1. (a) Sell-through Dates that Apply to Manufacturers of Hardwood Plywood (HWPW), Particleboard (PB), and Medium Density Fiberboard (MDF).

   1. (1) Sell-through by Manufacturers of Hardwood Plywood, Particleboard, and Medium Density Fiberboard Manufactured Before the Effective Dates of the Phase 1 and Phase 2 Emission Standards. Hardwood plywood, particleboard, and medium density fiberboard manufactured before the Phase 1 and Phase 2 effective dates specified in section 93120.2(a) may be sold, supplied, or offered for sale by the product manufacturer for up to three months after each of the specified effective dates. The specific sell-through dates for the Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are as follows:

      1. (A) Hardwood plywood made with a veneer core (HWPW-VC).

         1. 1. Panels of HWPW-VC manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, or offered for sale by the product manufacturer until March 31, 2009. Beginning April 1, 2009, all HWPW-VC subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of HWPW-VC manufactured before January 1, 2010, that comply with the Phase 1 standard, but do not comply with the Phase 2 standard, may be sold, supplied, or offered for sale by the product manufacturer until March 31, 2010. Beginning April 1, 2010, all HWPW-VC subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

      2. (B) Hardwood plywood made with a composite core (HWPW-CC).

         1. 1. Panels of HWPW-CC manufactured before July 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, or offered for sale by the product manufacturer until September 30, 2009. Beginning October 1, 2009, all HWPW-CC subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of HWPW-CC manufactured before July 1, 2012, that comply with the Phase 1 standard, but do not comply with the Phase 2 standard, may be sold, supplied, or offered for sale by the product manufacturer until September 30, 2012. Beginning October 1, 2012, all HWPW-CC subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

      3. (C) Particleboard (PB), medium density fiberboard (MDF), and thin MDF.

         1. 1. Panels of PB, MDF, and thin MDF manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, or offered for sale by the product manufacturer until March 31, 2009. Beginning April 1, 2009, all PB, MDF, and thin MDF subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of PB and MDF manufactured before January 1, 2011, that comply with the Phase 1 standard, but do not comply with the Phase 2 standard, may be sold, supplied, or offered for sale by the product manufacturer until March 31, 2011. Beginning April 1, 2011, all PB and MDF subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.
         3. 3. Panels of thin MDF manufactured before January 1, 2012, that comply with the Phase 1 standard, but do not comply with the Phase 2 standard, may be sold, supplied, or offered for sale by the product manufacturer until March 31, 2012. Beginning April 1, 2012, all thin MDF subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

2. (b) Sell-through Dates that Apply to Distributors of HWPW, PB, and MDF.

   1. (1) Sell-through by Distributors of Hardwood Plywood, Particleboard, and Medium Density Fiberboard Manufactured Before the Effective Dates of the Phase 1 and Phase 2 Emission Standards. Hardwood plywood, particleboard, or medium density fiberboard manufactured before the Phase 1 and Phase 2 effective dates specified in section 93120.2(a) may be sold, supplied, or offered for sale by distributors for up to five months after each of the specified effective dates. The specific sell-through dates for each of the Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are as follows:

      1. (A) Hardwood plywood made with a veneer core (HWPW-VC).

         1. 1. Panels of HWPW-VC manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, offered for sale, or used by distributors until May 31, 2009. Beginning June 1, 2009, all HWPW-VC subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of HWPW-VC manufactured before January 1, 2010, that do not comply with the Phase 2 standard may be sold, supplied, offered for sale, or used by distributors until May 31, 2010. Beginning June 1, 2010, all HWPW-VC subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

      2. (B) Hardwood plywood made with a composite core (HWPW-CC).

         1. 1. Panels of HWPW-CC manufactured before July 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, offered for sale, or used by distributors until November 30, 2009. Beginning December 1, 2009, all HWPW-CC subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of HWPW-CC manufactured before July 1, 2012, that do not comply with the Phase 2 standard may be sold, supplied, offered for sale, or used by distributors until November 30, 2012. Beginning December 1, 2012, all HWPW-CC subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

      3. (C) Particleboard (PB) and medium density fiberboard (MDF).

         1. 1. Panels of PB and MDF manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, offered for sale, or used by distributors until May 31, 2009. Beginning June 1, 2009, all PB and MDF subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of PB and MDF manufactured before January 1, 2011, that do not comply with the Phase 2 standard may be sold, supplied, offered for sale, or used by distributors until May 31, 2011. Beginning June 1, 2011, all PB and MDF subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

      4. (D) Thin MDF.

         1. 1. Panels of thin MDF manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, offered for sale, or used by distributors until May 31, 2009. Beginning June 1, 2009, all thin MDF subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of thin MDF manufactured before January 1, 2012, that do not comply with the Phase 2 standard may be sold, supplied, offered for sale, or used by distributors until May 31, 2012. Beginning June 1, 2012, all thin MDF subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

   2. (2) Sell-through by Distributors of Finished Goods Containing Hardwood Plywood made with a Veneer Core (HWPW-VC), Hardwood Plywood made with a Composite Core (HWPW-CC), Particleboard (PB), Medium Density Fiberboard (MDF), or thin MDF Before the Effective Dates of the Phase 1 and Phase 2 Emission Standards. Finished goods containing HWPW-VC, HWPW-CC, PB, MDF, or thin MDF manufactured before the Phase 1 and Phase 2 effective dates specified in section 93120.2(a) may be sold, supplied, offered for sale by distributors for up to eighteen months after each of the specified effective dates. The specific sell-through dates for the Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are as follows:

      1. (A) Finished goods containing hardwood plywood made with a veneer core (HWPW-VC).

         1. 1. Finished goods containing HWPW-VC that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by distributors until June 30, 2010. Beginning July 1, 2010, finished goods containing HWPW-VC, sold, supplied, or offered for sale must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing HWPW-VC that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by distributors until June 30, 2011. Beginning July 1, 2011, finished goods containing HWPW-VC, sold, supplied, or offered for sale must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

      2. (B) Finished goods containing hardwood plywood made with a composite core (HWPW-CC).

         1. 1. Finished goods containing HWPW-CC that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by distributors until December 31, 2010. Beginning January 1, 2011, finished goods containing HWPW-CC, sold, supplied, or offered for sale must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing HWPW-CC that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by distributors until December 31, 2013. Beginning January 1, 2014, finished goods containing HWPW-CC, sold, supplied, or offered for sale must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

      3. (C) Finished goods containing particleboard (PB) and/or medium density fiberboard (MDF).

         1. 1. Finished goods containing PB and/or MDF that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by distributors until June 30, 2010. Beginning July 1, 2010, finished goods containing PB and/or MDF, sold, supplied, or offered for sale must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing PB and/or MDF that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by distributors until June 30, 2012. Beginning July 1, 2012, finished goods containing PB and/or MDF, sold, supplied, or offered for sale must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

      4. (D) Finished goods containing thin MDF.

         1. 1. Finished goods containing thin MDF that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by distributors until June 30, 2010. Beginning July 1, 2010, finished goods containing thin MDF, sold, supplied, or offered for sale must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing thin MDF that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by distributors until June 30, 2013. Beginning July 1, 2013, finished goods containing thin MDF, sold, supplied, or offered for sale must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

3. (c) Sell-through Dates that Apply to Importers of HWPW, PB, and MDF.

   1. (1) Sell-through by Importers of Hardwood Plywood (HWPW), Particleboard (PB), and Medium Density Fiberboard (MDF) Manufactured Before the Effective Dates of the Phase 1 and Phase 2 Emission Standards. Hardwood plywood, particleboard, or medium density fiberboard manufactured before the Phase 1 and Phase 2 effective dates specified in section 93120.2(a) may be sold, supplied, offered for sale, or used by importers for up to three months after each of the specified effective dates. The specific sell-through dates for the Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are as follows:

      1. (A) Hardwood plywood made with a veneer core (HWPW-VC).

         1. 1. Panels of HWPW-VC manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, offered for sale, or used by importers until March 31, 2009. Beginning April 1, 2009, all HWPW-VC subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of HWPW-VC manufactured before January 1, 2010, that do not comply with the Phase 2 standard may be sold, supplied, offered for sale, or used by importers until March 31, 2010. Beginning April 1, 2010, all HWPW-VC subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

      2. (B) Hardwood plywood made with a composite core (HWPW-CC).

         1. 1. Panels of HWPW-CC manufactured before July 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, offered for sale, or used by importers until September 30, 2009. Beginning October 1, 2009, all HWPW-CC subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of HWPW-CC manufactured before July 1, 2012, that do not comply with the Phase 2 standard may be sold, supplied, offered for sale, or used by importers until September 30, 2012. Beginning October 1, 2012, all HWPW-CC subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

      3. (C) Particleboard (PB) and medium density fiberboard (MDF).

         1. 1. Panels of PB and MDF manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, offered for sale, or used by importers until March 31, 2009. Beginning April 1, 2009, all PB and MDF subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of PB and MDF manufactured before January 1, 2011, that do not comply with the Phase 2 standard may be sold, supplied, offered for sale, or used by importers until March 31, 2011. Beginning April 1, 2011, all PB and MDF subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

      4. (D) Thin MDF.

         1. 1. Panels of thin MDF manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, offered for sale, or used by importers until March 31, 2009. Beginning April 1, 2009, all thin MDF subject to the Phase 1 standard must comply with this standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of thin MDF manufactured before January 1, 2012, that do not comply with the Phase 2 standard may be sold, supplied, offered for sale, or used by importers until March 31, 2012. Beginning April 1, 2012, all thin MDF subject to the Phase 2 standard must comply with this standard, regardless of the date on which the products were manufactured.

   2. (2) Sell-through by Importers of Finished Goods Containing Hardwood Plywood made with a Veneer Core (HWPW-VC), Hardwood Plywood made with a Composite Core (HWPW-CC), Particleboard (PB), Medium Density Fiberboard (MDF), or thin MDF Before the Effective Dates of the Phase 1 and Phase 2 Emission Standards. Finished goods containing HWPW-VC, HWPW-CC, PB, MDF, or thin MDF manufactured before the Phase 1 and Phase 2 effective dates specified in section 93120.2(a) may be sold, supplied, offered for sale by importers for up to eighteen months after each of the specified effective dates. The specific sell-through dates for the Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are as follows:

      1. (A) Finished goods containing hardwood plywood made with a veneer core (HWPW-VC).

         1. 1. Finished goods containing HWPW-VC that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by importers until June 30, 2010. Beginning July 1, 2010, finished goods containing HWPW-VC, sold, supplied, or offered for sale must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing HWPW-VC that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by importers until June 30, 2011. Beginning July 1, 2011, finished goods containing HWPW-VC, sold, supplied, or offered for sale must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

      2. (B) Finished goods containing hardwood plywood made with a composite core (HWPW-CC).

         1. 1. Finished goods containing HWPW-CC that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by importers until December 31, 2010. Beginning January 1, 2011, finished goods containing HWPW-CC, sold, supplied, or offered for sale must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing HWPW-CC that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by importers until December 31, 2013. Beginning January 1, 2014, finished goods containing HWPW-CC, sold, supplied, or offered for sale must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

      3. (C) Finished goods containing particleboard (PB) and/or medium density fiberboard (MDF).

         1. 1. Finished goods containing PB and/or MDF that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by importers until June 30, 2010. Beginning July 1, 2010, finished goods containing PB and/or MDF, sold, supplied, or offered for sale must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing PB and/or MDF that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by importers until June 30, 2012. Beginning July 1, 2012, finished goods containing PB and/or MDF, sold, supplied, or offered for sale must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

      4. (D) Finished goods containing thin MDF.

         1. 1. Finished goods containing thin MDF that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by importers until June 30, 2010. Beginning July 1, 2010, finished goods containing thin MDF, sold, supplied, or offered for sale must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing thin MDF that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by importers until June 30, 2013. Beginning July 1, 2013, finished goods containing thin MDF, sold, supplied, or offered for sale must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

4. (d) Sell-through Dates that Apply to Fabricators Using HWPW, PB, and MDF.

   1. (1) Sell-through by Fabricators of Finished Goods Produced Before the Effective Dates of the Phase 1 and Phase 2 Emission Standards. Finished goods containing HWPW-VC, HWPW-CC, PB, MDF, or thin MDF that does not comply with the Phase 1 and Phase 2 effective dates specified in section 93120.2(a) may be used, sold, supplied, offered for sale by fabricators for up to eighteen months after each of the specified effective dates. The specific sell-through dates for the Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are as follows:

      1. (A) Finished goods containing hardwood plywood made with a veneer core (HWPW-VC).

         1. 1. Finished goods made with HWPW-VC that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by fabricators until June 30, 2010. Beginning July 1, 2010, all finished goods sold, supplied, or offered for sale must be made with HWPW-VC that complies with the Phase 1 standard, regardless of the date that the finished good was fabricated.
         2. 2. Finished goods made with HWPW-VC that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by fabricators until June 30, 2011. Beginning July 1, 2011, all finished goods sold, supplied, or offered for sale must be made with HWPW-VC that complies with the Phase 2 standard, regardless of the date that the finished good was fabricated.

      2. (B) Finished goods containing hardwood plywood made with a composite core (HWPW-CC).

         1. 1. Finished goods made with HWPW-CC that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by fabricators until December 31, 2010. Beginning January 1, 2011, all finished goods sold, supplied, or offered for sale must be made with HWPW-CC that complies with the Phase 1 standard, regardless of the date that the finished good was fabricated.
         2. 2. Finished goods made with HWPW-CC that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by fabricators until December 31, 2013. Beginning January 1, 2014, all finished goods sold, supplied, or offered for sale must be made with HWPW-CC that complies with the Phase 2 standard, regardless of the date that the finished good was fabricated.

      3. (C) Finished goods containing particleboard (PB) and/or medium density fiberboard (MDF).

         1. 1. Finished goods made with PB and/or MDF that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by fabricators until June 30, 2010. Beginning July 1, 2010, all finished goods sold, supplied, or offered for sale must be made with PB and/or MDF that complies with the Phase 1 standard, regardless of the date that the finished good was fabricated.
         2. 2. Finished goods made with PB and/or MDF that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by fabricators until June 30, 2012. Beginning July 1, 2012, all finished goods sold, supplied, or offered for sale must be made with PB and/or MDF that complies with the Phase 2 standard, regardless of the date that the finished good was fabricated.

      4. (D) Finished goods containing thin MDF.

         1. 1. Finished goods made with thin MDF that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by fabricators until June 30, 2010. Beginning July 1, 2010, all finished goods sold, supplied, or offered for sale must be made with thin MDF that complies with the Phase 1 standard, regardless of the date that the finished good was fabricated.
         2. 2. Finished goods made with thin MDF that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by fabricators until June 30, 2013. Beginning July 1, 2013, all finished goods sold, supplied, or offered for sale must be made with thin MDF that complies with the Phase 2 standard, regardless of the date that the finished good was fabricated.

5. (e) Sell-through Dates that Apply to Retailers of HWPW, PB, and MDF.

   1. (1) Sell-through by Retailers of Hardwood Plywood made with a Veneer Core (HWPW-VC), Hardwood Plywood made with a Composite Core (HWPW-CC), Particleboard (PB), Medium Density Fiberboard (MDF), or thin MDF Panels Before the Effective Dates of the Phase 1 and Phase 2 Emission Standards. Hardwood plywood, particleboard, or medium density fiberboard panels manufactured before the Phase 1 and Phase 2 effective dates specified in section 93120.2(a) may be sold, supplied, or offered for sale by retailers for up to twelve months after each of the specified effective dates. The specific sell-through dates for the Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are as follows:

      1. (A) Hardwood plywood made with a veneer core (HWPW-VC).

         1. 1. Panels of HWPW-VC manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until December 31, 2009. Beginning January 1, 2010, all HWPW-VC, sold, supplied, or offered for sale, must comply with the Phase 1 standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of HWPW-VC manufactured before January 1, 2010, that do not comply with the Phase 2 standard may be sold, supplied, or offered for sale by retailers until December 31, 2010. Beginning January 1, 2011, all HWPW-VC, sold, supplied, or offered for sale, must comply with the Phase 2 standard, regardless of the date on which the products were manufactured.

      2. (B) Hardwood plywood made with a composite core (HWPW-CC).

         1. 1. Panels of HWPW-CC manufactured before July 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until June 30, 2010. Beginning July 1, 2010, all HWPW-CC, sold, supplied, or offered for sale, must comply with the Phase 1 standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of HWPW-CC manufactured before July 1, 2012, that do not comply with the Phase 2 standard may be sold, supplied, or offered for sale by retailers until June 30, 2013. Beginning July 1, 2013, all HWPW-CC, sold, supplied, or offered for sale, must comply with the Phase 2 standard, regardless of the date on which the products were manufactured.

      3. (C) Particleboard (PB) and/or medium density fiberboard (MDF).

         1. 1. Panels of PB or MDF manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until December 31, 2009. Beginning January 1, 2010, all PB or MDF, sold, supplied, or offered for sale, must comply with the Phase 1 standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of PB or MDF manufactured before January 1, 2011, that do not comply with the Phase 2 standard may be sold, supplied, or offered for sale by retailers until December 31, 2011. Beginning January 1, 2012, all PB or MDF, sold, supplied, or offered for sale, must comply with the Phase 2 standard, regardless of the date on which the products were manufactured.

      4. (D) Thin MDF.

         1. 1. Panels of thin MDF manufactured before January 1, 2009, that do not comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until December 31, 2009. Beginning January 1, 2010, all thin MDF, sold, supplied, or offered for sale, must comply with the Phase 1 standard, regardless of the date on which the products were manufactured.
         2. 2. Panels of thin MDF manufactured before January 1, 2012, that do not comply with the Phase 2 standard may be sold, supplied, or offered for sale by retailers until December 31, 2012. Beginning January 1, 2013, all thin MDF, sold, supplied, or offered for sale, must comply with the Phase 2 standard, regardless of the date on which the products were manufactured.

   2. (2) Sell-through by Retailers of Finished Goods Containing Hardwood Plywood made with a Veneer Core (HWPW-VC), Hardwood Plywood made with a Composite Core (HWPW-CC), Particleboard (PB), Medium Density Fiberboard (MDF), or thin MDF Before the Effective Dates of the Phase 1 and Phase 2 Emission Standards. Finished goods containing HWPW-VC, HWPW-CC, PB, MDF, or thin MDF manufactured before the Phase 1 and Phase 2 effective dates specified in section 93120.2(a) may be sold, supplied, offered for sale, or used by retailers for up to eighteen months after each of the specified effective dates. The specific sell-through dates for the Phase 1 and Phase 2 emission standards specified in section 93120.2(a) are as follows:

      1. (A) Finished goods containing hardwood plywood made with a veneer core (HWPW-VC).

         1. 1. Finished goods containing HWPW-VC that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until June 30, 2010. Beginning July 1, 2010, finished goods containing HWPW-VC, sold, supplied, or offered for sale, must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing HWPW-VC that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by retailers until June 30, 2011. Beginning July 1, 2011, finished goods containing HWPW-VC, sold, supplied, or offered for sale, must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

      2. (B) Finished goods containing hardwood plywood made with a composite core (HWPW-CC).

         1. 1. Finished goods containing HWPW-CC that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until December 31, 2010. Beginning January 1, 2011, finished goods containing HWPW-CC, sold, supplied, or offered for sale, must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing HWPW-CC that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by retailers until December 31, 2013. Beginning January 1, 2014, finished goods containing HWPW-CC, sold, supplied, or offered for sale, must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

      3. (C) Finished goods containing particleboard (PB) and/or medium density fiberboard (MDF).

         1. 1. Finished goods containing PB and/or MDF that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until June 30, 2010. Beginning July 1, 2010, finished goods containing PB and/or MDF, sold, supplied, or offered for sale, must comply with the Phase 1 standard, regardless of the date that the product was fabricated.
         2. 2. Finished goods containing PB and/or MDF that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by retailers until June 30, 2012. Beginning July 1, 2012, finished goods containing PB and/or MDF, sold, supplied, or offered for sale, must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

      4. (D) Finished goods containing thin MDF.

         1. 1. Finished goods containing thin MDF that does not comply with the Phase 1 standard may be sold, supplied, or offered for sale by retailers until June 30, 2010. Beginning July 1, 2010, finished goods containing thin MDF, sold, supplied, or offered for sale, must comply with the Phase 1 standard, regardless of the date that the product was fabricated.

         2. 2. Finished goods containing thin MDF that does not comply with the Phase 2 standard may be sold, supplied, or offered for sale by retailers until June 30, 2013. Beginning July 1, 2013, finished goods containing thin MDF, sold, supplied, or offered for sale, must comply with the Phase 2 standard, regardless of the date that the product was fabricated.

            Appendix 2. Quality Assurance Requirements for Manufacturers of Composite Wood Products.

6. (a) Purpose.

   The purpose of Appendix 2 of section 93120.12 is to provide quality assurance requirements for manufacturers of composite wood products to ensure compliance with the applicable formaldehyde emission standards in section 93120.2(a). Manufacturers must demonstrate compliance with the emission standards by way of third party certification, and must comply with the quality assurance requirements contained in Appendix 2. The requirements of Appendix 2 do not apply to product types for manufacturers who have received ARB approval to use no-added formaldehyde based resins or ULEF resins that have been exempted from third party certification requirements for those product types, except for the purpose of 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).

   Requirements are specified for: preparation of a quality control manual, establishment of a quality control function at the manufacturing plant (including testing equipment and designated quality control personnel), routine quality control procedures conducted at the plant, participation in periodic inspections and product testing by the third party certifying organization, and recordkeeping. These requirements are designed to ensure that certified unfinished (including sanded) composite wood products meet the applicable emission standards. Note: All panels must be tested in an unfinished condition, prior to application of a finishing or topcoat.

7. (b) Responsibility for Product Performance.

   The manufacturer is responsible for the performance of all certified products, including meeting the applicable standard(s) in section 93120.2(a) against which its products are certified.

8. (c) Quality Control Manual.

   1. (1) organizational structure of the quality control department;
   2. (2) sampling procedures;
   3. (3) method of handling samples;
   4. (4) frequency of small scale quality control testing;
   5. (5) procedures to identify changes in formaldehyde emissions resulting from production changes (e.g., increase in percentage of resin, increase in formaldehyde/urea molar ratio in the resin, or decrease in press time);
   6. (6) provisions for additional testing;
   7. (7) recordkeeping requirements; and
   8. (8) average percentage of resin and press time for each product type.

   Each manufacturing plant must have a written quality control manual, which shall, at a minimum, contain the following:

9. (d) Quality Control Facilities.

   At each manufacturing plant or location designated by manufacturers with more than one manufacturing plant, laboratory facilities and equipment shall be provided and properly maintained as a quality control facility for conducting such tests as are required by Appendix 2. Alternatively, the quality control facility may be a contract laboratory or a laboratory operated by an approved third party certifier. Equipment shall be calibrated in accordance with the equipment manufacturer's instructions. The original and any subsequent equipment calibration records shall be maintained.

10. (e) Quality Control Personnel.

    1. (1) Quality Control Manager

       Each plant shall have a person with adequate experience and/or training to be responsible for formaldehyde emission quality control. This person shall report to the plant manager and shall be identified to the third party certifier. The third party certifier shall be informed in writing within ten days of any change in his or her identity. The quality control manager shall review and approve all reports of routine small scale testing conducted on the plant's production. If a manufacturer with one or more manufacturing plants uses a testing facility to test routine quality control production samples, the quality control manager shall be responsible for ensuring that the samples are collected, packaged, and shipped according to the procedures specified in the quality control manual. The plant quality control manager shall be responsible for working with the company's testing facility to monitor results, and shall immediately inform the third party certifier by telephone, email, or FAX and by letter of any changes in production that require re-inspections as set forth in section 93120.12, Appendix 3.

    2. (2) Quality Control Employee

       Quality control employees shall have adequate experience and/or training to conduct accurate chemical quantitative analytical tests. The Quality Control Manager shall identify each person conducting routine small scale tests to the third party certifier. All quality control employees must be certified annually by the third party certifier for operation of the quality control test method.

    3. (3) Chemical Analysis Tests

       1. (A) Duplicate Analysis

          The manufacturer will contact the third party certifier to request certification of any quality control employee identified by the Quality Control Manager. The third party certifier or plant Quality Control Manager shall test one portion of a formaldehyde solution based on the manufacturer's range in expected formaldehyde emissions; the employee to be certified shall test another portion of the same solution. The results of each test must be within a range of concentrations established by the third party certifier, to verify the correlation of the quality control test method.

       2. (B) Blind Samples

          The employee to be certified must determine the formaldehyde content of four sample solutions submitted to them by the third party certifier or plant Quality Control Manager. The formaldehyde content of the four sample solutions must be determined to be within a range of concentrations established by the third party certifier, to verify the correlation of the quality control test method.

11. (f) Primary or Secondary Method Tests.

    1. (1) Initial (Qualifying) Primary or Secondary Method Test

       Each product type, from each production line of each plant must be tested in a primary or secondary method testing chamber. The laboratory operating the chamber must be accredited 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 must be stated in its scope of accreditation. For the purpose of a qualifying test and with approval of the third party certifier, a manufacturer may group two or more product types together if they have similar emission characteristics. If a plant elects to have all or multiple products represented by a single product type, an initial qualification test failure by that representative product will cause certification to lapse on all other products represented. The emissions from each product type from each production line must not exceed the applicable standard.

    2. (2) Correlation of Primary or Secondary Method and Small Scale Test Values

       In order to qualify for certification, the manufacturer must establish a statistical correlation between values obtained from the primary or secondary test method and the values from the small scale tests for each product type and production line. For purposes of establishing this correlation, data for products from the manufacturer's plant or data obtained by a third party certifier must be used. The correlation must be based on a minimum sample size of five data pairs.

    3. (3) Subsequent (Verifying) Primary or Secondary Method Tests

       1. (A) Quarterly Chamber Test

          1. 1. Particleboard (PB) and Medium Density Fiberboard (MDF)

             At least quarterly, a primary or secondary method test shall be conducted on randomly selected samples of each product type, as determined by the third party certifier. Manufacturers that use ULEF resins and have received ARB approval under section 93120.3(d)(1) need only have primary or secondary method tests conducted every six months. For the purpose of a verifying primary or secondary method test, a manufacturer may group two or more product types together if they have similar emission characteristics. If a plant elects to have all or multiple products represented by a single product type, a quarterly qualification test failure by that representative product will cause certification to lapse on all other products represented. The emissions from each product type must not exceed the applicable standard.

          2. 2. Hardwood Plywood (HWPW)

             At least quarterly, a primary or secondary method test shall be conducted on randomly selected samples of the HWPW product determined by the third party certifier, after review of routine weekly quality control data, to have the highest potential to emit formaldehyde. Manufacturers that use ULEF resins and have received ARB approval under section 93120.3(d)(1) need only have primary or secondary method tests conducted every six months. For the purpose of a verifying primary or secondary method test, a manufacturer may choose to group two or more product types together if they have similar emission characteristics. If a plant elects to have all or multiple products represented by a single product type, a quarterly qualification test failure by that representative product will cause certification to lapse on all other products represented. The emissions from each product type must not exceed the applicable standard.

       2. (B) Failure of a Primary or Secondary Method Test

          1. 1. Exceedance of standards

             If the emission value obtained during a subsequent (verifying) primary or secondary method test exceeds the applicable standard, the tested product will be in violation of section 93120.2(a) and certification of that product type will be suspended until re-qualification. In such an event, the third party certifier is required to notify the manufacturer and ARB. If primary or secondary method and small scale test results on the same product differ, the primary or secondary method result shall be considered the benchmark value.

             Manufacturers must submit the last month of quality control testing data to the third party certifier, for verification that the quality control limit (QCL) or shipping QCL (if applicable) reflects an accurate correlation between the primary or secondary method and the plant's quality control tests.

          2. 2. Re-qualification

             Should an exceedance occur, plant production of that product type may be reinstated only upon successful completion of another primary or secondary method test. The re-qualification primary or secondary method test must be conducted on the same product type as that which failed during the verifying test.

          3. 3. Disposition of Failed Lot

             The manufacturer may obtain certification of a lot which has failed the primary or secondary method test if the manufacturer can demonstrate to the satisfaction of third party certifier that: (1) each panel is treated with a scavenger or handled by other means of reducing formaldehyde emissions (e.g., aging); and (2) panels randomly selected from the treated panels are tested under and pass the primary or secondary method test within six weeks of the initial determination of a failed lot.

12. (g) Small Scale Quality Control Tests at Plant.

    1. (1) Approved Small Scale Test Methods

       1. (A) ASTM D 5582-00 (desiccator);
       2. (B) ASTM D 6007-02 (small chamber); and
       3. (C) alternative small scale tests that can be shown to correlate to the primary or secondary method tests as specified in subsection (g)(2) and are approved by the Executive Officer.

       The following small scale tests may be used as quality control test methods:

    2. (2) Correlation of Quality Control Tests with Primary or Secondary Method Tests

       Each plant's quality control test results must be shown to correlate to primary or secondary method test results. The correlation must be based on a minimum sample size of five data pairs. If data shows variation from the previously used correlation, the manufacturer shall work with the certifier to evaluate the data to determine if a statistically significant change has occurred. If a change is noted, a new correlation curve will be established for the manufacturer by the certifier.

    3. (3) Quality Control Limit

       Manufacturers will work with their third party certifier to establish a Quality Control Limit (QCL) at each manufacturer's plant for each product type and production line. The QCL is the value for any approved small scale quality control test which is based on the correlative equivalent to the value in a primary or secondary method test permitted by the applicable standard. In addition to the QCL, an excursion limit shall be established to account for process and testing variation to keep the product's emissions from exceeding the applicable standard. In the event that a manufacturer produces product lots that consistently exceed the applicable QCL, based on exceedance criteria established by the third party certifier, the certifier shall be notified promptly.

    4. (4) Basic Testing Frequency

       1. (A) PB and MDF

          1. 1. the resin formulation is changed so that the formaldehyde to urea ratio is increased;
          2. 2. an increase by more than ten percent in the amount of formaldehyde resin used;
          3. 3. a decrease in the designated press time by more than 20 percent; or
          4. 4. when the Quality Control Manager or Quality Control Employee has reason to believe that the panel being produced may not meet the requirements of the applicable standards.

          Manufacturers of PB and MDF must conduct routine small scale quality control tests at least once per shift (8 or 12 hours, plus or minus one hour of production) for each production line for each product type. Manufacturers of PB and MDF that use ULEF resins and have received ARB approval under section 93120.3(d) must conduct routine quality control tests at least weekly for each production line for each product type. Quality control samples shall be analyzed within a period of time specified in the manufacturer's quality control manual to avoid distribution of non-complying lots. In addition, quality control tests must be performed whenever a product type production ends without reaching eight hours of production or whenever one of the following occurs:

       2. (B) Reduction in Testing Frequency for PB and MDF

          Testing frequency may be reduced to no less frequently than one test per 48-hour production period when the plant or production line demonstrates consistent operations and low variability of test values to the satisfaction of the third party certifier, based on criteria established by the certifier. Manufacturers must obtain advance written approval from the third party certifier and keep this written approval as part of the manufacturer record keeping requirements.

       3. (C) HWPW

          Manufacturers of HWPW must conduct routine small scale quality control tests on each product type and product line based on production at the plant. Quality control samples shall be analyzed within a period of time specified in the manufacturer's quality control manual to avoid distribution of non-complying lots. Testing frequency shall be as follows:

          Weekly HWPW Production (sq. ft.)

          Minimum Number of Routine Tests/Week Per Product Type and Product Line

          Less than 200,000

          1

          200,000 - 400,000

          2

          Greater than 400,000

          4

    5. (5) Non-complying Lots

       A “non-complying lot” is any lot that has a test value in excess of the applicable standard. Test results from all non-complying lots shall be maintained as required by the manufacturer's recordkeeping requirements. For a non-complying lot to be certified, it must meet the requirements of subsections (g)(6) and (g)(7) below.

    6. (6) Disposition of Non-complying Lots

       A non-complying lot must be isolated from certified lots and the third party certifier must be notified. The non-complying lot cannot be certified unless it is determined to be in compliance by treating pursuant to subsection (g)(7) below and retesting pursuant to subsection (g)(8). If the manufacturer chooses not to certify, or is not able to certify a non-complying lot, the lot must not be labeled for sale in California. If the lot had already been labeled for sale in California, the label must be removed or obliterated. The original test value of that lot shall be maintained in the certification calculations for standard deviation and consecutive lots. Such lots shall be identified in the quality control chart.

    7. (7) Treatment of Non-complying Product

       Production which has failed the small scale test may be retested for certification if each panel is treated with a scavenger or handled by other means of reducing formaldehyde emissions (e.g., aging).

    8. (8) Small Scale Retesting

       1. (A) At least three test panels shall be selected from three separate bundles. They should be selected in such a manner that is representative of the entire lot. Each panel shall be tested by the plant's small scale quality control test.
       2. (B) Test samples shall not be selected from the top or bottom panels of a bundle.
       3. (C) The average of three representative samples must test at or below the QCL or shipping QCL.
       4. (D) In the event that a non-complying lot cannot be certified, the certifier shall be informed promptly in writing.

       The manufacturer may choose to retest a non-complying lot. When retesting a non-complying lot, the following criteria apply:

    9. (9) Shipping QCL

       A manufacturer may choose to establish a Shipping QCL, defined the same way as is the QCL above in subsection (g)(3), but based on panels prior to shipment rather than immediately after manufacturing. If a manufacturer chooses to establish a Shipping QCL that is distinct from the QCL, the manufacturer shall work with their third party certifier to establish this limit. The procedures for handling lots that do not comply with the Shipping QCL, and the procedures for retesting of such lots, are identical to the procedures for lots that do not comply with the QCL, as described above in subsections (g)(5) through (g)(8).

    10. (10) Plant Reporting

        1. (A) QCL;
        2. (B) excursion limit;
        3. (C) shipping QCL (if applicable);
        4. (D) results of quality control tests; and
        5. (E) retest values.

        Each manufacturer shall maintain for a minimum of two years the product data reports for each plant, production line and product type, and shall submit copies to the certifier at least monthly. The reports shall include a data sheet for each specific product with test and production information, and a quality control graph containing:

    Each manufacturing plant shall conduct small scale quality control tests for each product type and production line to ascertain that its certified panels do not exceed the applicable emission standard. Alternatively, the quality control tests may be a conducted by a contract laboratory or a laboratory operated by an approved third party certifier. Unless prior notice is given, all lots of each product type being certified for compliance at each plant will be tested, with each lot's small scale quality control tests reported to the certifier.

13. (h) Recordkeeping.

    1. (1) small scale test results, including testing frequency;
    2. (2) production sequence;
    3. (3) changes in the resin percentage for any product type, from levels set by the quality control manual, by more than ten percent (calculated on the basis of resin solids and oven dry wood weight of the face and core furnish, adjusted proportionately);
    4. (4) increases in the formaldehyde/urea mole ratio of the resin;
    5. (5) changes in press time by more than 20 percent for any product from the levels set in the plant quality control manual;
    6. (6) testing of Quality Control Employees;
    7. (7) disposition of non-conforming products;
    8. (8) calibration of on-site primary or secondary test methods (if any); and

    9. (9) other records requested by the certifier under its discretion relating to section 93120.12, Appendix 3.

       These records shall be made readily available to the certifier. Records shall be retained for a minimum of 2 years in electronic or hard copy form. Records shall also be provided to ARB upon request.

       Appendix 3. Requirements for Third Party Certifiers of Composite Wood Products.

    Manufacturers shall maintain complete records documenting the following:

14. (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).

15. (b) Overview of Third Party Certifier Requirements.

    1. (1) ARB-approved third party certifiers shall do the following:

       1. (A) Verify that manufacturers are complying with the quality assurance requirements specified in section 93120.12, Appendix 2.
       2. (B) Verify manufacturer small scale test results compared to primary or secondary method results.
       3. (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).
       4. (D) Provide independent inspections and audits of manufacturers and records.
       5. (E) Provide manufacturers with their ARB-approved third party certifier number.
       6. (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.

       7. (G) Maintain records in electronic or hard copy form for two years, for review by ARB upon request, on:

          1. 1. manufacturers that have been certified, with designated identification codes (if any);
          2. 2. results of inspections and tests conducted for each manufacturer;
          3. 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. 4. correlations between small scale test results and primary or secondary method results by manufacturer;
          5. 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. 6. the ARB Executive Order approving the third party certifier.

       8. (H) On or before March 1 of each year, provide an annual report to ARB for the previous calendar year that includes:

          1. 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. 2. list of non-complying events by manufacturer as specified in section 93120.12, Appendix 2;
          3. 3. certified laboratories and primary or secondary test methods utilized by the third party certifier; and
          4. 4. results of interlaboratory testing comparisons for laboratories used by the third party certifier.

16. (c) Initial Plant Qualification.

    1. (1) a written quality control manual approved by the third party certifier;
    2. (2) quality control facilities and personnel approved by the third party certifier;
    3. (3) passage of a primary or secondary method qualifying test(s);
    4. (4) routine small scale quality control test(s), approved by the third party certifier;
    5. (5) a procedure for selecting samples, approved by the third party certifier; and
    6. (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.

    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:

17. (d) Primary or Secondary Method Tests.

    1. (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. (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. (3) Witnessing of Primary or Secondary Method Tests

       1. (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.

       2. (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.

       3. (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.

       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.

    Third party certifiers shall work with manufacturers to ensure that the requirements of section 93120.12, Appendix 2, subsection (f), are complied with.

18. (e) Inspections by Third Party Certifier.

    1. (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. (2) Frequency

       Inspections shall occur at least once per quarter.

    3. (3) Inspection Procedures

       1. (A) reviewing formaldehyde emission quality control records;
       2. (B) reviewing production records for press times and urea-formaldehyde resin usage;
       3. (C) examining formaldehyde emission quality control procedures;
       4. (D) selection of sample panels for emission testing;
       5. (E) interviewing and testing of quality control employees; and
       6. (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.

       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:

    4. (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 section 93120.12, Appendix 2.

    5. (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.

19. (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.

20. (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.

This section contains Appendices 1-3 to the Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products.

Appendix 1. Sell-through Provisions and Dates that Apply to Manufacturers, Distributors, Importers, Fabricators, and Retailers.

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.

History

1. New section and appendices 1-3 filed 4-18-2008; operative 4-18-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 16).