Brand Window - Audience - Manufacturers


Supply Chain Sell-Through Cutoff Dates for California Formaldehyde Regulations Near Final Deadlines

May 31, 2012

Sponsored by
 

Bob Simon, Gossen Corporation

In April 2007, the California Air Resources Board (CARB) approved an Airborne Toxic Control Measure (ATCM) (Title 17, California Code of Regulations, sections 93120-93120.12) to reduce formaldehyde emissions from composite wood product panels and finished goods sold in California that contain any of five composite wood products: hardwood plywood panels with veneer core (HWPW-VC) or with composite core (HWPW-CC), particle board (PB), medium density fiberboard (MDF) and thin (8mm or less in thickness) MDF. A “panel” is any particleboard, medium density fiberboard, or hardwood plywood board. A “finished good” is any good or product (e.g., cabinets, furniture, windows, doors, etc.), other than a panel, that contains at least one of the five types of composite wood products.

The new emission standards began taking effect in two phases beginning January 1, 2009. Businesses required to comply with the ATCM include the entire supply chain of manufacturers, importers, distributors, fabricators and retailers of composite wood products and finished goods.

Note that the ATCM defines a “window” as 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, but excludes sills, window headers and window seats. If a window manufacturer’s California-bound products have parts, head and seat boards, jamb extensions or additions to factory window assemblies made of composite wood, they are specifically covered by the new CARB rule.

However, the following windows and doors are exempt:

  • Windows that contain less than 5 percent by volume of HWPW, PB or MDF combined in relation to the total volume of the finished window product
  • Exterior doors and garage doors that are either (a) made from composite wood products manufactured with no added formaldehyde (NAF) based resins or Ultra-Low Emitting Formaldehyde (ULEF) resins or (b) contain less than 3 percent by volume of HWPW, PB or MDF combined in relation to the total volume of the finished door
  • Windows for HUD-approved manufactured homes
The Requirements
The following table indicates these effective dates and the associated emission standard for the five types of composite materials covered by the regulation.

Compliance Test Methods for HWPW, PB and MDF are specified as either the primary method, ASTM E1333-96(2002) (large chamber test method) or ASTM D6007-02 as a secondary method, subject to conditions specified in the regulation.

Emission Standards
Phase 1 (P1) and Phase 2 (P2) Formaldehyde Emission Standards (in ppm) for Hardwood Plywood (HWPW), Particleboard (PB) and Medium Density Fiberboard (MDF)
Effective Date HWPW-VC HWPW-CC PB MDF Thin MDF 
(≤ 8mm thick)
1-1-2009 P1: 0.08 ------ P1: 0.08 P1: 0.21 P1: 0.021
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 ------ ------ ------
Standards are based on the primary test method [ASTM E1333-96(2002)] in parts per million (ppm). HWPW-VC = veneer core; HWPW-CC = composite core.

To demonstrate compliance, a manufacturer of a composite wood product must participate in an ARB-approved third-party certification program and must comply with specified quality assurance requirements. The latter essentially requires that each manufacturing plant have a written quality control manual, which must contain specified elements, including small scale quality control testing per ASTM D5582-00 (desiccator), ASTM D6007-02 (small chamber) or other method shown to be equivalent. The frequency of such testing, based on production volume, is specified in the ACTM document. Manufacturers of HWPW, PB and MDF who plan to use ULEF resins may test their products less frequently than otherwise required if the specified criteria are met. At least quarterly, a primary or secondary method test must be conducted on samples randomly selected by the third-party certifier.

Each panel or bundle of composite wood products must be clearly labeled to indicate compliance with the emission standards.

The required certification, labeling and chain of custody compliance provisions are extensive:
  • Composite parts used must comply with the emission and certification requirements of the rule. 
  • Records showing the date of purchase of the composites must be kept for two years. This applies to each participant in the supply chain (fabricators, distributors and dealers).
  • A label (stamp, tag, sticker or barcode) must be applied to every product or product package, bearing the fabricator’s name, the production date and the compliance standard of the product being used. 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.
  • It is further recommended that the manufacturer obtain written documentation of product compliance from suppliers and provide this documentation to customers.
Fabricators of finished goods using composite wood components must be able to show that these components meet these criteria.

Sell-Through Provisions
The ATCM contains “sell-through” provisions that allow supply chain businesses to sell or use noncomplying composite wood products and finished goods for specified periods of time after the effective dates of the emission standard. CARB released a regulatory guidance document in February 2012 to describe the sell-through provisions in more detail.

As of February 2012, it is no longer legal for importers, distributors, fabricators or retailers to purchase finished goods that contain pre-Phase One (noncomplying) composite wood products for sale in California.

The sell-through periods for importers, distributors, fabricators and retailers of finished goods made with Phase One (P1) compliant hardwood plywood with composite core all end on December 31, 2013. Retailers who purchase such finished goods during the sell-through period cannot legally sell these goods in California after December 31, 2013.

There is no sell-through deadline for Phase Two (P2) composite wood product panels or finished goods that contain P2 composite wood product panels; such panels and finished goods may be sold indefinitely.

The following table summarizes the sell-through cut-off dates for the various types of composite products and supply chain members:

Sell-Through Deadlines
  Last day to manufacture P1 items Last day to sell pre-P1 items Last day to buy P1 panels from Mfr or Importer Last day to sell P1 Panel items Last day to sell P1 Finished Goods items
Manufacturer
(Panels)		 12/31/091
12/31/103,4
12/31/115
6/30/122		 deadline passed N/A 3/31/101
3/31/113,4
3/31/125
6/30/122		 N/A
Distributors
(Panels & Finished Goods)		 N/A deadline passed 3/31/101
3/31/113,4
3/31/125
9/30/122		 12/31/101
12/31/113,4
5/31/125
11/30/122		 12/31/121,3,4
12/31/132
6/30/135
Importers
(Panels & Finished Goods		 N/A deadline passed N/A 3/31/101
3/31/113,4
3/31/125
6/30/122		 6/30/121,3,4
12/31/132
6/30/135
Fabricators
(Finished Goods)		 N/A deadline passed 3/31/101
3/31/113,4
3/31/125
9/30/122
From Distr:
12/31/101
12/31/113,4
11/30/122
5/31/125		 N/A 12/31/121,3,4
12/31/132
6/30/135
Retailers
(Panels & Finished Goods)		 N/A 12/31/121-5 3/31/101
3/31/113,4
3/31/125
9/30/122
From Distr:
12/31/101
12/31/113,4
11/30/122
5/31/125		 12/31/101
12/31/113,4
12/31/125
6/30/132		 12/31/131-5
1 =HWPW-VC    2 = HWPW-CC    3 = PB    4 = MDF    5 = Thim MDF (≤ 8mm thick)

To view the full ATCM document and obtain additional compliance information, visit the California Air Resources Board website.

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