    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-199
    111th Congress

    An Act

    To amend the Toxic Substances Control Act to reduce the emissions of
    formaldehyde from composite wood products, and for other
    purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress <> assembled,
    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--

    [[Page 1360]]

    ``(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 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

    [[Page 1361]]

    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

    [[Page 1362]]

    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

    [[Page 1363]]

    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--

    [[Page 1364]]

    ``(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 (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;

    [[Page 1365]]

    ``(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

    [[Page 1366]]

    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

    [[Page 1367]]

    (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.

    Approved July 7, 2010.

    LEGISLATIVE HISTORY--S. 1660:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 111-169 (Comm. on Environment and Public Works).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    June 14, considered and passed Senate.
    June 23, considered and passed House.