```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1660 Enrolled Bill (ENR)]

        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--
                ``(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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```