ESFPA E-News

EU Deforestation Regulation Adopted

European Union (EU) has adopted the European Union Deforestation-free Regulation (EUDR) which will massively impact the requirements for exporters of US hardwood products.  The new regulations will require GPS coordinates that tie the hardwood products back to an individual real estate holding where they were grown and require that land to not be subject to land use conversion or “forest degradation”. The EUDR will affect not just the European market, but also all of our markets that export finished products into Europe, meaning this regulation will have a tremendous impact on our international markets.

The American Hardwood Export Council has a good summary of the EUDR in its most recent Market Report linked here. The EUDR could also have impacts on U.S. and individual state efforts to address deforestation as evidenced in New York’s most recently passed Tropical Forest Deforestation Free Procurement Law which will be sent to Governor Hochul soon.  If folks recall in 2022 this legislation would have also applied to Boreal forests, but Boreal was removed from this year’s bill.  There is no doubt that we will see expanded deforestation provisions in future legislation and in climate related policy. ESFPA continues to monitor deforestation policy efforts and is working with our national affiliates on shaping this policy in the U.S.

On July 6^th the Forest Resources Association sponsored a webinar with Jennifer Conje, Assistant Director of Policy within the USDA Forest Service (USFS) International Programs Office, provided an overview of the EUDR regulations and status. A copy of her presentation can be found here.

Important Research Opportunity for Businesses

A National Business Leaders Survey is being conducted by The National Association of State Chambers (NASC) and the Siena College Research Institute (SCRI). They need your help in compiling important feedback! ESFPA is a member of the Business Council of NY which is our state chamber and as members of ESFPA you all are eligible to take this survey.

By participating, you will receive a digital copy of the national aggregate dataset broken out by region, industry, and organization size and a summary report providing you with valuable insights on the economy, business leaders’ plans to enhance their business’ success, and impressions of the labor force. 

Take the brief survey by clicking the button below:

Climate-Smart Forestry

Forests play an essential role in limiting climate change, and Climate Smart Forestry (CSF) is a term being used broadly by practitioners, policymakers, and forest managers. In fact, the SFI Forest Management Standard has new requirements for CSF and fire resilience and awareness.

We're thrilled that SFI's Chief Conservation Officer Lauren Cooper has co-authored a research paper titled Climate-Smart Forestry: Promise and risks for forests, society, and climate, which proposes enhancing a working definition of Climate-Smart Forestry.

WOTUS Keeps Coming Back

In the wake of the Supreme Court’s decision in May to limit the scope of the Clean Water Act per the requirements of the beleaguered “Waters of the United States Rule,” federal regulators are moving forward with a new and improved WOTUS rule to comply with the court’s ruling.  According to a statement from the Administration delivered during a House Transportation hearing, the EPA and Army Corps of Engineers will issue a final rule, likely this summer, with no intervening comment period, therefore expediting compliance with the high court’s ruling. 

The new and improved regulation is expected to include provisions clarifying that a “continuous surface connection” between a larger water body and wetland must be in place in order to trigger federal permitting requirements over commercial and agricultural activity. 

OSHA Heat Standard

Last week, the Occupational Safety and Health Administration (OSHA) notified the Small Business Administration’s Office of Advocacy that OSHA intends to convene a Small Business Advocacy Review (SBAR) panel on a possible “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings” rule in the next sixty days. The panel will host a series of video conferences with Small Entity Representatives (SERs) selected from potentially regulated sectors in the September 2023 timeframe. The panel will conclude with a final report to the OSHA Administrator within 60 days of the actual convening date.
 
An OSHA heat standard rule would apply to employers whose employees are exposed to hazardous heat and could cover outdoor and indoor work in any or all of the General Industry, Construction, Maritime, and Agriculture sectors where OSHA has jurisdiction. Therefore, the panel seeks participation from a wide range of sectors and welcomes SERs from any industry that might be affected. OSHA is particularly interested in feedback from industries that it expects to be most affected by such a standard, including the following industries:

• Agriculture, Forestry, and Fishing
• Building Material Suppliers
• Commercial Kitchens
• Construction, Telecommunications, and Utilities
• Drycleaners and Commercial Laundry
• Fire Protection
• Landscaping, Facilities Support, Maintenance, and Repair
• Manufacturing
• Material Handling, Transportation, and Warehousing
• Oil and Gas
• Recreation and Amusement
• Waste Management

A proposed heat standard is causing concern in the business community due to the uncertain nature of what a heat standard would look like and its impacts on running a business. OSHA has floated ideas around mandatory rest periods for workers during high-heat days. But what is considered “hot” in Florida or Georgia differs from “hot” in Minnesota or Wisconsin. We will follow the action on this rulemaking and report on developments.