Hardwood Plywood and Veneer Association Executive O rder W-10-008 State of California

AIR RESOURCES BOARD

EXECUTIVE ORDER W-10-008

Relating to ARB Approval of Third Party Certifiers under Section 93120.4, title 17, California Code of Regul ations



### Hardwood Plywood and Veneer Association

WHEREAS, the Air Resources Board (ARB) has adopted the “Airborne Toxic Control Measure to Reduce Formaldehyde Emissions fr om Composite Wood Products” (the “ATCM”; title 17, California Code of Regulations, sections 93120 – 93120.12), which establishes formaldehyde e mission standards for composite wood products;

WHEREAS, section 93120.3(b) of the ATCM requires th at manufacturers of composite wood products must verify compliance with the formaldehyde emission standards by using a third party certifier approved by ARB;

WHEREAS, the ATCM requires third party certifiers t o: 1) verify the accuracy of the emission test procedures and facilities used by composite wood product manufacturers to conduct formaldehyde emission test s; 2) monitor manufacturer quality assurance programs; and 3) provide independ ent audits and inspections;

WHEREAS, section 93120.4 of the ATCM sets forth the process for the ARB Executive Officer to approve third party certifiers ;

WHEREAS, section 93120.4(b)(1) of the ATCM requires that applications to become ARB-approved third party certifiers must be submitted to the Executive Officer in writing and must contain: 1) evidence of actual field experience in the verification of laboratories and wood products, to demonstrate how applicants will be able to competently perform the requirements for third party certifiers of composite wood products listed in section 93120.12, Appendix 3, of the ATCM; 2) evidence of the ability to properly train and su pervise inspectors; 3) evidence of a current “product certification agency” accredi tation; and 4) a list of the composite wood products that the applicant is apply ing to verify and evidence that the applicant is qualified to verify these pro ducts;

WHEREAS, the Hardwood Plywood and Veneer Associatio n (the “applicant”) submitted an original application dated July 10, 20 08, and deemed complete on July 21, 2008;Hardwood Plywood and Veneer Association Executive Order W-10-008 2

WHEREAS, the original application indicated that th e applicant had a contractual agreement with the subcontractor, Advanced Testing Services, to provide accredited laboratory services;

WHEREAS, the Hardwood Plywood and Veneer Associatio n were issued Executive Order W-08-008, signed on August 4, 2008;

WHEREAS, section 93120.4(b)(4) of the ATCM allows A RB-approved third party certifiers to apply for re-approval by ARB by submi tting an updated application;

WHEREAS, the Hardwood Plywood and Veneer Associatio n submitted an updated application for re-approval to ARB on June 17, 2010;

WHEREAS, the updated application for re-approval fr om the Hardwood Plywood and Veneer Association was deemed complete on July 17, 2010;

WHEREAS, the Executive Officer finds that the compl eted updated application demonstrated the third party certifier’s ability to continue to comply with section 93120.4(b)(1);

WHEREAS, the Executive Officer approved the Hardwoo d Plywood and Veneer Association’s request for re-approval, and it is ap propriate that Executive Order W-08-008 be superseded by this Executive Order W-10 -006;

NOW, THEREFORE, IT IS ORDERED that the Hardwood Ply wood and Veneer Association is hereby approved as a third party cer tifier and is issued the following number designating them as an ARB-approve d third party certifier:

TPC-8

.

BE IT FURTHER ORDERED that the Hardwood Plywood and Veneer Association is an ARB-approved third party certifie r for the following composite wood product: Hardwood Plywood

.

BE IT FURTHER ORDERED that this approval is subject to the following

conditions:

1. The Hardwood Plywood and Veneer Association must provide their ARBapproved third party certifier number to each manuf acturer it has subcontracted with for services, as specified in se ction 93120.12, Appendix 3, of the ATCM.

2. The Hardwood Plywood and Veneer Association and their subcontract laboratory listed in Attachment A, must participate in an inter-laboratory study of their primary and/or secondary chamber fac ilities.Hardwood Plywood and Veneer Association Executive Order W-10-008 3

3. To carry out their functions as a third party ce rtifier under this Executive Order, the Hardwood Plywood and Veneer Association must not use any

subcontractor other than that listed in Attachment A. If the Hardwood Plywood and Veneer Association wish to use a subcon tractor that is not listed in Attachment A, the Hardwood Plywood and Ve neer Association must submit a request to the Executive Officer in w riting and must provide

evidence to demonstrate that the subcontractor can competently perform the tasks for which it is employed. The Hardwood P lywood and Veneer

Association shall not use the new subcontractor unl ess the Executive Officer approves the request in writing.

4. The Hardwood Plywood and Veneer Association shal l immediately notify the Executive Officer if any accreditation or certi fication provided in support of their initial application is renewed, al lowed to expire, or revoked

within the duration of this Executive Order.

BE IT FURTHER ORDERED that this Executive Order W-1 0-008 supersedes Executive Order W-08-008, which was issued on Augus t 4, 2008;

BE IT FURTHER ORDERED that this Executive Order sha ll have a duration of two years from the date it is executed; within 120 days of the expiration of this Executive Order, the third party certifier may appl y for re-approval by submitting an updated application to the Executive Officer as provided in section 93120.4 of

the ATCM.

BE IT FURTHER ORDERED that the Executive Officer ma y review and, for good cause, modify or revoke this Executive Order as pro vided in section 93120.4(d)

of the ATCM. The Executive Officer shall not modif y or revoke this Executive Order without affording the third party certifier t he opportunity for a hearing in accordance with the procedures specified in title 1 7, California Code of Regulations, section 60055.1 et seq.

BE IT FURTHER ORDERED that the third party certifie r must maintain records in electronic or hard copy form for two years, for rev iew by ARB upon request, as specified in section 93120.12, Appendix 3, of the A TCM.

BE IT FURTHER ORDERED that on or before March 1 of each year, the third party certifier must provide an annual report to AR B for the previous calendar year, as specified in section 93120.12, Appendix 3, of the ATCM.

BE IT FURTHER ORDERED that the third party certifie r must notify the Executive Officer in writing within 30 days of any change in their ability to carry out the responsibilities of this Executive Order, o r of any change to their

subcontractor.Hardwood Plywood and Veneer Association Executive Order W-10-008 4

Executed at Sacramento, California this _18 th day of __August ____, 2010.



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__________________________

Janette M. Brooks, Chief Air Quality Measures Branch Stationary Source DivisionHardwood Plywood and Veneer Association Executive Order W-10-008 5



### Attachment A

Subcontractors enlisted by the Hardwood Plywood and Veneer

Association

Executive Order W-10-008

Company Name Company Contact Information Subcontrac tor Function

Advanced Testing Services Advanced Testing Services

610 South Second Street Springfield, Oregon Telephone: (541) 744-3649 Accredited Laboratory