Technical Bulletin 117-2013 - California

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Technical Bulletin 117-2013Requirements, Test Procedure and Apparatus forTesting the Smolder Resistance of MaterialsUsed in Upholstered FurnitureCalifornia Environmental Quality ActInitial Study/Proposed Negative DeclarationState of CaliforniaDepartment of Consumer AffairsPrepared ByBureau of Electronic & Appliance Repair Home Furnishings &Thermal Insulation (BEARHFTI)4244 South Market Court, Suite DSacramento, California 95834February 15, 2013

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NEGATIVE DECLARATIONProject: Technical Bulletin 117-2013: Requirements, Test Procedure and Apparatus forTesting the Smolder Resistance of Materials Used in Upholstered FurnitureLead Agency: Bureau of Electronic & Appliance Repair Home Furnishings & ThermalInsulation (BEARHFTI)PROJECT DESCRIPTIONThis Negative Declaration (ND), supported by the attached Initial Study (IS), evaluatesthe environmental effects of the proposed update to Technical Bulletin 117. The updaterelates to flammability standards for upholstered furniture and additional specifiedarticles exempt from flammability standards. The updated bulletin will have statewideapplication. BEARHFTI prepared the update pursuant to California Business andProfessions Code sections 19034 and 19161.The update proposes to establish new performance and labeling requirements underthe new flammability standard Technical Bulletin 117-2013 (TB 117-2013).1 TB 1172013 supersedes TB 117 and is based on the American Society for Testing andMaterials International voluntary upholstered furniture flammability standard, ASTM E1353-08a.2BEARHFTI is responsible for establishing upholstered furniture flammability standards3and providing exemptions for certain items of upholstered furniture that are deemed tonot pose a serious fire hazard.4 BEARHFTI is the lead agency for this project as definedby the California Environmental Quality Act (CEQA) and prepared this IS and ND. TheIS and ND reflect the independent judgment and analysis of BEARHFTI.FINDINGBEARHFTI prepared an IS, attached to this ND, to assess the project‘s potential effectson the environment and the significance of those effects. Based on the information andanalysis in the IS, BEARHFTI determined, and therefore finds, that the proposed projectwill not have any significant effects on the environment. This conclusion is supported bythe following determinations:The proposed project will have no impact related to aesthetics, agricultural andforestry resources, air quality, biological resources, cultural resources, geologyand soils, greenhouse gas emissions, hazards and hazardous materials,hydrology and water quality, land use planning, mineral resources, noise,population and housing, public services, recreation, transportation and traffic.1Available at: The ASTM E-1353-08a standard is copyrighted. The standard is available for review, not copying, atBEARHFTI‘s office.3California Business and Professions Code section 191614California Business and Professions Code section 19161.52BEARHFTITechnical Bulletin 117-2013 IS/ND3

The proposed project will have a less-than-significant impact on utilities andservice systems. These effects relate to possible minor changes in overallconsumer behavior. Specifically, a small portion of the population may desire todispose of a piece of furniture early in order to purchase a new piece of furniturewith fewer chemicals and/or better fire performance. The best availableinformation indicates that changes in consumer behavior due to this project willbe minor, and therefore, will not cause significant environmental impacts.RECORDS OF PROCEEDINGSWebsite Access: Materials regarding this project can be found l.In order to view the copyrighted ASTM E-1353-08a standard, you must visit the Bureauof Electronic & Appliance Repair Home Furnishings & Thermal Insulation headquarters.A physical copy can be viewed at this location upon request. Duplicates of thisdocument, however, cannot be made.Custodian of RecordsBureau of Electronic & Appliance Repair Home Furnishings & Thermal Insulation(BEARHFTI)4244 South Market Court, Suite DSacramento, California 95834-1243Questions or comments regarding this ND and IS may be addressed to:Name:Address:Telephone No.:Fax No.:E-Mail Address:Diana GodinesBureau of Electronic and Appliance Repair,Home Furnishings and Thermal Insulation4244 South Market Court, Suite DSacramento, CA 95834(916) 999-2068(916) 923-0642diana.godines@dca.ca.govAfter receiving and considering comments from the public and reviewing agencies,BEARHFTI may: (1) adopt the ND and approve the proposed project; (2) undertakeadditional environmental studies; (3) approve the project with mitigation measures, or(4) disapprove the project.BEARHFTITechnical Bulletin 117-2013 IS/ND4

LEAD AGENCY DETERMINATIONOn the basis of this initial evaluation:I find that the proposed project COULD NOT have a significant effect on the environment, anda NEGATIVE DECLARATION will be prepared.I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because revisions in the project have beenmade by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATIONwill be prepared.I find that the proposed project MAY have a significant effect on the environment, and anENVIRONMENTAL IMPACT REPORT is required.I find that the proposed project MAY have a "potentially significant impact" or "potentiallysignificant unless mitigated" impact on the environment, but at least one effect 1) has beenadequately analyzed in an earlier document pursuant to applicable legal standards, and 2) hasbeen addressed by mitigation measures based on the earlier analysis as described on attachedsheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only theeffects that remain to be addressed.I find that although the proposed project could have a significant effect on the environment,because all potentially significant effects (a) have been analyzed adequately in an earlier EIRor NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoidedor mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisionsor mitigation measures that are imposed upon the proposed project, nothing further is requiredSignature:Date:Printed Name:For:BEARHFTITechnical Bulletin 117-2013 IS/ND5

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INITIAL STUDYTABLE OF CONTENTSAcronyms and Abbreviations8Chapter 1: Introduction10Chapter 2: Project Description15Chapter 3: Environmental theticsAgriculture and Forest ResourcesAir QualityBiological ResourcesCultural ResourcesGeology and SoilsGreenhouse GasesHazards and Hazardous MaterialsHydrology and Water QualityLand Use and PlanningMineral ResourcesNoisePopulation and HousingPublic ServicesRecreationTransportation and TrafficUtilities and Service SystemsMandatory Findings of apter 4: References52Chapter 5: Report Preparation57AppendicesAppendix AAppendix BBEARHFTITechnical Bulletin 117-2013 IS/ND59627

ACRONYMS AND 2SWRCBTACsTB 117TB 117-2113U.S. EPAUSBRV/CAverage Annual Daily TrafficCalifornia State Assembly BillThe California Air Resources BoardThe Bureau of Electronic & Appliance Repair Home Furnishings &Thermal InsulationCalifornia Department of Resources Recycling and RecoveryCalifornia Code of RegulationsCalifornia Environmental Quality ActCarbon MonoxideConsumer Products Safety CommissionCalifornia Public Utilities CommissionCalifornia Department of Water ResourcesEnvironmental Impact ReportFarmland Mapping and Monitoring ProgramGreenhouse GassesInitial StudyLevel of ServiceNegative DeclarationNitrous DioxideParticulate Matter Less Than 2.5 Microns in DiameterParticulate Matter Less Than 10 Microns in DiameterRegional Water Quality Control BoardsCalifornia State Senate BillSulfur DioxideState Water Resources Control BoardToxic Air ContaminantsTechnical Bulletin 117Technical Bulletin 117-2013United States Environmental Protection AgencyUnited States Bureau of ReclamationVolume to Capacity RatioBEARHFTITechnical Bulletin 117-2013 IS/ND8

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CHAPTER 1: INTRODUCTIONThe Bureau of Electronic & Appliance Repair Home Furnishings & Thermal Insulation(BEARHFTI) prepared this Initial Study (IS) to evaluate the potential environmentaleffects of adopting updates to Technical Bulletin 117 and its associated rulemaking.Updates to the bulletin itself are labeled as Technical Bulletin 117-2013 or TB 117-2013.Updates to the overall rulemaking, which encapsulates the new bulletin, are referred toas the ―proposed project‖ or ―project.‖This document has been prepared in accordance with the California EnvironmentalQuality Act (CEQA)5 and CEQA Guidelines prepared by the California NaturalResources Agency.6 An IS is prepared by a lead agency to determine if a project mayhave a significant effect on the environment,7 and thus to determine the appropriateenvironmental document. In accordance with CEQA Guidelines:―[a] public agency shall prepare or have prepared a proposed negativedeclaration or mitigated negative declaration for a project subject to CEQAwhen:(a) The initial study shows that there is no substantial evidence, inlight of the whole record before the agency, that the project may have asignificant effect on the environment, or(b) The initial study identifies potentially significant effects, but:(1) Revisions in the project plans or proposals made by or agreedto by the applicant before a proposed mitigated negative declaration andinitial study are released for public review would avoid the effects ormitigate the effects to a point where clearly no significant effects wouldoccur, and(2) There is no substantial evidence, in light of the whole recordbefore the agency, that the project as revised may have a significant effecton the environment.‖In these circumstances, the lead agency prepares a written statement describing itsreasons for concluding that the proposed project would not have a significant effect onthe environment and, therefore, does not require the preparation of an EnvironmentalImpact Report (EIR). By contrast, an EIR is required when the project may have asignificant environmental impact that cannot clearly be reduced to a less-than-significanteffect by adoption of mitigation measures or by revisions in the project design.5California Public Resources Code sections 21000 et seq.Title 14, California Code of Regulations (―CCR‖) sections 15000 et seq.714 CCR section 15063(a)6BEARHFTITechnical Bulletin 117-2013 IS/ND10

PurposeAs described in the environmental checklist and supporting narrative (Chapter 3), theproposed project would not result in significant effects to the environment. No mitigationmeasures would be required as a result of this environmental analysis. This ISconcludes that an ND is the appropriate document for compliance with CEQA.Under CEQA, the lead agency is the public agency with primary responsibility overapproval of the proposed project. BEARHFTI is the lead agency for the proposedproject and has prepared this analysis to comply with CEQA.The purpose of this document is to present decision-makers and the public withinformation regarding the environmental consequences of implementing the proposedproject. An IS is required in support of an ND and is attached to the ND. This disclosuredocument is being made available to the public for review and comment. The ND and ISis available for a 30-day public review.Comments should be addressed to:Diana GodinesBureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation4244 South Market Court, Suite DSacramento, CA 95834Telephone Number:Fax Number:E-Mail Address:(916) 999-2068(916) 923-0642diana.godines@dca.ca.govAfter comments are received from the public and reviewing agencies, BEARHFTI may:(1) adopt the ND and approve the proposed project; (2) undertake additionalenvironmental studies; or (3) disapprove the project.Summary of FindingsChapter 3 of this document contains the analysis and discussion of potentialenvironmental impacts of the proposed project. Based on the issues evaluated in thatchapter, it is determined that the proposed project would have no environmental impactrelated to the following issue areas:AestheticsAgriculture and Forest ResourcesAir QualityBiological ResourcesCultural ResourcesGreenhouse GasesHazards and Hazardous MaterialsHydrology and Water QualityGeology and SoilsBEARHFTITechnical Bulletin 117-2013 IS/ND11

Land Use and PlanningMineral ResourcesNoisePopulation and HousingPublic ServicesRecreationTraffic and TransportationEnvironmental impacts of the proposed project would be less than significant for thefollowing issue areas:Utilities and Service SystemsBEARHFTI also determined that beneficial effects may occur under certain issue areas.A beneficial effect would involve an improvement in environmental conditions comparedto the existing setting. The following issue areas may experience beneficial effects as aresult of the proposed project:Hazards and Hazardous MaterialsEnvironmental Comments During Regulation DevelopmentIt should also be noted that throughout wide public participation on the development ofthis proposed project, no stakeholder identified any environmental concerns during thepre-promulgation workshops or meetings.8Additional Permitting or ApprovalsThe proposed project must also be reviewed and approved by the State Fire Marshal,pursuant California Government Code section 11359. The State Fire Marshal iscurrently evaluating the proposed rulemaking and BEARHFTI anticipates a formalresponse by Mid-March of 2013.8See: Gentry v. City of Murrieta (2011) 36 Cal.App.4th 1359, 1379 [citing 14 CCR §15704(b).] A NegativeDeclaration ―may be based on the initial study ‗together with any comments received during the publicreview process‘.‖BEARHFTITechnical Bulletin 117-2013 IS/ND12

Document OrganizationThis IS/ND is organized as follows:Negative DeclarationInitial StudyChapter 1: IntroductionChapter 2: Project Description and BackgroundChapter 3: Environmental ChecklistChapter 4: ReferencesChapter 5: List of PreparersAppendicesAppendix A: Green Policy Institute Letter, January 16, 2013Appendix B: American Home Furnishings Alliance Letter,January 22, 2012BEARHFTITechnical Bulletin 117-2013 IS/ND13

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CHAPTER 2: PROJECT DESCRIPTIONBEARHFTI, within the California Department of Consumer Affairs, is required to adoptrules and regulations necessary for the administration of the Home Furnishings andThermal Insulation Act.9 Among other responsibilities, the Act requires BEARHFTI toprotect consumers from the fire safety hazards associated with residential furnitureproducts offered for sale in California, regardless of their place of origin.Existing regulations establish the flammability and labeling requirements for TechnicalBulletin (―TB‖) 117 entitled, ―Requirements, Test Procedures and Apparatus for Testingthe Flame Retardance of Filling Materials Used in Upholstered Furniture,‖ last updatedin March of 2000. This mandatory performance standard requires that the concealedfilling materials and cover fabric of upholstered furniture undergo individual componenttesting to ensure that they pass open flame and cigarette smolder tests. The mainemphasis of the current upholstered furniture flammability standard is on the open flametesting of interior filling materials.This regulatory proposal would establish new performance and labeling requirementsunder the new flammability standard TB 117-2013. The regulatory proposal aims toupdate the flammability standards by allowing BEARHFTI to conduct smolder resistancetesting of products for the purpose of protecting consumers from fires ignited bysmoldering sources, which are the leading ignition source of fires today. In addition, theproposal also aims to lessen the burden on manufacturers through the proposedexemption of products deemed to pose no serious fire hazard.The health and welfare of California residents will benefit from this project because itprovides greater fire safety protection against smoldering materials, which are theleading ignition source of fires and losses today. The project protects consumers with amore realistic approach to fire safety in addition to reducing the upholstered furniture‘ssmolder ignition potential.As an added benefit, this regulatory proposal significantly benefits the environment byreducing or eliminating manufacturers‘ reliance on materials treated with flame retardantchemicals. BEARHFTI‘s understanding is that if manufacturers are no longer compelledto make materials compliant to current open flame requirements, many will choose todiscontinue use of certain chemical treatments in their product filling materials.Manufacturers would instead be able to purchase and use non-flame retardantmaterials.9California Business and Professions Code sections 9810 and 19031.BEARHFTITechnical Bulletin 117-2013 IS/ND15

BackgroundUpholstered Furniture Flammability Standard: In 1972, AB 2165 (Burton, Chapter 1183)was signed requiring BEARHFTI10 to establish upholstered furniture flammabilitystandards. AB 2165 enacted Business and Professions Code section 19161, whichrequired all upholstered furniture sold in California to be fire retardant, as defined byBEARHFTI, and labeled in such manner.BEARHFTI develops flammability standards in the form of ―technical bulletins‖ that areadopted through regulation. There are also a number of federal flammability standardsdeveloped by the United States Consumer Product Safety Commission (CPSC) that arecurrently in effect nationwide. While CPSC has been studying a national residentialupholstered furniture standard for several years, California remains the only state with aresidential upholstered furniture flammability standard.Upholstered Furniture Exemptions: In 1975, AB 2446 (Brown, Chapter 663) was signed,which added Business and Professions Code section 19161.5. This provisionempowered the BEARHFTI Chief to exempt certain items of upholstered furnituredeemed not to pose a serious fire hazard. This was an urgency statute because therecently enacted statutes unintentionally imposed fire retardant requirements uponcertain items of upholstered furniture, which did not pose a serious fire hazard, resultingin an unfair burden on manufacturers. Following this bill, Title 13 CCR section 1374.2was adopted in 1977, establishing the criteria for exemption. BEARHFTI currentlyrequires that exempted products, specified in regulation, must have an exemption labelaffixed.Current RegulationThe main emphasis of the current upholstered furniture flammability standard is on theopen flame testing of interior filling materials. Manufacturers meet this requirementpredominately through use of polyurethane foam treated with flame retardant chemicals,which must withstand exposure to a 12 second small open flame.In an actual fire, upholstery cover fabric is the first item to ignite, exposing the foam to amuch larger flame than the current small open flame testing method. Once theupholstery cover fabric burns, the foam quickly ignites. BEARHFTI has determined thatthe current standard does not adequately address the flammability performance of theupholstery cover fabric and its interactions with underlying filling materials upon ignition,whether by an open flame or a smoldering source. Furthermore, the addition of flameretardants to foam can actually increase smold

The Bureau of Electronic & Appliance Repair Home Furnishings & Thermal Insulation (BEARHFTI) prepared this Initial Study (IS) to evaluate the potential environmental effects of adopting updates to Technical Bulletin 117 and its associated rulemaking. Updates to the bulletin itself are labeled as Technical Bulletin 117-2013 or TB 117-2013.

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