State ofCalifornia AIR RESOURCES BOARD EXECUTIVE ORDERW-10-003 Relating to ARB Approval ofThird Party Certifiers under Section 93120.4, Title 17, California Code of Regulations 

### PFS Corporation 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) ofthe ATCM requires that manufacturers of composite wood products mustverify 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 conductformaldehyde emission tests; 2) monitor manufacturer quality assurance programs; and 3) provide independent audits and inspections; WHEREAS, section 93120.4 ofthe ATCM sets forth the processforthe ARB Executive Officerto approve third party certifiers; WHEREAS, section 93120.4(b)(1) ofthe 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 ofactual field experience in the verification of laboratories and wood products, to demonstrate how applicants will be able to competently perform the requirements forthird party certi'fiers of composite wood products listed in section 93120.12, Appendix 3, oftheATCM; 2) evidence ofthe ability to properly train and supervise inspectors; 3) evidence ofa current "product certification agency" accreditation; and 4) a list ofthe composite wood products that the applicant is applying to verify and evidence thatthe applicant is qualified to verify these products; WHEREAS, PFS Corporation (the "applicant") submitted an appHcation dated May 9,2008; WHEREAS, the application was deemed complete on May 23, 200.8; WHEREAS, section 93120.4(b)(4) ofthe ATCM provides thatthe Executive Officer shall approve the application and issue an Executive Order ifthe

PFS Corporation Executive OrderW-10-003

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evidence submitted by**th~** applicant is sufficientto demonstrate thatthe applicant .can competently perform the tasks specified in section 93120.12, Appendix 3, of the ATCM; WHEREAS, PFS Corporation was issued Executive OrderW-08-003, signed on June 5, 2008; WHEREAS, PFS Corporation submitted a request to ARB on January 29, 2010, for approval of Nanjing Wood-Based Panels Testing Center ofState Forestry Administration ofChina as a subcontractorthatwould provide accredited laboratory services for PFS Corporation; WHEREAS, the request and supplementary documentation submitted on March 23, 2010, indicated that PFS Corporation has a contractual agreement with Nanjing Wood-Based Panels Testing Center ofState Forestry Administration ofChina to**provid~** accredited laboratory services; WHEREAS, because ofthe applicant's request to add Nanjing Wood-Based Panels Testing Center ofState Forestry Administration ofChina as a subcontractorto provide accredited laboratory services, Executive Order W-08-003 was superseded by Executive OrderW-08-003A, signed on April 8, 2010; WHEREAS, PFS Corporation submitted an application for re-approval to ARB on June 7, 2010; WHEREAS, the application for re-approval from PFS Corporation was deemed complete on June 15, 2-010; WHEREAS, the Executive Officer approved PFS Corporation's request for reapproval, it is appropriate that Executive OrderW-08-003A be superseded by this Executive OrderW-10-003-; WHEREAS, the Executive Officerfinds thatthe evidence submitted by the applicant meets the criteria specified in section 93120.4(b)(4) oftheATCM; NOW, THEREFORE, IT IS ORDERED that PFS Corporation is hereby approved as a third -party certifier and is issued the following numberdesignating them .as an ARB-approved third party certifier: 

### TPC-3. BE IT FURTHER ORDERED that PFS Corporation is an ARB-approved th'ird party certifierforthe following composite wood products: Hardwood PlywoC?d, Particleboard, and Medium Density Fiberboard.

PFS Corporation Executive OrderW-10-003

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BE IT FURTHER ORDERED thatthis approval is subjectto the following conditions: 1. PFS Corporation must provide theirARB-approved third party certifier numberto each manufacturer it has subcontracted with for services, as specified in section 93120.12, Appendix 3, ofthe ATCM. 2. PFS Corporation and their subcontract laboratory listed in AttachmentA, must participate in an interlaboratory study oftheir primary and/or secondary chamberfacilities. 3. If PFS Corporation wishes to undertake accredited laboratory services, or use a subcontractor otherthan the one listed in Attachment A, then PFS Corporation must submit a request to the Executive Officer in writing and must provide evidenceto demonstrate that they ortheir subcontractor can competently perform the tasks for which it is employed. PFS Corporation shall not use a subcontractor otherthan that listed in AttachmentA, unless the Executive Officer approves the request in writing. 4. PFS Corporation shall immediately notify the Executive Officer ifany accreditation or certification provided in support oftheir initial or amended application is renewed, allowed to expire, or revoked within the duration of this Executive Order. BE IT FURT.HER ORDERED that this Executive OrderW-10-003 supersedes Executive OrderW-08-003A, which was issued on April 8, 2010. BE IT FURTHER ORDERED that this Executive Orderwill have a duration oftwo years from the date it is executed; within 120 days ofthe expiration ofthis 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 Orderas provided in section 93120.4(d) ofthe ATCM. The Executive Officer shall not modify or revoke this Executive Orderwithout affording the third party certifierthe" opportunityfor a hearing in accordance with the procedures specified in title 17, California Code of Regulations, section 60055.1 et seq. BE IT FURTHER ORDERED that the third party certifier must maintain records in electronic or hard copy form for two years, for review by ARB upon request, as specified in section 93120.12, Appendix 3, ofthe ATCM.

PFS Corporation Executive OrderW-10-0034

BE IT FURTHER ORDERED that on or before March 1 ofeach year, the third party certifier must provide an annual reportto ARB forthe previous calendar year, as specified in section 93120.12, Appendix 3, ofthe ATCM. BE IT FURTHER ORDERED thatthe·third party certifier must notify the Executive Officer in writing within 30 days ofany change in their ability to carry outthe responsibilities ofthis Executive Order. Executed at Sacramento, California

# this02/~ day of

# r 2010. 

# '

Janette M. Brooks, Chief Air Quality Measures Branch Stationary Source Division

PFSCorporation Executive OrderW-1 0-0035



### AttachmentA List of Subcontractors for PFS Corporation (TPC-3) Under Executive OrderW-10-003
Company Name Company Contact Information Subcontractor Function

Nanjing WoodBased Panels 1.' Testing Centerof

State Forestry Administration of China NO.159 Longpan Road, College ofWood Science and Technology Nanjing Forestry University Jiangsu Province, P. R. China Accredited Laboratory Zip code: 210037 Tel: +86-25-85427522 Fax: +86-25-85427522 Contact: Helang Huang

PFS Corporation Executive OrderW-10-003