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Do You Comply With New Formaldehyde Limits On MDF, Hardwood Plywood, and Particle Board Used In California?

What the New Carb Compliance for Composite Wood Products Means For You

What is the new California formaldehyde regulation?
In April 2007, the California Air Resources Board (CARB), a department of the California Environmental Protection Agency, voted to implement new limits for formaldehyde emitted from composite wood panels. These new limits will be implemented in two phases starting January 1, 2009. When the final limits are fully in place by 2012, the regulation will establish the toughest production standard in the world for formaldehyde emissions from composite wood panels.

The California regulation governs the formaldehyde in both raw composite wood panels and finished products sold or used in California. Both imported and domestic products are regulated, and must be third-party certified and clearly labeled to indicate they meet California’s requirements.

Effective Dates for CARB Rule:

  • January 1, 2009: Phase I limits for Particleboard, MDF, Hardwood Plywood (Veneer Core)
  • July 1, 2009: Phase I limits for Hardwood Plywood (Composite Core)
  • January 1, 2010: Phase II limits for Hardwood Plywood (Veneer Core)
  • January 1, 2011: Phase II limits for Particleboard, Thick MDF
  • January 1, 2012: Phase II limits for Thin MDF

Extension of Sell-Through Dates for Pre-Phase 1 Composite Wood Products, Pre-Phase 1 Finished Goods, and Phase 1 Hardwood Plywood With Veneer Core
On November 12, 2009 the California Air Resources Board announced a delay in enforcement of sell-through dates to December 31, 2010.  Please see the below attachment for complete information on extended sell-through dates. 

Call MJB: We’ll Help You Get Pre-Certified and Third-Party Approved Materials To Assure You’re In Compliance.

Have questions? Call us at 972.401.0005 and we’ll help you get the best compliance solution for your situation.

CARB Raw Panel Formaldehyde Emission
Ceilings and Implementation - Schedule
Product
Phase I Levels (PPM)
and Effective Dates
Phase II Levels (PPM)
and Effective Dates
Hardwood Plywood —
Veneer Core
0.08
January 1, 2009
0.05
January 1, 2010
Hardwood Plywood —
Composite Core*
0.08
July 1, 2009
0.05
July 1, 2012
Particleboard
0.18
January 1, 2009
0.09
January 1, 2011
MDF
0.21
January 1, 2009
0.11
January 1, 2011
Thin MDF**
0.21
January 1, 2009
0.13
January 1, 2012
*Hardwood plywood panel using particleboard or MDF in the core
**Maximum thickness of 8 mm

Products and Exemptions Covered by CARB Rule
Products Covered by
New CARB Rule
• Particleboard
• Medium Density Fiberboard (MDF)
• Thin MDF (less than or equal to 8 mm
in thickness)
• Hardwood Plywood made with a
veneer core
• Hardwood Plywood made with a composite
core (PBD or MDF)
This applies not only to the raw panels, but also to all products made with these panels, including furniture, cabinets, flooring, store fixtures, mouldings and millwork, countertops, decorative household items, doors, etc.
Specific Products Exempt by new CARB ruling
• Finger-jointed lumber
• Hardboard meeting ANSI A135.4,
ANSI A135.5 or ANSI 135.6
• Prefabricated wood I-joists meeting
ASTM D5055
• Structural plywood meeting PS-1
• Structural panels meeting PS-2
• Structural composite lumber meeting
ASTM D5456
• Structural glued laminated lumber
meeting ANSI A190
• Windows containing less than 5 percent
composites
• Exterior doors made with composites
meeting the Ultra Low Emission
Formaldehyde (ULEF) or No Added
Formaldehyde (NAF) requirements, or
containing less than 3 percent other
composites
• New vehicles meeting Section 430 of
the California Code, except for
recreational vehicles
• Curved plywood

Business Activities Covered by CARB Rule
Business Definitions • Manufacturer: A company that manufactures regulated composite wood panels (hardwood plywood, particleboard or MDF)
• Importer: A company that imports regulated composite wood panels
• Fabricator: A company that manufactures domestic or imported finished goods made with regulated composite wood panels
• Distributor: A company that distributes regulated composite panels or finished goods made with regulated composite panels (different rules for each), but not to consumers, and does not alter products
• Retailer: A company that sells regulated composite panels for finished goods made with regulated composite panels (different rules for each) to consumers
General Exemptions • Composite wood products and fabricated products containing composites offered for sale or use outside if California • Composite wood products used in
manufactured homes subject to U.S. HUD regulations
Requirements Under
the New CARB Rule

This rule applies to the sale and use of composite wood products in California and to products containing composite wood products for sale or use in California.

This rule applies to manufacturers, importers, fabricators, distributors and retailers of composite panels or finished goods using these composite panels.

This rule requires all distributors, fabricators and retailers to follow prescribed record keeping in the form of labels, statement of compliance on the bill of lading and invoice, and chain of custody documentation to the final customer. Records for all composite panel purchases or fabricated parts containing composite panels must be maintained for two years.
Courtesy of Composite Panel Association - www.CARBrule.org

For information on the CARB Rule, customer fact sheets and testing facilities, please go to www.CARBrule.org.

Certification Requirements and Exemptions
Manufacturer Requirements • For each product, initial compliance with emissions standards must be verified by an
approved third-party certification agency.
• Following initial qualification, quarterly third-party verification of emissions is required.
• Manufacturer is responsible for the emissions performance of all certified products.		 • Mill must follow specific procedures for products found to be out of compliance with the standard.
• Quality records must be retained for two years.
Third-Party Certification
Agency Requirements		 • Obtain approval from CARB.
• Obtain accreditation from a signatory
of the International Laboratory Accreditation Cooperation Agreement (ILAC).
• Verify that manufacturers using certification services are complying with the quality requirements of the rule, and provide them with independent audits and a CARB-
approved certifier number for product
labels and notifications.		 • Maintain records of certification activity for two years and provide an annual report to CARB of certification activities, including test results.
Exemptions to
Third-Party Certification
Requirements		 Finished products must be fabricated with certified composites, but they do not require separate third-party certification. Approved Ultra Low Emission Formaldehyde (ULEF) and No Added Formaldehyde (NAF) composite wood products are exempt from daily third-party certification quality control requirements, but must make a regular demonstration of ongoing compliance.
• NAF and ULEF producers must apply to
CARB to obtain an approved exemption
and provide an initial demonstration of
compliance with special emission limits.
• NAF and ULEF producers must provide
basic adhesive chemical formulation
information to CARB.
• NAF producers must provide three months
of initial quality data, showing compliance
with special emission limits and at least one
primary or secondary compliance test.		 • ULEF producers must provide six months
of initial quality data showing compliance
with special emission limits and at least two primary or secondary compliance tests.
• NAF and ULEF producers must provide
CARB with a primary or secondary
compliance test showing compliance with
the special NAF/ULEF limits every two years.
• Primary and/or secondary compliance tests must be performed by an approved third-party certification agency.

Sell-Through Provisions

Beginning January 1, 2009, particleboard and MDF panels manufactured for sale or use in California must comply with the formaldehyde emission limits in the regulation.

Manufacturers and Importers have three months to sell non-compliant panels produced before any of the Phase I or Phase II ATCM manufacturing deadlines.

Distributors have five months to sell non-compliant panels produced before any of the Phase I or Phase II ATCM manufacturing deadlines.

Retailers of composite wood products have 12 months to sell non-compliant panels produced before any of the Phase I or Phase II ATCM manufacturing deadlines.

Fabricators and Distributors of finished products containing composite wood products have 18 months after each of the Phase I and Phase II deadlines to use up any inventory of non-compliant composite panels made before the effective dates and sell those finished goods made with non-compliant composites.

Retailers of fabricated products containing composite wood products have 18 months to sell non-compliant panels produced before any of the Phase I or Phase II ATCM manufacturing deadlines.

Labeling, Notification and Recordkeeping Requirements
Composite Manufacturer/Importer Labels:
• Manufacturer name
• Production batch or lot number
• Compliance standard being met (Phase I, Phase II, ILEF or NAF)		 • CARB-assigned number of third-party compliance agency (except for ULEF/ NAF products)
Composite Manufacturer/Importer Notifications:
• A statement of compliance must be included with either the invoice or the bill of lading. • Compliance statement must include the manufacturer’s name, the certification number of the third-party compliance agency and the compliance standard met
by the product.
Composite Manufacturer/Importer Records:
• Retain quality test data or compliance data and records indicating ongoing ULEF/NAF approval for two years.
• Maintain tracking records to allow products to be traced to their specific production lots.
• Maintain product purchaser information
and invoice numbers.		 • Maintain product transporter information.
• Maintain records regarding disposition of products not complying with the standard.
• Receive written documentation of product compliance from suppliers. (Providing documentation to customers is recommended.)
Distributor Requirements*:
• No additional labeling is required if
products are not modified.
• Retain records showing date of purchase of ATCM-regulated products for two years.
• Include statement of compliance notification on bill of lading or invoice, indicating the compliance standard being met.

• Receive written documentation of product compliance from suppliers. (Providing documentation to customers is recommended.)

* Includes importers of finished goods
Fabricator Requirements:
• Use composites that comply with the emission and certification requirements of the rule.
• Retain records showing date of purchase for composites for two years.
• Label every product or product box with a stamp, tag, sticker or bar code.		 • Label must include the fabricator’s name, the production date and the compliance standard of the product being used.
• Receive written documentation of product compliance from suppliers. (Providing documentation to customers is recommended.)
Retailer Requirements:
• Stock composites and/or fabricated products
containing composites that comply with the
labeling, emission and certification requirements.
• Maintain purchasing records for composites
and/or fabricated products containing composites for two years.		 • Receive written documentation of product compliance from suppliers. (Providing documentation to customers is recommended.)

Courtesy of Composite Panel Association - www.CARBrule.org (3rd Party Disclaimer)

Nothing stated herein should be considered as legal advice for complying with applicable law and is provided for informational and educational purposes only and it is not meant to be a substitute for professional legal advice. Always seek the advice of your attorney with any questions you may have regarding compliance requirements.