California Air Resources Board (CARB)
Air Toxic Control
Measure (ATCM)
On January 1, 2009, California began
regulating the formaldehyde emissions from composite wood products
(particleboard, medium density fiberboard and hardwood plywood) sold
in the state or used to make finished goods offered for sale in the
state. All products containing composite wood products must
compy with the new regulation. The following information and
resources are provided to assist in understanding the requirements
stipulated by the regulation and to communicate SierraPine’s
compliance with the regulation.
General
Overview
a. Summary
of Rule
b. Emission
Limits and Compliance Dates
c. Sell
Through Provisions
d. Hardwood
Plywood Manufacturer/Laminator Designation
e. Distributor/Retailer
Designation
f. Key
Definitions
SierraPine
Compliance
a. SierraPine
Compliance Status
b. Proof
of Compliance
c. Documentation
& Labeling Requirements
Exemptions
a. NAF
Exempt Classification
b. ULEF Exempt Classification
Requirements
of Distributors & Fabricators
a. Definition of Panel
Manufacturer vs. Fabricator/Finished Products
Manufacturer
b. Record Keeping
c. Product Labeling
Requirements
d. Proof of Compliance - Documentation
Requirements
LINK TO CPA’s
CARB RULE WEBSITE - your resource to California ATCM 93120
Compliance
GENERAL OVERVIEW
Summary of
Rule
The CARB ATCM (statute #CCR 93120) is a regulation that
establishes ceiling limits for formaldehyde emissions from
particleboard, medium density fiberboard (MDF) and hardwood plywood
(HWPW) sold in the state of California, along with rigorous
compliance demonstration requirements. The regulation does not
include hardboard (see definition in this section following
Distributor/Retailer Designation), softwood plywood, OSB, engineered
lumber or other engineered wood products. While this is a raw
board regulation, it will also be enforced on semi-finished and
finished products sold in California that contain any quantity of
these three panel products singularly or in combination. The
regulation is being implemented in two steps or phases. The
first step, Phase 1, becomes effective on January 1, 2009 for most
products. Phase 2 drops emission limits significantly and
becomes effective between January 1, 2010 and July 1, 2012,
depending on the product. The following table summarizes the
effective dates for all products included in the regulation and the
emission levels for each product for both phases. All emission
limits are expressed in parts per million (PPM).
Emission
Limits and Compliance Dates
|
Effective
Date |
HWPW VC |
HWPW CC |
PB |
MDF |
Thin
MDF |
| 1/1/2009 |
P1 - 0.08 |
|
P1 - 0.18 |
P1 - 0.21 |
P1 - 0.21 |
| 7/1/2009 |
|
P1 - 0.08 |
|
|
|
| 1/1/2010 |
P2 - 0.05 |
|
|
|
|
| 1/1/2011 |
|
|
P2 - 0.09 |
P2 - 0.11 |
|
| 1/1/2012 |
|
|
|
|
P2 - 0.13 |
| 7/1/2012 |
|
P2 - 0.05 |
|
|
|
HWPW VC = Hardwood Plywood with
a Veneer Core substrate
HWPW CC = Hardwood Plywood with a
Composite [Panel] Core (PB or MDF)
Thin MDF = MDF that has a
thickness ≤ 5/16” (.3125”)
P1 = Phase 1 emission limits
P2 =
Phase 2 emission limits
Sell Through
Provisions
Recent changes to the Sell-Through Provisions can be reviewed
via CARB's website and differ from the initial
provisions in the Rule which are provided below.
The regulation includes a significant section called “Sell
Through Provisions”. These provisions were developed out of
consideration that it may take some time to purge inventories of
non-compliant composite panel products, and the finished products
containing composite panels, throughout the value chain. This
is, in effect, a grace period that allows non-compliant product to
continue to be sold in California after the regulation goes into
effect. It is very important to understand these provisions,
as they will impact companies throughout the value chain
differently. The following table summarizes these sell
through provisions.
| Group |
Grace Period from Effective Date |
| Panel Manufacturer |
3 months |
| Distributors - Raw Panels |
5 months |
| Importers - Raw Panels |
3 months |
| Distributors/Importers - Finished Products |
18 months |
| Fabricators |
18 months |
| Retailers - Raw Panels |
12 months |
| Retailers - Finished Products |
18 months |
These sell through provisions apply to both the Phase 1 and Phase
2 compliance deadlines in the same way. For example,
particleboard producers (Panel Manufacturer group) can sell
non-compliant product produced prior to January 1, 2009 until March
31, 2009 for Phase 1, and until March 31, 2011 for Phase 2 for
products produced prior to January 1, 2011. It is critical to
understand that panels produced on or after the effective date must
comply with the emissions limits for the applicable effective date
and the sell through provisions will not apply. So, in the
case of a fabricator using raw particleboard under the Phase 1
requirements, they can use non- compliant board produced prior to
January 1, 2009 in the manufacture of their finished product as long
as that finished product is sold to the final consumer prior to July
1, 2010.
These provisions are not cumulative, meaning that downstream
customers cannot add their sell through provision to the grace
period of another segment in the value chain. All sell through
provisions are based on the effective dates of the regulation.
Products included in the Panel Manufacturer group are defined as
raw unfinished panels. All of SierraPine’s products fall under
this group. In the case of hardwood plywood, products included in
the Panel Manufacturer group are defined as unfinished veneer
laminated panels as explained below.
Hardwood
Plywood Manufacturer/Laminator Designation
Through clarification from CARB staff, one of the key
distinctions they have made is in the difference between a hardwood
plywood manufacturer and a laminator/fabricator that laminates
veneer. A laminator is synonymous with a fabricator.
This distinction is critical to understand, as a HWPW panel
manufacturer has only a 3 month grace period and must meet all the
testing, Quality Control (QC) procedures and documentation
requirements of the regulation, whereas a company meeting the
definition of a fabricator has an 18 month grace period to utilize
non-compliant substrate and is only required to show proof of using
a substrate that meets the applicable emission limits. A
fabricator is not required to have a detailed QC process in place,
does not have to perform regular in- house formaldehyde testing and
is not required to submit samples for large chamber tests.
A HWPW manufacturer is a company that lays up veneer over a
veneer core or a composite panel core that is unfinished and is
produced for a non-discriminate application; or is not predestined
for a specific component or finished good at the time of
production. HWPW products that fall into the Panel
Manufacturer group would include stock panels for general wholesale
or distribution and are allowed a three month grace period.
Conversely, if a company laminates veneer to a veneer core or
composite panel core and then prefinishes that panel in some way,
cuts it into a component, uses that specific panel for in-house
manufacturing of a finished product, or sells the veneer laminated
panel to another company for a specific pre-destined application,
that company is considered a fabricator and is allowed to use a
non-compliant substrate for an 18 month grace period. The
panel they manufactured (veneer laminated panel) is not required to
be certified nor be tested according to the rigorous procedures that
panel manufacturers must go through. They must only document
that they used a certified substrate. However, if that same
company also laminates veneer to panels for a distributor for stock
inventory, that company may be subject to the requirements of a HWPW
panel manufacturer.
Companies that laminate other decorative surfaces including low
pressure melamines (TFM), vinyls, papers and high pressure laminates
(HPL), along with companies who prefinish panels with liquid or
powder coatings, are considered fabricators. All OEM companies
producing a semi- finished or finished product, including
components, are also considered fabricators.
Distributor/Retailer
Designation
The other distinction that is important to highlight is the
difference between a distributor and retailer. The main
difference is that a retailer sells a product directly to the final
consumer. We have sought clarification from CARB on this
difference as well.
For illustrative purposes under the Phase 1 requirements, if a
company purchases raw particleboard from a panel manufacturer and
resells that particleboard to a home improvement center (HIC), that
company is a distributor and has 5 months to sell any non- compliant
product they have in their inventory for particleboard produced
prior to January 1, 2009. In this example, the HIC is a
retailer because they are selling that raw particleboard to a final
consumer and has 12 months to sell their particleboard inventory
produced prior to January 1, 2009 that is non- compliant.
However, if the distributor is selling raw particleboard to the HIC
for shelving used as part of the racking system in the HIC, the
distributor has actually made a retail sale and the HIC is the final
consumer (or ultimate purchaser), thereby giving the distributor a
12 month grace period to sell any non-compliant particleboard they
have in inventory produced prior to January 1, 2009 to the HIC for
their racking application.
You are strongly encouraged to review the regulation on the CARB
website http://www.arb.ca.gov/toxics/compwood/compwood.htm
regarding these provisions along with the complete list of
definitions. The examples above have been provided following
many discussions with CARB, but there may be other scenarios that
present the potential for inaccurate interpretations of these
definitions and provisions. For the purposes of this document,
the key definitions in the regulation pertaining to these sell
through provisions are listed below:
Key
Definitions
Component Part - A fabricated part that contains one or more
composite wood products and is used in the assembly of finished
goods.
Distributor - 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.”
Fabricator - Any person that uses composite wood products to make
finished goods. “Fabricator” includes producers of laminated
products.
Finished Goods - 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.
Hardboard - 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).
Hardwood Plywood (HWPW) - 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.
Importer - 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.
Laminated Product - 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.
Panel - Any particleboard, medium density fiberboard, or hardwood
plywood board produced for sale, supply, or distribution by a
composite wood product manufacturer.
Retailer - 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.
Third Party Certifier - 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.
Veneer - 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.
SIERRAPINE
COMPLIANCE
SierraPine, like all other panel manufacturers, is required to
have all their products certified that are or could be sold into
California for consumption in California. We have chosen to
certify all our products through the Composite Panel Association
(CPA) who was the first Third Party Certifier (TPC-1) accredited by
CARB. The following table summarizes the current status
of our certification for all products.
SierraPine
Compliance Status
|
CARB Certification Status |
Notes |
| Adel, GA |
Available as either Phase 1 or Phase 2
certified
NAF Exemption Executive Order granted April 9,
2013 - achieved for Encore |
All standard Particleboard products.
Includes Encore
|
| Martell, CA |
Phase 2 certification achieved for all standard
products
NAF Exemption Executive Order granted February
11, 2013 - achieved for Encore
|
All standard Particleboard products.
Includes Encore
|
| Springfield, OR |
Available as either Phase 1 or Phase 2
certified
Phase 2 certification achieved for
Encore |
|
| Medford, OR |
Phase 2 certification acheived
NAF Exempt Executive Order granted March 17,
2011
|
All standard MDF, door part and moulding products.
Includes Arreis, Medex, Medite II, Medite FR.
|
| Rocklin, CA TMDF |
Phase 1 and Phase 2 certification achieved for
all products |
|
For copies of SierraPine’s
CARB Certificates - CLICK
HERE
Proof of Compliance
There are many benchmarks panel manufacturers must attain to
demonstrate compliance to this regulation, including daily in-house
testing of emissions, a rigorous QC program and documented
procedures, passing unannounced on-site audits by their third party
certifier and achieving passing emission results from regular large
chamber testing.
Documentation
& Labeling Requirements
The regulation also requires panel manufacturers to use certain
language on individual panels and/or unit tickets, and use certain
language on bill of ladings and/or invoices, confirming their
certification. SierraPine will only include this language on
unit tickets, and not individual panels, as we have determined that
labeling each panel is not practical. Furthermore, we will
only show the required language on invoices, as bills of lading may
become lost or misplaced during transportation or receiving.
Our invoice will therefore be the proof of compliance relied upon by
our customers to document their purchase of compliant particleboard,
MDF or TMDF supplied by SierraPine. No other documentation
from SierraPine is necessary for our customers to demonstrate they
acted in good faith in purchasing compliant product from us.
As SierraPine is certifying products to this ATCM through the CPA
under the Eco- Certified Composite Panel Certification (ECC 4-11),
here is the information that will appear on our unit
tags:
• ECC logo (Correct print colors, grayscale, or black
and white) with “California ARB Approved Third Party Certifier
TPC-1” in close proximity to logo
• Verbiage “Complies with
CPA ECC 4-11, ANSI A208.1, HUD 24 CFR Part 3280, and CCR 93120
(CARB Composite Wood ATCM Phase {1 or 2 }) Formaldehyde Emission
Limits”
• Company name
• Mill address (town and state)
•
Mill number
• Production date
• Production shift/crew
•
Lot or batch number
The information that will appear on our invoices for Phase 1 and
Phase 2 compliant products will be as follows:
California ARB Approved Third Party Certifier TPC-1. This product
is certified to the CARB ATCM 93120 Phase 1 (or Phase 2) emission
limit.
See below for the labeling requirements for exempt products.
While we encourage full use of the sell through provisions
discussed above, it is important to understand that once product
leaves our plant it cannot be relabeled nor represented as CARB
certified, regardless of the emission characteristics of the
panel. Therefore, you are encouraged to turn your inventory as
soon as possible.
EXEMPTIONS
In an effort to encourage panel manufacturers to switch to lower
emitting resin formulations, CARB has developed two types of
exemptions that significantly reduce the burdens of complying to
either Phase 1 or Phase 2:
- NAF (No Added Formaldehyde) Exempt
- ULEF (Ultra
Low Emitting Formaldehyde) Exempt
Resin formulations that meet the NAF definition are those that do
not contain any added formaldehyde in their formulation. CARB
provides examples of these types of resins. CARB does not
provide any specific requirements for the resins that could be used
for the ULEF Exempt category. The only requirement is a six
(6) month demonstration of maintaining emissions at or below a 0.04
PPM level for 90% of samples tested with a ceiling of 0.06
PPM. Some of the resins that could be used include Urea-
Formaldehyde (UF), Phenol Formaldehyde (PF), Melamine
Urea-Formaldehyde (MUF) and Melamine Formaldehyde (MF). Applications
for these exemptions are submitted directly to the Executive Officer
of the Air Resources Board and last for two years. There are
many requirements that have to be met to achieve these exemptions,
but the main one is demonstration of emissions at a 0.04 PPM level
or lower. As noted above, SierraPine’s SDF products have
been granted NAF Exempt status by CARB, effective 12/5/08.
It is important to note that products gaining this exemption are
not technically “certified”. The certification process is an
ongoing demonstration of regular (daily) in-house emission testing
and corresponding large chamber tests conducted by third party
laboratories validating the test results at the plant. Gaining
Exempt Status removes the requirement to test and certify these
products because the emissions are so low. The regulation
requires that unit tickets and invoices use the statement, “This
product is produced with No Added Formaldehyde” on unit tickets and
invoices. However, recognizing that there may be confusion
about exempt products meeting Phase 1 or Phase 2, we received
approval from CARB to add the following language, “Meets the CARB
ATCM 93120 Phase 2 emission limits”.
REQUIREMENTS
OF DISTRIBUTORS & FABRICATORS
Distributors, Importers & Retailers
Distributors, Importers and Retailers must take “reasonable and
prudent” precautions to ensure that the composite wood products and
composite wood products contained in finished goods they purchase
comply with the emission standards. Reasonable prudent
precautions include, at a minimum, instructing each supplier that
the composite wood products and finished goods they supply to a
distributor, importer or retailer must comply with the applicable
emission standards, and obtaining written documentation from each
supplier that this is so.
Record Keeping
In addition, distributors, importers and
retailers must keep records showing the date of purchase and the
supplier of composite panels and/or finished goods, and document the
precautions taken to ensure that these products comply with
applicable emission standards. These records must be kept in
electronic or hard copy for a minimum of two years and provided to
ARB or local air district personnel upon request.
Product Labeling
If a distributor or importer does not modify
the raw panel or finished product, no additional product labeling is
required. If products are modified, see the Fabricator section
below.
Proof of Compliance
For each composite wood product or
finished good made with these materials, the distributor and
importer must state on the bill of lading or invoice that the
composite wood products or finished goods comply with the applicable
Phase 1 or Phase 2 emission requirements.
Fabricators
As discussed above, fabricators that produce laminated products,
and not composite wood products, are not required to comply with the
third party certification requirements. Taking reasonable and
prudent precautions and the record keeping requirements, as
described in the Distributor/Importer/Retailer section above, also
applies to Fabricators.
Product Labeling
Fabricators must label their finished goods
containing composite wood products destined for sale in
California. The label shall be applied as a stamp, tag,
sticker, or bar code on every finished good produced, or on every
box containing finished goods. The label shall include, at a
minimum, the fabricator’s name, the date the finished good was
produced and a marking to denote that the product was made with
composite wood products that comply with the applicable Phase 1 or
Phase 2 emission limits. Finished goods shall be labeled as
having been made with no added formaldehyde (NAF) based resins or
ULEF resins if this is the case for all composite wood products
contained in the finished product.
Proof of Compliance
Fabricators must designate their goods as
being made with composite wood products that comply with the
applicable emission limits on their bill of lading or
invoice.