IB 
Union Calendar No. 291 
111TH CONGRESS 
2D SESSION 
H. R. 4805 
[Report No. 111–509, Part I] 
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 provi-
sions as fall within the jurisdiction of the committee concerned 
JUNE 22, 2010 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JUNE 22, 2010 
Additional sponsors: Ms. SUTTON and Ms. SCHAKOWSKY 
JUNE 22, 2010 
Committee on Financial Services discharged; committed to the Committee of 
the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on March 10, 2010] 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Formaldehyde Stand-
ards 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— 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(i) any component part or other part 
used in the assembly of a finished good; or 
‘‘(ii) any finished good that has pre-
viously been sold or supplied to an indi-
vidual 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; 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(IV) hardboard core; or 
‘‘(V) any other special core or spe-
cial 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 ‘Vol-
untary Product Standard–Structural 
Plywood’ and numbered PS 1–07; or 
‘‘(II) the standard entitled ‘Vol-
untary Product Standard–Performance 
Standard for Wood-Based Structural- 
Use Panels’ and numbered PS 2–04. 
‘‘(C) LAMINATED PRODUCTS.— 
‘‘(i) RULEMAKING.— 
‘‘(I) IN GENERAL.—The Adminis-
trator shall conduct a rulemaking 
process pursuant to subsection (d) that 
uses all available and relevant infor-
mation from State authorities, indus-
try, and other available sources of such 
information, and analyzes that infor-
mation to determine, at the discretion 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
of the Administrator, whether the defi-
nition of the term ‘hardwood plywood’ 
should exempt engineered veneer or 
any laminated product. 
‘‘(II) MODIFICATION.—The Ad-
ministrator 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 af-
fixed to— 
‘‘(aa) a particleboard plat-
form; 
‘‘(bb) a medium-density fi-
berboard platform; or 
‘‘(cc) a veneer-core platform; 
and 
‘‘(II) that is— 
‘‘(aa) a component part; 
‘‘(bb) used in the construc-
tion or assembly of a finished 
good; and 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(cc) produced by the manu-
facturer or fabricator of the fin-
ished good in which the product is 
incorporated. 
‘‘(4) MANUFACTURED HOME.—The term ‘manu-
factured home’ has the meaning given the term in sec-
tion 3280.2 of title 24, Code of Federal Regulations 
(as in effect on the date of promulgation of regula-
tions 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 stand-
ard 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 build-
ing site, installed on foundations, and completed. 
‘‘(7) 
NO-ADDED
FORMALDEHYDE-BASED 
RESIN.— 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(A) IN GENERAL.—(i) The term ‘no-added 
formaldehyde-based resin’ means a resin formu-
lated 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 con-
trol 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 Ad-
ministrator 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. 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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 mil-
lion 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 hard-
wood plywood and 0.06 parts per million 
for particleboard, medium-density fiber-
board, and thin medium-density fiberboard. 
‘‘(8) PARTICLEBOARD.— 
‘‘(A) 
IN
GENERAL.—The 
term 
‘particleboard’ means a panel composed of cellu-
losic material in the form of discrete particles 
(as distinguished from fibers, flakes, or strands) 
that are pressed together with resin (as deter-
mined 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 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
Wood-Based Structural-Use Panels’ and num-
bered PS 2–04. 
‘‘(9) RECREATIONAL VEHICLE.—The term ‘rec-
reational 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 regula-
tions 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 pursu-
ant to test method ASTM E-1333-96 (2002) 
or, subject to clause (ii), ASTM D-6007-02; 
and 
‘‘(II) 6 months of routine quality con-
trol 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 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
ASTM E-1333-96 (2002) must include a showing 
of equivalence by means established by the Ad-
ministrator 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 manu-
facturer 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 fiber-
board— 
‘‘(aa) no higher than 0.06 
parts per million of formaldehyde 
for 90 percent of 6 months of rou-
tine quality control testing data 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
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 rou-
tine 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 fi-
berboard— 
‘‘(aa) no higher than 0.08 
parts per million of formaldehyde 
for 90 percent of 6 months of rou-
tine quality control testing data 
required 
under 
subparagraph 
(A)(ii); and 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(bb) no test result higher 
than 0.11 parts per million of 
formaldehyde. 
‘‘(ii) The Administrator may not, pur-
suant to regulations issued under subsection 
(d), exempt a manufacturer from third 
party certification requirements unless its 
product made with ultra low-emitting form-
aldehyde resin meets the following emission 
standards: 
‘‘(I) No higher than 0.04 parts 
per million of formaldehyde for 90 per-
cent 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 pursu-
ant to subsection (d), effective beginning on the date 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
that is 180 days after the date of promulgation of 
those regulations, the emission standards described in 
paragraph (2), shall apply to hardwood plywood, me-
dium-density fiberboard, and particleboard sold, sup-
plied, 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 com-
posite core— 
‘‘(i) 0.08 parts per million of formalde-
hyde for any period after the effective date 
described in paragraph (1) and before July 
1, 2012; and 
‘‘(ii) 0.05 parts per million of form-
aldehyde, effective on the later of the effec-
tive date described in paragraph (1) or July 
1, 2012. 
‘‘(C) For medium-density fiberboard— 
‘‘(i) 0.21 parts per million of formalde-
hyde for any period after the effective date 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
described in paragraph (1) and before July 
1, 2011; and 
‘‘(ii) 0.11 parts per million of form-
aldehyde, effective on the later of the effec-
tive date described in paragraph (1) or July 
1, 2011. 
‘‘(D) For thin medium-density fiberboard— 
‘‘(i) 0.21 parts per million of formalde-
hyde for any period after the effective date 
described in paragraph (1) and before July 
1, 2012; and 
‘‘(ii) 0.13 parts per million of form-
aldehyde, effective on the later of the effec-
tive date described in paragraph (1) or July 
1, 2012. 
‘‘(E) For particleboard— 
‘‘(i) 0.18 parts per million of formalde-
hyde for any period after the effective date 
described in paragraph (1) and before July 
1, 2011; and 
‘‘(ii) 0.09 parts per million of form-
aldehyde, effective on the later of the effec-
tive date described in paragraph (1) or July 
1, 2011. 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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 pur-
suant 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 equiva-
lence by means established by the Administrator 
through rulemaking. 
‘‘(C) Except where otherwise specified, the Ad-
ministrator shall establish through rulemaking the 
number and frequency of tests required to demonstrate 
compliance with the emission standards. 
‘‘(4) APPLICABILITY.—The formaldehyde emis-
sion standard referred to in paragraph (1) shall 
apply regardless of whether an applicable hardwood 
plywood, medium-density fiberboard, or particleboard 
is— 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(A) in the form of an unfinished panel; or 
‘‘(B) incorporated into a finished good. 
‘‘(c) EXEMPTIONS.—The formaldehyde emission stand-
ard 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 stand-
ard entitled ‘Voluntary Product Standard–Perform-
ance Standard for Wood-Based Structural-Use Pan-
els’ and numbered PS 2–04; 
‘‘(4) structural composite lumber, as specified in 
the standard entitled ‘Standard Specification for 
Evaluation of Structural Composite Lumber Prod-
ucts’ and numbered ASTM D 5456–06; 
‘‘(5) oriented strand board; 
‘‘(6) glued laminated lumber, as specified in the 
standard entitled ‘Structural Glued Laminated Tim-
ber’ and numbered ANSI A190.1–2002; 
‘‘(7) prefabricated wood I-joists, as specified in 
the standard entitled ‘Standard Specification for Es-
tablishing and Monitoring Structural Capacities of 
Prefabricated Wood I-Joists’ and numbered ASTM D 
5055–05; 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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 vehi-
cle) 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, com-
bined, in relation to the total volume of the finished 
window product; or 
‘‘(12) exterior doors and garage doors that con-
tain composite wood products, if— 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(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 rela-
tion 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 res-
ins; 
‘‘(E) no-added formaldehyde-based resins; 
‘‘(F) finished goods; 
VerDate Mar 15 2010 
23:14 Jun 22, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H4805.RH
H4805
srobinson on DSKHWCL6B1PROD with BILLS