[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]


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 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--
``(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 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--

[[Page 1360]]

``(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 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 the discretion of the
Administrator, whether the definition 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 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) Medium-density fiberboard.--The term `medium-density
fiberboard' means a panel composed of cellulosic fibers

[[Page 1361]]

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
formaldehyde-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 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
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 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
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
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.
``(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
`Voluntary 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

[[Page 1362]]

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
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) 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 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 unless

[[Page 1363]]

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) 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 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) 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,
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) Compliance with emission standards.--(A) Compliance
with the emission standards described in paragraph (2) shall be
measured by--

[[Page 1364]]

``(i) quarterly tests shall be conducted pursuant 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 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
numbered 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 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;

[[Page 1365]]

``(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,
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 composite wood products, manufactured
before the designated date of manufacture of the
composite wood

[[Page 1366]]

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 designated 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
regulated composite wood product between the date of
enactment of the Formaldehyde Standards for Composite
Wood Products 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 the date of enactment of
the Formaldehyde Standards for Composite 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
comment, substitute an industry standard or test method
referenced 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

[[Page 1367]]

(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.

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.