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 › Section 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

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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
					 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.
1. New
						section filed 4-18-2008; operative 4-18-2008 pursuant to Government Code
						section
						11343.4
						(Register 2008, No. 16).
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.