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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1660 Engrossed in Senate (ES)]

111th CONGRESS
  2d Session
                                S. 1660

_______________________________________________________________________

                                 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--
                            ``(i) intended for interior use; and
                            ``(ii) composed of (as determined under the 
                        standard numbered ANSI/HPVA HP-1-2009) an 
                        assembly of layers or plies of veneer, joined 
                        by an adhesive with--
                                    ``(I) lumber core;
                                    ``(II) particleboard core;
                                    ``(III) medium-density fiberboard 
                                core;
                                    ``(IV) hardboard core; or
                                    ``(V) any other special core or 
                                special back material.
                    ``(B) Exclusions.--The term `hardwood plywood' does 
                not include--
                            ``(i) military-specified plywood;
                            ``(ii) curved plywood; or
                            ``(iii) any other product specified in--
                                    ``(I) the standard entitled 
                                `Voluntary Product Standard--Structural 
                                Plywood' and numbered PS 1-07; or
                                    ``(II) the standard entitled 
                                `Voluntary Product Standard--
                                Performance Standard for Wood-Based 
                                Structural-Use Panels' and numbered PS 
                                2-04.
                    ``(C) Laminated products.--
                            ``(i) Rulemaking.--
                                    ``(I) In general.--The 
                                Administrator shall conduct a 
                                rulemaking process pursuant to 
                                subsection (d) that uses all available 
                                and relevant information from State 
                                authorities, industry, and other 
                                available sources of such information, 
                                and analyzes that information to 
                                determine, at the discretion of the 
                                Administrator, whether the definition 
                                of the term `hardwood plywood' should 
                                exempt engineered veneer or any 
                                laminated product.
                                    ``(II) Modification.--The 
                                Administrator may modify any aspect of 
                                the definition contained in clause (ii) 
                                before including that definition in the 
                                regulations promulgated pursuant to 
                                subclause (I).
                            ``(ii) Laminated product.--The term 
                        `laminated product' means a product--
                                    ``(I) in which a wood veneer is 
                                affixed to--
                                            ``(aa) a particleboard 
                                        platform;
                                            ``(bb) a medium-density 
                                        fiberboard platform; or
                                            ``(cc) a veneer-core 
                                        platform; and
                                    ``(II) that is--
                                            ``(aa) a component part;
                                            ``(bb) used in the 
                                        construction or assembly of a 
                                        finished good; and
                                            ``(cc) produced by the 
                                        manufacturer or fabricator of 
                                        the finished good in which the 
                                        product is incorporated.
            ``(4) Manufactured home.--The term `manufactured home' has 
        the meaning given the term in section 3280.2 of title 24, Code 
        of Federal Regulations (as in effect on the date of 
        promulgation of regulations pursuant to subsection (d)).
            ``(5) Medium-density fiberboard.--The term `medium-density 
        fiberboard' means a panel composed of cellulosic fibers made by 
        dry forming and pressing a resinated fiber mat (as determined 
        under the standard numbered ANSI A208.2-2009).
            ``(6) Modular home.--The term `modular home' means a home 
        that is constructed in a factory in 1 or more modules--
                    ``(A) each of which meet applicable State and local 
                building codes of the area in which the home will be 
                located; and
                    ``(B) that are transported to the home building 
                site, installed on foundations, and completed.
            ``(7) No-added formaldehyde-based resin.--
                    ``(A) In general.--(i) The term `no-added 
                formaldehyde-based resin' means a resin formulated with 
                no added formaldehyde as part of the resin cross-
                linking structure in a composite wood product that 
                meets the emission standards in subparagraph (C) as 
                measured by--
                            ``(I) one test conducted pursuant to test 
                        method ASTM E-1333-96 (2002) or, subject to 
                        clause (ii), ASTM D-6007-02; and
                            ``(II) 3 months of routine quality control 
                        tests pursuant to ASTM D-6007-02 or ASTM D-5582 
                        or such other routine quality control test 
                        methods as may be established by the 
                        Administrator through rulemaking.
                    ``(ii) Test results obtained under clause (i)(I) or 
                (II) by any test method other than ASTM E-1333-96 
                (2002) must include a showing of equivalence by means 
                established by the Administrator through rulemaking.
                    ``(B) Inclusions.--The term `no-added formaldehyde-
                based resin' may include any resin made from--
                            ``(i) soy;
                            ``(ii) polyvinyl acetate; or
                            ``(iii) methylene diisocyanate.
                    ``(C) Emission standards.--The following are the 
                emission standards for composite wood products made 
                with no-added formaldehyde-based resins under this 
                paragraph:
                            ``(i) No higher than 0.04 parts per million 
                        of formaldehyde for 90 percent of the 3 months 
                        of routine quality control testing data 
                        required under subparagraph (A)(ii).
                            ``(ii) No test result higher than 0.05 
                        parts per million of formaldehyde for hardwood 
                        plywood and 0.06 parts per million for 
                        particleboard, medium-density fiberboard, and 
                        thin medium-density fiberboard.
            ``(8) Particleboard.--
                    ``(A) In general.--The term `particleboard' means a 
                panel composed of cellulosic material in the form of 
                discrete particles (as distinguished from fibers, 
                flakes, or strands) that are pressed together with 
                resin (as determined under the standard numbered ANSI 
                A208.1-2009).
                    ``(B) Exclusions.--The term `particleboard' does 
                not include any product specified in the standard 
                entitled `Voluntary Product Standard--Performance 
                Standard for Wood-Based Structural-Use Panels' and 
                numbered PS 2-04.
            ``(9) Recreational vehicle.--The term `recreational 
        vehicle' has the meaning given the term in section 3282.8 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 its product 
                        made with ultra low-emitting formaldehyde resin 
                        meets the following emission standards:
                                    ``(I) No higher than 0.04 parts per 
                                million of formaldehyde for 90 percent 
                                of 6 months of routine quality control 
                                testing data required under 
                                subparagraph (A)(ii).
                                    ``(II) No test result higher than 
                                0.05 parts per million of formaldehyde 
                                for hardwood plywood and 0.06 parts per 
                                million for particleboard, medium-
                                density fiberboard, and thin medium-
                                density fiberboard.
    ``(b) Requirement.--
            ``(1) In general.--Except as provided in an applicable 
        sell-through regulation promulgated pursuant to subsection (d), 
        effective beginning on the date that is 180 days after the date 
        of promulgation of those regulations, the emission standards 
        described in paragraph (2), shall apply to hardwood plywood, 
        medium-density fiberboard, and particleboard sold, supplied, 
        offered for sale, or manufactured in the United States.
            ``(2) Emission standards.--The emission standards referred 
        to in paragraph (1), based on test method ASTM E-1333-96 
        (2002), are as follows:
                    ``(A) For hardwood plywood with a veneer core, 0.05 
                parts per million of formaldehyde.
                    ``(B) For hardwood plywood with a composite core--
                            ``(i) 0.08 parts per million of 
                        formaldehyde for any period after the effective 
                        date described in paragraph (1) and before July 
                        1, 2012; and
                            ``(ii) 0.05 parts per million of 
                        formaldehyde, effective on the later of the 
                        effective date described in paragraph (1) or 
                        July 1, 2012.
                    ``(C) For medium-density fiberboard--
                            ``(i) 0.21 parts per million of 
                        formaldehyde for any period after the effective 
                        date described in paragraph (1) and before July 
                        1, 2011; and
                            ``(ii) 0.11 parts per million of 
                        formaldehyde, effective on the later of the 
                        effective date described in paragraph (1) or 
                        July 1, 2011.
                    ``(D) For thin medium-density fiberboard--
                            ``(i) 0.21 parts per million of 
                        formaldehyde for any period after the effective 
                        date described in paragraph (1) and before July 
                        1, 2012; and
                            ``(ii) 0.13 parts per million of 
                        formaldehyde, effective on the later of the 
                        effective date described in paragraph (1) or 
                        July 1, 2012.
                    ``(E) For particleboard--
                            ``(i) 0.18 parts per million of 
                        formaldehyde for any period after the effective 
                        date described in paragraph (1) and before July 
                        1, 2011; and
                            ``(ii) 0.09 parts per million of 
                        formaldehyde, effective on the later of the 
                        effective date described in paragraph (1) or 
                        July 1, 2011.
            ``(3) Compliance with emission standards.--(A) Compliance 
        with the emission standards described in paragraph (2) shall be 
        measured by--
                    ``(i) quarterly tests shall be conducted pursuant 
                to test method ASTM E-1333-96 (2002) or, subject to 
                subparagraph (B), ASTM D-6007-02; and
                    ``(ii) quality control tests shall be conducted 
                pursuant to ASTM D-6007-02, ASTM D-5582, or such other 
                test methods as may be established by the Administrator 
                through rulemaking.
            ``(B) Test results obtained under subparagraph (A)(i) or 
        (ii) by any test method other than ASTM E-1333-96 (2002) must 
        include a showing of equivalence by means established by the 
        Administrator through rulemaking.
            ``(C) Except where otherwise specified, the Administrator 
        shall establish through rulemaking the number and frequency of 
        tests required to demonstrate compliance with the emission 
        standards.
            ``(4) Applicability.--The formaldehyde emission standard 
        referred to in paragraph (1) shall apply regardless of whether 
        an applicable hardwood plywood, medium-density fiberboard, or 
        particleboard is--
                    ``(A) in the form of an unfinished panel; or
                    ``(B) incorporated into a finished good.
    ``(c) Exemptions.--The formaldehyde emission standard referred to 
in subsection (b)(1) shall not apply to--
            ``(1) hardboard;
            ``(2) structural plywood, as specified in the standard 
        entitled `Voluntary Product Standard--Structural Plywood' and 
        numbered PS 1-07;
            ``(3) structural panels, as specified in the standard 
        entitled `Voluntary Product Standard--Performance Standard for 
        Wood-Based Structural-Use Panels' and numbered PS 2-04;
            ``(4) structural composite lumber, as specified in the 
        standard entitled `Standard Specification for Evaluation of 
        Structural Composite Lumber Products' and numbered ASTM D 5456-
        06;
            ``(5) oriented strand board;
            ``(6) glued laminated lumber, as specified in the standard 
        entitled `Structural Glued Laminated Timber' and numbered ANSI 
        A190.1-2002;
            ``(7) prefabricated wood I-joists, as specified in the 
        standard entitled `Standard Specification for Establishing and 
        Monitoring Structural Capacities of Prefabricated Wood I-
        Joists' and numbered ASTM D 5055-05;
            ``(8) finger-jointed lumber;
            ``(9) wood packaging (including pallets, crates, spools, 
        and dunnage);
            ``(10) composite wood products used inside a new--
                    ``(A) vehicle (other than a recreational vehicle) 
                constructed entirely from new parts that has never 
                been--
                            ``(i) the subject of a retail sale; or
                            ``(ii) registered with the appropriate 
                        State agency or authority responsible for motor 
                        vehicles or with any foreign state, province, 
                        or country;
                    ``(B) rail car;
                    ``(C) boat;
                    ``(D) aerospace craft; or
                    ``(E) aircraft;
            ``(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 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
            (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.

            Passed the Senate June 14, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                S. 1660

_______________________________________________________________________

                                 AN ACT

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