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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

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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) EXCLUSIONS.—The term ‘finished 

22 good’ does not include— 

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

24 used in the assembly of a finished good; or 

25 ‘‘(ii) any finished good that has pre26 viously been sold or supplied to an indi-
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1 vidual or entity that purchased or acquired 

2 the finished good in good faith for pur3 poses other than resale, such as— 

4 ‘‘(I) an antique; or 

5 ‘‘(II) secondhand furniture. 

6 ‘‘(2) HARDBOARD.—The term ‘hardboard’ has 

7 such meaning as the Administrator shall establish, 

8 by regulation, pursuant to subsection (d). 

9 ‘‘(3) HARDWOOD PLYWOOD.— 

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

11 plywood’ means a hardwood or decorative panel 

12 that is— 

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

14 ‘‘(ii) composed of (as determined 

15 under the standard numbered ANSI/ 

16 HPVA HP–1–2009) an assembly of layers 

17 or plies of veneer, joined by an adhesive 

18 with— 

19 ‘‘(I) lumber core; 

20 ‘‘(II) particleboard core; 

21 ‘‘(III) medium-density fiberboard 

22 core; 

23 ‘‘(IV) hardboard core; or 

24 ‘‘(V) any other special core or 

25 special back material. 
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1 ‘‘(B) EXCLUSIONS.—The term ‘hardwood 

2 plywood’ does not include— 

3 ‘‘(i) military-specified plywood; 

4 ‘‘(ii) curved plywood; or 

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

6 ‘‘(I) the standard entitled ‘Vol7 untary Product Standard—Structural 

8 Plywood’ and numbered PS 1–07; or 

9 ‘‘(II) the standard entitled ‘Vol10 untary Product Standard—Perform11 ance Standard for Wood-Based Struc12 tural-Use Panels’ and numbered PS 

13 2–04. 

14 ‘‘(C) LAMINATED PRODUCTS.— 

15 ‘‘(i) RULEMAKING.— 

16 ‘‘(I) IN GENERAL.—The Admin17 istrator shall conduct a rulemaking 

18 process pursuant to subsection (d) 

19 that uses all available and relevant in20 formation from State authorities, in21 dustry, and other available sources of 

22 such information, and analyzes that 

23 information to determine, at the dis24 cretion of the Administrator, whether 

25 the definition of the term ‘hardwood 
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1 plywood’ should exempt engineered ve2 neer or any laminated product. 

3 ‘‘(II) MODIFICATION.—The Ad4 ministrator may modify any aspect of 

5 the definition contained in clause (ii) 

6 before including that definition in the 

7 regulations promulgated pursuant to 

8 subclause (I). 

9 ‘‘(ii) LAMINATED PRODUCT.—The 

10 term ‘laminated product’ means a prod11 uct— 

12 ‘‘(I) in which a wood veneer is af13 fixed to— 

14 ‘‘(aa) a particleboard plat15 form; 

16 ‘‘(bb) a medium-density fi17 berboard platform; or 

18 ‘‘(cc) a veneer-core platform; 

19 and 

20 ‘‘(II) that is— 

21 ‘‘(aa) a component part; 

22 ‘‘(bb) used in the construc23 tion or assembly of a finished 

24 good; and 
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1 ‘‘(cc) produced by the manu2 facturer or fabricator of the fin3 ished good in which the product 

4 is incorporated. 

5 ‘‘(4) MANUFACTURED HOME.—The term ‘man6 ufactured home’ has the meaning given the term in 

7 section 3280.2 of title 24, Code of Federal Regula8 tions (as in effect on the date of promulgation of 

9 regulations pursuant to subsection (d)). 

10 ‘‘(5) MEDIUM-DENSITY FIBERBOARD.—The 

11 term ‘medium-density fiberboard’ means a panel 

12 composed of cellulosic fibers made by dry forming 

13 and pressing a resinated fiber mat (as determined 

14 under the standard numbered ANSI A208.2–2009). 

15 ‘‘(6) MODULAR HOME.—The term ‘modular 

16 home’ means a home that is constructed in a factory 

17 in 1 or more modules— 

18 ‘‘(A) each of which meet applicable State 

19 and local building codes of the area in which 

20 the home will be located; and 

21 ‘‘(B) that are transported to the home 

22 building site, installed on foundations, and com23 pleted. 

24 ‘‘(7) NO-ADDED FORMALDEHYDE-BASED

25 RESIN.— 
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1 ‘‘(A) IN GENERAL.—(i) The term ‘no2 added formaldehyde-based resin’ means a resin 

3 formulated with no added formaldehyde as part 

4 of the resin cross-linking structure in a com5 posite wood product that meets the emission 

6 standards in subparagraph (C) as measured 

7 by— 

8 ‘‘(I) one test conducted pursuant to 

9 test method ASTM E–1333–96 (2002) or, 

10 subject to clause (ii), ASTM D–6007–02; 

11 and 

12 ‘‘(II) 3 months of routine quality con13 trol tests pursuant to ASTM D–6007–02 

14 or ASTM D–5582 or such other routine 

15 quality control test methods as may be es16 tablished by the Administrator through 

17 rulemaking. 

18 ‘‘(ii) Test results obtained under clause 

19 (i)(I) or (II) by any test method other than 

20 ASTM E–1333–96 (2002) must include a 

21 showing of equivalence by means established by 

22 the Administrator through rulemaking. 

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 ‘‘(C) EMISSION STANDARDS.—The fol5 lowing are the emission standards for composite 

6 wood products made with no-added formalde7 hyde-based resins under this paragraph: 

8 ‘‘(i) No higher than 0.04 parts per 

9 million of formaldehyde for 90 percent of 

10 the 3 months of routine quality control 

11 testing data required under subparagraph 

12 (A)(ii). 

13 ‘‘(ii) No test result higher than 0.05 

14 parts per million of formaldehyde for hard15 wood plywood and 0.06 parts per million 

16 for particleboard, medium-density fiber17 board, and thin medium-density fiber18 board. 

19 ‘‘(8) PARTICLEBOARD.— 

20 ‘‘(A) IN GENERAL.—The term 

21 ‘particleboard’ means a panel composed of cel22 lulosic material in the form of discrete particles 

23 (as distinguished from fibers, flakes, or 

24 strands) that are pressed together with resin 
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1 (as determined under the standard numbered 

2 ANSI A208.1–2009). 

3 ‘‘(B) EXCLUSIONS.—The term 

4 ‘particleboard’ does not include any product 

5 specified in the standard entitled ‘Voluntary 

6 Product Standard—Performance Standard for 

7 Wood-Based Structural-Use Panels’ and num8 bered PS 2–04. 

9 ‘‘(9) RECREATIONAL VEHICLE.—The term ‘rec10 reational vehicle’ has the meaning given the term in 

11 section 3282.8 of title 24, Code of Federal Regula12 tions (as in effect on the date of promulgation of 

13 regulations pursuant to subsection (d)). 

14 ‘‘(10) ULTRA LOW-EMITTING FORMALDEHYDE

15 RESIN.— 

16 ‘‘(A) IN GENERAL.—(i) The term ‘ultra 

17 low-emitting formaldehyde resin’ means a resin 

18 in a composite wood product that meets the 

19 emission standards in subparagraph (C) as 

20 measured by— 

21 ‘‘(I) 2 quarterly tests conducted pur22 suant to test method ASTM E–1333–96 

23 (2002) or, subject to clause (ii), ASTM D– 

24 6007–02; and 
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1 ‘‘(II) 6 months of routine quality con2 trol tests pursuant to ASTM D–6007–02 

3 or ASTM D–5582 or such other routine 

4 quality control test methods as may be es5 tablished by the Administrator through 

6 rulemaking. 

7 ‘‘(ii) Test results obtained under clause 

8 (i)(I) or (II) by any test method other than 

9 ASTM E–1333–96 (2002) must include a 

10 showing of equivalence by means established by 

11 the Administrator through rulemaking. 

12 ‘‘(B) INCLUSIONS.—The term ‘ultra low13 emitting formaldehyde resin’ may include— 

14 ‘‘(i) melamine-urea-formaldehyde 

15 resin; 

16 ‘‘(ii) phenol formaldehyde resin; and 

17 ‘‘(iii) resorcinol formaldehyde resin. 

18 ‘‘(C) EMISSION STANDARDS.— 

19 ‘‘(i) The Administrator may, pursuant 

20 to regulations issued under subsection (d), 

21 reduce the testing requirements for a man22 ufacturer only if its product made with 

23 ultra low-emitting formaldehyde resin 

24 meets the following emission standards: 
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1 ‘‘(I) For hardwood plywood, no 

2 higher than 0.05 parts per million of 

3 formaldehyde. 

4 ‘‘(II) For medium-density fiber5 board— 

6 ‘‘(aa) no higher than 0.06 

7 parts per million of formaldehyde 

8 for 90 percent of 6 months of 

9 routine quality control testing 

10 data required under subpara11 graph (A)(ii); and 

12 ‘‘(bb) no test result higher 

13 than 0.09 parts per million of 

14 formaldehyde. 

15 ‘‘(III) For particleboard— 

16 ‘‘(aa) no higher than 0.05 

17 parts per million of formaldehyde 

18 for 90 percent of 6 months of 

19 routine quality control testing 

20 data required under subpara21 graph (A)(ii); and 

22 ‘‘(bb) no test result higher 

23 than 0.08 parts per million of 

24 formaldehyde. 
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1 ‘‘(IV) For thin medium-density 

2 fiberboard— 

3 ‘‘(aa) no higher than 0.08 

4 parts per million of formaldehyde 

5 for 90 percent of 6 months of 

6 routine quality control testing 

7 data required under subpara8 graph (A)(ii); and 

9 ‘‘(bb) no test result higher 

10 than 0.11 parts per million of 

11 formaldehyde. 

12 ‘‘(ii) The Administrator may not, pur13 suant to regulations issued under sub14 section (d), exempt a manufacturer from 

15 third party certification requirements un16 less its product made with ultra low-emit17 ting formaldehyde resin meets the fol18 lowing emission standards: 

19 ‘‘(I) No higher than 0.04 parts 

20 per million of formaldehyde for 90 

21 percent of 6 months of routine quality 

22 control testing data required under 

23 subparagraph (A)(ii). 

24 ‘‘(II) No test result higher than 

25 0.05 parts per million of formaldehyde 
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1 for hardwood plywood and 0.06 parts 

2 per million for particleboard, medium3 density fiberboard, and thin medium4 density fiberboard. 

5 ‘‘(b) REQUIREMENT.— 

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

7 applicable sell-through regulation promulgated pur8 suant to subsection (d), effective beginning on the 

9 date that is 180 days after the date of promulgation 

10 of those regulations, the emission standards de11 scribed in paragraph (2), shall apply to hardwood 

12 plywood, medium-density fiberboard, and 

13 particleboard sold, supplied, offered for sale, or man14 ufactured in the United States. 

15 ‘‘(2) EMISSION STANDARDS.—The emission 

16 standards referred to in paragraph (1), based on 

17 test method ASTM E–1333–96 (2002), are as fol18 lows: 

19 ‘‘(A) For hardwood plywood with a veneer 

20 core, 0.05 parts per million of formaldehyde. 

21 ‘‘(B) For hardwood plywood with a com22 posite core— 

23 ‘‘(i) 0.08 parts per million of form24 aldehyde for any period after the effective 
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1 date described in paragraph (1) and before 

2 July 1, 2012; and 

3 ‘‘(ii) 0.05 parts per million of form4 aldehyde, effective on the later of the effec5 tive date described in paragraph (1) or 

6 July 1, 2012. 

7 ‘‘(C) For medium-density fiberboard— 

8 ‘‘(i) 0.21 parts per million of form9 aldehyde for any period after the effective 

10 date described in paragraph (1) and before 

11 July 1, 2011; and 

12 ‘‘(ii) 0.11 parts per million of form13 aldehyde, effective on the later of the effec14 tive date described in paragraph (1) or 

15 July 1, 2011. 

16 ‘‘(D) For thin medium-density fiber17 board— 

18 ‘‘(i) 0.21 parts per million of form19 aldehyde for any period after the effective 

20 date described in paragraph (1) and before 

21 July 1, 2012; and 

22 ‘‘(ii) 0.13 parts per million of form23 aldehyde, effective on the later of the effec24 tive date described in paragraph (1) or 

25 July 1, 2012. 
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1 ‘‘(E) For particleboard— 

2 ‘‘(i) 0.18 parts per million of form3 aldehyde for any period after the effective 

4 date described in paragraph (1) and before 

5 July 1, 2011; and 

6 ‘‘(ii) 0.09 parts per million of form7 aldehyde, effective on the later of the effec8 tive date described in paragraph (1) or 

9 July 1, 2011. 

10 ‘‘(3) COMPLIANCE WITH EMISSION STAND11 ARDS.—(A) Compliance with the emission standards 

12 described in paragraph (2) shall be measured by— 

13 ‘‘(i) quarterly tests shall be conducted pur14 suant to test method ASTM E–1333–96 (2002) 

15 or, subject to subparagraph (B), ASTM D– 

16 6007–02; and 

17 ‘‘(ii) quality control tests shall be con18 ducted pursuant to ASTM D–6007–02, ASTM 

19 D–5582, or such other test methods as may be 

20 established by the Administrator through rule21 making. 

22 ‘‘(B) Test results obtained under subparagraph 

23 (A)(i) or (ii) by any test method other than ASTM 

24 E–1333–96 (2002) must include a showing of 
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1 equivalence by means established by the Adminis2 trator through rulemaking. 

3 ‘‘(C) Except where otherwise specified, the Ad4 ministrator shall establish through rulemaking the 

5 number and frequency of tests required to dem6 onstrate compliance with the emission standards. 

7 ‘‘(4) APPLICABILITY.—The formaldehyde emis8 sion standard referred to in paragraph (1) shall 

9 apply regardless of whether an applicable hardwood 

10 plywood, medium-density fiberboard, or 

11 particleboard is— 

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

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

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

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

16 to— 

17 ‘‘(1) hardboard; 

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

19 standard entitled ‘Voluntary Product Standard— 

20 Structural Plywood’ and numbered PS 1–07; 

21 ‘‘(3) structural panels, as specified in the stand22 ard entitled ‘Voluntary Product Standard—Perform23 ance Standard for Wood-Based Structural-Use Pan24 els’ and numbered PS 2–04; 
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1 ‘‘(4) structural composite lumber, as specified 

2 in the standard entitled ‘Standard Specification for 

3 Evaluation of Structural Composite Lumber Prod4 ucts’ and numbered ASTM D 5456–06; 

5 ‘‘(5) oriented strand board; 

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

7 standard entitled ‘Structural Glued Laminated Tim8 ber’ and numbered ANSI A190.1–2002; 

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

10 the standard entitled ‘Standard Specification for Es11 tablishing and Monitoring Structural Capacities of 

12 Prefabricated Wood I-Joists’ and numbered ASTM 

13 D 5055–05; 

14 ‘‘(8) finger-jointed lumber; 

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

16 spools, and dunnage); 

17 ‘‘(10) composite wood products used inside a 

18 new— 

19 ‘‘(A) vehicle (other than a recreational ve20 hicle) constructed entirely from new parts that 

21 has never been— 

22 ‘‘(i) the subject of a retail sale; or 

23 ‘‘(ii) registered with the appropriate 

24 State agency or authority responsible for 
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1 motor vehicles or with any foreign state, 

2 province, or country; 

3 ‘‘(B) rail car; 

4 ‘‘(C) boat; 

5 ‘‘(D) aerospace craft; or 

6 ‘‘(E) aircraft; 

7 ‘‘(11) windows that contain composite wood 

8 products, if the window product contains less than 

9 5 percent by volume of hardwood plywood, 

10 particleboard, or medium-density fiberboard, com11 bined, in relation to the total volume of the finished 

12 window product; or 

13 ‘‘(12) exterior doors and garage doors that con14 tain composite wood products, if— 

15 ‘‘(A) the doors are made from composite 

16 wood products manufactured with no-added 

17 formaldehyde-based resins or ultra low-emitting 

18 formaldehyde resins; or 

19 ‘‘(B) the doors contain less than 3 percent 

20 by volume of hardwood plywood, particleboard, 

21 or medium-density fiberboard, combined, in re22 lation to the total volume of the finished exte23 rior door or garage door. 

24 ‘‘(d) REGULATIONS.— 
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1 ‘‘(1) IN GENERAL.—Not later than January 1, 

2 2013, the Administrator shall promulgate regula3 tions to implement the standards required under 

4 subsection (b) in a manner that ensures compliance 

5 with the emission standards described in subsection 

6 (b)(2). 

7 ‘‘(2) INCLUSIONS.—The regulations promul8 gated pursuant to paragraph (1) shall include provi9 sions relating to— 

10 ‘‘(A) labeling; 

11 ‘‘(B) chain of custody requirements; 

12 ‘‘(C) sell-through provisions; 

13 ‘‘(D) ultra low-emitting formaldehyde res14 ins; 

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

16 ‘‘(F) finished goods; 

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

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

19 certifiers; 

20 ‘‘(I) recordkeeping; 

21 ‘‘(J) enforcement; 

22 ‘‘(K) laminated products; and 

23 ‘‘(L) exceptions from the requirements of 

24 regulations promulgated pursuant to this sub25 section for products and components containing 
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1 de minimis amounts of composite wood prod2 ucts. 

3 The Administrator shall not provide under subpara4 graph (L) exceptions to the formaldehyde emission 

5 standard requirements in subsection (b). 

6 ‘‘(3) SELL-THROUGH PROVISIONS.— 

7 ‘‘(A) IN GENERAL.—Sell-through provi8 sions established by the Administrator under 

9 this subsection, with respect to composite wood 

10 products and finished goods containing regu11 lated composite wood products (including rec12 reational vehicles, manufactured homes, and 

13 modular homes), shall— 

14 ‘‘(i) be based on a designated date of 

15 manufacture (which shall be no earlier 

16 than the date 180 days following the pro17 mulgation of the regulations pursuant to 

18 this subsection) of the composite wood 

19 product or finished good, rather than date 

20 of sale of the composite wood product or 

21 finished good; and 

22 ‘‘(ii) provide that any inventory of 

23 composite wood products or finished goods 

24 containing regulated composite wood prod25 ucts, manufactured before the designated 
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1 date of manufacture of the composite wood 

2 products or finished goods, shall not be 

3 subject to the formaldehyde emission 

4 standard requirements under subsection 

5 (b)(1). 

6 ‘‘(B) IMPLEMENTING REGULATIONS.—The 

7 regulations promulgated under this subsection 

8 shall— 

9 ‘‘(i) prohibit the stockpiling of inven10 tory to be sold after the designated date of 

11 manufacture; and 

12 ‘‘(ii) not require any labeling or test13 ing of composite wood products or finished 

14 goods containing regulated composite wood 

15 products manufactured before the des16 ignated date of manufacture. 

17 ‘‘(C) DEFINITION.—For purposes of this 

18 paragraph, the term ‘stockpiling’ means manu19 facturing or purchasing a composite wood prod20 uct or finished good containing a regulated 

21 composite wood product between the date of en22 actment of the Formaldehyde Standards for 

23 Composite Wood Products Act and the date 

24 180 days following the promulgation of the reg25 ulations pursuant to this subsection at a rate 
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1 which is significantly greater (as determined by 

2 the Administrator) than the rate at which such 

3 product or good was manufactured or pur4 chased during a base period (as determined by 

5 the Administrator) ending before the date of 

6 enactment of the Formaldehyde Standards for 

7 Composite Wood Products Act. 

8 ‘‘(4) IMPORT REGULATIONS.—Not later than 

9 July 1, 2013, the Administrator, in coordination 

10 with the Commissioner of Customs and Border Pro11 tection and other appropriate Federal departments 

12 and agencies, shall revise regulations promulgated 

13 pursuant to section 13 as the Administrator deter14 mines to be necessary to ensure compliance with this 

15 section. 

16 ‘‘(5) SUCCESSOR STANDARDS AND TEST METH17 ODS.—The Administrator may, after public notice 

18 and opportunity for comment, substitute an industry 

19 standard or test method referenced in this section 

20 with its successor version. 

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

22 that violates any requirement under this section (including 

23 any regulation promulgated pursuant to subsection (d)) 

24 shall be considered to have committed a prohibited act 

25 under section 15.’’. 
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1 (b) CONFORMING AMENDMENT.—The table of con2 tents of the Toxic Substances Control Act (15 U.S.C. prec. 

3 2601) is amended by adding at the end the following: 

‘‘TITLE VI—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD 

PRODUCTS 

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

4 SEC. 3. REPORTS TO CONGRESS. 

5 Not later than one year after the date of enactment 

6 of this Act, and annually thereafter through December 31, 

7 2014, the Administrator of the Environmental Protection 

8 Agency shall submit to the Committee on Environment 

9 and Public Works of the Senate and the Committee on 

10 Energy and Commerce of the House of Representatives 

11 a report describing, with respect to the preceding year— 

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

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

14 Toxic Substances Control Act; and 

15 (2) the extent to which relevant industries have 

16 achieved compliance with the requirements under 

17 that title. 

18 SEC. 4. MODIFICATION OF REGULATION. 

19 Not later than 180 days after the date of promulga20 tion of regulations pursuant to section 601(d) of the Toxic 

21 Substances Control Act (as amended by section 2), the 

22 Secretary of Housing and Urban Development shall up23 date the regulation contained in section 3280.308 of title 
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1 24, Code of Federal Regulations (as in effect on the date 

2 of enactment of this Act), to ensure that the regulation 

3 reflects the standards established by section 601 of the 

4 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 reposite wood products, and for other purposes. duce the emissions of formaldehyde from com-