Composite Panel Association Executive Order W-10-001 State of California
AIR RESOURCES BOARD

EXECUTIVE ORDER W-10-001

Relating to ARB Approval of Third Party Certifiers under Section 93120.4, Title 17, Calif ornia Code of Regulations



### Composite Panel Association

WHEREAS, the Air Resources Board (A RB) has adopted the “Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products” (the “ATCM”; title 17, Califor nia Code of Regulations, sections 93120 – 93120.12), which establishes formaldehyde emission standards for composite wood products;

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

WHEREAS, the ATCM requires third party ce rtifiers to: 1) veri fy the accuracy of the emission test procedures and facilit ies used by composite wood product manufacturers to conduct formaldehyde emis sion tests; 2) monitor manufacturer quality assurance programs; and 3) provide independent audits and inspections;

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

WHEREAS, section 93120.4(b)(1) of the ATCM requires that applications to become ARB-approved third party certifiers must be submitted to the Executive Officer in writing and must contain: 1) evi dence of actual field experience in the verification of laboratories and wood pr oducts, to demonstrate how applicants will be able to competently perform the require ments for third party certifiers of composite wood products listed in sect ion 93120.12, Appendix 3, of the ATCM; 2) evidence of the ability to properly tr ain and supervise inspectors; 3) evidence of a current “product certification agen cy” accreditation; and 4) a list of the composite wood products that the applic ant is applying to verify and evidence that the applicant is qualifi ed to verify these products;

WHEREAS, the Composite Panel Associ ation (the “applicant”) submitted an application dated April 14, 2008;

WHEREAS, the application was deem ed complete on April 14, 2008;Composite Panel Association Executive Order W-10-001 WHEREAS, the application indicates t hat the applicant has a contractual agreement to use the company listed in Attachment A to this Executive Order as
a subcontractor for the tasks listed in Attachment A.

WHEREAS, section 93120.4(b)(4) of the ATCM provides t hat the Executive Officer shall approve the application and issue an Executive Order if the evidence submitted by the applicant is suffi cient to demonstrate that the applicant can competently perform the tasks specifi ed in section 93120.12, Appendix 3, of the ATCM;

WHEREAS, the Composite Panel Associ ation was issued Executive Order W-08-001, signed on May 14, 2008;

WHEREAS, the Composite Panel Associ ation submitted an application for re-approval to ARB on April 14, 2010;

WHEREAS, the application for re-appr oval from the Composite Panel Association was deemed complete on April 28, 2010;

WHEREAS, the Executive Officer approv ed the Composite Panel Association’s request for re-approval, it is appropri ate that Executiv e Order W-08-001 be superseded by this Executive Order W-10-001;

WHEREAS, the Executive Of ficer finds that the evidence submitted by the applicant meets the criteria specified in section 93120.4(b)(4) of the ATCM to be re-approved;

NOW, THEREFORE, IT IS ORDERED that the Composite Panel Association is hereby approved as a third party certifier and is i ssued the following number designating them as an ARB-app roved third party certifier: TPC-1

.

BE IT FURTHER ORDERED that the Com posite Panel Association is an ARBapproved third party certifier for the following composite wood products: Hardwood Plywood, Particleboar d, and Medium Density Fiberboard

.

BE IT FURTHER ORDERED that this appr oval is subject to the following

conditions:

1. The Composite Panel Association mu st provide their ARB-approved third party certifier number to each manufac turer it has subcontracted with for services, as specified in section 93120.12, Appendix 3, of the ATCM.

2. The Composite Panel Association and their subcontract laboratory listed in Attachment A, must participate in an inter-laboratory study of their primary and/or secondary chamber facilities.Composite Panel Association Executive Order W-10-001 3. To carry out their functions as a th ird party certifier under this Executive Order, the Composite Pane l Association must not use any subcontractor
other than that listed in Attachment A. If the Composit e Panel Association
wishes to use a subcontractor that is not listed in Attachment A, the Composite Panel Association must submit a request to the Executive Officer in writing and must provide evidence to demonstrate that the subcontractor can competently perform t he tasks for which it is employed. The Composite Panel Association s hall not use the new subcontractor unless the Executive Officer approves the request in writing.

4. The Composite Panel Association s hall immediately notify the Executive Officer if any accreditation or certificati on provided in suppor t of their initial application is renewed, allowed to expire , or revoked within the duration of
this Executive Order.

BE IT FURTHER ORDERED that this Exec utive Order shall have a duration of two years from the date it is executed; within 120 days of the expiration of this Executive Order, the third party certifier may apply for re-approval by submitting an updated application to the Executive Office r as provided in section 93120.4 of
the ATCM.

BE IT FURTHER ORDERED that the Exec utive Officer may review and, for good cause, modify or revoke this Executiv e Order as provided in section 93120.4(d)
of the ATCM. The Executive Officer shall not modify or revoke this Executive Order without affording the third party certifier the opportunity for a hearing in accordance with the procedures specifi ed in title 17, California Code of Regulations, section 60055.1 et seq.

BE IT FURTHER ORDERED that the third party certifier must maintain records in electronic or hard copy form for two y ears, for review by ARB upon request, as specified in section 93120.12, Appendix 3, of the ATCM.

BE IT FURTHER ORDERED that on or bef ore March 1 of each year, the third party certifier must provide an annual r eport to ARB for the previous calendar year, as specified in section 93120.12, Appendix 3, of the ATCM.BE IT FURTHER ORDERED that the third party certifier must notify the

Executive Officer in writing within 30 days of any change in their ability to carry
out the responsibilities of this Executive Order, or of any change to their

subcontractor.

Executed at Sacramento, California this

## IIJ~day of

## ~. ,2010.

anette M. Brooks, Chief

Air Quality Measures Branch Stationary Source Division

Composite Panel Association Executive Order W-1 0-001

### Attachment A

Subcontractors enlisted by the Composite Panel Association

Executive Order W-1 0-001

Company Name Company Contact Information Subcontractor Function

FPlnnovations

- Forintek
Western Region

2665 East Mall

Forintek Vancouver, 

## Be Accredited Laboratory
Canada V6T 1W5 Telephone: (604) 224-3221

Fax: (604) 222-5690

Composite Panel Association Executive Order W-1 0-001