15 U.S.C. § 2697 — Formaldehyde standards

Page 1937 TITLE 15—COMMERCE AND TRADE § 2697 of title 42 receives and makes available informa- tion on the exposure of children to environ- mental hazards in school facilities, as provided by the Administrator. (Pub. L. 94–469, title V, § 503, as added Pub. L. 110–140, title IV, § 461(a), Dec. 19, 2007, 121 Stat. 1640.) § 2695c. Environmental health program (a) In general Not later than 2 years after December 19, 2007, the Administrator, in consultation with the Sec- retary of Education, the Secretary of Health and Human Services, and other relevant agencies, shall issue voluntary guidelines for use by the State in developing and implementing an envi- ronmental health program for schools that— (1) takes into account the status and find- ings of Federal initiatives established under this subchapter or subtitle C of title IV of the Energy Independence and Security Act of 2007 [42 U.S.C. 17091 et seq.] and other relevant Fed- eral law with respect to school facilities, in- cluding relevant updates on trends in the field, such as the impact of school facility environ- ments on student and staff— (A) health, safety, and productivity; and (B) disabilities or special needs; (2) takes into account studies using relevant tools identified or developed in accordance with section 492 of the Energy Independence and Security Act of 2007 [42 U.S.C. 17122]; (3) takes into account, with respect to school facilities, each of— (A) environmental problems, contami- nants, hazardous substances, and pollutant emissions, including— (i) lead from drinking water; (ii) lead from materials and products; (iii) asbestos; (iv) radon; (v) the presence of elemental mercury re- leases from products and containers; (vi) pollutant emissions from materials and products; and (vii) any other environmental problem, contaminant, hazardous substance, or pol- lutant emission that present or may present a risk to the health of occupants of the school facilities or environment; (B) natural day lighting; (C) ventilation choices and technologies; (D) heating and cooling choices and tech- nologies; (E) moisture control and mold; (F) maintenance, cleaning, and pest con- trol activities; (G) acoustics; and (H) other issues relating to the health, comfort, productivity, and performance of occupants of the school facilities; (4) provides technical assistance on siting, design, management, and operation of school facilities, including facilities used by students with disabilities or special needs; (5) collaborates with federally funded pedi- atric environmental health centers to assist in on-site school environmental investigations; (6) assists States and the public in better un- derstanding and improving the environmental health of children; and (7) takes into account the special vulner- ability of children in low-income and minority communities to exposures from contaminants, hazardous substances, and pollutant emis- sions. (b) Public outreach The Federal Director and Commercial Direc- tor shall ensure, to the maximum extent prac- ticable, that the public clearinghouse estab- lished under section 423 of the Energy Independ- ence and Security Act of 2007 [42 U.S.C. 17083] re- ceives and makes available— (1) information from the Administrator that is contained in the report described in section 2695b(a) of this title; and (2) information on the exposure of children to environmental hazards in school facilities, as provided by the Administrator. (Pub. L. 94–469, title V, § 504, as added Pub. L. 110–140, title IV, § 461(a), Dec. 19, 2007, 121 Stat. 1641.) Editorial Notes REFERENCES IN TEXT The Energy Independence and Security Act of 2007, referred to in subsec. (a)(1), is Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1492. Subtitle C of title IV of the Act en- acted part C (§ 17091 et seq.) of subchapter III of chapter 152 of Title 42, The Public Health and Welfare, amended sections 6832, 6834, 8253, and 8254 of Title 42, and enacted provisions set out as a note under section 6834 of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 17001 of Title 42 and Tables. § 2695d. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter $1,000,000 for fiscal year 2009, and $1,500,000 for each of fiscal years 2010 through 2013, to remain available until ex- pended. (Pub. L. 94–469, title V, § 505, as added Pub. L. 110–140, title IV, § 461(a), Dec. 19, 2007, 121 Stat. 1642.) SUBCHAPTER VI—FORMALDEHYDE STAND- ARDS FOR COMPOSITE WOOD PRODUCTS § 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 in- clude— (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 fin- ished good in good faith for purposes other than resale, such as— Page 1938 TITLE 15—COMMERCE AND TRADE § 2697 (I) an antique; or (II) secondhand furniture. (2) Hardboard The term ‘‘hardboard’’ has such meaning as the Administrator shall establish, by regula- tion, pursuant to subsection (d). (3) 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–1–2009) 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 in- clude— (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 Stand- ard for Wood-Based Structural-Use Pan- els’’ and numbered PS 2–04. (C) Laminated products (i) Rulemaking (I) In general The Administrator shall conduct a rulemaking process pursuant to sub- section (d) that uses all available and relevant information from State au- thorities, industry, and other available sources of such information, and ana- lyzes that information to determine, at the discretion of the Administrator, whether the definition of the term ‘‘hardwood plywood’’ should exempt en- gineered veneer or any laminated prod- uct. (II) Modification The Administrator may modify any as- pect 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 as- sembly 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 ef- fect on the date of promulgation of regula- tions pursuant to subsection (d)). (5) 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). (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 build- ing site, installed on foundations, and com- pleted. (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 estab- lished by the Administrator through rule- making. (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 Ad- ministrator 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 Page 1939 TITLE 15—COMMERCE AND TRADE § 2697 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 to- gether 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 enti- tled ‘‘Voluntary Product Standard—Per- formance Standard for Wood-Based Struc- tural-Use Panels’’ and numbered PS 2–04. (9) Recreational vehicle The term ‘‘recreational vehicle’’ has the meaning given the term in section 3282.8 of title 24, Code of Federal Regulations (as in ef- fect on the date of promulgation of regula- tions pursuant to subsection (d)). (10) Ultra low-emitting formaldehyde resin (A) In general (i) The term ‘‘ultra low-emitting formalde- hyde resin’’ means a resin in a composite wood product that meets the emission stand- ards 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 estab- lished by the Administrator through rule- making. (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 Ad- ministrator through rulemaking. (B) Inclusions The term ‘‘ultra low-emitting formalde- hyde 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), re- duce the testing requirements for a manu- facturer 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 formalde- hyde. (II) For medium-density fiberboard— (aa) no higher than 0.06 parts per mil- lion of formaldehyde for 90 percent of 6 months of routine quality control test- ing 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 mil- lion of formaldehyde for 90 percent of 6 months of routine quality control test- ing 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 fiber- board— (aa) no higher than 0.08 parts per mil- lion of formaldehyde for 90 percent of 6 months of routine quality control test- ing 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 cer- tification requirements unless its product made with ultra low-emitting formaldehyde resin meets the following emission stand- ards: (I) No higher than 0.04 parts per million of formaldehyde for 90 percent of 6 months of routine quality control testing data re- quired under subparagraph (A)(ii). (II) No test result higher than 0.05 parts per million of formaldehyde for hardwood plywood and 0.06 parts per million for particleboard, medium-density fiberboard, and thin medium-density fiberboard. (b) Requirement (1) In general Except as provided in an applicable sell- through regulation promulgated pursuant to subsection (d), effective beginning on the date that is 180 days after the date of promulgation of those regulations, the emission standards described in paragraph (2), shall apply to hard- wood 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 para- graph (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 com- posite core— (i) 0.08 parts per million of formaldehyde for any period after the effective date de- scribed in paragraph (1) and before July 1, 2012; and (ii) 0.05 parts per million of formalde- hyde, 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 de- scribed in paragraph (1) and before July 1, 2011; and (ii) 0.11 parts per million of formalde- hyde, effective on the later of the effective date described in paragraph (1) or July 1, 2011. Page 1940 TITLE 15—COMMERCE AND TRADE § 2697 1 So in original. (D) For thin medium-density fiberboard— (i) 0.21 parts per million of formaldehyde for any period after the effective date de- scribed in paragraph (1) and before July 1, 2012; and (ii) 0.13 parts per million of formalde- hyde, 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 de- scribed in paragraph (1) and before July 1, 2011; and (ii) 0.09 parts per million of formalde- hyde, 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— (i) quarterly tests shall be 1 conducted pur- suant to test method ASTM E–1333–96 (2002) or, subject to subparagraph (B), ASTM D–6007–02; and (ii) quality control tests shall be 1 con- ducted 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 subpara- graph (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 rule- making the number and frequency of tests re- quired to demonstrate compliance with the emission standards. (4) Applicability The formaldehyde emission standard re- ferred to in paragraph (1) shall apply regard- less of whether an applicable hardwood ply- wood, 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 Stand- ard—Structural Plywood’’ and numbered PS 1–07; (3) structural panels, as specified in the standard entitled ‘‘Voluntary Product Stand- ard—Performance Standard for Wood-Based Structural-Use Panels’’ and numbered PS 2–04; (4) structural composite lumber, as specified in the standard entitled ‘‘Standard Specifica- tion 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 Lami- nated 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 vehi- cle) 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, prov- ince, or country; (B) rail car; (C) boat; (D) aerospace craft; or (E) aircraft; (11) windows that contain composite wood products, if the window product contains less than 5 percent by volume of hardwood ply- wood, particleboard, or medium-density fiber- board, combined, in relation to the total vol- ume 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-emit- ting 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 Adminis- trator shall promulgate regulations to imple- ment 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 res- ins; (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; Page 1941 TITLE 15—COMMERCE AND TRADE § 2701 (K) laminated products; and (L) exceptions from the requirements of regulations promulgated pursuant to this subsection for products and components con- taining de minimis amounts of composite wood products. The Administrator shall not provide under subparagraph (L) exceptions to the formalde- hyde emission standard requirements in sub- section (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 fin- ished goods containing regulated composite wood products (including recreational vehi- cles, manufactured homes, and modular homes), shall— (i) be based on a designated date of man- ufacture (which shall be no earlier than the date 180 days following the promulga- tion 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 com- posite wood products or finished goods containing regulated composite wood prod- ucts, manufactured before the designated date of manufacture of the composite wood 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 prod- ucts manufactured before the designated date of manufacture. (C) Definition For purposes of this paragraph, the term ‘‘stockpiling’’ means manufacturing or pur- chasing a composite wood product or fin- ished good containing a regulated composite wood product between July 7, 2010, 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 man- ufactured or purchased during a base period (as determined by the Administrator) ending before July 7, 2010. (4) Import regulations Not later than July 1, 2013, the Adminis- trator, in coordination with the Commissioner of U.S. Customs and Border Protection and other appropriate Federal departments and agencies, shall revise regulations promulgated pursuant to section 2612 of this title as the Ad- ministrator determines to be necessary to en- sure 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 re- quirement under this section (including any reg- ulation promulgated pursuant to subsection (d)) shall be considered to have committed a prohib- ited act under section 2614 of this title. (Pub. L. 94–469, title VI, § 601, as added Pub. L. 111–199, § 2(a), July 7, 2010, 124 Stat. 1359; amend- ed Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs and Border Protection’’ in subsec. (d)(4) to reflect the prob- able intent of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Secu- rity, which provided that on or after Feb. 24, 2016, any reference to the ‘‘Commissioner of Customs’’ or the ‘‘Commissioner of the Customs Service’’ would be deemed to be a reference to the Commissioner of U.S. Customs and Border Protection. MODIFICATION OF REGULATION Pub. L. 111–199, § 4, July 7, 2010, 124 Stat. 1367, pro- vided that: ‘‘Not later than 180 days after the date of promulgation of regulations pursuant to section 601(d) of the Toxic Substances Control Act [15 U.S.C. 2697(d)] (as amended by section 2), the Secretary of Housing and Urban Development shall update the regulation con- tained in section 3280.308 of title 24, Code of Federal Regulations (as in effect on the date of enactment of this Act [July 7, 2010]), to ensure that the regulation re- flects the standards established by section 601 of the Toxic Substances Control Act [15 U.S.C. 2697].’’ CHAPTER 54—AUTOMOTIVE PROPULSION RESEARCH AND DEVELOPMENT Sec. 2701. Congressional findings and purpose. 2702. Definitions. 2703. Advanced systems program implementation by Secretary of Energy. 2704. Evaluation by Secretary of Transportation on utilization of advanced technology by auto- mobile industry. 2705. Coordinating and consulting requirements and authorities of Secretary of Energy. 2706. Informational and testing functions of Sec- retary of Energy. 2707. Patents and inventions; statutory provisions applicable; contracts or grants covered. 2708. Comptroller General audit and examination of books, etc.; statutory provisions applica- ble; contracts or grants covered. 2709. Reports to Congress by Secretary of Energy. 2710. Authorization of appropriations. § 2701. Congressional findings and purpose (a) The Congress finds that— (1) existing automobile propulsion systems, on the average, fall short of meeting the long- term goals of the Nation with respect to envi- ronmental protection, and energy conserva- tion;