Firewood restrictions to protect forests from invasive species.
Purpose:
To protect New York State's forests from invasive insects and diseases.
Public hearing(s) will be held at:
7:00 p.m. - 9:00 p.m., Jan. 14, 2009 at Pine Bush Discovery Center, Rte. 155 (Former SEFCU HQ), Albany NY; 7:00 p.m. - 9:00 p.m., Jan. 20, 2009 at Reinstein Woods Environmental Education Center, Mikol Rm., 93 Honorine Dr., Depew, NY.
Interpreter Service:
Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Text of proposed rule:
A new section 192.5 is added to 6 NYCRR Part 192 to read as follows:
§ 192.5 Firewood Restrictions to Protect Forests from Invasive Species.
(a) Definitions. For the purposes of this section, these terms shall be defined as follows:
(1) "Department" shall mean the New York State Department of Environmental Conservation.
(2) "Dealer" shall mean any person or business, other than a firewood producer, that sells firewood.
(3) "Firewood" shall mean any kindling, logs, chunkwood, boards, timbers or other wood of any tree species cut and split, or not split, into a form and size appropriate for use as fuel.
(4) "Firewood producer" shall mean any person or business who processes kindling, logs, chunkwood, boards, timbers or other wood of any tree species into firewood for sale.
(5) "New York-Approved Treated Firewood / Pest-Free" shall mean a labeling standard for firewood that may be used by a firewood producer who complies with the provisions of subdivision (d) of this section.
(6) "New York-Sourced Firewood" shall mean a labeling standard for firewood used by a New York firewood producer who complies with the provisions of subdivision (e) of this section.
(7) "Person" shall mean an individual, organization, corporation or partnership, other than the department, public authority, county, town, village, city, municipal agency or public corporation.
(8) "Phytosanitary certificate" or "plant health certificate" shall mean an official document issued by a state or country from which firewood is being exported which certifies that the firewood meets the phytosanitary regulations of New York State.
(9) "Self-issued Certificate of Source" shall mean certification, on a form prescribed by the department, that is signed by a person who desires to move firewood, for personal use, from one location to another, within New York in compliance with the provisions of subdivision (f) of this section.
(10) "Source" shall mean the village, town or city, which the firewood producer declares as the source of the firewood. All trees or logs that are processed into firewood that is declared to be from the named source shall have been grown within 50 miles of the named source, prior to being obtained by the firewood producer.
(11) "Untreated Firewood" shall mean any firewood that has not been treated in accordance with the provisions of subdivision (d) of this section.
(12) "50 miles" shall mean a 50 mile linear distance determined by using the scale-bar on a New York State road map, atlas or gazetteer, from the point identified as the stated source of the firewood in question.
(b) Prohibition on Transport of Untreated Firewood into New York State.
No person shall transport, by any means, Untreated Firewood into New York State, for sale or use within the State from any location outside the State.
(c) Restrictions on Transport, Sale and/or Possession of Untreated Firewood within New York State.
(1) No person shall transport, sell or possess Untreated Firewood within the State unless its source is identified according to the criteria set forth in either subdivision (e) or (f) of this section.
(2) No person shall move Untreated Firewood produced, from trees that are grown in New York State, more than 50 miles from the source of the firewood.
(3) Dealers of New York-Sourced Firewood shall provide copies of the firewood source documentation, provided by the firewood producer, to all purchasers.
(4) Firewood producers shall maintain records of log or wood purchases or procurement to verify the sources of their firewood. Such records shall be made available for inspection by the department upon request.
(d) Standards for Treatment and Labeling.
(1) Firewood may be labeled "New York-Approved Treated Firewood / Pest Free" if accompanied by a Firewood producer's certification that it was heat treated to achieve a minimum wood core temperature of 71°C for a minimum of 75 minutes. Such treatment may employ kiln-drying or other treatments approved by the department that achieve this specification through use of steam, hot water, dry heat or other methods.
(2) A Firewood producer's certification shall indicate the producer's name, legal address and the village, town or city of the business on a label, bill of sale or lading, purchase receipt or invoice accompanying such firewood.
(3) Producers of "New York-Approved Treated Firewood / Pest-Free" firewood shall maintain, for at least one year from the date of treatment, records that document the treatment method and the volume of firewood treated, and shall also allow department officials to inspect such records and the facilities used to treat firewood upon request.
(4) Phytosanitary certificates from an out-of-state firewood producer's State Department of Agriculture or the United States Department of Agriculture Animal Plant Health Inspection Service (USDA APHIS) may be used to verify the treatment method and volumes of treated firewood that is produced out-of-state.
(e) "New York-Sourced Firewood" requirements.
(1) The "New York-Sourced Firewood" designation may be applied only to Untreated Firewood that has its source wholly within New York State, and is transported not more than 50 miles from the firewood producer's declared source of the firewood.
(2) Dealers of "New York-Sourced Firewood" shall provide to customers the name of the producer of the firewood, the producer's legal address and the source of the firewood, as provided by the firewood producer, on a label, bill of sale or lading, purchase receipt or invoice, attached to or accompanying such firewood they sell.
(f) Self-issued Certificate of Source.
(1) Persons who cut and transport Untreated Firewood for personal use must complete and possess a Self-Issued Certificate of Source from the department in accordance with this section.
(2) A Self-Issued Certificate of Source must specify the source of the firewood being cut and transported.
(3) Self-Issued Certificate of Source forms shall be available on the department's website, www.dec.ny.gov, and at the department's regional offices.
(4) No person who cuts and/or transports firewood for personal use shall move such firewood more than 50 miles from its source unless it is treated in accordance with subdivision (d) of this section.
(5) Persons who cut firewood on their own property, for their own use on that same property, are exempt from the requirements of this subdivision.
Text of proposed rule and any required statements and analyses may be obtained from:
Bruce Williamson, Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, NY 12233-4253, (518) 402-9425, email: firewood@gw.dec.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
Additional matter required by statute:
A negative declaration has been prepared and is in compliance with Article 8 of the Environmental Conservation Law.
Summary of Regulatory Impact Statement
Statutory authority:
Environmental Conservation Law (ECL) section 1-0101 (3) (b) directs the Department of Environmental Conservation ("Department") to guarantee "that the widest range of beneficial uses of the environment is attained without risk to health or safety, unnecessary degradation or other undesirable or unintentional consequences." ECL section 1-0101 (3) (d) directs the Department to preserve the unique qualities of the Adirondack Forest Preserve. ECL section 3-0301 (1) (b) gives the Department the responsibility to "promote and coordinate management of… land resources to assure their protection… in promulgating any rule or regulation." ECL section 3-0301 (1) (d) authorizes the Department to "provide for the care, custody and control" of forest preserve lands; ECL section 9-0105(1) authorizes the Department to "exercise care, custody and control of the several preserves, parks and other state lands described" in ECL Article 9; ECL section 3-0301 (2) (m) authorizes the Department to adopt rules and regulations "as may be necessary, convenient or desirable to effectuate the purposes of the ECL" and ECL section 9-0105 (3) authorizes DEC to "make necessary rules and regulations to secure proper enforcement of ECL Article 9."
ECL section 9-1303 grants the following authority for the purpose of control and preventing the spread of forest insects and forest tree diseases: to conduct necessary investigations to discover better methods of control or prevention of the spread of forest insects and forest tree diseases; to enter upon any lands for the purpose of determining if such property is infested with forest insects or forest tree diseases; to establish quarantine districts in the State; to prohibit the movement of materials which may be harboring forest insects or forest tree diseases in any of their different forms; to poison forest areas in or near sections infested by insect pests or forest tree diseases; to establish zones for preventing the spread of forest insect and disease pests; and to make rules and regulations to prevent the spread of or to control forest insects and forest tree diseases, their pupae, eggs and caterpillars, and plants or trees infested by them.
Legislative objectives:
The proposal directly supports the legislative intent underlying the Department's authority to protect forests, by regulating the importation and movement of a wood product that has been demonstrated to be a primary carrier for numerous destructive, invasive, and exotic forest pests. The United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) and State agencies have identified a connection between the movement of infested firewood with new infestations and expansions of infested areas for Emerald ash borer in Michigan, Illinois, Indiana, and West Virginia. In the absence of a confirmed, specific pest infestation, the federal government does not have the authority to prevent the movement of potentially-infested wood materials. This is akin to closing the barn door after the horses have left. The New York State Legislature clearly intended the Department to be pro-active in protecting our forest resources, which is the intent of this regulation.
Needs and benefits:
Firewood has the potential to spread many destructive, invasive, exotic pests, both known and, as yet, unknown. Confirmed threats to New York State include: Emerald ash borer, Sirex noctilio (European wood wasp), Asian long-horned beetle, European gypsy moth, Asian gypsy moth, and a number of other wood boring or defoliating insects, plus decay and wood-stain fungi as well as the pathogens that cause Dutch elm disease, oak wilt, and sudden oak death. Firewood product is often stored and unused for long periods of time, and is handled by persons generally not trained to identify signs of invasive pests. Once established in new areas, invasive forest pests can quickly kill trees in forests, parks, communities and campgrounds. For example, USDA APHIS estimates that over 30 million ash trees have already been killed by the Emerald ash borer in Michigan with additional millions of trees dead or dying in the Indiana, Illinois, Ohio, Pennsylvania, Maryland, West Virginia and Ontario, Canada. In urban settings, this presents liability concerns and may require significant expenditures (in the millions of dollars) for removal of dead trees. For example, it will cost the City of Ann Arbor, Michigan (population 99,000) over $4.3 million dollars to remove over 10,000 dead and dying ash trees (7,500 street trees alone) that pose safety hazards to residents and property, and expose the city to potential liability costs.
Ecological costs could include the loss of entire tree species. There are an estimated 750 million ash trees in New York State (excluding the Adirondack and Catskill Forest Preserves) and ash constitutes 7% of all trees in our forests.
Similarly, the Asian longhorned beetle, an invasive insect has already been found in New York City and on Long Island, and could wreak havoc across upstate New York forests and communities because most maple species are among its preferred hosts.
The proposed rule is needed to reduce the risk of introduction and spread of invasive insects and diseases of trees by preventing untreated firewood from entering New York State and restricting the movement, sale and possession, within the State, of untreated firewood that originates in New York State.
The Department intends to hold a series of public meetings around the State to inform interested and affected stakeholders of the need for firewood regulations. These meetings will include information about how producers, dealers and consumers of firewood will be affected, along with the actions necessary for their compliance with these regulations. Department staff has and will continue to discuss this regulation with individual stakeholders. In addition, the development of this regulation has been based in part on firewood surveys last summer at DEC and private campgrounds. Also, the Department and the Office of Parks, Recreation and Historic Preservation (OPRHP) have developed "Don't Move Firewood" information on their public websites. As part of its outreach strategy, the Department developed communication materials (bookmarks, fact sheets, and signs) that were distributed statewide to numerous outlets such as the New York State Thruway rest stops, the New York State Fair, county fairs, and private campground associations.
Costs:
The proposed regulation will impose additional costs to out-of-state producers, or large scale, in-state producers shipping firewood farther than 50 miles. The cost to comply with treatment requirements for firewood may be passed on to consumers. Equipment investment of up to $250,000 may be required for a business to acquire all the necessary equipment from scratch, although most already have much of the necessary equipment, or could acquire second-hand equipment. Other compliance requirements that would increase costs for producers include increased documentation and record-keeping on firewood, monitoring equipment and personnel time to comply with the product labeling standard. Labeling, if not already done, could be a positive investment, as it would increase marketability of the product to consumers.
The regulation may also increase markets and demand for treated or local, "New York-Sourced" firewood. Ultimately, the Department anticipates no change in the overall amount of firewood consumed, but a re-distribution of the firewood supply.
The proposed regulation would increase costs and demands on Department staff due to the following:
- increasing public outreach;
- increasing communication with campers and other firewood users;
- increasing outreach to firewood producers and vendors;
- supplying firewood at campgrounds;
- enforcing this regulation; and
- disposal of confiscated material.
Many of these same costs would also be incurred by OPRHP, and to a lesser extent, New York State Department of Agriculture and Markets (NYSDAM).
Local government mandates:
The proposed regulation does not impose any programs, services, duties or responsibilities upon any county, city, town, village, school district or other special district.
Paperwork:
Producers would be required to document treatment of firewood, or document sources of firewood or logs converted to firewood. Firewood dealers, both wholesale and retail, would be required to provide documentation of treatment or local source of firewood to customers, which could be accomplished by labeling or on an invoice or receipt.
Duplication:
Some firewood producers may also receive certification from USDA APHIS to move firewood into or out of federally quarantined areas for certain forest pests. APHIS certification may require heat treatment of the product consistent with the proposed State regulation and would be accepted as meeting the State's requirements.
Alternatives:
The Department could continue its public awareness campaign without implementing regulations. This alternative would prevent enforcement against inappropriate firewood movement, and compromise the Department's ability to responsibly manage State owned lands.
Or the Department could prohibit out-of-state firewood, or "non-local wood" from being brought into State campgrounds, or onto public lands. Some other States, localities, or federal agency units (certain National Forests, managed by the U.S. Forest Service, or National Parks, managed by the National Park Service) have taken this limited approach. However, this approach does not adequately protect all of the State's forests, since our State campgrounds and lands only comprise a partial percentage of the State forests.
Another alternative could utilize voluntary agreements between the Department and the firewood producer/vendor for "New York-Sourced wood", and focus on the point of sale. This differs from the proposed regulation because it fails to address the subsequent movement or possession of firewood by the buyer. If the subsequent movement and possession of untreated firewood is not regulated, there would be no protection of our forest resources from the unintentional and unknowing human-assisted movement of forest pests within the State. Also, it would not address the significant risk presented by the movement of wood into New York State from other States. The Department is equally concerned about the movement of pests harbouref on firewood from Long Island to the Catskills or Buffalo to the Adirondacks.
Federal standards:
USDA APHIS' authority to impose quarantine restrictions concerning treatment and movement of firewood (a commodity) are only imposed in direct conjunction with a specific pest species regulatory action. The Department is being proactive and recognizes that a wide variety of invasive, exotic forest pests and diseases may be transported to new areas on many different species of wood used as firewood.
The heat treating standard the Department is requiring for imported firewood is consistent with USDA APHIS Emerald ash borer quarantine standards and international trade standards for firewood and solid wood packaging materials.
Compliance schedule:
Regulated parties can comply immediately with the regulation by altering their distribution patterns for firewood. To be in compliance, in state producers, dealers and consumers of firewood only need to restrict their sourcing, distribution and movement of firewood to refocus on readily available local markets. In most cases, this will not entail any change in current practices, since most firewood is already obtained, processed and sold locally. Firewood is a low value product, and the high and increasing cost of gas and diesel fuel make long distance commercial movement of this product uneconomical.
Many out-of-state producers already heat-treat their firewood as a marketing strategy, and have most of the necessary facilities and equipment to meet New York State's import requirements. Minimal time would be required for them to comply with the additional monitoring requirements, and time and temperature requirement for the treating process. The Department is not proposing to recall existing dealer stocks of firewood from the marketplace and anticipate that there will be a period of time (perhaps 1-2 months, or more) when some firewood will continue to be sold that does not meet the new labeling and treating standards. Our intention is to focus on awareness and education during this initial period, rather than strict enforcement.
Regulatory Flexibility Analysis
1. Effect of rule: The proposed regulation will impose additional costs to out-of-state producers, who would be required to heat-treat firewood which they plan to export to New York State, and those in-state firewood producers who choose to distribute their firewood beyond 50 miles and must therefore heat-treat it. Equipment investment of up to $250,000 may be required for a business looking to acquire new heat-treatment equipment, although many large producers already own much of the necessary equipment (kilns, controls, racks, etc.) or could acquire used equipment. Other compliance requirements that would increase costs to heat-treated wood producers that may be passed on to consumers include increased documentation and record-keeping on firewood, monitoring equipment and personnel time to maintain records and compliance with the product labeling standard, although compliance with labeling requirements would be minimal if compliance information is added to an existing label or invoice. Source labeling could be an added expense for all firewood producers, in-state and out-of-state, if not already being done. Labeling, however, could be a positive investment, as it could increase marketability of the product to consumers and serve as advertising.
Regulation may also increase markets and demand for treated or "New York-Sourced Firewood", as users change their behavior patterns in firewood use in response to the Department's increased outreach education promoting the new regulations and the "don't move firewood" and "use local firewood" messages. Ultimately, the Department anticipates no changes in overall amount of firewood use, but, rather, a re-distribution or change in the pattern of consumption. The Department expects that as a result of the rulemaking, firewood produced in a given area, will be bought, sold and used within that area. Long distance movement of untreated firewood will be discontinued. Due to the ready availability of firewood in most parts of the state where firewood is used, this should have minimal impact on the consumers or producers.
Many firewood dealers are "small businesses." This rule does not make special provisions for "small businesses," because pest infestations are unrelated to business size. However, this rule should have little impact on their sales because most of their firewood is sold locally and locally sold firewood need not be treated before sale.
2. Compliance requirements: This rule will impact long distance operators the most. These operators will be required to undertake a wide ranging number of acts to gain producer certification in order to comply with the proposed regulation. These acts will require new reporting and recordkeeping activities (where none or very little is currently required), as well as building new infrastructure and the purchasing of new equipment. In addition, this segment of the industry will be required to comply and coordinate with state regulators on a regular basis where no such contact previously existed.
Local operators will be required to initiate new, but relatively minor recordkeeping activities that include product origin-labeling or other types of documentation that indicate firewood is "New York"-sourced.
3. Professional services: Long distance operators will likely require professional services in order to build new infrastructure and to purchase and install a heat source (e.g. boiler, direct heat) and temperature/time monitoring equipment.
4. Compliance costs: Long distance operators will face substantial initial capital costs in order to continue transporting firewood over 50 miles. Start-up costs if new equipment must be purchased would approximate 250,000 dollars. In addition, other costs will likely be incurred initially due to a change in normal business activities.
It is not possible for the Department to fairly and accurately estimate the annual cost of continuing compliance for long distance operators since little information is available regarding time and energy consumption needs for treating firewood according to the time/temperature requirement stated in the rule. Annual costs will vary for long distance operators depending on many factors, including scale of operation and type of fuel available for producing process heat.
Both initial and continuing compliance costs will likely vary between long distance operators since some operators will have some of the infrastructure required for heat-treatment already in place. Others will have the capacity to install required equipment for less cost than the estimate due to their ability to fabricate certain types of equipment "in-house" rather than purchasing from an outside vendor, or the purchase of used equipment.
Finally, it is anticipated that some long distance operators would be able to recoup an unknown portion of additional annual operating costs by raising prices to the consumer.
Local operators will face little up front capital cost and negligible costs in order to maintain compliance on an annual basis. Costs to maintain compliance will be mostly in the form of additional administrative and record keeping time to the operator.
5. Economic and technological feasibility: Compliance is technologically feasible for both long distance and local operators, however, it is less likely that long distance operators will be willing or able to comply with the regulation due to both their relatively small scale of business and economic constraints of compliance costs noted above. Although one long distance operator currently sells firewood that meets the proposed compliance requirement, and two sell "kiln-dried" firewood (partially meeting the compliance requirement), these operations are unique in that they sell "retail" firewood on a large scale basis and command a premium price since it is sold in bagged or wrapped units of one cubic foot or less. These operations contrast with most long distance operators who generally deliver unwrapped green firewood "in bulk" (between 40 and 1,000 cubic feet).
It is not anticipated that the proposed rule will have a net negative impact on the overall level of firewood trade in New York. However, it is anticipated that it will have the effect of shifting the firewood trade between the existing pool of long distance operators so that more firewood is sold locally.
6. Minimizing adverse impact: The proposed compliance requirement minimizes adverse impact to the potentially affected segments of the firewood industry. The heat-treatment requirements proposed for long distance operators and the labeling requirement proposed for local operators are the only feasible methods known to prevent the accidental human-caused spread of invasive forest pests. The only other option for preventing the spread of invasives by firewood would be banning the sale of firewood, which would be far more onerous on the firewood industry.
7. Small business and local government participation: Department staff have had numerous conversations with firewood related businesses and individuals related to the proposed regulation. These conversations included some long distance operators that either currently heat-treat firewood to the required standard as stated in the proposal or to a lesser standard. No alternative methods have been discovered that would be less adverse to small businesses and at the same time meet the objective of the proposal. In addition, the Department plans to hold a series of public information meetings at various locations around the state. An announcement will appear in the New York Timber Producers Association Quarterly Newsletter as well as in local newspapers, and on the Department's website, regarding a schedule for these meetings.
Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas:
The proposal is applicable Statewide and covers all rural and non-rural areas equally.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
Producers of firewood across the state would be required to document treatment of firewood or document sources of firewood or logs converted to firewood. The firewood producer would need to maintain and make available for inspection documentation of the treatment method and sources of firewood upon request of an inspecting official, but would not be required to file any documentation with the Department of Environmental Conservation.
Wholesale and retail firewood dealers would be required to provide to their customers documentation regarding treatment or local source(s) of firewood, which can be accomplished by labeling the firewood or by providing this information on an invoice or receipt.
No professional services are anticipated to be necessary for any firewood producer or dealer to comply with the regulation.
3. Costs:
The proposed regulation will impose additional costs to out-of-state producers who export firewood to New York State because firewood would have to be heat treated. In state producers who choose to distribute their firewood beyond 50 miles would also incur additional costs due to the heat-treat requirement. This cost will likely be passed on to consumers. Equipment investment of up to $250,000 may be required for a business acquiring new heat-treatment equipment, although many large producers already have much of the necessary equipment (e.g., kilns, controls, and racks) or could acquire used equipment. Other compliance requirements that would increase costs to heat-treated wood producers that may be passed on to consumers include increased documentation and record keeping on firewood, monitoring equipment and personnel time to maintain records that comply with the product labeling standard. Compliance with the product labeling standard would be minimal if the compliance information is added to an existing label or invoice. Source labeling could be an added expense for all firewood producers, in state and out-of-state, if it is not already being done. Labeling, however, could be a positive investment, as it could increase marketability of the product to consumers and serve as advertising.
The regulation may increase markets and demand for treated or "New York-Sourced Firewood". Users change their behavior patterns relating to firewood use in response to the Department's outreach education promoting the new regulations and "don't move firewood" and "use local firewood" messages. Ultimately, the Department anticipates no changes in the overall amount of firewood use, but, rather, a re-distribution, or change in the pattern of consumption. It is expected that long distance movement of firewood will be dramatically reduced, and firewood produced in a given area will be bought, sold and used primarily within that area. Due to the ready availability of firewood in most parts of the state where significant quantities of firewood are used, this should have minimal impact on the availability of firewood for consumers or the businesses of producers.
The regulation would increase costs and demands on Department staff due to the following:
- Increased public outreach,
- Increased communication with campers and other firewood users,
- Increased outreach to firewood producers and vendors,
- Enforcement of the regulation, and
- Disposal of confiscated material.
Many of these costs would also be incurred by the Office of Parks, Recreation and Historic Preservation and, to a lesser extent, the New York State Department of Agriculture and Markets.
4. Minimizing adverse impact:
The Department has minimized unnecessary adverse impacts on New York State jobs by creating a mechanism for the continued production and sale of firewood in the State. In some areas of the State, including rural areas, this may increase employment or economic opportunities because there will be agreatere demand from consumers for locally-sourced firewood. Restricting the importation of untreated firewood into the state may also increase demand for locally-sourced firewood and the market opportunities for New York State based producers and retailers of this commodity.
5. Rural area participation:
The Department intends to hold a series of public information meetings around the State to inform the public of the proposed regulations, the need for them, how they will affect producers, dealers and consumers of firewood, and how all can comply with the regulation.
Job Impact Statement
1. Nature of impact:
The regulation is not expected to have any significant impact on job numbers. Most people involved in producing and selling firewood do so as a sideline or part-time endeavor, or as a secondary aspect of another business (e.g., an arborist whose crew cuts logs and limbs from tree care work into firewood for later sale). Much of the firewood business and “employment” is typically “underground”, and not documented in Labor statistic or with IRS. The regulations should prompt only a shift in the distribution, sales and use patterns of firewood, encouraging local use by discouraging the long-distance movement of wood. The total count of firewood produced and used should not be affected. For larger business that choose to heat-treat firewood for broader distribution, there may be an increase in jobs related to the heat-treating requirements.
2. Categories and numbers affected:
The jobs affected would primarily be laborer types, requiring minimal skills and training, related to cutting and splitting log length wood into firewood pieces and handling, treating, packaging and delivering the product. No data is available on the number of people employed in producing firewood, as this is not a well-documented workforce. It is highly seasonal, and intermittent in nature. The “workforce” may, at times, include arborists, tree care and landscape contractors, nurseries and garden centers, loggers, farmers, and possibly anyone who owns a chainsaw and pick-up truck. Due to the nature of the product and market, there are few large-scale producers and dealers.
3. Regions of adverse impact:
The regulation applies equally across the State. There are no regions where the rule would have a disproportionate adverse impact on jobs or employment opportunities.
4. Minimizing adverse impact:
The Agency has minimized unnecessary adverse impacts on New York jobs by creating a mechanism for the continued local production and sale of firewood. In some areas of the State, this may increase job or economic opportunities since there will be a greater demand from consumers for locally-sourced firewood. Restricting the importation of untreated firewood into the state may also increase demand for locally-sourced firewood and the market opportunities for producers and retailers of this commodity.
5. Self-employment opportunities:
Much of the firewood market is supplied through self-employment (and much of it is undocumented). As previously stated, it is anticipated there will be more opportunities for individuals to enter the firewood business, both as producers and dealers, in their local areas as customers seek to find more local sources of firewood supply.
