I 

111TH CONGRESS 

2D SESSION H. R. 4805 

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

formaldehyde from composite wood products, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2010 

Ms. MATSUI (for herself and Mr. EHLERS) introduced the following bill; which 

was referred to the Committee on Energy and Commerce, and in addition 

to the Committee on Financial Services, for a period to be subsequently 

determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Toxic Substances Control Act to reduce the 

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

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Formaldehyde Stand5 ards for Composite Wood Products Act’’. 


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1 SEC. 2. FORMALDEHYDE STANDARDS FOR COMPOSITE 

2 WOOD PRODUCTS. 

3 (a) AMENDMENT.—The Toxic Substances Control 

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

5 the end the following: 

6 ‘‘TITLE VI—FORMALDEHYDE 

7 STANDARDS FOR COMPOSITE 

8 WOOD PRODUCTS 

9 ‘‘SEC. 601. FORMALDEHYDE STANDARDS. 

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

11 ‘‘(1) FINISHED GOOD.— 

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

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

14 panel) containing— 

15 ‘‘(i) hardwood plywood; 

16 ‘‘(ii) particleboard; or 

17 ‘‘(iii) medium-density fiberboard. 

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

19 good’ does not include— 

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

21 used in the assembly of a finished good; or 

22 ‘‘(ii) any finished good that has pre23 viously been sold or supplied to an indi24 vidual or entity that purchased or acquired 

25 the finished good in good faith for pur26 poses other than resale, such as— 


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1 ‘‘(I) an antique; or 

2 ‘‘(II) secondhand furniture. 

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

4 such meaning as the Administrator shall establish, 

5 by regulation, pursuant to subsection (d). 

6 ‘‘(3) HARDWOOD PLYWOOD.— 

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

8 plywood’ means a hardwood or decorative panel 

9 that is— 

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

11 ‘‘(ii) composed of (as determined 

12 under the standard numbered ANSI/ 

13 HPVA HP–1–2004 (or a successor stand14 ard)) an assembly of layers or plies of ve15 neer, joined by an adhesive with— 

16 ‘‘(I) lumber core; 

17 ‘‘(II) particleboard core; 

18 ‘‘(III) medium-density fiberboard 

19 core; 

20 ‘‘(IV) hardboard core; or 

21 ‘‘(V) any other special core or 

22 special back material. 

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

24 plywood’ does not include— 

25 ‘‘(i) military-specified plywood; 


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1 ‘‘(ii) curved plywood; or 

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

3 ‘‘(I) the standard entitled ‘Vol4 untary Product Standard–Structural 

5 Plywood’ and numbered PS 1–07 (or 

6 a successor standard); or 

7 ‘‘(II) the standard entitled ‘Vol8 untary Product Standard–Perform9 ance Standard for Wood-Based Struc10 tural-Use Panels’ and numbered PS 

11 2–04 (or a successor standard). 

12 ‘‘(C) LAMINATED PRODUCTS.— 

13 ‘‘(i) RULEMAKING.— 

14 ‘‘(I) IN GENERAL.—The Admin15 istrator shall conduct a rulemaking 

16 process pursuant to subsection (d) 

17 that uses all available and relevant in18 formation from State authorities (in19 cluding the California Air Resources 

20 Board), industry, and other available 

21 sources of such information, and ana22 lyzes that information to determine, 

23 at the discretion of the Administrator, 

24 whether the definition of the term 

25 ‘hardwood plywood’ should exempt enVerDate Nov 24 2008 22:03 Mar 11, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4805.IH H4805

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1 gineered veneer or any laminated 

2 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 601 (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 (or a successor standard)). 

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

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

18 in 1 or more modules— 

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

20 and local building codes of the area in which 

21 the home will be located; and 

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

23 building site, installed on foundations, and com24 pleted. 


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1 ‘‘(7) NO-ADDED FORMALDEHYDE-BASED

2 RESIN.— 

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

4 formaldehyde-based resin’ means a resin formu5 lated with no added formaldehyde as part of the 

6 resin cross-linking structure that meets the per7 formance standard contained in section 

8 93120.3(c) of title 17, California Code of Regu9 lations (as in effect on July 28, 2009). 

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

11 formaldehyde-based resin’ may include any 

12 resin made from— 

13 ‘‘(i) soy; 

14 ‘‘(ii) polyvinyl acetate; or 

15 ‘‘(iii) methylene diisocyanate. 

16 ‘‘(8) PARTICLEBOARD.— 

17 ‘‘(A) IN GENERAL.—The term 

18 ‘particleboard’ means a panel composed of cel19 lulosic material in the form of discrete particles 

20 (as distinguished from fibers, flakes, or 

21 strands) that are pressed together with resin 

22 (as determined under the standard numbered 

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

24 ‘‘(B) EXCLUSIONS.—The term 

25 ‘particleboard’ does not include any product 


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1 specified in the standard entitled ‘Voluntary 

2 Product Standard–Performance Standard for 

3 Wood-Based Structural-Use Panels’ and num4 bered PS 2–04 (or a successor standard). 

5 ‘‘(9) RECREATIONAL VEHICLE.—The term ‘rec6 reational vehicle’ has the meaning given the term in 

7 section 3282.8 of title 24, Code of Federal Regula8 tions (as in effect on the date of promulgation of 

9 regulations pursuant to subsection 601 (d)). 

10 ‘‘(10) ULTRA LOW-EMITTING FORMALDEHYDE

11 RESIN.— 

12 ‘‘(A) IN GENERAL.—The term ‘ultra low13 emitting formaldehyde resin’ means a resin for14 mulated using a process the average formalde15 hyde emissions of which are consistently below 

16 the phase 2 emission standards contained in the 

17 airborne toxic control measure for composite 

18 wood products described in section 93120.3(d) 

19 of title 17, California Code of Regulations (as 

20 in effect on July 28, 2009). 

21 ‘‘(B) INCLUSIONS.—The term ‘ultra low22 emitting formaldehyde resin’ may include— 

23 ‘‘(i) melamine-urea-formaldehyde 

24 resin; 

25 ‘‘(ii) phenol formaldehyde resin; and 


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1 ‘‘(iii) resorcinol formaldehyde resin. 

2 ‘‘(b) REQUIREMENT.— 

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

4 applicable sell-through regulation promulgated pur5 suant to subsection (d), effective beginning on the 

6 date that is 180 days after the date of promulgation 

7 of those regulations, the formaldehyde emission 

8 standard contained in table 1 of section 93120.2(a) 

9 of title 17, California Code of Regulations (relating 

10 to an airborne toxic control measure to reduce form11 aldehyde emissions from composite wood products) 

12 (as in effect on July 28, 2009), shall apply to hard13 wood plywood, medium-density fiberboard, and 

14 particleboard sold, supplied, offered for sale, or man15 ufactured in the United States. 

16 ‘‘(2) APPLICABILITY.—The formaldehyde emis17 sion standard referred to in paragraph (1) shall 

18 apply regardless of whether an applicable hardwood 

19 plywood, medium-density fiberboard, or 

20 particleboard is— 

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

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

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

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

25 to— 


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1 ‘‘(1) hardboard; 

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

3 standard entitled ‘Voluntary Product Standard– 

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

5 successor standard); 

6 ‘‘(3) structural panels, as specified in the stand7 ard entitled ‘Voluntary Product Standard–Perform8 ance Standard for Wood-Based Structural-Use Pan9 els’ and numbered PS 2–04 (or a successor stand10 ard); 

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

12 in the standard entitled ‘Standard Specification for 

13 Evaluation of Structural Composite Lumber Prod14 ucts’ and numbered ASTM D 5456–06 (or a suc15 cessor standard); 

16 ‘‘(5) oriented strand board; 

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

18 standard entitled ‘Structural Glued Laminated Tim19 ber’ and numbered ANSI A190.1–2002 (or a suc20 cessor standard); 

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

22 the standard entitled ‘Standard Specification for Es23 tablishing and Monitoring Structural Capacities of 

24 Prefabricated Wood I-Joists’ and numbered ASTM 

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


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1 ‘‘(8) finger-jointed lumber; 

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

3 spools, and dunnage); 

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

5 vehicles (as defined in section 430 of the California 

6 Vehicle Code) (excluding recreational vehicles), rail 

7 cars, boats, aerospace craft, or aircraft; 

8 ‘‘(11) windows that contain composite wood 

9 products, if the window product contains less than 

10 5 percent by volume of hardwood plywood, 

11 particleboard, or medium-density fiberboard, com12 bined, in relation to the total volume of the finished 

13 window product; or 

14 ‘‘(12) exterior doors and garage doors that con15 tain composite wood products, if— 

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

17 wood products manufactured with no-added 

18 formaldehyde-based resins or ultra low-emitting 

19 formaldehyde resins; or 

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

21 by volume of hardwood plywood, particleboard, 

22 or medium-density fiberboard, combined, in re23 lation to the total volume of the finished exte24 rior door or garage door. 

25 ‘‘(d) REGULATIONS.— 


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

2 2012, the Administrator shall promulgate regula3 tions to implement the formaldehyde emission stand4 ard required under subsection (b) in a manner that 

5 ensures that compliance with the standard is equiva6 lent to compliance with the standard contained in 

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

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

9 ‘‘(2) INCLUSIONS.—The regulations promul10 gated pursuant to paragraph (1) shall include provi11 sions relating to— 

12 ‘‘(A) labeling; 

13 ‘‘(B) chain of custody requirements; 

14 ‘‘(C) sell-through provisions; 

15 ‘‘(D) ultra low-emitting formaldehyde res16 ins; 

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

18 ‘‘(F) finished goods; 

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

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

21 certifiers; 

22 ‘‘(I) recordkeeping; 

23 ‘‘(J) enforcement; and 

24 ‘‘(K) laminated products. 


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1 ‘‘(3) FINISHED GOODS REGULATORY IMPLE2 MENTATION FOR RECREATIONAL VEHICLES, MANU3 FACTURED HOMES, AND MODULAR HOMES.—With 

4 respect to finished goods containing regulated com5 posite wood products— 

6 ‘‘(A) the effective date of sell-through reg7 ulations for recreational vehicles, manufactured 

8 homes, and modular homes shall be based on a 

9 designated date of manufacture of the finished 

10 good, rather than date of sale of the finished 

11 good; and 

12 ‘‘(B) any inventory of finished goods con13 taining regulated composite wood products and 

14 manufactured before designated date of manu15 facture of the finished goods shall not be sub16 ject to the formaldehyde emissions standard re17 quired under subsection (b)(1). 

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

19 July 1, 2012, the Administrator, in coordination 

20 with the Commissioner of Customs and Border Pro21 tection and other appropriate Federal departments 

22 and agencies, shall revise regulations promulgated 

23 pursuant to section 13 as the Administrator deter24 mines to be necessary to ensure compliance with this 

25 section. 


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1 ‘‘(5) MODIFICATION OF STANDARDS.—The Ad2 ministrator may modify, by regulation, any reference 

3 to an industry standard contained in this subsection 

4 if the standard is subsequently updated. 

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

6 that violates any requirement under this section (including 

7 any regulation promulgated pursuant to subsection (d)) 

8 shall be considered to have committed a prohibited act 

9 under section 15.’’. 

10 (b) CONFORMING AMENDMENT.—The table of con11 tents of the Toxic Substances Control Act (15 U.S.C. prec. 

12 2601) is amended by adding at the end the following: 

‘‘TITLE VI—FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD 

PRODUCTS 

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

13 SEC. 3. REPORTS TO CONGRESS. 

14 Not later than December 31, 2010, and annually 

15 thereafter through December 31, 2014, the Administrator 

16 of the Environmental Protection Agency shall submit to 

17 the Committee on Environment and Public Works of the 

18 Senate and the Committee on Energy and Commerce of 

19 the House of Representatives a report describing, with re20 spect to the preceding calendar year— 

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

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

23 Toxic Substances Control Act; and 


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1 (2) the extent to which relevant industries have 

2 achieved compliance with the requirements under 

3 that title. 

4 SEC. 4. MODIFICATION OF REGULATION. 

5 Not later than 180 days after the date of promulga6 tion of regulations pursuant to section 601(d) of the Toxic 

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

8 Secretary of Housing and Urban Development shall up9 date the regulation contained in section 3280.308 of title 

10 24, Code of Federal Regulations (as in effect on the date 

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

12 reflects the standards established by section 601 of the 

13 Toxic Substances Control Act. 

Æ 


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