Final Regulation Order
AIRBORNE TOXIC CONTROL MEASURE TO REDUCE FORMALDEHYDE EMISSIONS FROM COMPOSITE WOOD PRODUCTS
Adopt new sections 93120-93120.12, title 17, California Code of Regulations, to read as follows:
§ 93120.  Airborne Toxic Control Measure to Reduce
Formaldehyde Emissions from Composite Wood
Products.
(a) The Airborne Toxic Control Measure to Reduce Formaldehyde
Emissions from Composite Wood Products is contained in sections
93120 through 93120.12.
(b) Purpose.  The purpose of this airborne toxic control measure is to
reduce formaldehyde emissions from composite wood products, and
finished goods that contain composite wood products, that are sold,
offered for sale, supplied, used, or manufactured for sale in California.
The composite wood products covered by this regulation are hardwood
plywood, particleboard, and medium density fiberboard.
(c)  Applicability.  This airborne toxic control measure applies to:
(1) Manufacturers of hardwood plywood, particleboard, and medium
density fiberboard that manufacture, sell, offer for sale, or supply these
products for use in California;
(2)  Distributors of hardwood plywood, particleboard, medium density
fiberboard, and finished goods that contain composite wood products,
that sell, offer for sale, or supply these products or goods for use in
California;
(3)  Importers of hardwood plywood, particleboard, and medium density
fiberboard, and finished goods that contain composite wood products,
that sell, offer for sale, or supply these products or goods for use in
California;
(4)  Fabricators that use hardwood plywood, particleboard, and medium
density fiberboard to make other goods that are sold, offered for sale,
or supplied for use in California;
(5)  Retailers of hardwood plywood, particleboard, medium density
fiberboard, and finished goods that contain composite wood products,
that sell, offer for sale, or supply these products or goods for use in
California; and
(6) Third party certifiers as defined in title 17, California Code of
Regulations, section 93120.1.
(d) This airborne toxic control measure does not apply to hardwood
plywood, particleboard, medium density fiberboard, and finished goods
that contain composite wood products that are manufactured,
distributed, fabricated, imported, sold, offered for sale, or supplied for
shipment and use outside of California.
Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, and 41712, Health and Safety Code.  Reference: Sections 39650, 39658, 39659, 39666, and 41712, Health and Safety Code.
§ 93120.1 Definitions.
(a) For the purposes of this section, the following definitions shall apply:
(1)  “ANSI” means the American National Standards Institute.
(2)  “ARB” means the California Air Resources Board.
(3)  “ASTM” means the American Society for Testing and Materials.
(4)  “Batch” means the amount of composite wood product manufactured
during a shift (8 or 12 hours, plus or minus one hour of production).
(5)  “Combination core” means a platform for making hardwood plywood
that consists of a combination of layers of veneer and particleboard or
medium density fiberboard.
(6)  “Component part” means a fabricated part that contains one or more
composite wood products and is used in the assembly of finished
goods.
(7) “Composite core” means a platform for making hardwood plywood or
laminated products that consists of particleboard and/or medium
density fiberboard, or combination core.
(8)  “Composite wood products” means hardwood plywood, particleboard,
and medium density fiberboard.  “Composite wood products” does not
include hardboard, structural plywood as specified in the Voluntary
Product Standard - Structural Plywood (PS 1-07), structural panels as
specified in the Voluntary Product Standard – Performance Standard
for Wood-Based Structural-Use Panels (PS 2-04), structural composite lumber as specified in “Standard Specification for Evaluation of
Structural Composite Lumber Products” (ASTM D 5456-06), oriented
strand board, glued laminated timber as specified in “Structural Glued
Laminated Timber” (ANSI A190.1-2002), prefabricated wood I-joists as specified in “Standard Specification for Establishing and Monitoring
Structural Capacities of Prefabricated Wood I-Joists” (ASTM D 5055-
05), finger-jointed lumber, or “composite wood products” used inside of
new vehicles as defined in section 430 of the California Vehicle Code
(excluding recreational vehicles), rail cars, boats, aerospace craft, or
aircraft.
(9)  “Distributor” means any person to whom a composite wood product or
finished good is sold or supplied for the purposes of resale or
distribution in commerce, except that manufacturers and retailers are
not “distributors.”
(10) “Door” means a finished good used to close off a room, closet, or
entrance.  A “door” moves on hinges, slides or rotates, and consists of
a movable panel or combination of panels, and may include
component parts.
(11) “Executive Officer” means the “Executive Officer” of the California Air
Resources Board, or his or her delegate.
(12) “Fabricator” means any person that uses composite wood products to
make finished goods.  “Fabricator” includes producers of laminated
products.
(13) “Facility” means any site where composite wood products or finished
goods are manufactured, tested, used, supplied or offered for sale, or
sold in California.  “Facility” includes, but is not limited to,
manufacturing plants, testing laboratories, distribution centers,
fabricator shops, warehouses, and retail stores.
(14) “Fiber” means the slender threadlike elements of wood or similar
cellulosic material, which can be separated by chemical and/or
mechanical means, such as pulping, and can be formed into panels. (15) “Finished goods” means any good or product, other than a panel,
containing hardwood plywood, particleboard, or medium density
fiberboard.  Component parts are not “finished goods,” although they
are used in the assembly of finished goods.  “Finished goods” do not
include used goods such as antiques or second-hand furniture.  For
the purposes of this subsection, a “used good” means a “finished
good” that has previously been sold or supplied to the ultimate
purchaser.  “Ultimate purchaser” means the first person who in good
faith purchases or acquires a “finished good” for purposes other than
resale.
(16) “Formaldehyde” means a colorless gas at room temperature that at
elevated concentrations has a strong, pungent odor and can be
irritating to the eyes, nose, and lungs (i.e., CAS No. 50-00-0).
(17) “Hardboard” means a composite panel composed of cellulosic fibers,
made by dry or wet forming and hot pressing of a fiber mat with or
without resins, that complies with one of the following ANSI standards:    Basic Hardboard (ANSI A135.4-2004), Prefinished Hardboard Paneling (ANSI A135.5-2004), or Hardboard Siding (ANSI A135.6-2006).        (18) “Hardwood” means the wood of a deciduous broad-leafed tree.
Examples of “hardwoods” include, but are not limited to, aspen, birch,
and oak.
(19) “Hardwood plywood” (HWPW) means a panel composed of an
assembly of (A) hardwood layers or plies of veneer or (B) veneers in
combination with a platform consisting of lumber core, composite core,
a special core material, or special back material, joined with an
adhesive.  The face veneer may be composed of a hardwood or
decorative softwood species (ANSI/HPVA HP-1-2004).  “Hardwood
plywood” includes wall paneling, industrial panels, and “hardwood
plywood” panels used in making flooring.  “Hardwood plywood” does
not include laminated products, military specified plywood, or curved
plywood.
(20) “Hardwood plywood – composite core” (HWPW-CC) means hardwood
plywood with a composite core.
(21) “Hardwood plywood – veneer core” (HWPW-VC) means hardwood
plywood with a core made of a sheet or sheets of veneer.
(22) “HPVA” means the Hardwood Plywood and Veneer Association.
(23) “Importer” means the person or entity as defined in the regulations of
the Bureau of Customs and Border Protection, 19 Code of Federal
Regulations, section 101.1.
(24) “Laminate” means a veneer or other material affixed as a decorative
surface to a platform.
(25) ”Laminated product” means a finished good or component part of a
finished good made by a fabricator in which a laminate or laminates
are affixed to a platform.  If the platform consists of a composite wood
product, the platform must comply with the applicable emission
standards.
(26) “Lot” means the volume of a product type produced either: (A) from the
beginning of a production run until the first quality control test; or
(B) between one quality control test and the next one; or (C) from the
last quality control test to the end of a production run.
(27) “Manufacturer” means any person who manufactures or produces a
composite wood product.
(28) “Medium density fiberboard” (MDF) means a panel composed of
cellulosic fibers (usually wood) made by dry forming and pressing of a
resinated fiber mat (ANSI A208.2-2002).
(29) “No-added formaldehyde based resins” means resins formulated with
no added formaldehyde as part of the resin cross linking structure for
making hardwood plywood, particleboard, or medium density
fiberboard.  “No-added formaldehyde based resins” include, but are not limited to, resins made from soy, polyvinyl acetate, or methylene
diisocyanate.
(30) “Panel” means any particleboard, medium density fiberboard, or
hardwood plywood board produced for sale, supply, or distribution by a composite wood product manufacturer.
(31) “Particle” means a distinct fraction of wood or other cellulosic material
produced mechanically and used along with resin to make
include和containparticleboard.  “Particles” are larger in size than fibers.
(32) “Particleboard” means a panel composed of cellulosic material (usually
wood) in the form of discrete particles (as distinguished from fibers,
flakes, or strands) that are pressed together with resin
(ANSI A208.1-1999).
(33) “Person” shall have the same meaning as defined in Health and Safety
Code section 39047.
(34) “Platform” means the veneer core, composite core, combination core,
lumber core, or special core material used in the manufacture of
hardwood plywood or laminated products.
(35) “Plywood” means a panel product consisting of layers of wood veneers
in combination with a platform, pressed together with resin.  “Plywood”
includes panel products made by either hot or cold pressing (with
resin) veneers to a platform.
(36) “Product type” means a type of composite wood product that differs
from another based on composition, thickness, number of plies (if
hardwood plywood), and resin to distinguish one composite wood
product from another made by the same manufacturer.
(37) “Recreational vehicle” has the same meaning as defined in section
18010 of the California Health and Safety Code.
(38) “Retailer” means any person or entity that sells, offers for sale, or
supplies directly to consumers composite wood products or finished
goods that contain composite wood products.
(39) “Softwood” means wood produced from needle and/or cone bearing
trees (ANSI/HPVA HP-1-2004).
(40) “Thin MDF” means medium density fiberboard that has a maximum
thickness of eight millimeters.
(41) “Third party certifier” means an organization or entity approved by the
Executive Officer that:  (A) verifies the accuracy of the emission test
procedures and facilities used by manufacturers to conduct
formaldehyde emission tests, (B) monitors manufacturer quality
assurance programs, and (C) provides independent audits and
inspections.
(42) “Ultra-low-emitting formaldehyde (ULEF) resins” means resins
formulated such that average formaldehyde emissions are consistently below the Phase 2 emission standards in section 93120.2, as provided in section 93120.3(d).
(43) “Veneer” means thin sheets of wood peeled or sliced from logs for use
in the manufacture of wood products such as plywood, laminated
veneer lumber, laminated products, or other products.
(44) “Veneer core” means a core material for making plywood that consists
of veneer.
(45) “Window” means a finished good consisting of a frame in which are set
panes of glass, for the admission of air or light, or both, into an opening in the wall of a building.  The frame includes jambs, stiles, sashes, and rails, and excludes sills, window headers and window seats.

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