II 

Calendar No. 352 

111TH CONGRESS 

2D SESSION S. 1660 

[Report No. 111–169] 

To amend the Toxic Substances Control Act to reduce the emissions of 

formaldehyde from composite wood products, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2009 

Ms. KLOBUCHAR (for herself, Mr. CRAPO, Mr. RISCH, Mr. GREGG, Ms. 

LANDRIEU, Ms. MURKOWSKI, Mr. TESTER, Mrs. SHAHEEN, Mr. 

ISAKSON, Mr. VITTER, Mrs. FEINSTEIN, Mr. BEGICH, Mr. COCHRAN, Mr. 

BAYH, Mr. BROWNBACK, Mr. ALEXANDER, Mr. CORKER, Mr. 

LIEBERMAN, Mr. DURBIN, and Mrs. BOXER) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

APRIL 19, 2010 

Reported by Mr. REID (for Mrs. BOXER), with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To amend the Toxic Substances Control Act to reduce the 

emissions of formaldehyde from composite wood products, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Formaldehyde Stand3 ards for Composite Wood Products Act’’. 

4 SEC. 2. FORMALDEHYDE STANDARDS FOR COMPOSITE 

5 WOOD PRODUCTS. 

6 (a) AMENDMENT.—The Toxic Substances Control 

7 Act (15 U.S.C. 2601 et seq.) is amended by adding at 

8 the end the following: 

9 ‘‘TITLE VI—FORMALDEHYDE 

10 STANDARDS FOR COMPOSITE 

11 WOOD PRODUCTS 

12 ‘‘SEC. 601. FORMALDEHYDE STANDARDS. 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) FINISHED GOOD.— 

15 ‘‘(A) IN GENERAL.—The term ‘finished 

16 good’ means any good or product (other than a 

17 panel) containing— 

18 ‘‘(i) hardwood plywood; 

19 ‘‘(ii) particleboard; or 

20 ‘‘(iii) medium-density fiberboard. 

21 ‘‘(B) INCLUSIONS.—The term ‘finished 

22 good’ includes— 

23 ‘‘(i) manufactured housing; and 

24 ‘‘(ii) recreational vehicles. 

25 ‘‘(C) EXCLUSIONS.—The term ‘finished 

26 good’ does not include— 


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1 ‘‘(i) any component part or other part 

2 used in the assembly of a finished good; or 

3 ‘‘(ii) any finished good that has pre4 viously been sold or supplied to an indi5 vidual or entity that purchased or acquired 

6 the finished good in good faith for pur7 poses other than resale, such as— 

8 ‘‘(I) an antique; or 

9 ‘‘(II) secondhand furniture. 

10 ‘‘(2) HARDWOOD PLYWOOD.— 

11 ‘‘(A) IN GENERAL.—The term ‘hardwood 

12 plywood’ means a hardwood or decorative panel 

13 that is— 

14 ‘‘(i) intended for interior use; and 

15 ‘‘(ii) composed of (as determined 

16 under the standard numbered ANSI/ 

17 HPVA HP–1–2004 (or a successor stand18 ard)) an assembly of layers or plies of ve19 neer, joined by an adhesive with— 

20 ‘‘(I) lumber core; 

21 ‘‘(II) particleboard core; 

22 ‘‘(III) medium-density fiberboard 

23 core; 

24 ‘‘(IV) hardboard core; or 


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1 ‘‘(V) any other special core or 

2 special back material. 

3 ‘‘(B) EXCLUSIONS.—The term ‘hardwood 

4 plywood’ does not include— 

5 ‘‘(i) a laminated product; 

6 ‘‘(ii) military-specified plywood; 

7 ‘‘(iii) curved plywood; or 

8 ‘‘(iv) any other product specified in— 

9 ‘‘(I) the standard entitled ‘Vol10 untary Product Standard–Structural 

11 Plywood’ and numbered PS 1–07 (or 

12 a successor standard); or 

13 ‘‘(II) the standard entitled ‘Vol14 untary Product Standard–Perform15 ance Standard for Wood-Based Struc16 tural-Use Panels’ and numbered PS 

17 2–04 (or a successor standard). 

18 ‘‘(3) LAMINATED PRODUCT.—The term ‘lami19 nated product’ means a product— 

20 ‘‘(A) in which a wood veneer is affixed 

21 to— 

22 ‘‘(i) a particleboard platform; 

23 ‘‘(ii) a medium-density fiberboard 

24 platform; or 

25 ‘‘(iii) a veneer-core platform; and 


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1 ‘‘(B) that is— 

2 ‘‘(i) a component part; 

3 ‘‘(ii) used in the construction or as4 sembly of a finished good; and 

5 ‘‘(iii) produced by the manufacturer 

6 or fabricator of the finished good in which 

7 the product is incorporated. 

8 ‘‘(4) MEDIUM-DENSITY FIBERBOARD.—The 

9 term ‘medium-density fiberboard’ means a panel 

10 composed of cellulosic fibers made by dry forming 

11 and pressing a resinated fiber mat (as determined 

12 under the standard numbered ANSI A208.2–2009 

13 (or a successor standard)). 

14 ‘‘(5) NO-ADDED FORMALDEHYDE-BASED

15 RESIN.— 

16 ‘‘(A) IN GENERAL.—The term ‘no-added 

17 formaldehyde-based resin’ means a resin formu18 lated with no added formaldehyde as part of the 

19 resin cross-linking structure that meets the per20 formance standard contained in section 

21 93120.3(c) of title 17, California Code of Regu22 lations (as in effect on July 28, 2009). 

23 ‘‘(B) INCLUSIONS.—The term ‘no-added 

24 formaldehyde-based resin’ may include any 

25 resin made from— 


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1 ‘‘(i) soy; 

2 ‘‘(ii) polyvinyl acetate; or 

3 ‘‘(iii) methylene diisocyanate. 

4 ‘‘(6) PARTICLEBOARD.— 

5 ‘‘(A) IN GENERAL.—The term 

6 ‘particleboard’ means a panel composed of cel7 lulosic material in the form of discrete particles 

8 (as distinguished from fibers, flakes, or 

9 strands) that are pressed together with resin 

10 (as determined under the standard numbered 

11 ANSI A208.1–2009 (or a successor standard)). 

12 ‘‘(B) EXCLUSIONS.—The term 

13 ‘particleboard’ does not include any product 

14 specified in the standard entitled ‘Voluntary 

15 Product Standard–Performance Standard for 

16 Wood-Based Structural-Use Panels’ and num17 bered PS 2–04 (or a successor standard). 

18 ‘‘(7) ULTRA LOW-EMITTING FORMALDEHYDE

19 RESIN.— 

20 ‘‘(A) IN GENERAL.—The term ‘ultra low21 emitting formaldehyde resin’ means a resin for22 mulated using a process the average formalde23 hyde emissions of which are consistently below 

24 the phase 2 emission standards contained in the 

25 airborne toxic control measure for composite 


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1 wood products described in section 93120.3(d) 

2 of title 17, California Code of Regulations (as 

3 in effect on July 28, 2009). 

4 ‘‘(B) INCLUSIONS.—The term ‘ultra low5 emitting formaldehyde resin’ may include— 

6 ‘‘(i) melamine-urea-formaldehyde 

7 resin; 

8 ‘‘(ii) phenol formaldehyde resin; and 

9 ‘‘(iii) resorcinol formaldehyde resin. 

10 ‘‘(b) REQUIREMENT.— 

11 ‘‘(1) IN GENERAL.—Except as provided in sub12 section (d), effective beginning on the date that is 

13 180 days after the date of enactment of this section, 

14 the formaldehyde emission standard contained in 

15 table 1 of section 93120.2(a) of title 17, California 

16 Code of Regulations (relating to an airborne toxic 

17 control measure to reduce formaldehyde emissions 

18 from composite wood products) (as in effect on July 

19 28, 2009), shall apply to hardwood plywood, me20 dium-density fiberboard, and particleboard sold, sup21 plied, offered for sale, or manufactured in the 

22 United States. 

23 ‘‘(2) APPLICABILITY.—The formaldehyde emis24 sion standard referred to in paragraph (1) shall 

25 apply regardless of whether an applicable hardwood 


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1 plywood, medium-density fiberboard, or 

2 particleboard is— 

3 ‘‘(A) in the form of an unfinished panel; or 

4 ‘‘(B) incorporated into a finished good. 

5 ‘‘(c) EXEMPTIONS.—The formaldehyde emission 

6 standard referred to in subsection (b)(1) shall not apply 

7 to— 

8 ‘‘(1) hardboard; 

9 ‘‘(2) structural plywood, as specified in the 

10 standard entitled ‘Voluntary Product Standard– 

11 Structural Plywood’ and numbered PS 1–07 (or a 

12 successor standard); 

13 ‘‘(3) structural panels, as specified in the stand14 ard entitled ‘Voluntary Product Standard–Perform15 ance Standard for Wood-Based Structural-Use Pan16 els’ and numbered PS 2–04 (or a successor stand17 ard); 

18 ‘‘(4) structural composite lumber, as specified 

19 in the standard entitled ‘Standard Specification for 

20 Evaluation of Structural Composite Lumber Prod21 ucts’ and numbered ASTM D 5456–06 (or a suc22 cessor standard); 

23 ‘‘(5) oriented strand board; 

24 ‘‘(6) glued laminated lumber, as specified in the 

25 standard entitled ‘Structural Glued Laminated TimVerDate Nov 24 2008 23:48 Apr 19, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S1660.RS S1660

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1 ber’ and numbered ANSI A190.1–2002 (or a suc2 cessor standard); 

3 ‘‘(7) prefabricated wood I-joists, as specified in 

4 the standard entitled ‘Standard Specification for Es5 tablishing and Monitoring Structural Capacities of 

6 Prefabricated Wood I-Joists’ and numbered ASTM 

7 D 5055–05 (or a successor standard); 

8 ‘‘(8) finger-jointed lumber; 

9 ‘‘(9) wood packaging (including pallets, crates, 

10 spools, and dunnage); or 

11 ‘‘(10) composite wood products used inside new 

12 vehicles (as defined in section 430 of the California 

13 Vehicle Code) (excluding recreational vehicles), rail 

14 cars, boats, aerospace craft, or aircraft. 

15 ‘‘(d) REGULATIONS.— 

16 ‘‘(1) IN GENERAL.—Not later than January 1, 

17 2011, the Administrator shall promulgate regula18 tions to implement the formaldehyde emission stand19 ard required under subsection (b) in a manner that 

20 ensures that compliance with the standard is equiva21 lent to compliance with the standard contained in 

22 table 1 of section 93120.2(a) of title 17, California 

23 Code of Regulations (as in effect on July 28, 2009). 


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1 ‘‘(2) INCLUSIONS.—The regulations promul2 gated pursuant to paragraph (1) shall include provi3 sions relating to— 

4 ‘‘(A) labeling; 

5 ‘‘(B) chain of custody requirements; 

6 ‘‘(C) sell-through provisions; 

7 ‘‘(D) ultra low-emitting formaldehyde res8 ins; 

9 ‘‘(E) no-added formaldehyde-based resins; 

10 ‘‘(F) finished goods; 

11 ‘‘(G) third-party testing and certification; 

12 ‘‘(H) auditing and reporting of third-party 

13 certifiers; 

14 ‘‘(I) recordkeeping; and 

15 ‘‘(J) enforcement. 

16 ‘‘(3) IMPORT REGULATIONS.—Not later than 

17 July 1, 2011, the Administrator, in coordination 

18 with the Commissioner of Customs and Border Pro19 tection and other appropriate Federal departments 

20 and agencies, shall revise regulations promulgated 

21 pursuant to section 13 as the Administrator deter22 mines to be necessary to ensure compliance with this 

23 section. 

24 ‘‘(4) MODIFICATION OF STANDARDS.—The Ad25 ministrator may modify, by regulation, any reference 


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1 to an industry standard contained in this subsection 

2 if the standard is subsequently updated. 

3 ‘‘(e) PROHIBITED ACTS.—An individual or entity 

4 that violates any requirement under this section (including 

5 any regulation promulgated pursuant to subsection (d)) 

6 shall be considered to have committed a prohibited act 

7 under section 15.’’. 

8 (b) CONFORMING AMENDMENT.—The table of con9 tents of the Toxic Substances Control Act (15 U.S.C. prec. 

10 2601) is amended by adding at the end the following: 

‘‘TITLE VI—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD 

PRODUCTS 

‘‘Sec. 601. Formaldehyde standards.’’. 

11 SEC. 3. REPORTS TO CONGRESS. 

12 Not later than December 31, 2010, and annually 

13 thereafter through December 31, 2014, the Administrator 

14 of the Environmental Protection Agency shall submit to 

15 the Committee on Environment and Public Works of the 

16 Senate and the Committee on Energy and Commerce of 

17 the House of Representatives a report describing, with re18 spect to the preceding calendar year— 

19 (1) the status of the measures carried out or 

20 planned to be carried out pursuant to title VI of the 

21 Toxic Substances Control Act; and 


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1 (2) the extent to which relevant industries have 

2 achieved compliance with the requirements under 

3 that title. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘Formaldehyde Stand6 ards for Composite Wood Products Act’’. 

7 SEC. 2. FORMALDEHYDE STANDARDS FOR COMPOSITE 

8 WOOD PRODUCTS. 

9 (a) AMENDMENT.—The Toxic Substances Control Act 

10 (15 U.S.C. 2601 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘TITLE VI—FORMALDEHYDE 

13 STANDARDS FOR COMPOSITE 

14 WOOD PRODUCTS 

15 ‘‘SEC. 601. FORMALDEHYDE STANDARDS. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) FINISHED GOOD.— 

18 ‘‘(A) IN GENERAL.—The term ‘finished 

19 good’ means any good or product (other than a 

20 panel) containing— 

21 ‘‘(i) hardwood plywood; 

22 ‘‘(ii) particleboard; or 

23 ‘‘(iii) medium-density fiberboard. 

24 ‘‘(B) EXCLUSIONS.—The term ‘finished 

25 good’ does not include— 


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1 ‘‘(i) any component part or other part 

2 used in the assembly of a finished good; or 

3 ‘‘(ii) any finished good that has pre4 viously been sold or supplied to an indi5 vidual or entity that purchased or acquired 

6 the finished good in good faith for purposes 

7 other than resale, such as— 

8 ‘‘(I) an antique; or 

9 ‘‘(II) secondhand furniture. 

10 ‘‘(2) HARDBOARD.—The term ‘hardboard’ means 

11 a composite panel composed of cellulosic fibers manu12 factured with a wet process using— 

13 ‘‘(A) no resins; or 

14 ‘‘(B) resins that have no added formalde15 hyde. 

16 ‘‘(3) HARDWOOD PLYWOOD.— 

17 ‘‘(A) IN GENERAL.—The term ‘hardwood 

18 plywood’ means a hardwood or decorative panel 

19 that is— 

20 ‘‘(i) intended for interior use; and 

21 ‘‘(ii) composed of (as determined under 

22 the standard numbered ANSI/HPVA HP– 

23 1–2004 (or a successor standard)) an as24 sembly of layers or plies of veneer, joined by 

25 an adhesive with— 


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1 ‘‘(I) lumber core; 

2 ‘‘(II) particleboard core; 

3 ‘‘(III) medium-density fiberboard 

4 core; 

5 ‘‘(IV) hardboard core; or 

6 ‘‘(V) any other special core or spe7 cial back material. 

8 ‘‘(B) EXCLUSIONS.—The term ‘hardwood 

9 plywood’ does not include— 

10 ‘‘(i) military-specified plywood; 

11 ‘‘(ii) curved plywood; or 

12 ‘‘(iii) any other product specified in— 

13 ‘‘(I) the standard entitled ‘Vol14 untary Product Standard–Structural 

15 Plywood’ and numbered PS 1–07 (or a 

16 successor standard); or 

17 ‘‘(II) the standard entitled ‘Vol18 untary Product Standard–Performance 

19 Standard for Wood-Based Structural20 Use Panels’ and numbered PS 2–04 

21 (or a successor standard). 

22 ‘‘(C) LAMINATED PRODUCTS.— 

23 ‘‘(i) IN GENERAL.—The Administrator 

24 shall conduct a rulemaking process pursu25 ant to subsection (d) that uses all available 


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1 and relevant information from State au2 thorities (including the California Air Re3 sources Board), industry, and other avail4 able sources of such information, and ana5 lyzes such information to determine, at the 

6 discretion of the Administrator, whether the 

7 definition of hardwood plywood should ex8 empt any laminated product. The Adminis9 trator may also modify any aspect of the 

10 definition contained in clause (ii) before in11 cluding it in such regulations. 

12 ‘‘(ii) LAMINATED PRODUCT.—The term 

13 ‘laminated product’ means a product— 

14 ‘‘(I) in which a wood veneer is af15 fixed to— 

16 ‘‘(aa) a particleboard plat17 form; 

18 ‘‘(bb) a medium-density fi19 berboard platform; or 

20 ‘‘(cc) a veneer-core platform; 

21 and 

22 ‘‘(II) that is— 

23 ‘‘(aa) a component part; 


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1 ‘‘(bb) used in the construc2 tion or assembly of a finished 

3 good; and 

4 ‘‘(cc) produced by the manu5 facturer or fabricator of the fin6 ished good in which the product is 

7 incorporated. 

8 ‘‘(4) MEDIUM-DENSITY FIBERBOARD.—The term 

9 ‘medium-density fiberboard’ means a panel composed 

10 of cellulosic fibers made by dry forming and pressing 

11 a resinated fiber mat (as determined under the stand12 ard numbered ANSI A208.2–2009 (or a successor 

13 standard)). 

14 ‘‘(5) NO-ADDED FORMALDEHYDE-BASED

15 RESIN.— 

16 ‘‘(A) IN GENERAL.—The term ‘no-added 

17 formaldehyde-based resin’ means a resin formu18 lated with no added formaldehyde as part of the 

19 resin cross-linking structure that meets the per20 formance standard contained in section 

21 93120.3(c) of title 17, California Code of Regula22 tions (as in effect on July 28, 2009). 

23 ‘‘(B) INCLUSIONS.—The term ‘no-added 

24 formaldehyde-based resin’ may include any resin 

25 made from— 


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1 ‘‘(i) soy; 

2 ‘‘(ii) polyvinyl acetate; or 

3 ‘‘(iii) methylene diisocyanate. 

4 ‘‘(6) PARTICLEBOARD.— 

5 ‘‘(A) IN GENERAL.—The term 

6 ‘particleboard’ means a panel composed of cellu7 losic material in the form of discrete particles 

8 (as distinguished from fibers, flakes, or strands) 

9 that are pressed together with resin (as deter10 mined under the standard numbered ANSI 

11 A208.1–2009 (or a successor standard)). 

12 ‘‘(B) EXCLUSIONS.—The term 

13 ‘particleboard’ does not include any product 

14 specified in the standard entitled ‘Voluntary 

15 Product Standard–Performance Standard for 

16 Wood-Based Structural-Use Panels’ and num17 bered PS 2–04 (or a successor standard). 

18 ‘‘(7) ULTRA LOW-EMITTING FORMALDEHYDE

19 RESIN.— 

20 ‘‘(A) IN GENERAL.—The term ‘ultra low21 emitting formaldehyde resin’ means a resin for22 mulated using a process the average formalde23 hyde emissions of which are consistently below 

24 the phase 2 emission standards contained in the 

25 airborne toxic control measure for composite 


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1 wood products described in section 93120.3(d) of 

2 title 17, California Code of Regulations (as in ef3 fect on July 28, 2009). 

4 ‘‘(B) INCLUSIONS.—The term ‘ultra low5 emitting formaldehyde resin’ may include— 

6 ‘‘(i) melamine-urea-formaldehyde 

7 resin; 

8 ‘‘(ii) phenol formaldehyde resin; and 

9 ‘‘(iii) resorcinol formaldehyde resin. 

10 ‘‘(b) REQUIREMENT.— 

11 ‘‘(1) IN GENERAL.—Except as provided in an 

12 applicable sell-through regulation promulgated pursu13 ant to subsection (d), effective beginning on the date 

14 that is 180 days after the date of promulgation of 

15 those regulations, the formaldehyde emission standard 

16 contained in table 1 of section 93120.2(a) of title 17, 

17 California Code of Regulations (relating to an air18 borne toxic control measure to reduce formaldehyde 

19 emissions from composite wood products) (as in effect 

20 on July 28, 2009), shall apply to hardwood plywood, 

21 medium-density fiberboard, and particleboard sold, 

22 supplied, offered for sale, or manufactured in the 

23 United States. 

24 ‘‘(2) APPLICABILITY.—The formaldehyde emis25 sion standard referred to in paragraph (1) shall 


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1 apply regardless of whether an applicable hardwood 

2 plywood, medium-density fiberboard, or particleboard 

3 is— 

4 ‘‘(A) in the form of an unfinished panel; or 

5 ‘‘(B) incorporated into a finished good. 

6 ‘‘(c) EXEMPTIONS.—The formaldehyde emission stand7 ard referred to in subsection (b)(1) shall not apply to— 

8 ‘‘(1) hardboard; 

9 ‘‘(2) structural plywood, as specified in the 

10 standard entitled ‘Voluntary Product Standard– 

11 Structural Plywood’ and numbered PS 1–07 (or a 

12 successor standard); 

13 ‘‘(3) structural panels, as specified in the stand14 ard entitled ‘Voluntary Product Standard–Perform15 ance Standard for Wood-Based Structural-Use Pan16 els’ and numbered PS 2–04 (or a successor standard); 

17 ‘‘(4) structural composite lumber, as specified in 

18 the standard entitled ‘Standard Specification for 

19 Evaluation of Structural Composite Lumber Prod20 ucts’ and numbered ASTM D 5456–06 (or a successor 

21 standard); 

22 ‘‘(5) oriented strand board; 

23 ‘‘(6) glued laminated lumber, as specified in the 

24 standard entitled ‘Structural Glued Laminated TimVerDate Nov 24 2008 23:48 Apr 19, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\S1660.RS S1660

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1 ber’ and numbered ANSI A190.1–2002 (or a successor 

2 standard); 

3 ‘‘(7) prefabricated wood I-joists, as specified in 

4 the standard entitled ‘Standard Specification for Es5 tablishing and Monitoring Structural Capacities of 

6 Prefabricated Wood I-Joists’ and numbered ASTM D 

7 5055–05 (or a successor standard); 

8 ‘‘(8) finger-jointed lumber; 

9 ‘‘(9) wood packaging (including pallets, crates, 

10 spools, and dunnage); or 

11 ‘‘(10) composite wood products used inside new 

12 vehicles (as defined in section 430 of the California 

13 Vehicle Code) (excluding recreational vehicles), rail 

14 cars, boats, aerospace craft, or aircraft. 

15 ‘‘(d) REGULATIONS.— 

16 ‘‘(1) IN GENERAL.—Not later than July 1, 2012, 

17 the Administrator shall promulgate regulations to im18 plement the formaldehyde emission standard required 

19 under subsection (b) in a manner that ensures that 

20 compliance with the standard is equivalent to compli21 ance with the standard contained in table 1 of section 

22 93120.2(a) of title 17, California Code of Regulations 

23 (as in effect on July 28, 2009). 


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1 ‘‘(2) INCLUSIONS.—The regulations promulgated 

2 pursuant to paragraph (1) shall include provisions 

3 relating to— 

4 ‘‘(A) labeling; 

5 ‘‘(B) chain of custody requirements; 

6 ‘‘(C) sell-through provisions; 

7 ‘‘(D) ultra low-emitting formaldehyde res8 ins; 

9 ‘‘(E) no-added formaldehyde-based resins; 

10 ‘‘(F) finished goods; 

11 ‘‘(G) third-party testing and certification; 

12 ‘‘(H) auditing and reporting of third-party 

13 certifiers; 

14 ‘‘(I) recordkeeping; 

15 ‘‘(J) enforcement; and 

16 ‘‘(K) laminated products. 

17 ‘‘(3) IMPORT REGULATIONS.—Not later than 

18 July 1, 2012, the Administrator, in coordination with 

19 the Commissioner of Customs and Border Protection 

20 and other appropriate Federal departments and agen21 cies, shall revise regulations promulgated pursuant to 

22 section 13 as the Administrator determines to be nec23 essary to ensure compliance with this section. 

24 ‘‘(4) MODIFICATION OF STANDARDS.—The Ad25 ministrator may modify, by regulation, any reference 


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1 to an industry standard contained in this subsection 

2 if the standard is subsequently updated. 

3 ‘‘(e) PROHIBITED ACTS.—An individual or entity that 

4 violates any requirement under this section (including any 

5 regulation promulgated pursuant to subsection (d)) shall be 

6 considered to have committed a prohibited act under section 

7 15.’’. 

8 (b) CONFORMING AMENDMENT.—The table of contents 

9 of the Toxic Substances Control Act (15 U.S.C. prec. 2601) 

10 is amended by adding at the end the following: 

‘‘TITLE VI—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD 

PRODUCTS 

‘‘Sec. 601. Formaldehyde standards.’’. 

11 SEC. 3. REPORTS TO CONGRESS. 

12 Not later than December 31, 2010, and annually there13 after through December 31, 2014, the Administrator of the 

14 Environmental Protection Agency shall submit to the Com15 mittee on Environment and Public Works of the Senate and 

16 the Committee on Energy and Commerce of the House of 

17 Representatives a report describing, with respect to the pre18 ceding calendar year— 

19 (1) the status of the measures carried out or 

20 planned to be carried out pursuant to title VI of the 

21 Toxic Substances Control Act; and 


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1 (2) the extent to which relevant industries have 

2 achieved compliance with the requirements under that 

3 title. 

4 SEC. 4. MODIFICATION OF REGULATION. 

5 Not later than 180 days after the date on which the 

6 Administrator of the Environmental Protection Agency 

7 promulgates regulations under section 601(d)(1) of the 

8 Toxic Substances Control Act (as added by section 2(a)), 

9 the Secretary of Housing and Urban Development shall up10 date the regulation contained in section 3280.308 of title 

11 24, Code of Federal Regulations (as in effect on the date 

12 of enactment of this Act), to ensure that the regulation re13 flects the standards established by section 601 of the Toxic 

14 Substances Control Act (as so added). 


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Calendar No. 352 

111TH CONGRESS 

2D SESSION S. 1660 

[Report No. 111–169] 

A BILL 

To amend the Toxic Substances Control Act to reposite wood products, and for other purposes. duce the emissions of formaldehyde from comAPRIL 19, 2010 

Reported with an amendment 


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