First Name | John |
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Last Name | Chaffin |
Email Address | johnc@chaffin-law.com |
Affiliation | |
Subject | Comments on Formaldehyde regulations for plywood |
Comment | THE LAW OFFICES OF JOHN E. CHAFFIN AND ASSOCIATES 449 SOUTH ESCONDIDO BLVD. ESCONDIDO, CA 92025 (760)233-3887 April 24, 2007 Dr. Robert Sawyer, Chairman California Air Resources Board 1001 “I” Street P. O. Box 2815 Sacramento, CA 95812 Re: Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products; Release Date: March 9, 2007 Dear Dr. Sawyer, I appreciate the opportunity to offer comments with regard to the March 9, 2007, draft of the Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products (ATCM). I am a resident of California, represent importers of hardwood plywood, and an associate member of the International Wood Products Association (IWPA). I have been involved in the business of importing hardwood plywood for 17 years. I have reviewed the subject regulations, staff report and appendices, and have discussed this matter with several clients in the business. I respectfully request the board consider the comments provided herein and delay any action on adopting the regulation at this time. 1. The staff report does not adequately address the impact of this regulation on importers and overseas mill suppliers. Based on data from the U.S. Department of Agriculture, foreign importers account for 60% of the hardwood plywood (HWPW) consumed in the United States each year based on 2002. The staff report of 225 pages discusses the impact on importers for less than one page at page 210. 2. IWPA reached out in a comprehensive manner for feedback from overseas producers in many countries. The resounding message heard was that overseas mills are not prepared to meet the regulations Phase 1 or Phase 2 and will need substantial time to develop the infrastructure to do so. The majority of the mills confirmed the formaldehyde levels required could be met but the third party certification would be a major impediment to meeting all of the regulations. More time is needed than set out in the regulations to comply. 3. There are inadequate third party certifiers available for overseas mills. In most instances, mills have their own laboratories to confirm glue formulations or will rely on the laboratory facilities of the glue supplier. Further, large chamber testing facilities are extremely rare in other plywood producing countries such as Malaysia and Indonesia. 4. The chain of custody documentation requirements is unworkable for the imported plywood industry. Imported plywood changes hands several times in the supply chain. Further, the identity of an importer’s supplier is considered proprietary information. A significant percentage of the imported plywood is sold to wholesalers and distributors who consider the identity of their importer to be proprietary. The Board should postpone action on these regulations until there has been further adequate study and reporting of the impacts on importers and overseas suppliers, the time provided for implementation by overseas producers has been increased to allow for the development of third party certifiers or this requirement eliminated for overseas producers, and changes made to the chain of custody documentation to take into the unique business model involved in importing HWPW. If the Board proceeds to adopt these regulations as proposed, there will be significant, adverse, unintended consequences. These regulations represent an unauthorized, non-tariff trade barrier with regard to foreign suppliers and importers. The regulations purport to reduce formaldehyde emissions by about 500 tons per year for the entire state of California. Based on the data in the staff report, this is a reduction of about 2.5%. However, the inaccuracy of the measurements of the level of formaldehyde in ambient air is much greater than + or – 2.5%. In other words, this regulation will result in adverse impacts on business and consumers and the possible benefit will not be measureable. With all due respect, I urge the Board to delay action until the full and real impact of this regulation can be determined. I would welcome the opportunity to discuss this matter and can be reached at (760) 233-3887 or via e-mail at johnc@chaffin-law.com. Sincerely, John E. Chaffin Attorney at Law P. S. I will be at the hearing and would like to be placed on the list of speakers. |
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Date and Time Comment Was Submitted | 2007-04-24 14:00:11 |
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