California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Appendix 3 - Requirements for Third Party Certifiers of Composite Wood Products

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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 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.
(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.
(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.
(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 on-site 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
						urea-formaldehyde 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 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 non-complying lots in
						section93120.12, 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.