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Frequently Asked Questions
This page last reveiwed October 5, 2009
Note to Reader: The following color coding is to denote modifications to Version #4 of the FAQ’s
Green = existing FAQ’s
Red = new FAQ’s
Blue = changes made to existing FAQ’s
I. Frequently Asked Questions (FAQ’s) Categories
(Version #5 – October, 2009)
A. Applicable Products
B. Economics
C. Emission Testing
D. Enforcement
E. Exemptions
F. Imports
G. Labeling
H. Miscellaneous
I. No-added Formaldehyde (NAF) and Ultra-low emitting Formaldehyde
Products
J. Public Health
K. Resin Chemistry
L. Third Party Certification (TPC)
II.
Questions and Responses
1. What composite wood products fall under the airborne toxic control measure (ATCM)? The ATCM applies to all hardwood plywood (HWPW), particleboard (PB), and medium density fiberboard (MDF), including thin MDF (≤ 8 mm), and finished goods that contain these products, that are sold, offered for sale, supplied, used, or manufactured for sale in California.
2. What specific products are not covered by the ATCM? Materials that are not covered by the ATCM include, but are not limited to hardboard, natural wood, and certified structural plywood, certified structural panels, structural composite lumber, oriented strand board, glue laminated timber, prefabricated wood I-joist, finger jointed lumber, or “composite wood products” used inside of new vehicles, rail cars, boats, aerospace craft or aircraft (please also refer to question #23).
3. What are examples of finished goods? Finished goods mean any good or product other than a panel, containing HWPW, PB, and MDF. Finished goods include, but are not limited to furniture, cabinets, shelving, countertops, flooring, moldings, caskets, base boards, rosettes, corbels, etc.
4. Who does the ATCM apply to? The ATCM applies to manufacturers, distributors, importers, fabricators, and retailers of the products described in question 1, as well as third party certifiers of manufacturers.
5. Does the ATCM apply to blockboard? No, blockboard is not covered by the ATCM since it is not included in the definition of HWPW.
6. Does the ATCM apply to molded pallet blocks? Molded pallet blocks that are made in individual molds and made specifically as molded pallet components are exempt for the ATCM. If in a given manufacturing process no flat panels are made or used, and if the resulting molded pallet block products have a very specific purpose, then molded pallet block products would not be subject to the ATCM.
7. Would toilet seats be subject to the regulation? If the products (toilet seats) are compression molded, meaning that flat panel products (such as medium density fiberboard, particleboard, or hardwood plywood) are not used manufacturing these products, then the product is exempt from the regulation. Some toilet seats are made by a cut-out or routered method; these particular products derive from a flat composite wood product panel, which is subject to the regulation. If products are made by bending a flat panel, then the fabricated toilet seat would be subject to the regulation and would need to be made with compliant materials. (Please also see question # 6 and #17)
If a company that produces molded toilet seats wants to have their product tested by a CARB-approved third party certifier (TPC) for formaldehyde emissions, should these products be labeled to let consumers know that the product is compliant? For companies that have their products tested by a CARB-approved TPC, the phrase “low formaldehyde molded product” can be used on the label. This indicates that testing by a certified entity was performed to demonstrate that the product is low-emitting and that it is a molded product which is not subject to the regulation. These products should not be labeled as CARB compliant and they should not include a statement of CARB compliance on their label because they are not subject to the regulation.
8. Are chair backs and
seats made by molding wood flour and resin into the desired shape considered
particleboard and do they require emission testing? No,
such products would not be considered to be a composite wood product under the
ATCM. If products are made to be
component parts or finished products, and are not made in the form of flat
panel, they are not subject to the regulation.
9. Does the ATCM apply
to low density fiberboard (LDF) or high density fiberboard (HDF)? The ATCM applies to LDF,
MDF, and HDF. The ANSI standard for
MDF, A208.2-2002, is based on performance and is independent of density.
10. The regulation is applicable to hardwood plywood. However, what if the plywood is not hardwood
but a softwood like spruce? Is it then
exempt? If softwood is used in making HWPW that meets the definition of
HWPW (ANSI/HPVA HP-1-2004), then it is subject to the ATCM. The ATCM is intended to apply to products
marketed as hardwood plywood with high formaldehyde emissions, which are most
commonly made with urea formaldehyde (UF) resins. It is our understanding that "softwood
plywood" largely refers to an exterior-grade products made primarily with
phenol formaldehyde (PF) resins (i.e., structural plywood), which are reported
to be much lower emitting according to the Battelle Study, referenced in the
ATCM. If softwood plywood is marketed as
HWPW, then it would be subject to the ATCM.
11. A plywood product is made with phenol formaldehyde (PF) resins and softwood face veneers. It meets the specifications for structural plywood of PS 1-07 and is labeled as such. The product is used as paneling and wainscoting in both interior and exterior applications. Is it exempt from the ATCM? Yes. Softwood plywood meeting the specifications of PS 1-07 is specifically exempted from the definition of "composite wood products" found in Section 93120.1(8). The exemption is controlled by the characteristics of the product, not its end use applications.
12. Are decorative wood pieces (such as corbels,
moldings, rosettes, transition blocks etc.) subject to the regulation? Decorative wood pieces made out of solid wood
are not subject to the regulation. However, if these decorative wood
pieces (such as corbels, moldings, rosettes, transition blocks, etc.) are made
out of products that contain hardwood plywood, particleboard, or medium density
fiberboard, then these goods would be subject to the regulation as a finished
good.
13. Is wood packaging
(e.g., pallets, crates) subject to the ATCM?
Since wood packaging may contain composite wood products (i.e.,
hardwood plywood, medium density fiberboard, and/or particleboard), wood
packaging would be “finished goods” subject to the ATCM if one were to take a
strict interpretation of the ATCM’s definition of “finished goods.” However, it was not CARB’s intent to regulate
wood packaging as “finished goods.” To
be consistent with this intent and provide fairness to the regulated community,
CARB staff interprets the ATCM as not applying to wood packaging. These products are not subject to any of the
requirements of the ATCM.
By “wood packaging” we mean pallets, skids, boxes, crates, reels, spools and containers used for handling, sorting, storing, shipping, and transporting goods.
14. How will packing
material, such as “dunnage” or “offal” be considered in the ATCM? Packing
material, also refer
15. Does the ATCM apply
to rental items such as rental furniture?
Furniture
that is rented prior to the effective dates of the emission standards is
exempt, because such furniture is considered to be “used goods,” which are
exempt from the definition of finished goods.
At the end of the rental period, the furniture may be sold at any time
as used furniture. If a furniture rental
company purchases new furniture after the effective dates of the emission
standards, for purposes of renting that furniture in
16. My company supplies just a few products that contain a very
small amount of composite wood products to
17. Does the ATCM apply to curved or bent
plywood? Curved plywood is
excluded from the definition of hardwood plywood and is not subject to the
ATCM. While CARB staff recognizes that
the process of making curved plywood may be similar to industrial grade
hardwood plywood, there are important differences, such as the use of a radio
frequency curing during the pressing process.
Also, CARB does not have emissions data to accurately characterize
curved plywood formaldehyde emissions.
CARB intends to further evaluate curved plywood in the future to
determine whether regulatory amendments are necessary to include curved plywood
into the definition of hardwood plywood and thereby require third party
certification. We understand that some
industry groups use the terms curved plywood and bent plywood interchangeably. However, we also understand that in some
situations, flat panels are treated with steam and then bent by a fabricator to
the desired shape, making what some refer to as bent plywood. In this case, the fabricator would need to
use flat panels that comply with the ATCM. Curved
skateboard decks, snowboard decks, dive boards, and curved laminate “skim
boards” are examples of curved or bent plywood and would be exempt from our
regulation.
18. Does the ATCM apply to bamboo flooring? Flooring consisting solely of bamboo veneers
does not fall under the ATCM because such flooring is not specified in the
ANSI/HPVA HP-1-2004 standard for hardwood and decorative plywood, which lists
selected hardwoods and softwoods. The
definition of hardwood plywood in the ATCM specifies that face veneer would
consist of hardwood or decorative softwood.
Since bamboo is a grass, plywood made from bamboo is exempt from the
regulation at this time.
Flooring that consists of a veneer of bamboo laminated to a platform would be considered to be a laminated product under the ATCM. In this case, if the platform contains a composite wood product, the platform must comply with the ATCM.
Flooring that consists of a veneer of bamboo laminated to a lumber-core platform is not subject to the regulation as it does not meet the definition for either veneer core or composite core hardwood plywood (please also see question #20).
What if bamboo is used for a flooring product, as fibers for particleboard or MDF? Bamboo particles or fibers used to make PB or MDF falls into the definition of cellulosic materials used to make these products, therefore bamboo PB and bamboo MDF are required to be third party certified.
19. If I am a retail store owner and I acquire displays to be used
by me and not sold to the public, do the displays need to be made from CARB
certified composite wood products? Yes. Displays
containing composite wood products are finished goods and must meet the
requirements for finished goods. All
displays (finished goods) sold into
Note: Fabricators that are selling and/or supplying finished goods for display purposes to a downstream client, (even though these items are not intended for resale by that downstream client) are required to be compliant with the applicable emission standard and a statement of compliance must be provided on the bills of lading or invoices for products intended for sale or supply to California. Fabricators fall under the applicability provision in the ATCM § 93120 (c) (4) available at: http://www.arb.ca.gov/regact/2007/compwood07/fro-final.pdf.
20. Is lumber core product subject to the regulation? Hardwood plywood (HWPW) with lumber core is exempt from the regulation. The ATCM has two HWPW standards, neither of which includes lumber core: one for HWPW with veneer core and one for HWPW with composite core. Veneer core is clearly not a lumber core, and composite core is defined in the regulation as particleboard or medium density fiberboard (MDF) or one of these in combination with veneer (combination core).21. How are warranty stocks (also known as
replacement parts) considered under the regulation? Existing
stocks of replacement parts may be sold indefinitely. No labeling is requi
Replacement parts, as well as components parts that are sold and/or supplied as individual items (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.
If component parts and/or warranty stocks that are supplied to a fabricator (e.g., from a fabricator of component parts) and will be used in a finished good, component parts 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.
22. Is MDF made by a “wet forming” process subject to the ATCM? MDF mats can be manufactured by either wet or dry forming processes. In “wet forming,” the fibers are carried in a water suspension and the product is often made without an adhesive. In “dry forming,” the fibers are transported by air and a resin is added to form the fiber mat. The ATCM defines MDF as “… panels composed of cellulosic fibers made by dry forming and pressing of a resinated fiber mat (ANSI A 208.2-2002).” As MDF panels made by “wet forming” are not specified in the ATCM, they are not subject to the requirements of the ATCM.
23. The ATCM excludes
certain types of structural plywood from the definition of composite wood
products, namely those meeting the Voluntary Product Standards for Structural
Plywood (PS 1) and Wood-based Structural-use Panels (PS 2). Are other types of structural plywood, such
as those made to comply with standards other than PS 1 or PS 2, also excluded
from the definition of composite wood products?
CARB
excluded structural plywood products that conform to the PS 1 or PS 2 standards
that are used for a variety of structural applications in
Product
standards for composite wood panels in countries outside of the
24. Would structural plywood that is a “downfall”
(products that do not meet all the required properties of PS1 or PS2 structural
plywood) be exempt from the ATCM? No, structural plywood
“downfall” is not exempt from the requirements of the ATCM. From a formaldehyde emissions standpoint, it
is likely that downfall is also a low emitting product, but from an enforcement
perspective, the sale and supply of uncertified and unmarked structural plywood
products to
25. Is hardboard, made to
standards other than ANSI A 135.4-2004, subject to the ATCM? Similar to PS 1 and PS 2 structural plywood, we
recognize that hardboard is made in other parts of the world to comply with
standards established for region-specific needs. CARB staff continues to evaluate
international standards and have determined at this time that hardboard
complying with European EN 13986 standard will also be considered as exempt
under the ATCM. Only hardboard that is
marked in commerce as compliant with the EN 13986 standard is also exempt from
the requirements from the ATCM.
B. Economics
26. What is the estimated cost of the formaldehyde
regulations to the taxpayers of
27. What are the
estimated costs of the regulations to
C. Emission Testing
28. Why is emission testing required? Manufacturers of
hardwood plywood, particleboard, and medium density fiberboard are required to
conduct emission testing of their products to verify that the products comply
with the emission standards in the ATCM.
29. What defines a reasonable correlation from manufacturer to third party certifier testing? CARB staff is relying on third party certifiers to establish a correlation between the manufacturers’ routine quality control testing and the third party certifier’s primary or secondary test method, based on a minimum of five data pairs.
30. Will CARB supply
correlations for small-chamber-to-large-chamber and
desiccator-to-large-chamber? No. The
correlations will be calculated by the manufacturer of composite wood products
based on the primary or secondary test method data received from a third party
certifier (see FAQ section L), under the requirements established by CARB.
31. The dynamic micro-chamber (DMC) is used extensively in the composite
wood industry. Will it be CARB approved
using the InterScan sensor? The use
of the dynamic micro-chamber (DMC) as an alternate small scale test
method for conducting formaldehyde emission testing for composite wood products
has been approved by the CARB Executive Officer. For further information, please refer to the
following link at: http://www.arb.ca.gov/toxics/compwood/outreach/dmc.pdf.
32. What would constitute an acceptable demonstration of compliance for a manufacturer of a very low emitting product? Testing is required of composite wood products made with no-added formaldehyde (NAF), or ultra-low emitting formaldehyde (ULEF) resins. Testing is required for three months for NAF products and six months for ULEF products. Upon CARB approval, NAF and some ULEF products are exempt from on-going testing; other ULEF products may be granted a reduction in frequency for on-going testing.
33. Can testing of finished furniture products conducted for non-CARB-approved emission standards be considered reasonable prudent precautions under the rule? Testing of furniture products for the non-CARB approved emission standards would not constitute reasonable prudent precautions. A finished good could be made with non-complying composite wood, but due to the application of a laminate or a coating, products may be able to pass the non-CARB approved emission standards. If CARB were to deconstruct the piece of furniture and conduct our finished product testing, we would find that it contained non-complying composite wood products.
34. Can a manufacturer use a small emissions chamber as a routine quality control test method? Yes, but a small chamber needs to be correlated to the primary or secondary test method. Manufacturers may deem a small emissions chamber as equivalent to a primary method. Small chambers deemed equivalent cannot be used by manufacturers for verification quarterly tests for certification purposes. Quarterly tests must be conducted by the respective third party certifier of the given manufacturing mill.
35. Will CARB accept E1 boards as meeting the
Phase 1 standard? No. While CARB’s 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
36. What is the difference between primary testing, secondary testing, and the quality control testing conducted by a manufacturer? Manufacturers of composite wood products are required to conduct small scale quality control testing of their products at the manufacturing plant to ensure that their panels do not exceed the applicable emission standards. Appendix 2 of the ATCM states that manufacturers have three options for conducting quality control testing: a desiccator (ASTM D 5582-00), a small chamber (D 6007-02), or an alternative small scale test that can be shown to correlate to the primary or secondary test methods. The primary and secondary test methods are used by third party certifiers to verify compliance of manufacturers with the applicable emission standards. Certifiers work with manufacturers to establish correlations between the manufacturer’s small scale quality control tests and the primary or secondary methods. Certifiers have the option of using either the primary or the secondary method. The primary method is defined as the large chamber test method (ASTM E-1333-96(2002)). The secondary test method consists of operating a small emissions chamber (ASTM D 6007-02) that has been deemed equivalent to a large chamber following the procedures specified in the ATCM.
37. For hardwood plywood with a composite core (HWPW-CC), does the core need to be tested and certified as complying with the applicable emission standard? Unless the core is being offered for sale separately, it does not need to be tested. Only the HWPW-CC needs to be tested and certified as complying. However, if the HWPW-CC is being sold as having been made with no-added formaldehyde (NAF) resins, the NAF designation applies to the entire composite wood product (the core and the resins used to affix the veneers) and in that case the core would need to be tested as part of the NAF product demonstration.
D. Enforcement
38. When enforcing the regulations, will CARB
require the retailer to produce chain-of-custody documents even if product
emissions are compliant? Would this be a
punishable violation of regulations? Yes.
Recordkeeping is an important part of the ATCM. In the course of inspecting a
retailer, we can ask to see the chain-of-custody documents that verify the
emission characteristics of the products being offered for sale.
39. In what form and how long are records required to be kept? Records must be kept in electronic or hard copy form for a minimum of two years and provided to CARB or local air district personnel upon request.
40.
How will CARB police wood products sold into
41. There are serious questions about enforcement especially as in regard to overseas mills and importers that have not been clearly addressed. CARB staff has been clear that they will follow the chain of custody whenever there are non-compliant boards and will go all the way back to the producer if necessary.
How
far will CARB go for boards produced overseas? In the case of noncompliant products
being imported from oversees, it will most likely be the importer who will be
liable as they are bringing the goods into
Who
does Enforcement Division intend to hold responsible? Would the importer
be ultimately accountable? It is likely that in most cases the
importer will ultimately be held responsible as they are bringing the goods
into
Will an importer who happens to be a good faith
purchaser, obtaining all the required documentation be at more fault than a
distributor who purchases from a domestic mill? No. Any party bringing noncompliant goods
into
Does it matter if the importer is importing raw board or a finished product (furniture)? All composite wood products, including raw boards and finished goods containing composite wood products, are required to comply with the ATCM and will be equally enforced.
42. In order to be best prepared for a potential inspection, where and what type of information should be readily available for fabricators and retailers? With regard to potential inspections, fabricators and retailers need to keep records to show they’ve taken “reasonable prudent precautions” to ensure compliance. These records need to be kept in hard copy or electronic form and must show that the fabricators and retailers instructed their suppliers of the need for complying products. The fabricators and retailers must also keep records to show that their suppliers have stated that the products being provided comply with the formaldehyde emission standards.
43. How will CARB test pre-assembled case goods made of composite wood products (e.g., a small table) that are painted, with no edges unsealed? We would purchase the case goods, deconstruct it, remove the paint, and test the exposed composite wood product surface using our secondary test method. CARB staff is currently developing a sample preparation protocol to be followed to remove the layer of paint or laminate, and then will determine what emission levels distinguish compliant versus non-compliant composite wood products.
44. We make furniture using structural plywood, which is all internal and not visible in the finished furniture. What records do we need to keep to demonstrate that we are not using regulated composite wood products (PB, MDF, HWPW)? Structural plywood that meets the NIST (National Institute of Standards and Technology) PS 1-07 or NIST PS 2-04 standard is excluded from the definition of composite wood products in the ATCM and is therefore exempt and no records are required to be kept by the ATCM. However, fabricators would be advised to keep invoices to show that the composite wood they use is in fact structural plywood and not hardwood plywood.
E. Exemptions
45. Are manufactured homes or mobile homes
subject to the ATCM? The ATCM does not apply to hardwood plywood or particleboard
manufactured, sold, supplied for installation, or installed in manufactured
homes subject to the United States Department of Housing and Urban Development
regulations. However, the ATCM does
apply to any MDF and thin MDF products installed in manufactured homes
designated for sale in
46.
Military is exempt. What about federal
government institutions such as UNICOR that manufactures furniture for
government offices and the military? Military specified plywood is exempt from the
ATCM. If UNICOR is manufacturing
furniture for government offices, they would be considered a fabricator under
the ATCM for products sold to
47. The ATCM includes an exemption for windows. Does the exemption include bay windows? Yes. Requirements for fabricators include an exemption for any windows if the window product contains less than five percent by volume of hardwood plywood, particleboard, or medium density fiberboard combined in relation to the total volume of the finished window product. The definition of a window specifies that a frame includes jambs, stiles, sashes, and rails, and excludes sills, window headers and window seats. Because sills, window headers, and window seats are excluded from the definition of a frame, they cannot be factored into the exemption. Therefore, if sills, window headers, and window seats contain composite wood, the composite wood must comply with the ATCM and the finished window product must be labeled appropriately.
48. Other than windows,
what other exemptions does the ATCM contain? Exemptions
from the ATCM have also been provided for exterior doors and garage doors if
these products contain less then 3 percent by volume of hardwood plywood,
particleboard, or medium density fiberboard combined, in relation to the total
volume of the finished door product made from composite wood products. Finished goods made by local government
agencies and school districts that are not offered for sale in
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 manufacturer’s 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
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 manufacturer’s 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 manufacturer’s, importer’s, or distributor’s sell-through 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.
62. Certain overseas mills are following
63. Must the
fabricator’s 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 fabricator’s 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
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. Fabricator’s 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
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
66. How many other states have contacted you
(CARB) about this regulation? We have been
contacted by two states,
67. Are reload warehouses classified as a distribution warehouse or a
manufacturing warehouse? Example: take
rail cars of product to a reload warehouse and distribute truckloads from
there. All warehouses are owned by
independent third parties and are established as separate business entities
from manufacturing companies. Reload warehouses would be considered as
distributors who must take reasonable prudent precautions to ensure that
compliant products are purchased for resale to
68. Is an “installer” of architectural woodwork
and miscellaneous cabinetry (e.g., on-site milling and matching, setting up,
installing, adjusting, positioning, etc.) responsible for recordkeeping under
the ATCM? No.
The ATCM does not apply to business entities that install cabinetry for
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
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.
71. Are refurbished products regarded as used products? Refurbished or reconditioned items are not sold as new. Hence, they would fall under “used goods’ and not be covered by the regulation.
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
73. Can noncompliant
composite wood panels and/or finished goods be donated after the expiration of
an applicable sell-through period? No. Business entities may not opt for
donating their noncompliant inventories.
In the ATCM (California Code of Regulations, title 17, Section 93120
(b)), the purpose is stated as “…..the purpose of this airborne toxic control
measure is to reduce formaldehyde emissions from composite wood products, that are
sold, offered for sale, supplied, used, or manufactured for sale in
California. By making donations, a
business would be “supplying” noncompliant products and potentially exposing
the
74. Are travel goods, including backpacks, luggage, leather goods, business
and travel accessories, handbags, business and computer cases etc., that
contain small amount of composite wood products would be subject to the
ATCM? Why do I have to use compliant materials
if linings and other durable materials fully encapsulates the composite wood
products? Under the ATCM, some items
such as backpacks, luggage, leather goods, business, and travel accessories,
etc., would be considered finished goods if they contain hardwood plywood,
medium density fiberboard, and/or particleboard. For these products, you would be subject to
the regulatory requirements, provided they are sold or supplied to the
The
ATCM does not allow exemptions for de minimus use in finished goods, other than
those specifically identified for windows and exterior doors (please see
question #47 & #48). The ATCM is an
example of pollution prevention because the strict surface formaldehyde
emission standards on composite wood panels will necessitate the use of
advanced resins systems that will either eliminate or chemically bind
formaldehyde, thereby preventing pollution before it occurs. Therefore, we do not view coverings as
emissions mitigation. At some point,
even covered high-emitting composite wood products will emit into the
atmosphere over time as products are worn and damaged. The broad applicability was necessary to
ensure that all fabricators of
I. No-added Formaldehyde (NAF) and Ultra-low Emitting
Formaldehyde (ULEF) Products
75. I make a veneered raised panel door. If the MDF core meets the NAF/ULEF (no-added
formaldehyde/ultra-low emitting formaldehyde) standard, but the splices in the
veneer are glued with UF, will it still meet the NAF/ULEF standard? The "NAF" and “ULEF” designation applies only to
manufactured HWPW, PB, or MDF panels and not to finished goods, such as doors.
76. The CARB regulation will drive an increase in use of NAF adhesives. Some of these adhesives emit substances that
are irritating, harmful, and/or hazardous to the human body. An example is free MDI radicals - what is
being done to address concerns like this? The ATCM is based on emissions
performance standards, which does not dictate resins to be used. We cannot predict whether the use of NAF
adhesives will increase as a result of the regulation, given the technological
advancements with low-emitting urea formaldehyde resins (ULEF). When a manufacturer applies to CARB for
certification, we will review the chemical composition of the NAF resin to
determine adequacy of use, we may also seek additional information from the
applicant to clarify our assessment of the candidate NAF. Furthermore, manufacturing facilities are also
typically regulated as stationary sources of emissions. The use of a particular resin, such as MDI,
may be regulated by the local or state agencies that issue permits to
stationary sources or regulate occupational exposure to chemicals.
77. Would a phenolic-formaldehyde (PF) platform or particleboard core overlaid with hardwood veneer with PVA be considered a NAF? No. The NAF designation refers to HWPW, PB, and MDF panels made with a NAF adhesive. However, such a composite core plywood could be tested and would probably meet the emissions requirements to be considered a ULEF resin.
78. Is there concern
that manufactured products using NAF/ULEF adhesives will act as sponges for
formaldehyde when stored next to manufactured products using UF adhesives
(e.g., Big Box retail storage)? Not necessarily.
We will be able to determine if the NAF/ULEF products were made with the
proper resins, and if the retailer has the proper documentation on-site for
both the NAF and ULEF products. In
addition, the sample preparation conditioning requirements of ASTM D 6007-02
(small chamber) and ASTM E 1333-96 (large chamber) is designed to address contamination by other
products, by achieving a steady state emission rate prior to measuring the
formaldehyde from the NAF/ULEF product.
79. Will CARB randomly test product from manufacturers that are using
NAF/ULEF adhesives that have exemptions from the Executive Officer? Yes. The integrity of the program depends on
consumers having certainty that the products meet the low emission standards
and there is an effective compliance program.
80. NAF/ULEF exclusive use: Is that just for products for
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.
J. Public Health
82. Formaldehyde emissions are significantly lower today compared to say 20
years ago on average. Why regulate
composite wood products particularly when most raw board is finished or
laminated that encapsulates formaldehyde? Studies show that formaldehyde emissions
occur from both laminated and unlaminated boards and that current exposures
still result in a public health threat. In our view, until the formaldehyde
content of the board is reduced, the health risks from exposure to formaldehyde
continue to exist. In the interest of public health protection, action is
needed to lower formaldehyde contents from composite wood products, which have
been identified as major source of formaldehyde in the context of total daily
exposure to the general public.
83. What is the target population you are trying to protect? If it is the end users, wouldn't finished
goods be the only products to regulate? Why target raw panels that will be laminated
(industrial grade)? The target population is the citizens of
84. What are the specific goals of the proposed regulations and lower
formaldehyde emissions? Improved air
quality? By what measure will it be
improved? Reduced risk of cancer? By what percent? The specific goal of the
proposed regulation is to reduce formaldehyde emissions from HWPW, PB, and MDF
through the application of Best Available Control Technology (BACT), in
consideration of technological feasibility and cost. Improved air quality is a
resulting benefit, and implementation of the Phase 2 standards are projected to
lead to a reduction in statewide formaldehyde emissions of 500 tons per year. Reduced risk of cancer from formaldehyde
exposure is also a resulting benefit, and implementation of the Phase 2
standards is estimated to reduce excess cancer cases per million people from
formaldehyde exposure by about 40%.
85. In the beginning of this Best Available Control Technology (BACT)
assessment, the limit was going to be on "unreacted UF molecules." Now it is formaldehyde as a whole, yet PF is
one of your (CARB) recommended alternatives. Is this not a contradiction? It is our understanding that the major portion
of formaldehyde emissions from products made with UF resins is
"unreacted" formaldehyde. While
some formaldehyde may be released from previously bound molecules over time,
the amount of "unreacted" formaldehyde is known to be much lower in
products made with PF or NAF resins. Because
the chemical bonds formed by formaldehyde in PF resins are largely
irreversible, we believe that the use of PF resins will result in lower
formaldehyde emissions throughout the life of the composite wood products and
would be an effective alternative to the use of UF resin and an example of
ultra-low emitting formaldehyde (ULEF) resin system. Innovative ULEF resin systems, which are
based on urea-formaldehyde, resins with increased use of scavengers can be an
alternative as well, as increased use of scavengers mitigates free formaldehyde
emissions.
86. Does the new standard
distinguish between urea-formaldehyde and phenol- formaldehyde or for the sake
of the rule are they equally regulated? Under CARB staff's original proposed regulation,
they were treated equally as both having added formaldehyde and would not
qualify as "no-added formaldehyde" products. However, the final regulation includes
staff’s modifications to the original provision and allows ultra-low-emitting
formaldehyde-based resins (such as phenol-formaldehyde) to have reduced testing
requirements.
87. Is there a contingency plan or a review scheduled in the event that technology has not surfaced in time for Phase 2? We will be tracking the progress of the composite wood products industry with respect to the manufacture of products that comply with the Phase 1 and Phase 2 standards, and must make a report to our Board annually through 2012.
Phase 2 compliant products are already commercially available for hardwood plywood, particleboard and MDF in the international market. We believe that there will be widely used technologies available for all three products. For the list of mills that produce CARB-compliant composite wood products, please refer to the following website at: http://www.arb.ca.gov/toxics/compwood/tpc/listofmills.htm, also, the list of mills that are CARB-approved as users of no-added formaldehyde (NAF) and/or ultra-low-emitting formaldehyde (ULEF) resins are listed at the following link: http://www.arb.ca.gov/toxics/compwood/naf_ulef/listofnaf_ulef.htm.
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.
89. Will CARB supply manufacturers with a list of certified third party
testing facilities? We maintain a
list of approved third party certifiers on our website, currently we have
approved several third party certifiers, for more information on their contact
information please visit our website at: http://www.arb.ca.gov/toxics/compwood/listoftpcs.htm
90. Will the supply of testing facilities meet the demand of testing (from manufacturing) in a timely manner? Yes, currently the approved TPCs are meeting demand. It is our understanding that several certified testing facilities exist globally and several groups have expressed interest in creating more certified labs both domestically and internationally. CARB will make efforts to provide the necessary guidance and timely review of the applications from prospective third party certifiers.
91. What plans are in place to have certified third party testing facilities internationally? Of the 28 approved TPCs (as of August, 2009), most are providing international services. A list of approved TPCs is available at: http://www.arb.ca.gov/toxics/compwood/listoftpcs.htm.
92.
What has CARB done to address international stakeholders with respect to
third party certification? CARB approached this issue in three steps. Initially, CARB conducted an outreach to
major international stakeholders and to the regulated community abroad. Staff traveled to
93. My company is currently accredited to be a product certifier (e.g, ISO 65), testing laboratory (e.g., ISO 17025), and inspection body (e.g., ISO 17020), and we have years of experience in inspecting composite wood products mills and testing formaldehyde emissions from panels. The scope of our ISO/IEC 17025 includes ASTM D 6007, but does not include ASTM E 1333. Do we have the qualifications to be a CARB-approved Third Party Certifier? Your company can qualify as a TPC if your secondary method (ASTM D 6007) has been deemed equivalent to the primary method (ASTM E 1333), in accordance with title 17, California Code of Regulations, section 93120.9 and the data is included as part of the TPC application. Unless your ASTM D 6007 chamber is equivalent, it cannot be used to verify panel emission levels, for purposes of the ATCM. If you are in the process of establishing equivalence with an ASTM E 1333 chamber, your application may be submitted, but will be deemed “incomplete”. Please note that the demonstration of equivalence will require you to perform the required comparison testing with an ASTM E 1333 chamber operated by a CARB-approved testing laboratory before an approved Executive Order can be granted. A demonstration of equivalence made with a testing laboratory that has not received CARB-approval will not be accepted as valid, for purposes of the ATCM.
94. Appendix 2 of the
ATCM contains sell-through provisions and the dates that apply to entities
affected by the regulation. The
sell-through dates that apply to fabricators give them up to eighteen months
after each of the specified effective dates to use, sell, supply, and offer for
sale a finished good containing a composite wood product that does not comply
with the applicable emission standard.
Can a fabricator purchase non-complying composite wood during the
sell-through period? Only for a limited time
as described later in this paragraph.
The regulation states that all composite wood purchased for use or sale
in
Distributors* of panels have until September 30, 2009 and retailers* of panels have until April 30, 2010 to sell inventories of HWPW-VC, PB, and MDF panels produced prior to the Phase 1 effective date. The inventories of composite wood products sold by manufacturers, importers, distributors, or retailers during their sell-through periods would be legal for purchase by fabricators. We recommend that fabricators maintain documentation to demonstrate that such composite wood products were produced prior to the applicable effective dates.
* Please note that the Regulation provides a five-month sell-through period for distributors and a twelve-month period for composite wood panel retailers. Due to the downturn in home construction and slower movement of noncomplying inventories, CARB provided a four-month enforcement grace period for distributors and retailers of HWPW-VC, PB, and MDF panels for the Phase 1 compliance period in order to assist with regard to selling these noncomplying inventories. For more information concerning the extension of sell-through dates for distributors and retailers of panels, please refer to our regulatory advisory available at: http://www.arb.ca.gov/toxics/compwood/outreach/advisories.htm
95. Do “sell-through” periods apply only to existing inventory (i.e., retailer can sell non-compliant products from existing inventory for a period of time if produced before effective date), or can a store also continue to buy non-compliant products during the sell-through period? This depends on the product and/or what materials are used in a finished good. Using particleboard as an example, retailers of raw panels can buy pre-Phase 1 particleboard panels from distributors through September 30, 2009. Retailers would have until April 30, 2010 to sell these panels to consumers.
For finished goods containing pre-Phase 1 particleboard, the last day that retailers could buy or sell those goods is June 30, 2010.
For more information on the sell-through provisions and tables summarizing the various sell-through dates, please refer to our website at: http://www.arb.ca.gov/toxics/compwood/outreach/advisories.htm (Documents 09-01 Revised and 09-03).
96. The sell-through period for fabricators is eighteen months. In the case of a cabinet maker, what does this sell-through period apply to? A cabinet maker has eighteen months after each of the specified effective dates to: a) make and then sell finished goods using non-complying composite wood that was on-site in storage, b) make and then sell finished goods using non-complying composite wood that was purchased from a manufacturer, importer, distributor, and/or retailer during their applicable sell-through period, or c) sell cabinets that were made prior to the applicable effective date.
97. The sell-through periods for fabricators of finished goods and retailers of finished goods are both eighteen months. Are these additive? No. The sell-through periods for fabricators of finished goods and retailers of finished goods are both eighteen months beyond the applicable effective dates.
