## 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) D EFINITIONS .—In this section: ‘‘(1) F INISHED GOOD .— ‘‘(A) I N 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) E XCLUSIONS .—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 beensold 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) I N GENERAL .—The term ‘hardwood plywood’ means a hardwood or decorative panel that is—S. 1660—2

‘‘(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) E XCLUSIONS .—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) I N GENERAL .—The Administrator shallconduct 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 thediscretion of the Administrator, whether the definition of the term ‘hardwood plywood’ should exempt engineered veneer or any laminated product. ‘‘(II) M ODIFICATION .—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) M EDIUM

- DENSITY FIBERBOARD .—The term ‘mediumdensity fiberboard’ means a panel composed of cellulosic fibersS. 1660—3

made by dry forming and pressing a resinated fiber mat (as
determined under the standard numbered ANSI A208.2–2009).
‘‘(6) M ODULAR 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) N O

- ADDED FORMALDEHYDE

- BASED RESIN .— ‘‘(A) I N GENERAL .—(i) The term ‘no-added formaldehyde-based resin’ means a resin formulated with no added formaldehyde as part of the resin cross-linking structurein 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 maybe 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) I NCLUSIONS .—The term ‘no-added formaldehydebased resin’ may include any resin made from— ‘‘(i) soy; ‘‘(ii) polyvinyl acetate; or ‘‘(iii) methylene diisocyanate.
‘‘(C) E MISSION 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 routinequality 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) I N 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) E XCLUSIONS .—The term ‘particleboard’ does notinclude any product specified in the standard entitled ‘Voluntary Product Standard—Performance Standard for

Wood-Based Structural-Use Panels’ and numbered PS 2–

04. ‘‘(9) R ECREATIONAL VEHICLE .—The term ‘recreational vehicle’ has the meaning given the term in section 3282.8S. 1660—4

of title 24, Code of Federal Regulations (as in effect on the date of promulgation of regulations pursuant to subsection (d)).
‘‘(10) U LTRA LOW

- EMITTING FORMALDEHYDE RESIN .— ‘‘(A) I N 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 maybe 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) I NCLUSIONS .—The term ‘ultra low-emitting formaldehyde resin’ may include— ‘‘(i) melamine-urea-formaldehyde resin; ‘‘(ii) phenol formaldehyde resin; and ‘‘(iii) resorcinol formaldehyde resin.
‘‘(C) E MISSION 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 unlessS. 1660—5

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) R EQUIREMENT .— ‘‘(1) I N GENERAL .—Except as provided in an applicable sellthrough regulation promulgated pursuant to subsection (d), effective beginning on the date that is 180 days after thedate 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) E MISSION 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) C OMPLIANCE WITH EMISSION STANDARDS .—(A) Compliance with the emission standards described in paragraph (2) shall be measured by—S. 1660—6

‘‘(i) quarterly tests shall be conducted pursuant to testmethod 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) E XEMPTIONS .—The formaldehyde emission standard referred to in subsection (b)(1) shall not apply to— ‘‘(1) hardboard; ‘‘(2) structural plywood, as specified in the standard entitled‘Voluntary Product Standard—Structural Plywood’ and numbered PS 1–07; ‘‘(3) structural panels, as specified in the standard entitled‘Voluntary Product Standard—Performance Standard for WoodBased Structural-Use Panels’ and numbered PS 2–04; ‘‘(4) structural composite lumber, as specified in the standard entitled ‘Standard Specification for Evaluation of Structural Composite Lumber Products’ and numbered ASTM D 5456–06; ‘‘(5) oriented strand board; ‘‘(6) glued laminated lumber, as specified in the standard

entitled ‘Structural Glued Laminated Timber’ and numbered ANSI A190.1–2002; ‘‘(7) prefabricated wood I-joists, as specified in the standard entitled ‘Standard Specification for Establishing and MonitoringStructural 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;S. 1660—7

‘‘(11) windows that contain composite wood products, if the window product contains less than 5 percent by volumeof 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) R EGULATIONS .— ‘‘(1) I N 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) I NCLUSIONS .—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) S ELL

- THROUGH PROVISIONS .— ‘‘(A) I N 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 woodproducts or finished goods containing regulated composite wood products, manufactured before the designated date of manufacture of the composite woodS. 1660—8

products or finished goods, shall not be subject to the formaldehyde emission standard requirements under subsection (b)(1). ‘‘(B) I MPLEMENTING 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 regulatedcomposite wood products manufactured before the designated date of manufacture. ‘‘(C) D EFINITION .—For purposes of this paragraph, the term ‘stockpiling’ means manufacturing or purchasing acomposite wood product or finished good containing a regulated composite wood product between the date of enactment of the Formaldehyde Standards for Composite WoodProducts 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 thedate of enactment of the Formaldehyde Standards for Composite Wood Products Act. ‘‘(4) I MPORT 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) S UCCESSOR STANDARDS AND TEST METHODS .—TheAdministrator may, after public notice and opportunity for comment, substitute an industry standard or test method referenced in this section with its successor version. ‘‘(e) P ROHIBITED 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) C ONFORMING 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; andS. 1660—9

(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.