[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1660 Enrolled Bill (ENR)]
S.1660
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
An Act
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-1-2009) 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
``(II) the standard entitled `Voluntary Product
Standard--Performance Standard for Wood-Based
Structural-Use Panels' and numbered PS 2-04.
``(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, 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 (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).
``(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.--(i) The term `no-added formaldehyde-
based resin' means a resin formulated with no added
formaldehyde as part of the resin cross-linking structure in a
composite wood product that meets the emission standards in
subparagraph (C) as measured by--
``(I) one test conducted pursuant to test method ASTM
E-1333-96 (2002) or, subject to clause (ii), ASTM D-6007-
02; and
``(II) 3 months of routine quality control tests
pursuant to ASTM D-6007-02 or ASTM D-5582 or such other
routine quality control test methods as may be established
by the Administrator through rulemaking.
``(ii) Test results obtained under clause (i)(I) or (II) by
any test method other than ASTM E-1333-96 (2002) must include a
showing of equivalence by means established by the
Administrator through rulemaking.
``(B) Inclusions.--The term `no-added formaldehyde-based
resin' may include any resin made from--
``(i) soy;
``(ii) polyvinyl acetate; or
``(iii) methylene diisocyanate.
``(C) Emission standards.--The following are the emission
standards for composite wood products made with no-added
formaldehyde-based resins under this paragraph:
``(i) No higher than 0.04 parts per million of
formaldehyde for 90 percent of the 3 months of routine
quality control testing data required under subparagraph
(A)(ii).
``(ii) No test result higher than 0.05 parts per
million of formaldehyde for hardwood plywood and 0.06 parts
per million for particleboard, medium-density fiberboard,
and thin medium-density fiberboard.
``(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).
``(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.
``(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 (d)).
``(10) Ultra low-emitting formaldehyde resin.--
``(A) In general.--(i) The term `ultra low-emitting
formaldehyde resin' means a resin in a composite wood product
that meets the emission standards in subparagraph (C) as
measured by--
``(I) 2 quarterly tests conducted pursuant to test
method ASTM E-1333-96 (2002) or, subject to clause (ii),
ASTM D-6007-02; and
``(II) 6 months of routine quality control tests
pursuant to ASTM D-6007-02 or ASTM D-5582 or such other
routine quality control test methods as may be established
by the Administrator through rulemaking.
``(ii) Test results obtained under clause (i)(I) or (II) by
any test method other than ASTM E-1333-96 (2002) must include a
showing of equivalence by means established by the
Administrator through rulemaking.
``(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.
``(C) Emission standards.--
``(i) The Administrator may, pursuant to regulations
issued under subsection (d), reduce the testing
requirements for a manufacturer only if its product made
with ultra low-emitting formaldehyde resin meets the
following emission standards:
``(I) For hardwood plywood, no higher than 0.05
parts per million of formaldehyde.
``(II) For medium-density fiberboard--
``(aa) no higher than 0.06 parts per million of
formaldehyde for 90 percent of 6 months of routine
quality control testing data required under
subparagraph (A)(ii); and
``(bb) no test result higher than 0.09 parts
per million of formaldehyde.
``(III) For particleboard--
``(aa) no higher than 0.05 parts per million of
formaldehyde for 90 percent of 6 months of routine
quality control testing data required under
subparagraph (A)(ii); and
``(bb) no test result higher than 0.08 parts
per million of formaldehyde.
``(IV) For thin medium-density fiberboard--
``(aa) no higher than 0.08 parts per million of
formaldehyde for 90 percent of 6 months of routine
quality control testing data required under
subparagraph (A)(ii); and
``(bb) no test result higher than 0.11 parts
per million of formaldehyde.
``(ii) The Administrator may not, pursuant to
regulations issued under subsection (d), exempt a
manufacturer from third party certification requirements
unless its product made with ultra low-emitting
formaldehyde resin meets the following emission standards:
``(I) No higher than 0.04 parts per million of
formaldehyde for 90 percent of 6 months of routine
quality control testing data required under
subparagraph (A)(ii).
``(II) No test result higher than 0.05 parts per
million of formaldehyde for hardwood plywood and 0.06
parts per million for particleboard, medium-density
fiberboard, and thin medium-density fiberboard.
``(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 emission standards described
in paragraph (2), shall apply to hardwood plywood, medium-density
fiberboard, and particleboard sold, supplied, offered for sale, or
manufactured in the United States.
``(2) Emission standards.--The emission standards referred to
in paragraph (1), based on test method ASTM E-1333-96 (2002), are
as follows:
``(A) For hardwood plywood with a veneer core, 0.05 parts
per million of formaldehyde.
``(B) For hardwood plywood with a composite core--
``(i) 0.08 parts per million of formaldehyde for any
period after the effective date described in paragraph (1)
and before July 1, 2012; and
``(ii) 0.05 parts per million of formaldehyde,
effective on the later of the effective date described in
paragraph (1) or July 1, 2012.
``(C) For medium-density fiberboard--
``(i) 0.21 parts per million of formaldehyde for any
period after the effective date described in paragraph (1)
and before July 1, 2011; and
``(ii) 0.11 parts per million of formaldehyde,
effective on the later of the effective date described in
paragraph (1) or July 1, 2011.
``(D) For thin medium-density fiberboard--
``(i) 0.21 parts per million of formaldehyde for any
period after the effective date described in paragraph (1)
and before July 1, 2012; and
``(ii) 0.13 parts per million of formaldehyde,
effective on the later of the effective date described in
paragraph (1) or July 1, 2012.
``(E) For particleboard--
``(i) 0.18 parts per million of formaldehyde for any
period after the effective date described in paragraph (1)
and before July 1, 2011; and
``(ii) 0.09 parts per million of formaldehyde,
effective on the later of the effective date described in
paragraph (1) or July 1, 2011.
``(3) Compliance with emission standards.--(A) Compliance with
the emission standards described in paragraph (2) shall be measured
by--
``(i) quarterly tests shall be conducted pursuant to test
method ASTM E-1333-96 (2002) or, subject to subparagraph (B),
ASTM D-6007-02; and
``(ii) quality control tests shall be conducted pursuant to
ASTM D-6007-02, ASTM D-5582, or such other test methods as may
be established by the Administrator through rulemaking.
``(B) Test results obtained under subparagraph (A)(i) or (ii)
by any test method other than ASTM E-1333-96 (2002) must include a
showing of equivalence by means established by the Administrator
through rulemaking.
``(C) Except where otherwise specified, the Administrator shall
establish through rulemaking the number and frequency of tests
required to demonstrate compliance with the emission standards.
``(4) 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;
``(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;
``(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;
``(5) oriented strand board;
``(6) glued laminated lumber, as specified in the standard
entitled `Structural Glued Laminated Timber' and numbered ANSI
A190.1-2002;
``(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;
``(8) finger-jointed lumber;
``(9) wood packaging (including pallets, crates, spools, and
dunnage);
``(10) composite wood products used inside a new--
``(A) vehicle (other than a recreational vehicle)
constructed entirely from new parts that has never been--
``(i) the subject of a retail sale; or
``(ii) registered with the appropriate State agency or
authority responsible for motor vehicles or with any
foreign state, province, or country;
``(B) rail car;
``(C) boat;
``(D) aerospace craft; or
``(E) 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, 2013, the
Administrator shall promulgate regulations to implement the
standards required under subsection (b) in a manner that ensures
compliance with the emission standards described in subsection
(b)(2).
``(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;
``(K) laminated products; and
``(L) exceptions from the requirements of regulations
promulgated pursuant to this subsection for products and
components containing de minimis amounts of composite wood
products.
The Administrator shall not provide under subparagraph (L)
exceptions to the formaldehyde emission standard requirements in
subsection (b).
``(3) Sell-through provisions.--
``(A) In general.--Sell-through provisions established by
the Administrator under this subsection, with respect to
composite wood products and finished goods containing regulated
composite wood products (including recreational vehicles,
manufactured homes, and modular homes), shall--
``(i) be based on a designated date of manufacture
(which shall be no earlier than the date 180 days following
the promulgation of the regulations pursuant to this
subsection) of the composite wood product or finished good,
rather than date of sale of the composite wood product or
finished good; and
``(ii) provide that any inventory of composite wood
products or finished goods containing regulated composite
wood products, manufactured before the designated date of
manufacture of the composite wood products or finished
goods, shall not be subject to the formaldehyde emission
standard requirements under subsection (b)(1).
``(B) Implementing regulations.--The regulations
promulgated under this subsection shall--
``(i) prohibit the stockpiling of inventory to be sold
after the designated date of manufacture; and
``(ii) not require any labeling or testing of composite
wood products or finished goods containing regulated
composite wood products manufactured before the designated
date of manufacture.
``(C) Definition.--For purposes of this paragraph, the term
`stockpiling' means manufacturing or purchasing a composite
wood product or finished good containing a regulated composite
wood product between the date of enactment of the Formaldehyde
Standards for Composite Wood Products Act and the date 180 days
following the promulgation of the regulations pursuant to this
subsection at a rate which is significantly greater (as
determined by the Administrator) than the rate at which such
product or good was manufactured or purchased during a base
period (as determined by the Administrator) ending before the
date of enactment of the Formaldehyde Standards for Composite
Wood Products Act.
``(4) Import regulations.--Not later than July 1, 2013, 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) Successor standards and test methods.--The Administrator
may, after public notice and opportunity for comment, substitute an
industry standard or test method referenced in this section with
its successor version.
``(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 one year after the date of enactment of this Act,
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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.