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

hardwood plywood; particleboard; or medium-density fiberboard. any component part or other part used in the assembly of a finished good; or an antique; or secondhand furniture. The term “hardboard” has such meaning as the Administrator shall establish, by regulation, pursuant to subsection (d). intended for interior use; and lumber core; particleboard core; medium-density fiberboard core; hardboard core; or any other special core or special back material. military-specified plywood; curved plywood; or the standard entitled “Voluntary Product Standard—Structural Plywood” and numbered PS 1–07; or the standard entitled “Voluntary Product Standard—Performance Standard for Wood-Based Structural-Use Panels” and numbered PS 2–04. 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. 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). 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 “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)). 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). each of which meet applicable State and local building codes of the area in which the home will be located; and that are transported to the home building site, installed on foundations, and completed. one test conducted pursuant to test method ASTM E–1333–96 (2002) or, subject to clause (ii), ASTM D–6007–02; and 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. 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. soy; polyvinyl acetate; or methylene diisocyanate. 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). 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. 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). 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. The term “recreational vehicle” has the meaning given the term in section 3282.8 of title 24, Code of Federal Regulations (as in effect on the date of promulgation of regulations pursuant to subsection (d)). 2 quarterly tests conducted pursuant to test method ASTM E–1333–96 (2002) or, subject to clause (ii), ASTM D–6007–02; and 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. 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. melamine-urea-formaldehyde resin; phenol formaldehyde resin; and resorcinol formaldehyde resin. For hardwood plywood, no higher than 0.05 parts per million of formaldehyde. 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 no test result higher than 0.09 parts per million of formaldehyde. 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 no test result higher than 0.08 parts per million of formaldehyde. 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 no test result higher than 0.11 parts per million of formaldehyde. 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). 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. 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 hardwood plywood, medium-density fiberboard, and particleboard sold, supplied, offered for sale, or manufactured in the United States. For hardwood plywood with a veneer core, 0.05 parts per million of formaldehyde. 0.08 parts per million of formaldehyde for any period after the effective date described in paragraph (1) and before July 1, 2012 ; and 0.05 parts per million of formaldehyde, effective on the later of the effective date described in paragraph (1) or July 1, 2012 . 0.21 parts per million of formaldehyde for any period after the effective date described in paragraph (1) and before July 1, 2011 ; and 0.11 parts per million of formaldehyde, effective on the later of the effective date described in paragraph (1) or July 1, 2011 . 0.21 parts per million of formaldehyde for any period after the effective date described in paragraph (1) and before July 1, 2012 ; and 0.13 parts per million of formaldehyde, effective on the later of the effective date described in paragraph (1) or July 1, 2012 . 0.18 parts per million of formaldehyde for any period after the effective date described in paragraph (1) and before July 1, 2011 ; and 0.09 parts per million of formaldehyde, effective on the later of the effective date described in paragraph (1) or July 1, 2011 . quarterly tests shall be 1 conducted pursuant to test method ASTM E–1333–96 (2002) or, subject to subparagraph (B), ASTM D–6007–02; and 1 So in original. quality control tests shall be 1 conducted pursuant to ASTM D–6007–02, ASTM D–5582, or such other test methods as may be established by the Administrator through rulemaking. 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. Except where otherwise specified, the Administrator shall establish through rulemaking the number and frequency of tests required to demonstrate compliance with the emission standards. in the form of an unfinished panel; or incorporated into a finished good. hardboard; structural plywood, as specified in the standard entitled “Voluntary Product Standard—Structural Plywood” and numbered PS 1–07; structural panels, as specified in the standard entitled “Voluntary Product Standard—Performance Standard for Wood-Based Structural-Use Panels” and numbered PS 2–04; structural composite lumber, as specified in the standard entitled “Standard Specification for Evaluation of Structural Composite Lumber Products” and numbered ASTM D 5456–06; oriented strand board; glued laminated lumber, as specified in the standard entitled “Structural Glued Laminated Timber” and numbered ANSI A190.1–2002; 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; finger-jointed lumber; wood packaging (including pallets, crates, spools, and dunnage); the subject of a retail sale; or registered with the appropriate State agency or authority responsible for motor vehicles or with any foreign state, province, or country; rail car; boat; aerospace craft; or aircraft; 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 the doors are made from composite wood products manufactured with no-added formaldehyde-based resins or ultra low-emitting formaldehyde resins; or 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. 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). 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; laminated products; and exceptions from the requirements of regulations promulgated pursuant to this subsection for products and components containing de minimis amounts of composite wood products. 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 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 products or finished goods, shall not be subject to the formaldehyde emission standard requirements under subsection (b)(1). prohibit the stockpiling of inventory to be sold after the designated date of manufacture; and 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. 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 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 manufactured or purchased during a base period (as determined by the Administrator) ending before July 7, 2010 . Not later than July 1, 2013 , the Administrator, 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 Administrator determines to be necessary to ensure compliance with this section. 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. 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 2614 of this title .