Cal. Code Regs. Tit. 17, div. 3, ch. 1, subch. 7.5, Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater app 3
(a) Purpose.
The purpose of Appendix 3 of section 93120.12 is to specify requirements for ARB-approved third party certifiers for their certification of composite wood products with regard to the formaldehyde emission standards specified in section 93120.2(a), and when applicable, product types for manufacturers who are applying for re-approval to continue to use no-added formaldehyde based resins as specified in section 93120.3(c) or ULEF resins as specified in section 93120.3(d).
(b) Overview of Third Party Certifier Requirements.
(1) ARB-approved third party certifiers shall do the following:
(A) Verify that manufacturers are complying with the quality assurance requirements specified in section 93120.12, Appendix 2.
(B) Verify manufacturer small scale test results compared to primary or secondary method results.
(C) Work with manufacturers to establish quality control, excursion, and, if applicable, shipping quality control limits for each product type and production line. In addition, certifiers will inform manufacturers of criteria that will be used to determine if product lots are consistently exceeding the applicable QCL, as specified in section 93120.12, Appendix 2, subsection (g)(3); and criteria the certifier will use to allow a reduction in testing frequency for PB and MDF, as specified in section 93120.12, Appendix 2, subsection (g)(4)(B).
(D) Provide independent inspections and audits of manufacturers and records.
(E) Provide manufacturers with their ARB-approved third party certifier number.
(F) Use laboratories and primary or secondary methods for conducting testing that are certified by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement (ILAC, 2000). The formaldehyde test methods used by the laboratory shall appear in its scope of accreditation. Each laboratory must be re-certified annually. Each laboratory must also participate in an interlaboratory testing comparison with laboratories using similar primary or secondary methods for the same composite wood products. Laboratories must participate in an interlaboratory comparison during the first year the laboratory is used by a third party certifier, followed by participation in interlaboratory comparisons every two years.
(G) Maintain records in electronic or hard copy form for two years, for review by ARB upon request, on:
1. manufacturers that have been certified, with designated identification codes (if any);
2. results of inspections and tests conducted for each manufacturer;
3. list of certified laboratories and primary or secondary test methods utilized by the third party certifier, including the test conditions, conditioning time, test results, and the types of composite wood products used to establish equivalence of a secondary method;
4. correlations between small scale test results and primary or secondary method results by manufacturer;
5. manufacturers of PB and MDF that were allowed to reduce their testing frequency, as specified in section 93120.12, Appendix 2, subsection (g)(4)(B); and
6. the ARB Executive Order approving the third party certifier.
(H) On or before March 1 of each year, provide an annual report to ARB for the previous calendar year that includes:
1. manufacturers certified during the previous calendar year, including resins used by manufacturers, and the average and range in formaldehyde emissions by resin and product type;
2. list of non-complying events by manufacturer as specified in section 93120.12, Appendix 2;
3. certified laboratories and primary or secondary test methods utilized by the third party certifier; and
4. results of interlaboratory testing comparisons for laboratories used by the third party certifier.
(c) Initial Plant Qualification.
Upon completion of a contract between a third party certifier and a manufacturer, a third party certifier shall conduct one or more inspections of each manufacturer's plant. The cost of such inspections shall be borne by the manufacturer. The purpose of the inspection shall be to determine that the procedures and processes of each plant conform, or can be made to conform, to the requirements of section 93120.12, Appendix 2. Initial plant qualification requirements include:
(1) a written quality control manual approved by the third party certifier;
(2) quality control facilities and personnel approved by the third party certifier;
(3) passage of a primary or secondary method qualifying test(s);
(4) routine small scale quality control test(s), approved by the third party certifier;
(5) a procedure for selecting samples, approved by the third party certifier; and
(6) correlation values between the routine small scale quality control test(s) and the primary or secondary method test(s) that are approved by the third party certifier.
(d) Primary or Secondary Method Tests.
Third party certifiers shall work with manufacturers to ensure that the requirements of section 93120.12, Appendix 2, subsection (f), are complied with.
(1) Sample Selection, Handling, and Shipping
Primary or secondary method samples shall be randomly chosen from a single lot that is ready for shipment. Neither the top nor bottom composite wood products of a bundle shall be selected. The composite wood products must be dead-stacked or air tight wrapped between the time of sample selection and the start of test conditioning. Samples shall be promptly labeled, signed by the third party certifier, bundled air tight, wrapped in polyethylene, protected by cover sheets, and promptly shipped to the primary or secondary method testing facility. Conditioning shall begin as soon as possible, but not in excess of 30 days after production. At the plant's option, a second sample set (a reserve set) may be selected, handled and shipped in the same manner as the original.
(2) Additional (Verifying) Primary or Secondary Method Tests
Additional primary or secondary method tests shall be conducted as soon as possible if the third party certifier determines that an additional primary or secondary method test is necessary to ensure compliance with the relevant standard.
(3) Witnessing of Primary or Secondary Method Tests
The third party certifier may, in its discretion, agree to witness primary or secondary method testing at a certified laboratory rather than performing the test at its laboratory.
(A) Conditioning
The third party certifier shall review the records of temperature, humidity, and ambient formaldehyde concentration in the conditioning area to verify that these conditions did not exceed the limits specified in the primary or secondary method during the conditioning period.
(B) Testing
The third party certifier or the primary or secondary method operator under the certifier's supervision shall take air samples and analyze them for formaldehyde according to the primary or secondary method. The results will be reported to the manufacturer and to the certifier.
The primary or secondary method operator or certifier shall have the option of testing a second set of air samples to confirm a questionable test value. If a second set of air samples is taken, it must be taken within the time parameters defined in the primary or secondary method.
If the second sample set of air specimens falls within a range of concentrations, established by the third party certifier, of the test values from the first sample set, the two values shall be averaged. If the test value from the second set of air samples varies more than the range of concentrations, established by the third party certifier, from the first, the primary or secondary method test shall be null and void.
(C) Identification
Upon completion of the test, the chamber used in the primary or secondary method test shall be opened and the certifier shall verify that the panels or samples inside are the proper test specimens.
(e) Inspections by Third Party Certifier.
(1) Purpose
After a manufacturer has been verified by an ARB-approved third party certifier to report their products as being certified with the certifier's ARB-assigned number, the certifier shall conduct periodic on-site inspections of the plant and production line where each certified product type is produced to ensure full compliance with the provisions of section 93120.12, Appendix 2, and the plant's quality control manual and practices. ARB or local air district personnel may also conduct on-site inspections at the manufacturer to ensure compliance with the standards in section 93120.2(a).
(2) Frequency
Inspections shall occur at least once per quarter.
(3) Inspection Procedures
The certifier shall be given full cooperation by the composite wood manufacturer in all aspects of the inspection including, but not limited to, the following:
(A) reviewing formaldehyde emission quality control records;
(B) reviewing production records for press times and urea-formaldehyde resin usage;
(C) examining formaldehyde emission quality control procedures;
(D) selection of sample panels for emission testing;
(E) interviewing and testing of quality control employees; and
(F) complete access to the Quality Control Manager and any quality control employee involved with formaldehyde certification. The certifier may be excluded from plant areas considered confidential, providing such exclusion does not prevent or hinder the certifier from performing the required duties.
(4) Sample Selection and Testing Procedures
The certifier may conduct a small scale test during his visit. One panel of a composite wood product to be certified shall be selected for a single test. The result of this test shall be entered into the record of test values maintained by the manufacturer. If the addition of this test value to the record causes the tested lot to be a non-complying lot, the lot shall be isolated and handled following the procedures for non-complying lots in section93120.12, Appendix 2.
(5) Report of Findings
Upon completion of the inspection, the certifier shall prepare findings in writing and review them with the Quality Control Manager or plant manager, if available. As soon as complete test data are available, the certifier shall provide a written report to the plant stating the test results and advising the plant of any deficiencies that must be corrected to maintain certification.
(f) Re-Inspections.
In the event that a manufacturer produces product lots that consistently exceed the applicable QCL, the certifier shall be notified promptly. The certifier may re-inspect or audit the plant at least once per month for a period of three months, before returning to the prior inspection frequency. The certifier may also require the manufacturer to demonstrate conformance to the requirements of initial plant qualification.
(g) Confidentiality.
All information and documentation supplied by the manufacturer to the certifier pursuant to section 93120.12, Appendix 3, shall be considered confidential and shall not be disclosed by the certifier except as may be required by ARB.
The certifier shall consider confidential any observations of equipment, process, techniques, or other matters known by the certifier to be considered proprietary by the manufacturer.
Cal. Code Regs. Tit. 17, div. 3, ch. 1, subch. 7.5, Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater app 3
Note: Authority cited: Sections 39600, 39601,39650, 39658, 39659, 39666, 41511 and 41712, Health and Safety Code. Reference: Sections 39650, 39658,39659, 39665, 39666, 41511 and 41712, Health and Safety Code.