Frequently Asked Questions

California Air Recourses Board

http://www.arb.ca.gov/toxics/compwood/implementation/faq.htm#C._Emission_Testing

Note to Reader: The following color coding is to denote modifications to Version #4 of the FAQs Green = existing FAQs Red = new FAQs Blue = changes made to existing FAQs

C. Emission Testing 35. Will CARB accept E1 boards as meeting the Phase 1 standard? No. While CARBs Phase 1 standards are comparable to E1 emission levels for particleboard and medium density fiberboard, differences in the test methods and the amount of in-plant quality assurance testing done in Europe varies considerably from CARBs requirements. Even if boards meet the E1 standard, the mills producing those boards would need to be certified by an independent organization and have test data to show that it also meets the CARB Phase 1 standard using the primary or secondary test method, if they are offered for sale in California as panels or in finished goods. In the 2010-2012 time frame, when our Phase 2 standards take effect, composite wood products are required to have emission levels well below E1 to be acceptable for sale in California.

F. Imports
49. Will European producers and furniture makers be able to meet CARB limitations? We believe that they will. It is our understanding that some European companies presently offer for sale selected products that meet the European E1 standard. Many European companies are well positioned for compliance because composite wood products that meet E1 standards will likely meet the Phase 1 ATCM emission standard. However, composite wood panels produced by European manufacturers that meet the applicable Phase 1 and Phase 2 standards still need to obtain third party certification emission testing in order to sell into the California market. 50. Testing of imported products needs to be done on a scale that is statistically significant. How is CARB planning to address imports? Please see the responses to the enforcement-related questions above.

G. Labeling
51. In some upholstered products, the frame is cut from plywood, but the products are covered in material. Where would such products be labeled as compliant finished goods? It is largely up to the fabricator as to how to label the upholstered product - the label (e.g., tag and statement on the invoice) could be affixed with a staple and must clearly state that the product is legal for sale in California. 52. Is labeling the packaging on bulk products permitted? For example, can a single label be attached to the outer packaging material of a skid of work surfaces? The ATCM requires that a label shall be applied on every finished good produced, or on every box containing finished goods. One label on the box will comply with the ATCM; however, we strongly recommend that the box and finished goods both be labeled to aid in enforcement. 53. Can the label identifying the manufacturers name and the date of manufacture be a separate label from the label that states that the product was made with Phase 1 or Phase 2 compliant hardwood plywood, particleboard, and/or medium density fiberboard? Separate labels can be used to identify fabricator name, production date, and that the finished good was made with complying composite wood products, as long as the labels are all visible (e.g., inside a cabinet door or on the back of a credenza). 54. If an unboxed or blanket-wrapped chair, desk, and shelving unit were packed on a single skid, would a single label still apply? (Each product might contain different compliant materials.) If three different finished goods were all packed on a single skid, each would need a separate label. 55. What is the expectation for labeling if the finished product contains components from various board manufacturers? Hypothetically, an order for 10,000 bookcases involves 3 mills and 5 dates of board manufacture (i.e., production). What level of traceability is acceptable? Is it sufficient to list the mills that provide board product for any of those 10,000 bookcases?

The label for finished goods only require the fabricator name, production date, and a marking or brief statement to denote that the product complies with the applicable Phase 1 or Phase 2 emission standard in section 93120.2 (a) (or that the composite wood products in the finished good were made with no-added formaldehyde (NAF) or ultra-low emitting formaldehyde (ULEF) resins. The fabricator label does not need to include the name of the panel manufacturer. The fabricator needs to keep records of panel purchases to demonstrate that all composite wood products used in the finished good complies with the ATCM. Records on the amount of composite wood used to make finished goods would need to reasonably match the amount of complying composite wood purchased from the composite wood product mills. 56. When can a manufacturer of particleboard, hardwood plywood, and medium density fiberboard officially designate their composite wood products as CARB-compliant (or refer to their low-emitting products) on their boards? Manufacturers cannot officially label their products as CARB-compliant, or refer to their product as low-emitting, until they have been approved to do so by a CARB-approved third party certifier and, in the case of low-emitting product, by the CARB Executive Officer. 57. If a fabricator (e.g., a furniture or cabinet maker) makes a finished good during their sell-through period with non-complying composite wood, how should such a fabricator comply with the labeling requirement in the ATCM? The labeling requirement applies to finished goods made with composite wood that complies with one of the emissions standards. In this case, the cabinet maker should not label the cabinets as complying. The cabinet maker should keep records to be able to demonstrate that the composite wood used in making cabinets was legal for use under the sell-through provisions of the ATCM. These records should include invoices for the composite wood purchased either prior to the applicable effective dates or during a manufacturers, importers, or distributors sellthrough period beyond the effective dates. In the latter case, there should be documentation from the manufacturer, importer, or distributor that the composite wood was produced before the applicable effective date. (See FAQs regarding sell-through provisions.) 58. Since the enforcement of the rule began January 1st, 2009, I would like to know if there is an official logo we could look for to show our customers that the products we are importing/distributing are compliant? The regulation requirements on labeling do not require the use of any logo. These provisions are contained in section 93120.7(d)(1), and require that the label include: the name of the fabricator, the date of production and a short statement to indicate whether Phase 1 or Phase 2 emissions are being met in the finished good.

59. Is there a set label that should be applied? There is no set requirement or restriction on the label material in the regulation. For more information on labeling requirements, including example labels, please refer to our enforcement advisory, available at http://www.arb.ca.gov/toxics/compwood/outreach/advisories.htm. 60. We receive bundles of composite wood products such as hardwood plywood, which are broken down to several customers. What labeling requirements do we have? If a group of items are labeled and then divided and distributed separately, each separate item must be labeled with the same information as required on the original label. It would be acceptable if you take the label that was affixed to the original bundle or shipping pallet, photocopy the label and affix one to each subset created. 61. A final finished product may be composed of numerous small pieces of wood, potentially from various vendors. How much detail is required to document the chain of custody? That is, can chain-of-custody be established for each batch of material used before the different pieces are combined into the final product? Or does each individual piece in each final product need a chain of custody? At a minimum, records must be kept documenting purchases of compliant composite wood products hardwood plywood, particleboard, and MDF. Where different pieces are combined in a final product, fabricators should be able to demonstrate how many final products were made using the regulated materials, so a determination can be made if an appropriate supply of raw materials was purchased to make the reported amount of final product. In the case where there are multiple suppliers of MDF, for example, records need to show that an appropriate amount of final goods were made from the amount of MDF purchased for use. It is important that the supplier(s) can be identified. For a given volume of finished goods, fabricators must be able to demonstrate the amount of MDF, etc. that was used, and records showing that enough compliant MDF was purchased to make the amount of final products that were sold. 63. Must the fabricators name be on the product or box, if traceability is apparent through use of visible batch code or other identification? Due to the nature of the import business, many importers and distributors avoid sharing their suppliers with potential competitors. The regulation requires that the fabricators name, and the date the finished good was produced, is applied as a stamp, tag, sticker, or bar code on every

finished good produced, or on every box containing finished goods, provided that it is destined for sale or supply in California. The wood products industry often uses brand names or other means to conceal trade secrets such as which manufacturer or fabricator makes a certain product. In recognition of this, as an accepted practice, ARB will allow some flexibility in the labeling requirement for manufacturer or fabricator name. It is the intention of the ATCM that the name be included on the label to easily identify the party responsible for the formaldehyde emission characteristics of the board. It is acceptable for a distributor/importer to replace an original label with a label listing their company name as long as all other information required on the original label is retained. It should also be noted that if an importer or distributor replaces a label on a finished good, then they assume the liability for the finished good as a fabricator. 64. What labeling and notification language is acceptable for fabricators of components parts and finished products containing composite wood products? The regulation requires fabricators to clearly label finished goods containing hardwood plywood, particleboard or medium density fiberboard. CARB strongly recommends labeling of both the finished good and the box the finished good is contained in. Labels must include, at a minimum, the following information: 1. Fabricators name 2. Date the finished good was produced 3. A statement of compliance to denote that the composite wood product or finished good complies with the ATCM. Finished goods made with all NAF or all ULEF based resins shall be labeled as such. The intent of the statement must be clear in indicating compliance with the ATCM and should refer to California, or CARB, and include section 93120. For example, a statement of compliance may read California 93120 Compliant for Formaldehyde. 65. Do component parts need to be labeled? Components parts or replacement parts that are sold and/or supplied as individual items to anyone in commerce (individual finished goods, e.g., in a situation where a consumer is buying a replacement part such as a cabinet door or warranty replacement item) are subject to labeling requirements. Component parts and/or replacement parts, that are supplied to a fabricator (e.g., from a fabricator of component parts), and will be used in a finished good, do not need to be labeled but the invoice or bill of lading must include the statement of compliance to indicate that the

shipment of components parts or replacement parts are made of complying composite wood products. H. Miscellaneous 69. Does a retailer need to know what type(s) of composite wood product(s) a given piece of furniture or finished good contains? Yes, to the degree that it satisfies the retailers need to demonstrate reasonable prudent precautions. As many components in furniture are made with hardwood plywood, particleboard, and/or medium density fiberboard, retailers must work with their suppliers to ensure that the finished goods were made with compliant materials. Retailers must ask for and receive from their suppliers, a statement of compliance that indicates that the finished goods that they are supplied for sale in California were made with composite wood products that comply with applicable California standards. 70. The regulation states that no person shall supply any composite wood product which, at the time of sale or manufacture, does not comply with the emission standards. What is meant by supply? If a distributor is providing cabinets to a builder or contractor of new homes, the distributor would be supplying finished goods to his customer. 72. Is an installer (i.e., closet company), who purchases full-sized laminated panels, cutting them into shelves, edge banding them and trimming their work for installation considered a retailer or fabricator? If a closet company is simply purchasing composite wood products or component parts and then taking them to a consumer and installing shelving/closets, then they would be considered a retailer. In this case, a retailer is not making a new product, simply installing a pre-fabricated product according to the steps necessary for on-site carpentry, assembly and installation. Retailers need to take reasonable prudent precautions to ensure that they obtain compliant composite wood products, and keep records to demonstrate their products comply with the applicable emission standards (Please refer to question #68). However, if a business exists in which, where panels are cut, edge banded, and essentially new fabricated products then that business would be considered a fabricator. In addition to demonstrating the use of complying composite wood products, fabricators also need to label the finished products. To document their purchases and use of compliant materials to California, fabricators must keep records showing the dates of purchase and suppliers of composite wood products that they used.

I. No-added Formaldehyde (NAF) and Ultra-low Emitting Formaldehyde (ULEF) Products 81. For the sake of the board manufacturer who has a zero emission product is his statement taken at face value or is he still obligated to go through TPC documentation? If so, is it only a one time thing? Manufacturers of "no-added formaldehyde" (NAF) products would have to apply to CARB to be approved as a NAF manufacturer. Emissions data must be included in the application. If the application is approved by CARB, the product manufacturer would be exempt from the TPC requirement, but still subject to field inspection and audits to verify their use of NAF resins. Manufacturers of ultra-low emitting formaldehyde resin (ULEF) products would also have to apply to CARB to be approved as ULEF manufacturer along with providing emissions data with their application. Once the application is approved by CARB, the product manufacturer would be subject to reduced testing requirements from the TPC; however, they would be subject to field inspection and audits to verify their use of ULEF resins. Both NAF and ULEF approvals are granted for two-year periods and must be renewed accordingly.

L. Third Party Certification (TPC) 88. Who has to be third party certified? Only manufacturers of hardwood plywood, particleboard, and medium density fiberboard are required to be third party certified.