State of California
 

AIR RESOURCES BOARD
 

EXECUTIVE ORDER W-10-007
 

Relating to ARB Approval of Third Party Certifiers under
 

Section 93120.4, title 17, California Code of Regulations
 

TIMBERCO, Inc. (dba TECO)
 

WHEREAS, the Air Resources Board (ARB) has adopted the "Airborne Toxic 

Control Measure to Reduce Formaldehyde Emissions from Composite Wood 

Products" (the "ATCM"; title 17, California Code of Regulations, sections 

93120 - 93120.12), which establishes formaldehyde emission standards for 

composite wood products; 

WHEREAS, section 93120.3(b) of the ATCM requires that manufacturers of 

composite wood products must verify compliance with the formaldehyde 

emission standards by using a third party certifier approved by ARB; 

WHEREAS, the ATCM requires third party certifiers to: 1) verify the accuracy of 

the emission test procedures and facilities used by composite wood product 

manufacturers to conduct formaldehyde emission tests; 2) monitor manufacturer 

quality assurance programs; and 3) provide independent audits and inspections; 

WHEREAS, section 93120.4 of the ATCM sets forth the process for the ARB 

Executive Officer to approve third party certifiers; 

WHEREAS, section 93120.4(b)(1) of the ATCM requires that applications to 

become ARB-approved third party certifiers must be submitted to the Executive 

Officer in writing and must contain: 1) evidence of actual field experience in the 

verification of laboratories and wood products, to demonstrate how applicants will 

be able to competently perform the requirements for third party certifiers of 

composite wood products listed in section 93120.12, Appendix 3, of the ATCM; 

2) evidence of the ability to properly train and supervise inspectors; 3) evidence 

of a current "product certification agency" accreditation; and 4) a list of the 

composite wood products that the applicant is applying to verify and evidence 

that the applicant is qualified to verify these products; 

WHEREAS, TIMBERCO, Inc. (dba TECO) ("TECO" or the "applicant") submitted 

an original application dated June 17, 2008, and deemed complete on 

June 25, 2008; 

IEGO Executive Order W-1 0-007 
2
 

WHEREAS, the original application indicated that the applicant had a contractual 

agreement with the subcontractor, Advanced Testing Services, to provide 

, accredited laboratory services; 

WHEREAS, TECO was issued Executive Order W-08-007, signed on
 

July 18, 2008;
 

WHEREAS, section 93120.4(b)(4) of the ATCM allows ARB-approved third party 

certifiers to apply for re-approval by ARB by submitting an updated 'application; 

WHEREAS, TECO submitted an updated application for re-approval to ARB on 

June 22, 2010; 

WHEREAS, the updated application for re-approval from TECO was deemed
 

complete on July 14, 2010;
 

WHEREAS, the Executive Officer finds that the completed updated application
 

demonstrated the third party certifier's ability to continue to comply with
 

section 93120.4(b)(1);
 

WHEREAS, the Executive Officer approved TECO's re,quest for re-approval, and 

it is appropriate that Executive Order W-08-007 be superseded by this 

Executive Order W-1 0-007; 

NOW, THEREFORE, IT IS ORDERED that TECO is hereby approved as a third 

party certifier and is issued the following number designating them as an ARBapproved third party certifier: TPC-7. 

BE IT FURTHER ORDERED that TECO is an ARB-approved third party certifier 

for the following composite wood products: Hardwood Plywood, Particleboard, 

and Medium Density Fiberboard. 

BE IT FURTHER ORDERED that thi,s approval is subject to the following
 

conditions:
 

1.	 TECO must provide their ARB-approved third party certifier number to 

each manufacturer it has subcontracted with for services, as specified in 

section 93120.12, Appendix 3, of the ATCM. 

2.	 TECO and their subcontract laboratory listed in Attachment A, must 

participate in an inter-laboratory study of their primary and/or secondary 

chamber facilities. 

3.	 To carry out their functions as a third party certifier under this Executive 

Order, TECO must not use any subcontractor other than that listed in 

Attachment A. If TECO wishes to use a subcontractor that is not listed in 

TECO Executive Order W-1 0-007 
3 

Attachment A, TECO must submit a request to the Executive Officer in
 

writing and must provide evidence to demonstrate that the subcontractor
 

can competently peJform the tasks for which it is employed. TECO must
 

not use any subcontractor unless the Executive Officer approves the
 

request in writing.
 

4.	 TECO must immediately notify the Executive Officer if any accreditation or
 

certification provided in support of their initial application is renewed,
 

allowed to expire, or revoked within the duration of this Executive Order.
 

BE IT FURTHER ORDERED that this Executive Order W-1 0-007 supersedes 

Executive Order W-08-007, which was issued on July 18,2008; 

BE IT FURTHER ORDERED that this Executive Order shall have a duration of 

two years from the date it is executed; within 120 days of the expiration of this 

Executive Order, the third party certifier may apply for re-approval by submitting 

an updated application to the Executive Officer as provided in section 93120.4 of 

the ATCM. 

BE IT FURTHER ORDERED that the Executive Officer may review and, for good 

cause, modify or revoke this Executive Order as provided in section 93120.4(d) 

of the ATCM. The Executive Officer shall not modify or revoke this Executive 

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

accordance with the procedures specified in title 17, California Co'de of 

Regulations, section 60055.1 et seq. 

BE IT FURTHER ORDERED that the third party certifier must maintain records in 

electronic or hard copy form for two years, for review by ARB upon request, as 

specified in section 93120.12, Appendix 3, of the ATCM. 

BE IT FURTHER ORDERED that on or before March 1 of each year, the third 

party certifier must provide an annual report to ARB for the previous·calendar 

year, as specified in section 93120.12, Appendix 3, oftheATCM. 

BE IT FURTHER ORDERED that the third party certifier must notify the 

Executive Officer in writing within 30 days of any change in their ability to carry 

out the responsibilities of this Executive Order. 

Executed at Sacramento, California this 17.ftrjay of , 2010. 

~.r:~

Janette M. Brooks, Chief 

Air Quality Measures Branch 

Stationary Source Division 

TECO	 Executive Order W-1 0-007 
4 

Attachment A
 

Subcontractors enlisted by TEeo
 

Executive Order W-1 0-007
 

Company Name Company Contact Information Subcontractor Function 

Advanced Testing Services 

Advanced 

Testing Services 

61 0 South Second Street 

Springfield, Oregon Accredited Laboratory 

Telephone: (541) 744-3649 

TEeo Executive Order W-1 0-007