DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

PRELIMINARY DRAFT

Amended Final Regulation Order

AIRBORNE TOXIC CONTROL MEASURE TO REDUCE FORMALDEHYDE 

EMISSIONS FROM COMPOSITE WOOD PRODUCTS

Amend sections 93120-93120.12, title 17, California Code of Regulations, to read as

follows:

[Note: Shown below are staff’s proposed amendments to the original ATCM. All 

proposed regulatory amendments as of the November 20, 2013 workshop are 

shown in strikeout to indicate proposed deletions and underline to indicate 

proposed additions. All proposed regulatory amendments since the 

November 20, 2013 workshop are shown in blue strikeout to indicate proposed 

deletions and blue underline to indicate proposed additions.] 

 

§ 93120. Airborne Toxic Control Measure to Reduce Formaldehyde 

Emissions from Composite Wood Products. 

(a) The Airborne Toxic Control Measure to Reduce Formaldehyde Emissions 

from Composite Wood Products is contained in sections 93120 through 

93120.12.

(b) Purpose. The purpose of this airborne toxic control measure is to reduce 

formaldehyde emissions from composite wood products, and finished goods 

that contain composite wood products, that are sold, offered for sale, 

supplied, used, or manufactured for sale in California. The composite wood 

products covered by this regulation are hardwood plywood, particleboard, and 

medium density fiberboard. 

(c) Applicability. This airborne toxic control measure applies to: 

(1) Manufacturers of hardwood plywood, particleboard, and medium density 

fiberboard that manufacture, sell, offer for sale, or supply these products for 

use in California;

(2) Distributors of hardwood plywood, particleboard, medium density fiberboard,

and finished goods that contain composite wood products, that sell, offer for 

sale, or supply these products or goods for use in California; 

(3) Importers of hardwood plywood, particleboard, and medium density 

fiberboard, and finished goods that contain composite wood products, that 

sell, offer for sale, or supply these products or goods for use in California;
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(4) Fabricators that use hardwood plywood, particleboard, and medium density 

fiberboard to make other laminated products, component parts, and finished 

goods that are sold, offered for sale, or supplied for use in California;

(5) Retailers of hardwood plywood, particleboard, medium density fiberboard,

and finished goods that contain composite wood products, that sell, offer for 

sale, or supply these products or finished goods for use in California; and 

(6) Third party certifiers as defined in title 17, California Code of Regulations, 

section 93120.1.

(d) Exemptions. This airborne toxic control measure does not apply to:

(1) hHardwood plywood, particleboard, medium density fiberboard, and finished 

goods that contain composite wood products that are manufactured, 

distributed, fabricated, imported, sold, offered for sale, or supplied for 

shipment and use outside of California. The person claiming the exemption 

must maintain adequate documentation to demonstrate that the criteria of the 

exemption are met; 

(2) Hardboard made by wet or semi-dry forming that emits no more than 0.06 

ppm formaldehyde using the primary or secondary test method as described 

in section 93120.9; 

(3) cellulosic Cellulosic fiber insulating boards certified to ASTM C208-12 (2012);

(4) military Military specified plywood; 

(5) curved Curved plywood; hardwood plywood with a lumber core or special 

core material;

(6) molded Molded products; 

(7) cross-laminated Cross-laminated timber specified to ANSI/APA PRG 320-

2012 (2012);

(8) finger-jointed Finger-jointed lumber;

(9) structural Structural wood products made with moisture resistant adhesives 

that are certified to Voluntary Product Standard - Structural Plywood (PS 1-

09), Voluntary Product Standard – Performance Standard for Wood-Based

Structural-Use Panels (PS 2-10), “Standard Specification for Evaluation of 

Structural Composite Lumber Products” (ASTM D 5456-11a13), “Structural 

Glued Laminated Timber” (ANSI A190.1-20072012), “Standard Specification 

for Establishing and Monitoring Structural Capacities of Prefabricated Wood IJoists” (ASTM D 5055-11a13), or oriented strand board specified with the 
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Exposure 1 or Exterior bond classification in accordance with PS 2-10, ICC 

Acceptance Criteria or ANSI standards for code compliant applications; or 

(10) “composite Composite wood products” used inside of new vehicles as defined 

in section 430 of the California Vehicle Code (excluding recreational 

vehicles), rail cars, boats, aerospace craft, or aircraft; 

(3)(11) Used goods;

(4)(12) Hardwood plywood and particleboard materials manufactured, sold, supplied 

for installation, or installed in manufactured homes subject to the 

United States Department of Housing and Urban Development regulations 

(24 Code of Federal Regulations, section 3280.308). The person claiming the 

exemption must maintain adequate documentation to demonstrate that the 

criteria of the exemption are met; 

(5)(13) Packaging materials and dunnage;

(6)(14) “Replacement parts” that contain composite wood products that comply with 

the Phase 1 emission standards, labeled in a manner consistent with section 

93120.7(c) to indicate the date that the parts were fabricated prior to the 

effective date for which the parts must contain Phase 2 compliant composite 

wood products;

(7)(15) Windows that contain composite wood products are exempt from the 

requirements of this section if the window product contains less than five 

percent by volume of HWPW, PB, and/or MDF combined in relation to the 

total volume of the finished window product;

(8)(16) Exterior doors and garage doors that contain composite wood products are 

exempt from the requirements of this section if either: (A) the doors are made 

from composite wood products manufactured with no-added formaldehyde 

based resins or ULEF resins; or (B) the doors contain less than three percent 

by volume of HWPW, PB, or MDF combined in relation to the total volume of 

the finished exterior door or garage door; and 

(9)(17) Local government agencies and school districts do not need to comply with 

recordkeeping or product labeling requirements of section 93120.7 unless 

finished goods are being sold, offered for sale, or manufactured for sale in 

California.

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, and 41712, Health and 

Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, and 41712, Health and Safety 

Code.
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§ 93120.1 Definitions. 

(a) For the purposes of this Airborne Toxic Control Measure, the following 

definitions shall apply:

(1) “Accreditation body” means an organization that provides an impartial 

verification of the competency of conformity assessment bodies such as third 

party certifiers.

(1)(2) “ANSI” means the American National Standards Institute. 

(2)(3) “ARB” means the California Air Resources Board.

(3)(4) “ASTM” means the American Society for Testing and Materials.

(4)(5) “Batch” means the amount of composite wood product manufactured during a 

shift (8 or 12 hours, plus or minus one hour of production).

(6) “Coating” means a finish, topcoat, stain, paint, or varnish applied to a 

laminated product or hardwood plywood to protect or beautify a surface. 

(5)(7) “Combination core” means a platform for making hardwood plywood that 

consists of a combination of layers of veneer and particleboard or medium 

density fiberboard.

(6)(8) “Component part” means a fabricated part (e.g., a cabinet door) that contains 

one or more composite wood products and is used in the assembly of finished 

goods.

(7)(9) “Composite core” means a platform for making hardwood plywood or 

laminated products that consists of particleboard and/or medium density 

fiberboard, or combination core. 

(8)(10)“Composite wood products” means hardwood plywood – composite core,

hardwood plywood – veneer core, particleboard, and and medium density 

fiberboard, and thin medium density fiberboard. “Composite wood products” 

does not include hardboard, structural plywood as specified in the Voluntary 

Product Standard - Structural Plywood (PS 1-07), structural panels as 

specified in the Voluntary Product Standard – Performance Standard for 

Wood-Based Structural-Use Panels (PS 2-04), structural composite lumber 

as specified in “Standard Specification for Evaluation of Structural Composite 

Lumber Products” (ASTM D 5456-06), oriented strand board, glued laminated 

timber as specified in “Structural Glued Laminated Timber” (ANSI A190.1-

2002), prefabricated wood I-joists as specified in “Standard Specification for 

Establishing and Monitoring Structural Capacities of Prefabricated Wood IJoists” (ASTM D 5055-05), finger-jointed lumber, or “composite wood 
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products” used inside of new vehicles as defined in section 430 of the 

California Vehicle Code (excluding recreational vehicles), rail cars, boats, 

aerospace craft, or aircraft.

(9)(11) “Curved plywood” means plywood made in a curved press using radio 

frequency curing and including bent plywood made by using steam and/or 

heat to form a flat panel into a bent or curved shape.

(9)(12) “Distributor” means any person to whom a composite wood product or 

finished good is sold or supplied for the purposes of resale or distribution in 

commerce, except that manufacturers and retailers are not “distributors.” In 

some transactions, a distributor may function as a “retailer.”

(10)(13)“Door” means a finished good used to close off a room, closet, or entrance. 

A “door” moves on hinges, slides or rotates, and consists of a movable panel 

or combination of panels, and may include component parts.

(12)(14)“Dunnage” means loose packing material used to protect cargo during 

shipment.

(11)(15)“Executive Officer” means the “Executive Officer” of the California Air 

Resources Board, or his or her delegate.

(12)(16)“Fabricator” means any person that uses composite wood products to make 

finished goods. “Fabricator” includes producers of component parts and 

laminated products. In some transactions, a fabricator may function as a 

“retailer.”

(13)(17)“Facility” means any site where composite wood products or finished goods 

are manufactured, tested, used, supplied or offered for sale, or sold in 

California. “Facility” includes, but is not limited to, manufacturing plants, 

testing laboratories, distribution centers, fabricator shops, warehouses, and 

retail stores.

(14)(18)“Fiber” means the slender threadlike elements of wood or similar cellulosic 

material, which can be separated by chemical and/or mechanical means, 

such as pulping, and can be formed into panels.

(15)(19)“Finished goods” means any good or product, other than a panel, containing 

hardwood plywood, particleboard, or medium density fiberboard. Component 

parts are not “finished goods,” although they are used in the assembly of 

finished goods unless a component part is being sold individually (e.g., a 

cabinet door). “Finished goods” do not include used goods such as antiques 

or second-hand furniture. For the purposes of this subsection, a “used good” 

means a “finished good” that has previously been sold or supplied to the 
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ultimate purchaser. “Ultimate purchaser” means the first person who in good 

faith purchases or acquires a “finished good” for purposes other than resale. 

(16)(20)“Formaldehyde” means a colorless gas at room temperature that at elevated 

concentrations has a strong, pungent odor and can be irritating to the eyes, 

nose, and lungs (i.e., CAS No. 50-00-0).

(17)(21)“Hardboard” means a composite panel composed of cellulosic fibers, made 

by dry, semi-dry, or wet forming and hot pressing of a fiber mat with or without 

resins, consolidated under heat and pressure in a hot press by: 

(A) a wet process; (B) a dry process that uses (1.) a phenolic resin, or (2.) a 

resin system in which there is no formaldehyde as part of the resin crosslinking structure, or (3.) a wet formed/dry pressed process; and that is 

commonly or commercially known, sold, or represented as hardboard, 

including any product that is represented as conforming to that complies with

one of the following ANSI standards: Basic Hardboard (ANSI A135.4-

20042012), Prefinished Hardboard Paneling (ANSI A135.5-20042012), or 

Hardboard Siding (ANSI A135.6-20062012). Hardboard that emits more than 

0.06 ppm formaldehyde using the primary or secondary test method as 

described in section 93120.9 is subject to the requirements for medium 

density fiberboard described in section 93120.3. 

(18)(22)“Hardwood” means the wood of a deciduous broad-leafed tree. Examples of 

“hardwoods” include, but are not limited to, aspen, birch, and oak.

(19)(23)“Hardwood plywood” (HWPW) means a panel composed of an assembly of 

(A) hardwood layers or plies of a minimum of two veneers, or (B) veneers in 

combination with a platform consisting of lumber core, lumber core, veneer 

core, composite core, a special core material, special core material, or 

including a special back material, joined with an adhesive, that is commonly 

or commercially known, sold, or represented as hardwood plywood, including 

any product that is represented as conforming to (ANSI/HPVA HP-1-2009). 

The face veneer may be composed of a hardwood or decorative softwood 

species (ANSI/HPVA HP-1-2004). “Hardwood plywood” includes wall 

paneling, industrial panels, and “hardwood plywood” panels used in making 

flooring. “Hardwood plywood” does not include laminated products, military 

specified plywood, or curved plywood. If a platform consists of a composite 

wood product, the platform must comply with the applicable emission 

standards. 

(20)(24)“Hardwood plywood – composite core” (HWPW-CC) means hardwood 

plywood with a composite core.

(21)(25)“Hardwood plywood – veneer core” (HWPW-VC) means hardwood plywood 

with a core made of a sheet or sheets of veneer. 
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(22)(26)“HPVA” means the Hardwood Plywood and Veneer Association.

(25)(27)“ICC” means the International Code Council.

(26)(28)“IEC” means the International Electrotechnical Commission.

(23)(29)“Importer” means the person or entity as defined in the regulations of the 

Bureau of Customs and Border Protection, 19 Code of Federal Regulations,

section 101.1, that imports composite wood products or finished goods that 

contain composite wood products from outside of the United States.

(30) “IAF” means the International Accreditation Forum.

(31) “ILAC” means the International Laboratory Accreditation Cooperation.

(28)(32)“ISO” means the International Organization for Standardization.

(24)(33)“Laminate” means a veneer or other synthetic material affixed as a 

decorative surface to a platform. “Laminate” does not include coating.

(25)(34)”Laminated product” means a finished good or component part of a finished 

good made by a fabricator in which a laminate or laminates are affixed to a 

platform. If the platform consists of a composite wood product, the platform

the composite wood product must comply with the applicable emission 

standards. 

(26)(35)“Lot” means the volume of a product type produced either: (A) from the 

beginning of a production run until the first quality control test; or (B) between 

one quality control test and the next one; or (C) from the last quality control 

test to the end of a production run.

(32)(36)“Lumber core” means a core material used in making hardwood plywood 

that consists of strips of solid wood that have a thickness of greater than one 

quarter of an inch 6.4 millimeters.

(27)(37)“Manufacturer” means any person who manufactures or produces a 

composite wood product.

(28)(38)“Medium density fiberboard” (MDF), including thin MDF, means a panel 

composed of cellulosic fibers (usually wood) made by dry forming and 

pressing of a resinated fiber mat, that is commonly or commercially known, 

sold, or represented as MDF, including any product that is represented as 

conforming to (ANSI A208.2-20022009); and including hardboard made by 

dry forming and includes hardboard that emits more than 0.06 ppm 

formaldehyde using the primary or secondary test method as described in 

section 93120.9.
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(35)(39)“Molded product” means a finished good or component part of a finished 

good made by compression molding of wood powder flour, fibers, particles, or 

strands, not made as a panel.

(29)(40)“No-added formaldehyde (NAF) based resins” means resins formulated with 

no added formaldehyde as part of the resin cross linking structure for making 

hardwood plywood, particleboard, or medium density fiberboard. “No-added 

formaldehyde based resins” include, but are not limited to, resins made from 

soy, polyvinyl acetate, or methylene diisocyanate. 

(37)(41)“Packaging material” means pallets, crates, skids, boxes, reels, and spools 

used to ship cargo. 

(30)(42)“Panel” means any particleboard, medium density fiberboard, or hardwood 

plywood board produced for sale, supply, or distribution by a composite wood 

product manufacturer.

(31)(43)“Particle” means a distinct fraction of wood or other cellulosic material 

produced mechanically and used along with resin to make particleboard. 

“Particles” are larger in size than fibers.

(32)(44)“Particleboard” means a panel composed of cellulosic material (usually 

wood) in the form of discrete particles (as distinguished from fibers, flakes, or 

strands) that are pressed together with resin, that is commonly or 

commercially known, sold, or represented as particleboard, including any

product that is represented as conforming to (ANSI A208.1-19992009).

(33)(45)“Person” shall have the same meaning as defined in Health and Safety 

Code section 39047.

(34)(46)“Platform” means the two-ply, veneer core, or composite core, combination 

core, lumber core, or special core material, combination core, lumber core, or 

special core material used in the manufacture of hardwood plywood or 

laminated products. 

(47) “Ply” means a veneer used in making plywood.

(35)(48)“Plywood” means a panel product consisting of layers of wood veneers in 

combination with a platform, pressed together with resin. “Plywood” includes 

panel products made by either hot or cold pressing (with resin) veneers to a 

platform. 

(36)(49)“Product type” means a type of composite wood product that differs from 

another based on composition, thickness, number of plies (if hardwood 
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plywood), and resin to distinguish one composite wood product from another 

made by the same manufacturer. 

(37)(50)“Recreational vehicle” has the same meaning as defined in section 18010 of 

the California Health and Safety Code.

(46)(51)“Replacement part” means a component part made as warranty stock or to 

replace a component part of a finished good.

(38)(52)“Retailer” means any person or entity that sells, offers for sale, or supplies 

directly to consumers composite wood products or finished goods that contain 

composite wood products. 

(39)(53)“Softwood” means wood produced from needle and/or cone bearing trees, 

as specified in (ANSI/HPVA HP-1-20042009).

(49)(54)“Special back material” means a back material other than veneer used in 

making hardwood plywood.

(50)(55)“Special core” means a core material used in making hardwood plywood that 

consists of something other than veneer core, composite core, or lumber 

core. 

(56) “Subcontractor” means a person or company working under a contract with a 

third party certifier to perform emission tests or manufacturer inspections, 

under the oversight of the third party certifier. 

(57) “Synthetic material” means a solid material, such as melamine, vinyl, paper,

overlays, film, or foil, used as a laminate in making a laminated product. 

“Synthetic material” does not include coating. 

(40)(58)“Thin MDF” means medium density fiberboard that has a maximum 

thickness of eight millimeters.

(41)(59)“Third party certifier” means an organization or entity approved by the 

Executive Officer that: (A) verifies the accuracy of the emission test 

procedures and facilities used by manufacturers to conduct formaldehyde 

emission tests, (B) monitors manufacturer quality assurance programs, and 

(C) provides independent audits and inspections. 

(53)(60)“Ultimate purchaser” means the first person who in good faith purchases or 

acquires a “finished good” for purposes other than resale. 

(42)(61)“Ultra-low-emitting formaldehyde (ULEF) resins” means resins formulated 

such that average formaldehyde emissions are consistently below the 
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Phase 2 emission standards in section 93120.2, as provided in section 

93120.3(d).

(55)(62)“Used good” means a “finished good” that has previously been sold or 

supplied to the “ultimate purchaser.” “Used goods” include, but are not limited 

to, antiques and second hand furniture. 

(43)(63)“Veneer” means thin sheets of wood with a maximum thickness of one 

quarter of an inch 6.4 millimeters peeled or sliced from logs for use in the 

manufacture of wood products such as plywood, laminated veneer lumber, 

laminated products, or other products. A face “veneer” may be composed of 

a hardwood, decorative softwood, cellulosic material from woody grasses 

(e.g., bamboo), or other types of compressed, cellulosic material (e.g., cork 

used in making flooring). 

(44)(64)“Veneer core” means a core material for making plywood that consists of 

veneer.

(45)(65)“Window” means a finished good consisting of a frame in which are set 

panes of glass, for the admission of air or light, or both, into an opening in the 

wall of a building. The frame includes jambs, stiles, sashes, and rails, and 

excludes sills, window headers and window seats.

(59)(66)“Woody grass” means a species of monocotyledonous plant with hard, 

fibrous, jointed, hollow or solid stems (e.g., bamboo).

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, and 41712, Health and 

Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, and 41712, Health and Safety 

Code.

§ 93120.2 Formaldehyde Emission Standards for Hardwood Plywood (HWPW), 

Particleboard (PB), and Medium Density Fiberboard (MDF).

(a) Emission Standards. The formaldehyde emission standards in Table 1 apply 

to hardwood plywood (HWPW) – veneer core, HWPW – composite core,

particleboard (PB), and medium density fiberboard (MDF), thin MDF, and 

platforms consisting of these materials sold, supplied, offered for sale, or 

manufactured for sale in California. 

[Note - Following is preliminary text: The list of products that must comply 

with the hardwood plywood emission standard has been expanded. An

effective date of July 1, 2016, applies to new products added to the 

applicability of the hardwood plywood standard, specifically hardwood 

plywood consisting of two veneers, or consisting of platforms made with 

lumber core or special core material.]
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Except as provided in section 93120.2(b)1(d), Exemptions, and the “sellthrough” provisions of section 93120.12, Appendix 1, no person shall sell, 

supply, offer for sale, or manufacture for sale in California any composite 

wood product which, at the time of sale or manufacture, does not comply with 

the emission standards in Table 1 on or after the effective dates specified in 

Table 1.

If a platform used for making HWPW consists of a composite wood product, 

the platform must comply with the applicable emission standards. 

Table 1

Phase 1 and Phase 2 Formaldehyde Emission Standards for Hardwood Plywood 

(HWPW), Particleboard (PB), and Medium Density Fiberboard (MDF)1

Effective 

Date

 ---- Phase 1 (P1) and Phase 2 (P2) Emission Standards (ppm) ----

HWPW-VC HWPW-CC PB MDF Thin MDF

1-1-2009 P1: 0.08 ---------- P1: 0.18 P1: 0.21 P1: 0.21

7-1-2009 ---------- P1: 0.08 ---------- ----------

1-1-2010 P2: 0.05 ---------- ---------- --------- ---------

1-1-2011 ---------- ---------- P2: 0.09 P2: 0.11 ---------

1-1-2012 ---------- ---------- ---------- --------- P2: 0.13

7-1-2012 ---------- P2: 0.05 ---------- ----------

HWPW

7-1-20162 P2: 0.05

(1) Based on the primary test method [ASTM E 1333-96(2002)10] in parts per million (ppm). 

HWPW-VC = veneer core; HWPW-CC = composite core.

(2) Note – Following is preliminary text: The effective date applies to products being added to the 

applicability of the hardwood plywood standard.

A product “does not comply with the emission standards in Table 1” if:

(1) The composite wood product was produced by a manufacturer without either: 

(A) a current third party certification program that complies with section 

93120.3(b), (B) a current ARB approval to use no-added formaldehyde based 

resins as provided in section 93120.3(c), or (C) a current ARB approval to use 

a ULEF resin as provided in section 93120.3(d); or
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(2) Records of testing conducted by the manufacturer or the third party certifier 

show that a particular composite wood product sold, supplied, or offered for 

sale in California exceeded the applicable emission standard specified in 

Table 1, based on: (A) the compliance testing procedure for hardwood 

plywood, particleboard, and medium density fiberboard specified in section 

93120.9(a) or (B) the quality control testing method specified in 93120.9(d)

(subject to permitted retesting, disposition or treatment); or

(3) A composite wood product produced by a manufacturer is tested at any time 

after it is manufactured, using either the compliance test method specified in 

section 93120.9(a) or the enforcement test method specified in section 

93120.9(b), and is found to exceed the applicable emission standard 

specified in Table 1; or

(4) A finished good contains any composite wood product which does not comply 

with the emission standards in Table 1, based on the criteria set forth in 

paragraphs (1), (2), or (3) above; or 

(5) A finished good is found to contain any composite wood product that does not 

comply with the applicable emission standards in Table 1 using the 

enforcement test method for finished goods specified in section 93120.9(c).

(b) Exemptions. 

(1) The emission standards in section 93120.2(a) do not apply to composite 

wood products or finished goods containing these materials that are 

manufactured, sold, offered for sale, or supplied for shipment and use outside 

of California. 

(2) The emission standards in section 93120.2(a) do not apply to hardwood 

plywood and particleboard materials manufactured, sold, supplied for 

installation, or installed in manufactured homes subject to the United States 

Department of Housing and Urban Development regulations (24 Code of 

Federal Regulations, section 3280.308). 

(3) To qualify for an exemption specified in section 93120.2(b)(1) or 

93120.2(b)(2), the person claiming the exemption must maintain adequate 

documentation to demonstrate that the criteria of the exemption are met.

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511, and 41712, Health 

and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511, and 41712, Health 

and Safety Code.
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§ 93120.3 Requirements for Manufacturers of Hardwood Plywood (HWPW), 

Particleboard (PB), and Medium Density Fiberboard (MDF).

(a) Emission Standards. All manufacturers of HWPW, PB, and MDF must 

comply with the requirements of section 93120.2(a). Except as provided in 

the “sell-through” provisions in Appendix 1 of section 93120.12, all HWPW, 

PB, and MDF sold, supplied, or offered for sale on or after the effective dates 

specified in section 93120.2(a) must comply with the emission standards 

specified in section 93120.2(a). 

(b) Third Party Certification. For manufacturers of HWPW, PB, and MDF sold, 

supplied, or offered for sale in California, using resins that contain 

formaldehyde, compliance with the emission standards specified in section 

93120.2(a) must be verified by using a third party certifier approved by ARB 

under section 93120.4. These manufacturers must also comply with the 

quality assurance requirements specified in Appendix 2 of section 93120.12. 

(c) Special Provisions for Manufacturers of HWPW, PB, and MDF with No-Added 

Formaldehyde (NAF) Based Resins. 

(1) Upon written approval of the Executive Officer, manufacturers of HWPW, PB, 

and MDF who plan to use no-added formaldehyde (NAF) based resins are 

not required to comply with section 93120.3(b). If the platform used to 

manufacture HWPW consists of a composite wood product, that platform 

material must also comply with this subsection. To apply for ARB approval, 

manufacturers must submit the following information to the Executive Officer: 

(A) a statement indicating which product types will be manufactured using noadded formaldehyde based NAF resins for sale in California; (B) the chemical 

formulation of the candidate no-added formaldehyde based NAF resins, 

including base resins, catalysts, and other additives as used in manufacturing

a signed and dated certification statement provided by a designated 

representative of the manufacturer listing the resin supplier and resin name

and including: (1.) an assertion that the chemical formulation of the resin, 

including base resins, catalysts, and other additives used in manufacturing 

the specific product types, will be used to make specific product types and 

(2.) an acknowledgement that the resin formulation will not be changed 

without prior notification of the Executive Officer and in agreement with any 

requirements specified in the Executive Order pursuant to section 

93120.3(c)(4); (C) the name of the ARB approved third party certifier; and (D) 

data on the emissions performance of the candidate no-added formaldehyde 

based NAF resins. These data must be obtained by working with an ARB 

approved third party certifier and must include three months of routine quality 

control testing data, the correlation and linear regression equation between 

values of the routine quality control testing data toand primary or secondary 

method testing data, and the results of one primary or secondary method test, 

as required in Appendix 2 of section 93120.12. Ninety percent of the three 
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months of routine quality control testing data and the results of the one 

primary or secondary method test must be shown to be no higher than 0.04 

ppm. In addition, all data must be shown to be no higher than 0.05 ppm for 

HWPW and 0.06 ppm for PB, MDF, and thin MDF. (E) For manufacturers 

that produce their products less than seven days per month, a minimum of 

seven quality control test results and the results of one primary or secondary 

method tests must be submitted for ARB approval. Ninety percent of the 

seven quality control test results and the results of the one primary or 

secondary method test must be shown to be no higher than 0.04 ppm. In 

addition, all data must be shown to be no higher than 0.05 ppm for HWPW 

and 0.06 ppm for PB, MDF, and thin MDF. 

(2) Within 45 days after receiving an application from a manufacturer, the 

Executive Officer shall inform the applicant, in writing, either that the 

application is complete and accepted for filing, or that the application is 

deficient and shall identify the specific information required to make the 

application complete. 

(3) Within 30 days of receiving additional information provided in response to a 

determination by the Executive Officer that an application is deficient, the 

Executive Officer shall inform the applicant, in writing, either that the new 

information is sufficient to make the application complete and that the 

application is accepted for filing, or that the application is deficient and shall 

identify the specific information required to make the application complete.

(4) Within 90 days after an application has been deemed complete, the Executive 

Officer shall act to approve or disapprove the application. The Executive 

Officer shall issue an Executive Order approving the application if the 

evidence submitted by the applicant is sufficient to demonstrate that the 

applicant has met the requirements of section 93120.3(c)(1). The approval 

shall have a duration of twothree two years, and the manufacturer may apply 

for re-approval as provided in this section. An application for re-approval 

must include: (A) the results of at least one primary or secondary method test

for each product type based on a panel or set of panels randomly selected 

and tested by an ARB approved third party certifier, (B) copies of invoices 

documenting purchases of the NAF resin for a six-month period preceding the 

expiration date of the Executive Order, (C) and the chemical formulation of 

the no-added formaldehyde based NAF resin or resins used by the 

manufacturer a signed and dated certification statement provided by a 

designated representative of the manufacturer listing the resin supplier and 

resin name and including: (1.) an assertion that the chemical formulation of 

the resin, including base resins, catalysts, and other additives used in 

manufacturing the specific product types, will be used to make specific 

product types and (2.) an acknowledgement that the resin formulation will not 

be changed without prior notification of the Executive Officer and in 

agreement with any requirements specified in the Executive Order pursuant 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

15

to section 93120.3(c)(4), (D) copies of production volume data records

collected in the six-month period preceding the expiration date of the 

Executive Order to document that NAF products were manufactured within 

ranges for press time, press temperature, and resin application rate specified 

in the Executive Order, and (E) signed affirmations of the exclusive use of 

NAF resins for applicable products, and that true and accurate information 

was submitted in the application. 

(A) (5) In the event of changes, including but not limited to the addition/ replacement 

of a resin system, addition of products to an existing Executive Order, or an 

increase in resin application rate, a manufacturer may apply to ARB to amend 

an existing Executive Order. Such an application shall include the results of 

one primary or secondary method test. 

(5)(6) The Executive Officer may, in the course of processing the application, 

request the applicant to clarify, amplify, correct, or otherwise supplement the 

information required for the application. The applicant and the Executive 

Officer may mutually agree to longer time periods for determining whether an 

application is complete, or for approving or disapproving an application.

(6)(7) If the manufacturer decides to change to formaldehyde based resins, ARB 

must be notified in advance and the manufacturer must comply with the 

requirements of section 93120.3(b) for that product type.

(d) Special Provisions for Manufacturers of HWPW, PB and MDF with Ultra-LowEmitting Formaldehyde (ULEF) Resins. 

(1) Requirements for reduced testing. Upon written approval of the Executive 

Officer, manufacturers of HWPW, PB, and MDF who plan to use ultra-lowemitting formaldehyde (ULEF) resins may test their products less frequently 

than otherwise required. The testing frequency for manufacturers using 

ULEF resins is specified in Appendix 2 of section 93120.12, subsection 

(g)(4)(C)(2.) and (3.). To apply for ARB approval, manufacturers must submit 

the following information to the Executive Officer: (A) a statement indicating 

which product types will be manufactured with ULEF resins for sale in 

California; (B) the chemical formulation of the candidate ULEF resins, 

including base resins, scavenger resins, scavenger additives, catalysts, and 

other additives as used in manufacturing a signed and dated certification 

statement provided by a designated representative of the manufacturer listing 

the resin supplier and resin name and including: (1.) an assertion that the

chemical formulation of the resin, including base resins, catalysts, and other 

additives used in manufacturing the specific product types, will be used to 

make specific product types and (2.) an acknowledgement that the resin 

formulation will not be changed without prior notification of the Executive 

Officer and in agreement with any requirements specified in the Executive 

Order pursuant to section 93120.3(d)(5); (C) the name of the ARB approved 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

16

third party certifier; and (D) data on the emissions performance of the 

candidate ULEF resins to demonstrate that panels manufactured with these 

resins can consistently achieve the following: (1.) for HWPW, the Phase 2 

emission standards specified in section 93120.2(a); or (2.) for PB and MDF, 

the emission values in Table 2. These data must be obtained by working with 

an ARB approved third party certifier and must include sixfour six months of 

routine quality control testing data, the correlation and linear regression 

equation between values of the routine quality control testing data toand

primary or secondary method testing data, and the results of two quarterly 

primary or secondary method tests, as required by Appendix 2 of section 

93120.12. 

For HWPW, in order to qualify for approval to test any product type less 

frequently, at least fifty percent of the results of the sixfour six months of 

routine quality control testing data must be shown to be no higher than 0.04 

ppm, and all quality control testing data and the two quarterly primary or 

secondary method tests must all be shown to be no higher than the Phase 2 

emission standards. 

For PB and MDF, in order to qualify for approval to test any product type less 

frequently, ninety percent of the sixfour six months of routine quality control 

testing data and the results of the two quarterly primary or secondary method 

tests must be shown to be no higher than the ULEF-target value listed in 

Table 2, and all data must be shown to be no higher than the ULEF-cap value 

listed in Table 2. 

(E) For manufacturers that produce their products less than seven days per 

month, a minimum of seven quality control test results and the results of one 

primary or secondary method tests must be submitted for ARB approval. The 

same percent criteria specified above in subsection (D) will be used evaluate 

the data. 

Table 2

Ultra-Low-Emitting Formaldehyde (ULEF) Resin 

Emission Target and Cap Values (in ppm) for 

Particleboard (PB) and Medium Density Fiberboard (MDF)1

PB MDF Thin MDF

ULEF-target 0.05 0.06 0.08

ULEF-cap 0.08 0.09 0.11

(1) Concentrations must be based on correlations and linear regression equations with the primary 

or secondary test method in parts per million (ppm). 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

17

(2) Requirements for exemption from testing third party certification. Upon 

written approval of the Executive Officer, manufacturers of HWPW, PB, MDF, 

and thin MDF who plan to use ultra-low-emitting formaldehyde (ULEF) resins

may qualify their product types for an exemption from third party certification. 

To apply for ARB approval, manufacturers must submit the following 

information to the Executive Officer: (A) a statement indicating which product 

types will be manufactured using ULEF resins for sale in California; (B) a 

signed and dated certification statement provided by a designated 

representative of the manufacturer listing the resin supplier and resin name

and including: (1.) an assertion that the chemical formulation of the resin, 

including base resins, catalysts, and other additives used in manufacturing 

the specific product types, will be used to make specific product types and 

(2.) an acknowledgement that the resin formulation will not be changed 

without prior notification of the Executive Officer and in agreement with any 

requirements specified in the Executive Order pursuant to section 

93120.3(d)(5); (C) the name of the ARB approved third party certifier; and (D) 

data on the emissions performance of the candidate ULEF resins. These 

data must be obtained by working with an ARB approved third party certifier 

and must include six months of routine quality control testing data, the 

correlation and linear regression equation between values of the routine 

quality control testing data and primary or secondary method testing data, 

and the results of two primary or secondary method tests, as required in 

Appendix 2 of section 93120.12. To qualify for an exemption from third party 

certification for a product type, ninety percent of sixfour six months of routine 

quality control testing data and the results of two quarterly primary or 

secondary method tests must be shown to be no higher than a ULEF-target 

value of 0.04 ppm. All data must be shown to be no higher than a ULEF-cap 

value of 0.05 ppm for HWPW and 0.06 ppm for PB, MDF, and thin MDF. All 

other requirements of section 93120.3(d)(1) apply. Manufacturers who have 

been exempted from third party certification do not need to comply with the 

requirements of Appendix 2 of section 93120.12. 

(E) For manufacturers that produce their products less than seven days per 

month, a minimum of seven quality control test results and the results of one 

primary or secondary method tests must be submitted for ARB approval. 

Ninety percent of the seven quality control test results and the results of the 

one primary or secondary method test must be shown to be no higher than 

0.04 ppm. In addition, all data must be shown to be no higher than 0.05 ppm

for HWPW and 0.06 ppm for PB, MDF, and thin MDF. All other requirements 

of section 93120.3(d)(1) apply. 

(3) Within 45 days after receiving an application from a manufacturer, the 

Executive Officer shall inform the applicant, in writing, either that the 

application is complete and accepted for filing, or that the application is 

deficient and shall identify the specific information required to make the 

application complete. 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

18

(4) Within 30 days of receiving additional information provided in response to a 

determination by the Executive Officer that an application is deficient, the 

Executive Officer shall inform the applicant, in writing, either that the new 

information is sufficient to make the application complete and that the 

application is accepted for filing, or that the application is deficient and shall 

identify the specific information required to make the application complete.

(5) Within 90 days after an application has been deemed complete, the Executive 

Officer shall act to approve or disapprove the application. The Executive 

Officer shall issue an Executive Order approving the application if the 

evidence submitted by the applicant is sufficient to demonstrate that the 

applicant has met the requirements specified in section 93120.3(d)(1) or 

(d)(2). The approval shall have a duration of twothree two years, and the 

manufacturer may apply for re-approval as provided in this section. An 

application for re-approval must include: (A) the results of at least two

primary or secondary method tests for each product type based on panels 

randomly selected and tested by an ARB approved third party certifier, (B) 

copies of invoices documenting purchases of the ULEF resin for a six-month 

period preceding the expiration date of the Executive Order, (C)and the 

chemical formulation of the ULEF resin or resins used by the manufacturer a 

signed and dated certification statement provided by a designated 

representative of the manufacturer listing the resin supplier and resin name

and including: (1.) an assertion that the chemical formulation of the resin, 

including base resins, catalysts, and other additives used in manufacturing 

the specific product types, will be used to make specific product types and 

(2.) an acknowledgement that the resin formulation will not be changed 

without prior notification of the Executive Officer and in agreement with any 

requirements specified in the Executive Order pursuant to section 

93120.3(d)(5), (D) copies of production volume data records collected in the 

six-month period preceding the expiration date of the Executive Order to 

document that ULEF products were manufactured within ranges for press 

time, press temperature, and resin application rate specified in the Executive 

Order, and (E) signed affirmations of the exclusive use of ULEF resins for 

applicable products, and that true and accurate information was submitted in 

the application.

(A) (6) In the event of changes, including but not limited to the addition/ replacement 

of a resin system, addition of products to an existing Executive Order, or an 

increase in resin application rate, a manufacturer may apply to ARB to amend 

an existing Executive Order. Such an application shall include the results of 

one primary or secondary method test and one month of routine quality 

control testing data for a minimum of five quality control test results collected 

over a minimum period of one week for HWPW, PB and MDF products, or 

two months of routine quality control testing data for HWPW products. 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

19

(6)(7) The Executive Officer may, in the course of processing the application, 

request the applicant to clarify, amplify, correct, or otherwise supplement the 

information required for the application. The applicant and the Executive 

Officer may mutually agree to longer time periods for determining whether an 

application is complete, or for approving or disapproving an application.

(7)(8) If the manufacturer decides to change resin systems, ARB must be notified in 

advance and the manufacturer must comply with the requirements of section 

93120.3(b) for that product type.

(e) Product Labeling Requirements. Each panel or bundle of composite wood 

products or bundle of panels must be clearly labeled to indicate compliance 

with the emission standards specified in section 93120.2(a). The label may 

be applied as a stamp, edge printed, or as a removable label, and shall 

include, at a minimum, all of the following information:

(1) Manufacturer name;

(2) Product lot number or batch produced; 

(3) A marking to denote that the composite wood product complies with the 

applicable ARB Phase 1 or 2 emission standards specified in section 

93120.2(a) or was made using NAF or ULEF resins or no-added 

formaldehyde based resins; and 

(4) The ARB assigned number of the approved third party certifier. This 

requirement does not apply to manufacturers using no-added formaldehyde 

basedNAF resins that have obtained ARB approval as provided in section 

93120.3(c) or products manufactured using ULEF resins as provided in 

section 93120.3(d)(2).

(f) Statement of compliance. For each composite wood product, the 

manufacturer must include on the bill of lading or invoice: (1) the ARB 

assigned number of the approved third party certifier, if applicable; and

(2) a statement that the composite wood products comply with the applicable 

Phase 1 or Phase 2 emission standard specified in section 93120.2(a) and, if 

applicable, were made using NAF or ULEF resins or no-added formaldehyde 

based resins. 

(g) Recordkeeping Requirements for Manufacturers of Hardwood Plywood 

(HWPW), Particleboard (PB), and Medium Density Fiberboard (MDF). 

(1) Beginning January 1, 2009 for manufacturers of HWPW-VC, PB, MDF, and 

thin MDF and July 1, 2009 for manufacturers of HWPW-CC, manufacturers 

must keep records of their quality assurance emissions test data for each 

product as provided in Appendix 2 of section 93120.12. Manufacturers using 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

20

no-added formaldehyde basedNAF resins that have obtained ARB approval 

under section 93120.3(c) must keep documentation to demonstrate ARB 

approval to use no-added formaldehyde based NAF resins. Manufacturers 

that have obtained ARB approval under section 93120.3(d) to use ULEF 

resins must keep documentation to demonstrate that ARB approval has been 

obtained. Records must be kept in either electronic or hard copy form for a 

period of two years.

(2) For every composite wood product produced for sale in California, 

manufacturers must maintain records at their production facilities for a period 

of two years, including:

(A) Tracking information to allow each composite wood product produced to 

be traced to a specific lot number or batch produced; 

(B) Product information (including description of the composite wood product, 

date of manufacture, and lot/batch number); 

(C) Purchaser information (including purchaser’s name, contact person, 

address, phone number, purchase order or invoice number, and amount 

purchased), if applicable; 

(D) Product transporter information (including delivery company name, contact 

person, address, phone number, and shipping invoice number), if 

applicable;

(E) Identification of the ARB approved third party certifier (including company 

name, contact person, phone number, mailing and email address); this 

subsection (E) does not apply to products manufactured with no-added 

formaldehyde basedNAF resins as specified under section 93120.3(c)(1)

or products manufactured with ULEF resins as specified under section 

93120.3(d)(2); and 

(F) Manufacturers of HWPW, PB, and MDF using no-added formaldehyde 

basedNAF resins or ULEF resins must maintain records on an ongoing 

basis for each composite wood product produced, including:

1. The ARB approval letter as specified in section 93120.3(c) or (d);

2. Amount of resin use reported by volume and weight;

3. Production volume reported as square feetcubic meters per product 

type; 

4. Resin trade name, resin manufacturer contact information, and resin 

supplier contact information;

5. Changes in press time by more than 20 percent for any product type; 

and
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

21

6. Changes in the formulation of the no-added formaldehyde basedNAF

resins or ULEF resins. 

(3) Records must be kept on the disposition of non-complying lots or batches of 

composite wood products. These records shall include: product type and 

amount of composite wood products affected, lot or batch numbers, 

measures taken to mitigate the non-complying composite wood products, 

results of retesting, and final disposition of the lots or batches of composite 

wood products. 

(4) All records required by this section shall be made available to ARB or local air 

district personnel within 60 days of upon request. 

(h) Facility inspections. Each manufacturing plant may be inspected by third 

party certifiers as provided in Appendices 2 and 3 of section 93120.12. In 

addition, manufacturers may also be inspected by ARB or local air district 

personnel. In the course of an inspection, ARB or local air district personnel 

may request to audit records or secure samples for testing. Composite wood 

products secured during an inspection are subject to testing using the

enforcement test method specified in section 93120.9(b), to determine 

compliance with the applicable emission standards.

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511, and 41712, Health 

and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511, and 41712, Health 

and Safety Code.

§ 93120.4 Third Party Certifiers.

(a) All third party certifiers must be approved in writing by the ARB Executive 

Officer as provided in subsection (b). The Executive Officer will issue a 

number to each approved third party certifier. A manufacturer, importer, 

distributor, fabricator, or retailer of composite wood products or finished 

goods that contain composite wood products is not eligible for approval by the 

Executive Officer to provide third party certification services. 

(b) ARB Approval of Third Party Certifiers. 

(1) Applications to become an ARB-approved third party certifier must be 

submitted in writing to the Executive Officer and must contain the following:

(A) Evidence of actual field experience in the inspection of composite wood 

product manufacturing facilities, emissions testing, and verification of 

laboratories and wood products,. A third party certifier may rely on a 

subcontractor for laboratory verification and testing. Laboratory 

Aaccreditation must be by an internationally recognized accreditation body 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

22

that is a signatory to the International Laboratory Accreditation 

Cooperation Mutual Recognition Arrangement (ILAC, 2000) or the 

International Accreditation Forum Multilateral Recognition Agreement 

(IAF, 2013) and may must include, but is not limited to, accreditation to 

ISO/IEC Standards 17020 and 17025, to demonstrate how applicants will

be able to competently perform the requirements of Appendix 3, with 

operation of the primary or secondary test method as specified in section 

93120.9 included in the scope of accreditation;

(B) Evidence of the ability to properly train and supervise inspectors, 

including, but not limited to experience in the inspection of composite 

wood product manufacturing facilities, including accreditation to ISO/IEC

Standard 17020 for subcontractors, from an internationally recognized 

accreditation body that is a signatory to the International Accreditation 

Forum Multilateral Recognition Agreement (IAF, 2013);

(C) Evidence of a current “product certification agency” accreditation, 

including, but not limited to, the ability to properly train and supervise 

inspectors. Accreditation must be by an internationally recognized

accreditation body that is a signatory to the International Accreditation 

Forum Multilateral Recognition Agreement (IAF, 2013) and must include 

ISO/IEC Guide 65 (through September 14, 2015) or ISO/IEC 17065, that 

includes composite wood products in the scope of their accreditation and 

was issued by a signatory to the International Laboratory Accreditation 

Cooperation Mutual Recognition Arrangement (ILAC, 2000)an 

internationally recognized accreditation body; and

(D) List of the composite wood products that the applicant is applying to verify 

and evidence that the applicant is qualified to verify these products.; and

(E) Demonstration of equivalence as required by section 93120.9(a)(2) for all 

secondary methods used for compliance testing of composite wood 

products during initial plant qualifying inspections, quarterly verifying tests, 

and NAF and ULEF applications/renewal applications.

(2) Within 45 days of receiving an application to become an ARB-approved third 

party certifier, the Executive Officer shall inform the applicant, in writing, either 

that the application is complete and accepted for filing, or that the application 

is deficient and shall identify the specific information required to make the 

application complete. 

(3) Within 30 days of receiving additional information provided in response to a 

determination by the Executive Officer that an application is deficient, the 

Executive Officer shall inform the applicant, in writing, either that the new 

information is sufficient to make the application complete and that the 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

23

application is accepted for filing, or that the application is deficient and shall 

identify the specific information required to make the application complete.

(4) Within 90 days after an application has been deemed complete, the Executive 

Officer shall act to approve or disapprove the application. The Executive 

Officer shall issue an Executive Order approving the application if the 

evidence submitted by the applicant is sufficient to demonstrate that the 

applicant can competently perform the tasks described in subsection (c). The 

Executive Order shall have a duration of twothree two years. Within 120 days 

of prior to the expiration date of the Executive Order, a third party certifier 

may apply for re-approval by submitting an updated application to the 

Executive Officer to demonstrate the continued ability to comply with section 

93120.4(b)(1). The re-approval application will include a copy of the most 

recent audit report from the third party certifier’s accreditation body and will 

include an audit report for a third party certifier’s subcontractor, if applicable, 

completed to comply with section 93120.4(c). 

(5) The Executive Officer may, in the course of processing the application, 

request the applicant to clarify, amplify, correct, or otherwise supplement the 

information required for the application. The applicant and the Executive 

Officer may mutually agree to longer time periods for determining whether an 

application is complete, or for approving or disapproving an application. 

(c) Requirements for Third Party Certifiers. Requirements for ARB approved 

third party certifiers are contained in section 93120.12, Appendix 3. All third 

party certifiers shall be audited by their respective accreditation bodies as a 

part of the renewal of their accreditations for inspections, product certification, 

and laboratory operation and oversight. The audit will: 

(1) Verify that the standard operating procedures for a third party certifier or 

contract laboratory’s primary or secondary test methods are consistent with 

regard to the requirements of the applicable ASTM standard and Appendix 3;

(2) Verify that a small chamber being used as a secondary test method for 

certification and verification testing has been tested and deemed equivalent to 

a primary method chamber, as required in section 93120.9(a)(2); 

(3) Verify that multiple small chambers being operated as secondary methods 

have been tested and found to obtain comparable results;

(4) Verify that a third party certifier has carried out their responsibilities for 

auditing manufacturers, as required by Appendix 3; and

(5) Verify that a third party certifier has provided a manufacturer with correction 

action recommendations, based on the audit of a manufacturer, and that the 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

24

third party certifier followed up to determine that a manufacturer implemented 

changes based on the recommendations.

 

(d) Modification or Revocation of an Executive Order Approving a Third Party 

Certifier. The Executive Officer may review and, for good cause, modify or 

revoke an Executive Order approving a third party certifier. The Executive 

Officer shall not modify or revoke an Executive Order without affording the 

third party certifier the opportunity for a hearing in accordance with the 

procedures specified in Article 2 (commencing with section 60055.1) of 

subchapter 1.25 of Chapter 1 of Division 3 of title 17, California Code of 

Regulations.

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, and 41712, Health and 

Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, and 41712, Health and Safety 

Code.

§ 93120.5 Requirements for Distributors of Hardwood Plywood (HWPW), 

Particleboard (PB), Medium Density Fiberboard (MDF), and Finished 

Goods Containing Those Materials. 

(a) Emission Standards. Except as provided in the “sell-through” provisions of 

section 93120.12, Appendix 1, all distributors must comply with the 

requirements of section 93120.2(a) for all composite wood products and 

finished goods containing these materials that are sold, supplied, offered for 

sale, or purchased for sale in California. 

(b) Additional Requirements to Help Ensure that Complying Composite Wood 

Products and Finished Goods are Purchased. Distributors must take 

reasonable prudent precautions to ensure that the composite wood products

and composite wood products contained in finished goods that they purchase 

comply with the emission standards specified in section 93120.2(a). 

“Reasonable prudent precautions” include, at a minimum, instructing each 

supplier that the composite wood products and finished goods they supply to 

a distributor must comply with the applicable emission standards, and 

obtaining written documentation from each supplier that this is so. 

In addition, distributors must keep records showing the date of purchase and 

the supplier of the composite wood products and finished goods, and 

document the precautions taken to ensure that the composite wood products

and composite wood products contained in finished goods comply with 

applicable emission standards. These records must be kept in electronic or 

hard copy form for a minimum of two years and provided to ARB or local air 

district personnel upon request. This section does not affect the liability of 

any person for any violation of section 93120.2(a). 
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25

(c) Product Labeling Requirements for Composite Wood Products and Finished 

Goods. 

(1) Composite Wood Products. If the composite wood products procured by a 

distributor are not modified by the distributor, no additional labeling is 

required. If the composite wood products are modified, distributors are

subject to the labeling requirements specified for fabricators in section 

93120.7(d)(c). If a composite wood panel is not individually labeled, the 

distributor must have a method (e.g., color-coded edge marking) of identifying 

the supplier of the panel. 

(2) Finished goods containing HWPW, PB, or MDF. If the finished goods 

purchased by a distributor are not modified by the distributor, no additional 

labeling is required. If the finished goods are modified, the distributor must

label the modified goods as specified for fabricators in section 93120.7(d)(c). 

If a finished good is not individually labeled, the distributor must have a 

method (e.g., color-coded edge marking) of identifying the supplier of the 

finished good.

(3) Product Label Retention Requirements for Composite Wood Products and 

Finished Goods. Composite wood products and finished goods sold or 

offered for sale in California are required to be labeled by manufacturers and 

fabricators as specified in section 93120.3(e) or section 93120.7(c), 

respectively. Distributors shall retain leave intact the product label on 

composite wood products and finished goods as received from their suppliers 

to allow the person that purchases a composite wood product or finished 

good to identify the compliance level of the composite wood product or 

composite wood products in a finished good. If a customer requests a copy 

of a product label for composite wood panels or finished goods that are not 

individually labeled, a distributor shall provide a copy of the original label.

(d) Statement of compliance. For each composite wood product or finished good 

made with these materials, the distributor must state on the bill of lading or 

invoice, that the composite wood products or composite wood products 

contained in finished goods comply with the applicable Phase 1 or Phase 2 

emission standard specified in section 93120.2(a). 

(e) Facility inspections. Distributors may be inspected by ARB or local air district 

personnel. In the course of an inspection, ARB or local air district personnel 

may request to audit records or secure samples for testing. All records 

required by this section shall be made available to ARB or local air district 

personnel within 60 days of request. Composite wood products or finished 

goods secured during an inspection are subject to testing, using the 

applicable enforcement test method specified in section 93120.9, to 

determine compliance with the applicable emission standards.
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

26

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511, and 41712, Health 

and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511, and 41712, Health 

and Safety Code.

§ 93120.6 Requirements for Importers of Hardwood Plywood (HWPW), 

Particleboard (PB), Medium Density Fiberboard (MDF), and Finished 

Goods Containing Those Materials. 

(a) Emission Standards. Except as provided in the “sell-through” provisions of 

section 93120.12, Appendix 1, all importers must comply with the 

requirements of section 93120.2(a) for all composite wood products and 

finished goods containing these materials that are sold, supplied, offered for 

sale, or purchased for sale in California. 

(b) Additional Requirements to Help Ensure that Complying Composite Wood 

Products and Finished Goods are Purchased. Importers must take 

reasonable prudent precautions to ensure that the composite wood products 

and composite wood products contained in finished goods that they purchase 

comply with the emission standards specified in section 93120.2(a). 

“Reasonable prudent precautions” include, at a minimum, instructing each 

supplier that the goods they supply to an importer must comply with the 

applicable emission standards, and obtaining written documentation from 

each supplier that this is so. 

In addition, importers must keep records showing the date of purchase and 

the supplier of the composite wood products and finished goods, and 

document the precautions taken to ensure that the composite wood products

and composite wood products contained in finished goods comply with 

applicable emission standards. These records must be kept in electronic or 

hard copy form for a minimum of two years and provided to ARB or local air 

district personnel upon request. This section does not affect the liability of 

any person for any violation of section 93120.2(a). 

(c) Product Labeling Requirements for Composite Wood Products and Finished 

Goods. 

(1) Composite Wood Products. If the composite wood products procured by an 

importer are not modified by the importer, no additional labeling is required. If 

the composite wood products are modified, importers are subject to the 

labeling requirements specified for fabricators in section 93120.7(d)(c). If a 

composite wood panel is not individually labeled, the importer must have a 

method (e.g., color-coded edge marking) of identifying the supplier of the 

panel. 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

27

(2) Finished goods containing HWPW, PB, or MDF. If the finished goods 

purchased by an importer are not modified by the importer, no additional 

labeling is required. If the finished goods are modified, the importer must 

label the modified goods as specified for fabricators in section 93120.7(d)(c). 

If a finished good is not individually labeled, the importer must have a method 

(e.g., color-coded edge marking) of identifying the supplier of the finished 

good.

(3) Product Label Retention Requirements for Composite Wood Products and 

Finished Goods. Composite wood products and finished goods sold or 

offered for sale in California are required to be labeled by manufacturers and 

fabricators as specified in section 93120.3(e) or section 93120.7(c), 

respectively. Importers shall retain leave intact the product label on 

composite wood products and finished goods as received from their suppliers 

to allow the person that purchases a composite wood product or finished 

good to identify the compliance level of the composite wood product or 

composite wood products in a finished good. If a customer requests a copy 

of a product label for composite wood panels or finished goods that are not 

individually labeled, an importer shall provide a copy of the original label.

(d) Statement of compliance. For each composite wood product or finished good 

made with these materials, the importer must state on the bill of lading or 

invoice, that the composite wood products or composite wood products 

contained in finished goods comply with the applicable Phase 1 or Phase 2 

emission standard specified in section 93120.2(a). 

(e) Facility inspections. Importers may be inspected by ARB or local air district 

personnel. In the course of an inspection, ARB or local air district personnel 

may request to audit records or secure samples for testing. All records 

required by this section shall be made available to ARB or local air district 

personnel within 60 days of request. Composite wood products or finished 

goods secured during an inspection are subject to testing, using the 

applicable enforcement test method specified in section 93120.9, to 

determine compliance with the applicable emission standards.

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511, and 41712, Health 

and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511, and 41712, Health 

and Safety Code.
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

28

§ 93120.7 Requirements for Fabricators that use Hardwood Plywood (HWPW), 

Particleboard (PB), Medium Density Fiberboard (MDF), and Finished 

Goods Containing Those Materials. 

(a) Emission Standards. 

(1) Except as provided in the “sell-through” provisions of section 93120.12, 

Appendix 1, all fabricators must comply with the requirements of section 

93120.2(a) for all composite wood products and finished goods containing 

these materials that are sold, supplied, offered for sale, or purchased for sale 

in California. 

(2) Fabricators of laminated products.

(A) Fabricators that produce laminated products, and do not manufacture 

composite wood products, do not need to comply with the manufacturer 

requirements regarding third party certification in section 93120.3(b).and;

(B) Laminated products that consist of a veneer, without a coating, affixed to a 

platform must not emit more than 0.13 ppm formaldehyde using the primary 

or secondary test method as described in section 93120.9. Effective 

July 1, 2016, laminated products and finished goods made with laminated 

products must comply with this emission performance standard. Laminated 

products and finished goods that contain laminated products made prior to 

this date may be sold indefinitely; and 

(3) (C)If the platform used by a fabricator to produce a laminated product consists of 

a composite wood product, the platform composite wood product must 

comply with the applicable emission standards specified in section 

93120.2(a).

(4)(3) Fabricators manufacturing composite wood products exclusively for use by 

the fabricator in making finished goods must comply with all requirements of 

section 93120.3, except the product labeling requirements contained in 

section 93120.3(e). 

(b) Exemptions. 

(1) Windows that contain composite wood products are exempt from the 

requirements of this section if the window product contains less than five

percent by volume of HWPW, PB, or MDF combined in relation to the total 

volume of the finished window product.

(2) Exterior doors and garage doors that contain composite wood products are 

exempt from the requirements of this section if either: (A) the doors are made 

from composite wood products manufactured with no-added formaldehyde 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

29

based resins or ULEF resins; or (B) the doors contain less than three percent 

by volume of HWPW, PB, or MDF combined in relation to the total volume of 

the finished exterior door or garage door. 

(3) Local government agencies and school districts do not need to comply with 

recordkeeping or product labeling requirements of section 93120.7 unless 

finished goods are being sold, offered for sale, or manufactured for sale in 

California.

(c)(b) Additional Requirements to Help Ensure that Complying Composite Wood 

Products and Finished Goods are Purchased. Fabricators must take 

reasonable prudent precautions to ensure that the composite wood products

and composite wood products contained in finished goods that they purchase 

are in compliance with the applicable emission standards specified in section 

93120.2(a), and are labeled as complying with the applicable Phase 1 or 

Phase 2 standards in section 93120.2(a). “Reasonable prudent precautions” 

include, at a minimum, instructing each supplier that the finished goods they 

supply to the fabricator must comply with the applicable emission standards, 

and obtaining written documentation from each supplier that this is so. 

In addition, fabricators must keep records showing the date of purchase and 

the supplier of the composite wood products and finished goods, and 

document the precautions taken to ensure that the composite wood products

and composite wood products contained in finished goods comply with 

applicable emission standards. These records must be kept in electronic or 

hard copy form for a minimum of two years and provided to ARB or local air 

district personnel upon request. This section does not affect the liability of 

any person for any violation of section 93120.2(a).

(d)(c) Product Labeling Requirements. Fabricators must: 

(1) Label their finished goods containing HWPW, PB, or MDF destined for sale or 

supply in California. The label shall be applied as a stamp, tag, sticker, or bar 

code on every finished good produced, or on every box containing finished 

goods. A bar code may not be the sole form of labeling. The label shall 

include, at a minimum, the following information typed or printed in English: 

the fabricator’s name, the date (month and year) the finished good was 

produced and a marking to denote that the product was made with HWPW, 

PB, or MDF that complies with the applicable ARB Phase 1 or Phase 2 

emission standards in section 93120.2(a). This information need not all be on 

one label. Finished goods shall be labeled as having been made with noadded formaldehyde basedNAF resins or ULEF resins if this is so for all 

HWPW, PB, or MDF used in fabricating the finished goods. If a component 

part (e.g., a cabinet door) is being sold to a consumer, the component part 

must be labeled as required by this section. 
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30

(2) Designate their goods as being made with HWPW, PB, or MDF that complies

with the applicable emission standards specified in section 93120.2(a) on the 

bill of lading or invoice provided to distributors, importers, other fabricators, or 

retailers. 

(e)(d) Facility inspections. Fabricators are subject to periodic inspection by ARB or 

local air district personnel. In the course of an inspection, ARB or local air 

district personnel may request to audit records or secure samples for testing. 

All records required by this section shall be made available to ARB or local air 

district personnel within 60 days of request. Composite wood products or 

finished goods secured during an inspection are subject to testing, using the 

applicable enforcement test method specified in section 93120.9, to 

determine compliance with the applicable emission standards.

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511, and 41712, Health 

and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511, and 41712, Health 

and Safety Code.

§ 93120.8 Requirements for Retailers that Sell, Supply, or Offer for Sale 

Hardwood Plywood (HWPW), Particleboard (PB), Medium Density 

Fiberboard (MDF), and Finished Goods Containing Those Materials.

(a) Emission Standards. Except as provided in the “sell-through” provisions of 

section 93120.12, Appendix 1, all retailers must comply with the requirements 

of section 93120.2(a) for all composite wood products and finished goods 

containing these materials that are sold, supplied, offered for sale, or 

purchased for sale in California. 

(b) Additional Requirements to Help Ensure that Complying Composite Wood 

Products and Finished Goods are Purchased. Retailers must take 

reasonable prudent precautions to ensure that the composite wood products

and composite wood products contained in finished goods that they purchase 

comply with the emission standards specified in section 93120.2(a). 

“Reasonable prudent precautions” include, at a minimum, instructing each 

supplier that the goods they supply to the retailer must comply with the 

applicable emission standards, and obtaining written documentation from 

each supplier that this is so. 

In addition, retailers must keep records showing the date of purchase and the 

supplier of the composite wood products and finished goods, and document 

the precautions taken to ensure that the composite wood products and 

composite wood products contained in finished goods comply with applicable 

emission standards. These records must be kept in electronic or hard copy 

form for a minimum of two years and provided to ARB or local air district 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

31

personnel upon request. This section does not affect the liability of any 

person for any violation of section 93120.2(a).

(1) Composite Wood Products. If a composite wood panel is not individually 

labeled, the retailer must have a method (e.g., color-coded edge marking) of 

identifying the supplier of the panel. 

(2) Finished goods containing HWPW, PB, or MDF. If a finished good is not 

individually labeled, the retailer must have a method (e.g., color-coded edge 

marking) of identifying the supplier of the finished good.

(c) Product Label Retention Requirements for Composite Wood Products and 

Finished Goods. Composite wood products and finished goods sold or 

offered for sale in California are required to be labeled by manufacturers and 

fabricators as specified in section 93120.3(e) or section 93120.7(c), 

respectively. Retailers shall retain leave intact the product label on composite 

wood products and finished goods as received from their suppliers to allow 

the person that purchases a composite wood product or finished good to 

identify the compliance level of the composite wood product or composite 

wood products in a finished good. If a customer requests a copy of a product 

label for composite wood panels or finished goods that are not individually 

labeled, a retailer shall provide a copy of the original label.

 

(c)(d) Facility inspections. Retailers may be inspected by ARB or local air district 

personnel. In the course of an inspection, ARB or local air district personnel 

may request to audit records or secure samples for testing. All records 

required by this section shall be made available to ARB or local air district 

personnel within 60 days of request. Composite wood products or finished 

goods secured during an inspection are subject to testing, using the 

applicable enforcement test method specified in section 93120.9, to 

determine compliance with the applicable emission standards.

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511, and 41712, Health 

and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511, and 41712, Health 

and Safety Code.

§ 93120.9 Test Methods.

(a) Compliance Test Methods for HWPW, PB, and MDF. Compliance with the 

emission standards for HWPW, PB, and MDF in section 93120.2(a) and, if 

applicable, section 93120.3(c) or (d) shall be demonstrated by conducting 

product emissions tests, verified by third party certification as specified in 

section 93120.4 and conducted using one of the following:
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

32

(1) The primary method, defined as ASTM E 1333-96(2002)10 (large chamber 

test method).

(2) A secondary method, defined as specified in ASTM D 6007-02(2008), with 

the additional conditions specified below: 

(A) The secondary method shall be operated using the testing conditions and 

loading ratesflow to area ratios specified in ASTM D 6007-02(2008), and 

the conditioning time used to establish equivalence in section 

93120.9(a)(2)(B). In addition, when testing panels the secondary method 

shall be operated by testing nine specimens representing evenly 

distributed portions of an entire panel. The nine specimens shall be tested 

individually or in groups of three specimens, resulting in nine or three 

secondary method test results, respectively, which shall be averaged to 

represent one data point for the panel. 

(B) Equivalence between the secondary method and the primary method must 

be established, at least once eachevery two years, by the third party 

certifier for each testing laboratory used by the third party certifier using a 

secondary method, following a successful equivalence determination for 

three consecutive years. The primary method used in the equivalence 

demonstration must have performed proficiently, as specified in section 

93120.12, Appendix 3, in an interlaboratory comparison with other third 

party certifiers. For third party certifiers or their contract testing 

laboratories that operate multiple secondary methods of identical size at 

the same physical location and operated by the same operator, 

equivalence does not need to be established for each identical secondary 

method, but the testing laboratory must verify and document that identical 

secondary methods produce equivalent results, based on comparative 

testing. Minimum requirements for an equivalence demonstration shall 

include at least ten comparison sample sets, which compare the results of 

the primary and secondary methods. The following parameters must be 

met in the comparison:

1. For the primary method, each comparison sample shall consist of the 

result of simultaneously testing an appropriate number of panels 

(factoring in the loading rate) from the same batch of panels tested by 

the secondary method. 

2. For the secondary method, each comparison sample shall consist of 

testing nine specimens representing evenly distributed portions of an 

entire panel. The nine specimens shall be tested individually or in 

groups of three specimens (factoring in the loading rateflow to area 

ratio), resulting in nine or three secondary method test results, 

respectively, which shall be averaged to represent one data point for 

the panel, and matched to their respective primary method comparison 

sample result.
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

33

3. The ten comparison sample sets shall consist of testing a minimum of 

five sample sets in each one or both of at least two of the following two 

ranges of formaldehyde concentrations, as measured by the primary 

method, with the mean of the test material for the two ranges differing 

by at least 0.03 ppm. If a testing laboratory chooses to conduct 

equivalence testing in only one range, then the secondary method will 

be restricted to certification or verification testing in that range.:

a. Lower range: less than or equal to 0.070.05 ppm

b. Intermediate range: 0.07 to less than 0.15 ppm

c.b. Upper range: 0.150.05 to 0.25 0.13 0.15 0.25 ppm

4. The average and standard deviation of the difference of all comparison 

sets shall be calculated as follows. For each of the two ranges used 

for testing, the following computations shall be performed:

a. Denote the number of sets in the given range by n.

b. Compute the difference between the primary and secondary 

method value. Denote the difference for the i

th set by Di, where i

ranges from 1 to n.

c. Compute the average, 

X

, and standard deviation, S, of the 

differences according to the following formulas:

X D /n

n

i

 i





1



  

n

i

i S (D X) /(n )

1

2

1

5. The secondary method shall be considered equivalent to the primary 

method if the following condition is met for both tested ranges:

X  0.88S  C

where C is equal to:

0.026 for the lower range; and

0.038 for the intermediateupper range; and.

0.052 for the upper range.
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

34

6. Equivalence must be established between the primary and secondary 

method to represent the range in emissions based on the emission 

standards specified in section 93120.2(a) for composite wood products 

that a third party certifier is approved to verify under section 93120.4 

and, if applicable, the range in emissions for no-added formaldehyde 

basedNAF resins or ULEF resins. 

(3) An alternate secondary test procedure may also be used as specified in 

sections 93120.9(a)(3)(A) through 93120.9(a)(3)(C).

(A) Chamber test methods other than ASTM E 1333-96(2002)10 (large 

chamber test method) may be used if they are demonstrated, following the 

minimum requirements specified in section 93120.9(a)(2)(B), to provide 

equivalent results to those obtained using ASTM E 1333-96(2002)10. All 

alternative secondary test methods must be approved in writing by the 

Executive Officer prior to use as specified below.

(B) An application to use an alternative secondary test method must be

submitted to the ARB in writing, and must include, at a minimum, the 

following information and data:

1. A complete description of the test method used to quantify product 

emissions, including all procedures used, precision and reproducibility, 

and the criteria used to demonstrate the validity of the test method.

2. Results collected using the alternate secondary test method and

corresponding equivalent emissions.

(C) Within 45 days of receipt of an application, the Executive Officer shall 

notify the applicant in writing that the application is complete, or if 

additional information or testing is required to complete the application. If 

the Executive Officer finds that an application complies with the 

requirements of this section, then he or she may issue an Executive Order 

certifying that the alternate secondary test procedure provides equivalent 

results to ASTM E 1333-96 (2002)10, and authorize its use for compliance 

testing.

(b) Enforcement Test Method for HWPW, PB, and MDF Samples. Emission 

testing of samples of HWPW, PB, and MDF shall be conducted by ARB or 

local air district personnel using a secondary method, a large chamber [ASTM 

E 1333-96(2002)](ASTM E 1333-10), or an alternate secondary test 

procedure as specified in section 93120.9(a). Sample handling procedures 

shall be followed as specified in the applicable ASTM method or alternate 

secondary test procedures. 

(c) Enforcement Test Method for Finished Goods Containing HWPW, PB, and

MDF. Emission testing of samples of HWPW, PB, and MDF contained in 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

35

finished goods shall be conducted by ARB or local air district personnel using 

a secondary method, or an alternate secondary test procedure as specified in 

section 93120.9(a). Sample handling procedures shall be followed that are 

consistent with those specified in ASTM D 6007-02(2008) or alternate 

secondary test procedures.

(d) Quality Control Test Method. A test method correlated to either the primary 

or secondary methods for performing routine quality control tests as required 

by section 93120.3. A correlation and linear regression equation must be 

established between the quality control test method and the primary,

secondary, or alternate secondary test method. The correlation and linear 

regression equation must be based on a minimum sample size of five data 

pairs. 

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511, and 41712, Health 

and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511, and 41712, Health 

and Safety Code.

§ 93120.10 Incorporation by Reference.

The following documents are incorporated by reference in this airborne toxic control 

measure: 

(a) ANSI A135.4-20042012. American National Standard – Basic Hardboard, 

20042012.

(b) ANSI A135.5-20042012. American National Standard – Prefinished 

Hardboard Paneling, 20042012.

(c) ANSI A135.6-20062012. American National Standard – Hardboard Siding, 

20062012. 

(d) ANSI A190.1-200220072012. American National Standard – Structural Glued 

Laminated Timber, 200220072012. 

(e) ANSI A208.1-19992009. American National Standard – Particleboard,

19992009.

(f) ANSI A208.2-20022009. American National Standard – Medium Density 

Fiberboard, 20022009.

(g) ANSI/HPVA HP-1-20042009. American National Standard for Hardwood and 

Decorative Plywood, 20042009. 

(h) ANSI/APA PRG 320-2012. Standard for Performance-Rated CrossLaminated Timber, 2012.

(i) ASTM C208-12, Standard Specification for Cellulosic Fiber Insulating Board, 

2012.

(h)(j) ASTM D 5055-0511a13. Standard Specification for Establishing and 

Monitoring Structural Capacities of Prefabricated Wood I-Joists, 

200520112013. 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

36

(i)(k) ASTM D 5456-0611a13. Standard Specification for Evaluation of Structural 

Composite Lumber Products, 200620112013.

(j)(l) ASTM D 5582-00(2006). Standard Test Method for Determining 

Formaldehyde Levels from Wood Products Using a Desiccator, 20002006. 

(k)(m) ASTM D 6007-02(2008). Standard Test Method for Determining 

Formaldehyde Concentration in Air from Wood Products Using a Small Scale 

Chamber, 20022008. 

(l)(n) ASTM E 1333-96(2002)10. Standard Test Method for Determining 

Formaldehyde Concentrations in Air and Emission Rates from Wood 

Products Using a Large Chamber, 20022010. 

(m) ILAC. International Laboratory Accreditation Cooperation Mutual Recognition 

Arrangement, 2000. 

(o) IAF. International Accreditation Forum Multilateral Recognition Agreement, 

2013. 

(p) ILAC. International Laboratory Accreditation Cooperation Mutual Recognition 

Arrangement, 2000.

(m)(o) ISO/IEC 17020: 1998. General Criteria for the Operation of Various Types of 

Bodies Performing Inspection, 1998.

(n)(p)(q)ISO/IEC 17025: 2005. General Requirements for the Competence of Testing 

and Calibration Laboratories, 2005.

(o)(q)(r) ISO/IEC Guide 65. General Requirements for Bodies Operating Product 

Certification Systems, 1996

(p)(r)(s) ISO/IEC 17065: 2012. Conformity Assessment – Requirements for Bodies 

Certifying Products, Processes, and Services, 2012.

(n)(p)(s)(t) PS 1-07-09. Voluntary Product Standard – Structural Plywood. National 

Institute of Standards and Technology, 20072009.

(o)(q)(t)(u) PS 2-0410. Voluntary Product Standard – Performance Standard for 

Wood-Based Structural-Use Panels. National Institute of Standards and 

Technology, 20042010. 

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511, and 41712, Health 

and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511, and 41712, Health 

and Safety Code.

§ 93120.11 Severability.

Each part of this airborne toxic control measure (ATCM) shall be deemed severable, 

and in the event that any part of this ATCM is held to be invalid, the remainder of this 

ATCM shall continue in full force and effect. 

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, and 41712, Health and 

Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, and 41712, Health and Safety 

Code.
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

37

§ 93120.12 Appendices.

This section contains Appendices 1 - 3 to the Airborne Toxic Control Measure to 

Reduce Formaldehyde Emissions from Composite Wood Products.
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38

Appendix 1. Sell-through Provisions and Dates that Apply to Manufacturers, 

Distributors, Importers, Fabricators, and Retailers.

(a) Sell-through Dates that Apply to Manufacturers of Hardwood Plywood 

(HWPW), Particleboard (PB), and Medium Density Fiberboard (MDF).

(1) Sell-through by Manufacturers of Hardwood Plywood, Particleboard, and 

Medium Density Fiberboard Manufactured Before the Effective Dates of the 

Phase 1 and Phase 2 Emission Standards. Hardwood plywood, 

particleboard, and medium density fiberboard manufactured before the 

Phase 1 and Phase 2 effective dates specified in section 93120.2(a) may be 

sold, supplied, or offered for sale by the product manufacturer for up to three

months after each of the specified effective dates. The specific sell-through 

dates for the Phase 1 and Phase 2 emission standards specified in section 

93120.2(a) are as follows:

(A) Hardwood plywood made with a veneer core (HWPW-VC). 

1. Panels of HWPW-VC manufactured before January 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, or offered 

for sale by the product manufacturer until March 31, 2009. Beginning 

April 1, 2009, all HWPW-VC subject to the Phase 1 standard must 

comply with this standard, regardless of the date on which the products 

were manufactured.

2. Panels of HWPW-VC manufactured before January 1, 2010, that 

comply with the Phase 1 standard, but do not comply with the Phase 2 

standard, may be sold, supplied, or offered for sale by the product 

manufacturer until March 31, 2010. Beginning April 1, 2010, all 

HWPW-VC subject to the Phase 2 standard must comply with this 

standard, regardless of the date on which the products were 

manufactured.

(B) Hardwood plywood made with a composite core (HWPW-CC). 

1. Panels of HWPW-CC manufactured before July 1, 2009, that do not 

comply with the Phase 1 standard may be sold, supplied, or offered for 

sale by the product manufacturer until September 30, 2009. Beginning 

October 1, 2009, all HWPW-CC subject to the Phase 1 standard must 

comply with this standard, regardless of the date on which the products 

were manufactured.

2. Panels of HWPW-CC manufactured before July 1, 2012, that comply 

with the Phase 1 standard, but do not comply with the Phase 2 

standard, may be sold, supplied, or offered for sale by the product 

manufacturer until September 30, 2012. Beginning October 1, 2012, 
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39

all HWPW-CC subject to the Phase 2 standard must comply with this 

standard, regardless of the date on which the products were 

manufactured.

(C) Particleboard (PB), medium density fiberboard (MDF), and thin MDF. 

1. Panels of PB, MDF, and thin MDF manufactured before 

January 1, 2009, that do not comply with the Phase 1 standard may be 

sold, supplied, or offered for sale by the product manufacturer until 

March 31, 2009. Beginning April 1, 2009, all PB, MDF, and thin MDF

subject to the Phase 1 standard must comply with this standard, 

regardless of the date on which the products were manufactured.

2. Panels of PB and MDF manufactured before January 1, 2011, that 

comply with the Phase 1 standard, but do not comply with the Phase 2 

standard, may be sold, supplied, or offered for sale by the product 

manufacturer until March 31, 2011. Beginning April 1, 2011, all PB 

and MDF subject to the Phase 2 standard must comply with this 

standard, regardless of the date on which the products were 

manufactured. 

3. Panels of thin MDF manufactured before January 1, 2012, that comply 

with the Phase 1 standard, but do not comply with the Phase 2 

standard, may be sold, supplied, or offered for sale by the product 

manufacturer until March 31, 2012. Beginning April 1, 2012, all thin 

MDF subject to the Phase 2 standard must comply with this standard, 

regardless of the date on which the products were manufactured. 

(b) Sell-through Dates that Apply to Distributors of HWPW, PB, and MDF.

(1) Sell-through by Distributors of Hardwood Plywood, Particleboard, and 

Medium Density Fiberboard Manufactured Before the Effective Dates of the 

Phase 1 and Phase 2 Emission Standards. Hardwood plywood, 

particleboard, or medium density fiberboard manufactured before the Phase 1 

and Phase 2 effective dates specified in section 93120.2(a) may be sold, 

supplied, or offered for sale by distributors for up to five months after each of 

the specified effective dates. The until the specific sell-through dates for each 

of the Phase 1 and Phase 2 emission standards specified in section 

93120.2(a) are as follows: 

(A) Hardwood plywood made with a veneer core (HWPW-VC).

1. Panels of HWPW-VC manufactured before January 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, offered 

for sale, or used by distributors until May 31, 2009December 31, 2010. 

Beginning June 1, 2009January 1, 2011, all HWPW-VC subject to the 
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40

Phase 1 standard must comply with this standard, regardless of the 

date on which the products were manufactured.

2. Panels of HWPW-VC manufactured before January 1, 2010, that do 

not comply with the Phase 2 standard may be sold, supplied, offered 

for sale, or used by distributors until May 31, 2010December 31, 2010. 

Beginning June 1, 2010January 1, 2011, all HWPW-VC subject to the 

Phase 2 standard must comply with this standard, regardless of the 

date on which the products were manufactured.

(B) Hardwood plywood made with a composite core (HWPW-CC).

1. Panels of HWPW-CC manufactured before July 1, 2009, that do not 

comply with the Phase 1 standard may be sold, supplied, offered for 

sale, or used by distributors until November 30, 2009 

December 31, 2010. Beginning December 1, 2009 January 1, 2011, 

all HWPW-CC subject to the Phase 1 standard must comply with this 

standard, regardless of the date on which the products were 

manufactured.

2. Panels of HWPW-CC manufactured before July 1, 2012, that do not 

comply with the Phase 2 standard may be sold, supplied, offered for 

sale, or used by distributors until November 30, 2012. Beginning 

December 1, 2012, all HWPW-CC subject to the Phase 2 standard 

must comply with this standard, regardless of the date on which the 

products were manufactured.

(C) Particleboard (PB) and medium density fiberboard (MDF).

1. Panels of PB and MDF manufactured before January 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, offered 

for sale, or used by distributors until May 31, 2009December 31, 2010. 

Beginning June 1, 2009January 1, 2011, all PB and MDF subject to the 

Phase 1 standard must comply with this standard, regardless of the 

date on which the products were manufactured.

2. Panels of PB and MDF manufactured before January 1, 2011, that do 

not comply with the Phase 2 standard may be sold, supplied, offered 

for sale, or used by distributors until May 31, 2011December 31, 2011. 

Beginning June 1, 2011January 1, 2012, all PB and MDF subject to the 

Phase 2 standard must comply with this standard, regardless of the 

date on which the products were manufactured.
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41

(D) Thin MDF.

1. Panels of thin MDF manufactured before January 1, 2009, that do not 

comply with the Phase 1 standard may be sold, supplied, offered for 

sale, or used by distributors until May 31, 2009December 31, 2010. 

Beginning June 1, 2009January 1, 2011, all thin MDF subject to the 

Phase 1 standard must comply with this standard, regardless of the 

date on which the products were manufactured.

2. Panels of thin MDF manufactured before January 1, 2012, that do not 

comply with the Phase 2 standard may be sold, supplied, offered for 

sale, or used by distributors until May 31, 2012. Beginning 

June 1, 2012, all thin MDF subject to the Phase 2 standard must 

comply with this standard, regardless of the date on which the products 

were manufactured.

(2) Sell-through by Distributors of Finished Goods Containing Hardwood Plywood 

made with a Veneer Core (HWPW-VC), Hardwood Plywood made with a 

Composite Core (HWPW-CC), Particleboard (PB), Medium Density 

Fiberboard (MDF), or thin MDF Before the Effective Dates of the Phase 1 and 

Phase 2 Emission Standards. Finished goods containing HWPW-VC, 

HWPW-CC, PB, MDF, or thin MDF manufactured before the Phase 1 and 

Phase 2 effective dates specified in section 93120.2(a) may be sold, supplied, 

offered for sale by distributors for up to eighteen months after each of the 

specified effective dates. The until the specific sell-through dates for the 

Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are

as follows: 

(A) Finished goods containing hardwood plywood made with a veneer core 

(HWPW-VC).

1. Finished goods containing HWPW-VC that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by 

distributors until June 30, 2010December 31, 2011. Beginning July 1, 

2010January 1, 2012, finished goods containing HWPW-VC, sold, 

supplied, or offered for sale must comply with the Phase 1 standard, 

regardless of the date that the product was fabricated.

2. Finished goods containing HWPW-VC that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by 

distributors until June 30, 2011December 31, 2012. Beginning July 1, 

2011January 1, 2013, finished goods containing HWPW-VC, sold, 

supplied, or offered for sale must comply with the Phase 2 standard, 

regardless of the date that the product was fabricated.
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

42

(B) Finished goods containing hardwood plywood made with a composite core 

(HWPW-CC).

1. Finished goods containing HWPW-CC that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by 

distributors until December 31, 20102011. Beginning January 1, 

20112012, finished goods containing HWPW-CC, sold, supplied, or 

offered for sale must comply with the Phase 1 standard, regardless of 

the date that the product was fabricated.

2. Finished goods containing HWPW-CC that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by 

distributors until December 31, 2013. Beginning January 1, 2014, 

finished goods containing HWPW-CC, sold, supplied, or offered for 

sale must comply with the Phase 2 standard, regardless of the date 

that the product was fabricated.

(C) Finished goods containing particleboard (PB) and/or medium density 

fiberboard (MDF).

 

1. Finished goods containing PB and/or MDF that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale by 

distributors until June 30, 2010December 31, 2011. Beginning July 1, 

2010January 1, 2012, finished goods containing PB and/or MDF, sold, 

supplied, or offered for sale must comply with the Phase 1 standard, 

regardless of the date that the product was fabricated.

2. Finished goods containing PB and/or MDF that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale by 

distributors until June 30, 2012December 31, 2012. Beginning July 1, 

2012January 1, 2013, finished goods containing PB and/or MDF, sold, 

supplied, or offered for sale must comply with the Phase 2 standard, 

regardless of the date that the product was fabricated.

(D) Finished goods containing thin MDF.

 

1. Finished goods containing thin MDF that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by 

distributors until June 30, 2010December 31, 2011. Beginning July 1, 

2010January 1, 2012, finished goods containing thin MDF, sold, 

supplied, or offered for sale must comply with the Phase 1 standard, 

regardless of the date that the product was fabricated.

2. Finished goods containing thin MDF that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by 

distributors until June 30, 2013. Beginning July 1, 2013, finished 
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43

goods containing thin MDF, sold, supplied, or offered for sale must 

comply with the Phase 2 standard, regardless of the date that the 

product was fabricated.

(c) Sell-through Dates that Apply to Importers of HWPW, PB, and MDF.

(1) Sell-through by Importers of Hardwood Plywood (HWPW), Particleboard (PB), 

and Medium Density Fiberboard (MDF) Manufactured Before the Effective 

Dates of the Phase 1 and Phase 2 Emission Standards. Hardwood plywood, 

particleboard, or medium density fiberboard manufactured before the Phase 1 

and Phase 2 effective dates specified in section 93120.2(a) may be sold, 

supplied, offered for sale, or used by importers for up to three months after 

each of the specified effective dates. The specific sell-through dates for the 

Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are 

as follows: 

(A) Hardwood plywood made with a veneer core (HWPW-VC).

1. Panels of HWPW-VC manufactured before January 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, offered 

for sale, or used by importers until March 31, 2009. Beginning 

April 1, 2009, all HWPW-VC subject to the Phase 1 standard must 

comply with this standard, regardless of the date on which the products 

were manufactured.

2. Panels of HWPW-VC manufactured before January 1, 2010, that do 

not comply with the Phase 2 standard may be sold, supplied, offered 

for sale, or used by importers until March 31, 2010. Beginning 

April 1, 2010, all HWPW-VC subject to the Phase 2 standard must 

comply with this standard, regardless of the date on which the products 

were manufactured.

(B) Hardwood plywood made with a composite core (HWPW-CC).

1. Panels of HWPW-CC manufactured before July 1, 2009, that do not 

comply with the Phase 1 standard may be sold, supplied, offered for 

sale, or used by importers until September 30, 2009. Beginning 

October 1, 2009, all HWPW-CC subject to the Phase 1 standard must 

comply with this standard, regardless of the date on which the products 

were manufactured.

2. Panels of HWPW-CC manufactured before July 1, 2012, that do not 

comply with the Phase 2 standard may be sold, supplied, offered for 

sale, or used by importers until September 30, 2012. Beginning 

October 1, 2012, all HWPW-CC subject to the Phase 2 standard must 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

44

comply with this standard, regardless of the date on which the products 

were manufactured.

(C) Particleboard (PB) and medium density fiberboard (MDF).

1. Panels of PB and MDF manufactured before January 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, offered 

for sale, or used by importers until March 31, 2009. Beginning 

April 1, 2009, all PB and MDF subject to the Phase 1 standard must 

comply with this standard, regardless of the date on which the products 

were manufactured.

2. Panels of PB and MDF manufactured before January 1, 2011, that do 

not comply with the Phase 2 standard may be sold, supplied, offered 

for sale, or used by importers until March 31, 2011. Beginning 

April 1, 2011, all PB and MDF subject to the Phase 2 standard must 

comply with this standard, regardless of the date on which the products 

were manufactured.

(D) Thin MDF.

1. Panels of thin MDF manufactured before January 1, 2009, that do not 

comply with the Phase 1 standard may be sold, supplied, offered for 

sale, or used by importers until March 31, 2009. Beginning 

April 1, 2009, all thin MDF subject to the Phase 1 standard must 

comply with this standard, regardless of the date on which the products 

were manufactured.

2. Panels of thin MDF manufactured before January 1, 2012, that do not 

comply with the Phase 2 standard may be sold, supplied, offered for 

sale, or used by importers until March 31, 2012. Beginning 

April 1, 2012, all thin MDF subject to the Phase 2 standard must 

comply with this standard, regardless of the date on which the products 

were manufactured.

(2) Sell-through by Importers of Finished Goods Containing Hardwood Plywood 

made with a Veneer Core (HWPW-VC), Hardwood Plywood made with a 

Composite Core (HWPW-CC), Particleboard (PB), Medium Density 

Fiberboard (MDF), or thin MDF Before the Effective Dates of the Phase 1 and 

Phase 2 Emission Standards. Finished goods containing HWPW-VC, 

HWPW-CC, PB, MDF, or thin MDF manufactured before the Phase 1 and 

Phase 2 effective dates specified in section 93120.2(a) may be sold, supplied, 

offered for sale by importers for up to eighteen months after each of the 

specified effective dates. The until the specific sell-through dates for the 

Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are

as follows: 
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45

(A) Finished goods containing hardwood plywood made with a veneer core 

(HWPW-VC).

1. Finished goods containing HWPW-VC that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by 

importers until June 30, 2010December 31, 2010. Beginning 

July 1, 2010January 1, 2011, finished goods containing HWPW-VC, 

sold, supplied, or offered for sale must comply with the Phase 1 

standard, regardless of the date that the product was fabricated.

2. Finished goods containing HWPW-VC that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by 

importers until June 30, 20112012. Beginning July 1, 20112012, 

finished goods containing HWPW-VC, sold, supplied, or offered for 

sale must comply with the Phase 2 standard, regardless of the date 

that the product was fabricated.

(B) Finished goods containing hardwood plywood made with a composite core 

(HWPW-CC).

1. Finished goods containing HWPW-CC that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by 

importers until December 31, 2010. Beginning January 1, 2011,

finished goods containing HWPW-CC, sold, supplied, or offered for 

sale must comply with the Phase 1 standard, regardless of the date 

that the product was fabricated.

2. Finished goods containing HWPW-CC that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by 

importers until December 31, 2013. Beginning January 1, 2014, 

finished goods containing HWPW-CC, sold, supplied, or offered for 

sale must comply with the Phase 2 standard, regardless of the date 

that the product was fabricated.

(C) Finished goods containing particleboard (PB) and/or medium density 

fiberboard (MDF).

 

1. Finished goods containing PB and/or MDF that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale by 

importers until June 30, 2010December 31, 2010. Beginning 

July 1, 2010January 1, 2011, finished goods containing PB and/or 

MDF, sold, supplied, or offered for sale must comply with the Phase 1 

standard, regardless of the date that the product was fabricated.
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46

2. Finished goods containing PB and/or MDF that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale by 

importers until June 30, 2012. Beginning July 1, 2012, finished goods 

containing PB and/or MDF, sold, supplied, or offered for sale must 

comply with the Phase 2 standard, regardless of the date that the 

product was fabricated.

(D) Finished goods containing thin MDF.

 

1. Finished goods containing thin MDF that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by 

importers until June 30, 2010December 31, 2010. Beginning 

July 1, 2010January 1, 2011, finished goods containing thin MDF, sold, 

supplied, or offered for sale must comply with the Phase 1 standard, 

regardless of the date that the product was fabricated.

2. Finished goods containing thin MDF that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by 

importers until June 30, 2013. Beginning July 1, 2013, finished goods 

containing thin MDF, sold, supplied, or offered for sale must comply 

with the Phase 2 standard, regardless of the date that the product was 

fabricated.

(d) Sell-through Dates that Apply to Fabricators Using HWPW, PB, and 

MDF.

(1) Sell-through by Fabricators of Finished Goods Produced Before the Effective 

Dates of the Phase 1 and Phase 2 Emission Standards. Finished goods 

containing HWPW-VC, HWPW-CC, PB, MDF, or thin MDF that does not 

comply with the Phase 1 and Phase 2 effective dates specified in section 

93120.2(a) may be used, sold, supplied, offered for sale by fabricators for up 

to eighteen months after each of the specified effective dates until the specific 

sell-through dates specified below. During the eighteen month sell-through 

period, fabricators may sell finished goods made before the effective date of 

the Phase 2 emission standards that contain Phase 1 composite wood 

products; may use Phase 1 composite wood products from their inventory to 

make finished goods; and may purchase Phase 1 composite wood products 

during applicable sell-through periods for manufacturers, importers, 

distributors, and retailers, and use those products to make finished goods. 

The specific sell-through dates for the Phase 1 and Phase 2 emission 

standards specified in section 93120.2(a) are as follows: 
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47

(A) Finished goods containing hardwood plywood made with a veneer core 

(HWPW-VC).

1. Finished goods made with HWPW-VC that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by 

fabricators until June 30, 2010December 31, 2011. Beginning July 1, 

2010January 1, 2012, all finished goods sold, supplied, or offered for 

sale must be made with HWPW-VC that complies with the Phase 1 

standard, regardless of the date that the finished good was fabricated.

2. Finished goods made with HWPW-VC that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by 

fabricators until June 30, 2011December 31, 2012. Beginning July 1, 

2011January 1, 2013, all finished goods sold, supplied, or offered for 

sale must be made with HWPW-VC that complies with the Phase 2 

standard, regardless of the date that the finished good was fabricated.

(B) Finished goods containing hardwood plywood made with a composite core 

(HWPW-CC). 

1. Finished goods made with HWPW-CC that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by 

fabricators until December 31, 20102011. Beginning January 1,

20112012, all finished goods sold, supplied, or offered for sale must be 

made with HWPW-CC that complies with the Phase 1 standard, 

regardless of the date that the finished good was fabricated.

2. Finished goods made with HWPW-CC that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by 

fabricators until December 31, 2013. Beginning January 1, 2014, all 

finished goods sold, supplied, or offered for sale must be made with 

HWPW-CC that complies with the Phase 2 standard, regardless of the 

date that the finished good was fabricated.

(C) Finished goods containing particleboard (PB) and/or medium density 

fiberboard (MDF). 

1. Finished goods made with PB and/or MDF that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale by 

fabricators until June 30, 2010December 31, 2011. Beginning July 1, 

2010January 1, 2012, all finished goods sold, supplied, or offered for 

sale must be made with PB and/or MDF that complies with the 

Phase 1 standard, regardless of the date that the finished good was 

fabricated.
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48

2. Finished goods made with PB and/or MDF that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale by 

fabricators until June 30, 2012December 31, 2012. Beginning July 1, 

2012January 1, 2013, all finished goods sold, supplied, or offered for 

sale must be made with PB and/or MDF that complies with the 

Phase 2 standard, regardless of the date that the finished good was 

fabricated.

(D) Finished goods containing thin MDF. 

1. Finished goods made with thin MDF that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by 

fabricators until June 30, 2010December 31, 2011. Beginning July 1, 

2010January 1, 2012, all finished goods sold, supplied, or offered for 

sale must be made with thin MDF that complies with the Phase 1 

standard, regardless of the date that the finished good was fabricated.

2. Finished goods made with thin MDF that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by 

fabricators until June 30, 2013. Beginning July 1, 2013, all finished 

goods sold, supplied, or offered for sale must be made with thin MDF 

that complies with the Phase 2 standard, regardless of the date that 

the finished good was fabricated.

(e) Sell-through Dates that Apply to Retailers of HWPW, PB, and MDF.

(1) Sell-through by Retailers of Hardwood Plywood made with a Veneer Core 

(HWPW-VC), Hardwood Plywood made with a Composite Core (HWPW-CC), 

Particleboard (PB), Medium Density Fiberboard (MDF), or thin MDF Panels 

Before the Effective Dates of the Phase 1 and Phase 2 Emission Standards. 

Hardwood plywood, particleboard, or medium density fiberboard panels 

manufactured before the Phase 1 and Phase 2 effective dates specified in 

section 93120.2(a) may be sold, supplied, or offered for sale by retailers for 

up to twelve months after each of the specified effective dates. The until the

specific sell-through dates for the Phase 1 and Phase 2 emission standards 

specified in section 93120.2(a) are as follows: 

(A) Hardwood plywood made with a veneer core (HWPW-VC).

1. Panels of HWPW-VC manufactured before January 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, or offered 

for sale by retailers until December 31, 20092010. Beginning 

January 1, 20102011, all HWPW-VC, sold, supplied, or offered for 

sale, must comply with the Phase 1 standard, regardless of the date on 

which the products were manufactured.
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49

2. Panels of HWPW-VC manufactured before January 1, 2010, that do 

not comply with the Phase 2 standard may be sold, supplied, or offered 

for sale by retailers until December 31, 2010. Beginning 

January 1, 2011, all HWPW-VC, sold, supplied, or offered for sale,

must comply with the Phase 2 standard, regardless of the date on 

which the products were manufactured.

(B) Hardwood plywood made with a composite core (HWPW-CC). 

1. Panels of HWPW-CC manufactured before July 1, 2009, that do not 

comply with the Phase 1 standard may be sold, supplied, or offered for 

sale by retailers until June 30, 2010December 31, 2010. Beginning

July 1, 2010January 1, 2011, all HWPW-CC, sold, supplied, or offered 

for sale, must comply with the Phase 1 standard, regardless of the 

date on which the products were manufactured.

2. Panels of HWPW-CC manufactured before July 1, 2012, that do not 

comply with the Phase 2 standard may be sold, supplied, or offered for 

sale by retailers until June 30, 2013. Beginning July 1, 2013, all 

HWPW-CC, sold, supplied, or offered for sale, must comply with the 

Phase 2 standard, regardless of the date on which the products were 

manufactured.

(C) Particleboard (PB) and/or medium density fiberboard (MDF). 

1. Panels of PB or MDF manufactured before January 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, or offered 

for sale by retailers until December 31, 20092010. Beginning 

January 1, 20102011, all PB or MDF, sold, supplied, or offered for 

sale, must comply with the Phase 1 standard, regardless of the date on 

which the products were manufactured.

2. Panels of PB or MDF manufactured before January 1, 2011, that do 

not comply with the Phase 2 standard may be sold, supplied, or offered 

for sale by retailers until December 31, 2011. Beginning 

January 1, 2012, all PB or MDF, sold, supplied, or offered for sale,

must comply with the Phase 2 standard, regardless of the date on 

which the products were manufactured.

(D) Thin MDF. 

1. Panels of thin MDF manufactured before January 1, 2009, that do not 

comply with the Phase 1 standard may be sold, supplied, or offered for 

sale by retailers until December 31, 20092010. Beginning 

January 1, 20102011, all thin MDF, sold, supplied, or offered for sale,
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

50

must comply with the Phase 1 standard, regardless of the date on 

which the products were manufactured.

2. Panels of thin MDF manufactured before January 1, 2012, that do not 

comply with the Phase 2 standard may be sold, supplied, or offered for 

sale by retailers until December 31, 2012. Beginning January 1, 2013, 

all thin MDF, sold, supplied, or offered for sale, must comply with the 

Phase 2 standard, regardless of the date on which the products were 

manufactured.

(2) Sell-through by Retailers of Finished Goods Containing Hardwood Plywood 

made with a Veneer Core (HWPW-VC), Hardwood Plywood made with a 

Composite Core (HWPW-CC), Particleboard (PB), Medium Density 

Fiberboard (MDF), or thin MDF Before the Effective Dates of the Phase 1 and 

Phase 2 Emission Standards. Finished goods containing HWPW-VC, 

HWPW-CC, PB, MDF, or thin MDF manufactured before the Phase 1 and

Phase 2 effective dates specified in section 93120.2(a) may be sold, supplied, 

offered for sale, or used by retailers for up to eighteen months after each of 

the specified effective dates. The until the specific sell-through dates for the 

Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are

as follows: 

(A) Finished goods containing hardwood plywood made with a veneer core 

(HWPW-VC).

1. Finished goods containing HWPW-VC that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by retailers 

until June 30, 2010December 31, 2012. Beginning July 1, 

2010January 1, 2013, finished goods containing HWPW-VC, sold, 

supplied, or offered for sale, must comply with the Phase 1 standard, 

regardless of the date that the product was fabricated.

2. Finished goods containing HWPW-VC that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by retailers 

until June 30, 2011December 31, 2013. Beginning July 1, 

2011January 1, 2014, finished goods containing HWPW-VC, sold, 

supplied, or offered for sale, must comply with the Phase 2 standard, 

regardless of the date that the product was fabricated.

(B) Finished goods containing hardwood plywood made with a composite core 

(HWPW-CC).

1. Finished goods containing HWPW-CC that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by retailers 

until December 31, 20102012. Beginning January 1, 20112013, 

finished goods containing HWPW-CC, sold, supplied, or offered for 
 DRAFT – For Discussion Purposes Only for March 18, 2014 Workshop

51

sale, must comply with the Phase 1 standard, regardless of the date 

that the product was fabricated.

2. Finished goods containing HWPW-CC that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by retailers 

until December 31, 2013. Beginning January 1, 2014, finished goods 

containing HWPW-CC, sold, supplied, or offered for sale, must comply 

with the Phase 2 standard, regardless of the date that the product was 

fabricated.

(C) Finished goods containing particleboard (PB) and/or medium density 

fiberboard (MDF).

 

1. Finished goods containing PB and/or MDF that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale by 

retailers until June 30, 2010December 31, 2012. Beginning July 1, 

2010January 1, 2013, finished goods containing PB and/or MDF, sold, 

supplied, or offered for sale, must comply with the Phase 1 standard, 

regardless of the date that the product was fabricated.

2. Finished goods containing PB and/or MDF that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale by 

retailers until June 30, 2012December 31, 2013. Beginning July 1, 

2012January 1, 2014, finished goods containing PB and/or MDF, sold, 

supplied, or offered for sale, must comply with the Phase 2 standard, 

regardless of the date that the product was fabricated.

(D) Finished goods containing thin MDF.

 

1. Finished goods containing thin MDF that does not comply with the 

Phase 1 standard may be sold, supplied, or offered for sale by retailers 

until June 30, 2010December 31, 2012. Beginning July 1, 

2010January 1, 2013, finished goods containing thin MDF, sold, 

supplied, or offered for sale, must comply with the Phase 1 standard, 

regardless of the date that the product was fabricated.

2. Finished goods containing thin MDF that does not comply with the 

Phase 2 standard may be sold, supplied, or offered for sale by retailers 

until June 30, 2013December 31, 2013. Beginning July 1, 

2013January 1, 2014, finished goods containing thin MDF, sold, 

supplied, or offered for sale, must comply with the Phase 2 standard, 

regardless of the date that the product was fabricated.
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52

Appendix 2. Quality Assurance Requirements for Manufacturers of 

Composite Wood Products.

(a) Purpose.

The purpose of Appendix 2 of section 93120.12 is to provide quality 

assurance requirements for manufacturers of composite wood products to 

ensure compliance with the applicable formaldehyde emission standards in 

section 93120.2(a). Manufacturers must demonstrate compliance with the 

emission standards by way of third party certification, and must comply with 

the quality assurance requirements contained in Appendix 2. The 

requirements of Appendix 2 do not apply to product types for manufacturers 

who have received ARB approval to use no-added formaldehyde basedNAF

resins or ULEF resins that have been exempted from third party certification 

requirements for those product types, except for the purpose of applying for 

an amendment or re-approval to continue to use no-added formaldehyde 

basedNAF resins as specified in section 93120.3(c) or ULEF resins as 

specified in section 93120.3(d). 

Requirements are specified for: preparation of a quality control manual, 

establishment of a quality control function at the manufacturing plant 

(including testing equipment and designated quality control personnel), 

routine quality control procedures conducted at the plant, participation in 

periodic inspections and product testing by the third party certifying 

organization, and recordkeeping. These requirements are designed to 

ensure that certified unfinished (including sanded) composite wood products

meet the applicable emission standards. Note: All panels must be tested in 

an unfinished condition, prior to application of a finishing or topcoat coating.

(b) Responsibility for Product Performance.

The manufacturer is responsible for the performance of all certified products, 

including meeting the applicable standard(s) in section 93120.2(a) against 

which its products are certified. A manufacturer must either: 

(1) obtain Quality quality control data must be obtained within a sufficient amount 

of time to avoid shipping of non-complying lots.; or 

(2) have a plan approved by their third party certifier for notifying a customer 

within 72 hours of the manufacturer determining that non-complying panels 

have been shipped to a customer. 

(c) Quality Control Manual.

Each manufacturing plant must have a written quality control manual, which 

shall, at a minimum, contain the following:
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53

(1) organizational structure of the quality control department;

(2) sampling procedures;

(3) method of handling samples;

(4) frequency of small scale quality control testing;

(5) procedures to identify changes in formaldehyde emissions resulting from 

production changes (e.g., increase in percentage of resin, increase in 

formaldehyde/urea molar ratio in the resin, or decrease in press time);

(6) provisions for additional testing;

(7) recordkeeping requirements; and 

(8) average percentage of resin and press time for each product type.

(d) Quality Control Facilities.

At each manufacturing plant or location designated by manufacturers with 

more than one manufacturing plant, laboratory facilities and equipment shall 

be provided and properly maintained as a quality control facility for conducting

such tests as are required by Appendix 2. Alternatively, the quality control 

facility may be a contract laboratory or a laboratory operated by an approved 

third party certifier. Equipment shall be calibrated in accordance with the 

equipment manufacturer’s instructions. The original and any subsequent 

equipment calibration records shall be maintained. 

(e) Quality Control Personnel.

(1) Quality Control Manager

Each plant shall have a person with adequate experience and/or training to 

be responsible for formaldehyde emission quality control. This person shall 

report to the plant manager and shall be identified to the third party certifier. 

The third party certifier shall be informed in writing within ten days of any 

change in his or her identity. The quality control manager shall review and 

approve all reports of routine small scale testing conducted on the plant’s 

production. If a manufacturer with one or more manufacturing plants uses a 

testing facility to test routine quality control production samples, the quality 

control manager shall be responsible for ensuring that the samples are 

collected, packaged, and shipped according to the procedures specified in the 

quality control manual. The plant quality control manager shall be 

responsible for working with the company’s testing facility to monitor results, 

and shall immediately inform the third party certifier by telephone, email, or 

FAX and by letter of any changes in production that require re-inspections as 

set forth in section 93120.12, Appendix 3.
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(2) Quality Control Employee

Quality control employees shall have adequate experience and/or training to 

conduct accurate chemical quantitative analytical tests. The Quality Control 

Manager shall identify each person conducting routine small scale tests to the 

third party certifier. All quality control employees must be certified annually by 

the third party certifier for operation of the quality control test method.

(3) Chemical Analysis Tests

(A) Duplicate Analysis

The manufacturer will contact the third party certifier to request 

certification of any quality control employee identified by the Quality 

Control Manager. The third party certifier or plant Quality Control 

Manager shall test one portion of a formaldehyde solution based on the 

manufacturer’s range in expected formaldehyde emissions; the employee 

to be certified shall test another portion of the same solution. The results 

of each test must be within a range of concentrations established by the 

third party certifier, to verify the correlation of the quality control test 

method. 

(B) Blind Samples

The employee to be certified must determine the formaldehyde content of 

four sample solutions submitted to them by the third party certifier or plant 

Quality Control Manager. The formaldehyde content of the four sample 

solutions must be determined to be within a range of concentrations 

established by the third party certifier, to verify the correlation of the quality 

control test method.

(f) Primary or Secondary Method Tests.

(1) Initial (Qualifying) Primary or Secondary Method Test

Each product type, from each production line of each plant must be tested in 

a primary or secondary method testing chamber. The laboratory operating 

the chamber must be accredited by an accreditation body that is a signatory 

to the International Laboratory Accreditation Cooperation Mutual Recognition 

Arrangement (ILAC, 2000)ARB-approved third party certifier or an accredited 

laboratory listed as a subcontractor to an ARB-approved third party certifier.

The formaldehyde test methods used by the laboratory must be stated in its 

scope of accreditation. For the purpose of a qualifying test and with approval 

of the third party certifier, a manufacturer may group two or more product 

types together if they have similar emission characteristics. If a plant elects to 

have all or multiple products represented by a single product type, an initial 
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55

qualification test failure by that representative product will cause certification

to lapse on all other products represented. The emissions from each product 

type from each production line must not exceed the applicable standard.

(2) Correlation and Linear Regression Equation of Primary or Secondary Method

and Small Scale Test Values

In order to qualify for certification, the manufacturer must establish a 

statistical correlation and linear regression equation between values obtained 

from the primary or secondary test method and the values from the small 

scale tests for to be representative of each product type and production line. 

For purposes of establishing this correlations and linear regression equations, 

data for products from the manufacturer’s plant or data obtained by a third 

party certifier must be used. The correlation and linear regression must be 

based on a minimum sample size of five data pairs. 

(3) Subsequent (Verifying) Primary or Secondary Method Tests

(A) Quarterly Chamber Test

1. Particleboard (PB) and Medium Density Fiberboard (MDF)

At least quarterly, a primary or secondary method test shall be 

conducted on randomly selected samples of each product type, as 

determined by the third party certifier. Manufacturers that use ULEF 

resins and have received ARB approval under section 93120.3(d)(1) to 

test their products less frequently need only have primary or secondary 

method tests conducted every six months. For the purpose of a 

verifying primary or secondary method test, a manufacturer may group 

two or more product types together if they have similar emission 

characteristics. If a plant elects to have all or multiple products 

represented by a single product type, a quarterly qualification test 

failure by that representative product will cause certification to lapse on 

all other products represented. The emissions from each product type 

must not exceed the applicable standard. 

2. Hardwood Plywood (HWPW)

At least quarterly, a primary or secondary method test shall be 

conducted on randomly selected samples of the HWPW product 

determined by the third party certifier, after review of routine weekly 

quality control data, to have the highest potential to emit formaldehyde. 

Manufacturers that use ULEF resins and have received ARB approval 

under section 93120.3(d)(1) to test their products less frequently need 

only have primary or secondary method tests conducted every six 

months. For the purpose of a verifying primary or secondary method 
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test, a manufacturer may choose to group two or more product types 

together if they have similar emission characteristics. If a plant elects 

to have all or multiple products represented by a single product type, a 

quarterly qualification test failure by that representative product will 

cause certification to lapse on all other products represented. The 

emissions from each product type must not exceed the applicable 

standard. 

(B) Failure of a Primary or Secondary Method Test

1. Exceedance of standards

If the emission value obtained during a subsequent (verifying) primary 

or secondary method test exceeds the applicable standard, the tested 

product will be in violation of section 93120.2(a) and certification of that 

product type will be suspended until re-qualification. In such an event, 

the third party certifier is required to notify the manufacturer and ARB

within 30 days, along with an explanation of the steps taken by the 

certifier to follow-up with the manufacturer. If primary or secondary 

method and small scale test results on the same product differ, the 

primary or secondary method result shall be considered the 

benchmark value. A failed verifying test shall invalidate approval for 

reduced testing by manufacturers approved to use ULEF resins. 

Manufacturers must submit the last month of quality control testing 

data to the third party certifier, for verification that the quality control 

limit (QCL) or shipping QCL (if applicable) reflects an accurate 

correlation between the primary or secondary method and the plant’s 

quality control tests. 

2. Re-qualification

Should an exceedance occur, plant production of that product type 

may be reinstated only upon successful completion of another primary 

or secondary method test. The re-qualification primary or secondary 

method test must be conducted on the same product type as that 

which failed during the verifying test. To re-qualify a product approved 

for reduced testing made with ULEF resins, a manufacturer of PB or 

MDF must have one verifying test and provide one month of quality 

control data must provide a minimum of five quality control test results 

collected over a minimum period of one week for HWPW, PB and MDF 

products for review by their third party certifier; a manufacturer of 

HWPW must have one verifying test and provide two months of quality 

control data for review by their third party certifier. 
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3. Disposition of Failed Lot

The manufacturer may obtain certification of a lot which has failed the 

primary or secondary method test if the manufacturer can demonstrate 

to the satisfaction of third party certifier that: (1) each panel is treated 

with a scavenger or handled by other means of reducing formaldehyde 

emissions (e.g., aging); and (2) panels randomly selected from the 

treated panels are tested under and pass the primary or secondary 

method test within six weeks of the initial determination of a failed lot.

(g) Small Scale Quality Control Tests at Plant.

Each manufacturing plant shall conduct small scale quality control tests for to 

be representative of each product type and production line to ascertain that its 

certified panels do not exceed the applicable emission standard. 

Alternatively, the quality control tests may be a conducted by a contract 

laboratory or a laboratory operated by an approved third party certifier. 

Unless prior notice is given, all lots of each product type being certified for 

compliance at each plant will be tested, with each lot’s small scale quality 

control tests reported to the certifier. Background concentrations of 

formaldehyde for the plant’s conditioning area and the make-up air for the 

small scale testing laboratory shall be measured and these data shall be 

recorded and reported along with quality control test results. The selection of 

samples for quality control testing shall be done in a consistent manner, as 

specified in the quality control manual, regarding whether products shall be 

tested immediately out of the press (hot) or after a defined period of time has 

passed to allow products to cool.

(1) Approved Small Scale Test Methods

The following small scale tests may be used as quality control test methods: 

(A) ASTM D 5582-00(2006) (desiccator);

 

(B) ASTM D 6007-02(2008) (small chamber); and

(C) alternative alternate small scale tests that can be shown to correlate to the 

primary or secondary method tests as specified in subsection (g)(2) and 

are approved by the Executive Officer. ARB will list all approved 

alternative alternate small scale test methods on the ARB composite wood 

products webpage, including which composite wood products these 

methods are approved to test. 
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(2) Correlation and Linear Regression of Quality Control Tests with Primary or 

Secondary Method Tests

Each plant’s quality control test results must be shown to correlate to primary 

or secondary method test results. The correlation and linear regression 

equation must be based on a minimum sample size of five data pairs. If data 

shows variation from the previously used correlation and linear regression 

equation, the manufacturer shall work with the certifier to evaluate the data to 

determine if a statistically significant change has occurred. If a change is 

noted, a new correlation curveand linear regression equation will be 

established for the manufacturer by the certifier.

(3) Quality Control Limit 

Manufacturers will work with their third party certifier to establish a Quality 

Control Limit (QCL) at each manufacturer’s plant for each product type and 

production line. The QCL is the value for any approved small scale quality 

control test which is based on the correlative equivalent to the value in a 

primary or secondary method test permitted by the applicable standard. The 

QCL shall be based on testing data collected no longer than 30 days after 

production, because the data must correlate with a primary or secondary 

method test that must be within 30 days of production. In addition to the 

QCL, an excursion limit shall be established to account for process and 

testing variation to keep the product’s emissions from exceeding the 

applicable standard. The excursion limit should be based on the range in 

quality control data collected during the development of the QCL. 

In the event that a manufacturer produces product lots that consistently 

exceed the applicable QCL, based on exceedance criteria established by the 

third party certifier, the certifier shall be notified promptly. A manufacturer 

shall examine the possible causes of the exceedances (e.g., change in resin 

or a problem with small scale testing) and double their frequency of small 

scale quality control tests for one month to ensure the QCL is not being 

regularly exceeded. In addition, a manufacturer will collect hourly small scale 

quality control samples, with a minimum of three samples per panel, for one 

eight or twelve hour shift, to verify that one sample per shift (or one sample 

per week for small hardwood plywood manufacturers) is adequate for process 

quality control. 

(4) Basic Testing Frequency 

(A) PB and MDF

Manufacturers of PB and MDF must conduct routine small scale quality 

control tests at least once per shift (8 or 12 hours, plus or minus one hour 

of production) for each production line for each product type. 
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Manufacturers of PB and MDF that use ULEF resins and have received 

ARB approval under section 93120.3(d) must conduct routine quality 

control tests at least weekly for each production line for each product type. 

Quality control samples shall be analyzed within a period of time specified 

in the manufacturer’s quality control manual to avoid distribution of noncomplying lots. In addition, quality control tests must be performed 

whenever a product type production ends without reaching eight hours of 

production or whenever one of the following occurs: 

1. the resin formulation is changed so that the formaldehyde to urea ratio 

is increased; 

2. an increase by more than ten percent in the amount of formaldehyde 

resin used;

3. a decrease in the designated press time by more than 20 percent; or

4. when the Quality Control Manager or Quality Control Employee has 

reason to believe that the panel being produced may not meet the 

requirements of the applicable standards.

(B) Reduction in Testing Frequency for PB and MDF

Testing frequency may be reduced to no less frequently than one test per 

48-hour production period when the plant or production line demonstrates 

consistent operations and low variability of test values to the satisfaction of 

the third party certifier, based on criteria established by the certifier. 

Manufacturers must obtain advance written approval from the third party 

certifier and keep this written approval as part of the manufacturer record 

keeping requirements. 

(C)(B) HWPW

Manufacturers of HWPW must conduct routine small scale quality control 

tests on each product type and product line based on production at the 

plant. Quality control samples shall be analyzed within a period of time 

specified in the manufacturer’s quality control manual to avoid distribution 

of non-complying lots. Testing frequency shall be as follows:

Weekly HWPW 

Production (sq. ft.)

Minimum Number of Routine 

Tests/Week Per Product Type 

and Product Line

Less than 200,000 1

200,000 – 400,000 2

Greater than 400,000 4
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In addition, quality control tests must be performed whenever one of the 

following occurs: 

1. the resin formulation is changed so that the formaldehyde to urea ratio 

is increased; 

2. an increase by more than ten percent in the amount of formaldehyde 

resin used;

3. a decrease in the designated press time by more than 20 percent; or

4. when the Quality Control Manager or Quality Control Employee has 

reason to believe that the panel being produced may not meet the 

requirements of the applicable standards.

(C) Reduced Testing Frequency

1. Testing frequency for manufacturers of PB and MDF may be reduced 

to no less frequently than one test per 48-hour production period when 

the plant or production line demonstrates consistent operations and 

low variability of test values to the satisfaction of the third party 

certifier, based on criteria established by the certifier, including a 

minimum of six months of small scale quality control testing. 

Manufacturers must obtain advance written approval from the third 

party certifier and keep this written approval as part of the 

manufacturer record keeping requirements. Similarly, testing

frequency for manufacturers of HWPW may be reduced to no less than 

one test per week. 

2. Manufacturers of PB and MDF that use ULEF resins and have received 

ARB approval under section 93120.3(d) to test their products less 

frequently must conduct routine quality control tests at least weekly for 

each production line and product type. 

3. Manufacturers of HWPW that use ULEF resins and have received ARB 

approval under section 93120.3(d) to test their products less frequently 

and that have weekly production amounts of 200,000 square feet or 

more are allowed to reduce their testing frequency to once per week

for each production line and product type.

(5) Non-complying Lots

A “non-complying lot” is any lot that has a test value in excess of the 

applicable standard. Test results from all non-complying lots shall be 

maintained as required by the manufacturer’s recordkeeping requirements. 

For a non-complying lot to be certified, it must meet the requirements of 

subsections (g)(6) and (g)(7) below. 
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(6) Disposition of Non-complying Lots 

A non-complying lot must be isolated from certified lots and the third party 

certifier must be notified. The non-complying lot cannot be certified unless it 

is determined to be in compliance by treating pursuant to subsection (g)(7)

below and retesting pursuant to subsection (g)(8). If the manufacturer 

chooses not to certify, or is not able to certify a non-complying lot, the lot must 

not be labeled for sale in California. If the lot had already been labeled for 

sale in California, the label must be removed or obliterated. The original test 

value of that lot shall be maintained in the certification calculations for 

standard deviation and consecutive lots. Such lots shall be identified in the 

quality control chart.

(7) Treatment of Non-complying Product

Production which has failed the small scale test may be retested for 

certification if each panel is treated with a scavenger or handled by other 

means of reducing formaldehyde emissions (e.g., aging).

(8) Small Scale Retesting

The manufacturer may choose to retest a non-complying lot. When retesting 

a non-complying lot, the following criteria apply:

(A) At least threeone test panels shall be selected from each of three separate 

bundles. They The panels should be selected in such a manner that is 

representative of the entire lot. Each panel shall be tested by the plant’s 

small scale quality control test.

(B) Test samples shall not be selected from the top or bottom panels of a 

bundle.

(C) The average of three representative samples must test at or below the 

QCL or shipping QCL. 

(D) In the event that a non-complying lot cannot be certified, the certifier shall 

be informed promptly in writing.

(9) Shipping QCL

A manufacturer may choose to establish a Shipping QCL, defined the same 

way as is the QCL above in subsection (g)(3), but based on panels prior to 

shipment rather than immediately after manufacturing. If a manufacturer 

chooses to establish a Shipping QCL that is distinct from the QCL, the 

manufacturer shall work with their third party certifier to establish this limit. 

The Shipping QCL shall be based on testing data collected no longer than 30 
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62

days after production, because the data must correlate with a primary or 

secondary method test that must be within 30 days of production. The 

procedures for handling lots that do not comply with the Shipping QCL, and 

the procedures for retesting of such lots, are identical to the procedures for 

lots that do not comply with the QCL, as described above in subsections 

(g)(5) through (g)(8). 

(10) Plant Reporting

Each manufacturer shall maintain for a minimum of two years the product 

data reports for each plant, production line and product type, and shall submit 

copies to the certifier at least monthly. The reports shall include a data sheet 

for each specific product with test and production information, and a quality 

control graph containing:

(A) QCL;

(B) excursion limit;

(C) shipping QCL (if applicable);

(D) results of quality control tests; and

(E) retest values.

(h) Recordkeeping.

Manufacturers shall maintain complete records documenting the following:

(1) small scale test results, including testing frequency;

(2) production sequence;

(3) changes in the resin percentage for any product type, from levels set by the 

quality control manual, by more than ten percent (calculated on the basis of 

resin solids and oven dry wood weight of the face and core furnish, adjusted 

proportionately);

(4) increases in the formaldehyde/urea mole ratio of the resin;

(5) changes in press time by more than 20 percent for any product from the 

levels set in the plant quality control manual;

(6) testing of Quality Control Employees;

(7) disposition of non-conforming products;

(8) calibration of on-site primary or secondary test methods (if any); and

(9) other records requested by the certifier under its discretion relating to section 

93120.12, Appendix 3. 
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These records shall be made readily available to the certifier. Records shall 

be retained for a minimum of 2 years in electronic or hard copy form. 

Records shall also be provided to ARB upon request. 
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Appendix 3. Requirements for Third Party Certifiers of Composite Wood 

Products.

(a) Purpose.

The purpose of Appendix 3 of section 93120.12 is to specify requirements for

ARB-approved third party certifiers for their certification of composite wood 

products with regard to the formaldehyde emission standards specified in 

section 93120.2(a), and when applicable, product types for manufacturers 

who are applying for re-approval to continue to use no-added formaldehyde 

basedNAF resins as specified in section 93120.3(c) or ULEF resins as 

specified in section 93120.3(d). Certifications issued by third party certifiers 

shall only be for the manufacturing of composite wood products specified in 

section 93120.1(a)(9)(8)(10). 

(b) Overview of Third Party Certifier Requirements.

(1) ARB-approved third party certifiers shall do the following:

(A) Verify that manufacturers are complying with the quality assurance 

requirements specified in section 93120.12, Appendix 2.

(B) Verify manufacturer small scale test results compared to primary or 

secondary method results.

(C) Work with manufacturers to establish quality control, excursion, and, if 

applicable, shipping quality control limits for each product type and 

production line. In addition, certifiers will inform manufacturers of criteria 

that will be used to determine if product lots are consistently exceeding the 

applicable QCL, as specified in section 93120.12, Appendix 2, subsection 

(g)(3); and criteria the certifier will use to allow a reduction in testing 

frequency for PB and MDF, as specified in section 93120.12, Appendix 2, 

subsection (g)(4)(B)(C)(1). 

(D) Provide independent inspections and audits of manufacturers and records.

(E) Provide manufacturers with their ARB-approved third party certifier 

number. 

(F) Use laboratories and that are accredited and approved for use by ARB to 

perform primary or secondary methods tests. for conducting testing that 

are certified by an accreditation body that is a signatory to the 

International Laboratory Accreditation Cooperation Mutual Recognition 

Arrangement (ILAC, 2000). Laboratories will be accredited Accreditation 

must be by an internationally recognized accreditation body that is a 

signatory to ILAC (2000) or IAF (2013) and may must include, but is not 
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65

limited to, accreditation to ISO/IEC Standard 17025. The formaldehyde 

test methods used by the laboratory shall appear in its scope of 

accreditation. Each laboratory must be re-certified annually re-accredited 

every two years. Each laboratory must also participate in an 

interlaboratory testing comparison with laboratories using similar primary 

or secondary methods for the same composite wood products. 

Laboratories must participate in an interlaboratory comparison during the 

first year the laboratory is used by a third party certifier, followed by 

participation in annual interlaboratory comparisons every two years, 

unless ARB informs the third party certifier that they only need to 

participate every two years. Laboratories must perform proficiently, as 

determined by ARB. 

(G) Maintain records in electronic or hard copy form for two years, for review 

by ARB upon request, on:

1. manufacturers that have been certified, with designated identification 

codes (if any);

2. results of inspections and tests conducted for each manufacturer; 

3. list of certified laboratories and primary or secondary test methods 

utilized by the third party certifier, including the test conditions, 

conditioning time, background concentrations of formaldehyde in the 

conditioning area and the make-up air for the primary or secondary 

method, test results, and the types of composite wood products used 

to establish equivalence of a secondary method;

4. correlations and linear regression equations between small scale test 

results and primary or secondary method results by manufacturer; 

5. manufacturers of PB and MDF that were allowed to reduce their testing 

frequency, as specified in section 93120.12, Appendix 2, subsection 

(g)(4)(B)(C)(1); and 

6. the ARB Executive Order approving the third party certifier. 

(H) On or before March 1 of each year, provide an annual report to ARB for 

the previous calendar year that includes:

1. manufacturers certified during the previous calendar year, including 

resins used by manufacturers, and the average and range in 

formaldehyde emissions by resin and product type, results of quarterly 

mill tests, dates of quarterly mill tests and audits, and corrective 

actions that resulted from mill tests and audits;
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2. list of non-complying events by manufacturer as specified in section 

93120.12, Appendix 2, subsection (g)(5), disposition of non-complying 

lots, and corrective actions that resulted from non-complying events;

3. certified accredited laboratories, and primary or secondary test 

methods utilized by the third party certifier, and secondary method 

equivalence data; and

4. results of interlaboratory testing comparisons for laboratories used by 

the third party certifier.

(I) Provide monthly updates to ARB identifying the mills that have been 

approved or disapproved as manufacturers of certified composite wood 

products, under section 93120.3. 

(c) Initial Plant Qualification.

Upon completion of a contract between a third party certifier and a 

manufacturer, a third party certifier shall conduct one or more inspections of 

each manufacturer’s plant. The cost of such inspections shall be borne by 

the manufacturer. The purpose of the inspection shall be to determine that

the procedures and processes of each plant conform, or can be made to 

conform, to the requirements of section 93120.12, Appendix 2. Initial plant 

qualification requirements include:

(1) a written quality control manual approved by the third party certifier;

(2) quality control facilities and personnel approved by the third party certifier;

(3) passage of a primary or secondary method qualifying test(s);

(4) routine small scale quality control test(s), approved by the third party certifier;

(5) a procedure for selecting samples, approved by the third party certifier; and 

(6) correlation values and linear regression equations between the routine small 

scale quality control test(s) and the primary or secondary method test(s) that 

are approved by the third party certifier.

(d) Primary or Secondary Method Tests.

Third party certifiers shall work with manufacturers to ensure that the 

requirements of section 93120.12, Appendix 2, subsection (f), are complied 

with.

(1) Sample Selection, Handling, and Shipping

Primary or secondary method samples shall be randomly chosen from a 

single lot that is ready for shipment. Neither the top nor bottom composite 

wood products of a bundle shall be selected. The composite wood products

must be dead-stacked or air tight wrapped between the time of sample 
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selection and the start of test conditioning. Samples shall be promptly 

labeled, signed by the third party certifier, bundled air tight, wrapped in 

polyethylene, protected by cover sheets, and promptly shipped to the primary 

or secondary method testing facility. Conditioning shall begin as soon as 

possible, but not in excess of 30 days after production. At the plant’s option, 

a second sample set (a reserve set) may be selected, handled and shipped in 

the same manner as the original.

(2) Additional (Verifying) Primary or Secondary Method Tests

Additional primary or secondary method tests shall be conducted as soon as 

possible if the third party certifier determines that an additional primary or 

secondary method test is necessary to ensure compliance with the relevant 

standard.

(3) Witnessing of Primary or Secondary Method Tests

The third party certifier may, in its discretion, agree to witness primary or 

secondary method testing at a certified an accredited laboratory rather than 

performing the test at its laboratory. The laboratory’s accreditation must be 

by an internationally recognized accreditation body that is a signatory to ILAC 

(2000) or IAF (2013) and must include accreditation to ISO/IEC Standard 

17025. 

(A) Conditioning

Conditioning of samples collected during an initial plant inspection or 

quarterly plant audit shall be initiated no later than 30 days after the 

production date. The third party certifier shall review the records of 

temperature, humidity, and ambient formaldehyde concentration in the 

conditioning area to verify that these conditions did not exceed the limits 

specified in the primary or secondary method during the conditioning 

period.

(B) Testing 

The third party certifier or the primary or secondary method operator under 

the certifier’s supervision shall take air samples and analyze them for 

formaldehyde according to the primary or secondary method. The results 

will be reported to the manufacturer and to the certifier.

The primary or secondary method operator or certifier shall have the 

option of testing a second set of air samples to confirm a questionable test 

value. If a second set of air samples is taken, it must be taken within the 

time parameters defined in the primary or secondary method.
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If the second sample set of air specimens falls within a range of 

concentrations, established by the third party certifier, of the test values 

from the first sample set, the two values shall be averaged. If the test 

value from the second set of air samples varies more than the range of 

concentrations, established by the third party certifier, from the first, the 

primary or secondary method test shall be null and void.

(C) Identification

Upon completion of the test, the chamber used in the primary or 

secondary method test shall be opened and the certifier shall verify that 

the panels or samples inside are the proper test specimens.

(e) Inspections by Third Party Certifier.

(1) Purpose 

After a manufacturer has been verified by an ARB-approved third party 

certifier to report their products as being certified with the certifier’s ARBassigned number, the certifier shall conduct periodic on-site inspections of the 

plant and production line where each certified product type is produced to 

ensure full compliance with the provisions of section 93120.12, Appendix 2, 

and the plant’s quality control manual and practices. ARB or local air district 

personnel may also conduct on-site inspections at the manufacturer to ensure 

compliance with the standards in section 93120.2(a).

(2) Frequency

Inspections shall occur at least once per quarter. 

(3) Inspection Procedures

The certifier shall be given full cooperation by the composite wood 

manufacturer in all aspects of the inspection including, but not limited to, the 

following:

(A) reviewing formaldehyde emission quality control records;

(B) reviewing production records for press times and urea-formaldehyde resin 

usage;

(C) examining formaldehyde emission quality control procedures;

(D) selection of sample panels for emission testing;

(E) interviewing and testing of quality control employees; and

(F) complete access to the Quality Control Manager and any quality control 

employee involved with formaldehyde certification. The certifier may be 

excluded from plant areas considered confidential, providing such 
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69

exclusion does not prevent or hinder the certifier from performing the 

required duties.

(4) Sample Selection and Testing Procedures

The certifier may conduct a small scale test during his visit. One panel of a 

composite wood product to be certified shall be selected for a single test. The 

result of this test shall be entered into the record of test values maintained by 

the manufacturer. If the addition of this test value to the record causes the 

tested lot to be a non-complying lot, the lot shall be isolated and handled 

following the procedures for non-complying lots in section 93120.12,

Appendix 2.

(5) Report of Findings

 

Upon completion of the inspection, the certifier shall prepare findings in 

writing and review them with the Quality Control Manager or plant manager, if 

available. As soon as complete test data are available, the certifier shall 

provide a written report to the plant stating the test results and advising the 

plant of any deficiencies that must be corrected to maintain certification. 

(f) Re-Inspections.

In the event that a manufacturer produces product lots that consistently 

exceed the applicable QCL, the certifier shall be notified promptly. The 

certifier may re-inspect or audit the plant at least once per month for a period 

of three months, before returning to the prior inspection frequency. The 

certifier may also require the manufacturer to demonstrate conformance to 

the requirements of initial plant qualification. 

(g) Confidentiality.

All information and documentation supplied by the manufacturer to the 

certifier pursuant to section 93120.12, Appendix 3, shall be considered 

confidential and shall not be disclosed by the certifier except as may be 

required by ARB.

The certifier shall consider confidential any observations of equipment, 

process, techniques, or other matters known by the certifier to be considered 

proprietary by the manufacturer.

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41511, and 41712, Health 

and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511, and 41712, Health 

and Safety Code.