State of California
 

AIR RESOURCES BOARD
 

EXECUTIVE ORDER W-10-003
 

Relating to ARB Approval of Third 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) 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 certi'fiers 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, 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) of the ATCM provides that the Executive 

Officer shall approve the application and issue an Executive Order if the 

PFS Corporation Executive Order W-1 0-003 
2
 

evidence submitted by th~ applicant is sufficient to demonstrate that the applicant 

.can competently perform the tasks specified in section 93120.12, Appendix 3, of 

the ATCM; 

WHEREAS, PFS Corporation was issued Executive Order W-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 of State Forestry 

Administration of China as a subcontractor that would 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 of State Forestry Administration 

of China to provid~ accredited laboratory services; 

WHEREAS, because of the applicant's request to add Nanjing Wood-Based 

Panels Testing Center of State Forestry Administration of China as a 

subcontractor to provide accredited laboratory services, Executive Order 

W-08-003 was superseded by Executive Order W-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 Order W-08-003A be superseded by 

this Executive Order W-1 0-003-; 

WHEREAS, the Executive Officer finds that the evidence submitted by the 

applicant meets the criteria specified in section 93120.4(b)(4) of the ATCM; 

NOW, THEREFORE, IT IS ORDERED that PFS Corporation is hereby approved 

as a third -party certifier and is issued the following number designating them .as 

an ARB-approved third party certifier: TPC-3. 

BE IT FURTHER ORDERED that PFS Corporation is an ARB-approved th'ird 

party certifier for the following composite wood products: Hardwood PlywoC?d, 

Particleboard, and Medium Density Fiberboard. 

PFS Corporation Executive Order W-1 0-003 
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BE IT FURTHER ORDERED that this approval is subject to the following 

conditions: 

1.	 PFS Corporation 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.	 PFS Corporation and their subcontract laboratory listed in Attachment A, 

must participate in an interlaboratory study of their primary and/or 

secondary chamber facilities. 

3.	 If PFS Corporation wishes to undertake accredited laboratory services, or 

use a subcontractor other than the one listed in Attachment A, then PFS 

Corporation must submit a request to the Executive Officer in writing and 

must provide evidence to demonstrate that they or their subcontractor can 

competently perform the tasks for which it is employed. PFS Corporation 

shall not use a subcontractor other than that listed in Attachment A, unless 

the Executive Officer approves the request in writing. 

4.	 PFS Corporation shall immediately notify the Executive Officer if any 

accreditation or certification provided in support of their 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 Order W-08-003A, which was issued on April 8, 2010. 

BE IT FURTHER ORDERED that this Executive Order will 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 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, of the ATCM. 

PFS Corporation	 Executive Order W-1 0-003 
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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, of the ATCM. 

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

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

out the responsibilities of this Executive Order. 

Executed at Sacramento, California this02/~ day ofr '

2010.

Janette M. Brooks, Chief 

Air Quality Measures Branch 

Stationary Source Division 

PFSCorporation Executive Order W-1 0-003 
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Attachment A 

List of Subcontractors for PFS Corporation (TPC-3)
 

Under Executive Order W-10-003
 

Company Name Company Contact Information Subcontractor Function 

Nanjing WoodBased Panels 1.' 

Testing Center of 

State Forestry 

Administration of 

China 

NO.159 Longpan Road,
 

College of Wood 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 Order W-1 0-003