[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1660 Reported in Senate (RS)]
Calendar No. 352
111th CONGRESS
2d Session
S. 1660
[Report No. 111-169]
To amend the Toxic Substances Control Act to reduce the emissions of
formaldehyde from composite wood products, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 10, 2009
Ms. Klobuchar (for herself, Mr. Crapo, Mr. Risch, Mr. Gregg, Ms.
Landrieu, Ms. Murkowski, Mr. Tester, Mrs. Shaheen, Mr. Isakson, Mr.
Vitter, Mrs. Feinstein, Mr. Begich, Mr. Cochran, Mr. Bayh, Mr.
Brownback, Mr. Alexander, Mr. Corker, Mr. Lieberman, Mr. Durbin, and
Mrs. Boxer) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
April 19, 2010
Reported by Mr. Reid (for Mrs. Boxer), with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Formaldehyde Standards for
Composite Wood Products Act''.</DELETED>
<DELETED>SEC. 2. FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD
PRODUCTS.</DELETED>
<DELETED> (a) Amendment.--The Toxic Substances Control Act (15
U.S.C. 2601 et seq.) is amended by adding at the end the
following:</DELETED>
<DELETED>``TITLE VI--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD
PRODUCTS</DELETED>
<DELETED>``SEC. 601. FORMALDEHYDE STANDARDS.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Finished good.--</DELETED>
<DELETED> ``(A) In general.--The term `finished
good' means any good or product (other than a panel)
containing--</DELETED>
<DELETED> ``(i) hardwood plywood;</DELETED>
<DELETED> ``(ii) particleboard; or</DELETED>
<DELETED> ``(iii) medium-density
fiberboard.</DELETED>
<DELETED> ``(B) Inclusions.--The term `finished
good' includes--</DELETED>
<DELETED> ``(i) manufactured housing;
and</DELETED>
<DELETED> ``(ii) recreational
vehicles.</DELETED>
<DELETED> ``(C) Exclusions.--The term `finished
good' does not include--</DELETED>
<DELETED> ``(i) any component part or other
part used in the assembly of a finished good;
or</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) an antique;
or</DELETED>
<DELETED> ``(II) secondhand
furniture.</DELETED>
<DELETED> ``(2) Hardwood plywood.--</DELETED>
<DELETED> ``(A) In general.--The term `hardwood
plywood' means a hardwood or decorative panel that is--
</DELETED>
<DELETED> ``(i) intended for interior use;
and</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) lumber
core;</DELETED>
<DELETED> ``(II) particleboard
core;</DELETED>
<DELETED> ``(III) medium-density
fiberboard core;</DELETED>
<DELETED> ``(IV) hardboard core;
or</DELETED>
<DELETED> ``(V) any other special
core or special back
material.</DELETED>
<DELETED> ``(B) Exclusions.--The term `hardwood
plywood' does not include--</DELETED>
<DELETED> ``(i) a laminated
product;</DELETED>
<DELETED> ``(ii) military-specified
plywood;</DELETED>
<DELETED> ``(iii) curved plywood;
or</DELETED>
<DELETED> ``(iv) any other product specified
in--</DELETED>
<DELETED> ``(I) the standard
entitled `Voluntary Product Standard-
Structural Plywood' and numbered PS 1-
07 (or a successor standard);
or</DELETED>
<DELETED> ``(II) the standard
entitled `Voluntary Product Standard-
Performance Standard for Wood-Based
Structural-Use Panels' and numbered PS
2-04 (or a successor
standard).</DELETED>
<DELETED> ``(3) Laminated product.--The term `laminated
product' means a product--</DELETED>
<DELETED> ``(A) in which a wood veneer is affixed
to--</DELETED>
<DELETED> ``(i) a particleboard
platform;</DELETED>
<DELETED> ``(ii) a medium-density fiberboard
platform; or</DELETED>
<DELETED> ``(iii) a veneer-core platform;
and</DELETED>
<DELETED> ``(B) that is--</DELETED>
<DELETED> ``(i) a component part;</DELETED>
<DELETED> ``(ii) used in the construction or
assembly of a finished good; and</DELETED>
<DELETED> ``(iii) produced by the
manufacturer or fabricator of the finished good
in which the product is incorporated.</DELETED>
<DELETED> ``(4) 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)).</DELETED>
<DELETED> ``(5) No-added formaldehyde-based resin.--
</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(B) Inclusions.--The term `no-added
formaldehyde-based resin' may include any resin made
from--</DELETED>
<DELETED> ``(i) soy;</DELETED>
<DELETED> ``(ii) polyvinyl acetate;
or</DELETED>
<DELETED> ``(iii) methylene
diisocyanate.</DELETED>
<DELETED> ``(6) Particleboard.--</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(7) Ultra low-emitting formaldehyde resin.--
</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(B) Inclusions.--The term `ultra low-
emitting formaldehyde resin' may include--</DELETED>
<DELETED> ``(i) melamine-urea-formaldehyde
resin;</DELETED>
<DELETED> ``(ii) phenol formaldehyde resin;
and</DELETED>
<DELETED> ``(iii) resorcinol formaldehyde
resin.</DELETED>
<DELETED> ``(b) Requirement.--</DELETED>
<DELETED> ``(1) In general.--Except as provided in
subsection (d), effective beginning on the date that is 180
days after the date of enactment of this section, 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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) in the form of an unfinished panel;
or</DELETED>
<DELETED> ``(B) incorporated into a finished
good.</DELETED>
<DELETED> ``(c) Exemptions.--The formaldehyde emission standard
referred to in subsection (b)(1) shall not apply to--</DELETED>
<DELETED> ``(1) hardboard;</DELETED>
<DELETED> ``(2) structural plywood, as specified in the
standard entitled `Voluntary Product Standard-Structural
Plywood' and numbered PS 1-07 (or a successor
standard);</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(5) oriented strand board;</DELETED>
<DELETED> ``(6) glued laminated lumber, as specified in the
standard entitled `Structural Glued Laminated Timber' and
numbered ANSI A190.1-2002 (or a successor standard);</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(8) finger-jointed lumber;</DELETED>
<DELETED> ``(9) wood packaging (including pallets, crates,
spools, and dunnage); or</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Regulations.--</DELETED>
<DELETED> ``(1) In general.--Not later than January 1, 2011,
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).</DELETED>
<DELETED> ``(2) Inclusions.--The regulations promulgated
pursuant to paragraph (1) shall include provisions relating
to--</DELETED>
<DELETED> ``(A) labeling;</DELETED>
<DELETED> ``(B) chain of custody
requirements;</DELETED>
<DELETED> ``(C) sell-through provisions;</DELETED>
<DELETED> ``(D) ultra low-emitting formaldehyde
resins;</DELETED>
<DELETED> ``(E) no-added formaldehyde-based
resins;</DELETED>
<DELETED> ``(F) finished goods;</DELETED>
<DELETED> ``(G) third-party testing and
certification;</DELETED>
<DELETED> ``(H) auditing and reporting of third-
party certifiers;</DELETED>
<DELETED> ``(I) recordkeeping; and</DELETED>
<DELETED> ``(J) enforcement.</DELETED>
<DELETED> ``(3) Import regulations.--Not later than July 1,
2011, 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.</DELETED>
<DELETED> ``(4) 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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``TITLE VI--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS
<DELETED>``Sec. 601. Formaldehyde standards.''.
<DELETED>SEC. 3. REPORTS TO CONGRESS.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) the extent to which relevant industries have
achieved compliance with the requirements under that
title.</DELETED>
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' means a composite
panel composed of cellulosic fibers manufactured with a wet
process using--
``(A) no resins; or
``(B) resins that have no added formaldehyde.
``(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) 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 such information to
determine, at the discretion of the
Administrator, whether the definition of
hardwood plywood should exempt any laminated
product. The Administrator may also modify any
aspect of the definition contained in clause
(ii) before including it in such regulations.
``(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) 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)).
``(5) 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.
``(6) 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).
``(7) 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); or
``(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.
``(d) Regulations.--
``(1) In general.--Not later than July 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) 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.
``(4) 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 on which the Administrator
of the Environmental Protection Agency promulgates regulations under
section 601(d)(1) of the Toxic Substances Control Act (as added by
section 2(a)), 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 (as so added).
Calendar No. 352
111th CONGRESS
2d Session
S. 1660
[Report No. 111-169]
_______________________________________________________________________
A BILL
To amend the Toxic Substances Control Act to reduce the emissions of
formaldehyde from composite wood products, and for other purposes.
_______________________________________________________________________
April 19, 2010
Reported with an amendment