[Senate Report 111-169]
[From the U.S. Government Publishing Office]
Calendar No. 352
111th Congress Report
SENATE
2d Session 111-169
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FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS ACT
_______
April 19, 2010.--Ordered to be printed
_______
Mr. Reid (for Mrs. Boxer), from the Committee on Environment and Public
Works, submitted the following
R E P O R T
[To accompany S. 1660]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1660) to amend the Toxic Substances Control
Act to reduce emissions of formaldehyde from composite wood
products, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
Introduction and Purposes
The Formaldehyde Standards for Composite Wood Products Act
was introduced by Senators Klobuchar and Crapo on September 10,
2009, and referred to the Committee on Environment and Public
Works. The bill was considered at a business meeting held by
the Committee on December 10, 2009. At the meeting, Senators
Klobuchar and Crapo offered a substitute amendment which was
agreed to by voice vote and the bill was ordered favorably
reported, as amended.
The Act's primary purpose is to amend the Toxic Substances
Control Act to establish national emissions standards for
formaldehyde in domestic and imported composite wood products.
Background and Need for Legislation
Formaldehyde (chemical formula CH2O) is the most
reactive of the aldehyde family of chemicals. It exists at room
temperature as a colorless gas with a strong, pungent smell.
Formaldehyde is commonly used in the U.S in the production of
urea-formaldehyde resins used in the manufacturing of composite
wood products.\1\ The highest levels of airborne formaldehyde
have been detected in indoor air, where it is released from
various composite wood consumer products, such as cabinetry and
household furnishings. One survey reported formaldehyde levels
ranging from 0.10 to 3.68 parts per million (ppm) in homes, and
found higher levels in new manufactured housing than in older
conventional homes.\2\ Higher concentrations of formaldehyde
generally occur in residences that have relatively stagnant
air, higher temperatures, and higher humidity.
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\1\U.S. Department of Health and Human Services Public Health
Service, Agency for Toxic Substances and Disease Registry (ATSDR),
``Toxicological Profile for Formaldehyde'' (Draft), Atlanta, GA. 1997.
\2\U.S. Environmental Protection Agency (EPA), ``Health and
Environmental Effects Profile for Formaldehyde'' (EPA/600/x-85/362)
(1988); J.D. Spengler, J.F. McCarthy, J.M. Samet, ``Indoor Air Quality
Handbook,'' McGraw-Hill Professional, New York, (2000).
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The major toxic effects caused by acute formaldehyde
exposure via inhalation are nose, and throat irritation and
effects on the nasal cavity, and acute exposure to formaldehyde
vapors causes eye irritation.\3\ Other effects seen from
exposure to high levels of formaldehyde in humans are coughing,
wheezing, chest pains, and bronchitis.\4\ Animal tests using
rats and rabbits shows that formaldehyde has high acute
toxicity from inhalation, oral, and dermal exposure.\5\ Chronic
exposure to formaldehyde by inhalation in humans has been
associated with adverse respiratory symptoms and eye, nose, and
throat irritation.\6\
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\3\EPA, ``Health and Environmental Effects Profile for
Formaldehyde'' (EPA/600/x-85/362) (1988); World Health Organization
(WHO), ``Environmental Health Criteria for Formaldehyde,'' Volume 89
(1989).
\4\EPA, ``Health and Environmental Effects Profile for
Formaldehyde'' (EPA/600/x-85/362) (1988); World Health Organization
(WHO), ``Environmental Health Criteria for Formaldehyde,'' Volume 89
(1989).
\5\U.S. Department of Health and Human Services, ``National
Toxicology Information Program Registry of Toxic Effects of Chemical
Substances'' (RTECS, online database), National Library of Medicine,
Bethesda, MD (1993).
\6\E.J. Calabrese and E.M. Kenyon, ``Air Toxics and Risk
Assessment'', Lewis Publishers, Chelsea, MI (1991).
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Formaldehyde gas was listed by U.S. Department of Health
and Human Services, National Institute of Environmental Health
Sciences (NIEHS), National Toxicology Program (NTP), in the
Eleventh Report on Carcinogens (RoC) as ``reasonably
anticipated to be a human carcinogen.''\7\ Recently, NIEHS
nominated formaldehyde for possible reconsideration as a
``known carcinogen'' based on the 2004 International Agency For
Research On Cancer (IARC) review, which concluded that there
was sufficient evidence for IARC to determine that formaldehyde
is known to cause cancer in humans.\8\
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\7\U.S. Department of Health and Human Services, Public Health
Service, National Toxicology Program, ``Report on Carcinogens, Eleventh
Edition''; online at: http://ntp.niehs.nih.gov/ntp/roc/toc11.html.
\8\International Agency for Research on Cancer, Press Release:
``IARC Classifies Formaldehyde as Carcinogenic to Humans'' (June 15,
2004); online at: http://www.iarc.fr/en/media-centre/pr/2004/
pr153.html.
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In the Clean Air Act Amendments of 1990, Congress
identified formaldehyde as a hazardous air pollutant (HAP) for
which the U.S. Environmental Protection Agency (EPA) was
required to establish emission standards for major and area
sources under section 112 of the Clean Air Act, 42 U.S.C. 7412.
The EPA has also initiated a proceeding to investigate whether
to take regulatory action to control the levels of formaldehyde
emitted from composite wood products.\9\ U.S. Department of
Housing and Urban Development (HUD) regulations at 24 C.F.R.
Part 3280 (49 Fed. Reg. 31996 (Aug. 9, 1984), promulgated under
the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5401-5427), provide standards
for formaldehyde emissions from plywood and particleboard
materials installed in manufactured homes. With the exception
of the HUD regulations regarding manufactured homes,
formaldehyde emissions from composite wood products are not
currently regulated by the federal government.
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\9\EPA, Advanced Notice of Proposed Rulemaking, ``Formaldehyde
Emissions from Pressed Wood Products,'' 73 Fed. Reg. 73620 (December 3,
2008).
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In July 1992, after scientific peer review, the California
Air Resources Board (CARB) and the Office of Environmental
Health Hazard Assessment issued the Staff Report on
formaldehyde emissions from composite wood products, finding
that formaldehyde is a toxic air contaminant (TAC) with no safe
level of exposure and proposing technology-based emissions
standards. Because CARB identified formaldehyde as a TAC, CARB
was required to prepare a report on the need and appropriate
degree of regulation, if any, to reduce formaldehyde emissions.
Such regulations are called Airborne Toxic Control Measures
(ATCM).
CARB found that exposure to formaldehyde has both non-
cancer (eye, nose, and/or throat irritation) and cancer health
effects (The International Agency for Research on Cancer
determined that there is sufficient evidence that formaldehyde
causes nasopharyngeal cancer in humans). CARB found that
current annual average concentrations of formaldehyde in
ambient air range from 3 to 4 micrograms per cubic meter ( g/
m3) across California, with indoor concentrations typically
many times higher, and that the risk from exposure to annual
average concentrations of formaldehyde in ambient air is about
20 to 24 potential excess cancer cases per million. CARB
estimated that the risk from current total daily formaldehyde
exposure is estimated to range from 86 to 231 excess cancer
cases per million over a lifetime, and from 23 to 63 excess
cancer cases per million due to exposures during childhood.
CARB determined that the ATCM will reduce emissions to ambient
air and very significantly reduce total daily exposures to
formaldehyde, which occur throughout the day in both the
outdoor and indoor environment and pose a serious health risk
to the people of California.\10\
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\10\California Air Resources Board, ``Staff Report: Initial
Statement of Reasons For Proposed Rulemaking: Proposed Airborne Toxic
Control Measure To Reduce Formaldehyde Emissions from Composite Wood
Products'' (March 9, 2007); online at http://www.arb.ca.gov/regact/
2007/compwood07/isor.pdf.
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After an extensive rulemaking and scientific peer review
process, the CARB ATCM for formaldehyde emissions from
composite wood products was finalized in April 2008.\11\ The
CARB ATCM establishes two phases of formaldehyde emission
standards, measured by the American Society for Testing and
Materials (ASTM) test E 1333-96, for certain domestic and
imported composite wood products.\12\
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\11\California Air Resources Board, ``Final Statement of Reasons
For Rulemaking: Airborne Toxic Control Measure To Reduce Formaldehyde
Emissions from Composite Wood Products'' (April 26, 2008); online at:
http://www.arb.ca.gov/regact/2007/compwood07/fro-final.pdf.
\12\Table 1 of section 93120.2(a) of title 17, California Code of
Regulations (July 28, 2009); online at http://www.arb.ca.gov/regact/
2007/compwood07/fro-final.pdf.
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This bill uses currently available technology-based
emissions control measures to reduce formaldehyde emissions
from composite wood products. The bill is intended to promote
commerce through the use of these technology-based standards
for formaldehyde emissions from composite wood products.
Section-by-Section Analysis
Section 1. Short title
Summary
This section provides that the Act may be cited as ``The
Formaldehyde Standards for Composite Wood Products Act.''
Section 2. Formaldehyde standards for composite wood products
Subsection (a)--Amendment
Summary
This section amends the Toxic Substances Control Act (15
U.S.C. 2601, et seq.), by adding a new section 601, which
establishes national emissions standards for formaldehyde in
domestic and imported composite wood products, as follows:
Sec. 601. Formaldehyde Standards
Subsection (a)--Definitions
This subsection defines the following terms:
(1) ``Finished Good'' is generally any product (other than
a panel) containing hardwood plywood, particle board, or medium
density plywood. Excluded from this definition are any
component part or other part used in the assembly of a finished
good, or any finished good previously sold or supplied to an
individual or entity that purchased or acquired it in good
faith for purposes other than resale, such as antique or
secondhand furniture.
(2) ``Hardboard'' is a composite panel composed of
cellulosic fibers manufactured with a wet process using no
resins or resins that have no added formaldehyde.
(3) ``Hardwood Plywood' is generally a hardwood or
decorative panel that is (i) intended for interior use; and
(ii) 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 a lumber
core, particleboard core, medium-density fiberboard core,
hardboard core, or any other special core or special back
material. Excluded from this definition are any military-
specified plywood, curved plywood, or any other product
specified in two voluntary industry standards for structural
plywood and structural panels.
``Laminated Product'' is a product in which a wood veneer
is affixed to a particleboard platform, a medium-density
fiberboard platform, or a veneer-core platform, and that is 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
Administrator of the EPA is required to conduct a rulemaking
pursuant to subsection (d) that uses all relevant information
from State authorities (including the California Air Resources
Board), industry, and other available sources to determine, at
the discretion of the Administrator, whether the definition of
``hardwood plywood'' should exempt any ``laminated product.''
The Administrator may also modify the definition of ``laminated
product,'' before including it in the regulations.
(4) ``Medium-Density Fiberboard'' is 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)).
(5) ``No-Added Formaldehyde-Based Resin'' is generally 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).
A ``no-added formaldehyde-based resin'' may include any such
resin made from soy, polyvinyl acetate, or methylene
diisocyanate.
(6) ``Particleboard'' is generally 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)). Excluded from this
definition is any product specified in the standard entitled
`Voluntary Product Standard-Performance Standard for Wood-Based
Structural-Use Panels' and numbered PS 2-04 (or a successor
standard).
(7) ``Ultra Low-Emitting Formaldehyde Resin'' is generally
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). An ``ultra low-emitting formaldehyde resin'' may
include melamine-urea-formaldehyde resin, phenol formaldehyde
resin, and resorcinol formaldehyde resin.
Discussion
As introduced, S. 1660 specifically included any
``laminated product'' in the definition of ``hardwood
plywood.'' The substitute amendment instead requires that EPA
conduct a rulemaking to address the issue of whether laminated
products should be included. The California Air Resources Board
(CARB) is continuing to assess whether to regulate laminated
products. As part of the rulemaking process, S. 1660 requires
that EPA use all relevant information from State authorities
(including CARB), industry, and other available sources to
determine, at the discretion of the Administrator, whether the
definition of ``hardwood plywood'' should exempt any
``laminated product'' from having to comply with the bill's
technology-based emissions control requirements. In addition,
EPA is specifically given discretion to modify the definition
of ``laminated product'' in the regulations.
The legislation provides an exemption for qualifying
``laminated products.'' These are component parts of finished
goods on which wood veneers have been affixed. There is a
further requirement that the component part must be produced by
the manufacturer or fabricator of the finished good in which it
is incorporated. It is the intent of this provision that
entities that are a parent and wholly owned subsidiary or
sister companies wholly owned by another entity would satisfy
this requirement. For instance, if the laminated product were
made by one company and then incorporated into a finished good
by a sister company, both of which were wholly owned by a
parent company, it would qualify for the exemption. This would
also apply to second or further tier subsidiaries so long as
there were wholly owned relationships through the chain. The
committee also recognizes the need for EPA to consider options
to help reduce the administrative costs of complying with new
standards for suppliers of veneered hardwood plywood component
pieces used to make finished goods such as kitchen cabinets and
furniture.
As introduced, S. 1660 specifically included ``manufactured
housing'' and ``recreational vehicles'' in the definition of a
``finished product.'' U.S. Department of Housing and Urban
Development (HUD) regulations at 24 C.F.R. Part 3280 (49 Fed.
Reg. 31996 (Aug. 9, 1984), promulgated under the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401-5427), provide standards for formaldehyde
emissions from plywood and particleboard materials installed in
manufactured homes. In order to avoid overlapping regulations,
the substitute amendment removed the inclusion of manufactured
homes from the definition of a ``finished product,'' and
instead requires that HUD update its regulation at 24 C.F.R.
Sec. 3280.308, to ensure that the regulation reflects the
standards established by section 601 of TSCA. Although the
substitute amendment removed ``recreational vehicles'' from the
definition of ``finished good,'' recreational vehicles are
covered by the bill because they are specifically excepted from
the exemption from the formaldehyde emission standard in
section 601(c)(10) for composite wood products used inside new
vehicles.
The bill's treatment of ``No-Added Formaldehyde-Based
Resin'' is an important aspect of the technology-based approach
adopted by this bill. While the bill includes the best
currently available technological controls for covered
emissions, technological advances such as ``No-Added
Formaldehyde-Based Resin'' may, in some circumstances, play a
valuable role by reducing or eliminating the need for
additional technology-based controls. The Committee expects
that the EPA and market forces will provide a range of
technology-based solutions to reduce or, in some cases,
eliminate formaldehyde emissions.
Subsection (b)--Requirement
Summary
This subsection provides that, except as provided in the
applicable sell-through regulation promulgated pursuant to
subsection (d), effective 180 days after the date of
promulgation of regulations by EPA, the CARB ATCM standard for
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 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.
Discussion
As introduced, S. 1660 would have made the formaldehyde
emission standard for composite wood products effective within
180 days of enactment. The substitute amendment provides that
the standard will become effective 180 days after EPA
promulgates the regulations required under subsection (d). This
change in the effective date will allow sufficient time for
industry to comply with the requirements and sufficient
flexibility for EPA to promulgate and implement the
regulations. This is intended to help industries that have a
uniquely long period of time between the date of manufacture
and the date of sale.
Subsection (c)--Exemptions
Summary
This subsection provides exemptions from the formaldehyde
emission standard for hardboard, structural plywood, structural
panels, structural composite lumber, orient strand board, glue
laminated lumber, prefabricated wood I-joists, finger-jointed
lumber, 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. Most of the products exempted in subsection
(c) are defined by reference to applicable industry standards.
Discussion
This legislation covers three products--particleboard,
medium density fiberboard (``MDF''), and hardwood plywood, both
in their panel form and when incorporated into finished
products. For clarity, the legislation specifically exempts
certain other products such as softwood plywood, hardboard,
oriented strand board and others. These products are distinct
from the three covered products, but are identified and
specifically exempted to avoid any confusion.
Subsection (d)--Regulations
Summary
This subsection requires EPA to promulgate regulations by
January 1, 2012, to implement the formaldehyde emission
standard in a manner that ensures that compliance with this
bill's technology-based emissions control measures is
equivalent to compliance with the CARB ATCM standard. The
regulations must include provisions relating to labeling, chain
of custody requirements, sell-through provisions, ultra low-
emitting formaldehyde resins, no-added formaldehyde-based
resins, finished goods, third-party testing and certification,
auditing and reporting of third-party certifiers,
recordkeeping, enforcement, and laminated products.
Subsection (d) also requires that by July 1, 2012, EPA, in
coordination with the U.S. Department of Homeland Security,
Customs and Border Protection, and other appropriate Federal
departments and agencies, revise regulations promulgated
pursuant to section 13 of TSCA, relating to import regulations.
Subsection (d) further provides that EPA may modify, by
regulation, any reference to an industry standard contained in
section 601 of TSCA if the standard is subsequently updated.
Subsection (e)--Prohibited acts
Summary
This subsection provides that a violation of any
requirement under Section 601 of TSCA, including regulation
promulgated under subsection (d), constitutes a prohibited act
under section 15 of TSCA.
Subsection (b)--Conforming amendment
This subsection of S. 1660 amends the table of contents of
TSCA to include section 601.
Section 3. Reports to Congress
This section requires EPA to provide a report to Congress
by December 31, 2010, and annually thereafter through December
31, 2014, describing the status of measures taken or planned to
be carried out pursuant to section 601 of TSCA and the extent
of industry compliance with the requirements of section 601.
Section 4. Modification of regulations
Summary
This section requires that, within 180 days of enactment,
the U.S. Department of Housing and Urban Development (HUD) must
update its regulation at 24 C.F.R. Sec. 3280.308, relating to
formaldehyde emission standards for plywood and particleboard
materials installed in manufactured homes, to ensure that the
HUD regulation reflects the standards established pursuant to
section 601 of TSCA.
Legislative History
S. 1660 was introduced by Senators Klobuchar and Crapo on
September 10, 2009. The bill was read twice and referred to the
Senate Committee on Environment and Public Works. On December
2, 2009, the Full Committee and Subcommittee on Superfund,
Toxics and Environmental Health held a joint hearing entitled,
``Oversight Hearing on the Federal Toxic Substances Control
Act.'' At the hearing, Senator Klobuchar posed questions to EPA
Administrator Jackson about federal regulations for
formaldehyde in composite wood products. On December 10, 2009,
the full Committee on Environment and Public Works considered
S. 1660 and ordered favorably reported a substitute amendment.
Hearings
The Committee did not hold a legislative hearing on S.
1660.
Rollcall Votes
There were no rollcall votes. The Committee on Environment
and Public Works met to consider S. 1660 on December 10, 2009.
A quorum of the Committee being present, S. 1660 was reported
favorably as amended by a voice vote.
Regulatory Impact Statement
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee states that there
are not expected to be significant costs to private entities
under this legislation.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee finds that S. 1660 would
impose no Federal intergovernmental unfunded mandates on State,
local, or tribal governments.
Congressional Budget Office Cost Estimate
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
January 7, 2010.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1660, the
Formaldehyde Standards for Composite Wood Products Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1660--Formaldehyde Standards for Composite Wood Products Act
S. 1660 would apply the California formaldehyde emission
standard to hardwood plywood, medium-density fiberboard, and
particle board that is sold, supplied, offered for sale, or
manufactured in the United States. The bill would prescribe
several exemptions. Under this legislation, the Environmental
Protection Agency (EPA) would be required to issue regulations
to implement that standard no later than January 1, 2012, and
revise regulations relating to the importation of products
covered under this legislation no later than July 1, 2011. EPA
also would be required to provide annual reports to the
Congress through 2014 on the status of implementing the
standard. Finally, within 180 days of enactment, the Secretary
of Housing and Urban Development would be required to update
regulations relating to formaldehyde emission levels of
products installed in manufactured homes.
CBO estimates that implementing this legislation would cost
about $3 million over the 2010-2011 period, assuming
availability of appropriated funds, to issue regulations and
prepare reports. Enacting the bill would not affect direct
spending or revenues.
S. 1660 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
Requiring manufacturers, sellers, suppliers and importers
of composite wood products to meet a national standard for
formaldehyde emissions would constitute a private-sector
mandate as defined in UMRA. Because of uncertainty about the
extent to which entities would already be in compliance with
the requirements in the bill, CBO cannot determine whether the
cost of the mandate would exceed the annual threshold
established in UMRA for private-sector mandates ($141 million
in 2010, adjusted annually for inflation).
The national standard would be based on the standard
established by the California Air Resources Board (CARB) which
is currently being phased in by the state of California. CARB
estimated that the cost of complying with the state standard
would exceed $100 million. According to information from the
industry, the cost to comply with a national standard would
significantly exceed the cost of the CARB standard. At the same
time, industry sources indicate that a significant portion of
the industry nationwide already complies with the standard for
formaldehyde emissions established by CARB.
The CBO staff contacts for this estimate are Susanne S.
Mehlman (for Federal costs) and Amy Petz (for the impact on the
private-sector).
This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
TOXIC SUBSTANCES CONTROL ACT
* * * * * * *
TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS
SEC. 501. GRANTS FOR HEALTHY SCHOOL ENVIRONMENTS.
(a) In General.--The Administrator, in consultation with the
Secretary of Education, may provide grants to States for use
in--
(1)* * *
* * * * * * *
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) Inclusions.--The term `finished good'
includes--
(i) manufactured housing; and
(ii) recreational vehicles.
(C) 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) Hardwood plywood.--
(A) In general.--The term `hardwood plywood'
means a hardwood or decorative panel that is--
(i) intended for interior use; and
(ii) 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--
(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) a laminated product;
(ii) military-specified plywood;
(iii) curved plywood; or
(iv) any other product specified in--
(I) the standard entitled
`Voluntary Product Standard-
Structural Plywood' and
numbered PS 1-07 (or a
successor standard); or
(II) the standard entitled
`Voluntary Product Standard-
Performance Standard for Wood-
Based Structural-Use Panels'
and numbered PS 2-04 (or a
successor standard).
(3) Laminated product.--The term `laminated product'
means a product--
(A) in which a wood veneer is affixed to--
(i) a particleboard platform;
(ii) a medium-density fiberboard
platform; or
(iii) a veneer-core platform; and
(B) that is--
(i) a component part;
(ii) used in the construction or
assembly of a finished good; and
(iii) produced by the manufacturer or
fabricator of the finished good in
which the product is incorporated.
(4) Medium-density fiberboard.--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)).
(5) No-added formaldehyde-based resin.--
(A) In general.--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).
(B) Inclusions.--The term `no-added
formaldehyde-based resin' may include any resin
made from--
(i) soy;
(ii) polyvinyl acetate; or
(iii) methylene diisocyanate.
(6) 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 (or a successor standard)).
(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 (or a
successor standard).
(7) Ultra low-emitting formaldehyde resin.--
(A) In general.--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).
(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.
(b) Requirement.--
(1) In general.--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.
(2) 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 (or a successor
standard);
(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 (or a successor standard);
(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 (or a successor standard);
(5) oriented strand board;
(6) glued laminated lumber, as specified in the
standard entitled `Structural Glued Laminated Timber'
and numbered ANSI A190.1-2002 (or a successor
standard);
(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 (or a successor standard);
(8) finger-jointed lumber;
(9) wood packaging (including pallets, crates,
spools, and dunnage); or
(10) 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.
(d) Regulations.--
(1) In general.--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).
(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; and
(J) enforcement.
(3) Import regulations.--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.
(4) 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.
(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.
* * * * * * *
TABLE OF CONTENTS
TITLE I--CONTROL OF TOXIC SUBSTANCES
Sec. 1. Short title and table of contents.
Sec. 2. Findings, policy and intent.
Sec. 3. Definitions.
Sec. 4. Testing of chemical substances and mixtures.
Sec. 5. Manufacturing and processing notices.
Sec. 6. Regulation of hazardous chemical substances and mixtures.
Sec. 7. Imminent hazards.
Sec. 8. Reporting and retention of information.
Sec. 9. Relationship to other Federal laws.
Sec. 10. Research, development, collection, dissemination, and
utilization of data.
Sec. 11. Inspections and subpoenas.
Sec. 12. Exports.
Sec. 13. Entry into customs territory of the United States.
Sec. 14. Disclosure of data.
Sec. 15. Prohibited acts.
Sec. 16. Penalties.
Sec. 17. Specific enforcement and seizure.
Sec. 18. Preemption.
Sec. 19. Judicial review.
Sec. 20. Citizens' civil actions.
Sec. 21. Citizens' petitions.
Sec. 22. National defense waiver.
Sec. 23. Employee protection.
Sec. 24. Employment effects.
Sec. 25. Studies.
Sec. 26. Administration of the Act.
Sec. 27. Development and evaluation of test methods.
Sec. 28. State programs.
Sec. 29. Authorization for appropriations.
Sec. 30. Annual report.
Sec. 31. Effective date.
TITLE II--ASBESTOS HAZARD EMERGENCY RESPONSE
Sec. 201. Congressional findings and purpose.
Sec. 202. Definitions.
Sec. 203. EPA Regulations.
Sec. 204. Requirements if EPA fails to promulgate regulations.
Sec. 205. Submission to State Governor.
Sec. 206. Contractor and laboratory accreditation.
Sec. 207. Enforcement.
Sec. 208. Emergency authority.
Sec. 209. State and Federal law.
Sec. 210. Asbestos contractors and local educational agencies.
Sec. 211. Public protection.
Sec. 212. Asbestos ombudsman.
Sec. 213. EPA study of asbestos-containing material in public buildings.
Sec. 214. Transition rules.
Sec. 215. Worker protection.
Sec. 216. Training grants.
TITLE III--INDOOR RADON ABATEMENT
Sec. 301. National goal.
Sec. 302. Definitions.
Sec. 303. EPA Citizen's guide.
Sec. 304. Model construction standards and techniques.
Sec. 305. Technical assistance to State for radon programs.
Sec. 306. Grant assistance to States for radon programs.
Sec. 307. Radon in schools.
Sec. 308. Regional radon training centers.
Sec. 309. Study of radon in Federal buildings.
Sec. 310. Regulations.
Sec. 311. Additional authorizations.
TITLE IV--LEAD EXPOSURE REDUCTION
Sec. 401. Definitions.
Sec. 402. Lead-based paint activities training and certification.
Sec. 403. Identification of dangerous levels of lead.
Sec. 404. Authorized State programs.
Sec. 405. Lead abatement and measurement.
Sec. 406. Lead hazard information pamphlet.
Sec. 407. Regulations.
Sec. 408. Control of lead-based paint hazards at Federal facilities.
Sec. 409. Prohibited acts.
Sec. 410. Relationship to other Federal law.
Sec. 411. General provisions relating to administrative proceedings.
Sec. 412. Authorization of appropriations.
TITLE V--HEALTHY HIGH-PERFORMANCE SCHOOLS
Sec. 501. Grants for healthy school environments.
Sec. 502. Model guidelines for siting of school facilities.
Sec. 503. Public outreach.
Sec. 504. Environmental health program.
Sec. 505. Authorization of appropriations.
TITLE VI--FORMALDEHYDE STANDARDS FOR COMPOSITE WOOD PRODUCTS
Sec. 601. Formaldehyde standards.
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