[Congressional Record Volume 156, Number 88 (Monday, June 14, 2010)]
[Senate]
[Pages S4891-S4892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS ACT
Mr. REID. Madam President, I ask unanimous consent that the Senate
proceed to Calendar No. 352, S. 1660.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1660) to amend the Toxic Substances Control Act
to reduce the emissions of formaldehyde from composite wood
products.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Environment and Public
Works, with an amendment to strike all after the enacting clause and
insert in lieu thereof the following:
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
[[Page S4892]]
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).
Mr. REID. Madam President, I ask unanimous consent that the
committee-reported substitute amendment be considered; that a Klobuchar
amendment at the desk be agreed to; the substitute amendment, as
amended, be agreed to; the bill, as amended, be read a third time and
passed; and that the motions to reconsider be laid on the table, with
no intervening action or debate and any statements be printed in the
Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 4347) was agreed to, as follows:
(The text of the amendment is printed in today's Record under ``Text
of Amendments.'')
The committee amendment in the nature of a substitute, as amended,
was agreed to.
The bill (S. 1660), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed.
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