CARB Regulations

§ 93120. Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products. 

Notes on CARB Compliance issues specifically for the Health Care Industry. 

• HealthCare Source has received many inquiries from manufacturers, specifiers and end users regarding the California Air Resources Board (CARB) requirements for the Airborne Toxic Control Measure (ATCM) compliance of wood products and furniture used in health care facilities.  We thought posting a document addressing some of these questions and providing links to the regulators might prove helpful to our clients. 
• These new CARB standards apply to all hardwood plywood, particleboard and medium density fiberboard components used in ANY and ALL new finished products sold in California.  This means the CARB ATCM standard applies to all new furniture and wood finishing products (i.e.: Crown Molding) which we typically see used in health care facilities.   
• Should you care to read and interpret for yourself the information regarding this regulatory change, you can link directly to the California Air Resources Board at: http://www.arb.ca.gov/toxics/compwood/compwood.htm 
• You can read the chapter and verse of the CARB ATCM regulations at the following site: http://www.arb.ca.gov/regact/2007/compwood07/fro-final.pdf 

What does HealthCare Source think this regulation means to the health care industry??? 

• Starting with the raw material suppliers, everyone in the production and distribution cycle of wood based products must keep “chain of custody” records.  In the case of imported products, the importer is liable for owning and maintaining the chain of custody database.  Everyone who participates in the sale of non compliant wood based products in California is deemed liable to the regulation until they are individually cleared of culpability by CARB.  The violations are adjudicated by CARB on a case by case basis. The investigation of a violation could include any dealers, buyers and specifiers, along with the manufacturers, importers and distributors of non-compliant products. 
• Some of the wood furniture and products sold in California are manufactured in Europe and are advertised as being built to the E1 emissions standard.  This standard is very close to the Phase 1 version of the CARB ATCM standard.  Those manufacturers producing products that meet the E1 standard will more easily adapt to the new CARB regulations, but E1 certification does not automatically mean that those products have also attained CARB compliance.  They must additionally certify that the composite wood components used in the production of their product meet the CARB standards in order to be approved for sale in California.  
• California is often a leader in establishing regulatory safety standards and the CARB ATCM standard appears to be no different.  Minnesota and Oregon are already considering adopting this standard for their region, and the U.S. EPA recently sent out a Federal Register notice regarding their intent to create a Federal standard for composite wood and composite wood products.  We expect that the EPA will adopt a standard similar to the California standard for the entire nation. 

Notes to the health care industry: 

• We have all heard enough stories about lead paint on toys, melamine in milk and recalls of peanut butter to know that we should be vigilant about the products we buy and where we use them.  This caveat applies with a greater urgency to health care providers because of the vulnerability of those for which they care. 
•  And while we might teasingly think of CARB enforcement in the same context as “the mattress police”, the emissions from unregulated furniture have actually been tested as being very toxic.  Therefore, we don’t believe that it will be “the mattress police” who enforce this guideline on the health care industry.  Enforcement will come from the State, but it will also come from attorneys looking for another route in a liability action. This possibility renders CARB awareness for the health care industry as being a RISK MANAGEMENT issue. 
• Health care operators should also know that there is a window in which existing, non compliant furnishings can still be sold FROM INVENTORY by stocking DEALERS.  The fact that this window exists does not preclude the health care operator from the associated RISK of exposing the patient/resident/client to the toxic emissions of the “grandfathered” furniture. 
• Expect that Dealers and Distributors WILL BE DUMPING (very attractive pricing) non-compliant inventory, trying to get rid of it prior to the final disposal deadline (the RETAIL deadlines have recently been extended due to the economy. Refer to the CARB website link above for the most current deadline dates). All new products sold to health care facilities on or after January 1, 2009 and any new products built or imported beginning January 1, 2009 must be CARB compliant. 
• BE AWARE that as of the date of the publication of this article, non compliant RETAIL “ON-HAND  INVENTORY” stored in California can be sold in California through July 2010.  Health care providers who are significant consumers of these types of products should take the time to create a policy addressing how they plan to comply with the CARB ATCM standard and how they will avoid purchasing non-compliant products. 

What might you do to protect yourself? 

1. Insist that any furniture you buy be CARB compliant and demand that it be indicated as such on the label. 
2. Only buy furniture “factory direct” until the implementation period is over (currently July 2010).  Do NOT buy from stock inventories unless you KNOW the furniture is compliant. 
3. Do not purchase ANY retail furniture for your facility.  Especially retail seating which probably is also not CA TB 133 flammability compliant. 
4. Refer back to your recent furniture purchases starting from January 1, 2009 to present. If they do not have CARB compliant labels, demand the chain of custody information from the manufacturer/importer/dealer so you can defend any litigation.