89–006 

111TH CONGRESS REPT. 111–509 " ! HOUSE OF REPRESENTATIVES 2d Session Part 1 

FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD 

PRODUCTS ACT 

JUNE 22, 2010.—Ordered to be printed 

Mr. WAXMAN, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 4805] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 4805) to amend the Toxic Substances Control Act to 

reduce the emissions of formaldehyde from composite wood products, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 7 

Background and Need for Legislation .................................................................... 7 

Legislative History .................................................................................................. 9 

Committee Consideration ........................................................................................ 9 

Committee Votes ...................................................................................................... 10 

Committee Oversight Findings and Recommendations ........................................ 12 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 12 

Statement of General Performance Goals and Objectives .................................... 12 

Constitutional Authority Statement ...................................................................... 12 

Earmarks and Tax and Tariff Benefits .................................................................. 12 

Advisory Committee Statement .............................................................................. 12 

Applicability of Law to the Legislative Branch ..................................................... 12 

Federal Mandates Statement ................................................................................. 12 

Committee Cost Estimate ....................................................................................... 12 

Congressional Budget Office Estimate ................................................................... 13 

Section-by-Section Analysis of the Legislation ...................................................... 14 


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Changes in Existing Law Made by the Bill, as Reported ..................................... 16 

Dissenting Views ..................................................................................................... 24 

AMENDMENT

The amendment is as follows: Strike all after the enacting clause 

and insert 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’ 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 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. 


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‘‘(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 D6007-02 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.— 


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‘‘(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 E1333-96 (2002) or, subject to clause (ii), ASTM D-6007-02; and 

‘‘(II) 6 months of routine quality control tests pursuant to ASTM D6007-02 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. 


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‘‘(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 E1333-96 (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; 

‘‘(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— 


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‘‘(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. 


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1 International Agency for Research on Cancer, IARC Classifies Formaldehyde as Carcinogenic 

to Humans (June 15, 2004) (online at www.iarc.fr/en/media-centre/pr/2004/pr153.html); U.S. Environmental Protection Agency, Formaldehyde Emissions from Pressed Wood Products, 73 Fed. 

Reg. 73620, 73622 (Dec. 3, 2008). 2 U.S. Department of Health and Human Services, Public Health Service, National Toxicology 

Program, Report on Carcinogens, Eleventh Edition (online at ntp.niehs.nih.gov/ntp/roc/ 

toc11.html). 3 U.S. Department of Health and Human Services, Public Health Service, National Toxicology 

Program, National Toxicology Program (NTP); Report on Carcinogens (RoC) Center: Request for 

Public Comments on the RoC Expert Panel’s Recommendation on Listing Status for Formaldehyde and the Scientific Justification for the Recommendation, 74 Fed. Reg. 67883 (Dec. 21, 

2009). 

‘‘(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. 

PURPOSE AND SUMMARY

H.R. 4805, the ‘‘Formaldehyde Standards for Composite Wood 

Products Act’’, was introduced by Rep. Doris Matsui (D–CA) and 

Rep. Vernon Ehlers (R–MI) on March 10, 2010. H.R. 4805 amends 

the Toxic Substances Control Act to establish national limits on 

formaldehyde emissions from domestic and imported composite 

wood products. 

BACKGROUND AND NEED FOR LEGISLATION

Formaldehyde is a chemical known to have adverse effects on 

human health. It has been recognized by the International Agency 

for Research on Cancer as a known human carcinogen and by the 

Environmental Protection Agency (EPA) as both an irritant and a 

probable human carcinogen.1 Formaldehyde gas has been listed by 

the National Toxicology Program, part of the National Institute of 

Environmental Health Sciences (NIEHS), as ‘‘reasonably anticipated to be a human carcinogen.’’ 2 Recently, NIEHS nominated 

formaldehyde for possible reconsideration as a ‘‘known carcinogen.’’ 3 In addition, inhalation of formaldehyde can cause nose 

and throat irritation, difficulty breathing, burning sensations in the 


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4 U.S. Environmental Protection Agency, Indoor Air Quality: Formaldehyde (online at: 

www.epa.gov/iaq/formalde.html#Health%20Effects) (accessed Mar. 15, 2010). 5 Id. 

6 U.S. Environmental Protection Agency, Formaldehyde Emissions from Pressed Wood Products, 73 Fed. Reg. 73620, 73622 (Dec. 3, 2008). 7 Id. 

8 U.S. Environmental Protection Agency, Indoor Air Quality: Formaldehyde (online at: 

www.epa.gov/iaq/formalde.html#Health%20Effects) (accessed Mar. 15, 2010). 9See generally U.S. Centers for Disease Control, Final Report on Formaldehyde Levels in 

FEMA-Supplied Travel Trailers, Park Models, and Mobile Homes (July 2, 2008) (online at 

www.cdc.gov/nceh/ehhe/trailerstudy/assessment.htm#final). 10 42 U.S.C. 7412. 11 24 CFR 328049. 12 U.S. Environmental Protection Agency, Formaldehyde Emissions from Pressed Wood Prod- ucts, 73 Fed. Reg. 73620 (Dec. 3, 2008). 13 U.S. Environmental Protection Agency, Draft Toxicological Review of Formaldehyde in Support of Summary Information on the Integrated Risk Information System (IRIS), 75 Fed. Reg. 

30825 (June 2, 2010). 14 California Environmental Protection Agency Air Resources Board, Airborne Toxic Control 

Measure to Reduce Formaldehyde Emissions from Composite Wood Products (online at 

www.arb.ca.gov/regact/2007/compwood07/compwood07.htm) (Apr. 2008). 

eyes and throat, and nausea.4 Other effects include coughing, 

wheezing, chest pains, bronchitis, and severe allergic reactions.5

Despite its known harmful effects, formaldehyde is widely used 

in a variety of applications. The primary sources of formaldehyde 

in the air inside homes are composite wood products, also known 

as pressed wood products.6 A variety of these products—including 

cabinets, furniture, shelving, and doors—are made with adhesives 

that contain formaldehyde, which can be released into the home.7

High levels of airborne formaldehyde have been detected inside 

homes, particularly in those with significant amounts of new composite wood products.8 The most prominent cases of toxicity caused 

by formaldehyde emissions from pressed wood products are those 

that followed Hurricane Katrina, in the trailers provided by the 

Federal Emergency Management Agency as temporary housing to 

victims of the storm.9

The federal government has taken some steps to limit formaldehyde emissions. In the Clean Air Act Amendments of 1990, Congress identified formaldehyde as a hazardous air pollutant for 

which EPA was required to establish industrial emission standards 

under the Clean Air Act.10 Regulations promulgated in the 1980s 

by the U.S. Department of Housing and Urban Development (HUD) 

provide standards for formaldehyde emissions, but these apply only 

to plywood and particleboard materials that are installed in manufactured homes.11 EPA initiated a proceeding in 2008 to consider 

taking regulatory action under the Toxic Substances Control Act to 

limit formaldehyde emissions from composite wood products.12 On 

June 2, 2010, EPA also released a draft revised assessment of the 

risks of formaldehyde exposure for expert review and public comment.13 With the exception of the HUD regulations for manufactured homes, formaldehyde emissions from composite wood products are not currently regulated by the federal government. 

The State of California recently established limits on formaldehyde emissions in most composite wood products. In 2008, after 

several years of scientific review and rulemaking, the California 

Air Resources Board finalized rules establishing the standards, the 

first phase of which went into effect on January 1, 2009.14

H.R. 4805 establishes national technology-based limits (i.e., limits based on the technological feasibility of the standards) on formaldehyde emissions from most composite wood products. It does so 


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by requiring EPA to issue regulations, not later than January 1, 

2013, to apply formaldehyde emissions standards that are equivalent to the California standards for hardwood plywood, mediumdensity fiberboard, and particleboard that is sold, supplied, offered 

for sale, or manufactured anywhere in the United States. EPA’s 

regulations must ensure compliance with the federal standard and 

must include provisions relating to labeling, chain of custody requirements, provisions for sale of products or finished goods that 

were manufactured before the compliance deadline but are allowed 

to continue to be sold within a specified time period after the deadline (or product ‘‘sell-through’’), third-party testing and certification, and other matters of implementation. H.R. 4805 also requires that HUD update its regulations to reflect the standards established by EPA. Under the bill, the new limits will go into effect 

180 days after EPA issues its regulations. Finally, EPA will be free 

to make further limitations at any time subsequent to the initial 

rulemaking. 

LEGISLATIVE HISTORY

H.R. 4805 was introduced on March 10, 2010, by Rep. Matsui 

and Rep. Ehlers. The bill was referred to the Subcommittee on 

Commerce, Trade, and Consumer Protection on March 11, 2010, 

and the Subcommittee held a hearing on the legislation on March 

18, 2010. After the hearing, the majority and minority of the Subcommittee and full Committee worked together to address minority 

concerns with the legislation. The results of this effort were embodied in an amendment in the nature of a substitute by Mr. Waxman, which was offered by Ms. DeGette for Mr. Waxman and was 

subsequently adopted during full Committee markup on May 26, 

2010. 

COMMITTEE CONSIDERATION

The full Committee met in open markup session on May 26, 

2010, to consider H.R. 4805. Vice Chair DeGette, on behalf of 

Chairman Waxman, offered a manager’s amendment in the form of 

an amendment in the nature of a substitute, which subsequently 

passed on a voice vote. The manager’s amendment eliminated explicit references within the bill to California law and directed EPA 

to issue regulations that allow for the sale of older products based 

on the date of manufacture, rather than the date of sale. In addition, the manager’s amendment clarified an ambiguity in the legislation with respect to the legal effect of subsequent changes to the 

independent standards that are referenced in the bill. The manager’s amendment provided that such changes may be adopted by 

EPA after providing an opportunity for notice and comment. The 

amendment also struck an explicit reference to the California Air 

Resources Board in the bill’s requirement that EPA consider information regarding the law’s application to ‘‘laminated products’’ 

while still requiring EPA to consider relevant information from all 

available sources. Furthermore, the manager’s amendment extended the deadline for an initial report to Congress on implementation of the bill and required EPA to issue regulations relating to 

exemption of products that contain only a very small amount of 


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composite wood products from the requirements of the regulations 

other than the emissions standards. 

The Committee also adopted an amendment offered by Mr. 

Gingrey that would require EPA to promulgate regulations no later 

than January 1, 2013, to implement and ensure compliance with 

the emissions standards contained in section 601(b). H.R. 4805 as 

introduced set this deadline as January 1, 2012. The Gingrey 

amendment was approved on a voice vote. 

The Committee subsequently ordered H.R. 4805 favorably reported to the House, amended, by a roll call vote of 27 yeas and 

10 nays. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list each record vote on the motion 

to report legislation and amendments thereto. A motion by Ms. 

DeGette ordering H.R. 4805 favorably reported to the House, 

amended, was approved by a record vote of 27 yeas and 10 nays. 

The following is the record vote taken during Committee consideration, including the names of those members voting for and 

against: 


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COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the findings and recommendations of the 

Committee are reflected in the descriptive portions of this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that H.R. 4805 would result in no new budget authority, entitlement authority, or tax expenditures or revenues. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In compliance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the committee finds that the constitutional authority for H.R. 4805 is provided in Article I, section 8, clauses 1, 

3, and 18 of the United States Constitution. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 4805 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9 of rule 

XXI of the Rules of the House of Representatives. 

ADVISORY COMMITTEE STATEMENT

No advisory committees were created by H.R. 4805 within the 

meaning of section 5 U.S.C. App., 5(b) of the Federal Advisory 

Committee Act. 

APPLICABILITY OF LAW TO THE LEGISLATIVE BRANCH

The Committee finds that H.R. 4805 does not relate to the terms 

and conditions of employment or access to public services or accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act of 1985. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimates of federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandate Reform Act. 

COMMITTEE COST ESTIMATE

Pursuant to clause 3(d) of rule XIII of the Rules of the House of 

Representatives, the Committee adopts as its own the cost estimate 

on H.R. 4805 prepared by the Director of the Congressional Budget 

Office pursuant to section 402 of the Congressional Budget Act. 


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CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate on H.R. 4805 

provided by the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974: 

JUNE 8, 2010. 

Hon. HENRY A. WAXMAN, 

Chairman, Committee on Energy and Commerce, U.S. House of 

Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4805, the Formaldehyde 

Standards for Composite Wood Products Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 4805—Formaldehyde Standards for Composite Wood Products 

Act 

H.R. 4805 would establish emission standards for hardwood plywood, medium-density fiberboard, and particle board that is sold, 

supplied, offered for sale, or manufactured in the United States. 

The bill would prescribe several exemptions. Under this legislation, 

the Environmental Protection Agency (EPA) would be required to 

issue regulations to implement the standards no later than January 1, 2013, and revise regulations relating to the importation of 

products covered under this legislation no later than July 1, 2013. 

EPA also would be required to provide annual reports to the Congress through 2014 on the status of implementing the standard. Finally, within 180 days of regulations being finalized, the Secretary 

of Housing and Urban Development would be required to update 

regulations relating to formaldehyde emission levels of products installed in manufactured homes. 

CBO estimates that implementing this legislation would cost 

about $3 million over the 2011–2013 period, assuming availability 

of appropriated funds, to issue regulations and prepare reports. 

Pay-as-you-go procedures do not apply to this legislation because 

it would not affect direct spending or revenues. 

H.R. 4805 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA) and would impose no 

costs on state, local, or tribal governments. 

Requiring manufacturers, sellers, suppliers and importers of 

composite wood products to meet a national standard for formaldehyde emissions would constitute a private-sector mandate as defined in UMRA. According to information from the industry, a significant portion of the industry would already be in compliance 

with the standard because of actions taken to comply with the 

standard for formaldehyde emissions established by the California 

Air Resources Board (CARB) and currently being phased in by the 

state of California. At the same time, industry sources indicate that 

the cost to comply with a national standard would significantly exceed the cost of the state standard, which CARB estimated would 


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exceed $100 million. Because of uncertainty about the extent to 

which entities would already be in compliance with the requirements in the bill, CBO cannot determine whether the cost of the 

mandate would exceed the annual threshold established in UMRA 

for private-sector mandates ($141 million in 2010, adjusted annually for inflation). 

On January 7, 2010, CBO transmitted a cost estimate for S. 

1660, the Formaldehyde Standards for Composite Wood Products 

Act, as ordered reported by the Senate Committee on Environment 

and Public Works on December 10, 2009. Both S. 1660 and this legislation would impose the same emission standard on composite 

wood products. Though deadlines for certain actions differ between 

the two bills, estimated costs over the next five years for both estimates are the same. 

The CBO staff contacts for this estimate are Susanne S. 

Mehlman (for federal costs) and Amy Petz (for the impact on the 

private sector). This estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS

This section designates the short title of the bill as the ‘‘Formaldehyde Standards for Composite Wood Products Act’’. 

SECTION 2. FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD

PRODUCTS

TITLE VI (in the Toxic Substances Control Act)—Formaldehyde 

Standards for Composite Wood Products 

The bill creates a new title within Toxic Substances Control Act 

to limit formaldehyde emissions from composite wood products. 

Section 601. Formaldehyde Standards 

Section 601(a) provides definitions of relevant terms, including 

‘finished good’, ‘hardboard’, ‘hardwood plywood’, ‘medium-density fiberboard’, ‘particleboard’, and ‘laminated product’. Although the bill 

grants EPA the discretion to modify the bill’s definition of ‘laminated product’ before including that definition in its regulations, 

the Committee urges EPA to seek public comment on the definition 

set forth in the bill. 

Section 601(b) establishes standards, subject to the sell-through 

regulations promulgated by the Environmental Protection Agency 

under section 601(d), for formaldehyde emissions from hardwood 

plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured in the United States. These 

standards shall be implemented through regulations issued by EPA 

under section 601(d), effective 180 days after the issuance of those 

regulations. The emissions standards contained in this section are 

the same as those recently imposed by the State of California and 

apply to the affected wood products regardless of whether they are 

in the form of an unfinished panel or incorporated into a finished 

good. 

Section 601(c) provides for certain exemptions to the emissions 

standards established in section 601(b), including an exemption for 


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wood packaging such as pallets. Stakeholders have raised concerns 

regarding the potential for formaldehyde exposure from wood pallets and other products not covered by the legislation, and the 

Committee shares these concerns. While the Committee has chosen 

to focus this legislation on exposures most likely to be encountered 

in the home, the Committee recognizes that individuals may be exposed to formaldehyde emissions from manufactured wood found in 

the workplace or other enclosed places, such as retail stores and 

other commercial facilities. For that reason, the Committee urges 

EPA to examine and address, as appropriate, formaldehyde emissions from other sources, including those from wood packaging such 

as pallets and other containers used for handling, storing, and 

transporting goods. 

Section 601(d) requires EPA to promulgate regulations no later 

than January 1, 2013, to implement and ensure compliance with 

the emissions standards contained in section 601(b). The introduced version of H.R. 4805 set this deadline as January 1, 2012, 

but the deadline was delayed by a year through an amendment offered at markup by Rep. Phil Gingrey (R–GA) and adopted by voice 

vote. Despite this change, the Committee notes that industry stakeholders have indicated that they plan to comply with the new emissions standards much sooner than 2013. The Committee therefore 

urges EPA to complete the rulemaking as quickly as possible, given 

its important impact on consumers and American businesses alike. 

The regulations shall include provisions related to labeling, sellthrough, third-party testing and certification, enforcement, and 

other issues. While these regulations must reflect the emissions 

standards contained in section 601(b), EPA is free to make further 

limitations on emissions at any time subsequent to the initial rulemaking. 

With respect to the issue of sell-through of regulated products 

and finished goods, the regulations shall be based on a designated 

date of manufacture no earlier than 180 days after promulgation 

of the regulations, rather than a date of sale. Such regulations also 

shall prohibit stockpiling of inventory and shall not require any labeling or testing of products or finished goods manufactured before 

the designated date of manufacture. The Committee expects that 

EPA will require labeling and testing, as appropriate, of products 

and finished goods manufactured after the designated date of manufacture sufficient to enable effective enforcement of the standards 

and sufficient to allow purchasers to identify products and finished 

goods that comply with the emissions standards. 

Section 601(d)(5) provides that EPA may, after public notice and 

opportunity for comment, substitute an industry standard or test 

method referenced in the bill with its successor version. The Committee expects EPA to use its discretion under this section to incorporate updated industry standards and test methods in a manner 

that ensures timely incorporation of updates to such standards and 

test methods yet does not result in the emissions standards applying to products that are not substantially similar to products previously covered by the emissions standards. 

SECTION 3. REPORTS TO CONGRESS

One year after the date of enactment, and annually thereafter 

through December 31, 2014, EPA shall submit a report to Congress 


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providing an update on implementation of this Act and describing 

the extent of industry compliance with its requirements. 

SECTION 4. MODIFICATION OF REGULATION

Within 180 days of issuance of regulations by EPA pursuant to 

this Act, the Secretary of Housing and Urban Development shall 

update its regulations related to formaldehyde emissions from composite wood products in manufactured housing to reflect the standards established by EPA. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

TOXIC SUBSTANCES CONTROL ACT 

TITLE I—CONTROL OF TOXIC SUBSTANCES 

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

This Act may be cited as the ‘‘Toxic Substances Control Act’’. 

TABLE OF CONTENTS 

* * * * * * * 

TITLE VI—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD 

PRODUCTS 

Sec. 601. Formaldehyde standards. 

* * * * * * * 

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. 


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(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 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 


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(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 formaldehydebased 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 D6007-02; 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 formaldehydebased 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 noadded 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) 


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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 WoodBased 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— 


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(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, mediumdensity fiberboard, and thin medium-density fiberboard. 

(b) REQUIREMENT.— (1) IN GENERAL.—Except as provided in an applicable sellthrough 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— 


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(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 (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 WoodBased 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— 


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(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 


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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. 


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DISSENTING VIEWS 

We, the undersigned Members of the Committee on Energy and 

Commerce, offer the following comments on H.R. 4805, the Formaldehyde Standards for Composite Wood Products Act. We believe 

that there may be some legitimate reasons for supporting passage 

of this legislation, but the deficiencies in this bill outweigh its benefits. 

We believe the bill reported by the Committee includes a number 

of significant improvements over the bill as originally introduced. 

These changes include: (1) greater clarity regarding the actual 

emission standards the Environmental Protection Agency (EPA) 

must promulgate and (2) ‘‘sell-through’’ provisions that ensure fairer treatment of merchants seeking to sell inventory manufactured 

before the emission standards take effect. Notwithstanding these 

changes, the bill suffers from at least four critical shortcomings 

that lead us to oppose its passage. First, the proponents of the bill 

failed to demonstrate that the emission standards have adequate 

scientific support. Second, the bill sets a national standard without 

preempting state 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. Fourth, the bill requires EPA to regulate consumer products even though the Consumer Product Safety Commission 

(CPSC) appears better qualified for this task. In addition, as explained below, we disagree with the majority’s description of the 

bill and provide guidance regarding a term used in the bill. 

Excessive exposure to formaldehyde can cause health problems, 

but we may not need federal formaldehyde emission standards for 

composite wood products to prevent health harm. The proponents 

of such standards have the burden of proving the need for them, 

but have failed to make an adequate case for the specific standards 

mandated by this bill. Instead, the proponents rely on the increasingly outdated risk assessment conducted by the State of California 

in issuing its regulations, 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. Dr. Anderson is a highly credible expert witness with extensive experience studying formaldehyde and we are 

concerned with his suggestion that the California standards are 

much more restrictive than necessary to protect consumers from 

cancer risks. Noteworthy to us was that none of the other witnesses persuasively rebutted this testimony that suggested an overregulation. In short, we feel the hearing record for this bill, while 

supportive of doing something on the overall subject, indicates that 

the emission standards mandated by the bill rest on a shaky foundation. 


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Further, assuming that the health risks posed by formaldehyde 

in composite wood products warrant some type of federal emission 

standard, the bill still raises concerns because it does not preempt 

state regulation. The preemption provisions in Section 18 of the 

Toxic Substances Control Act (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, EPA is currently considering a regulation under TSCA addressing the same issues addressed by this bill. 

If EPA completes its current rulemaking process, any resulting 

formaldehyde standard would preempt state regulation as provided 

in TSCA. 

The bill would also require EPA to issue the mandated emission 

standards regardless of whether they ultimately prove technically 

feasible and affordable. Congress lacks experience regarding the 

workability of these standards in the real world. Although industry 

representatives have assured us that they can comply with all of 

the standards mandated by the bill, including the ones that have 

not yet taken effect under the California regulation, we have 

learned through our experience with the Consumer Product Safety 

Improvement Act that we should be very careful about mandating 

standards based on the aspiring compliance of a whole industry 

segment. H.R. 4805 does not provide the EPA with any discretion 

if one or more of the standards proves technically not feasible to 

meet or if the high cost of compliance with the standard would prevent manufacturers from remaining in business. It does not make 

sense to impose a standard which has not been ‘‘road tested’’ and 

that industry potentially cannot meet. Nor does it make sense to 

set a standard that, while technically feasible to meet, imposes 

costs high enough to drive manufacturers out of business. This is 

especially true here because, as explained above, the standards rest 

on a shaky, overly conservative, scientific foundation. 

Had the four aforementioned issues regarding the bill been resolved more satisfactorily, we would have been more comfortable 

supporting this legislation. 

Moreover, the bill would provide for EPA rulemaking and enforcement of the emissions standards under 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 emission 

standards as well as labeling and testing requirements, the CPSC 

arguably is better situated than EPA to handle this. The CPSC’s 

more extensive experience and 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 to the EPA. 

The majority’s report also suffers from several shortcomings. We 

disagree with the report’s description of the bill and the invitation 


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to EPA to take certain actions even though the bill does not provide any authority for it to do so. We also provide guidance to clarify the meaning of the term ‘‘showing of equivalence’’ that appears 

in several sections of the bill. 

In two places the report states that the EPA has authority to 

change the emission standards from those set forth in the bill. On 

page three the majority states: ‘‘Finally, EPA will be free to make 

further limitations at any time subsequent to the initial rulemaking.’’ On page seven the majority states: ‘‘While these regulations must reflect the emissions standards contained in section 

601(b), EPA is free to make further limitations on emissions at any 

time subsequent to the initial rulemaking.’’ We disagree with the 

majority’s interpretation of the bill. Section (b)(1) provides that 

‘‘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.’’ The bill states that these standards apply to 

the listed products once the EPA promulgates implementing regulations. It does not provide any authority to change the standards 

in a subsequent rulemaking. Assuming, for the sake of argument, 

that the majority’s interpretation is correct and EPA is free to promulgate different standards in the future based on a subsequent 

risk assessment in a new rulemaking, then the EPA could set either a lower or a higher emission standard. In our view, EPA 

would need new authority from Congress before promulgating different emission standards in a subsequent rulemaking. 

Finally, we note that Section 601(b)(3)(B) addresses compliance 

with the emission standards, and provides for the use of certain 

tests to demonstrate compliance only if the results include a ‘‘showing of equivalence’’ as established by EPA through rulemaking. 

Sections 601(a)(7)(A)(ii) and (a)(10)(A)(ii) also include references to 

a ‘‘showing of equivalence.’’ The bill uses the term ‘‘showing of 

equivalence’’ as it is generally understood by professionals with expertise in conducting and evaluating tests used to measure formaldehyde emissions. It does not necessarily entail a showing of 

identical rather than similar results. 

We urge all Members of the House to carefully consider these 

views and urge these changes before providing their support to it. 

JOE BARTON, Ranking Member. 

JOHN SHIMKUS. 

ROBERT E. LATTA. 

MARSHA BLACKBURN. 

JOSEPH R. PITTS. 

LEE TERRY. 

CLIFF STEARNS. 

TIM MURPHY. 

GEORGE RADANOVICH. 

Æ 


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