Final Regulation Order 

AIRBORNE TOXIC CONTROL MEASURE TO REDUCE FORMALDEHYDE 

EMISSIONS FROM COMPOSITE WOOD PRODUCTS 

All of the text shown below is new language to be added to the California Code of 

Regulations. Adopt new sections 93120-93120.12, title 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 Formaldehyde 

Emissions from Composite Wood Products is contained in sections 

93120 through 93120.12. 

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

reduce formaldehyde emissions from composite wood products, and 

finished goods that contain composite wood products, that are sold, 

offered for sale, supplied, used, or manufactured for sale in California. 

The composite wood products covered by this regulation are hardwood 

plywood, particleboard, and medium density fiberboard. 

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

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

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

products for use in California; 

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

fiberboard, and finished goods that contain composite wood products, 

that sell, offer for sale, or supply these products or goods for use in 

California; 

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

fiberboard, and finished goods that contain composite wood products, 

that sell, offer for sale, or supply these products or goods for use in 

California; 

(4) Fabricators that use hardwood plywood, particleboard, and medium 

density fiberboard to make other goods that are sold, offered for sale, 

or supplied for use in California; 
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(5) Retailers of hardwood plywood, particleboard, medium density 

fiberboard, and finished goods that contain composite wood products, 

that sell, offer for sale, or supply these products or 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 apply to hardwood 

plywood, particleboard, medium density fiberboard, and finished goods 

that contain composite wood products that are manufactured, 

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

shipment and use outside of California. 

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 Institute. 

(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 product manufactured 

during a shift (8 or 12 hours, plus or minus one hour 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 hardwood plywood or 

laminated products that consists of particleboard and/or medium 

density fiberboard, or combination core. 
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(8) “Composite wood products” means hardwood plywood, particleboard, 

and medium density fiberboard. “Composite wood products” does not 

include hardboard, structural plywood as specified in the “Voluntary 

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

specified in the “Voluntary Product Standard – Performance Standard 

for Wood-Based Structural-Use Panels” (PS 2-04), structural 

composite lumber as specified in “Standard Specification for 

Evaluation of Structural Composite Lumber Products” (ASTM D 5456-

06), oriented strand board, glued laminated timber as specified in 

“Structural Glued Laminated Timber” (ANSI A190.1-2002), 

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

Establishing and Monitoring Structural Capacities of Prefabricated 

Wood I-Joists” (ASTM D 5055-05), finger-jointed lumber, or “composite 

wood products” used inside of new vehicles as defined in section 430 

of the California Vehicle Code (excluding recreational vehicles), rail 

cars, boats, aerospace craft, or aircraft. 

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

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

distribution in commerce, except that manufacturers and retailers are 

not “distributors.” 

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

entrance. A “door” moves on hinges, slides or rotates, and consists of 

a movable panel or combination of panels, and may include 

component parts. 

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

Resources Board, or his or her delegate. 

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

make finished goods. “Fabricator” includes producers of laminated 

products. 

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

goods are manufactured, tested, used, supplied or offered for sale, or 

sold in California. “Facility” includes, but is not limited to, 

manufacturing plants, testing laboratories, distribution centers, 

fabricator shops, warehouses, and retail stores. 

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

cellulosic material, which can be separated by chemical and/or 

mechanical means, such as pulping, and can be formed into panels. 

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

containing hardwood plywood, particleboard, or medium density 
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fiberboard. Component parts are not “finished goods,” although they 

are used in the assembly of finished goods. “Finished goods” do not 

include used goods such as antiques or second-hand furniture. For 

the purposes of this subsection, a “used good” means a “finished 

good” that has previously been sold or supplied to the ultimate 

purchaser. “Ultimate purchaser” means the first person who in good 

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

resale. 

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

elevated concentrations has a strong, pungent odor and can be 

irritating to the eyes, nose, and lungs (i.e., CAS No. 50-00-0). 

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

made by dry or wet forming and hot pressing of a fiber mat with or 

without resins, that complies with one of the following 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 limited to, aspen, birch, 

and oak. 

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

assembly of (A) hardwood layers or plies of veneer or (B) veneers in 

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

a special core material, or special back material, joined with an 

adhesive. The face veneer may be composed of a hardwood or 

decorative softwood species (ANSI/HPVA HP-1-2004). “Hardwood 

plywood” includes wall paneling, industrial panels, and “hardwood 

plywood” panels used in making flooring. “Hardwood plywood” does 

not include laminated products, military specified plywood, or curved 

plywood. 

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

plywood with a composite core. 

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

plywood with a core made of a sheet or sheets of veneer. 

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

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

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

Regulations, section 101.1. 
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(24) “Laminate” means a veneer or other material affixed as a decorative 

surface to a platform. 

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

finished good made by a fabricator in which a laminate or laminates 

are affixed to a platform. If the platform consists of a composite wood 

product, the platform must comply with the applicable emission 

standards. 

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

beginning of a production run until the first quality control test; or 

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

last quality control test to the end of a production run. 

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

composite wood product. 

(28) “Medium density fiberboard” (MDF) means a panel composed of 

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

resinated fiber mat (ANSI A208.2-2002). 

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

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

making hardwood plywood, particleboard, or medium density 

fiberboard. “No-added formaldehyde based resins” include, but are not 

limited to, resins made from soy, polyvinyl acetate, or methylene 

diisocyanate. 

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

hardwood plywood board produced for sale, supply, or distribution by a 

composite wood product manufacturer. 

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

produced mechanically and used along with resin to make 

particleboard. “Particles” are larger in size than fibers. 

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

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

flakes, or strands) that are pressed together with resin 

(ANSI A208.1-1999). 

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

Code section 39047. 
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(34) “Platform” means the veneer core, composite core, combination core, 

lumber core, or special core material used in the manufacture 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 with 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, number of plies (if 

hardwood plywood), and resin to distinguish one composite 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 sells, offers for sale, or 

supplies directly to consumers composite wood products 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 that 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 manufacturer quality 

assurance programs, and (C) provides independent audits 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 93120.2, as provided 

in section 93120.3(d). 

(43) “Veneer” means thin sheets of wood peeled or sliced from logs for use 

in the manufacture of wood products such as plywood, laminated 

veneer lumber, laminated products, or other products. 

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

of veneer. 
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(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 jambs, stiles, sashes, and 

rails, and excludes sills, window headers and window 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 Plywood 

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

(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 for sale, or 

manufactured for sale in California. 

Except as provided in section 93120.2(b), Exemptions, and the “sellthrough” provisions of section 93120.12, Appendix 1, no person shall 

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

composite wood product which, at the time of sale or manufacture, 

does not comply with the emission standards in Table 1 on or after the 

effective dates specified in Table 1. 

Table 1 

Phase 1 and Phase 2 Formaldehyde Emission Standards for Hardwood Plywood 

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

 ---- Phase 1 (P1) and Phase 2 (P2) Emission Standards (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(2002)] in parts per million (ppm). 

HWPW-VC = veneer core; HWPW-CC = composite core. 
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A product “does not comply with the emission standards in Table 1” if: 

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

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

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

formaldehyde based resins as provided in section 93120.3(c), or (C) a 

current ARB approval to use a ULEF resin as provided in section 

93120.3(d); or 

(2) Records of testing conducted by the manufacturer or the third party 

certifier show that a particular composite wood product sold, supplied, 

or offered for sale in California exceeded the applicable emission 

standard specified in Table 1, based on: (A) the compliance testing 

procedure for hardwood plywood, particleboard, and medium density 

fiberboard specified in section 93120.9(a) or (B) the quality control 

testing method specified in 93120.9(d) (subject to permitted retesting, 

disposition or treatment); or 

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

any time after it is manufactured, using either the compliance test 

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

specified in section 93120.9(b), and is found to exceed the applicable 

emission standard specified in Table 1; or 

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

comply with the emission standards in Table 1, based on the criteria 

set forth in paragraphs (1), (2), or (3) above; or 

(5) A finished good is found to contain any composite wood product that 

does not comply with the applicable emission standards in Table 1 

using the enforcement test method for finished goods specified in 

section 93120.9(c). 

(b) Exemptions. 

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

composite wood products or finished goods containing these materials 

that are manufactured, sold, offered for sale, or supplied for shipment 

and use outside of California. 

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

hardwood plywood and particleboard materials manufactured, sold, 

supplied for installation, or installed in manufactured homes subject to 

the United States Department of Housing and Urban Development 

regulations (24 Code of Federal Regulations, section 3280.308). 
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(3) To qualify for an exemption specified in section 93120.2(b)(1) or 

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

adequate documentation to demonstrate that the criteria of the 

exemption are met. 

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

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

41712, Health and Safety Code. 

§ 93120.3 Requirements for Manufacturers of Hardwood Plywood 

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

(MDF). 

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

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

provided in the “sell-through” provisions in Appendix 1 of section 

93120.12, all HWPW, PB, and MDF sold, supplied, or offered for sale 

on or after the effective dates specified in section 93120.2(a) must 

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

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

using resins that contain formaldehyde, compliance with the emission 

standards specified in section 93120.2(a) must be verified by using a 

third party certifier approved by ARB under section 93120.4. These 

manufacturers must also comply with the quality assurance 

requirements specified in Appendix 2 of section 93120.12. 

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

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

HWPW, PB, and MDF who plan to use no-added formaldehyde based 

resins are not required to comply with section 93120.3(b). To apply for 

ARB approval, manufacturers must submit the following information to 

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

will be manufactured using no-added formaldehyde based resins for 

sale in California; (B) the chemical formulation of the candidate noadded formaldehyde based resins, including base resins, catalysts, 

and other additives as used in manufacturing; (C) the 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 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 one 
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primary or secondary method test, as required in Appendix 2 of section 

93120.12. Ninety percent of the three months of routine quality control 

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

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

must be shown to be no higher than 0.05 ppm for HWPW and 0.06 

ppm for PB, MDF, and thin MDF. 

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

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

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

deficient and shall identify the specific information required to make the 

application complete. 

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

to a determination by the Executive Officer that an application is 

deficient, the Executive Officer shall inform the applicant, in writing, 

either that the new information is sufficient to make the application 

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

application is deficient and shall identify the specific information 

required to make the application complete. 

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

Executive Officer shall act to approve or disapprove the application. 

The Executive Officer shall issue an Executive Order approving the 

application if the evidence submitted by the applicant is sufficient to 

demonstrate that the applicant has met the requirements of section 

93120.3(c)(1). The approval shall have a duration of two years, and 

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

An application for re-approval must include results of at least one 

primary or secondary method test for each product type based on a 

panel or set of panels randomly selected and tested by an ARB 

approved third party certifier, and the chemical formulation of the noadded formaldehyde based resins. 

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

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

supplement the information required for the application. The applicant 

and the Executive Officer may mutually agree to longer time periods 

for determining whether an application is complete, or for approving or 

disapproving an application. 

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

ARB must be notified in advance and the manufacturer must comply 

with the requirements of section 93120.3(b) for that product type. 
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(d) Special Provisions for Manufacturers of HWPW, PB and 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-emitting formaldehyde 

(ULEF) resins may test their products less frequently than otherwise 

required. The testing frequency for manufacturers using ULEF resins 

is specified in Appendix 2 of section 93120.12. To apply for ARB 

approval, manufacturers must submit the following information to the 

Executive Officer: (A) a statement indicating which product types will 

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

chemical formulation of the candidate ULEF resins, including base 

resins, scavenger resins, scavenger additives, catalysts, and other 

additives as used in manufacturing; (C) the name of the ARB approved 

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

candidate ULEF resins to demonstrate that panels manufactured with 

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

the Phase 2 emission standards specified in section 93120.2(a); or 

(2.) for PB and MDF, the emission values in Table 2. These data must 

be obtained by working with an ARB approved third party certifier and 

must include 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 two quarterly 

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

section 93120.12. For HWPW, in order to qualify for approval to test 

any product type less frequently, the results of the six months of 

routine quality control testing data and the two quarterly primary or 

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

Phase 2 emission standards. For PB and MDF, in order to qualify for 

approval to test any product type less frequently, ninety percent of the 

six months of routine quality control testing data and the results of the 

two quarterly primary or secondary method tests must be shown to be 

no higher than the ULEF-target value listed in Table 2, and all data 

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

Table 2. 
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Table 2 

Ultra-Low-Emitting Formaldehyde (ULEF) Resin 

Emission Target and Cap Values (in ppm) for 

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

 PB MDF Thin MDF 

ULEF-target 0.05 0.06 0.08 

ULEF-cap 0.08 0.09 0.11 

(1) Concentrations must be based on correlations 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 product types for an 

exemption from third party certification. To qualify 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 data must be shown 

to be no higher than a ULEF-cap value of 0.05 ppm for HWPW and 

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

section 93120.3(d)(1) apply. Manufacturers who have been exempted 

from third party certification do not need to comply with the 

requirements of Appendix 2 of section 93120.12. 

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

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

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

deficient and shall identify the specific information required to make the 

application complete. 

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

to a determination by the Executive Officer that an application is 

deficient, the Executive Officer shall inform the applicant, in writing, 

either that the new information is sufficient to make the application 

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

application is deficient and shall identify the specific information 

required to make the application complete. 

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

Executive Officer shall act to approve or disapprove the application. 

The Executive Officer shall issue an Executive Order approving the 

application if the evidence submitted by the applicant is sufficient to 

demonstrate that the applicant has met the requirements specified in 

section 93120.3(d)(1) or (d)(2). The approval shall have a duration of 
13

two years, and the manufacturer may apply for re-approval as provided 

in this section. An application for re-approval must include the results 

of at least two primary or secondary method tests for each product 

type based on panels randomly selected and tested by an ARB 

approved third party certifier, and the chemical formulation of the ULEF 

resins. 

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

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

supplement the information required for the application. The applicant 

and the Executive Officer may mutually agree to longer time periods 

for determining whether an application is complete, or for approving or 

disapproving an application. 

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

notified in advance and the manufacturer must comply with the 

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

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

wood products must be clearly labeled to indicate compliance with the 

emission standards specified in section 93120.2(a). The label shall 

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

(1) Manufacturer name; 

(2) Product lot number or batch produced; 

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

the applicable Phase 1 or 2 emission standards specified in section 

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

based resins; and 

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

requirement does not apply to manufacturers using no-added 

formaldehyde based resins that have obtained ARB approval as 

provided in section 93120.3(c) or products manufactured using ULEF 

resins as provided in section 93120.3(d)(2). 

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

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

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

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

applicable Phase 1 or Phase 2 emission standard specified in section 

93120.2(a) and, if applicable, were made using ULEF resins or noadded formaldehyde based resins. 
14

(g) Recordkeeping Requirements for Manufacturers of Hardwood Plywood 

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

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

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

manufacturers must keep records of their quality assurance emissions 

test data for each product as provided in Appendix 2 of section 

93120.12. Manufacturers using no-added formaldehyde 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 resins must keep 

documentation to demonstrate that ARB approval has been obtained. 

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

period of two years. 

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

manufacturers must maintain records at their production facilities for a 

period of two years, including: 

(A) Tracking information to allow each composite wood product 

produced to be traced to a specific lot number or batch produced; 

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

product, date of manufacture, and lot/batch number); 

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

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

amount purchased), if applicable; 

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

contact person, address, phone number, and shipping invoice 

number), if applicable; 

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

company name, contact person, phone number, mailing and email 

address); this subsection (E) does not apply to products 

manufactured with no-added formaldehyde based resins as 

specified under section 93120.3(c)(1) or products manufactured 

with ULEF resins as specified under section 93120.3(d)(2); and 

 

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

formaldehyde based resins or ULEF resins must maintain 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 weight; 

3. Production volume reported as square feet per product type; 

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

resin supplier contact information; 

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

type; and 

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

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-complying 

composite wood products, results of retesting, and final disposition of 

the lots or batches of composite wood products. 

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

local air district personnel upon request. 

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

third party certifiers as provided in Appendices 2 and 3 of section 

93120.12. In addition, manufacturers may also be inspected by ARB 

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

local air district personnel may request to audit records or secure 

samples for testing. Composite wood products secured during an 

inspection are subject to testing using the enforcement test method 

specified in section 93120.9(b), to determine compliance with the 

applicable emission standards. 

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

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

41712, Health and Safety Code. 

§ 93120.4 Third Party Certifiers.

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

Executive Officer as provided in subsection (b). The Executive Officer 

will issue a number to each approved third party certifier. 
16

(b) ARB Approval of Third Party Certifiers. 

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

submitted in writing to the Executive Officer and must contain the 

following: 

(A) Evidence of actual field experience in the verification of laboratories 

and wood products, to demonstrate how applicants will be able to 

competently perform the requirements of Appendix 3;

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

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

issued by a signatory to the International Laboratory Accreditation 

Cooperation Mutual Recognition Arrangement (ILAC, 2000); and 

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

verify and evidence that the applicant is qualified to verify these 

products. 

(2) Within 45 days of receiving an application to become an ARBapproved third party certifier, the Executive Officer shall inform the 

applicant, in writing, either that the application is complete and 

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

the specific information required to make the application complete. 

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

to a determination by the Executive Officer that an application is 

deficient, the Executive Officer shall inform the applicant, in writing, 

either that the new information is sufficient to make the application 

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

application is deficient and shall identify the specific information 

required to make the application complete. 

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

Executive Officer shall act to approve or disapprove the application. 

The Executive Officer shall issue an Executive Order approving the 

application if the evidence submitted by the applicant is sufficient to 

demonstrate that the applicant can competently perform the tasks 

described in subsection (c). The Executive Order shall have a duration 

of two years. Within 120 days of the expiration date of the Executive 

Order, a third party certifier may apply for re-approval by submitting an 

updated application to the Executive Officer to demonstrate the 

continued ability to comply with section 93120.4(b)(1). 
17

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

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

supplement the information required for the application. The applicant 

and the Executive Officer may mutually agree to longer time periods 

for determining whether an application is complete, or for approving or 

disapproving an application. 

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

approved third party certifiers are contained in section 93120.12, 

Appendix 3. 

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

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

modify or revoke an Executive Order approving a third party certifier. 

The Executive Officer shall not modify or revoke an Executive Order 

without affording the third party certifier the opportunity for a hearing in 

accordance with the procedures specified in Article 2 (commencing 

with section 60055.1) of Subchapter 1.25 of Chapter 1 of Division 3 of 

Title 17, California Code of Regulations. 

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

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

and Safety Code. 

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

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

Finished Goods Containing Those Materials. 

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

provisions of section 93120.12, Appendix 1, all distributors must 

comply with the requirements of section 93120.2(a) for all composite 

wood products and finished goods containing these materials that are 

sold, supplied, offered for sale, or purchased for sale in California. 

(b) Additional Requirements to Help Ensure that Complying Composite 

Wood Products and Finished Goods are Purchased. Distributors must 

take reasonable prudent precautions to ensure that the composite 

wood products and composite wood products contained in finished 

goods that they purchase comply with the emission standards 

specified in section 93120.2(a). “Reasonable prudent precautions” 

include, at a minimum, instructing each supplier that the composite 

wood products and finished goods they supply to a distributor must 

comply with the applicable emission standards, and obtaining written 

documentation from each supplier that this is so. 
18

In addition, distributors must keep records showing the date of 

purchase and the supplier of the composite wood products and 

finished goods, and document the precautions taken to ensure that the 

composite wood products and composite wood products contained in 

finished goods comply with applicable emission standards. These 

records must be kept in electronic or hard copy form for a minimum of 

two years and provided to ARB or local air district personnel upon 

request. This section does not affect the liability of any person for any 

violation of section 93120.2(a). 

(c) Product Labeling Requirements for Composite Wood Products and 

Finished Goods. 

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

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

labeling is required. If the composite wood products are modified, 

distributors are subject to the labeling requirements specified for 

fabricators in section 93120.7(d). 

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

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

additional labeling is required. If the finished goods are modified, the 

distributor must label the modified goods as specified for fabricators in 

section 93120.7(d). 

 

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

finished good made with these materials, the distributor must state on 

the bill of lading or invoice, that the composite wood products or 

composite wood products contained in finished goods comply with the 

applicable Phase 1 or Phase 2 emission standard specified in section 

93120.2(a). 

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

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

district personnel may request to audit records or secure samples for 

testing. Composite wood products or finished goods secured during 

an inspection are subject to testing, using the applicable enforcement 

test method specified in section 93120.9, to determine compliance with 

the applicable emission standards. 

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

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

41712, Health and Safety Code. 
19

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

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

Finished Goods Containing Those Materials. 

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

provisions of section 93120.12, Appendix 1, all importers must comply 

with the requirements of section 93120.2(a) for all composite wood 

products and finished goods containing these materials that are sold, 

supplied, offered for sale, or purchased for sale in California. 

(b) Additional Requirements to Help Ensure that Complying Composite 

Wood Products and Finished Goods are Purchased. Importers must 

take reasonable prudent precautions to ensure that the composite 

wood products and composite wood products contained in finished 

goods that they purchase comply with the emission standards 

specified in section 93120.2(a). “Reasonable prudent precautions” 

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

supply to an importer must comply with the applicable emission 

standards, and obtaining written documentation from each supplier that 

this is so. 

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

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

and document the precautions taken to ensure that the composite 

wood products and composite wood products contained in finished 

goods comply with applicable emission standards. These records 

must be kept in electronic or hard copy form for a minimum of two 

years and provided to ARB or local air district personnel upon request. 

This section does not affect the liability of any person for any violation 

of section 93120.2(a). 

(c) Product Labeling Requirements for Composite Wood Products and 

Finished Goods. 

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

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

is required. If the composite wood products are modified, importers 

are subject to the labeling requirements specified for fabricators in 

section 93120.7(d). 

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

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

additional labeling is required. If the finished goods are modified, the 

importer must label the modified goods as specified for fabricators in 

section 93120.7(d). 
20

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

finished good made with these materials, the importer must state on 

the bill of lading or invoice, that the composite wood products or 

composite wood products contained in finished goods comply with the 

applicable Phase 1 or Phase 2 emission standard specified in section 

93120.2(a). 

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

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

district personnel may request to audit records or secure samples for 

testing. Composite wood products or finished goods secured during 

an inspection are subject to testing, using the applicable enforcement 

test method specified in section 93120.9, to determine compliance with 

the applicable emission standards. 

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

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

41712, Health and Safety Code. 

§ 93120.7 Requirements for Fabricators that use Hardwood Plywood 

(HWPW), Particleboard (PB), Medium Density Fiberboard 

(MDF), and Finished Goods Containing Those Materials. 

(a) Emission Standards. 

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

Appendix 1, all fabricators must comply with the requirements of 

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

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

purchased for sale in California. 

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

composite wood products, do not need to comply with the 

manufacturer requirements regarding third party certification in section 

93120.3(b). 

(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 section 93120.2(a). 

(4) Fabricators manufacturing composite wood products exclusively for 

use by the fabricator in making finished goods must comply with all 

requirements of section 93120.3, except the product labeling 

requirements contained in section 93120.3(e). 
21

(b) Exemptions. 

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

requirements of this section if the window product contains less than 

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

the total volume of the finished window product. 

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

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

doors are made from composite wood products manufactured with 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 finished exterior door or 

garage door. 

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

with recordkeeping or product labeling requirements of section 93120.7 

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

for sale in California. 

(c) Additional Requirements to Help Ensure that Complying Composite 

Wood Products and Finished Goods are Purchased. Fabricators must 

take reasonable prudent precautions to ensure that the composite 

wood products and composite wood products contained in finished 

goods that they purchase are in compliance with the applicable 

emission standards specified in section 93120.2(a), and are labeled as 

complying with the applicable Phase 1 or Phase 2 standards in section 

93120.2(a). “Reasonable prudent precautions” include, at a minimum, 

instructing each supplier that the goods they supply to the fabricator 

must comply with the applicable emission standards, and obtaining 

written documentation from each supplier that this is so. 

In addition, fabricators must keep records showing the date of 

purchase and the supplier of the composite wood products and 

finished goods, and document the precautions taken to ensure that the 

composite wood products and composite wood products contained in 

finished goods comply with applicable emission standards. These 

records must be kept in electronic or hard copy form for a minimum of 

two years and provided to ARB or local air district personnel upon 

request. This section does not affect the liability of any person for any 

violation of section 93120.2(a). 

(d) 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 applied as a stamp, tag, 

sticker, or bar code on every finished good produced, or on every box 

containing finished goods. The label shall include, at a minimum, the 

fabricator’s name, the date the finished good was produced and a 

marking to denote that the product was made with HWPW, PB, or MDF 

that complies with the applicable Phase 1 or Phase 2 emission 

standards in section 93120.2(a). Finished goods shall be labeled as 

having been made with no-added formaldehyde based resins 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 specified in section 

93120.2(a) on the bill of lading or invoice provided 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 audit records or secure 

samples for testing. Composite wood products or finished goods 

secured during an inspection are subject to testing, using the 

applicable enforcement test method specified in section 93120.9, to 

determine compliance with the applicable emission standards. 

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

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

41712, Health and Safety Code. 

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

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

Density Fiberboard (MDF), and Finished Goods Containing 

Those Materials. 

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

provisions of section 93120.12, Appendix 1, all retailers must comply 

with the requirements of section 93120.2(a) for all composite wood 

products and finished goods containing these materials that are sold, 

supplied, offered for sale, or purchased for sale in California. 

(b) Additional Requirements to Help Ensure that Complying Composite 

Wood Products and Finished Goods are Purchased. Retailers must 

take reasonable prudent precautions to ensure that the composite 

wood products and composite wood products contained in finished 

goods that they purchase comply with the emission standards 
23

specified in section 93120.2(a). “Reasonable prudent precautions” 

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

supply to the retailer must comply with the applicable emission 

standards, and obtaining written documentation from each supplier that 

this is so. 

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

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

and document the precautions taken to ensure that the composite 

wood products and composite wood products contained in finished 

goods comply with applicable emission standards. These records 

must be kept in electronic or hard copy form for a minimum of two 

years and provided to ARB or local air district personnel upon request. 

This section does not affect the liability of any person 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 applicable enforcement 

test method specified in section 93120.9, to determine compliance with 

the applicable emission standards. 

 

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

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

41712, Health and Safety Code. 

§ 93120.9 Test Methods. 

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

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

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

conducting product emissions tests, verified by third party certification 

as specified in section 93120.4 and conducted using one of the 

following: 

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

chamber test method). 

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

the additional conditions specified below: 
24

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

conditions and loading rates specified in ASTM D 6007-02, 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. The nine specimens 

shall be tested in groups of three specimens, resulting in three test 

results, which shall be averaged to represent one data point for the 

panel. 

(B) Equivalence between the secondary method and the primary 

method must be established, at least once 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 shall consist 

of the result of simultaneously testing an appropriate number of 

panels (factoring in the loading rate) from the same batch of 

panels tested by the secondary method. 

2. For the secondary method, each comparison sample shall 

consist of testing nine specimens representing evenly 

distributed portions of an entire panel. The nine specimens 

shall be tested in groups of three specimens (factoring in the 

loading rate), resulting in three test results, which shall be 

averaged to represent one data point for the panel, and 

matched to their respective primary method comparison 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 difference of all 

comparison sets shall be calculated as follows. For each of the 

two ranges used for testing, the following computations shall be 

performed: 
25

a. Denote the number of sets in the given range by n. 

b. Compute the difference between the primary and secondary 

method value. Denote the difference for the i

th set by Di, 

where i ranges from 1 to n. 

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

differences according to the following formulas: 

X D /n

n

i

∑ i

=

=

1

∑=

= − −

n

i

i S (D )X /(n )

1

2

1

5. The secondary method shall be considered equivalent to the 

primary method if the following condition is met for both tested 

ranges: 

X + 88.0 S ≤ C

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 primary and 

secondary method to represent the range in emissions based 

on the emission standards specified in section 93120.2(a) for 

composite wood products that a third party certifier is approved 

to verify under section 93120.4 and, if applicable, the range in 

emissions for no-added formaldehyde 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 demonstrated, 

following the minimum requirements specified in section 

93120.9(a)(2)(B), to provide equivalent results to those obtained 

using ASTM E 1333-96(2002). All alternative secondary test 
26

methods must be approved in writing by the Executive Officer prior 

to use as specified below. 

(B) An application to use an alternative secondary test method must be 

submitted to the ARB in writing, and must include, at a minimum, 

the following information and data: 

1. A complete description of the test method used to quantify 

product emissions, including all procedures used, precision and 

reproducibility, and the criteria used to demonstrate the validity 

of the test method. 

2. Results collected using the alternate secondary test method and 

corresponding equivalent emissions. 

(C) Within 45 days of receipt of an application, the Executive Officer 

shall notify the applicant in writing that the application is complete, 

or if additional information or testing is required to complete the 

application. If the Executive Officer finds that an application 

complies with the requirements of this section, then he or she may 

issue an Executive Order certifying that the alternate secondary 

test procedure provides equivalent results to ASTM E 1333-96 

(2002), and authorize its use for compliance testing. 

(b) Enforcement Test Method for HWPW, PB, and MDF Samples. 

Emission testing of samples of HWPW, PB, and MDF shall be 

conducted by ARB or local air district personnel using a secondary 

method, a large chamber [ASTM E 1333-96(2002)], or an alternate 

secondary test procedure as specified in section 93120.9(a). Sample 

handling procedures shall be followed as specified in the applicable 

ASTM method or alternate secondary test procedures. 

(c) Enforcement Test Method for Finished Goods Containing HWPW, PB, 

and MDF. Emission testing of samples of HWPW, PB, and MDF 

contained in finished goods shall be conducted by ARB or local air 

district personnel using a secondary method, or an alternate secondary 

test procedure as specified in section 93120.9(a). Sample handling 

procedures shall be followed that are consistent with those specified in 

ASTM D 6007-02 or alternate secondary test procedures. 

(d) Quality Control Test Method. A test method correlated to either the 

primary or secondary methods for performing routine quality control 

tests as required by section 93120.3. A correlation 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 pairs. 
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 reference 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 Standard for Hardwood 

and Decorative Plywood, 2004. 

(h) ASTM D 5055-05. Standard Specification for Establishing and 

Monitoring Structural Capacities of Prefabricated Wood I-Joists, 2005. 

(i) ASTM D 5456-06. Standard Specification for Evaluation of Structural 

Composite Lumber Products, 2006. 

(j) ASTM D 5582-00. Standard Test Method for Determining 

Formaldehyde Levels from Wood Products Using a Desiccator, 2000. 

(k) ASTM D 6007-02. Standard Test Method for Determining 

Formaldehyde Concentration in Air from Wood Products Using a Small 

Scale Chamber, 2002. 

(l) ASTM E 1333-96(2002). Standard Test Method for Determining 

Formaldehyde Concentrations in Air and Emission Rates from Wood 

Products Using a Large Chamber, 2002. 

(m) ILAC. International Laboratory Accreditation Cooperation Mutual 

Recognition Arrangement, 2000. 

(n) PS 1-07. Voluntary Product Standard – Structural Plywood. National 

Institute of Standards and Technology, 2007. 

(o) PS 2-04. Voluntary Product Standard – Performance Standard for 

Wood-Based Structural-Use Panels. National Institute 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 (ATCM) shall be deemed 

severable, and in the event that any part of this ATCM is held to be invalid, the 

remainder of this ATCM shall continue in full force and effect. 

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

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

and Safety Code. 

§ 93120.12 Appendices.

This section contains Appendices 1 - 3 to the Airborne Toxic Control Measure to 

Reduce Formaldehyde Emissions from Composite Wood Products. 
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 Hardwood 

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

Fiberboard (MDF). 

 (1) Sell-through by Manufacturers of Hardwood Plywood, Particleboard, 

and Medium Density Fiberboard Manufactured Before the Effective 

Dates of the Phase 1 and Phase 2 Emission Standards. Hardwood 

plywood, particleboard, and medium density fiberboard manufactured 

before the Phase 1 and Phase 2 effective dates specified in section 

93120.2(a) may be sold, supplied, or offered for sale by the product 

manufacturer for up to three months after each of the specified 

effective dates. The specific sell-through dates for the Phase 1 and 

Phase 2 emission standards specified in section 93120.2(a) are as 

follows:

(A) Hardwood plywood made with a veneer core (HWPW-VC). 

1. Panels of HWPW-VC manufactured before January 1, 2009, 

that do not comply with the Phase 1 standard may be sold, 

supplied, or offered for sale by the product manufacturer until 

March 31, 2009. Beginning April 1, 2009, all HWPW-VC subject 

to the Phase 1 standard must comply with this standard, 

regardless of the date on which the products were 

manufactured. 

2. Panels of HWPW-VC manufactured before January 1, 2010, 

that comply with the Phase 1 standard, but do not comply with 

the Phase 2 standard, may be sold, supplied, or offered for sale 

by the product manufacturer until March 31, 2010. Beginning 

April 1, 2010, all HWPW-VC subject to the Phase 2 standard 

must comply with this standard, regardless of the date on which 

the products were manufactured. 

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

1. Panels of HWPW-CC manufactured before July 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, or 

offered for sale by the product manufacturer until September 30, 

2009. Beginning October 1, 2009, all HWPW-CC subject to the 

Phase 1 standard must comply with this standard, regardless of 

the date on which the products were manufactured. 
30

2. Panels of HWPW-CC manufactured before July 1, 2012, that 

comply with the Phase 1 standard, but do not comply with the 

Phase 2 standard, may be sold, supplied, or offered for sale by 

the product manufacturer until September 30, 2012. Beginning 

October 1, 2012, all HWPW-CC subject to the Phase 2 standard 

must comply with this standard, regardless of the date on which 

the products were manufactured. 

(C) Particleboard (PB), medium density fiberboard (MDF), and thin 

MDF. 

1. Panels of PB, MDF, and thin MDF manufactured before 

 January 1, 2009, that do not comply with the Phase 1 standard 

may be sold, supplied, or offered for sale by the product 

manufacturer until March 31, 2009. Beginning April 1, 2009, all 

PB, MDF, and thin MDF subject to the Phase 1 standard must 

comply with this standard, regardless of the date on which the 

products were manufactured. 

2. Panels of PB and MDF manufactured before January 1, 2011, 

that comply with the Phase 1 standard, but do not comply with 

the Phase 2 standard, may be sold, supplied, or offered for sale 

by the product manufacturer until March 31, 2011. Beginning 

April 1, 2011, all PB and MDF subject to the Phase 2 standard 

must comply with this standard, regardless of the date on which 

the products were manufactured. 

3. Panels of thin MDF manufactured before January 1, 2012, that 

comply with the Phase 1 standard, but do not comply with the 

Phase 2 standard, may be sold, supplied, or offered for sale by 

the product manufacturer until March 31, 2012. Beginning 

April 1, 2012, all thin MDF subject to the Phase 2 standard must 

comply with this standard, regardless of the date on which the 

products were manufactured. 

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

MDF. 

(1) Sell-through by Distributors of Hardwood Plywood, Particleboard, and 

Medium Density Fiberboard Manufactured Before the Effective Dates 

of the Phase 1 and Phase 2 Emission Standards. Hardwood plywood, 

particleboard, or medium density fiberboard manufactured before the 

Phase 1 and Phase 2 effective dates specified in section 93120.2(a) 

may be sold, supplied, or offered for sale by distributors for up to five 

months after each of the specified effective dates. The specific sell-
31

through dates for each of the Phase 1 and Phase 2 emission 

standards specified in section 93120.2(a) are as follows: 

(A) Hardwood plywood made with a veneer core (HWPW-VC). 

1. Panels of HWPW-VC manufactured before January 1, 2009, 

that do not comply with the Phase 1 standard may be sold, 

supplied, offered for sale, or used by distributors until 

May 31, 2009. Beginning June 1, 2009, all HWPW-VC subject 

to the Phase 1 standard must comply with this standard, 

regardless of the date on which the products were 

manufactured. 

2. Panels of HWPW-VC manufactured before January 1, 2010, 

that do not comply with the Phase 2 standard may be sold, 

supplied, offered for sale, or used by distributors until 

May 31, 2010. Beginning June 1, 2010, all HWPW-VC subject 

to the Phase 2 standard must comply with this standard, 

regardless of the date on which the products were 

manufactured. 

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

1. Panels of HWPW-CC manufactured before July 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, 

offered for sale, or used by distributors until 

 November 30, 2009. Beginning December 1, 2009, all HWPWCC subject to the Phase 1 standard must comply with this 

standard, regardless of the date on which the products were 

manufactured. 

2. Panels of HWPW-CC manufactured before July 1, 2012, that do 

not comply with the Phase 2 standard may be sold, supplied, 

offered for sale, or used by distributors until 

November 30, 2012. Beginning December 1, 2012, all HWPWCC subject to the Phase 2 standard must comply with this 

standard, regardless of the date on which the products were 

manufactured. 

(C) Particleboard (PB) and medium density fiberboard (MDF). 

1. Panels of PB and MDF manufactured before January 1, 2009, 

that do not comply with the Phase 1 standard may be sold, 

supplied, offered for sale, or used by distributors until 

May 31, 2009. Beginning June 1, 2009, all PB and MDF subject 

to the Phase 1 standard must comply with this standard, 
32

regardless of the date on which the products were 

manufactured. 

2. Panels of PB and MDF manufactured before January 1, 2011, 

that do not comply with the Phase 2 standard may be sold, 

supplied, offered for sale, or used by distributors until 

May 31, 2011. Beginning June 1, 2011, all PB and MDF subject 

to the Phase 2 standard must comply with this standard, 

regardless of the date on which the products were 

manufactured. 

(D) Thin MDF. 

1. Panels of thin MDF manufactured before January 1, 2009, that 

do not comply with the Phase 1 standard may be sold, supplied, 

offered for sale, or used by 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 Containing Hardwood 

Plywood made with a Veneer Core (HWPW-VC), Hardwood Plywood 

made with a Composite Core (HWPW-CC), Particleboard (PB), 

Medium Density Fiberboard (MDF), or thin MDF Before the Effective 

Dates of the Phase 1 and Phase 2 Emission Standards. Finished 

goods containing HWPW-VC, HWPW-CC, PB, MDF, or thin MDF 

manufactured before the Phase 1 and Phase 2 effective dates 

specified in section 93120.2(a) may be sold, supplied, offered for sale 

by distributors for up to eighteen months after each of the specified 

effective dates. The specific sell-through dates for the Phase 1 and 

Phase 2 emission standards specified in section 93120.2(a) are as 

follows: 

 (A) Finished goods containing hardwood plywood made with a veneer 

core (HWPW-VC). 

1. Finished goods containing HWPW-VC that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale 

by distributors until June 30, 2010. Beginning July 1, 2010, 
33

finished goods containing HWPW-VC, sold, supplied, or offered 

for sale must comply with the Phase 1 standard, regardless of 

the date that the product was fabricated. 

2. Finished goods containing HWPW-VC that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale 

by distributors until June 30, 2011. Beginning July 1, 2011, 

finished goods containing HWPW-VC, sold, supplied, or offered 

for sale must comply with the Phase 2 standard, regardless of 

the date that the product was fabricated. 

 (B) Finished goods containing hardwood plywood made with a 

composite core (HWPW-CC). 

1. Finished goods containing HWPW-CC that does not comply 

with the Phase 1 standard may be sold, supplied, or offered for 

sale by distributors until December 31, 2010. Beginning 

January 1, 2011, finished goods containing HWPW-CC, sold, 

supplied, or offered for sale must comply with the Phase 1 

standard, regardless of the date that the product was fabricated. 

2. Finished goods containing HWPW-CC that does not comply 

with the Phase 2 standard may be sold, supplied, or offered for 

sale by distributors until December 31, 2013. Beginning 

January 1, 2014, finished goods containing HWPW-CC, sold, 

supplied, or offered for sale must comply with the Phase 2 

standard, regardless of the date that the product was fabricated. 

(C) Finished goods containing particleboard (PB) and/or medium 

density fiberboard (MDF). 

 

1. Finished goods containing PB and/or MDF that does not comply 

with the Phase 1 standard may be sold, supplied, or offered for 

sale by distributors until June 30, 2010. Beginning July 1, 2010, 

finished goods containing PB and/or MDF, sold, supplied, or 

offered for sale must comply with the Phase 1 standard, 

regardless of the date that the product was fabricated. 

2. Finished goods containing PB and/or MDF that does not comply 

with the Phase 2 standard may be sold, supplied, or offered for 

sale by distributors until June 30, 2012. Beginning July 1, 2012, 

finished goods containing PB and/or MDF, sold, supplied, or 

offered for sale must comply with the Phase 2 standard, 

regardless of the date that the product was fabricated. 
34

(D) Finished goods containing thin MDF. 

 

1. Finished goods containing thin MDF that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale 

by distributors until June 30, 2010. Beginning July 1, 2010, 

finished goods containing thin MDF, sold, supplied, or offered 

for sale must comply with the Phase 1 standard, regardless of 

the date that the product was fabricated. 

2. Finished goods containing thin MDF that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale 

by distributors until June 30, 2013. Beginning July 1, 2013, 

finished goods containing thin MDF, sold, supplied, or offered 

for sale must comply with the Phase 2 standard, regardless of 

the date that the product was fabricated. 

(c) Sell-through Dates that Apply to Importers of HWPW, PB, and 

MDF. 

(1) Sell-through by Importers of Hardwood Plywood (HWPW), 

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

Manufactured Before the Effective Dates of the Phase 1 and Phase 2 

Emission Standards. Hardwood plywood, particleboard, or medium 

density fiberboard manufactured before the Phase 1 and Phase 2 

effective dates specified in section 93120.2(a) may be sold, supplied, 

offered for sale, or used by importers for up to three months after each 

of the specified effective dates. The specific sell-through dates for the 

Phase 1 and Phase 2 emission standards specified in section 

93120.2(a) are as follows: 

(A) Hardwood plywood made with a veneer core (HWPW-VC). 

1. Panels of HWPW-VC manufactured before January 1, 2009, 

that do not comply with the Phase 1 standard may be sold, 

supplied, offered for sale, or used by importers until 

March 31, 2009. Beginning April 1, 2009, all HWPW-VC subject 

to the Phase 1 standard must comply with this standard, 

regardless of the date on which the products were 

manufactured. 

2. Panels of HWPW-VC manufactured before January 1, 2010, 

that do not comply with the Phase 2 standard may be sold, 

supplied, offered for sale, or used by importers until 

March 31, 2010. Beginning April 1, 2010, all HWPW-VC subject 

to the Phase 2 standard must comply with this standard, 
35

regardless of the date on which the products were 

manufactured. 

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

1. Panels of HWPW-CC manufactured before July 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, 

offered for sale, or used by importers until September 30, 2009. 

Beginning October 1, 2009, all HWPW-CC subject to the Phase 

1 standard must comply with this standard, regardless of the 

date on which the products were manufactured. 

2. Panels of HWPW-CC manufactured before July 1, 2012, that do 

not comply with the Phase 2 standard may be sold, supplied, 

offered for sale, or used by importers until September 30, 2012. 

Beginning October 1, 2012, all HWPW-CC subject to the Phase 

2 standard must comply with this standard, regardless of the 

date on which the products were manufactured. 

(C) Particleboard (PB) and medium density fiberboard (MDF). 

1. Panels of PB and MDF manufactured before January 1, 2009, 

that do not comply with the Phase 1 standard may be sold, 

supplied, offered for sale, or used by importers until 

March 31, 2009. Beginning April 1, 2009, all PB and MDF 

subject to the Phase 1 standard must comply with this standard, 

regardless of the date on which the products were 

manufactured. 

2. Panels of PB and MDF manufactured before January 1, 2011, 

that do not comply with the Phase 2 standard may be sold, 

supplied, offered for sale, or used by importers until 

 March 31, 2011. Beginning April 1, 2011, all PB and MDF 

subject to the Phase 2 standard must comply with this standard, 

regardless of the date on which the products were 

manufactured. 

(D) Thin MDF. 

1. Panels of thin MDF manufactured before January 1, 2009, that 

do not comply with the Phase 1 standard may be sold, supplied, 

offered for sale, or used by importers until March 31, 2009. 

Beginning April 1, 2009, all thin MDF subject to the Phase 1 

standard must comply with this standard, regardless of the date 

on which the products were manufactured. 
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 the Phase 2 

standard must comply with this standard, regardless of the date 

on which the products were manufactured. 

(2) Sell-through by Importers of Finished Goods Containing Hardwood 

Plywood made with a Veneer Core (HWPW-VC), Hardwood Plywood 

made with a Composite Core (HWPW-CC), Particleboard (PB), 

Medium Density Fiberboard (MDF), or thin MDF Before the Effective 

Dates of the Phase 1 and Phase 2 Emission Standards. Finished 

goods containing HWPW-VC, HWPW-CC, PB, MDF, or thin MDF 

manufactured before the Phase 1 and Phase 2 effective dates 

specified in section 93120.2(a) may be sold, supplied, offered for sale 

by importers for up to eighteen months after each of the specified 

effective dates. The specific sell-through dates for the Phase 1 and 

Phase 2 emission standards specified in section 93120.2(a) are as 

follows: 

 (A) Finished goods containing hardwood plywood made with a veneer 

core (HWPW-VC). 

1. Finished goods containing HWPW-VC that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale 

by 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, regardless of 

the date that the product was fabricated. 

2. Finished goods containing HWPW-VC that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale 

by importers until June 30, 2011. Beginning July 1, 2011, 

finished goods containing HWPW-VC, sold, supplied, or offered 

for sale must comply with the Phase 2 standard, regardless of 

the date that the product was fabricated. 

 (B) Finished goods containing hardwood plywood made with a 

composite core (HWPW-CC). 

1. Finished goods containing HWPW-CC that does not comply 

with the Phase 1 standard may be sold, supplied, or offered for 

sale by importers until December 31, 2010. Beginning 

January 1, 2011, finished goods containing HWPW-CC, sold, 

supplied, or offered for sale must comply with the Phase 1 

standard, regardless of the date that the product was fabricated. 
37

2. Finished goods containing HWPW-CC that does not comply 

with the Phase 2 standard may be sold, supplied, or offered for 

sale by importers until December 31, 2013. Beginning 

January 1, 2014, finished goods containing HWPW-CC, sold, 

supplied, or offered for sale must comply with the Phase 2 

standard, regardless of the date that the product was fabricated. 

(C) Finished goods containing particleboard (PB) and/or medium 

density fiberboard (MDF). 

 

1. Finished goods containing PB and/or MDF that does not comply 

with the Phase 1 standard may be sold, supplied, or offered for 

sale by importers until June 30, 2010. Beginning July 1, 2010, 

finished goods containing PB and/or MDF, sold, supplied, or 

offered for sale must comply with the Phase 1 standard, 

regardless of the date that the product was fabricated. 

2. Finished goods containing PB and/or MDF that does not comply 

with the Phase 2 standard may be sold, supplied, or offered for 

sale by importers until June 30, 2012. Beginning July 1, 2012, 

finished goods containing PB and/or MDF, sold, supplied, or 

offered for sale must comply with the Phase 2 standard, 

regardless of the date that the product was fabricated. 

(D) Finished goods containing thin MDF. 

 

1. Finished goods containing thin MDF that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale 

by importers until June 30, 2010. Beginning July 1, 2010, 

finished goods containing thin MDF, sold, supplied, or offered 

for sale must comply with the Phase 1 standard, regardless of 

the date that the product was fabricated. 

2. Finished goods containing thin MDF that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale 

by importers until June 30, 2013. Beginning July 1, 2013, 

finished goods containing thin MDF, sold, supplied, or offered 

for sale must comply with the Phase 2 standard, regardless of 

the date that the product was fabricated. 
38

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

and MDF. 

 

(1) Sell-through by Fabricators of Finished Goods Produced Before the 

Effective Dates of the Phase 1 and Phase 2 Emission Standards. 

Finished goods containing HWPW-VC, HWPW-CC, PB, MDF, or thin 

MDF that does not comply with the Phase 1 and Phase 2 effective 

dates specified in section 93120.2(a) may be used, sold, supplied, 

offered for sale by fabricators for up to eighteen months after each of 

the specified effective dates. The specific sell-through dates for the 

Phase 1 and Phase 2 emission standards specified in section 

93120.2(a) are as follows: 

(A) Finished goods containing hardwood plywood made with a veneer 

core (HWPW-VC). 

1. Finished goods made with HWPW-VC that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale 

by fabricators until June 30, 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 standard, 

regardless of the date that the finished good was fabricated. 

2. Finished goods made with HWPW-VC that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale 

by fabricators until June 30, 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 standard, 

regardless of the date that the finished good was fabricated. 

(B) Finished goods containing hardwood plywood made with a 

composite core (HWPW-CC). 

1. Finished goods made with HWPW-CC that does not comply 

with the Phase 1 standard may be sold, supplied, or offered for 

sale by fabricators until December 31, 2010. Beginning 

January 1, 2011, all finished goods sold, supplied, or offered for 

sale must be made with HWPW-CC that complies with the 

Phase 1 standard, regardless of the date that the finished good 

was fabricated. 

2. Finished goods made with HWPW-CC that does not comply 

with the Phase 2 standard may be sold, supplied, or offered for 

sale by fabricators until December 31, 2013. Beginning 

January 1, 2014, all finished goods sold, supplied, or offered for 

sale must be made with HWPW-CC that complies with the 
39

Phase 2 standard, regardless of the date that the finished good 

was fabricated. 

(C) Finished goods containing particleboard (PB) and/or medium 

density fiberboard (MDF). 

1. Finished goods made with PB and/or MDF that does not comply 

with the Phase 1 standard may be sold, supplied, or offered for 

sale by fabricators until June 30, 2010. Beginning July 1, 2010, 

all finished goods sold, supplied, or offered for sale must be 

made with PB and/or MDF that complies with the Phase 1 

standard, regardless of the date that the finished good was 

fabricated. 

2. Finished goods made with PB and/or MDF that does not comply 

with the Phase 2 standard may be sold, supplied, or offered for 

sale by fabricators until June 30, 2012. Beginning July 1, 2012, 

all finished goods sold, supplied, or offered for sale must be 

made with PB and/or MDF that complies with the Phase 2 

standard, regardless of the date that the finished good was 

fabricated. 

(D) Finished goods containing thin MDF. 

1. Finished goods made with thin MDF that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale 

by fabricators until June 30, 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 standard, 

regardless of the date that the finished good was fabricated. 

2. Finished goods made with thin MDF that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale 

by fabricators until June 30, 2013. Beginning July 1, 2013, all 

finished goods sold, supplied, or offered for sale must be made 

with thin MDF that complies with the Phase 2 standard, 

regardless of the date that the finished good was fabricated. 

(e) Sell-through Dates that Apply to Retailers of HWPW, PB, and 

MDF. 

(1) Sell-through by Retailers of Hardwood Plywood made with a Veneer 

Core (HWPW-VC), Hardwood Plywood made with a Composite Core 

(HWPW-CC), Particleboard (PB), Medium Density Fiberboard (MDF), 

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

Phase 2 Emission Standards. Hardwood plywood, particleboard, or 
40

medium density fiberboard panels manufactured before the Phase 1 

and Phase 2 effective dates specified in section 93120.2(a) may be 

sold, supplied, or offered for sale by retailers for up to twelve months 

after each of the specified effective dates. The specific sell-through 

dates for the Phase 1 and Phase 2 emission standards specified in 

section 93120.2(a) are as follows: 

 (A) Hardwood plywood made with a veneer core (HWPW-VC). 

1. Panels of HWPW-VC manufactured before January 1, 2009, 

that do not comply with the Phase 1 standard may be sold, 

supplied, or offered for sale by retailers until 

December 31, 2009. Beginning January 1, 2010, all HWPWVC, sold, supplied, or offered for sale, must comply with the 

Phase 1 standard, regardless of the date on which the products 

were manufactured. 

2. Panels of HWPW-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 comply with the 

Phase 2 standard, regardless of the date on which the products 

were manufactured. 

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

1. Panels of HWPW-CC manufactured before July 1, 2009, that do 

not comply with the Phase 1 standard may be sold, supplied, or 

offered for sale by retailers until June 30, 2010. Beginning 

July 1, 2010, all HWPW-CC, sold, supplied, or offered for sale, 

must comply with the Phase 1 standard, regardless of the date 

on which the products were manufactured. 

2. Panels of HWPW-CC manufactured before July 1, 2012, that do 

not comply with the Phase 2 standard may be sold, supplied, or 

offered for sale by retailers until June 30, 2013. Beginning 

July 1, 2013, all HWPW-CC, sold, supplied, or offered for sale, 

must comply with the Phase 2 standard, regardless of the date 

on which the products were manufactured. 

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

1. Panels of PB or MDF manufactured before January 1, 2009, 

that do not comply with the Phase 1 standard may be sold, 

supplied, or offered for sale by retailers until 
41

December 31, 2009. Beginning January 1, 2010, all PB or 

MDF, sold, supplied, or offered for sale, must comply with the 

Phase 1 standard, regardless of the date on which the products 

were manufactured. 

2. Panels of PB or MDF manufactured before January 1, 2011, 

that do not comply with the Phase 2 standard may be sold, 

supplied, or offered for sale by retailers until 

December 31, 2011. Beginning January 1, 2012, all PB or 

MDF, sold, supplied, or offered for sale, must comply with the 

Phase 2 standard, regardless of the date on which the products 

were manufactured. 

 (D) Thin MDF. 

1. Panels of thin MDF manufactured before January 1, 2009, that 

do not comply with the Phase 1 standard may be sold, supplied, 

or offered for sale by retailers until December 31, 2009. 

Beginning January 1, 2010, all thin MDF, sold, supplied, or 

offered for sale, must comply with the Phase 1 standard, 

regardless of the date on which the products were 

manufactured. 

2. Panels of thin MDF manufactured before January 1, 2012, that 

do not comply with the Phase 2 standard may be sold, supplied, 

or offered for sale by retailers until December 31, 2012. 

Beginning January 1, 2013, all thin MDF, sold, supplied, or 

offered for sale, must comply with the Phase 2 standard, 

regardless of the date on which the products were 

manufactured. 

 (2) Sell-through by Retailers of Finished Goods Containing Hardwood 

Plywood made with a Veneer Core (HWPW-VC), Hardwood Plywood 

made with a Composite Core (HWPW-CC), Particleboard (PB), 

Medium Density Fiberboard (MDF), or thin MDF Before the Effective 

Dates of the Phase 1 and Phase 2 Emission Standards. Finished 

goods containing HWPW-VC, HWPW-CC, PB, MDF, or thin MDF 

manufactured before the Phase 1 and Phase 2 effective dates 

specified in section 93120.2(a) may be sold, supplied, offered for sale, 

or used by retailers for up to eighteen months after each of the 

specified effective dates. The specific sell-through dates for the Phase 

1 and Phase 2 emission standards specified in section 93120.2(a) are 

as follows: 
42

 (A) Finished goods containing hardwood plywood made with a veneer 

core (HWPW-VC). 

1. Finished goods containing HWPW-VC that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale 

by retailers until June 30, 2010. Beginning July 1, 2010, 

finished goods containing HWPW-VC, sold, supplied, or offered 

for sale, must comply with the Phase 1 standard, regardless of 

the date that the product was fabricated. 

2. Finished goods containing HWPW-VC that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale 

by retailers until June 30, 2011. Beginning July 1, 2011, 

finished goods containing HWPW-VC, sold, supplied, or offered 

for sale, must comply with the Phase 2 standard, regardless of 

the date that the product was fabricated. 

 (B) Finished goods containing hardwood plywood made with a 

composite core (HWPW-CC). 

1. Finished goods containing HWPW-CC that does not comply 

with the Phase 1 standard may be sold, supplied, or offered for 

sale by retailers until December 31, 2010. Beginning 

January 1, 2011, finished goods containing HWPW-CC, sold, 

supplied, or offered for sale, must comply with the Phase 1 

standard, regardless of the date that the product was fabricated. 

2. Finished goods containing HWPW-CC that does not comply 

with the Phase 2 standard may be sold, supplied, or offered for 

sale by retailers until December 31, 2013. Beginning 

January 1, 2014, finished goods containing HWPW-CC, sold, 

supplied, or offered for sale, must comply with the Phase 2 

standard, regardless of the date that the product was fabricated. 

(C) Finished goods containing particleboard (PB) and/or medium 

density fiberboard (MDF). 

 

1. Finished goods containing PB and/or MDF that does not comply 

with the Phase 1 standard may be sold, supplied, or offered for 

sale by retailers until June 30, 2010. Beginning July 1, 2010, 

finished goods containing PB and/or MDF, sold, supplied, or 

offered for sale, must comply with the Phase 1 standard, 

regardless of the date that the product was fabricated. 

2. Finished goods containing PB and/or MDF that does not comply 

with the Phase 2 standard may be sold, supplied, or offered for 
43

sale by retailers until June 30, 2012. Beginning July 1, 2012, 

finished goods containing PB and/or MDF, sold, supplied, or 

offered for sale, must comply with the Phase 2 standard, 

regardless of the date that the product was fabricated. 

(D) Finished goods containing thin MDF. 

 

1. Finished goods containing thin MDF that does not comply with 

the Phase 1 standard may be sold, supplied, or offered for sale 

by 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, regardless of 

the date that the product was fabricated. 

2. Finished goods containing thin MDF that does not comply with 

the Phase 2 standard may be sold, supplied, or offered for sale 

by retailers until June 30, 2013. Beginning July 1, 2013, 

finished goods containing thin MDF, sold, supplied, or offered 

for sale, must comply with the Phase 2 standard, regardless of 

the date that the product was fabricated. 
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 composite wood 

products to ensure compliance with the applicable formaldehyde 

emission standards in section 93120.2(a). Manufacturers must 

demonstrate compliance with the emission standards by way of third 

party certification, and must comply with the quality assurance 

requirements contained in Appendix 2. The requirements of 

Appendix 2 do not apply to product types for manufacturers who have 

received ARB approval to use no-added formaldehyde based resins or 

ULEF resins that have been exempted from third party certification 

requirements for those product types, except for the purpose of 

applying for re-approval to continue to use no-added 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 quality control 

manual, establishment of a quality control function at the 

manufacturing plant (including testing equipment and designated 

quality control personnel), routine quality control procedures conducted 

at the plant, participation in periodic inspections and product testing by 

the third party certifying organization, and recordkeeping. These 

requirements are designed to ensure that certified unfinished (including 

sanded) composite wood products meet the applicable emission 

standards. Note: All panels must be tested in an unfinished condition, 

prior to application of a finishing or topcoat. 

(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 quality control manual, 

which shall, at a minimum, contain the following: 

(1) organizational structure of the quality control department; 

(2) sampling procedures; 

(3) method of handling samples; 

(4) frequency of small scale quality control testing; 
45

(5) procedures to identify changes in formaldehyde emissions resulting 

from production changes (e.g., increase in percentage of resin, 

increase in formaldehyde/urea molar ratio in the resin, or decrease in 

press time); 

(6) provisions for additional testing; 

(7) recordkeeping requirements; and 

(8) average percentage of resin and press time for each product type. 

(d) Quality Control Facilities.

 At each manufacturing plant or location designated by manufacturers 

with more than one manufacturing plant, laboratory facilities and 

equipment shall be provided and properly maintained as a quality 

control facility for conducting such tests as are required by Appendix 2. 

Alternatively, the quality control facility may be a contract laboratory or 

a laboratory operated by an approved third party certifier. Equipment 

shall be calibrated in accordance with the equipment manufacturer’s 

instructions. The original and any subsequent equipment calibration 

records shall be maintained. 

(e) Quality Control Personnel.

(1) Quality Control Manager 

Each plant shall have a person with adequate experience and/or 

training to be responsible for formaldehyde emission quality control. 

This person shall report to the plant manager and shall be identified to 

the third party certifier. The third party certifier shall be informed in 

writing within ten days of any change in his or her identity. The quality 

control manager shall review and approve all reports of routine small 

scale testing conducted on the plant’s production. If a manufacturer 

with one or more manufacturing plants uses a testing facility to test 

routine quality control production samples, the quality control manager 

shall be responsible for ensuring that the samples are collected, 

packaged, and shipped according to the procedures specified in the 

quality control manual. The plant quality control manager shall be 

responsible for working with the company’s testing facility to monitor 

results, and shall immediately inform the third party certifier by 

telephone, email, or FAX and by letter of any changes in production 

that require re-inspections as set forth in section 93120.12, 

Appendix 3. 

(2) Quality Control Employee 

Quality control employees shall have adequate experience and/or 

training to conduct accurate chemical quantitative analytical tests. The 
46

Quality Control Manager shall identify each person conducting routine 

small scale tests to the third party certifier. All quality control 

employees must be certified annually by the third party certifier for 

operation of the quality control test method. 

(3) Chemical Analysis Tests 

(A) Duplicate Analysis 

The manufacturer will contact the third party certifier to request 

certification of any quality control employee identified by the Quality 

Control Manager. The third party certifier or plant Quality Control 

Manager shall test one portion of a formaldehyde solution based on 

the manufacturer’s range in expected formaldehyde emissions; the 

employee to be certified shall test another portion of the same 

solution. The results of each test must be within a range of 

concentrations established by the third party certifier, to verify the 

correlation of the quality control test method. 

(B) Blind Samples 

The employee to be certified must determine the formaldehyde 

content of four sample solutions submitted to them by the third 

party certifier or plant Quality Control Manager. The formaldehyde 

content of the four sample solutions must be determined to be 

within a range of concentrations established by the third party 

certifier, to verify the correlation of the quality control test method. 

(f) Primary or Secondary Method Tests.

(1) Initial (Qualifying) Primary or Secondary Method Test 

 

Each product type, from each production line of each plant must be 

tested in a primary or secondary method testing chamber. The 

laboratory operating the chamber must be accredited by an 

accreditation body that is a signatory to the International Laboratory 

Accreditation Cooperation Mutual Recognition Arrangement (ILAC, 

2000). The formaldehyde test methods used by the laboratory must be 

stated in its scope of accreditation. For the purpose of a qualifying test 

and with approval of the third party certifier, a manufacturer may group 

two or more product types together if they have similar emission 

characteristics. If a plant elects to have all or multiple products 

represented by a single product type, an initial qualification test failure 

by that representative product will cause certification to lapse on all 

other products represented. The emissions from each product type 

from each production line must not exceed the applicable standard. 
47

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

Values 

In order to qualify for certification, the manufacturer must establish a 

statistical correlation between values obtained from the primary or 

secondary test method and the values from the small scale tests for 

each product type and production line. For purposes of establishing 

this correlation, data for products from the manufacturer’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 pairs. 

(3) Subsequent (Verifying) Primary or Secondary Method Tests 

(A) Quarterly Chamber Test 

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

At least quarterly, a primary or secondary method test shall be 

conducted on randomly selected samples of each product type, 

as determined by the third party certifier. Manufacturers that 

use ULEF resins and have received ARB approval under 

section 93120.3(d)(1) need only have primary or secondary 

method tests conducted every six months. For the purpose of a 

verifying primary or secondary method test, a manufacturer may 

group two or more product types together if they have similar 

emission characteristics. If a plant elects to have all or multiple 

products represented by a single product type, a quarterly 

qualification test failure by that representative product will cause 

certification to lapse on all other products represented. The 

emissions from each product type must not exceed the 

applicable standard. 

 

2. Hardwood Plywood (HWPW) 

At least quarterly, a primary or secondary method test shall be 

conducted on randomly selected samples of the HWPW product 

determined by the third party certifier, after review of routine 

weekly quality control data, to have the highest potential to emit 

formaldehyde. Manufacturers that use ULEF resins and have 

received ARB approval under section 93120.3(d)(1) need only 

have primary or secondary method tests conducted every six 

months. For the purpose of a verifying primary or secondary 

method test, a manufacturer may choose to group two or more 

product types together if they have similar emission 

characteristics. If a plant elects to have all or multiple products 
48

represented by a single product type, a quarterly qualification 

test failure by that representative product will cause certification 

to lapse on all other products represented. The emissions from 

each product type must not exceed the applicable standard. 

(B) Failure of a Primary or Secondary Method Test 

1. Exceedance of standards 

If the emission value obtained during a subsequent (verifying) 

primary or secondary method test exceeds the applicable 

standard, the tested product will be in violation of section 

93120.2(a) and certification of that product type will be 

suspended until re-qualification. In such an event, the third 

party certifier is required to notify the manufacturer and ARB. If 

primary or secondary method and small scale test results on the 

same product differ, the primary or secondary method result 

shall be considered the benchmark value. 

Manufacturers must submit the last month of quality control 

testing data to the third party certifier, for verification that the 

quality control limit (QCL) or shipping QCL (if applicable) reflects 

an accurate correlation between the primary or secondary 

method and the plant’s quality control tests. 

2. Re-qualification 

Should an exceedance occur, plant production of that product 

type may be reinstated only upon successful completion of 

another primary or secondary method test. The re-qualification 

primary or secondary method test must be conducted on the 

same product type as that which failed during the verifying test. 

3. Disposition of Failed Lot 

The manufacturer may obtain certification of a lot which has 

failed the primary or secondary method test if the manufacturer 

can demonstrate to the satisfaction of third party certifier that: 

(1) each panel is treated with a scavenger or handled by other 

means of reducing formaldehyde emissions (e.g., aging); and 

(2) panels randomly selected from the treated panels are tested 

under and pass the primary or secondary method test within six 

weeks of the initial determination of a failed lot.
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 emission standard. 

Alternatively, the quality control tests may be a conducted by a 

contract laboratory or a laboratory operated by an approved third party 

certifier. Unless prior notice is given, all lots of each product type 

being certified for compliance at each plant will be tested, with each 

lot’s small scale quality control tests reported to the certifier. 

(1) Approved Small Scale Test Methods 

The following small scale tests may be used as quality 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 subsection (g)(2) 

and are approved by the Executive Officer. 

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

Tests 

Each plant’s quality control test results must be shown to correlate to 

primary or secondary method test results. The correlation 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 determine if a statistically 

significant change has occurred. If a change is noted, a new 

correlation curve will be established for the manufacturer by the 

certifier. 

(3) Quality Control Limit 

Manufacturers will work with their third party certifier to establish a 

Quality Control Limit (QCL) at each manufacturer’s plant for each 

product type and production line. The QCL is the value for any 

approved small scale quality control test which is based on the 

correlative equivalent to the value in a primary or secondary method 

test permitted by the applicable standard. In addition to the QCL, an 

excursion limit shall be established to account for process and testing 

variation to keep the product’s emissions from exceeding the 
50

applicable standard. In the event that a manufacturer produces 

product lots that consistently exceed the applicable QCL, based on 

exceedance criteria established by the third party certifier, the certifier 

shall be notified promptly. 

(4) Basic Testing Frequency 

(A) PB and MDF 

Manufacturers of PB and MDF must conduct routine small scale 

quality control tests at least once per shift (8 or 12 hours, plus or 

minus one hour of production) for each production line for each 

product type. Manufacturers of PB and MDF that use ULEF resins 

and have received ARB approval under section 93120.3(d) must 

conduct routine quality control tests at least weekly for each 

production line for each product type. Quality control samples shall 

be analyzed within a period of time specified in the manufacturer’s 

quality control manual to avoid distribution of non-complying lots. 

In addition, quality control tests must be performed whenever a 

product type production ends without reaching eight hours of 

production or whenever one of the following occurs: 

1. the resin formulation is changed so that the formaldehyde to 

urea ratio is increased; 

2. an increase by more than ten percent in the amount of 

formaldehyde resin used; 

3. a decrease in the designated press time by more than 20 

percent; or 

4. when the Quality Control Manager or Quality Control Employee 

has reason to believe that the panel being produced may not 

meet the requirements of the applicable standards. 

(B) Reduction in Testing Frequency for PB and MDF 

Testing frequency may be reduced to no less frequently than one 

test per 48-hour production period when the plant or production line 

demonstrates consistent operations and low variability of test 

values to the satisfaction of the third party certifier, based on criteria 

established by the certifier. Manufacturers must obtain advance 

written approval from the third party certifier and keep this written 

approval as part of the manufacturer record keeping requirements. 

(C) HWPW 

Manufacturers of HWPW must conduct routine small scale quality 

control tests on each product type and product line based on 
51

production at the plant. Quality control samples shall be analyzed 

within a period of time specified in the manufacturer’s quality 

control manual to avoid distribution of non-complying lots. Testing 

frequency shall be as follows: 

 

Weekly HWPW 

Production (sq. ft.) 

Minimum Number of Routine 

Tests/Week Per Product Type 

and Product Line 

Less than 200,000 1 

200,000 – 400,000 2 

Greater than 400,000 4 

 

(5) Non-complying Lots 

A “non-complying lot” is any lot that has a test value in excess of the 

applicable standard. Test results from all non-complying lots shall be 

maintained as required by the manufacturer’s recordkeeping 

requirements. For a non-complying lot to be certified, it must meet the 

requirements of subsections (g)(6) and (g)(7) below. 

(6) Disposition of Non-complying Lots 

A non-complying lot must be isolated from certified lots and the third 

party certifier must be notified. The non-complying lot cannot be 

certified unless it is determined to be in compliance by treating 

pursuant to subsection (g)(7) below and retesting pursuant to 

subsection (g)(8). If the manufacturer chooses not to certify, or is not 

able to certify a non-complying lot, the lot must not be labeled for sale 

in California. If the lot had already been labeled for sale in California, 

the label must be removed or obliterated. The original test value of 

that lot shall be maintained in the certification calculations for standard 

deviation and consecutive lots. Such lots shall be identified in the 

quality control chart. 

(7) Treatment of Non-complying Product 

Production which has failed the small scale test may be retested for 

certification if each panel is treated with a scavenger or handled by 

other means of reducing formaldehyde emissions (e.g., aging). 

(8) Small Scale Retesting 

The manufacturer may choose to retest a non-complying lot. When 

retesting a non-complying lot, the following criteria apply: 
52

(A) At least three test panels shall be selected from 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 must test at or below 

the QCL or shipping QCL. 

(D) In the event that a non-complying lot cannot be certified, the 

certifier shall be informed promptly in writing. 

(9) Shipping QCL 

 A manufacturer may choose to establish a Shipping QCL, defined the 

same way as is the QCL above in subsection (g)(3), but based on 

panels prior to shipment rather than immediately after manufacturing. 

If a manufacturer chooses to establish a Shipping QCL that is distinct 

from the QCL, the manufacturer shall work with their third party certifier 

to establish this limit. The procedures for handling lots that do not 

comply with the Shipping QCL, and the procedures for retesting of 

such lots, are identical to the procedures for lots that do not comply 

with the QCL, as described above in subsections (g)(5) through (g)(8). 

(10) Plant Reporting 

Each manufacturer shall maintain for a minimum of two years the 

product data reports for each plant, production line and product type, 

and shall submit copies to the certifier at least monthly. The reports 

shall include a data sheet for each specific product with test and 

production information, and a quality control graph containing: 

(A) QCL; 

(B) excursion limit; 

(C) shipping QCL (if applicable); 

(D) results of quality control tests; and 

(E) retest values. 
53

(h) Recordkeeping. 

 

Manufacturers shall maintain complete records documenting the 

following: 

(1) small scale test results, including testing frequency; 

(2) production sequence; 

(3) changes in the resin percentage for any product type, from levels set 

by the quality control manual, by more than ten percent (calculated on 

the basis of resin solids and oven dry wood weight of the face and core 

furnish, adjusted proportionately); 

(4) increases in the formaldehyde/urea mole ratio of the resin; 

(5) changes in press time by more than 20 percent for any product from 

the levels set in the plant quality control manual;

(6) testing of Quality Control Employees; 

(7) disposition of non-conforming products; 

(8) calibration of on-site primary or secondary test methods (if any); and 

(9) other records requested by the certifier under its discretion relating to 

section 93120.12, Appendix 3. 

These records shall be made readily available to the certifier. Records 

shall be retained for a minimum of 2 years in electronic or hard copy 

form. Records shall also be provided to ARB upon request. 
54

Appendix 3. Requirements for Third Party Certifiers of Composite Wood 

Products. 

(a) Purpose.

The purpose of Appendix 3 of section 93120.12 is to specify 

requirements for ARB-approved third party certifiers for their 

certification of composite wood products with regard to the 

formaldehyde emission standards specified in section 93120.2(a), and 

when applicable, product types for manufacturers who are applying for 

re-approval to continue to use no-added formaldehyde based resins as 

specified in section 93120.3(c) or ULEF resins as specified in section 

93120.3(d). 

(b) Overview of Third Party Certifier Requirements.

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

(A) Verify that manufacturers are complying with the quality assurance 

requirements specified in section 93120.12, Appendix 2. 

(B) Verify manufacturer small scale test results compared to primary or 

secondary method results. 

(C) Work with manufacturers to establish quality control, excursion, 

and, if applicable, shipping quality control limits for each product 

type and production line. In addition, certifiers will inform 

manufacturers of criteria that will be used to determine if product 

lots are consistently exceeding the applicable QCL, as specified in 

section 93120.12, Appendix 2, subsection (g)(3); and criteria the 

certifier will use to allow a reduction in testing frequency for PB and 

MDF, as specified in section 93120.12, Appendix 2, subsection 

(g)(4)(B). 

(D) Provide independent inspections and audits of manufacturers and 

records. 

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

number. 

(F) Use laboratories and primary or secondary methods for conducting 

testing that are certified by an accreditation body that is a signatory 

to the International Laboratory Accreditation Cooperation Mutual 

Recognition Arrangement (ILAC, 2000). The formaldehyde test 

methods used by the laboratory shall appear in its scope of 

accreditation. Each laboratory must be re-certified annually. Each 
55

laboratory must also participate in an interlaboratory testing 

comparison with laboratories using similar primary or secondary 

methods for the same composite wood products. Laboratories 

must participate in an interlaboratory comparison during the first 

year the laboratory is used by a third party certifier, followed by 

participation in interlaboratory comparisons every two years. 

(G) Maintain records in electronic or hard copy form for two years, for 

review by ARB upon request, on: 

1. manufacturers that have been certified, with designated 

identification codes (if any); 

2. results of inspections and tests conducted for each 

manufacturer; 

3. list of certified laboratories and primary or secondary test 

methods utilized by the third party certifier, including the test 

conditions, conditioning time, test results, and the types of 

composite wood products used to establish equivalence of a 

secondary method; 

4. correlations between small scale test results and primary or 

secondary method results by manufacturer; 

5. manufacturers of PB and MDF that were allowed to reduce their 

testing frequency, as specified in section 93120.12, Appendix 2, 

subsection (g)(4)(B); and 

6. the ARB Executive Order approving the third party certifier. 

 

(H) On or before March 1 of each year, provide an annual report to 

ARB for the previous calendar year that includes: 

1. manufacturers certified during the previous calendar year, 

including resins used by manufacturers, and the average and 

range in formaldehyde emissions by resin and product type; 

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 for 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 processes of each plant 

conform, or can be made to conform, to the requirements of section 

93120.12, Appendix 2. Initial plant qualification requirements include: 

(1) a written quality control manual approved by the third party certifier; 

(2) quality control facilities and personnel approved by the third party 

certifier; 

(3) passage of a primary or secondary method qualifying test(s); 

(4) routine small scale quality control test(s), approved by the third party 

certifier; 

(5) a procedure for selecting samples, approved by the third party certifier; 

and 

(6) correlation values between the routine small scale quality control 

test(s) and the primary or secondary method test(s) that are approved 

by the third party certifier. 

(d) Primary or Secondary Method Tests.

Third party certifiers shall work with manufacturers to ensure that the 

requirements of section 93120.12, Appendix 2, subsection (f), are 

complied with. 

(1) Sample Selection, Handling, and Shipping 

Primary or secondary method samples shall be randomly chosen from 

a single lot that is ready for shipment. Neither the top nor bottom 

composite wood products of a bundle shall be selected. The 

composite wood products must be dead-stacked or air tight wrapped 

between the time of sample selection and the start of test conditioning. 

Samples shall be promptly labeled, signed by the third party certifier, 

bundled air tight, wrapped in polyethylene, protected by cover sheets, 

and promptly shipped to the primary or secondary method testing 

facility. Conditioning shall begin as soon as possible, but not in excess 

of 30 days after production. At the plant’s option, a second sample set 

(a reserve set) may be selected, handled and shipped in the same 

manner as the original. 
57

(2) Additional (Verifying) Primary or Secondary Method Tests 

Additional primary or secondary method tests shall be conducted as 

soon as possible if the third party certifier determines that an additional 

primary or secondary method test is necessary to ensure compliance 

with the relevant standard. 

(3) Witnessing of Primary or Secondary Method Tests 

The third party certifier may, in its discretion, agree to witness primary 

or secondary method testing at a certified laboratory 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 did not exceed the 

limits specified in the primary or secondary method during the 

conditioning period. 

(B) Testing 

The third party certifier or the primary or secondary method 

operator under the certifier’s supervision shall take air samples and 

analyze them for formaldehyde according to the primary or 

secondary method. The results will be reported to the 

manufacturer and to the certifier. 

The primary or secondary method operator or certifier shall have 

the option of testing a second set of air samples to confirm a 

questionable test value. If a second set of air samples is taken, it 

must be taken within the time parameters defined in the primary or 

secondary method. 

If the second sample set of air specimens falls within a range of 

concentrations, established by the third party certifier, of the test 

values from the first sample set, the two values shall be averaged. 

If the test value from the second set of air samples varies more 

than the range of concentrations, established by the third party 

certifier, from the first, the primary or secondary method test shall 

be null and void. 
58

(C) Identification 

Upon completion of the test, the chamber used in the primary or 

secondary method test shall be opened and the certifier shall verify 

that the panels or samples inside are the proper test specimens. 

(e) Inspections by Third Party Certifier. 

(1) Purpose 

After a manufacturer has been verified by an ARB-approved third party 

certifier to report their products as being certified with the certifier’s 

ARB-assigned number, the certifier shall conduct periodic on-site 

inspections of the plant and production line where each certified 

product type is produced to ensure full compliance with the provisions 

of section 93120.12, Appendix 2, and the plant’s quality control manual 

and practices. ARB or local air district personnel may also conduct onsite inspections at the manufacturer to ensure compliance with the 

standards in section 93120.2(a). 

(2) Frequency 

Inspections shall occur at least once per quarter. 

(3) Inspection Procedures 

The certifier shall be given full cooperation by the composite wood 

manufacturer in all aspects of the inspection including, but not limited 

to, the following: 

 

(A) reviewing formaldehyde emission quality control records; 

(B) reviewing production records for press times and 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 employees; and 

(F) complete access to the Quality Control Manager and any quality 

control employee involved with formaldehyde certification. The 

certifier may be excluded from plant areas considered confidential, 

providing such exclusion does not prevent or hinder the certifier 

from performing the required duties. 

(4) Sample Selection and Testing Procedures 

The certifier may conduct a small scale test during his visit. One panel 

of a composite wood product to be certified shall be selected for a 
59

single test. The result of this test shall be entered into the record of 

test values maintained by the manufacturer. If the addition of this test 

value to the record causes the tested lot to be a non-complying lot, the 

lot shall be isolated and handled following the procedures for noncomplying lots in section 93120.12, Appendix 2. 

(5) Report of Findings 

 

Upon completion of the inspection, the certifier shall prepare findings in 

writing and review them with the Quality Control Manager or plant 

manager, if available. As soon as complete test data are available, the 

certifier shall provide a written report to the plant stating the test results 

and advising the plant of any deficiencies that must be corrected to 

maintain certification. 

(f) Re-Inspections. 

In the event that a manufacturer produces product lots that consistently 

exceed the applicable QCL, the certifier shall be notified promptly. The 

certifier may re-inspect or audit the plant at least once per month for a 

period of three months, before returning to the prior inspection 

frequency. The certifier may also require the manufacturer to 

demonstrate conformance to the requirements of initial plant 

qualification. 

(g) Confidentiality.

All information and documentation supplied by the manufacturer to the 

certifier pursuant to section 93120.12, Appendix 3, shall be considered 

confidential and shall not be disclosed by the certifier except as may 

be required by ARB. 

The certifier shall consider confidential any observations of equipment, 

process, techniques, or other matters known by the certifier to be 

considered proprietary by the manufacturer. 

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

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

41712, Health and Safety Code.