Flame Retardant Chemicals That May Be Suitable for Use in Upholstered Furniture; Public Hearing

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II

Flame Retardant Chemicals That May Be Suitable for Use in

Upholstered Furniture; Public Hearing

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of public hearing and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Commission will conduct a public hearing on May 5-6, 1998

to receive scientific and technical information, such as published or

unpublished studies, relating to the toxicity, exposure,

bioavailability, and environmental effects of flame retardant (``FR'')

chemicals that may be suitable for use in residential upholstered

furniture, particularly in upholstery fabrics. The Commission seeks

written comments and oral presentations from individuals, associations,

firms, and government agencies, with substantiated information or

technical comments on these topics. The Commission will evaluate the

information obtained from the hearing as part of its deliberations on

whether to propose a standard to address the hazard associated with

small open flame ignitions of upholstered furniture.

DATES: The hearing will begin at 10:00 a.m. on Tuesday, May 5, 1998,

and, if necessary, conclude on May 6, 1998. Requests to make oral

presentations, and the text of the presentation, must be received by

the Office of the Secretary no later than April 21, 1998. Persons

planning to testify at the hearing should submit 10 copies of the

entire text of their prepared remarks to the Commission no later than

April 21, 1998, and provide an additional 50 copies for dissemination

on the date of the hearing. Written comments that are in place of, or

in addition to oral presentations, must be received by the Office of

the Secretary no later than May 5, 1998. Written comments must include

the author's affiliation with, or employment or sponsorship by, any

professional organization, government agency, or business firm. All

data analyses and studies should include substantiation and citations.

The Commission reserves the right to limit the number of persons who

testify and the duration of their testimony.

ADDRESSES: The hearing will be in room 420 of the East-West Towers

Building, 4330 East-West Highway, Bethesda, MD. Written comments,

requests to make oral presentations, and texts of oral presentations

should be captioned ``Flame Retardant Chemicals'' and mailed to the

Office of the Secretary, Consumer Product Safety Commission,

Washington, D.C. 20207, or delivered to that office, room 502, 4330

East-West Highway, Bethesda, Maryland 20814. Comments, requests, and

texts of oral presentations may also be filed by telefacsimile to (301)

504-0127 or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: For information about the purpose or

subject matter of this hearing call or write Michael A. Babich, Ph.D.,

Directorate for Epidemiology and Health Sciences, U.S. Consumer Product

Safety Commission, Washington, D.C. 20207; telephone (301) 504-0994,

extension 1383; fax (301) 504-0079. For information about the schedule

for submission of written comments, requests to make oral

presentations, and submission of texts of oral presentations, call or

write Rockelle Hammond, Office of the Secretary, Consumer Product

Safety Commission, Washington, D.C. 20207; telephone (301) 504-0800,

extension 1232; fax (301) 504-0127.

SUPPLEMENTARY INFORMATION: In 1994, the U.S. Consumer Product Safety

Commission (``CPSC'') initiated a regulatory proceeding to address the

hazard of small open flame ignitions of upholstered furniture. 59 FR

30735 (June 15, 1994). Small open flame sources include, for example,

cigarette lighters, matches, and candles. Such ignitions of upholstered

furniture are associated with an estimated 3,100 fires resulting in an

estimated 100 deaths, 460 injuries, and $50 million in property damage

per year in the U.S. The CPSC staff believes that a small open flame

performance standard for upholstered furniture could effectively reduce

the risk of death, injury, and property loss resulting from small flame

ignitions (1).1

---------------------------------------------------------------------------

\1\ Numbers in parentheses refer to documents listed at the end

of this document. The documents are available at the Commission's

Public Reading Room, 4330 East-West Highway, room 419, Bethesda,

Maryland 20814. For information call the Office of the Secretary at

(301) 504-0800.

---------------------------------------------------------------------------

[[Page 13018]]

The small open flame standard that the staff is considering would

be a performance standard that specifies a requirement for flame

resistance, but would not specify how furniture would have to be

constructed to meet the standard. Manufacturers would be free to choose

the means of complying with the standard. They could use inherently

flame resistant textiles or apply FR treatments. Many different FR

chemicals and combinations of chemicals are potentially available. FR

chemicals could be incorporated within fibers, applied to the surface

of the textile, or applied to the back of the textile in the form of a

polymeric coating. Most cover fabrics currently used in upholstered

furniture would require treatment with FR chemicals to pass the small

open flame standard being considered by CPSC staff. Thus, a small open

flame standard could result in the widespread use of FR chemicals in

upholstered furniture manufactured for household use.

Possible Toxicity of FR Chemicals

The Commission is interested in information about the possible

toxicity of FR chemicals for several reasons. In addressing the hazard

associated with the small flame ignition of upholstered furniture, the

Commission staff is working to develop a performance standard without

creating additional health hazards to consumers or workers or harming

the environment. The CPSC staff preliminarily considered the possible

toxicity of FR chemicals to consumers. The staff believes that certain

FR chemicals could probably be used without presenting a hazard to

consumers (2). However, some questions remain, such as whether there is

additional information on the chemicals the staff considered, possible

hazards posed by new FR chemicals, the environmental impact of FR

chemical usage and disposal, and the potential for worker exposure.

Another issue is the possible smoke toxicity of FR-treated furniture.

Therefore, the Commission is requesting additional information on these

issues before considering a proposed rule.

The Federal Hazardous Substances Act (``FHSA'') and the

Commission's chronic hazard guidelines provide guidance for determining

whether a given FR chemical would present a hazard to consumers. 15

U.S.C. 1261 (f)(1)(A); 16 CFR 1500.135. Under the FHSA, toxicity, dose

response, exposure, and bioavailability must be considered in assessing

the potential hazard to consumers. Toxicity includes acute toxicity, as

well as chronic health effects such as cancer, reproductive/

developmental toxicity, and neurotoxicity. 16 CFR 1500.3(c)(ii). The

dose response is a measure of the potency of a given FR chemical.

Exposure is the amount of FR chemical that may come into contact with

consumers. Bioavailability is the amount of FR chemical that is

absorbed by the body. A given FR chemical would not present a hazard to

consumers unless it is toxic, there is sufficient exposure, and enough

is absorbed by the body to exceed the acceptable daily intake. See 15

U.S.C. 1261 (f)(1)(A); 16 CFR 1500.135.

The staff believes that in many cases, the FR chemicals would be

applied in the form of a polymeric back-coating. Thus, exposure would

depend on the ability of the FR chemical to migrate to the surface of

the fabric. The back-coating is expected to reduce exposure because the

FR chemical most commonly seen in the FR-treated fabrics to date is

incorporated into the polymer and the polymer is on the back of the

fabric. However, exposure might occur if the FR chemicals could be

extracted during cleaning, or as a result of wear or abrasion or by

contact with other liquids.

The CPSC staff reviewed all available data on the acute and chronic

toxicity of 16 FR chemicals (2). Based on the available data, the staff

determined that 15 of the 16 FR chemicals considered would not present

a hazard to consumers. Seven of the chemicals would not be considered

``toxic'' under the FHSA. Others would not be expected to present a

hazard due to low exposure or low bioavailability. However, these

conclusions could change if additional information became available

that indicated certain chemicals could present a hazard. For some

chemicals, only limited information was available on toxicity,

exposure, or bioavailability. Furthermore, other FR chemicals not

reviewed by the staff may be available for use in upholstered

furniture.

A related issue is whether the smoke from FR-treated furniture

could be more toxic than the smoke from non-FR-treated furniture. Only

the upholstery fabric would be treated with FR chemicals. Although the

standard under consideration would require upholstered furniture to

resist ignition from a small open flame, the furniture could still

ignite in a larger fire. Smoke toxicity must be considered because most

fire-related deaths are due to smoke inhalation, rather than burns. The

staff reviewed all available data on the smoke toxicity of FR-treated

products, and it determined that the smoke from FR-treated products was

generally not more toxic than the smoke from non-FR-treated products

(2). However, the Commission seeks additional information on this

issue.

Other Uses of FR Chemicals

Although FR chemicals are not currently used in most residential

upholstered furniture, they are used in a number of other applications.

FR treatments may be used in some commercial grade upholstered

furniture, carpets, wall coverings, and automobile and airplane

upholstery. FR chemicals are used in other textile products, such as

workwear and children's sleepwear, and in a wide variety of plastic

containing products, such as printed circuit boards, and television and

computer cabinets. FR chemicals are also used in upholstered furniture

sold in California and the United Kingdom to comply with certain

flammability requirements. Experience gained with these other

applications may be relevant to upholstered furniture. The Commission

solicits information from those familiar with these applications.

Request for Information

To obtain information relevant to these questions, the Commission

will conduct a public hearing on May 5-6, 1998. The Commission solicits

written comments and oral presentations of scientific and technical

information, including unpublished toxicity studies, from all

interested parties on the following topics:

I. FR Chemicals

A. FR chemicals and treatments that are potentially suitable for

use in complying with the small open flame standard.

1. Are there any FR chemicals or classes of FR chemicals included

in the staff's review (see reference 2) that would not be suitable for

upholstered furniture fabrics or barriers?

2. Are there any chemicals that would be suitable for upholstered

furniture but were not included in the staff's review?

3. How would each type of FR treatment be applied, that is,

incorporated into the fiber, surface treatment, or back coating?

4. With what types of fibers and fabrics can each FR treatment be

used?

B. FR chemicals that are currently used in other applications to

which consumers may be exposed (such as children's sleepwear,

commercial grade furniture, carpet, and wall coverings, automobile and

airplane upholstery, and residential furniture sold in California and

the U.K).

[[Page 13019]]

1. Would any of these chemicals not reviewed by the staff be

suitable for upholstered furniture?

2. How does experience gained with these applications address

outstanding issues with upholstered furniture?

II. Toxicity

A. Data or analyses, such as unpublished industry-sponsored

studies, relating to the toxicity, dose response, bioavailability, or

exposure of FR chemicals (both existing studies and those that are

planned or underway).

B. Federal, state, and international programs for evaluating new

and existing FR chemicals.

1. How can these programs limit the introduction of new hazardous

FR chemicals that would be used in upholstered furniture?

2. Are any FR chemicals considered ``toxic'' or ``hazardous'' under

any current federal or state programs, such as the Environmental

Protection Agency (``EPA''), Occupational Safety and Health

Administration (``OSHA''), and Department of Transportation (``DOT'')?

3. Are any FR chemicals currently on any regulatory lists, such as

under the Resource Conservation and Recovery Act (``RCRA''), the

Comprehensive Environmental Response, Compensation, and Liability Act

(``CERCLA''), Toxic Release Inventory (``TRI''), or the California Safe

Drinking Water and Toxic Enforcement Act of 1986 (``Proposition 65'')?

4. If any are listed, what is the significance, if any, of being on

the particular list, with regard to upholstered furniture?

C. Data or analyses relating to the smoke toxicity of FR-treated

products, other than what was discussed in the staff toxicity review

(including the need for any additional studies).

III. Exposure and Bioavailability

A. Possible consumer exposure to FR chemicals in upholstered

furniture.

1. What scenarios and routes of exposure need to be considered to

adequately assess consumer exposure to FR chemicals?

2. What must be considered to adequately assess exposure to

children in particular?

B. Studies relating to bioavailability of FR chemicals, such as

dermal absorption studies, that were not cited in the staff review.

C. Effect of aging and cleaning of furniture on exposure to FR

chemicals.

1. Would the back-coating degrade over time? If so, under what

circumstances?

2. Would cleaning with aqueous or non-aqueous agents extract FR

chemicals?

3. How tightly would various FR chemicals be bound to or within the

fabric or back-coating?

4. How would exposure to light, including ultraviolet and infrared,

affect exposure to FR treatments?

5. Some FR treatments are considered to have low bioavailability

due to high molecular weight. Could these FR chemicals degrade over

time?

IV. Occupational Issues

A. Processes likely to be used to apply FR chemicals to the

textiles used in upholstered furniture.

B. Effect of FR chemicals or treatments on workers who would be

applying them to textiles or during the manufacture of upholstered

furniture.

1. In industries where FR chemicals are currently used, what

controls exist to protect workers?

2. What federal or state regulations are these industries subject

to that are designed to protect workers?

C. Any controls that currently exist to protect workers from

exposure to other chemicals or particles in the textile and upholstered

furniture industry.

1. What federal or state regulations are textile and furniture

manufacturers currently subject to that are designed to protect

workers?

2. Would manufacturers be subject to any additional regulations if

FR chemicals were introduced?

3. What additional controls, if any, would be required to protect

workers from exposure to FR chemicals in these industries?

D. Cost of complying with additional regulations and implementing

additional controls to protect workers, resulting from the use of FR

chemicals in upholstered furniture, especially for small companies.

IV. Environmental Issues

A. Federal or state environmental regulations to which textile and

upholstered furniture manufacturers are currently subject.

1. What environmental controls, if any, currently exist in these

industries?

2. What additional federal or state regulations would textile and

furniture manufacturers be subject to, if FR chemicals were introduced?

3. What additional environmental controls, if any, would be

required?

B. Cost of complying with additional environmental regulations and

implementing additional environmental controls, resulting from the

introduction of FR chemicals into upholstered furniture, especially for

small companies.

C. Federal or state transportation regulations to which FR

chemicals would be subject and the likely cost of complying with them.

D. Any special disposal requirements when household furniture

reaches the end of its useful life and any adverse impacts that

disposal might have on the environment or human health.

E. If adopted, a small open flame standard could increase the

overall production of FR chemicals. Beyond what is addressed in the

previous questions, are there any known or likely environmental effects

from the manufacture, use, or disposal of FR chemicals for use in

upholstered furniture?

List of Relevant Documents

(Documents may be obtained from the Office of the Secretary or from the

CPSC's web site at www.cpsc.gov.)

1. Briefing memorandum from Dale R. Ray, Project Manager,

Directorate for Economic Analysis, to the Commission, ``Upholstered

Furniture Flammability: Regulatory Options for Small Open Flame and

Smoking Material Ignited Fires,'' October 24, 1997.

2. Memorandum from Lakshmi C. Mishra, Ph.D., Directorate for

Epidemiology and Health Sciences, to Dale Ray, Project Manager,

``Toxicity of Flame Retardant Chemicals (FR's) Used in Upholstered

Fabrics and the Toxicity of the Smoke from FR-treated Fabrics,''

October 1, 1997.

Dated: March 11, 1998.

Sadye E. Dunn,

Secretary, Consumer Product Safety Commission.

[FR Doc. 98-6904 Filed 2-16-98; 8:45 am]

BILLING CODE 6355-01-P