Final Regulation Order

AIRBORNE TOXIC CONTROL MEASURE TO REDUCE FORMALDEHY DE

EMISSIONS FROM COMPOSITE WOOD PRODUCTS

All of the text shown below is new language to be a dded to the California Code of Regulations. Adopt new sections 93120-93120.12, ti tle 17, California Code of Regulations, to read as follows:

§ 93120. Airborne Toxic Control Measure to Reduce

Formaldehyde Emissions from Composite Wood

Products

.

(a) The Airborne Toxic Control Measure to Reduce Fo rmaldehyde Emissions from Composite Wood Products is contained in sections 93120 through 93120.12.

(b) Purpose . The purpose of this airborne toxic control measu re is to reduce formaldehyde emissions from composite wood p roducts, and finished goods that contain composite wood products , that are sold, offered for sale, supplied, used, or manufactured f or sale in California. The composite wood products covered by this regulat ion are hardwood plywood, particleboard, and medium density fiberboa rd.

(c) Applicability

. This airborne toxic control measure applies to:

(1) Manufacturers of hardwood plywood, particleboar d, and medium density fiberboard that manufacture, sell, offer fo r sale, or supply these products for use in California;

(2) Distributors of hardwood plywood, particleboar d, medium density fiberboard, and finished goods that contain composi te 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 composi te wood products, that sell, offer for sale, or supply these products or goods for use in California;

(4) Fabricators that use hardwood plywood, particl eboard, and medium density fiberboard to make other goods that are sol d, offered for sale, or supplied for use in California;2

(5) Retailers of hardwood plywood, particleboard, medium density fiberboard, and finished goods that contain composi te wood products, that sell, offer for sale, or supply these products or goods for use in California; and

(6) Third party certifiers as defined in title 17, California Code of Regulations, section 93120.1.

(d) This airborne toxic control measure does not ap ply to hardwood plywood, particleboard, medium density fiberboard, and finished goods that contain composite wood products that are manuf actured, distributed, fabricated, imported, sold, offered fo r sale, or supplied for shipment and use outside of 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.

§ 93120.1 Definitions.

(a) For the purposes of this Airborne Toxic Control Measure, the following definitions shall apply:

(1) “ANSI” means the American National Standards I nstitute.

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

.

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

(4) “Batch” means the amount of composite wood pro duct manufactured during a shift (8 or 12 hours, plus or minus one ho ur of production).

(5) “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) “Component part” means a fabricated part that contains one or more composite wood products and is used in the assembly of finished goods.

(7) “Composite core” means a platform for making ha rdwood plywood or laminated products that consists of particleboard a nd/or medium density fiberboard, or combination core.3

(8) “Composite wood products” means hardwood plywo od, particleboard, and medium density fiberboard. “Composite wood pro ducts” does not include hardboard, structural plywood as specified in the “Voluntary Product Standard - Structural Plywood” (PS 1-07), s tructural panels as specified in the “Voluntary Product Standard – Perf ormance Standard for Wood-Based Structural-Use Panels” (PS 2-04), st ructural composite lumber as specified in “Standard Specific ation 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 A190.1-20 02), prefabricated wood I-joists as specified in “Standa rd Specification for Establishing and Monitoring Structural Capacities o f Prefabricated Wood I-Joists” (ASTM D 5055-05), finger-jointed lum ber, or “composite wood products” used inside of new vehicles as defin ed in section 430 of the California Vehicle Code (excluding recreatio nal vehicles), rail cars, boats, aerospace craft, or aircraft.

(9) “Distributor” means any person to whom a compo site 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.”

(10) “Door” means a finished good used to close off a room, closet, or entrance. A “door” moves on hinges, slides or rota tes, and consists of a movable panel or combination of panels, and may i nclude

component parts.

(11) “Executive Officer” means the “Executive Offic er” of the California Air Resources Board, or his or her delegate.

(12) “Fabricator” means any person that uses compos ite wood products to make finished goods. “Fabricator” includes produce rs of laminated products.

(13) “Facility” means any site where composite wood products or finished goods are manufactured, tested, used, supplied or o ffered for sale, or sold in California. “Facility” includes, but is no t limited to, manufacturing plants, testing laboratories, distrib ution centers, fabricator shops, warehouses, and retail stores.

(14) “Fiber” means the slender threadlike elements of wood or similar cellulosic material, which can be separated by chem ical and/or mechanical means, such as pulping, and can be forme d into panels.

(15) “Finished goods” means any good or product, ot her than a panel, containing hardwood plywood, particleboard, or medi um density4 fiberboard. Component parts are not “finished good s,” although they are used in the assembly of finished goods. “Finis hed goods” do not include used goods such as antiques or second-hand furniture. For the purposes of this subsection, a “used good” mean s a “finished good” that has previously been sold or supplied to the ultimate purchaser. “Ultimate purchaser” means the first pe rson who in good faith purchases or acquires a “finished good” for p urposes other than

resale.

(16) “Formaldehyde” means a colorless gas at room t emperature 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) “Hardboard” means a composite panel composed o f cellulosic fibers, made by dry or wet forming and hot pressing of a fi ber mat with or without resins, that complies with one of the follo wing ANSI standards: “Basic Hardboard” (ANSI A135.4-2004), “Prefinished Hardboard Paneling” (ANSI A135.5-2004), or “Hardboard Siding” (ANSI A135.6- 2006).

(18) “Hardwood” means the wood of a deciduous broad -leafed tree. Examples of “hardwoods” include, but are not limite d to, aspen, birch,

and oak.

(19) “Hardwood plywood” (HWPW) means a panel compos ed of an assembly of (A) hardwood layers or plies of veneer or (B) veneers in combination with a platform consisting of lumber co re, composite core, a special core material, or special back material, joined with an adhesive. The face veneer may be composed of a har dwood 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.

(20) “Hardwood plywood – composite core” (HWPW-CC) means hardwood plywood with a composite core.

(21) “Hardwood plywood – veneer core” (HWPW-VC) mea ns hardwood plywood with a core made of a sheet or sheets of ve neer.

(22) “HPVA” means the Hardwood Plywood and Veneer A ssociation.

(23) “Importer” means the person or entity as defin ed in the regulations of the Bureau of Customs and Border Protection, 19 Cod e of Federal Regulations, section 101.1.5

(24) “Laminate” means a veneer or other material af fixed as a decorative surface to a platform.

(25) ”Laminated product” means a finished good or c omponent part of a finished good made by a fabricator in which a lamin ate or laminates are affixed to a platform. If the platform consist s of a composite wood product, the platform must comply with the applicab le emission

standards.

(26) “Lot” means the volume of a product type produ ced either: (A) from the beginning of a production run until the first quali ty control test; or (B) between one quality control test and the next o ne; or (C) from the last quality control test to the end of a productio n run.

(27) “Manufacturer” means any person who manufactur es or produces a composite wood product.

(28) “Medium density fiberboard” (MDF) means a pane l composed of cellulosic fibers (usually wood) made by dry formin g and pressing of a resinated fiber mat (ANSI A208.2-2002).

(29) “No-added formaldehyde based resins” means res ins formulated with no added formaldehyde as part of the resin cross li nking structure for making hardwood plywood, particleboard, or medium d ensity fiberboard. “No-added formaldehyde based resins” i nclude, but are not limited to, resins made from soy, polyvinyl acetate , or methylene diisocyanate.

(30) “Panel” means any particleboard, medium densit y fiberboard, or hardwood plywood board produced for sale, supply, o r distribution by a composite wood product manufacturer.

(31) “Particle” means a distinct fraction of wood o r other cellulosic material produced mechanically and used along with resin to make particleboard. “Particles” are larger in size than fibers.

(32) “Particleboard” means a panel composed of cell ulosic material (usually wood) in the form of discrete particles (as disting uished from fibers, flakes, or strands) that are pressed together with resin (ANSI A208.1-1999).

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

Code section 39047.6

(34) “Platform” means the veneer core, composite co re, combination core, lumber core, or special core material used in the m anufacture of hardwood plywood or laminated products.

(35) “Plywood” means a panel product consisting of layers of wood veneers in combination with a platform, pressed together wi th resin. “Plywood” includes panel products made by either hot or cold pressing (with resin) veneers to a platform.

(36) “Product type” means a type of composite wood product that differs from another based on composition, thickness, numbe r of plies (if hardwood plywood), and resin to distinguish one com posite wood product from another made by the same manufacturer.

(37) “Recreational vehicle” has the same meaning as defined in section 18010 of the California Health and Safety Code.

(38) “Retailer” means any person or entity that sel ls, offers for sale, or supplies directly to consumers composite wood produ cts or finished goods that contain composite wood products.

(39) “Softwood” means wood produced from needle and /or cone bearing trees (ANSI/HPVA HP-1-2004).

(40) “Thin MDF” means medium density fiberboard tha t has a maximum thickness of eight millimeters.

(41) “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 manufactu rer quality assurance programs, and (C) provides independent au dits and inspections.

(42) “Ultra-low-emitting formaldehyde (ULEF) resins ” means resins formulated such that average formaldehyde emissions are consistently

below the Phase 2 emission standards in section 931 20.2, as provided in section 93120.3(d).

(43) “Veneer” means thin sheets of wood peeled or s liced from logs for use in the manufacture of wood products such as plywood , laminated veneer lumber, laminated products, or other product s.

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

of veneer.7

(45) “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 jamb s, stiles, sashes, and

rails, and excludes sills, window headers and windo w seats.

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 Plywoo d

(HWPW), Particleboard (PB), and Medium Density Fibe rboard (MDF).

(a) Emission Standards . The formaldehyde emission standards in Table 1 apply to hardwood plywood (HWPW), particleboard (PB ), and medium density fiberboard (MDF) sold, supplied, offered fo r sale, or

manufactured for sale in California.

Except as provided in section 93120.2(b), Exemption s, and the “sellthrough” provisions of section 93120.12, Appendix 1 , no person shall sell, supply, offer for sale, or manufacture for sa le in California any composite wood product which, at the time of sale o r manufacture, does not comply with the emission standards in Tabl e 1 on or after the effective dates specified in Table 1.

Table 1 Phase 1 and Phase 2 Formaldehyde Emission Standards for Hardwood Plywood (HWPW), Particleboard (PB), and Medium Density Fibe rboard (MDF) 1

---- Phase 1 (P1) and Phase 2 (P2) Emission St andards (ppm) ----

Effective

Date 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 ---------- ----------

(1) Based on the primary test method [ASTM E 1333-96(2 002)] in parts per million (ppm). HWPW-VC = veneer core; HWPW-CC = composite core.8

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

(1) The composite wood product was produced by a m anufacturer without either: (A) a current third party certification pr ogram that complies with section 93120.3(b), (B) a current ARB approval to u se no-added formaldehyde based resins as provided in section 93 120.3(c), or (C) a current ARB approval to use a ULEF resin as provide d in section 93120.3(d); or

(2) Records of testing conducted by the manufactur er or the third party certifier show that a particular composite wood pro duct sold, supplied, or offered for sale in California exceeded the appl icable emission standard specified in Table 1, based on: (A) the c ompliance testing procedure for hardwood plywood, particleboard, and medium density fiberboard specified in section 93120.9(a) or (B) t he 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 manufac turer is tested at any time after it is manufactured, using either the compliance test method specified in section 93120.9(a) or the enfor cement test method specified in section 93120.9(b), and is found to ex ceed the applicable emission standard specified in Table 1; or

(4) A finished good contains any composite wood pr oduct which does not comply with the emission standards in Table 1, base d on the criteria set forth in paragraphs (1), (2), or (3) above; or

(5) A finished good is found to contain any compos ite wood product that does not comply with the applicable emission standa rds in Table 1 using the enforcement test method for finished good s 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 containin g these materials that are manufactured, sold, offered for sale, or s upplied 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 manufa ctured, sold, supplied for installation, or installed in manufact ured homes subject to the United States Department of Housing and Urban D evelopment regulations (24 Code of Federal Regulations, sectio n 3280.308)

.9

(3) To qualify for an exemption specified in sectio n 93120.2(b)(1) or 93120.2(b)(2), the person claiming the exemption mu st maintain adequate documentation to demonstrate that the crit eria 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.

§ 93120.3 Requirements for Manufacturers of Hardwood Plywood

(HWPW), Particleboard (PB), and Medium Density Fibe rboard (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 Append ix 1 of section 93120.12, all HWPW, PB, and MDF sold, supplied, or offered for sale on or after the effective dates specified in sectio n 93120.2(a) must comply with the emission standards specified in sec tion 93120.2(a).

(b) Third Party Certification . For manufacturers of HWPW, PB, and MDF using resins that contain formaldehyde, compliance with the emission standards specified in section 93120.2(a) must be v erified by using a third party certifier approved by ARB under section 93120.4. These manufacturers must also comply with the quality ass urance requirements specified in Appendix 2 of section 931 20.12.

(c) Special Provisions for Manufacturers of HWPW, PB, a nd MDF with NoAdded Formaldehyde Based Resins.

(1) Upon written approval of the Executive Officer , manufacturers of HWPW, PB, and MDF who plan to use no-added formalde hyde based resins are not required to comply with section 9312 0.3(b). To apply for ARB approval, manufacturers must submit the followi ng information to the Executive Officer: (A) a statement indicating which product types will be manufactured using no-added formaldehyde ba sed resins for sale in California; (B) the chemical formulation of the candidate noadded formaldehyde based resins, including base res ins, catalysts, and other additives as used in manufacturing; (C) t he name of the ARB approved third party certifier; and (D) data on the emissions performance of the candidate no-added formaldehyde based resins. These data must be obtained by working with an ARB approved third party certifier and must include three months of ro utine quality control testing data, the correlation of the routine qualit y control testing data to primary or secondary method testing data, and the r esults of one10 primary or secondary method test, as required in Ap pendix 2 of section 93120.12. Ninety percent of the three months of ro utine 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 HWP W and 0.06 ppm for PB, MDF, and thin MDF.

(2) Within 45 days after receiving an application f rom a manufacturer, the Executive Officer shall inform the applicant, in wr iting, either that the application is complete and accepted for filing, or that the application is deficient and shall identify the specific informati on required to make the application complete.

(3) Within 30 days of receiving additional informat ion provided in response to a determination by the Executive Officer that an application is deficient, the Executive Officer shall inform the a pplicant, in writing,

either that the new information is sufficient to ma ke the application complete and that the application is accepted for f iling, or that the application is deficient and shall identify the spe cific information required to make the application complete.

(4) Within 90 days after an application has been de emed complete, the Executive Officer shall act to approve or disapprov e the application.

The Executive Officer shall issue an Executive Orde r approving the application if the evidence submitted by the applic ant is sufficient to demonstrate that the applicant has met the requirem ents of section 93120.3(c)(1). The approval shall have a duration of two years, and the manufacturer may apply for re-approval as provi ded in this section. An application for re-approval must include results of at least one primary or secondary method test for each product t ype based on a panel or set of panels randomly selected and tested by an ARB approved third party certifier, and the chemical fo rmulation of the noadded formaldehyde based resins.

(5) The Executive Officer may, in the course of pro cessing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the applica tion. The applicant and the Executive Officer may mutually agree to lon ger time periods for determining whether an application is complete, or for approving or disapproving an application.

(6) If the manufacturer decides to change to forma ldehyde based resins,

ARB must be notified in advance and the manufacture r must comply with the requirements of section 93120.3(b) for tha t product type.11

(d) Special Provisions for Manufacturers of HWPW, PB an d MDF with Ultra-Low-Emitting Formaldehyde (ULEF) Resins.

(1) Upon written approval of the Executive Officer , manufacturers of HWPW, PB, and MDF who plan to use ultra-low-emittin g formaldehyde (ULEF) resins may test their products less frequent ly than otherwise required. The testing frequency for manufacturers using ULEF resins is specified in Appendix 2 of section 93120.12. To apply for ARB approval, manufacturers must submit the following i nformation to the Executive Officer: (A) a statement indicating whic h product types will

be manufactured with ULEF resins for sale in Califo rnia; (B) the

chemical formulation of the candidate ULEF resins, including base resins, scavenger resins, scavenger additives, cata lysts, and other additives as used in manufacturing; (C) the name of the ARB approved third party certifier; and (D) data on the emission s performance of the candidate ULEF resins to demonstrate that panels ma nufactured 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 p arty certifier and must include six months of routine quality control testing data, the correlation of the routine quality control testing data to primary or secondary method testing data, and the results of t wo quarterly primary or secondary method tests, as required by A ppendix 2 of section 93120.12. For HWPW, in order to qualify fo r approval to test any product type less frequently, the results of th e six months of routine quality control testing data and the two qu arterly primary or secondary method tests must all be shown to be no h igher than the

Phase 2 emission standards. For PB and MDF, in ord er to qualify for approval to test any product type less frequently, ninety percent of the six months of routine quality control testing data and the results of the two quarterly primary or secondary method tests mus t be shown to be no higher than the ULEF-target value listed in Tabl e 2, and all data must be shown to be no higher than the ULEF-cap val ue listed in

Table 2.12 Table 2 Ultra-Low-Emitting Formaldehyde (ULEF) Resin Emission Target and Cap Values (in ppm) for Particleboard (PB) and Medium Density Fiberboard (M DF) 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 with the primary or secondary test method in parts per million (ppm).

(2) Upon written approval of the Executive Officer, manufacturers of HWPW, PB, MDF, and thin MDF may qualify their produ ct types for an exemption from third party certification. To quali fy for an exemption from third party certification for a product type, ninety percent of 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 d ata must be shown to be no higher than a ULEF-cap value of 0.05 ppm f or HWPW and 0.06 ppm for PB, MDF, and thin MDF. All other requ irements of section 93120.3(d)(1) apply. Manufacturers who hav e been exempted from third party certification do not need to compl y with the requirements of Appendix 2 of section 93120.12.

(3) Within 45 days after receiving an application f rom a manufacturer, the Executive Officer shall inform the applicant, in wr iting, either that the application is complete and accepted for filing, or that the application is deficient and shall identify the specific informati on required to make the application complete.

(4) Within 30 days of receiving additional informat ion provided in response to a determination by the Executive Officer that an application is deficient, the Executive Officer shall inform the a pplicant, in writing,

either that the new information is sufficient to ma ke the application complete and that the application is accepted for f iling, or that the application is deficient and shall identify the spe cific information required to make the application complete.

(5) Within 90 days after an application has been de emed complete, the Executive Officer shall act to approve or disapprov e the application.

The Executive Officer shall issue an Executive Orde r approving the application if the evidence submitted by the applic ant is sufficient to demonstrate that the applicant has met the requirem ents specified in section 93120.3(d)(1) or (d)(2). The approval shal l have a duration of13 two years, and the manufacturer may apply for re-ap proval as provided in this section. An application for re-approval mu st include the results of at least two primary or secondary method tests f or each product type based on panels randomly selected and tested b y an ARB approved third party certifier, and the chemical fo rmulation of the ULEF

resins.

(6) The Executive Officer may, in the course of pro cessing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the applica tion. The applicant and the Executive Officer may mutually agree to lon ger time periods for determining whether an application is complete, or for approving or disapproving an application.

(7) If the manufacturer decides to change resin sy stems, ARB must be notified in advance and the manufacturer must compl y with the requirements of section 93120.3(b) for that product type.

(e) Product Labeling Requirements. Each panel or bundle of composite wood products must be clearly labeled to indicate c ompliance with the emission standards specified in section 93120.2(a). The label shall include, at a minimum, all of the following informa tion:

(1) Manufacturer name;

(2) Product lot number or batch produced;

(3) A marking to denote that the composite wood pr oduct complies with the applicable Phase 1 or 2 emission standards spec ified in section 93120.2(a) or was made using ULEF resins or no-adde d formaldehyde

based resins; and

(4) The ARB assigned number of the approved third party certifier. This requirement does not apply to manufacturers using n o-added formaldehyde based resins that have obtained ARB ap proval as provided in section 93120.3(c) or products manufact ured 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 certifi er, if applicable; and (2) a statement that the composite wood products co mply with the applicable Phase 1 or Phase 2 emission standard spe cified in section 93120.2(a) and, if applicable, were made using ULEF resins or noadded formaldehyde based resins.14

(g) Recordkeeping Requirements for Manufacturers of Har dwood Plywood (HWPW), Particleboard (PB), and Medium Density Fibe rboard (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 as surance emissions test data for each product as provided in Appendix 2 of section 93120.12. Manufacturers using no-added formaldehyd e based resins that have obtained ARB approval under section 93120 .3(c) must keep documentation to demonstrate ARB approval to use no -added formaldehyde based resins. Manufacturers that have obtained ARB approval under section 93120.3(d) to use ULEF resin s must keep documentation to demonstrate that ARB approval has been obtained. Records must be kept in either electronic or hard c opy form for a period of two years.

(2) For every composite wood product produced for s ale in California, manufacturers must maintain records at their produc tion facilities for a period of two years, including:

(A) Tracking information to allow each composite w ood product produced to be traced to a specific lot number or b atch produced;

(B) Product information (including description of the composite wood product, date of manufacture, and lot/batch number) ;

(C) Purchaser information (including purchaser’s n ame, contact person, address, phone number, purchase order or invoice nu mber, and amount purchased), if applicable;

(D) Product transporter information (including del ivery 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 pro ducts manufactured with no-added formaldehyde based resin s as specified under section 93120.3(c)(1) or products m anufactured with ULEF resins as specified under section 93120.3 (d)(2); and

(F) Manufacturers of HWPW, PB, and MDF using no-add ed formaldehyde based resins or ULEF resins must maint ain records on an ongoing basis for each composite wood product produced, including:15 1. The ARB approval letter as specified in section 93120.3(c) or (d); 2. Amount of resin use reported by volume and weigh t; 3. Production volume reported as square feet per pr oduct type; 4. Resin trade name, resin manufacturer contact inf ormation, and resin supplier contact information; 5. Changes in press time by more than 20 percent fo r any product type; and 6. Changes in the formulation of the no-added forma ldehyde

based 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-c omplying 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 m ade available to ARB or local air district personnel 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 i nspected by ARB or local air district personnel. In the course of an inspection, ARB or local air district personnel may request to audit r ecords or secure samples for testing. Composite wood products secur ed during an inspection are subject to testing using the enforce ment test method specified in section 93120.9(b), to determine compl iance 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). T he Executive Officer will issue a number to each approved third party ce rtifier.16

(b) ARB Approval of Third Party Certifiers.

(1) Applications to become an ARB-approved third pa rty certifier must be submitted in writing to the Executive Officer and m ust contain the following:

(A) Evidence of actual field experience in the veri fication of laboratories and wood products, to demonstrate how applicants wi ll be able to competently perform the requirements of Appendix 3;

(B) Evidence of the ability to properly train and s upervise inspectors;

(C) Evidence of a current “product certification ag ency” accreditation issued by a signatory to the International Laborato ry Accreditation Cooperation Mutual Recognition Arrangement (ILAC, 2 000); and

(D) List of the composite wood products that the ap plicant is applying to verify and evidence that the applicant is qualified to verify these products.

(2) Within 45 days of receiving an application to b ecome an ARBapproved third party certifier, the Executive Offic er shall inform the applicant, in writing, either that the application is complete and accepted for filing, or that the application is def icient and shall identify the specific information required to make the appli cation complete.

(3) Within 30 days of receiving additional informat ion provided in response to a determination by the Executive Officer that an application is deficient, the Executive Officer shall inform the a pplicant, in writing,

either that the new information is sufficient to ma ke the application complete and that the application is accepted for f iling, or that the application is deficient and shall identify the spe cific information required to make the application complete.

(4) Within 90 days after an application has been de emed complete, the Executive Officer shall act to approve or disapprov e the application.

The Executive Officer shall issue an Executive Orde r approving the application if the evidence submitted by the applic ant is sufficient to demonstrate that the applicant can competently perf orm the tasks described in subsection (c). The Executive Order s hall have a duration of two years. Within 120 days of the expiration da te of the Executive Order, a third party certifier may apply for re-app roval by submitting an updated application to the Executive Officer to dem onstrate the continued ability to comply with section 93120.4(b) (1).17

(5) The Executive Officer may, in the course of pro cessing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the applica tion. The applicant and the Executive Officer may mutually agree to lon ger 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 se ction 93120.12, Appendix 3.

(d) Modification or Revocation of an Executive Order Ap proving a Third Party Certifier. The Executive Officer may review and, for good ca use, modify or revoke an Executive Order approving a thi rd party certifier. The Executive Officer shall not modify or revoke an Executive Order without affording the third party certifier the opp ortunity 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 dis tributors must comply with the requirements of section 93120.2(a) for all composite wood products and finished goods containing these m aterials that are sold, supplied, offered for sale, or purchased for sale in California.

(b) Additional Requirements to Help Ensure that Complyi ng 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 s tandards specified in section 93120.2(a). “Reasonable prude nt precautions” include, at a minimum, instructing each supplier th at the composite wood products and finished goods they supply to a d istributor must comply with the applicable emission standards, and obtaining written documentation from each supplier that this is so.18 In addition, distributors must keep records showing the date of purchase and the supplier of the composite wood pro ducts 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 stan dards. These records must be kept in electronic or hard copy for m for a minimum of two years and provided to ARB or local air district personnel upon request. This section does not affect the liabilit y of any person for any violation of section 93120.2(a).

(c) Product Labeling Requirements for Composite Wood Pr oducts and

Finished Goods.

(1) Composite Wood Products. If the composite wood products procured by a distributor are not modified by the distributo r, no additional labeling is required. If the composite wood produc ts are modified, distributors are subject to the labeling requiremen ts specified for fabricators in section 93120.7(d).

(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 g oods are modified, the distributor must label the modified goods as specif ied for fabricators in section 93120.7(d).

(d) Statement of compliance. For each composite wood product or finished good made with these materials, the distri butor must state on the bill of lading or invoice, that the composite w ood products or composite wood products contained in finished goods comply with the applicable Phase 1 or Phase 2 emission standard spe cified 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. Composite wood products or finished goods secured during an inspection are subject to testing, using the app licable enforcement test method specified in section 93120.9, to determ ine 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.19

§ 93120.6 Requirements for Importers of Hardwood Plywood (HWP W),

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 imp orters must comply with the requirements of section 93120.2(a) for all composite wood products and finished goods containing these materi als that are sold, supplied, offered for sale, or purchased for sale i n California.

(b) Additional Requirements to Help Ensure that Complyi ng 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 s tandards specified in section 93120.2(a). “Reasonable prude nt precautions” include, at a minimum, instructing each supplier th at the goods they supply to an importer must comply with the applicab le emission standards, and obtaining written documentation from each supplier that

this is so.

In addition, importers must keep records showing th e date of purchase and the supplier of the composite wood products and finished goods, and document the precautions taken to ensure that t he composite wood products and composite wood products contained in finished goods comply with applicable emission standards. T hese records must be kept in electronic or hard copy form for a minimum of two years and provided to ARB or local air district per sonnel upon request. This section does not affect the liability of any p erson for any violation of section 93120.2(a).

(c) Product Labeling Requirements for Composite Wood Pr oducts 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 mo dified, importers are subject to the labeling requirements specified for fabricators in section 93120.7(d).

(2) Finished goods containing HWPW, PB, or MDF. If the finished goods purchased by an importer are not modified by the im porter, no additional labeling is required. If the finished g oods are modified, the importer must label the modified goods as specified for fabricators in section 93120.7(d).20

(d) Statement of compliance. For each composite wood product or finished good made with these materials, the import er must state on the bill of lading or invoice, that the composite w ood products or composite wood products contained in finished goods comply with the applicable Phase 1 or Phase 2 emission standard spe cified 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. Composite wood products or finished goods secured during an inspection are subject to testing, using the app licable enforcement test method specified in section 93120.9, to determ ine 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.

§ 93120.7 Requirements for Fabricators that use Hardwood Plyw ood (HWPW), Particleboard (PB), Medium Density Fiberboa rd (MDF), and Finished Goods Containing Those Material s

.

(a) Emission Standards

.

(1) Except as provided in the “sell-through” provis ions of section 93120.12, Appendix 1, all fabricators must comply with the re quirements 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 that produce laminated products, an d do not manufacture composite wood products, do not need to comply with the manufacturer requirements regarding third party cer tification in section 93120.3(b).

(3) If the platform used by a fabricator to produce a laminated product consists of a composite wood product, the platform must comply with the applicable emission standards specified in sect ion 93120.2(a).

(4) Fabricators manufacturing composite wood produc ts 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).21

(b) Exemptions

.

(1) Windows that contain composite wood products ar e 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 co mposite wood products are exempt from the requirements of this section if either: (A) the doors are made from composite wood products manufac tured with noadded 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 fin ished 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 s ale, or manufactured

for sale in California.

(c) Additional Requirements to Help Ensure that Complyi ng 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 st andards in section 93120.2(a). “Reasonable prudent precautions” inclu de, at a minimum, instructing each supplier that the goods they suppl y 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 pro ducts 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 stan dards. These records must be kept in electronic or hard copy for m for a minimum of two years and provided to ARB or local air district personnel upon request. This section does not affect the liabilit y of any person for any violation of section 93120.2(a).

(d) Product Labeling Requirements. Fabricators must:22

(1) Label their finished goods containing HWPW, PB , or MDF destined for sale or supply in California. The label shall be a pplied as a stamp, tag, sticker, or bar code on every finished good produce d, or on every box containing finished goods. The label shall include , at a minimum, the fabricator’s name, the date the finished good was p roduced and a marking to denote that the product was made with HW PW, PB, or MDF that complies with the applicable Phase 1 or Phase 2 emission standards in section 93120.2(a). Finished goods sh all be labeled as having been made with no-added formaldehyde based r esins or ULEF resins if this is so for all HWPW, PB, or MDF used in fabricating the finished goods.

(2) Designate their goods as being made with HWPW , PB, or MDF that complies with the applicable emission standards spe cified in section 93120.2(a) on the bill of lading or invoice provide d to distributors, importers, other fabricators, or retailers.

(e) 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 audi t records or secure samples for testing. Composite wood products or fi nished goods secured during an inspection are subject to testing , using the applicable enforcement test method specified in sec tion 93120.9, to determine compliance with the applicable emission s tandards.

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 O ffer for Sale

Hardwood Plywood (HWPW), Particleboard (PB), Medium Density Fiberboard (MDF), and Finished Goods Contai ning

Those Materials

.

(a) Emission Standards . Except as provided in the “sell-through” provisions of section 93120.12, Appendix 1, all ret ailers must comply with the requirements of section 93120.2(a) for all composite wood products and finished goods containing these materi als that are sold, supplied, offered for sale, or purchased for sale i n California.

(b) Additional Requirements to Help Ensure that Complyi ng 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 s tandards23 specified in section 93120.2(a). “Reasonable prude nt precautions” include, at a minimum, instructing each supplier th at the goods they supply to the retailer must comply with the applica ble emission standards, and obtaining written documentation from each supplier that

this is so.

In addition, retailers must keep records showing th e date of purchase and the supplier of the composite wood products and finished goods, and document the precautions taken to ensure that t he composite wood products and composite wood products contained in finished goods comply with applicable emission standards. T hese records must be kept in electronic or hard copy form for a minimum of two years and provided to ARB or local air district per sonnel upon request. This section does not affect the liability of any p erson for any violation of section 93120.2(a).

(c) 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. Composite wood products or finished goods secured during an inspection are subject to testing, using the app licable enforcement test method specified in section 93120.9, to determ ine 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 sec tion 93120.2(a) and, if applicable, section 93120.3(c) or (d) shall be demonstrated by conducting product emissions tests, verified by thi rd party certification as specified in section 93120.4 and conducted using one of the following:

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

(2) A secondary method, defined as specified in AS TM D 6007-02, with the additional conditions specified below:24 (A) The secondary method shall be operated using th e testing conditions and loading rates specified in ASTM D 60 07-02, 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. Th e nine specimens shall be tested in groups of three specimens, resul ting in three test results, which shall be averaged to represent one d ata point for the panel.

(B) Equivalence between the secondary method and th e primary method must be established, at least once each year , by the third party certifier for each testing laboratory used by the third party certifier. 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 s hall consist of the result of simultaneously testing an appropri ate number of panels (factoring in the loading rate) from the sam e batch of panels tested by the secondary method.

2. For the secondary method, each comparison sample shall consist of testing nine specimens representing even ly distributed portions of an entire panel. The nine specimens shall be tested in groups of three specimens (facto ring in the loading rate), resulting in three test results, whi ch shall be averaged to represent one data point for the panel, and matched to their respective primary method comparis on sample

result.

3. The ten comparison sample sets shall consist of testing a minimum of five sample sets in each of at least two of the following ranges of formaldehyde concentrations, as measured by the primary method:

a. Lower range: less than 0.07 ppm

b. Intermediate range: 0.07 to less than 0.15 ppm

c. Upper range: 0.15 to 0.25 ppm

4. The average and standard deviation of the differ ence of all comparison sets shall be calculated as follows. Fo r each of the two ranges used for testing, the following computat ions shall be performed:25 a. Denote the number of sets in the given range by n

.

b. Compute the difference between the primary and s econdary

method value. Denote the difference for the i th set by D i , where i ranges from 1 to n

.

c. Compute the average, X , and standard deviation, S

, of the differences according to the following formulas:

/n D X n

i i 

## ∑

= =

1



# ∑

= − − = n

i i )

/(n )X (D S

1 2 1

5. The secondary method shall be considered equival ent to the primary method if the following condition is met fo r both tested

ranges:

C

S X ≤ + 88.0

where C is equal to:

0.026 for the lower range; 0.038 for the intermediate range; and 0.052 for the upper range.

6. Equivalence must be established between the prim ary and secondary method to represent the range in emission s based on the emission standards specified in section 9312 0.2(a) for composite wood products that a third party certifie r is approved to verify under section 93120.4 and, if applicable, the range in emissions for no-added formaldehyde based 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) (large chamber test method) may be used if they are demons trated, following the minimum requirements specified in sec tion 93120.9(a)(2)(B), to provide equivalent results to those obtained using ASTM E 1333-96(2002). All alternative second ary test26 methods must be approved in writing by the Executiv e 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 t o quantify product emissions, including all procedures used, p recision and reproducibility, and the criteria used to demonstra te 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, t he Executive Officer shall notify the applicant in writing that the appl ication is complete, or if additional information or testing is required to complete the application. If the Executive Officer finds that a n application complies with the requirements of this section, the n he or she may issue an Executive Order certifying that the altern ate secondary test procedure provides equivalent results to ASTM E 1333-96 (2002), and authorize its use for compliance testin g.

(b) Enforcement Test Method for HWPW, PB, and MDF Sam ples. Emission testing of samples of HWPW, PB, and MDF sh all be conducted by ARB or local air district personnel us ing a secondary method, a large chamber [ASTM E 1333-96(2002)], or an alternate secondary test procedure as specified in section 93 120.9(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 Contai ning HWPW, PB,

and MDF. Emission testing of samples of HWPW, PB, and MDF contained in finished goods shall be conducted by A RB 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 wi th those specified in ASTM D 6007-02 or alternate secondary test procedur es.

(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 correlatio n must be established between the quality control test method and the primary, secondary, or alternate secondary test method. The correlation must be based on a minimum sample size of five data pair s.27

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 referen ce in this airborne toxic

control measure:

(a) ANSI A135.4-2004. American National Standard – Basic Hardboard,

2004. (b) ANSI A135.5-2004. American National Standard – Prefinished Hardboard Paneling, 2004. (c) ANSI A135.6-2006. American National Standard – Hardboard Siding,

2006. (d) ANSI A190.1-2002. American National Standard – Structural Glued

Laminated Timber, 2002. (e) ANSI A208.1-1999. American National Standard – Particleboard,

1999. (f) ANSI A208.2-2002. American National Standard – Medium Density

Fiberboard, 2002. (g) ANSI/HPVA HP-1-2004. American National Standa rd for Hardwood and Decorative Plywood, 2004. (h) ASTM D 5055-05. Standard Specification for Es tablishing and Monitoring Structural Capacities of Prefabricated W ood I-Joists, 2005. (i) ASTM D 5456-06. Standard Specification for Eva luation of Structural Composite Lumber Products, 2006. (j) ASTM D 5582-00. Standard Test Method for Det ermining Formaldehyde Levels from Wood Products Using a Desi ccator, 2000. (k) ASTM D 6007-02. Standard Test Method for Dete rmining Formaldehyde Concentration in Air from Wood Product s Using a Small Scale Chamber, 2002. (l) ASTM E 1333-96(2002). Standard Test Method fo r Determining Formaldehyde Concentrations in Air and Emission Rat es from Wood Products Using a Large Chamber, 2002. (m) ILAC. International Laboratory Accreditation C ooperation Mutual Recognition Arrangement, 2000. (n) PS 1-07. Voluntary Product Standard – Structur al Plywood. National Institute of Standards and Technology, 2007. (o) PS 2-04. Voluntary Product Standard – Performa nce Standard for

Wood-Based Structural-Use Panels. National Institu te of Standards and Technology, 2004.28

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 (A TCM) shall be deemed severable, and in the event that any part of this A TCM 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.

§ 93120.12 Appendices.

This section contains Appendices 1 - 3 to the Airbo rne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood P roducts.29

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 H ardwood Plywood (HWPW), Particleboard (PB), and Medium Dens ity Fiberboard (MDF).

(1) Sell-through by Manufacturers of Hardwood Plywood, Particleboard, and Medium Density Fiberboard Manufactured Before t he Effective

Dates of the Phase 1 and Phase 2 Emission Standards

. Hardwood plywood, particleboard, and medium density fiberboa rd manufactured before the Phase 1 and Phase 2 effective dates spec ified in section 93120.2(a) may be sold, supplied, or offered for sa le by the product manufacturer for up to three months after each of t he specified effective dates. The specific sell-through dates f or the Phase 1 and Phase 2 emission standards specified in section 931 20.2(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 manufa cturer until March 31, 2009. Beginning April 1, 2009, all HWPW- VC subject to the Phase 1 standard must comply with this stand ard, 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 c omply with the Phase 2 standard, may be sold, supplied, or off ered for sale by the product manufacturer until March 31, 2010. Beginning April 1, 2010, all HWPW-VC subject to the Phase 2 s tandard must comply with this standard, regardless of the d ate on which the products were manufactured.

(B) Hardwood plywood made with a composite core (H WPW-CC).

1. Panels of HWPW-CC manufactured before July 1, 20 09, that do not comply with the Phase 1 standard may be sold, s upplied, or offered for sale by the product manufacturer until September 30, 2009. Beginning October 1, 2009, all HWPW-CC subje ct to the Phase 1 standard must comply with this standard, re gardless of the date on which the products were manufactured.30 2. Panels of HWPW-CC manufactured before July 1, 20 12, 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, all HWPW-CC subject to the Phase 2 standard must comply with this standard, regardless of the d ate 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 b efore January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, or offered for sale by the p roduct manufacturer until March 31, 2009. Beginning April 1, 2009, all PB, MDF, and thin MDF subject to the Phase 1 standa rd must comply with this standard, regardless of the date o n which the products were manufactured.

2. Panels of PB and MDF manufactured before Janua ry 1, 2011, that comply with the Phase 1 standard, but do not c omply with the Phase 2 standard, may be sold, supplied, or off ered 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 d ate 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. Beg inning April 1, 2012, all thin MDF subject to the Phase 2 standard must comply with this standard, regardless of the date o n which the products were manufactured.

(b) Sell-through Dates that Apply to Distributors of HW PW, PB, and

MDF.

(1) Sell-through by Distributors of Hardwood Plywood, P articleboard, and Medium Density Fiberboard Manufactured Before the E ffective Dates

of the Phase 1 and Phase 2 Emission Standards. Hardwood plywood, particleboard, or medium density fiberboard manufac tured before the Phase 1 and Phase 2 effective dates specified in se ction 93120.2(a) may be sold, supplied, or offered for sale by distr ibutors for up to five months after each of the specified effective dates. The specific sell-31 through dates for each of the Phase 1 and Phase 2 e mission standards specified in section 93120.2(a) are as fo llows:

(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, 2009. Beginning June 1, 2009, all HWPW-VC subject to the Phase 1 standard must comply with this stand ard, 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, 2010. Beginning June 1, 2010, all HWPW-VC subject to the Phase 2 standard must comply with this stand ard, regardless of the date on which the products were

manufactured.

(B) Hardwood plywood made with a composite core (H WPW-CC).

1. Panels of HWPW-CC manufactured before July 1, 2009, that do not comply with the Phase 1 standard may be sold, s upplied, offered for sale, or used by distributors until November 30, 2009. Beginning December 1, 2009, al l HWPWCC subject to the Phase 1 standard must comply with this standard, regardless of the date on which the produ cts were

manufactured.

2. Panels of HWPW-CC manufactured before July 1, 2012, that do not comply with the Phase 2 standard may be sold, s upplied, offered for sale, or used by distributors until November 30, 2012. Beginning December 1, 2012, all HWPWCC subject to the Phase 2 standard must comply with this standard, regardless of the date on which the produ cts were

manufactured.

(C) Particleboard (PB) and medium density fiberboar d (MDF).

1. Panels of PB and MDF manufactured before Janua ry 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, 2009. Beginning June 1, 2009, all PB and M DF subject to the Phase 1 standard must comply with this stand ard,32 regardless of the date on which the products were

manufactured.

2. Panels of PB and MDF manufactured before Janua ry 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, 2011. Beginning June 1, 2011, all PB and M DF subject to the Phase 2 standard must comply with this stand ard, 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 distributors until May 31, 2009. Beginning June 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 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 Cont aining 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 effecti ve dates specified in section 93120.2(a) may be sold, suppli ed, offered for sale by distributors for up to eighteen months after eac h of the specified effective dates. The specific sell-through dates f or the Phase 1 and Phase 2 emission standards specified in section 931 20.2(a) are as

follows:

(A) Finished goods containing hardwood plywood ma de with a veneer core (HWPW-VC).

1. Finished goods containing HWPW-VC that does no t comply with the Phase 1 standard may be sold, supplied, or offe red for sale by distributors until June 30, 2010. Beginning Jul y 1, 2010,33 finished goods containing HWPW-VC, sold, supplied, or offered for sale must comply with the Phase 1 standard, reg ardless of the date that the product was fabricated.

2. Finished goods containing HWPW-VC that does no t comply with the Phase 2 standard may be sold, supplied, or offe red for sale by distributors until June 30, 2011. Beginning Jul y 1, 2011, finished goods containing HWPW-VC, sold, supplied, or offered for sale must comply with the Phase 2 standard, reg ardless of the date that the product was fabricated.

(B) Finished goods containing hardwood plywood ma de with a composite core (HWPW-CC).

1. Finished goods containing HWPW-CC that does no t comply with the Phase 1 standard may be sold, supplied, or offered for sale by distributors until December 31, 2010. Begi nning 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 w as fabricated.

2. Finished goods containing HWPW-CC that does no t comply with the Phase 2 standard may be sold, supplied, or offered for sale by distributors until December 31, 2013. Begi nning 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 w as fabricated.

(C) Finished goods containing particleboard (PB) an d/or medium density fiberboard (MDF).

1. Finished goods containing PB and/or MDF that d oes not comply with the Phase 1 standard may be sold, supplied, or offered for sale by distributors until June 30, 2010. Beginnin g July 1, 2010, finished goods containing PB and/or MDF, sold, supp lied, or offered for sale must comply with the Phase 1 stand ard, regardless of the date that the product was fabrica ted.

2. Finished goods containing PB and/or MDF that do es not comply with the Phase 2 standard may be sold, supplied, or offered for sale by distributors until June 30, 2012. Beginnin g July 1, 2012, finished goods containing PB and/or MDF, sold, supp lied, or offered for sale must comply with the Phase 2 stand ard, regardless of the date that the product was fabrica ted.34 (D) Finished goods containing thin MDF.

1. Finished goods containing thin MDF that does n ot comply with the Phase 1 standard may be sold, supplied, or offe red for sale by distributors until June 30, 2010. Beginning Jul y 1, 2010, finished goods containing thin MDF, sold, supplied, or offered for sale must comply with the Phase 1 standard, reg ardless of the date that the product was fabricated.

2. Finished goods containing thin MDF that does n ot comply with the Phase 2 standard may be sold, supplied, or offe red for sale by distributors until June 30, 2013. Beginning Jul y 1, 2013, finished goods containing thin MDF, sold, supplied, or offered for sale must comply with the Phase 2 standard, reg ardless 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 Phas e 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 th ree months after each of the specified effective dates. The specific sel l-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 un til March 31, 2009. Beginning April 1, 2009, all HWPW- VC subject to the Phase 1 standard must comply with this stand ard, 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 un til March 31, 2010. Beginning April 1, 2010, all HWPW- VC subject to the Phase 2 standard must comply with this stand ard,35 regardless of the date on which the products were

manufactured.

(B) Hardwood plywood made with a composite core (H WPW-CC).

1. Panels of HWPW-CC manufactured before July 1, 2009, that do not comply with the Phase 1 standard may be sold, s upplied, offered for sale, or used by importers until Septem ber 30, 2009. Beginning October 1, 2009, all HWPW-CC subject to t he Phase 1 standard must comply with this standard, regardle ss 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, s upplied, offered for sale, or used by importers until Septem ber 30, 2012. Beginning October 1, 2012, all HWPW-CC subject to t he Phase 2 standard must comply with this standard, regardle ss of the date on which the products were manufactured.

(C) Particleboard (PB) and medium density fiberboa rd (MDF).

1. Panels of PB and MDF manufactured before Janua ry 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, offered for sale, or used by importers un til March 31, 2009. Beginning April 1, 2009, all PB an d MDF subject to the Phase 1 standard must comply with th is standard, regardless of the date on which the products were

manufactured.

2. Panels of PB and MDF manufactured before Janua ry 1, 2011, that do not comply with the Phase 2 standard may be sold, supplied, offered for sale, or used by importers un til March 31, 2011. Beginning April 1, 2011, all PB a nd MDF subject to the Phase 2 standard must comply with th is 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 th e Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.36 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 th e 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 Contain ing 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 effecti ve dates specified in section 93120.2(a) may be sold, suppli ed, offered for sale by importers for up to eighteen months after each o f the specified effective dates. The specific sell-through dates f or the Phase 1 and Phase 2 emission standards specified in section 931 20.2(a) are as

follows:

(A) Finished goods containing hardwood plywood ma de with a veneer core (HWPW-VC).

1. Finished goods containing HWPW-VC that does no t comply with the Phase 1 standard may be sold, supplied, or offe red for sale by importers until June 30, 2010. Beginning July 1 , 2010, finished goods containing HWPW-VC, sold, supplied, or offered for sale must comply with the Phase 1 standard, reg ardless of the date that the product was fabricated.

2. Finished goods containing HWPW-VC that does no t comply with the Phase 2 standard may be sold, supplied, or offe red for sale by importers until June 30, 2011. Beginning July 1 , 2011, finished goods containing HWPW-VC, sold, supplied, or offered for sale must comply with the Phase 2 standard, reg ardless of the date that the product was fabricated.

(B) Finished goods containing hardwood plywood ma de with a composite core (HWPW-CC).

1. Finished goods containing HWPW-CC that does no t comply with the Phase 1 standard may be sold, supplied, or offered for sale by importers until December 31, 2010. Beginni ng 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 w as fabricated.37 2. Finished goods containing HWPW-CC that does no t comply with the Phase 2 standard may be sold, supplied, or offered for sale by importers until December 31, 2013. Beginni ng 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 w as fabricated.

(C) Finished goods containing particleboard (PB) an d/or medium density fiberboard (MDF).

1. Finished goods containing PB and/or MDF that d oes not comply with the Phase 1 standard may be sold, supplied, or offered for sale by importers until June 30, 2010. Beginning J uly 1, 2010, finished goods containing PB and/or MDF, sold, supp lied, or offered for sale must comply with the Phase 1 stand ard, regardless of the date that the product was fabrica ted.

2. Finished goods containing PB and/or MDF that do es not comply with the Phase 2 standard may be sold, supplied, or offered for sale by importers until June 30, 2012. Beginning J uly 1, 2012, finished goods containing PB and/or MDF, sold, supp lied, or offered for sale must comply with the Phase 2 stand ard, regardless of the date that the product was fabrica ted.

(D) Finished goods containing thin MDF.

1. Finished goods containing thin MDF that does n ot comply with the Phase 1 standard may be sold, supplied, or offe red for sale by importers until June 30, 2010. Beginning July 1 , 2010, finished goods containing thin MDF, sold, supplied, or offered for sale must comply with the Phase 1 standard, reg ardless of the date that the product was fabricated.

2. Finished goods containing thin MDF that does n ot comply with the Phase 2 standard may be sold, supplied, or offe red 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, reg ardless of the date that the product was fabricated.38

(d) Sell-through Dates that Apply to Fabricators Using HWPW, PB,

and MDF.

(1) Sell-through by Fabricators of Finished Goods Produ ced 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. The specific sell-t hrough 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 mad e 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 offe red for sale by fabricators until June 30, 2010. Beginning July 1, 2010, all finished goods sold, supplied, or offered for sale must be made with HWPW-VC that complies with the Phase 1 standar d, regardless of the date that the finished good was f abricated.

2. Finished goods made with HWPW-VC that does not comply with the Phase 2 standard may be sold, supplied, or offe red for sale by fabricators until June 30, 2011. Beginning July 1, 2011, all finished goods sold, supplied, or offered for sale must be made with HWPW-VC that complies with the Phase 2 standar d, regardless of the date that the finished good was f abricated.

(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, 2010. Begin ning January 1, 2011, all finished goods sold, supplied, or offered for sale must be made with HWPW-CC that complies with t he Phase 1 standard, regardless of the date that the f inished 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. Begin ning January 1, 2014, all finished goods sold, supplied, or offered for sale must be made with HWPW-CC that complies with t he39 Phase 2 standard, regardless of the date that the f inished good

was fabricated.

(C) Finished goods containing particleboard (PB) a nd/or medium density fiberboard (MDF).

1. Finished goods made with PB and/or MDF that do es not comply with the Phase 1 standard may be sold, supplied, or offered for sale by fabricators until June 30, 2010. Beginning July 1, 2010, all finished goods sold, supplied, or offered for s ale must be made with PB and/or MDF that complies with the Phas e 1 standard, regardless of the date that the finished good was

fabricated.

2. Finished goods made with PB and/or MDF that do es not comply with the Phase 2 standard may be sold, supplied, or offered for sale by fabricators until June 30, 2012. Beginning July 1, 2012, all finished goods sold, supplied, or offered for s ale must be made with PB and/or MDF that complies with the Phas e 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 no t comply with the Phase 1 standard may be sold, supplied, or offe red for sale by fabricators until June 30, 2010. Beginning July 1, 2010, all finished goods sold, supplied, or offered for sale must be made with thin MDF that complies with the Phase 1 standa rd, regardless of the date that the finished good was f abricated.

2. Finished goods made with thin MDF that does no t comply with the Phase 2 standard may be sold, supplied, or offe red 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 standa rd, regardless of the date that the finished good was f abricated.

(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 Compos ite Core (HWPW-CC), Particleboard (PB), Medium Density Fiber board (MDF),

or thin MDF Panels Before the Effective Dates of th e Phase 1 and

Phase 2 Emission Standards. Hardwood plywood, particleboard, or40 medium density fiberboard panels manufactured befor e the Phase 1 and Phase 2 effective dates specified in section 93 120.2(a) may be sold, supplied, or offered for sale by retailers fo r up to twelve months after each of the specified effective dates. The s pecific sell-through

dates for the Phase 1 and Phase 2 emission standard s specified in section 93120.2(a) are as follows:

(A) Hardwood plywood made with a veneer core (HWP W-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, 2009. Beginning January 1, 2010, all HWPWVC, sold, supplied, or offered for sale, must compl y with the Phase 1 standard, regardless of the date on which t he 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, or offered for sale by retailers until December 31, 2010. Beginning January 1, 2011, all HWPWVC, sold, supplied, or offered for sale, must compl y with the Phase 2 standard, regardless of the date on which t he products

were manufactured.

(B) Hardwood plywood made with a composite core (HW PW-CC).

1. Panels of HWPW-CC manufactured before July 1, 2009, that do not comply with the Phase 1 standard may be sold, s upplied, or offered for sale by retailers until June 30, 2010. Beginning July 1, 2010, all HWPW-CC, sold, supplied, or offer ed for sale, must comply with the Phase 1 standard, regardless o f 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, s upplied, or offered for sale by retailers until June 30, 2013. Beginning July 1, 2013, all HWPW-CC, sold, supplied, or offer ed for sale, must comply with the Phase 2 standard, regardless o f the date on which the products were manufactured.

(C) Particleboard (PB) and/or medium density fiber board (MDF).

1. Panels of PB or MDF manufactured before Januar y 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until41 December 31, 2009. Beginning January 1, 2010, all PB or MDF, sold, supplied, or offered for sale, must comp ly with the Phase 1 standard, regardless of the date on which t he products

were manufactured.

2. Panels of PB or MDF manufactured before Januar y 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 comp ly with the Phase 2 standard, regardless of the date on which t he 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, 2009. Beginning January 1, 2010, all thin MDF, sold, supp lied, or offered for sale, must comply with the Phase 1 stan dard, 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, supp lied, or offered for sale, must comply with the Phase 2 stan dard, regardless of the date on which the products were

manufactured.

(2) Sell-through by Retailers of Finished Goods Contain ing 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 effecti ve dates specified in section 93120.2(a) may be sold, suppli ed, offered for sale, or used by retailers for up to eighteen months afte r each of the specified effective dates. The specific sell-throu gh dates for the Phase 1 and Phase 2 emission standards specified in secti on 93120.2(a) are

as follows:42 (A) Finished goods containing hardwood plywood ma de with a veneer core (HWPW-VC).

1. Finished goods containing HWPW-VC that does no t comply with the Phase 1 standard may be sold, supplied, or offe red for sale by retailers until June 30, 2010. Beginning July 1 , 2010, finished goods containing HWPW-VC, sold, supplied, or offered for sale, must comply with the Phase 1 standard, re gardless of the date that the product was fabricated.

2. Finished goods containing HWPW-VC that does no t comply with the Phase 2 standard may be sold, supplied, or offe red for sale by retailers until June 30, 2011. Beginning July 1 , 2011, finished goods containing HWPW-VC, sold, supplied, or offered for sale, must comply with the Phase 2 standard, re gardless of the date that the product was fabricated.

(B) Finished goods containing hardwood plywood ma de with a composite core (HWPW-CC).

1. Finished goods containing HWPW-CC that does no t comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until December 31, 2010. Beginni ng 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 w as fabricated.

2. Finished goods containing HWPW-CC that does no t comply with the Phase 2 standard may be sold, supplied, or offered for sale by retailers until December 31, 2013. Beginni ng 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 w as fabricated.

(C) Finished goods containing particleboard (PB) an d/or medium density fiberboard (MDF).

1. Finished goods containing PB and/or MDF that d oes not comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until June 30, 2010. Beginning J uly 1, 2010, finished goods containing PB and/or MDF, sold, supp lied, or offered for sale, must comply with the Phase 1 stan dard, regardless of the date that the product was fabrica ted.

2. Finished goods containing PB and/or MDF that do es not comply with the Phase 2 standard may be sold, supplied, or offered for43 sale by retailers until June 30, 2012. Beginning J uly 1, 2012, finished goods containing PB and/or MDF, sold, supp lied, or offered for sale, must comply with the Phase 2 stan dard, regardless of the date that the product was fabrica ted.

(D) Finished goods containing thin MDF.

1. Finished goods containing thin MDF that does n ot comply with the Phase 1 standard may be sold, supplied, or offe red for sale by retailers until June 30, 2010. Beginning July 1 , 2010, finished goods containing thin MDF, sold, supplied, or offered for sale, must comply with the Phase 1 standard, re gardless of the date that the product was fabricated.

2. Finished goods containing thin MDF that does n ot comply with the Phase 2 standard may be sold, supplied, or offe red for sale by retailers 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, re gardless of the date that the product was fabricated.44

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 composi te wood products to ensure compliance with the applicable f ormaldehyde emission standards in section 93120.2(a). Manufact urers must demonstrate compliance with the emission standards by way of third party certification, and must comply with the quali ty assurance requirements contained in Appendix 2. The requirem ents of Appendix 2 do not apply to product types for manufa cturers who have received ARB approval to use no-added formaldehyde based resins or ULEF resins that have been exempted from third part y certification requirements for those product types, except for th e purpose of applying for re-approval to continue to use no-adde d formaldehyde based 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 q uality control manual, establishment of a quality control function at the manufacturing plant (including testing equipment an d 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 record keeping. 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.

(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

.

(c) Quality Control Manual.

Each manufacturing plant must have a written qualit y control manual, which shall, at a minimum, contain the following:

(1) organizational structure of the quality contro l department; (2) sampling procedures; (3) method of handling samples; (4) frequency of small scale quality control testi ng;45

(5) procedures to identify changes in formaldehyde emissions resulting from production changes (e.g., increase in percenta ge of resin, increase in formaldehyde/urea molar ratio in the re sin, 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 r equired by Appendix 2. Alternatively, the quality control facility may be a contract laboratory or a laboratory operated by an approved third party ce rtifier. Equipment shall be calibrated in accordance with the equipmen t manufacturer’s instructions. The original and any subsequent equi pment calibration

records shall be maintained.

(e) Quality Control Personnel.

(1) Quality Control Manager

Each plant shall have a person with adequate experi ence and/or training to be responsible for formaldehyde emissio n quality control. This person shall report to the plant manager and s hall be identified to the third party certifier. The third party certifi er 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 report s of routine small scale testing conducted on the plant’s production. If a manufacturer with one or more manufacturing plants uses a testin g facility to test routine quality control production samples, the qua lity control manager shall be responsible for ensuring that the samples are collected, packaged, and shipped according to the procedures s pecified 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 par ty certifier by telephone, email, or FAX and by letter of any chang es in production that require re-inspections as set forth in section 93120.12, Appendix 3.

(2) Quality Control Employee

Quality control employees shall have adequate exper ience and/or training to conduct accurate chemical quantitative analytical tests. The46 Quality Control Manager shall identify each person conducting routine small scale tests to the third party certifier. Al l quality control employees must be certified annually by the third p arty certifier for operation of the quality control test method.

(3) Chemical Analysis Tests

(A) Duplicate Analysis

The manufacturer will contact the third party certi fier to request certification of any quality control employee ident ified by the Quality Control Manager. The third party certifier or plan t Quality Control Manager shall test one portion of a formaldehyde so lution based on the manufacturer’s range in expected formaldehyde e missions; 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 certi fier, to verify the correlation of the quality control test method.

(B) Blind Samples

The employee to be certified must determine the for maldehyde 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 determ ined 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 Metho d Test

Each product type, from each production line of eac h plant must be tested in a primary or secondary method testing cha mber. The laboratory operating the chamber must be accredited by an accreditation body that is a signatory to the Inter national Laboratory Accreditation Cooperation Mutual Recognition Arrang ement (ILAC, 2000). The formaldehyde test methods used by the l aboratory must be stated in its scope of accreditation. For the purp ose of a qualifying test and with approval of the third party certifier, a m anufacturer may group two or more product types together if they have sim ilar emission characteristics. If a plant elects to have all or multiple products represented by a single product type, an initial qu alification test failure by that representative product will cause certifica tion to lapse on all other products represented. The emissions from eac h product type from each production line must not exceed the appli cable standard.47

(2) Correlation of Primary or Secondary Method and Small Scale Test

Values

In order to qualify for certification, the manufact urer must establish a

statistical correlation between values obtained fro m the primary or secondary test method and the values from the small scale tests for each product type and production line. For purpose s of establishing this correlation, data for products from the manufa cturer’s plant or data obtained by a third party certifier must be used. The correlation must be based on a minimum sample size of five data pair s.

(3) Subsequent (Verifying) Primary or Secondary Met hod Tests

(A) Quarterly Chamber Test

1. Particleboard (PB) and Medium Density Fiberboa rd (MDF)

At least quarterly, a primary or secondary method t est shall be conducted on randomly selected samples of each prod uct type, as determined by the third party certifier. Manufa cturers that use ULEF resins and have received ARB approval unde r section 93120.3(d)(1) need only have primary or sec ondary method tests conducted every six months. For the p urpose of a verifying primary or secondary method test, a manuf acturer may group two or more product types together if they ha ve similar emission characteristics. If a plant elects to hav e all or multiple products represented by a single product type, a qu arterly qualification test failure by that representative p roduct will cause certification to lapse on all other products repres ented. The emissions from each product type must not exceed th e applicable standard.

2. Hardwood Plywood (HWPW)

At least quarterly, a primary or secondary method t est shall be conducted on randomly selected samples of the HWPW product determined by the third party certifier, after revi ew of routine weekly quality control data, to have the highest po tential to emit formaldehyde. Manufacturers that use ULEF resins a nd have received ARB approval under section 93120.3(d)(1) n eed only have primary or secondary method tests conducted ev ery six months. For the purpose of a verifying primary or secondary method test, a manufacturer may choose to group two or more product types together if they have similar emissio n characteristics. If a plant elects to have all or multiple products48 represented by a single product type, a quarterly q ualification test failure by that representative product will ca use certification to lapse on all other products represented. The em issions from each product type must not exceed the applicable st andard.

(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 applic able standard, the tested product will be in violation o f section 93120.2(a) and certification of that product type w ill be suspended until re-qualification. In such an event , the third party certifier is required to notify the manufactu rer and ARB. If primary or secondary method and small scale test re sults on the same product differ, the primary or secondary metho d result

shall be considered the benchmark value.

Manufacturers must submit the last month of quality control testing data to the third party certifier, for veri fication that the quality control limit (QCL) or shipping QCL (if app licable) reflects an accurate correlation between the primary or seco ndary method and the plant’s quality control tests.

2. Re-qualification

Should an exceedance occur, plant production of tha t product type may be reinstated only upon successful complet ion of another primary or secondary method test. The re-q ualification primary or secondary method test must be conducted on the same product type as that which failed during the v erifying test.

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 handl ed by other means of reducing formaldehyde emissions (e.g., agi ng); and (2) panels randomly selected from the treated panel s are tested under and pass the primary or secondary method test within six

weeks of the initial determination of a failed lot.49

(g) Small Scale Quality Control Tests at Plant.

Each manufacturing plant shall conduct small scale quality control tests for each product type and production line to ascertain that its certified panels do not exceed the applicable emiss ion standard. Alternatively, the quality control tests may be a c onducted 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 b e tested, with each lot’s small scale quality control tests reported to the certifier.

(1) Approved Small Scale Test Methods

The following small scale tests may be used as qual ity control test

methods:

(A) ASTM D 5582-00 (desiccator);

(B) ASTM D 6007-02 (small chamber); and

(C) alternative small scale tests that can be shown to correlate to the primary or secondary method tests as specified in s ubsection (g)(2) and are approved by the Executive Officer.

(2) Correlation of Quality Control Tests with Prima ry or Secondary Method

Tests

Each plant’s quality control test results must be s hown to correlate to primary or secondary method test results. The corr elation must be based on a minimum sample size of five data pairs. If data shows variation from the previously used correlation, the manufacturer shall

work with the certifier to evaluate the data to det ermine if a statistically significant change has occurred. If a change is no ted, a new

correlation curve will be established for the manuf acturer by the

certifier.

(3) Quality Control Limit

Manufacturers will work with their third party cert ifier to establish a Quality Control Limit (QCL) at each manufacturer’s plant for each product type and production line. The QCL is the v alue 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. In add ition to the QCL, an

excursion limit shall be established to account for process and testing variation to keep the product’s emissions from exce eding the50 applicable standard. In the event that a manufactu rer produces product lots that consistently exceed the applicabl e QCL, based on exceedance criteria established by the third party certifier, the certifier shall be notified promptly.

(4) Basic Testing Frequency

(A) PB and MDF

Manufacturers of PB and MDF must conduct routine sm all scale quality control tests at least once per shift (8 or 12 hours, plus or minus one hour of production) for each production l ine for each product type. 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 week ly for each production line for each product type. Quality con trol samples shall be analyzed within a period of time specified in th e manufacturer’s quality control manual to avoid distribution of non -complying lots. In addition, quality control tests must be performe d 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 fo rmaldehyde to

urea ratio is increased; 2. an increase by more than ten percent in the amo unt 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 Con trol 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 frequen tly than one test per 48-hour production period when the plant o r production line demonstrates consistent operations and low variabil ity of test values to the satisfaction of the third party certi fier, based on criteria established by the certifier. Manufacturers must o btain advance written approval from the third party certifier and keep this written approval as part of the manufacturer record keeping requirements.

(C) HWPW

Manufacturers of HWPW must conduct routine small sc ale quality control tests on each product type and product line based on51 production at the plant. Quality control samples s hall be analyzed within a period of time specified in the manufactur er’s quality control manual to avoid distribution of non-complyi ng 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

(5) Non-complying Lots

A “non-complying lot” is any lot that has a test va lue in excess of the applicable standard. Test results from all non-com plying lots shall be maintained as required by the manufacturer’s record keeping requirements. For a non-complying lot to be certif ied, it must meet the requirements of subsections (g)(6) and (g)(7) below

.

(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-complyin g lot cannot be certified unless it is determined to be in complian ce by treating pursuant to subsection (g)(7) below and retesting p ursuant to subsection (g)(8). If the manufacturer chooses not to certify, or is not able to certify a non-complying lot, the lot must n ot 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 orig inal test value of

that lot shall be maintained in the certification c alculations 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 ma y be retested for certification if each panel is treated with a scave nger or handled by other means of reducing formaldehyde emissions (e.g ., aging).

(8) Small Scale Retesting

The manufacturer may choose to retest a non-complyi ng lot. When retesting a non-complying lot, the following criter ia apply:52 (A) At least three test panels shall be selected fr om three separate bundles. They 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 mus t 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 af ter manufacturing. If a manufacturer chooses to establish a Shipping Q CL that is distinct from the QCL, the manufacturer shall work with thei r third party certifier to establish this limit. The procedures for handli ng lots that do not comply with the Shipping QCL, and the procedures fo r 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 t wo years the product data reports for each plant, production lin e and product type, and shall submit copies to the certifier at least m onthly. The reports shall include a data sheet for each specific produc t 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.53

(h) Recordkeeping.

Manufacturers shall maintain complete records docum enting the following:

(1) small scale test results, including testing fre quency; (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 per cent (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 o f the resin; (5) changes in press time by more than 20 percent f or 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 tes t methods (if any); and (9) other records requested by the certifier under its discretion relating to section 93120.12, Appendix 3.

These records shall be made readily available to th e certifier. Records shall be retained for a minimum of 2 years in elect ronic or hard copy form. Records shall also be provided to ARB upon r equest.54

Appendix 3. Requirements for Third Party Certifiers of Compo site Wood

Products.

(a) Purpose.

The purpose of Appendix 3 of section 93120.12 is to specify requirements for ARB-approved third party certifier s for their certification of composite wood products with regar d to the formaldehyde emission standards specified in sectio n 93120.2(a), and when applicable, product types for manufacturers wh o are applying for re-approval to continue to use no-added formaldehyd e based resins as specified in section 93120.3(c) or ULEF resins as s pecified in section 93120.3(d).

(b) Overview of Third Party Certifier Requirements.

(1) ARB-approved third party certifiers shall do th e following:

(A) Verify that manufacturers are complying with th e quality assurance requirements specified in section 93120.12, Appendi x 2.

(B) Verify manufacturer small scale test results co mpared to primary or secondary method results.

(C) Work with manufacturers to establish quality co ntrol, 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 dete rmine if product lots are consistently exceeding the applicable QCL, as specified in section 93120.12, Appendix 2, subsection (g)(3); an d 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).

(D) Provide independent inspections and audits of m anufacturers and

records.

(E) Provide manufacturers with their ARB-approved t hird party certifier

number.

(F) Use laboratories and primary or secondary metho ds for conducting testing that are certified by an accreditation body that is a signatory to the International Laboratory Accreditation Coope ration Mutual Recognition Arrangement (ILAC, 2000). The formalde hyde test methods used by the laboratory shall appear in its scope of accreditation. Each laboratory must be re-certifie d annually. Each55 laboratory must also participate in an interlaborat ory testing comparison with laboratories using similar primary or secondary methods for the same composite wood products. Labo ratories must participate in an interlaboratory comparison d uring the first year the laboratory is used by a third party certif ier, followed by participation in interlaboratory comparisons every two years.

(G) Maintain records in electronic or hard copy for m for two years, for review by ARB upon request, on:

1. manufacturers that have been certified, with des ignated identification codes (if any);

2. results of inspections and tests conducted for e ach manufacturer;

3. list of certified laboratories and primary or se condary test methods utilized by the third party certifier, incl uding the test conditions, conditioning time, test results, and th e types of composite wood products used to establish equivalen ce of a secondary method;

4. correlations between small scale test results an d 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); and

6. the ARB Executive Order approving the third par ty certifier.

(H) On or before March 1 of each year, provide an a nnual report to ARB for the previous calendar year that includes:

1. manufacturers certified during the previous cale ndar year, including resins used by manufacturers, and the ave rage and range in formaldehyde emissions by resin and produc t type;

2. list of non-complying events by manufacturer as specified in section 93120.12, Appendix 2;

3. certified laboratories and primary or secondary test methods utilized by the third party certifier; and

4. results of interlaboratory testing comparisons f or laboratories used by the third party certifier.56

(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 proce sses of each plant conform, or can be made to conform, to the requirem ents of section 93120.12, Appendix 2. Initial plant qualification requirements include:

(1) a written quality control manual approved by th e third party certifier; (2) quality control facilities and personnel approv ed by the third party certifier; (3) passage of a primary or secondary method qualif ying test(s); (4) routine small scale quality control test(s), ap proved by the third party certifier; (5) a procedure for selecting samples, approved by the third party certifier;

and (6) correlation values between the routine small sc ale 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 manufacturer s to ensure that the requirements of section 93120.12, Appendix 2, subse ction (f), are complied with.

(1) Sample Selection, Handling, and Shipping

Primary or secondary method samples shall be random ly chosen from a single lot that is ready for shipment. Neither t he top nor bottom composite wood products of a bundle shall be select ed. The composite wood products must be dead-stacked or air tight wrapped between the time of sample selection and the start of test conditioning. Samples shall be promptly labeled, signed by the th ird party certifier, bundled air tight, wrapped in polyethylene, protect ed by cover sheets, and promptly shipped to the primary or secondary me thod testing facility. Conditioning shall begin as soon as poss ible, 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 shippe d in the same manner as the original.57

(2) Additional (Verifying) Primary or Secondary Me thod Tests

Additional primary or secondary method tests shall be conducted as soon as possible if the third party certifier deter mines that an additional primary or secondary method test is necessary to en sure compliance

with the relevant standard.

(3) Witnessing of Primary or Secondary Method Test s

The third party certifier may, in its discretion, a gree to witness primary or secondary method testing at a certified laborato ry rather than performing the test at its laboratory.

(A) Conditioning

The third party certifier shall review the records of temperature, humidity, and ambient formaldehyde concentration in the conditioning area to verify that these conditions d id 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 seconda ry method operator under the certifier’s supervision shall ta ke air samples and analyze them for formaldehyde according to the prim ary or secondary method. The results will be reported to the

manufacturer and to the certifier.

The primary or secondary method operator or certifi er shall have the option of testing a second set of air samples t o confirm a questionable test value. If a second set of air s amples is taken, it must be taken within the time parameters defined in the primary or secondary method.

If the second sample set of air specimens falls wit hin a range of concentrations, established by the third party cert ifier, of the test values from the first sample set, the two values sh all be averaged. If the test value from the second set of air sample s varies more than the range of concentrations, established by th e third party certifier, from the first, the primary or secondary method test shall

be null and void.58 (C) Identification

Upon completion of the test, the chamber used in th e primary or secondary method test shall be opened and the certi fier shall verify that the panels or samples inside are the proper te st specimens.

(e) Inspections by Third Party Certifier.

(1) Purpose

After a manufacturer has been verified by an ARB-ap proved third party certifier to report their products as being certifi ed with the certifier’s ARB-assigned number, the certifier shall conduct pe riodic 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 qu ality control manual and practices. ARB or local air district personnel may also conduct onsite inspections at the manufacturer to ensure comp liance 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 th e composite wood manufacturer in all aspects of the inspection inclu ding, but not limited to, the following:

(A) reviewing formaldehyde emission quality control records; (B) reviewing production records for press times an d ureaformaldehyde resin usage; (C) examining formaldehyde emission quality control procedures; (D) selection of sample panels for emission testing ; (E) interviewing and testing of quality control emp loyees; and (F) complete access to the Quality Control Manager and any quality control employee involved with formaldehyde certifi cation. The certifier may be excluded from plant areas consider ed confidential, providing such 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 b e selected for a59 single test. The result of this test shall be ente red 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 n on-complying lot, the lot shall be isolated and handled following the pro cedures for noncomplying lots in section 93120.12, Appendix 2.

(5) Report of Findings

Upon completion of the inspection, the certifier sh all prepare findings in writing and review them with the Quality Control Ma nager or plant manager, if available. As soon as complete test da ta are available, the certifier shall provide a written report to the pla nt stating the test results and advising the plant of any deficiencies that mus t be corrected to

maintain certification.

(f) Re-Inspections.

In the event that a manufacturer produces product l ots that consistently exceed the applicable QCL, the certifier shall be n otified promptly. The certifier may re-inspect or audit the plant at leas t once per month for a period of three months, before returning to the pri or inspection frequency. The certifier may also require the manu facturer to demonstrate conformance to the requirements of init ial plant qualification.

(g) Confidentiality.

All information and documentation supplied by the m anufacturer to the certifier pursuant to section 93120.12, Appendix 3, shall be considered confidential and shall not be disclosed by the cert ifier except as may be required by ARB.

The certifier shall consider confidential any obser vations 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.