Formaldehyde Standards for Composite Wood Products Act
PL 111-199 (S.1660), enacted 07/07/2010

124 STAT. 1359 
PUBLIC LAW 111–199—JULY 7, 2010 
Public Law 111–199 
111th Congress 
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 PROD-
UCTS. 
(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 
STAND-
ARDS FOR COMPOSITE WOOD PROD-
UCTS 
‘‘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 pur-
chased 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— 
15 USC 2697. 
Formaldehyde 
Standards for 
Composite Wood 
Products Act. 
15 USC 2601 
note. 
July 7, 2010 
[S. 1660] 
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124 STAT. 1360 
PUBLIC LAW 111–199—JULY 7, 2010 
‘‘(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 sub-
section (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 defini-
tion 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 plat-
form; 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 fab-
ricator 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 
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124 STAT. 1361 
PUBLIC LAW 111–199—JULY 7, 2010 
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 formalde-
hyde-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 stand-
ards 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 rule-
making. 
‘‘(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 estab-
lished 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 emis-
sion 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 subpara-
graph (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 ‘Vol-
untary 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 
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124 STAT. 1362 
PUBLIC LAW 111–199—JULY 7, 2010 
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 rule-
making. 
‘‘(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 estab-
lished 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 regula-
tions 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 regu-
lations issued under subsection (d), exempt a manufac-
turer from third party certification requirements unless 
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124 STAT. 1363 
PUBLIC LAW 111–199—JULY 7, 2010 
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-den-
sity 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 stand-
ards described in paragraph (2), shall apply to hardwood ply-
wood, medium-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 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, effec-
tive 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, effec-
tive 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, effec-
tive 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, effec-
tive on the later of the effective date described in 
paragraph (1) or July 1, 2011. 
‘‘(3) COMPLIANCE WITH EMISSION STANDARDS.—(A) Compli-
ance with the emission standards described in paragraph (2) 
shall be measured by— 
Effective date. 
Applicability. 
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124 STAT. 1364 
PUBLIC LAW 111–199—JULY 7, 2010 
‘‘(i) quarterly tests shall be conducted pursuant to test 
method ASTM E–1333–96 (2002) or, subject to subpara-
graph (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 num-
bered 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 num-
bered 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) con-
structed 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; 
Regulations. 
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124 STAT. 1365 
PUBLIC LAW 111–199—JULY 7, 2010 
‘‘(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 fiber-
board, 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 com-
posite wood products, manufactured before the des-
ignated date of manufacture of the composite wood 
Deadline. 
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124 STAT. 1366 
PUBLIC LAW 111–199—JULY 7, 2010 
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 des-
ignated 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 regu-
lated composite wood product between the date of enact-
ment of the Formaldehyde Standards for Composite Wood 
Products Act and the date 180 days following the promulga-
tion 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 Com-
posite 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 com-
ment, substitute an industry standard or test method ref-
erenced 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 
Deadline. 
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124 STAT. 1367 
PUBLIC LAW 111–199—JULY 7, 2010 
LEGISLATIVE HISTORY—S. 1660: 
SENATE REPORTS: No. 111–169 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
June 14, considered and passed Senate. 
June 23, considered and passed House. 
(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. 
Approved July 7, 2010. 
15 USC 2697 
note. 
Deadline. 
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