November 12, 2012
Brian Porto
Tri-State Stone & Building Supply Inc.
8200 Seven Locks Road
Bethesda, MD 20817
301-365-2100
My company is in agreement with the Allied Stone Industries. We too disagree that the NSC should be pushing our industry to create an ANSI Sustainability Standard at this time. ANSI’s own website explains that “voluntary standards’ are not necessarily voluntary. ANSI standards,in effect, become industry minima criteria and can very easily be adopted by government agencies on the sole basis that it was created through an “independent third party process”. This would be unfortunate in that the standard draft released has not taken into consideration the size, scope and capitalization of quarry operations, and the size and scope of the companies that operate themwithin the dimension stone mining industry. It has not taken into consideration the differences in geology mined. It throws out the window the long standing idea that companies can have private information that they deem are trade secrets (All reporting would need to be public in order for others to verify a quarriers compliance). If these issues are not addressed, it will create significant hardships for many existing quarriers, it will create significant barriers to entry into the dimension stone mining industry, and it will ultimately reduce competition, decrease supply and increase prices to the end consumer.
The strictness with which the current draft is written is as though one would need an A + average in order to receive a high school or college diploma. The amount of reporting required under the current draft raises significant competition concerns which need to be addressed. It seems to benefit those that are mining large tracts, those with deep pockets and those in geologies that do not require multiple small pit mining. Further, although it is not required by ANSI, the NSC attempts to create an unnecessary monopoly, for itself, in the standard. It places the NSC as the sole arbiter of how and who should be able to certify a company, and it eliminates self-reporting which has been the norm for the industry. This not only raises competition concerns, it is also counter to long standing industry practice that many quarriers perform regulatory functions in house. Examples are MSHA reporting and training, and state and local storm water management and quarry permitting. This is not only far reaching, but it begs the question what will the reporting itself, the potential NSC fees, and the potential certified auditor fees ultimately cost small operators or even larger operators who mine a geology which requires multiple small quarries? These questions are as yet unanswered by the NSC.
It seems that an ANSI standard is putting the cart before the horse. Those that want a standard should adopt a non-ANSI standard, operate under its rules and demonstrate not only its effectiveness but its cost. Barring this,if the NSC and joint committee continue pushing forward with the ANSI standard, then the draft standard should be modified to address the above concerns.
To that end all sections of the draft standard, with the exception of those required by law should be voluntary and not required. This is especially germane to the sections in the standard that deal with expensive monitoring and tracking as these are not required by law; they appear to be in favor of large well capitalized operations; and they are to the detriment of smaller less capitalized operations. Further the standard should not require companies to provide the private data of their companies (eg. Tonnage of material produced, quantity of material shipped, number of pallets used, etc.) This is not required by law and companies have a reasonable expectation of privacy regarding these issues. A company should be able to meet less stringent minimum requirements (completing the basic criteria in 6 out of the 10 categories) of the standard without undo economic hardship or having to provide trade secrets and make public this type of private data. Finally, quarriers should not be forced to hire an independent consultant in order to certify to the standard. It is not required in order to file for storm water management permits, quarry permits, to meet MSHA or OSHA standards, to prepare tax returns for the IRS, or to prepare state tax returns. Those who participate should also not have to be a party to the monopoly the NSC appears to be attempting to create. It is one thing for the NSC to independently interpret the standard and market under their name and logo a path to adherence to the ANSI Standard, but to have it included in Annex B as part of the standard gives the NSC an unfair competitive advantage over any other organization, or company who wants to compete in this area (ie. Price Waterhouse Coopers, Delliotte, KPMG or other auditing firms, or environmental consulting firms who may want to compete.) The NSC already has a competitive advantage, given that it initiated the standard development, but the standard should not give exclusive gate keeping authority to it. In fact the standard should not take that authority out of the hands of the individual company at all. There would certainly be an unnecessary added cost to certify to an “NSC program” that is created using the ANSI standard. That cost unchecked by an even and competitive playing field can have significant adverse effects on quarriers, processors, environmental consultants, and ultimately the end consumer. The standard should not require this type of gatekeeping. The market will determine if there is any advantage to a gate keeper type organization or if legal ramifications for false representation, etc. are sufficient to protect against a company falsely certifying to a self audited standard. If the market determines it is necessary for a gatekeeper, it would still not be necessary for the standard to require it. Specifiers and consumers will demand it with their pocketbooks.
The draft appears to have created a very complex way of allowing some industry members to pat themselves on the back for following the law, while making it difficult or impossible for others to participate. Even if the environmental impact of those who cannot participate is far less than those who can. The stakeholders who are voting on this standard should be aware of this fact and understand that they are voting to put good hard working people out of business.
Below is a copy of the current draft with suggested changes to begin to address some of the concerns raised above. The changes are tracked in blue and red. These suggestions are not an endorsement of the standard or the direction the NSC has chosen to take. They are solely provided to give input if a standard is adopted and to make our company’s concerns know about the present draft language.
All suggested changes to the language of the draft standard below use the above as justification for the requested modification and may be further justified as noted and highlighted throughout.
Natural Stone Council Standard
Sustainability Assessment for Natural Dimension Stone
1 General
1.1 Purpose
The purpose of the Sustainability Assessment for Natural Dimension Stone is to recognize sustainability practices in the natural stone industry. The Standard establishes a set of well-defined environmental, ecological, social responsibility and human health metrics through a multi-stakeholder, science based approach recognized by the green building movement as an indicator of leadership in sustainability performance. The Standard provides an important opportunity to educate key members of the design and building professions, end users, government, and environmental advocacy groups about the generic production of natural stone products. As a rating system this Standard creates a mechanism that can be used to differentiates natural stone companies that choose to certify to the standard. The goal of the standard is to demonstrate environmental leadership through commitment to sustainable operations and continued innovation, while not penalizing quarries and fabricators of natural stone due to the size and scope of their facilities, the size of their business, or the geology they mine and/or process. Smaller quarries and fabricators are a vital part of the natural stone industry and are important for the continued success of the industry as a whole. This standard is not intended to be a barrier to enter the natural stone industry nor is it intended to be used to preclude any quarrier or fabricator from continuing to operate and compete in the natural stone industry. To ensure equity and continued competition across the natural stone industry no sections of the standard, with the exceptions of those required by law, will be required..Due to privacy concerns and trade secrets concerns all sections of the standard that require production, transportation, packaging quantity reporting and analysis will be deemed optional sections which will not be required to earn minimum level of sustainability achievement. Failure to participate in this voluntary standard will in no way be construed as a lack of concern for the environment or commitment to sustainability. This Standard considers national and international environmental, ecological, human health, and social responsibility requirements for stone quarrying and production, and Federal Anti-Trust Legislation..
This voluntary Standard emphasizes the disclosure of information so that the industry and others can rate the leadership in sustainability performance of companies in the natural stone industry who choose to certify to this standard. However, it is understood that privacy concerns and competition concerns are of great importanceto this very diverse industry and the stakeholders as a whole. necessary to mitigate negative impacts and promote efficiencies in the production of dimension stone products in a sustainable manner.
1.2 Scope
This Standard applies to natural stone quarried internationally or domestically, and the primary processing (as defined in 3) for that quarry stone claiming conformance to the Standard by product (some quarries produce certain products that they may wish to certify and others they produce out of the same geologic stone that they do not wish to certify. There should not be a penalty.). This Standard covers criteria from quarry operation through primary processing.
This Standard establishes criteria to measure quarry operations as well as primary processing operations that produce natural stone. In practice, the operator can choose to apply this Standard to: quarry operations, primary processing or both. This Standard is intended to allow for participation from both domestic and international natural dimension stone producers.
1.3 Principles
This Standard was developed based on the following important principles.
1.3.1 Life cycle consideration
A life cycle approach was used to ensure that quarry operations and primary processing associated with a dimension stone product are considered when developing the criteria for this Standard.
1.3.2 Relationship with legislation
A prerequisite for claiming conformance with this Standard shall be that the quarrier or processor is in compliance with health and safety, environmental, and other relevant regulations that are applicable to the quarry operations or primary processing facilities claiming conformance. Tracking number 373i1r1.9 Creation of new Standard – NSC 373 Sustainability Assessment for Natural Dimension Stone Draft 1.9, September 17, 2012 This document is part of the NSF International standard development process. This document is subject to change and may be a draft and/or non-final version. Committee members may reproduce, quote from, and/or circulate this document to persons or entities outside of their organization after first providing NSF International with written notice of to whom and for what purpose this document is to be shared. Page 3 (proceed to next page for continuation of proposed draft changes)
1.3.3 International and domestic trade aspects
The procedures and requirements included within this Standard are designed to enhance trade while maintaining a level of awareness with respect to environmental and social issues. It is not meant to restrict trade or create artificial barriers to competition. Therefore all aspects of this standard, with the exception of those required by law, are voluntary and not deemed mandatory. Any section that requires an operation to provide production, transportation, packaging quantity reporting and analysis will be deemed optional sections which will not be required to earn minimum level of sustainability achievement.
Failure to participate in this voluntary standard will in no way be construed as a lack of concern for the environment or commitment to sustainability
1.3.4 Scientific basis
The criteria contained in this Standard were developed and selected based on sound scientific, and engineering principles intended to achieve credible, accurate, reproducible and measurable results.
1.3.5 Innovation
Use of this Standard is intended to support , not inhibit, innovation that maintains or has the potential to improve environmental and social responsibility.
1.3.6 Continuous improvement
This Standard is maintained by the consensus body to promote continuous reasonable levels of improvement within the industry. The joint committee will seek input from trade associations, quarriers, fabricators and other registered interested stakeholders through an open comment period prior to making any alteration to the standard. That open comment time period shall not be less than 45 days from time of public notice. Public notice will include, but not be limited to, notice 30 days prior to the open comment period, being provided to all natural Stone Industry Trade Associations in the NSC or Any interested stakeholder that register with the Joint Committee.
Joint Committee Members shall not serve more than two 3 year terms in a row. A joint Committee member who has served two 3 year terms in a row will be eligible to qualify for consideration to serve up to two additional 3 year terms, after sitting out for at least one 3 year time period from expiration of their last term.
2 Normative references
The following documents contain provisions that, through reference, constitute provisions of this Standard. At the time this Standard was balloted, the editions listed below were valid. All documents are subject to revision, and parties are encouraged to investigate the possibility of applying the most recent editions of the documents indicated below.
Age Discrimination in Employment Act of 19671
1 EEOC Headquarters, U.S. Equal Employment Opportunity Commission, 131 M Street, NE, Washington, DC 20507. <
2 ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA, 19428-2959 USA <
3 US Department of Labor, Occupational Safety and Health Administration.
<
ASTM C119 - 11 Standard Terminology Relating to Dimension Stone2
ASTM C1528-12a Standard Guide for Selection of Dimension Stone2
Sherman Anti Trust Act of 1890
Clayton Anti Trust Act of 1914
Civil Rights Act of 19911
Equal Pay Act of 19631
Globally Harmonised System (GHS). The Globally Harmonized System of Classification and Labelling of Chemicals3 Tracking number 373i1r1.9 Creation of new Standard – NSC 373 Sustainability Assessment for Natural Dimension Stone Draft 1.9, September 17, 2012 This document is part of the NSF International standard development process. This document is subject to change and may be a draft and/or non-final version. Committee members may reproduce, quote from, and/or circulate this document to persons or entities outside of their organization after first providing NSF International with written notice of to whom and for what purpose this document is to be shared. Page 4 (proceed to next page for continuation of proposed draft changes)
International Labour Organization (IARC), Monographs on the Evaluation of Carcinogenic Risks to Humans, International Agency on the Research of Cancer4
4 International Agency for Research on Cancer (IARC), 150 Cours Albert Thomas, 69372 Lyon CEDEX 08, France. <
5 Marble Institute of America, 28901 Clemens Rd, Ste 100, Cleveland, OH 44145 <
6 OEHHA (Office of Environmental Health Hazard Assessment), 1001 Street, P.O. Box 2815, Sacramento, CA 95812-2815. <
7 National Toxicology Program (NTP): U.S. Department of Health and Human Services, Public Health Service, Research Triangle Park, NC 27709. <
8 US EPA - TRI Reporting Center, PO Box 10163, Fairfax, VA 22038.
< (Proceed to next page for continuation of proposed draft changes)
9 US Occupational Safety and Health Administration (OSHA), 200 Constitiution Ave., NW, Washington, DC 20210. <
Marble Institute of America Glossary5
State of California Environmental Protection Agency, Proposition 65, Safe Drinking Water and Toxic Enforcement Act of 1986 – Title 22, Division 2, Subdivision 1, Chapter 3, Sections 1200, et. seq. 6
Titles I and V of the Americans with Disabilities Act of 1990 (ADA)1
Title VII of the Civil Rights Act of 19641
US Department of Health and Human Services, National Toxicology Program (NTP), Report on Carcinogens7
US Environmental Protection Agency (USEPA), Toxics Release Inventory (TRI) Program – Persistent, Bioaccumulative, and Toxic (PBT) Chemicals Rules8
US Occupational Safety and Health Administration (OSHA) – Regulated Toxic Metal or Carcinogen9
3 Definitions
authoritative list: An independent resource listing chemicals of concern for human or environmental health effects. For the purposes of this Standard, a list of Authoritative lists is provided in Annex A.
carcinogen: chemicals which cause cancer. Carcinogens are defined as those chemicals listed as known, probable, or possible human carcinogens by the International Agency for Research on Cancer (IARC), the National Toxicology Program (NTP), the U.S. Environmental Protection Agency, or the Occupational Health and Safety Administration.
chemical of concern: A chemical identified through its listing on one or more authoritative human health and environmental hazards resources listed in Annex A. Tracking number 373i1r1.9 Creation of new Standard – NSC 373 Sustainability Assessment for Natural Dimension Stone Draft 1.9, September 17, 2012 This document is part of the NSF International standard development process. This document is subject to change and may be a draft and/or non-final version. Committee members may reproduce, quote from, and/or circulate this document to persons or entities outside of their organization after first providing NSF International with written notice of to whom and for what purpose this document is to be shared. Page 5