Section 93120.2 - Formaldehyde Emission Standards for Hardwood Plywood (HWPW), Particleboard (PB), and Medium Density Fiberboard (MDF)(a) Emission Standards. The formaldehyde emission standards in Table 1 apply to hardwood plywood (HWPW), particleboard (PB), and medium density fiberboard (MDF) sold, supplied, offered for sale, or manufactured for sale in California. Except as provided in section 93120.2(b), Exemptions, and the "sell-through" provisions of section 93120.12, Appendix 1, no person shall sell, supply, offer for sale, or manufacture for sale in California any composite wood product which, at the time of sale or manufacture, does not comply with the emission standards in Table 1 on or after the effective dates specified in Table 1.
Table 1
Phase 1 and Phase 2 Formaldehyde Emission Standards for Hardwood Plywood (HWPW), Particleboard (PB), and Medium Density Fiberboard (MDF)1
| --- Phase 1 (P1) and Phase 2 (P2) Emission Standards (ppm) --- |
| Effective Date | HWPW-VC | HWPW-CC | PB | MDF | Thin MDF |
| 1-1-2009 | P1: 0.08 | ---- | P1: 0.18 | P1: 0.21 | P1: 0.21 |
| 7-1-2009 | ---- | P1: 0.08 | ---- | -------- |
| 1-1-2010 | P2: 0.05 | ---- | ---- | ---- | ---- |
| 1-1-2011 | ---- | ---- | P2: 0.09 | P2: 0.11 | ---- |
| 1-1-2012 | ---- | ---- | ---- | ---- | P2: 0.13 |
| 7-1-2012 | ---- | P2: 0.05 | ---- | -------- |
A product "does not comply with the emission standards in Table 1" if:
(1) The composite wood product was produced by a manufacturer without either: (A) a current third party certification program that complies with section 93120.3(b),(B) a current ARB approval to use no-added formaldehyde based resins as provided in section 93120.3(c), or(C) a current ARB approval to use a ULEF resin as provided in section 93120.3(d); or(2) Records of testing conducted by the manufacturer or the third party certifier show that a particular composite wood product sold, supplied, or offered for sale in California exceeded the applicable emission standard specified in Table 1, based on: (A) the compliance testing procedure for hardwood plywood, particleboard, and medium density fiberboard specified in section 93120.9(a) or(B) the quality control testing method specified in 93120.9(d) (subject to permitted retesting, disposition or treatment); or(3) A composite wood product produced by a manufacturer is tested at any time after it is manufactured, using either the compliance test method specified in section 93120.9(a) or the enforcement test method specified in section 93120.9(b), and is found to exceed the applicable emission standard specified in Table 1; or(4) A finished good contains any composite wood product which does not comply with the emission standards in Table 1, based on the criteria set forth in paragraphs (1), (2), or (3) above; or(5) A finished good is found to contain any composite wood product that does not comply with the applicable emission standards in Table 1 using the enforcement test method for finished goods specified in section 93120.9(c).(b) Exemptions. (1) The emission standards in section 93120.2(a) do not apply to composite wood products or finished goods containing these materials that are manufactured, sold, offered for sale, or supplied for shipment and use outside of California.(2) The emission standards in section 93120.2(a) do not apply to hardwood plywood and particleboard materials manufactured, sold, supplied for installation, or installed in manufactured homes subject to the United States Department of Housing and Urban Development regulations (24 Code of Federal Regulations, section 3280.308).(3) To qualify for an exemption specified in section 93120.2(b)(1) or 93120.2(b)(2), the person claiming the exemption must maintain adequate documentation to demonstrate that the criteria of the exemption are met.Cal. Code Regs. Tit. 17, § 93120.2
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, 41511 and 41712, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39665, 39666, 41511 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).