IN THE SENATE OF THE UNITED STATES
September 10, 2009
Ms. Klobuchar (for herself and Mr. Crapo) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
To amend the Toxic Substances Control Act to reduce the emissions of formaldehyde from composite wood products, and for other purposes.
This Act may be cited as
Formaldehyde Standards for
Composite Wood Products Act.
Formaldehyde standards for composite wood products
The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by adding at the end the following:
Formaldehyde standards for composite wood products
In this section:
The term finished good means any good or product (other than a panel) containing—
The term finished good includes—
manufactured housing; and
The term finished good does not include—
any component part or other part used in the assembly of a finished good; or
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—
an antique; or
The term hardwood plywood means a hardwood or decorative panel that is—
intended for interior use; and
composed of (as determined under the standard numbered ANSI/HPVA HP–1–2004 (or a successor standard)) an assembly of layers or plies of veneer, joined by an adhesive with—
medium-density fiberboard core;
hardboard core; or
any other special core or special back material.
The term hardwood plywood does not include—
a laminated product;
curved plywood; or
any other product specified in—
Voluntary Product Standard–Structural Plywood and
numbered PS 1–07 (or a successor standard); or
Voluntary Product Standard–Performance Standard for Wood-Based
Structural-Use Panels and numbered PS 2–04 (or a successor
The term laminated product means a product—
in which a wood veneer is affixed to—
a particleboard platform;
a medium-density fiberboard platform; or
a veneer-core platform; and
a component part;
used in the construction or assembly of a finished good; and
produced by the manufacturer or fabricator of the finished good in which the product is incorporated.
The term medium-density fiberboard means a panel composed of cellulosic fibers made by dry forming and pressing a resinated fiber mat (as determined under the standard numbered ANSI A208.2–2009 (or a successor standard)).
No-added formaldehyde-based resin
The term no-added formaldehyde-based resin means a resin formulated with no added formaldehyde as part of the resin cross-linking structure that meets the performance standard contained in section 93120.3(c) of title 17, California Code of Regulations (as in effect on July 28, 2009).
The term no-added formaldehyde-based resin may include any resin made from—
polyvinyl acetate; or
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 (or a successor standard)).
term particleboard does not include any product specified in the
Voluntary Product Standard–Performance Standard for
Wood-Based Structural-Use Panels and numbered PS 2–04 (or a successor
Ultra low-emitting formaldehyde resin
The term ultra low-emitting formaldehyde resin means a resin formulated using a process the average formaldehyde emissions of which are consistently below the phase 2 emission standards contained in the airborne toxic control measure for composite wood products described in section 93120.3(d) of title 17, California Code of Regulations (as in effect on July 28, 2009).
The term ultra low-emitting formaldehyde resin may include—
phenol formaldehyde resin; and
resorcinol formaldehyde resin.
Except as provided in subsection (d), effective beginning on the date that is 180 days after the date of enactment of this section, the formaldehyde emission standard contained in table 1 of section 93120.2(a) of title 17, California Code of Regulations (relating to an airborne toxic control measure to reduce formaldehyde emissions from composite wood products) (as in effect on July 28, 2009), shall apply to hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured in the United States.
The formaldehyde emission standard referred to in paragraph (1) shall apply regardless of whether an applicable hardwood plywood, medium-density fiberboard, or particleboard is—
in the form of an unfinished panel; or
incorporated into a finished good.
The formaldehyde emission standard referred to in subsection (b)(1) shall not apply to—
plywood, as specified in the standard entitled
Standard–Structural Plywood and numbered PS 1–07 (or a successor
panels, as specified in the standard entitled
Standard–Performance Standard for Wood-Based Structural-Use Panels and
numbered PS 2–04 (or a successor standard);
composite lumber, as specified in the standard entitled
Specification for Evaluation of Structural Composite Lumber Products
and numbered ASTM D 5456–06 (or a successor standard);
oriented strand board;
lumber, as specified in the standard entitled
Structural Glued Laminated
Timber and numbered ANSI A190.1–2002 (or a successor standard);
wood I-joists, as specified in the standard entitled
Specification for Establishing and Monitoring Structural Capacities of
Prefabricated Wood I-Joists and numbered ASTM D 5055–05 (or a successor
wood packaging (including pallets, crates, spools, and dunnage); or
composite wood products used inside new vehicles (as defined in section 430 of the California Vehicle Code) (excluding recreational vehicles), rail cars, boats, aerospace craft, or aircraft.
Not later than January 1, 2011, the Administrator shall promulgate regulations to implement the formaldehyde emission standard required under subsection (b) in a manner that ensures that compliance with the standard is equivalent to compliance with the standard contained in table 1 of section 93120.2(a) of title 17, California Code of Regulations (as in effect on July 28, 2009).
The regulations promulgated pursuant to paragraph (1) shall include provisions relating to—
chain of custody requirements;
ultra low-emitting formaldehyde resins;
no-added formaldehyde-based resins;
third-party testing and certification;
auditing and reporting of third-party certifiers;
Not later than July 1, 2011, 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.
Modification of standards
The Administrator may modify, by regulation, any reference to an industry standard contained in this subsection if the standard is subsequently updated.
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.
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.
Reports to Congress
Not later than December 31, 2010, 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 calendar year—
the status of the measures carried out or planned to be carried out pursuant to title VI of the Toxic Substances Control Act; and
the extent to which relevant industries have achieved compliance with the requirements under that title.