Cal. Code Regs. Tit. 17, § 93120.3 - Requirements for Manufacturers of Hardwood Plywood (HWPW), Particleboard (PB), and Medium Density Fiberboard (MDF)

(a) Emission Standards. All manufacturers of HWPW, PB, and MDF must comply with the requirements of section 93120.2(a). Except as provided in the "sell-through" provisions in Appendix 1 of section 93120.12, all HWPW, PB, and MDF sold, supplied, or offered for sale on or after the effective dates specified in section 93120.2(a) must comply with the emission standards specified in section 93120.2(a).

(b) Third Party Certification. For manufacturers of HWPW, PB, and MDF using resins that contain formaldehyde, compliance with the emission standards specified in section 93120.2(a) must be verified by using a third party certifier approved by ARB under section 93120.4. These manufacturers must also comply with the quality assurance requirements specified in Appendix 2 of section 93120.12.

(c) Special Provisions for Manufacturers of HWPW, PB, and MDF with No-Added Formaldehyde Based Resins.

(1) Upon written approval of the Executive Officer, manufacturers of HWPW, PB, and MDF who plan to use no-added formaldehyde based resins are not required to comply with section 93120.3(b). To apply for ARB approval, manufacturers must submit the following information to the Executive Officer: (A) a statement indicating which product types will be manufactured using no-added formaldehyde based resins for sale in California; (B) the chemical formulation of the candidate no-added formaldehyde based resins, including base resins, catalysts, and other additives as used in manufacturing; (C) the name of the ARB approved third party certifier; and (D) data on the emissions performance of the candidate no-added formaldehyde based resins. These data must be obtained by working with an ARB approved third party certifier and must include three months of routine quality control testing data, the correlation of the routine quality control testing data to primary or secondary method testing data, and the results of one primary or secondary method test, as required in Appendix 2 of section 93120.12. Ninety percent of the three months of routine quality control testing data and the results of the one primary or secondary method test must be shown to be no higher than 0.04 ppm. In addition, all data must be shown to be no higher than 0.05 ppm for HWPW and 0.06 ppm for PB, MDF, and thin MDF.

(2) Within 45 days after receiving an application from a manufacturer, the Executive Officer shall inform the applicant, in writing, either that the application is complete and accepted for filing, or that the application is deficient and shall identify the specific information required to make the application complete.

(3) Within 30 days of receiving additional information provided in response to a determination by the Executive Officer that an application is deficient, the Executive Officer shall inform the applicant, in writing, either that the new information is sufficient to make the application complete and that the application is accepted for filing, or that the application is deficient and shall identify the specific information required to make the application complete.

(4) Within 90 days after an application has been deemed complete, the Executive Officer shall act to approve or disapprove the application. The Executive Officer shall issue an Executive Order approving the application if the evidence submitted by the applicant is sufficient to demonstrate that the applicant has met the requirements of section93120.3(c)(1). The approval shall have a duration of two years, and the manufacturer may apply for re-approval as provided in this section. An application for re-approval must include results of at least one primary or secondary method test for each product type based on a panel or set of panels randomly selected and tested by an ARB approved third party certifier, and the chemical formulation of the no-added formaldehyde based resins.

(5) The Executive Officer may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. The applicant and the Executive Officer may mutually agree to longer time periods for determining whether an application is complete, or for approving or disapproving an application.

(6) If the manufacturer decides to change to formaldehyde based resins, ARB must be notified in advance and the manufacturer must comply with the requirements of section 93120.3(b) for that product type.

(d) Special Provisions for Manufacturers of HWPW, PB and MDF with Ultra-Low-Emitting Formaldehyde (ULEF) Resins.

(1) Upon written approval of the Executive Officer, manufacturers of HWPW, PB, and MDF who plan to use ultra-low-emitting formaldehyde (ULEF) resins may test their products less frequently than otherwise required. The testing frequency for manufacturers using ULEF resins is specified in Appendix 2 of section 93120.12. To apply for ARB approval, manufacturers must submit the following information to the Executive Officer: (A) a statement indicating which product types will be manufactured with ULEF resins for sale in California; (B) the chemical formulation of the candidate ULEF resins, including base resins, scavenger resins, scavenger additives, catalysts, and other additives as used in manufacturing; (C) the name of the ARB approved third party certifier; and (D) data on the emissions performance of the candidate ULEF resins to demonstrate that panels manufactured with these resins can consistently achieve the following: (1.) for HWPW, the Phase 2 emission standards specified in section 93120.2(a); or

(2.) for PB and MDF, the emission values in Table 2. These data must be obtained by working with an ARB approved third party certifier and must include six months of routine quality control testing data, the correlation of the routine quality control testing data to primary or secondary method testing data, and the results of two quarterly primary or secondary method tests, as required by Appendix 2 of section 93120.12. For HWPW, in order to qualify for approval to test any product type less frequently, the results of the six months of routine quality control testing data and the two quarterly primary or secondary method tests must all be shown to be no higher than the Phase 2 emission standards. For PB and MDF, in order to qualify for approval to test any product type less frequently, ninety percent of the six months of routine quality control testing data and the results of the two quarterly primary or secondary method tests must be shown to be no higher than the ULEF-target value listed in Table 2, and all data must be shown to be no higher than the ULEF-cap value listed in Table 2.

Table 2

Ultra-Low-Emitting Formaldehyde (ULEF) Resin Emission Target and Cap Values (in ppm) for Particleboard (PB) and Medium Density Fiberboard (MDF)¹

_
PB	MDF	Thin MDF
_
ULEF-target	0.05	0.06	0.08
_
ULEF-cap	0.08	0.09	0.11
_

⁽¹⁾ Concentrations must be based on correlations with the primary or secondary test method in parts per million (ppm). Concentrations must be based on correlations with the primary or secondary test method in parts per million (ppm).

(2) Upon written approval of the Executive Officer, manufacturers of HWPW, PB, MDF, and thin MDF may qualify their product types for an exemption from third party certification. To qualify for an exemption from third party certification for a product type, ninety percent of six months of routine quality control testing data and the results of two quarterly primary or secondary method tests must be shown to be no higher than a ULEF-target value of 0.04 ppm. All data must be shown to be no higher than a ULEF-cap value of 0.05 ppm for HWPW and 0.06 ppm for PB, MDF, and thin MDF. All other requirements of section 93120.3(d)(1) apply. Manufacturers who have been exempted from third party certification do not need to comply with the requirements of Appendix 2 of section 93120.12.

(3) Within 45 days after receiving an application from a manufacturer, the Executive Officer shall inform the applicant, in writing, either that the application is complete and accepted for filing, or that the application is deficient and shall identify the specific information required to make the application complete.

(4) Within 30 days of receiving additional information provided in response to a determination by the Executive Officer that an application is deficient, the Executive Officer shall inform the applicant, in writing, either that the new information is sufficient to make the application complete and that the application is accepted for filing, or that the application is deficient and shall identify the specific information required to make the application complete.

(5) Within 90 days after an application has been deemed complete, the Executive Officer shall act to approve or disapprove the application. The Executive Officer shall issue an Executive Order approving the application if the evidence submitted by the applicant is sufficient to demonstrate that the applicant has met the requirements specified in section93120.3(d)(1) or (d)(2). The approval shall have a duration of two years, and the manufacturer may apply for re-approval as provided in this section. An application for re-approval must include the results of at least two primary or secondary method tests for each product type based on panels randomly selected and tested by an ARB approved third party certifier, and the chemical formulation of the ULEF resins.

(6) The Executive Officer may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application. The applicant and the Executive Officer may mutually agree to longer time periods for determining whether an application is complete, or for approving or disapproving an application.

(7) If the manufacturer decides to change resin systems, ARB must be notified in advance and the manufacturer must comply with the requirements of section 93120.3(b) for that product type.

(e) Product Labeling Requirements. Each panel or bundle of composite wood products must be clearly labeled to indicate compliance with the emission standards specified in section 93120.2(a). The label shall include, at a minimum, all of the following information:

(1) Manufacturer name;

(2) Product lot number or batch produced;

(3) A marking to denote that the composite wood product complies with the applicable Phase 1 or 2 emission standards specified in section 93120.2(a) or was made using ULEF resins or no-added formaldehyde based resins; and

(4) The ARB assigned number of the approved third party certifier. This requirement does not apply to manufacturers using no-added formaldehyde based resins that have obtained ARB approval as provided in section 93120.3(c) or products manufactured using ULEF resins as provided in section 93120.3(d)(2).

(f) Statement of compliance. For each composite wood product, the manufacturer must include on the bill of lading or invoice: (1) the ARB assigned number of the approved third party certifier, if applicable; and (2) a statement that the composite wood products comply with the applicable Phase 1 or Phase 2 emission standard specified in section 93120.2(a) and, if applicable, were made using ULEF resins or no-added formaldehyde based resins.

(g) Recordkeeping Requirements for Manufacturers of Hardwood Plywood (HWPW), Particleboard (PB), and Medium Density Fiberboard (MDF).

(1) Beginning January 1, 2009 for manufacturers of HWPW-VC, PB, MDF, and thin MDF and July 1, 2009 for manufacturers of HWPW-CC, manufacturers must keep records of their quality assurance emissions test data for each product as provided in Appendix 2 of section 93120.12. Manufacturers using no-added formaldehyde based resins that have obtained ARB approval under section 93120.3(c) must keep documentation to demonstrate ARB approval to use no-added formaldehyde based resins. Manufacturers that have obtained ARB approval under section 93120.3(d) to use ULEF resins must keep documentation to demonstrate that ARB approval has been obtained. Records must be kept in either electronic or hard copy form for a period of two years.

(2) For every composite wood product produced for sale in California, manufacturers must maintain records at their production facilities for a period of two years, including:

(A) Tracking information to allow each composite wood product produced to be traced to a specific lot number or batch produced;

(B) Product information (including description of the composite wood product, date of manufacture, and lot/batch number);

(C) Purchaser information (including purchaser's name, contact person, address, phone number, purchase order or invoice number, and amount purchased), if applicable;

(D) Product transporter information (including delivery company name, contact person, address, phone number, and shipping invoice number), if applicable;

(E) Identification of the ARB approved third party certifier (including company name, contact person, phone number, mailing and email address); this subsection (E) does not apply to products manufactured with no-added formaldehyde based resins as specified under section93120.3(c)(1) or products manufactured with ULEF resins as specified under section 93120.3(d)(2); and

(F) Manufacturers of HWPW, PB, and MDF using no-added formaldehyde based resins or ULEF resins must maintain records on an ongoing basis for each composite wood product produced, including:

1. The ARB approval letter as specified in section93120.3(c) or (d);

2. Amount of resin use reported by volume and weight;

3. Production volume reported as square feet per product type;

4. Resin trade name, resin manufacturer contact information, and resin supplier contact information;

5. Changes in press time by more than 20 percent for any product type; and

6. Changes in the formulation of the no-added formaldehyde based resins or ULEF resins.

(3) Records must be kept on the disposition of non-complying lots or batches of composite wood products. These records shall include: product type and amount of composite wood products affected, lot or batch numbers, measures taken to mitigate the non-complying composite wood products, results of retesting, and final disposition of the lots or batches of composite wood products.

(4) All records required by this section shall be made available to ARB or local air district personnel upon request.

(h) Facility inspections. Each manufacturing plant may be inspected by third party certifiers as provided in Appendices 2 and 3 of section 93120.12. In addition, manufacturers may also 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 secured during an inspection are subject to testing using the enforcement test method specified in section 93120.9(b), to determine compliance with the applicable emission standards.

Notes

Cal. Code Regs. Tit. 17, § 93120.3

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.

1. New section filed 4-18-2008; operative 4-18-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 16).