CARB Responds to AHFA Request

February 11, 2016  by in Industry, Legal   

The American Home Furnishings Alliance asked CARB officials to provide the clarification after Whitney Tilson of Kase Capital used deconstructive testing last year to declare certain furniture products “toxic” and “poisonous” to consumers, because he said they tested with formaldehyde emissions over CARB limits.

CARB amended the FAQ section on its website by adding question No. 31 “Can entities other than CARB determine whether finished goods comply with CARB’s composite wood products regulation?”

The posted answer responds: “No. CARB is the only entity that has the authority to determine compliance of finished goods.” 

The FAQ goes on to explain that determining compliance is a process, not a one-time emissions test. CARB set up a regulatory framework in which approved third-party certifiers “verify that producers of composite wood products (panels) have manufacturing systems that produce panels with formaldehyde emissions at or below the levels required by the (CARB regulation).” These verifications “include quarterly inspections and testing, and review of a producer’s quality control testing results.”

Then, in a specific reference to testing finished products, CARB states, “Other entities may choose to use CARB’s sample preparation and emissions testing procedures for panels and/or finished goods to perform informational analyses for customers, but only CARB staff can determine whether finished goods comply with the regulation.”

This week’s addition to the CARB FAQ does not specifically address the variability and uncertainty associated with deconstructive testing, AHFA officials point out that this issue was already covered in the FAQ.

“Question 30 in the FAQ clearly explains why deconstructive testing can only be used as one step in determining a company’s compliance with the CARB regulation,” said Bill Perdue, AHFA’s vice president of regulatory affairs. 

Question 30 asks: “How does CARB test emissions of composite wood products in finished goods?”

In its answer, the agency outlines how pieces of the finished good “are prepared to expose the composite wood product for emissions testing.” But CARB said, “There is some variability and uncertainty associated with (this) sample preparation and emissions testing … CARB accounts for this when considering whether or not enforcement action should be taken.”

AHFA has represented the residential furniture industry in the CARB regulatory process for more than 10 years. It also serves as the industry’s representative before the U.S. Environmental Protection Agency as it continues work on the regulatory framework for a federal formaldehyde emissions standard.

“CARB has not shared the ‘enforcement factor’ it takes into account when evaluating the results of deconstructive testing,” Perdue said. “But, without it, deconstructive testing can yield only ‘informational’ results.”