[Congressional Record Volume 156, Number 95 (Wednesday, June 23, 2010)]
[House]
[Pages H4701-H4705]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1250
         FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS ACT

  Ms. MATSUI. Madam Speaker, I move to suspend the rules and pass the 
bill (S. 1660) to amend the Toxic Substances Control Act to reduce the 
emissions of formaldehyde from composite wood products, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1660

       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

[[Page H4702]]

     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

[[Page H4703]]

     (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Matsui) and the gentleman from California (Mr. 
Radanovich) each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. MATSUI. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material in the Record.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. MATSUI. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in strong support of S. 1660, the Formaldehyde 
Standards for Composite Wood Products Act. I want to thank Senators 
Klobuchar and Crapo for their leadership in guiding this bill through 
the Senate.
  Madam Speaker, this is a truly bipartisan bill, with 10 out of the 19 
Senate cosponsors being Republican Senators, including Isakson of 
Georgia, Senators Corker and Alexander from Tennessee, Senator Vitter 
from Louisiana, and Senator Cochran of Mississippi, just to name a few. 
Just last week, this legislation was unanimously approved by the 
Senate. I, along with Representative Vern Ehlers, introduced the House 
companion, H.R. 4805.
  I want to thank Chairmen Waxman and Rush for their leadership in 
guiding H.R. 4805 through the Energy and Commerce Committee, which was 
reported out in a bipartisan manner by a vote of 27-10 on May 26. 
During the committee debate on this legislation we worked 
collaboratively with the minority to address the vast majority of

[[Page H4704]]

the concerns initially raised by CTCP Subcommittee Ranking Member 
Whitfield and Representatives Gingrey and Scalise. And I thank them for 
their support during the full committee's consideration. Those changes 
are included in this legislation that we are considering today.
  On the issue of labeling, we expect that EPA will take steps to 
ensure that consumers are able to make informed purchases. At the same 
time, it is not our intention to require labeling that is more 
burdensome than what is already required in California.
  Madam Speaker, the bill is a result of months of hard work; and we 
have a strong bipartisan, bicameral measure that is widely supported by 
a diverse coalition comprised of industries, public health advocates, 
environmental groups, and others. Groups that have publicly endorsed 
this legislation include the American Forest and Paper Association; the 
Engineered Wood Association; the Composite Panel Association; American 
Home Furnishings Association; Business and Institutional Furniture 
Manufacturers Association; Kitchen Cabinet Manufacturers Association; 
the Sierra Club; the United Steelworkers of America; the American 
Public Health Association; the Retail Industry Leaders Association; and 
others.
  I am pleased that the House is taking up this important bipartisan 
measure today. The bill would direct that EPA establish one national 
standard for formaldehyde in domestic and imported composite wood 
products. As we all know, the emissions of formaldehyde, which is a 
harmful chemical widely used in a variety of composite wood product 
applications, are known to have adverse effects on human health and 
resulted in cases of toxicity for those storm victims provided FEMA 
trailers following Hurricane Katrina.
  Formaldehyde emissions from composite wood are largely the result of 
cheap foreign products that enter the U.S. marketplace at much lower 
cost, which places U.S. manufacturers at a competitive disadvantage. 
This legislation will level the playing field for our domestic 
manufacturers by creating one national standard on formaldehyde 
emissions for both our domestic industry and foreign manufacturers to 
follow.
  Simply put, we must ensure that faulty foreign wood products do not 
enter the U.S. market anymore. In doing so, this bill will protect and 
create American jobs, boost the competitiveness of our domestic 
manufacturing sector, and ensure that American consumers are not 
exposed to faulty foreign products with high formaldehyde emissions.
  In closing, I would like to thank Chairman Waxman's staff, 
particularly Robin Appleberry for her hard work and effort in working 
in a bipartisan manner with my office and with the minority staff of 
the Energy and Commerce Committee to ensure that the legislation will 
protect consumers as well as our U.S. domestic manufacturing 
industries. I urge my colleagues to support this legislation.
  I reserve the balance of my time.
  Mr. RADANOVICH. Madam Speaker, I yield myself such time as I may 
consume.
  (Mr. RADANOVICH asked and was given permission to revise and extend 
his remarks.)
  Mr. RADANOVICH. Madam Speaker, H.R. 4805, the Formaldehyde Standards 
for Composite Wood Products Act, would set Federal formaldehyde 
emission standards for composite wood products based on the standards 
recently set by the State of California. Excessive exposure to 
formaldehyde can cause health problems, and health risks imposed by 
formaldehyde may indeed warrant a Federal emission standard for 
composite wood products. Although this bill has improved in several 
important respects since it was introduced, it still has a number of 
deficiencies that outweigh its benefits. Therefore, I urge all Members 
to vote against the bill.
  Before summarizing the bill's principal deficiencies, let me note 
some of the changes that we were able to make on the Energy and 
Commerce Committee. The bill before the House today provides greater 
clarity regarding the actual emission standards that the EPA must 
promulgate and mandates ``sell-through'' provisions that ensure fair 
treatment for merchants seeking to sell inventory manufactured before 
the emission standards take effect.
  Despite these improvements, the bill suffers from at least four 
critical deficiencies. First, the proponents of the bill failed to 
demonstrate that the emission standards themselves are reflective of 
the most recent scientific study and understanding. Second, the bill 
sets forth a theoretical national standard because it does not preempt 
State and local regulation. Third, the bill requires EPA to promulgate 
the standards without making a determination that they are technically 
feasible and that compliance is not prohibitively expensive. Finally, 
the bill requires EPA to regulate consumer products even though the 
CPSC appears better qualified for this task.
  I will now address each of these four deficiencies in more detail. 
Excessive exposure to formaldehyde can cause health problems, and we 
are not here to debate that point. I am concerned that this bill's 
stated emission standards do not reflect the levels science is telling 
us are necessary to prevent harm. Instead, I understand the bill relies 
on the increasingly outdated risk assessment conducted by the State of 
California in issuing its own regulations. Further, as explained and 
called into question by Dr. Mel Anderson in his expert testimony 
provided at the March 18, 2010, hearing before the Commerce, Trade, and 
Consumer Protection Subcommittee, the California standards are much 
more restrictive than necessary to protect consumers from cancer risks.
  Further, assuming the health risks posed by formaldehyde in composite 
wood products warrant some type of Federal emission standard, the bill 
raises concerns because it does not preempt State regulation. The 
preemption provisions in section 18 of the Toxic Substances Control 
Act, or TSCA, would not apply to these standards. Nothing in the bill 
would preclude States from imposing more stringent and conflicting 
standards than those mandated by the bill. States could create a 
patchwork of differing laws and requirements, thereby frustrating the 
stated goal of creating a uniform national standard for formaldehyde 
emissions from composite wood products. In addition, the EPA is 
currently considering a regulation under TSCA addressing the same 
issues addressed by this bill. If the EPA completes its current 
rulemaking process, any resulting formaldehyde standard would preempt 
State regulation as provided in TSCA.
  The bill would also require the EPA to issue the mandated emission 
standards regardless of whether they ultimately prove technically 
feasible and reasonably affordable. Congress lacks experience regarding 
the workability of these standards in the real word. We have learned 
through our experience with the Consumer Product Safety Improvement Act 
that we should be very careful about mandating standards based on 
industry segment's confidence that it can comply with them. We learned 
the hard way that well-meaning bills can lead to unemployment for small 
manufacturers, and we should not repeat that mistake, with almost 10 
percent unemployment.
  This bill does not provide the EPA with any discretion if one or more 
of these standards proves technically not feasible to meet or if the 
high cost of compliance with the standard would prevent any 
manufacturers from remaining in business. It doesn't make sense to 
impose a standard which has not been ``road tested'' and that industry 
potentially cannot meet.

                              {time}  1300

  Moreover, the bill would provide for EPA rulemaking and enforcement 
of the emissions standards under the Toxic Substances Control Act, 
TSCA, even though the CPSC would be in a better position to handle the 
program under the Federal Hazardous Substances Act. Under TSCA, the EPA 
regulates industrial chemicals and mixtures rather than consumer 
products, while the CPSC regulates unsafe consumer products under a 
different statutory framework.
  Given that the bill addresses supposedly unsafe consumer products and 
provides for emissions standards as well as labeling and testing 
requirements, the CPSC arguably is better situated than the EPA to 
handle this. The CPSC's more extensive experience and

[[Page H4705]]

expertise on issues relating to consumer product safety, sell-through, 
labeling, and consumer product testing suggest that we should entrust 
this program to the CPSC instead of handing it off to EPA.
  Had the above deficiencies been resolved more satisfactorily, this 
bill would more likely warrant passage. Unfortunately, I cannot support 
the bill in its current form and urge a ``no'' vote.
  Madam Speaker, I yield back the balance of my time.
  Ms. MATSUI. Madam Speaker, we can all agree that harmful formaldehyde 
emissions need to be addressed immediately. Formaldehyde emissions from 
composite woods are largely the result of cheap foreign products that 
enter the U.S. marketplace at much lower costs. These emissions have 
harmed far too many Americans, and their foreign sources have and 
continue to place our domestic manufacturing industries at a 
competitive disadvantage. This legislation will level the playing field 
for our domestic industries and protect the health of American 
consumers.
  Madam Speaker, today we have a strong bipartisan, bicameral bill that 
will boost our domestic manufacturing industries, create jobs, and 
protect American consumers. This bill is strongly supported by a large 
number of industries, public health advocates, and environmental 
groups. Again, this legislation is bipartisan, and I urge my colleagues 
to support S. 1660, to make certain that faulty foreign wood products 
do not enter the U.S. market.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Matsui) that the House suspend the 
rules and pass the bill, S. 1660.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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