Cal. Code Regs. tit. 17 § 93120.1

Current through Register 2024 Notice Reg. No. 21, May 24, 2024
Section 93120.1 - Definitions
(a) For the purposes of this Airborne Toxic Control Measure, the following definitions shall apply:
(1) "ANSI" means the American National Standards Institute.
(2) "ARB" means the California Air Resources Board.
(3) "ASTM" means the American Society for Testing and Materials.
(4) "Batch" means the amount of composite wood product manufactured during a shift (8 or 12 hours, plus or minus one hour of production).
(5) "Combination core" means a platform for making hardwood plywood that consists of a combination of layers of veneer and particleboard or medium density fiberboard.
(6) "Component part" means a fabricated part that contains one or more composite wood products and is used in the assembly of finished goods.
(7) "Composite core" means a platform for making hardwood plywood or laminated products that consists of particleboard and/or medium density fiberboard, or combination core.
(8) "Composite wood products" means hardwood plywood, particleboard, and medium density fiberboard. "Composite wood products" does not include hardboard, structural plywood as specified in the "Voluntary Product Standard -- Structural Plywood" (PS 1-07), structural panels as specified in the "Voluntary Product Standard -- Performance Standard for Wood-Based Structural-Use Panels" (PS 2-04), structural composite lumber as specified in "Standard Specification for Evaluation of Structural Composite Lumber Products" (ASTM D 5456-06), oriented strand board, glued laminated timber as specified in "Structural Glued Laminated Timber" (ANSI A190.1-2002), prefabricated wood I-joists as specified in "Standard Specification for Establishing and Monitoring Structural Capacities of Prefabricated Wood I-Joists" (ASTM D 5055-05), finger-jointed lumber, or "composite wood products" used inside of new vehicles as defined in section 430 of the California Vehicle Code (excluding recreational vehicles), rail cars, boats, aerospace craft, or aircraft.
(9) "Distributor" means any person to whom a composite wood product or finished good is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers and retailers are not "distributors."
(10) "Door" means a finished good used to close off a room, closet, or entrance. A "door" moves on hinges, slides or rotates, and consists of a movable panel or combination of panels, and may include component parts.
(11) "Executive Officer" means the "Executive Officer" of the California Air Resources Board, or his or her delegate.
(12) "Fabricator" means any person that uses composite wood products to make finished goods. "Fabricator" includes producers of laminated products.
(13) "Facility" means any site where composite wood products or finished goods are manufactured, tested, used, supplied or offered for sale, or sold in California. "Facility" includes, but is not limited to, manufacturing plants, testing laboratories, distribution centers, fabricator shops, warehouses, and retail stores.
(14) "Fiber" means the slender threadlike elements of wood or similar cellulosic material, which can be separated by chemical and/or mechanical means, such as pulping, and can be formed into panels.
(15) "Finished goods" means any good or product, other than a panel, containing hardwood plywood, particleboard, or medium density fiberboard. Component parts are not "finished goods," although they are used in the assembly of finished goods. "Finished goods" do not include used goods such as antiques or second-hand furniture. For the purposes of this subsection, a "used good" means a "finished good" that has previously been sold or supplied to the ultimate purchaser. "Ultimate purchaser" means the first person who in good faith purchases or acquires a "finished good" for purposes other than resale.
(16) "Formaldehyde" means a colorless gas at room temperature that at elevated concentrations has a strong, pungent odor and can be irritating to the eyes, nose, and lungs (i.e., CAS No. 50-00-0).
(17) "Hardboard" means a composite panel composed of cellulosic fibers, made by dry or wet forming and hot pressing of a fiber mat with or without resins, that complies with one of the following ANSI standards: "Basic Hardboard" (ANSI A135.4-2004), "Prefinished Hardboard Paneling" (ANSI A135.5-2004), or "Hardboard Siding" (ANSI A135.6-2006).
(18) "Hardwood" means the wood of a deciduous broad-leafed tree. Examples of "hardwoods" include, but are not limited to, aspen, birch, and oak.
(19) "Hardwood plywood" (HWPW) means a panel composed of an assembly of (A) hardwood layers or plies of veneer or (B) veneers in combination with a platform consisting of lumber core, composite core, a special core material, or special back material, joined with an adhesive. The face veneer may be composed of a hardwood or decorative softwood species (ANSI/HPVA HP-1-2004). "Hardwood plywood" includes wall paneling, industrial panels, and "hardwood plywood" panels used in making flooring. "Hardwood plywood" does not include laminated products, military specified plywood, or curved plywood.
(20) "Hardwood plywood -- composite core" (HWPW-CC) means hardwood plywood with a composite core.
(21) "Hardwood plywood -- veneer core" (HWPW-VC) means hardwood plywood with a core made of a sheet or sheets of veneer.
(22) "HPVA" means the Hardwood Plywood and Veneer Association.
(23) "Importer" means the person or entity as defined in the regulations of the Bureau of Customs and Border Protection, 19 Code of Federal Regulations, section 101.1.
(24) "Laminate" means a veneer or other material affixed as a decorative surface to a platform.
(25) "Laminated product" means a finished good or component part of a finished good made by a fabricator in which a laminate or laminates are affixed to a platform. If the platform consists of a composite wood product, the platform must comply with the applicable emission standards.
(26) "Lot" means the volume of a product type produced either:
(A) from the beginning of a production run until the first quality control test; or
(B) between one quality control test and the next one; or
(C) from the last quality control test to the end of a production run.
(27) "Manufacturer" means any person who manufactures or produces a composite wood product.
(28) "Medium density fiberboard" (MDF) means a panel composed of cellulosic fibers (usually wood) made by dry forming and pressing of a resinated fiber mat (ANSI A208.2-2002).
(29) "No-added formaldehyde based resins" means resins formulated with no added formaldehyde as part of the resin cross linking structure for making hardwood plywood, particleboard, or medium density fiberboard. "No-added formaldehyde based resins" include, but are not limited to, resins made from soy, polyvinyl acetate, or methylene diisocyanate.
(30) "Panel" means any particleboard, medium density fiberboard, or hardwood plywood board produced for sale, supply, or distribution by a composite wood product manufacturer.
(31) "Particle" means a distinct fraction of wood or other cellulosic material produced mechanically and used along with resin to make particleboard. "Particles" are larger in size than fibers.
(32) "Particleboard" means a panel composed of cellulosic material (usually wood) in the form of discrete particles (as distinguished from fibers, flakes, or strands) that are pressed together with resin (ANSI A208.1-1999).
(33) "Person" shall have the same meaning as defined in Health and Safety Code section 39047.
(34) "Platform" means the veneer core, composite core, combination core, lumber core, or special core material used in the manufacture of hardwood plywood or laminated products.
(35) "Plywood" means a panel product consisting of layers of wood veneers in combination with a platform, pressed together with resin. "Plywood" includes panel products made by either hot or cold pressing (with resin) veneers to a platform.
(36) "Product type" means a type of composite wood product that differs from another based on composition, thickness, number of plies (if hardwood plywood), and resin to distinguish one composite wood product from another made by the same manufacturer.
(37) "Recreational vehicle" has the same meaning as defined in section 18010 of the California Health and Safety Code.
(38) "Retailer" means any person or entity that sells, offers for sale, or supplies directly to consumers composite wood products or finished goods that contain composite wood products.
(39) "Softwood" means wood produced from needle and/or cone bearing trees (ANSI/HPVA HP-1-2004).
(40) "Thin MDF" means medium density fiberboard that has a maximum thickness of eight millimeters.
(41) "Third party certifier" means an organization or entity approved by the Executive Officer that:
(A) verifies the accuracy of the emission test procedures and facilities used by manufacturers to conduct formaldehyde emission tests,
(B) monitors manufacturer quality assurance programs, and
(C) provides independent audits and inspections.
(42) "Ultra-low-emitting formaldehyde (ULEF) resins" means resins formulated such that average formaldehyde emissions are consistently below the Phase 2 emission standards in section 93120.2, as provided in section 93120.3(d).
(43) "Veneer" means thin sheets of wood peeled or sliced from logs for use in the manufacture of wood products such as plywood, laminated veneer lumber, laminated products, or other products.
(44) "Veneer core" means a core material for making plywood that consists of veneer.
(45) "Window" means a finished good consisting of a frame in which are set panes of glass, for the admission of air or light, or both, into an opening in the wall of a building. The frame includes jambs, stiles, sashes, and rails, and excludes sills, window headers and window seats.

Cal. Code Regs. Tit. 17, § 93120.1

1. New section filed 4-18-2008; operative 4-18-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 16).

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666 and 41712, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666 and 41712, Health and Safety Code.

1. New section filed 4-18-2008; operative 4-18-2008 pursuant to Government Code section 11343.4 (Register 2008, No. 16).