Topic: Domestic Commerce — Consumer Safety
Subject: Environmental protection
Date: 2009-09-10 00:00:00

Formaldehyde Standards for Composite Wood Products Act - (Sec. 2) Amends the Toxic Substances Control Act (TSCA) to establish formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured in the United States. Lists exemptions from such standard for hardboard, structural plywood (as specified in the Voluntary Product Standard-Structural Plywood standard numbered PS 1-07), structural panels (as specified in the Voluntary Product Standard-Performance Standard for Wood-Based Structural-Use Panels standard numbered PS 2-04), structural composite lumber (as specified in the Standard Specification for Evaluation of Structural Composite Lumber Products standard labeled ASTM D 5456-06), oriented strand board, glued laminated lumber (as specified in the Structural Glued Laminated Timber standard labeled ANSI A190.1-2002), prefabricated wood I-joists (as specified in the Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists labeled ASTM D 5055-05), finger-jointed lumber, wood packaging (including pallets, crates, spools, and dunnage), and composite wood products used inside new vehicles, rail cars, boats, aerospace craft, aircraft, or windows, exterior doors, and garage doors that contain de minimis amounts of composite wood products. Sets forth provisions concerning compliance with such standards. Requires the Administrator of the Environmental Protection Agency (EPA) to conduct a rulemaking process to determine whether the definition of hardwood plywood should exempt engineered veneer or any laminated product. Applies the formaldehyde emission standard regardless of whether an applicable hardwood plywood, medium-density fiberboard, or particleboard is in the form of an unfinished panel, or incorporated into a finished good. Establishes emission standards for: (1) composite wood products made with no-added formaldehyde-based resins; and (2) ultra low-emitting formaldehyde resin. Directs the Administrator, by July 1, 2013, to promulgate implementing regulations that ensure compliance with the standards, including its provisions relating to labeling, chain of custody requirements, sell-through provisions, ultra low-emitting formaldehyde resins, no-added formaldehyde-based resins, finished goods, third-party testing and certification, auditing and reporting of third-party certifiers, recordkeeping, enforcement, laminated products, and exemptions from the emission requirements for products and components containing de minimis amounts of composite wood products. Requires sell-through provisions, with respect to composite wood products and finished goods containing regulated wood products, to: (1) be based on a designated date of manufacture (which shall be no earlier than the date 180 days following the promulgation of such regulations) of the composite wood product or finished good, rather than date of sale of the composite wood product or finished good; and (2) 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. Requires implementing regulations to: (1) prohibit the stockpiling of inventory to be sold after the designated date of manufacture; and (2) 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. Requires the Administrator, by July 1, 2013, in coordination with the Commissioner of Customs and Border Protection (CBP) and other appropriate federal agencies, to revise regulations promulgated under TSCA concerning import certification of any chemical substance, mixture, or article containing a chemical substance or mixture as necessary to ensure compliance with this Act. Provides that an individual or entity that violates any requirement under this Act shall be considered to have committed a prohibited act under TSCA. (Sec. 3) Requires the Administrator within a year of this Act's enactment and annually thereafter through December 31, 2014, to report to specified congressional committees on the status of the measures to be carried out pursuant to formaldehyde standards for composite wood products and the extent to which relevant industries have achieved compliance with such requirements. (Sec. 4) Requires the Secretary of Housing and Urban Development (HUD), within 180 days of the Administrator promulgating such standards, to update its regulation regarding formaldehyde emission controls standards for plywood and particleboard materials in manufactured homes to ensure that the regulation reflects TSCA formaldehyde standards.