S. 1660 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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— 
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‘‘(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 ‘mediumdensity fiberboard’ means a panel composed of cellulosic fibers 
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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 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 

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 
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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 
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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 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— 

‘‘(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— 
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‘‘(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— 

‘‘(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; 
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‘‘(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 
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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 
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(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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.