“We applaud EPA’s consultations with industry over the past three years and its stated desire to synchronize the national standard with California’s ATCM. This makes it especially surprising that EPA has moved in an alarming direction on a number of key provisions,” Julia continued.
Beginning in 2009, CPA and a broad coalition of industry, environmental and health care groups championed the national standard to promote environmentally sound products, consistent regulation of industry, and a level playing field that ensures compliance by imports. CPA’s recent comments are contained in its second of two filings on the two-part EPA rulemaking, and address the definitional and implementation aspects of the agency’s proposals.
Among the areas where CPA has urged changes to EPA’s proposed rules are the following:
Strengthen Third Party Certifier (TPC) Requirements. CPA argues that EPA’s rules must strengthen the global TPC system that was established by CARB in 2008. EPA has shown a desire to ensure a consistent, transparent and reliable TPC system, but is too willing to outsource major decisions to either the TPC’s themselves or related accreditation bodies. CPA believes this is not in the public interest and has made specific recommendations for strengthening the current system including disallowing TPCs to unilaterally decide when clients are eligible for reduced testing or other exemptions.
Require Notice, Don’t Stop Commerce. EPA has proposed a complete stoppage of commerce where there has been an indication of a non-complying event at the initial source of panel production, a result that could encumber the flow of commerce for weeks or longer. This is unconscionable in a free market economy and should be withdrawn. Instead, CPA has proposed that EPA require extensive formal notice, obliging panel manufacturers to advise customers within 72 hours of a non-complying event.