicles, manufactured homes, and modular homes.--
        With respect to finished goods containing regulated composite 
        wood products--
                    ``(A) the effective date of sell-through 
                regulations for recreational vehicles, manufactured 
                homes, and modular homes shall be based on a designated 
                date of manufacture of the finished good, rather than 
                date of sale of the finished good; and
                    ``(B) any inventory of finished goods containing 
                regulated composite wood products and manufactured 
                before designated date of manufacture of the finished 
                goods shall not be subject to the formaldehyde 
                emissions standard required under subsection (b)(1).
            ``(4) Import regulations.--Not later than July 1, 2012, the 
        Administrator, in coordination with the Commissioner of Customs 
        and Border Protection and other appropriate Federal departments 
        and agencies, shall revise regulations promulgated pursuant to 
        section 13 as the Administrator determines to be necessary to 
        ensure compliance with this section.
            ``(5) Modification of standards.--The Administrator may 
        modify, by regulation, any reference to an industry standard 
        contained in this subsection if the standard is subsequently 
        updated.
    ``(e) Prohibited Acts.--An individual or entity that violates any 
requirement under this section (including any regulation promulgated 
pursuant to subsection (d)) shall be considered to have committed a 
prohibited act under section 15.''.
    (b) Conforming Amendment.--The table of contents of the Toxic 
Substances Control Act (15 U.S.C. prec. 2601) is amended by adding at 
the end the following:

     ``TITLE VI--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS

``Sec. 601. Formaldehyde standards.''.

SEC. 3. REPORTS TO CONGRESS.

    Not later than December 31, 2010, and annually thereafter through 
December 31, 2014, the Administrator of the Environmental Protection 
Agency shall submit to the Committee on Environment and Public Works of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives a report describing, with respect to the preceding 
calendar year--
            (1) the status of the measures carried out or planned to be 
        carried out pursuant to title VI of the Toxic Substances 
        Control Act; and
            (2) the extent to which relevant industries have achieved 
        compliance with the requirements under that title.

SEC. 4. MODIFICATION OF REGULATION.

    Not later than 180 days after the date of promulgation of 
regulations pursuant to section 601(d) of the Toxic Substances Control 
Act (as amended by section 2), the Secretary of Housing and Urban 
Development shall update the regulation contained in section 3280.308 
of title 24, Code of Federal Regulations (as in effect on the date of 
enactment of this Act), to ensure that the regulation reflects the 
standards established by section 601 of the Toxic Substances Control 
Act.
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