After the California Air Resources Board (CARB) published its final Composite Wood Airborne Toxic Control Measure (ATCM) early in 2008, the center of gravity for world emission standards shifted noticeably. California has long been the inspiration for environmental regulations that have spread across the U.S. and the rest of the continent, but this particular ATCM has begun to have an impact throughout the wood products industries and around the world too. With EPA considering a national rule that would federalize much of the CARB standard, that influence is likely to grow.

Since California’s rule became final, CARB staff and the industries affected have focused on a variety of implementation issues. CARB continues to address these issues through its regulatory advisories that help explain important subjects like labeling and certification. A few key issues are addressed below.

REGULATORY ADVISORIES. In 2008 advisories were issued on sell through periods, which differ for composites and finished products, and so-called retro-certification of existing inventories. An important advisory on labeling was also published. Already in 2009 CARB has issued advisories for retail stores and a pamphlet advising composite manufacturers on their duties. Issues that CARB has indicated that it will address in advisories later this year include laminated products vs. hardwood plywood definitions, the monitoring and tracking of mill certifications, and sell through provisions for fabricators.

Many specific issues have been addressed by CARB in a simple Q&A format. CARB has created a Frequently Asked Questions (FAQ) list of narrowly focused responses to specific questions about rule application, and that FAQ list is regularly updated. Particular emphasis in the recent FAQ update were the topics of packaging (pallets, skids, dunnage, shipping containers), retail displays, replacement parts, enforcement, labeling, and third party certification.

An important change in one sell through period was recently announced in a regulatory advisory. Distributors and retailers of composite panels only (not finished goods containing composites) are now being allowed four (4) additional months to dispose of inventory beyond the May 31, 2009 deadline in the rule. CARB noted that the rule was written prior to the current recession and its decision explicitly recognizes the economic reality of the market.

THIRD PARTY CERTIFICATION. The CARB rule requires the use of certified composites in all finished products sold in California. Since issuing its first Third Party Certification (TPC) approval in May 2008 to the Composite Panel Association (CPA) CARB has granted 27 additional TPC approvals for certification organizations around the world, with at least 10 other applications under review. CARB has continued to expand the tests it recognizes for quality control testing by certified facilities, and every significant test used in the world is now recognized by CARB.

According to CARB, more than 400 mills worldwide have achieved CARB certification, and CARB’s most recent estimate of production capacity found it already sufficient to supply the California market. CARB expects there will be an adequate supply of certified composite panels to meet the needs of the entire U.S. market by the end of 2009 or in early 2010. CPA now certifies 63 facilities in North America, representing over 90% of the continent’s particleboard and MDF production capacity. Every North American CPA member plant supplying composites into California is certified and in compliance with Phase 1 of the rule.

CARB has begun to turn its attention to oversight of the TPC programs. Programs that were active last year filed a report on their 2008 certification activity this past April, and individual management review process for each TPC will be completed later this year.

ENFORCEMENT. CARB has recently begun to provide industry with a closer look at its plans for enforcement of the ATCM. Recent presentations have illustrated how CARB plans to account for both product and testing variability. CARB’s enforcement staff has indicated that they intend to include “deconstructive” testing techniques to enforce compliance with the rule - i.e., removal of laminations or finishes from finished products containing composites in order to test the underlying composites used in finished products. They have also said that variability from such an invasive testing technique will be integrated into their evaluations.

Last fall CPA and other industry stakeholders joined CARB staff to discuss deconstructive testing. The discussions focused on the technical issues anticipated from compliance. A general protocol was developed, numerous products were tested and the protocol continues to be refined.

OUTREACH. CARB staff, companies affected by the regulation and industry trade associations have participated in dozens of seminar presentations and workshops since the CARB rule was finalized. CARB has posted the audio transcripts of several of its webinars and CPA continues to develop informational documents that are posted at our CARBrule.org web site.

Readers interested in keeping up with these and other developments should sign up to be included on CARB’s emails and advisories and visit www.CARBrule.org.

Efforts by the US Environmental Protection Agency (EPA) to establish a national standard based on the CARB rule are actively underway, and may include intervention by the US Congress. More in the next edition of Surface & Panel.

RESOURCES
Composite Panel Association (CPA)
703.724.1128 or jbradfield@cpamail.org | www.pbmdf.com
www.CARBrule.org - the reliable resource for compliance

California Air Resources Board (CARB)
916.327.5615 or btakemot@arb.ca.gov
www.arb.ca.gov/toxics/compwood/compwood.htm