[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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