TSCA Title VI - Formaldehyde Standards for Composite Wood Products Act

PUBLIC LAW 111–199—JULY 7, 2010

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.

July 7, 2010
[S. 1660]

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’’.

Formaldehyde
Standards for
Composite Wood
Products Act.
15 USC 2601
note.

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

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‘‘SEC. 601. FORMALDEHYDE STANDARDS.

15 USC 2697.

‘‘(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—

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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 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 ‘mediumdensity fiberboard’ means a panel composed of cellulosic fibers

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PUBLIC LAW 111–199—JULY 7, 2010

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 formaldehydebased 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

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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 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

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PUBLIC LAW 111–199—JULY 7, 2010

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 provided in an applicable sellthrough 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—

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Effective date.
Applicability.

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124 STAT. 1364

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Regulations.

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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 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 WoodBased 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;

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PUBLIC LAW 111–199—JULY 7, 2010

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 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

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Deadline.

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124 STAT. 1366

Deadline.

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 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.’’.

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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

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PUBLIC LAW 111–199—JULY 7, 2010

124 STAT. 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.

15 USC 2697
note.
Deadline.

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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.

Æ

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