[Congressional Record (Bound Edition), Volume 156 (2010), Part 8]
[Senate]
[Pages 10567-10568]
[From the U.S. 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 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;

[[Page 10568]]

       ``(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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