Text: S.1660 — 111th Congress (2009-2010)All Information (Except Text)

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Public Law No: 111-199 (07/07/2010)

 
[111th Congress Public Law 199]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 1359]]

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. <<NOTE: July 7, 2010 -  [S. 1660]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Formaldehyde Standards for 
Composite Wood Products Act. 15 USC 2601 note.>> 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. <<NOTE: 15 USC 2697.>>  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 124 STAT. 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 124 STAT. 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 124 STAT. 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 124 STAT. 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 <<NOTE: Effective 
        date. Applicability.>>  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 124 STAT. 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 <<NOTE: Regulations.>>  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 124 STAT. 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 <<NOTE: Deadline.>>  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 124 STAT. 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 <<NOTE: Deadline.>>  
        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 124 STAT. 1367]]

            (2) the extent to which relevant industries have achieved 
        compliance with the requirements under that title.
SEC. 4. <<NOTE: 15 USC 2697 note. Deadline.>>  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.

                                  <all>