CARB COMPLIANCE WORKSHOP

1
CARB COMPLIANCE WORKSHOP

• What You Need to Know
• What You Need to Do
• Presented at the NWFA Manufacturer Assembly
• By Gary D. Gramp
• HPVA Technical Director
• December 17, 2008
• St. Louis, Missouri

2
CARB COMPLIANCE WORKSHOP

• What Everyone Needs to Know
• Formaldehyde emission standards
• Requirements for your industry sector
• Sell-through provisions
• Requirements for third-party certification of
  emissions exemptions from ATCM
• Recordkeeping, product labeling

3
CARB COMPLIANCE WORKSHOP

• What Everyone Needs to Do
• Comply with emission standards
• Recordkeeping
• Labeling
• Statements of compliance on bill of lading or
  invoice

4
PURPOSE OF ATCM

• The purpose of this airborne toxic control
  measure is to reduce formaldehyde emissions from
  composite wood products, and finished goods that
  contain composite wood products, that are sold,
  offered for sale, supplied, used, or manufactured
  for sale in California.

5
APPLICABILITY

• Manufacturers of hardwood plywood, particleboard,
  and medium density fiberboard (includes flooring
  manufacturers)
• Distributors of these composite wood products,
  and finished goods that contain them
• Importers of composite wood products and finished
  goods
• Fabricators that use composite wood products to
  make finished goods (includes flooring
  manufacturers)
• Retailers of composite wood products and finished
  goods

6
EXEMPTIONS TO ATCM

• Composite wood products or finished goods
  containing CWP manufactured, sold, offered for
  sale, or supplied for shipment outside California
• CWP used in manufactured homes subject to the HUD
  Manufactured Housing Standard

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CARB COMPLIANCE STANDARDS AND TIMETABLE
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IMPLEMENTATION DATES

• Regulation Driven
• Phase 1 HWPW-VC
• Phase 1 PB
• Phase 1 MDF
• January 1, 2009
• Phase 1 HWPW-CC
• July 1, 2009

• Customer Driven
• Clients requested Phase 1 compliant product by
  October 1, 2008, before the ATCM regulation
  effective dates

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HARDWOOD PLYWOOD

• Hardwood plywood includes
• Wall paneling
• Industrial panels
• Hardwood plywood panels used to make flooring
• Hardwood Plywood Does Not Include
• Laminated products
• Military specified plywood
• Curved plywood

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HARDWOOD PLYWOOD EXEMPTIONS

• Military specified plywood
• Curved plywood
• Laminated products
• Hardwood plywood manufactured by fabricators
• Championed by kitchen cabinet and furniture
  industries
• Competitive disadvantage to hardwood plywood
  manufacturers

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FABRICATOR

• Fabricator Definition
• Fabricator means any person that uses composite
  wood products to make finished goods.
  Fabricator includes producers of laminated
  products.
• Finished Goods Definition
• Finished goods means any good or product, other
  than a panel, containing hardwood plywood,
  particleboard, or MDF. Component parts are not
  finished goods, although they are used in the
  assembly of finished goods.
• Laminated Product Definition
• Laminated product means a finished good or
  component part of a finished good made by a
  fabricator in which a laminate or laminates are
  affixed to a platform. If the platform consists
  of a composite wood product, the platform must
  comply with the applicable emission standards.

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REQUIREMENTS FOR FABRICATORS

• Must take reasonable prudent precautions to
  ensure composite wood products and composite wood
  products contained in finished goods that they
  purchase are in compliance with the applicable
  emission standards specified in Section
  93120.2(a), and are labeled as complying with the
  applicable Phase 1 or Phase 2 emission limit.
  Reasonable prudent precautions include
• Instructing each supplier that the composite wood
  products being supplied are certified to meet the
  applicable emission limit and obtain written
  documentation from each supplier that they are in
  compliance (statement on suppliers invoices and
  Bill of Lading is the primary Chain-of-Custody
  proof)
• Keep records documenting the composite wood
  products used to manufacture the finished goods
  were in compliance
• Best approach may be to have independent
  formaldehyde emission verification testing done
  by a certified laboratory as a check (not
  required by regulation)

13
FABRICATOR

• Fabricator Exempt from Third-Party Certification
  for Manufacture of Laminated Products
• Section 93120.7(a)(3) - If the platform used by a
  fabricator to produce a laminated product
  consists of a composite wood product, the
  platform must comply with the applicable emission
  standards specified in Section 93120.2(a).
  (Platform must be third-party certified or use a
  CARB approved NAF or ULEF resin system).
• Fabricator not Exempt from Third-Party
  Certification for Manufacture of Composite Wood
  Products
• Fabricators manufacturing composite wood products
  exclusively for use by the fabricator in making
  finished goods must comply with all requirements
  of Section 93120.3(e). (Must be third-party
  certified or use a CARB approved NAF or ULEF
  resin system).

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SELL-THROUGH PROVISIONS

• Sector Dependent
• Controversial Statements Made by CARB Enforcement
  at AHFA Workshop

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SELL-THROUGH PROVISIONS

• Manufacturers of Hardwood Plywood 3-Month
  Sell-Through Period
• Veneer Core manufactured before 1/1/09 that does
  not comply with Phase 1
• May be sold, supplied or offered for sale by
  manufacturer until March 31,2009
• Veneer core manufactured on or after 1/1/09 must
  comply with Phase 1
• All veneer core used in California must comply
  with Phase 1 by 3/31/09

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SELL-THROUGH PROVISIONS

• Manufacturers of Hardwood Plywood
• 3-Month sell through applies to composite core
  hardwood plywood for Phase 1 and Phase 2 based on
  respective effective dates
• Manufacturers of Particleboard and MDF
• Same 3-month sell through periods for Phase 1 and
  Phase 2 based on effective dates

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SELL-THROUGH PROVISIONS

• Fabricator Sell-Through Provisions
• Finished goods containing composite wood products
  that does not comply with the Phase 1 and
  Phase 2 effective dates specified in section
  93120.2(a) may be used, sold, supplied, offered
  for sale by fabricators for up to eighteen months
  after each of the specified effective dates.

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SELL-THROUGH PROVISIONS

• Controversy at AHFA Workshop
• CARB Enforcement Division speaker says Phase 1
  sell-through provisions only apply to furniture
  manufactured before January 1, 2009.
• Hypothesis this interpretation mirrors
  requirement for all composite wood products
  manufactured after January 1, 2009 to meet Phase
  1 emission limits
• Reality if fabricators can purchase
  non-compliant board 3-months after effective
  date, it should be allowed for use in the
  manufacture of furniture which then has an
  18-month sell-through period
• Need interpretation from CARB

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SELL-THROUGH PROVISIONS

• Distributors
• Composite wood products 5 months after
  respective Phase 1 and Phase 2 effective dates
• Finished goods containing composite wood
  products 18 months after specified effective
  dates
• Importers
• Composite wood products 3 months
• Finished goods 18 months

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SELL-THROUGH PROVISIONS

• Retailers
• Composite wood products 12 months
• Finished goods 18 months

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SELL-THROUGH PROVISIONS SUMMARY
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PRODUCT LABELING

• Composite Wood Products
• Manufacturer Name
• Product complies with applicable Phase 1 or Phase
  2 emission standard or was made using NAF or ULEF
  resins
• Product lot or batch number
• ARB assigned number of approved third-party
  certifier (does not apply to manufacturers using
  ARB approved NAF or ULEF resins)
• Statement of compliance on bill of lading or
  invoice

23
PRODUCT LABELING

• Distributors, Importers
• If composite wood products or finished goods were
  not modified, no additional labeling required
• If composite wood products or finished goods were
  modified, labeling is the same as required for
  fabricators
• Retailers
• No labeling requirements

24
PRODUCT LABELING

• Fabricators
• Must label all finished goods containing hardwood
  plywood, PB, or MDF to be sold or supplied to
  California
• Label must be applied as a stamp, tag, sticker,
  or bar code on every finished good produced or on
  every box containing the finished good

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PRODUCT LABELING

• Fabricators
• Label must include
• Fabricators name
• Date finished good was produced
• Marking to denote finished good manufactured with
  composite wood products compliant with Phase 1 or
  Phase 2, or manufactured with CARB approved NAF
  or ULEF resins
• Statement of compliance to applicable emission
  standards on bill of lading or invoice

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RECORDKEEPING

• Composite Wood Products
• Starting January 1, 2009, must keep records of
  all quality assurance emissions test data for
  each product
• Manufacturers using CARB approved NAF and ULEF
  resins must keep records documenting ARB approval
• Records must be kept in hard copy or electronic
  form for two years

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RECORDKEEPING

• Composite Wood Products
• Records kept for two years must include
• Tracking information to allow a product to be
  traced to a specific lot or batch
• Product information
• Purchaser information
• Transporter information
• Identification of ARB approved TPC
• Disposition of non-complying lots

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RECORDKEEPING

• Distributors, Importers, Fabricators, Retailers
• Date of purchase
• Supplier
• Document precautions ensuring compliant materials
  were purchased or sold
• Electronic or hard copy for at least two years
• Available to ARB or local air district personnel
  on request

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93120.3 Requirements for Hardwood Plywood

• Emission Standards

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93120.3 Requirements for Hardwood Plywood

• Three Ways to Demonstrate Compliance
• Third-Party Certification of Phase 1 and Phase 2
  emission limits for urea-formaldehyde resins
• Use of No-Added Formaldehyde (NAF) resins
• Use of Ultra-Low-Emitting Formaldehyde (ULEF)
  resins

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93120.3 Requirements for Hardwood Plywood

• Requirements for U-F Resins
• Except as provided for in the sell-through
  provisions, all hardwood plywood sold after Phase
  1 and Phase 2 effective dates must comply with
  emission standards
• Emissions must be verified by a third-party
  certification agency

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93120.3 Requirements for Hardwood Plywood

• Requirements for NAF Resins
• Requires written approval from Executive Officer
• Application must include
• Statement on which product types will use NAF
• Chemical formulation
• Name of ARB approved TPC that developed data
• Three-months of quality control data, one result
  from a primary or secondary method, and the
  correlation between the two

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93120.3 Requirements for Hardwood Plywood

• Requirements for NAF Resins
• 90 percent of QC data correlated to the
  primary/secondary test method and results from
  one primary/secondary test must be 0.04 ppm
• All QC data must correlate to 0.05 ppm
• May take up to 135 or more days for approval

34
93120.3 Requirements for Hardwood Plywood

• Requirements for Exemption of Ultra-Low-Emitting
  Formaldehyde (ULEF) Resins from TPC
• Requires written approval from Executive Officer
• 90 percent of six months correlated QC data and
  results of two primary or secondary method tests
  must be 0.04 ppm
• All correlated data must be 0.05 ppm
• May take up to 135 days or more for approval

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QUALITY ASSURANCE FOR MANUFACTURERS

• Manufacturer is Responsible for Performance of
  All Certified Products
• Quality Control Manual
• Organizational structure of QC department
• Sampling Procedures
• Sample handling
• Frequency of small scale QC testing
• Procedures to identify changes in emissions
• Provisions for additional testing
• Recordkeeping requirements
• Average of resin press time for each product

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QUALITY ASSURANCE FOR MANUFACTURERS

• Quality Control Facilities
• Laboratory facilities and test equipment shall be
  provided to conduct emission testing
• Alternative Contract with an approved TPC
  laboratory
• Quality Control Personnel
• QC Manager
• Person with adequate experience or training to be
  responsible for formaldehyde emission quality
  control
• Reports to plant manager and third-party certifier

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QUALITY ASSURANCE FOR MANUFACTURERS

• Quality Control Personnel
• QC Employee
• Shall have adequate experience or training to
  conduct accurate chemical quantitative analysis
  testing
• Must be certified annually by the TPC for
  conducting QC tests

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QUALITY ASSURANCE FOR MANUFACTURERS

• Primary or Secondary Test Methods
• Initial Qualifying Testing
• Each product type from each production line must
  be tested using a primary or secondary test
• Manufacturers may group two or more product types
  together if they have similar emission
  characteristics
• Potential pitfall one fails all fail
• May be issue with TPC, e.g. imported platforms

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QUALITY ASSURANCE FOR MANUFACTURERS

• Primary or Secondary Test Methods
• Correlation of primary/secondary tests and small
  scale test
• Must establish statistical correlation for each
  product type and production line
• Minimum sample size of five data pairs
• Question do the five data pairs have to be
  developed before January 1, 2009?
• Would result in at least five chamber tests and
  at least 15 QC tests per product type for each
  mill.

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QUALITY ASSURANCE FOR MANUFACTURERS

• Primary or Secondary Test Methods
• Subsequent Primary or Secondary Testing
• Quarterly Chamber Tests
• Based on QC data
• Product deemed to have the highest potential to
  emit
• Manufacturer may group two or more product types
  if they have similar emissions
• Failure will result in lapse in certification for
  all grouped products
• Question does this imply a quarterly test is
  required for each product type?

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QUALITY ASSURANCE FOR MANUFACTURERS

• Primary or Secondary Test Methods
• Subsequent Primary or Secondary Testing
• Failure of Primary or Secondary Test
• Certification of product type is suspended until
  re-qualification
• TPC must notify manufacturer and CARB
• If primary or secondary test method differ from
  small scale test result, primary/secondary test
  result is benchmark value
• Re-qualification must be conducted on same
  product type that failed
• Certification may be reinstated if each panel is
  treated to reduce emissions and pass a re-test
  within six months of original failure

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QUALITY ASSURANCE FOR MANUFACTURERS

• Small Scale Quality Control Tests in Plant
• Must be conducted for each product type and
  production line
• Must be conducted in the plant or by a contract
  laboratory
• Unless prior notice is given, all lots of each
  product type being certified must be tested
• Results must be reported to TPC

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QUALITY ASSURANCE FOR MANUFACTURERS

• Small Scale Quality Control Tests in Plant
• Approved Small Scale Test Methods
• ASTM D 5582 (Desiccator)
• ASTM D 6007 (Small Chamber)
• Alternative small scale tests that correlate to
  the primary or secondary test method and are
  approved by the Executive Officer

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QUALITY ASSURANCE FOR MANUFACTURERS

• Small Scale Quality Control Tests in Plant
• Correlation of small scale QC tests to primary or
  secondary test methods
• Based on minimum five data pairs
• If data varies from previous correlation,
  manufacturer must work with certifier to
  determine if change is statistically significant
• If significant, new correlation must be
  established

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QUALITY ASSURANCE FOR MANUFACTURERS

• Small Scale Quality Control Tests in Plant
• Quality Control Limit
• For each product type and production line
• Based on correlation between primary/secondary
  test method and small scale QC test
• Correlates to a primary/secondary test result
  that will not exceed the applicable emission
  standard for Phase 1 or Phase 2

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QUALITY ASSURANCE FOR MANUFACTURERS

• Testing Frequency

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QUALITY ASSURANCE FOR MANUFACTURERS

• Testing Frequency
• Quality control samples shall be analyzed within
  a period of time specified in the Quality Control
  Manual to avoid shipping of non-complying lots

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Small Scale Quality Control Tests in Plant

• Non-Complying Lots
• Any lot with a test value that exceeds the
  applicable standard
• Must be isolated from other certified lots
• May be re-certified by treating with scavenger or
  use of other means to reduce formaldehyde and
  re-testing
• If manufacturer does not re-certify, lot may not
  be labeled for sale in California
• If already labeled, label must be removed

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Small Scale Quality Control Tests in Plant

• Non-Complying Lots
• Small Scale Retesting
• At least three panels from three separate bundles
• Each panel shall be tested using plants small
  scale quality control test
• Average of three samples must test below the
  quality control limit
• If lot can not be recertified, certifier must be
  notified promptly in writing

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Small Scale Quality Control Tests in Plant

• Plant Reporting
• Each manufacturer must maintain product data
  reports for each plant, production line, and
  product type
• Copies must be submitted to certifier at least
  monthly
• Report must include
• Quality control limit
• Results of quality control tests
• Retest values

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Small Scale Quality Control Tests in Plant

• Recordkeeping
• Complete records must be kept documenting
• Small scale test results with testing frequency
• Production sequence
• Changes in resin percentage
• Increases in u-f mole ratio
• Changes in press time more than 20
• Testing of QC employees
• Disposition of non-conforming products
• Records must be maintained at least 2 years

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Recommendation

• GET A COPY OF THE REGULATION!
• http//www.arb.ca.gov/regact/2007/compwood07/compw
  ood07.htm
• Contact Information
• Gary D. Gramp
• gramp_at_hpva.org
• 703-435-2900, Ext. 115
• THANK YOU!

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American National Standard for Engineered Wood
FlooringANSI/HPVA EF 2002Revision
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EF 2002 Revision

• Primary Proposed Changes to the Engineered Wood
  Flooring Standard
• Added a definition of Engineered Wood Flooring
• Added other definitions
• Bow
• Character
• End Lift
• Flatness
• Twist
• Adopts CARB formaldehyde emission limits
• Added new Table section on flatness requirements
• New Table on moisture content of wood
• Prohibits use of illegally logged wood

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Links to the CARB Website

• For a copy of the final regulation
• http//www.arb.ca.gov/regact/2007/compwood07/fro-f
  inal.pdf
• For the latest information, interpretations, and
  updates on the regulation (this is likely the
  best source as you can get almost any information
  you need through links on this page)
• http//www.arb.ca.gov/toxics/compwood/compwood.htm
  
• To listen to Webinars, including one for
  Fabricators
•  
• http//www.arb.ca.gov/toxics/compwood/workshops.ht
  m