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ADDENDUM

ADOPTED MITIGATED NEGATIVE DECLARATION

STATE CLEARINGHOUSE NO. 2000091089

California Department of
Housing and Community Development
March 3, 2005
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 2

TABLE OF CONTENTS

I. INTRODUCTION........................................................................................................4

II. CALIFORNIA ENVIRONMENTAL QUALITY ACT ...........................................4

A. Environmental Study for Proposed Changes .....................................................4
B. Use of Addendum to Address Proposed Changes .............................................5

III. PROJECT DESCRIPTION ........................................................................................6
A. Mitigated Negative Declaration .........................................................................6
B. Proposed Changes to Existing Project ...............................................................8
C. Full Text of Proposed Changes to Section 604.1 ...............................................9

IV. ENIVIRONMENTAL IMPACTS AND MITIGATION MEASURES ................10

A. Environmental Checklist ..................................................................................11
(Note: Checklist pages numbered independently of Addendum)

I. AESTHETICS............................................................................4
II. AGRICULTURE RESOURCES. ..............................................4
III. AIR QUALITY ..........................................................................4
IV. BIOLOGICAL RESOURCES ...................................................5
V. CULTURAL RESOURCES ......................................................6
VI. GEOLOGY AND SOILS ..........................................................6
VII. HAZARDS AND HAZARDOUS MATERIALS .....................7
VIII. HYDROLOGY AND WATER QUALITY...............................7
IX. LAND USE AND PLANNING .................................................8
X. MINERAL RESOURCES .........................................................9
XI. NOISE ........................................................................................9
XII. POPULATION AND HOUSING ..............................................9
XIII. PUBLIC SERVICES ...............................................................10
XIV. RECREATION ........................................................................10
XV. TRANSPORTATION/TRAFFIC ............................................10
XVI. UTILITIES AND SERVICE SYSTEMS ................................11
XVII. MANDATORY FINDINGS OF SIGNIFICANCE .................12

B. Explanation of Checklist Determinations ........................................................12
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 3

I. AESTHETICS......................................................................................15
II. AGRICULTURE RESOURCES. ........................................................16
III. AIR QUALITY ....................................................................................17
IV. BIOLOGICAL RESOURCES .............................................................23
V. CULTURAL RESOURCES ................................................................25
VI. GEOLOGY AND SOILS ....................................................................25
VII. HAZARDS AND HAZARDOUS MATERIALS ...............................26
VIII. HYDROLOGY AND WATER QUALITY.........................................33
IX. LAND USE AND PLANNING ...........................................................43
X. MINERAL RESOURCES ...................................................................43
XI. NOISE ..................................................................................................44
XII. POPULATION AND HOUSING ........................................................46
XIII. PUBLIC SERVICES ...........................................................................46
XIV. RECREATION ....................................................................................47
XV. TRANSPORTATION/TRAFFIC ........................................................47
XVI. UTILITIES AND SERVICE SYSTEMS ............................................49
XVII. MANDATORY FINDINGS OF SIGNIFICANCE .............................52

V. CONCLUSIONS ........................................................................................................58
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 4

I. INTRODUCTION

This document constitutes an Addendum to the November 2000 Final Environmental
Mitigated Negative Declaration (MND) for the Department of Housing and Community
Development (the “Department”) Project regarding the use of Chlorinated Polyvinyl
Chloride (CPVC) pipe inside residential structures, SCH No. 2000091089 (the “Existing
Project”). The MND was prepared pursuant to the California Environmental Quality Act
(CEQA), Public Resources Code 21000 et seq., and resulted in an amendment to section
604.1 of the California Code of Regulations, Title 24, Part 5, California Plumbing Code
(CPC).

Pursuant to a public petition, the Department is proposing to amend section 604.1 of the
California Plumbing Code to remove the requirement that, prior to the installation of
CPVC water pipe inside residential structures, a local building official must make a
finding that there is or will be a premature failure of metallic pipe if installed in the
structure (the “Findings Requirement”). The proposal to remove the Findings
Requirement constitutes a change to the project that was evaluated in the MND, which
necessitates a subsequent environmental document under CEQA. No other changes are
proposed. The MND, the current proposal, and the environmental analysis for the
subsequent document are discussed more fully below.

To address the changes resulting from the proposal to remove the Findings Requirement,
an Addendum to the Final Mitigated Negative Declaration has been prepared. The
Department has determined that an Addendum is the appropriate subsequent CEQA
document to address the amendment to the CPC because there are no project changes or
changes to the Final Mitigated Negative Declaration that would trigger any conditions
identified in CEQA Guidelines §15162, as explained in more detail in Section II.B.
Pursuant to CEQA Guidelines §15164(c), an Addendum need not be circulated for public
review, but can be included in or attached to the Final Mitigated Negative Declaration.
However, to keep the public fully informed, the Department has decided to circulate in
draft form the Addendum and supporting environmental analysis for public input prior to
finalizing the Addendum.

II. CALIFORNIA ENVIRONMENTAL QUALITY ACT

A. Environmental Study for Proposed Changes

Because the proposed change to the Existing Project removes the Findings Requirement
in section 604.1.2(a) of the CPC, the Department determined, as lead agency under the
CEQA Guidelines, that it is required to prepare a subsequent CEQA document to the
existing MND.1 In order to make a determination as to the type of subsequent CEQA
document needed for the proposed change to the Existing Project, the Department studied

1
See Title 14, California Code of Regulations, Article 11, section 15162. Subsequent EIRs and Negative
Declarations, and section 15164. Addendum to an EIR or Negative Declaration.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 5

and analyzed all potentially significant new environmental information associated with
that proposed change. The Department decided generally to use the Initial Study
process, as defined in the CEQA Guidelines §15063, for the study in order to document
the factual bases in determining whether there may be any new or substantially more
severe potential significant environmental impacts if the proposed change to the Existing
Project is approved. Section IV.A of this Addendum is the Environmental Checklist, and
Section IV.B is the Explanation of Checklist Determinations.

B. Use of Addendum to Address Proposed Changes

CEQA Guidelines (§15164(a)) allow a lead agency to prepare an Addendum to a
Negative Declaration if all of the following conditions pursuant to §15162 are met:

 Changes to the project do not require major revisions to the previously
prepared Negative Declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;

 Changes with respect to the circumstances under which the project is
undertaken do not require major revisions to the previous Negative
Declaration due to the involvement of new significant environmental effects
or a substantial increase in the severity of previously identified significant
effects;

 No new information becomes available which shows new significant effects,
significant effects substantially more severe than previously discussed, or
additional or modified mitigation measures;

 Only minor technical changes or additions are necessary to make the Negative
Declaration under consideration adequate under CEQA; and,

 The changes to the Negative Declaration made by the Addendum do not raise
important new issues about the significant effects on the environment.

An Addendum to the Final Mitigated Negative Declaration is considered the appropriate
CEQA document for project changes described in Section III – Project Description for
the following reasons: (1) changes to the project do not require major revisions to the
previously prepared Final Mitigated Negative Declaration or substantially increase the
severity of previously identified significant effects; (2) only minor technical and
clarifying changes have been made by the Addendum; and (3) the changes to the Final
Mitigated Negative Declaration made by the Addendum do not raise important new
issues about the significant effects on the environment. The impacts of the currently
proposed modifications associated with the Existing Project are evaluated herein. The
environmental analysis relies in part on the analyses completed in the previous Final
Mitigated Negative Declaration (State Clearinghouse No. 2000091089) and directly
references the Final Mitigated Negative Declaration where appropriate.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 6

III. PROJECT DESCRIPTION

A. Mitigated Negative Declaration

The Mitigated Negative Declaration resulted from an environmental review of the use of
CPVC pipe inside residential structures. The administrative review of the statewide use
of CPVC started with the release of a draft Environmental Impact Report (EIR) prepared
by the Department, as the lead agency. The review consisted of letters of availability sent
to about 700 persons and organizations identified as potentially interested parties, plus
availability in about 130 public libraries and on the internet.2 The draft EIR included
consultation with approximately 50 interested parties that consisted of various California
state and local agencies, private companies, and lobbying groups.3

The draft EIR was the direct result of required compliance with the CEQA by court order
in Richard Cuffe, et al. v. California Building Standards, et al.4 The court based its
decision on the fact that for 14 years the use of CPVC pipe for residential structures had
explicitly been excluded from Title 24, Part 5 of the California Plumbing Code, and held
that a decision to change that policy required compliance with CEQA. In a judgment
granting a Peremptory Writ of Mandate, the court ordered the Department to take no
further action to adopt regulations approving the use of CPVC water pipe inside
residential structures unless it had followed the CEQA process beginning with an initial
study and ending with either the production of a final environmental impact report or a
negative declaration. The court did not make a determination that an EIR was needed for
the adoption of the CPVC regulations.

To comply with the CEQA requirements of the court order in Cuffe, the Department, as
lead agency, did not make a determination under CEQA that an EIR was required for the
adoption of the CPVC regulations. Nonetheless, because of the history of controversy
associated with the adoption of the CPVC regulations, the Department made a decision to
prepare an EIR rather than a Negative Declaration.5 The draft EIR resulted in the
Department’s finding that the statewide approved use of CPVC water pipe inside
residential structures would not result in significant adverse impacts on the environment.6

Although the Department certified the above-mentioned EIR (State Clearinghouse No.
970820040), its findings were disputed through legal action. The legal action was settled
out of court in 2000 with a court approved settlement agreement between the parties.

2
See Chapter 12: Draft EIR Review, page 147 in document titled “Final Environmental Impact Report for
Chlorinated Polyvinyl Chloride pipe use for Potable Water Piping in Residential Building,” November
1998, State Clearinghouse Number 970820040.
3
Ibid, Chapter 11: Organization and Persons Consulted, page 143.
4
Superior Court of California, County of San Francisco, Judgment Granting Peremptory Writ of Mandate,
Case Number 977657, March 13, 1997.
5
See Preface, page iv, in document titled “Final Environmental Impact for Chlorinated Polyvinyl Chloride
pipe use for Potable Water Piping in Residential Building,” November 1998, State Clearinghouse Number
970820040.
6
Ibid. page XV.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 7

The settlement agreement required the Department to rescind the Certification and Notice
of Determination on the EIR and to prepare and propose for adoption, as lead agency, a
Mitigated Negative Declaration (MND) for the statewide use of CPVC pipe inside
residential structures.7

The requirement to prepare and adopt a MND complied with the court order in Cuffe (i.e.,
to prepare an initial study and then either a final environmental impact report or a
negative declaration). The settlement agreement defined the Project Description to be
used for the MND (henceforth referred to as “Existing Project”), which consisted of the
statewide approved use of CPVC water pipe inside residential structures if specific
findings were made and specified mitigation measures were used.

Even though the parties in the suit agreed to the approval of a MND with the specific
findings and mitigation measures, the Department, as lead agency, was responsible for
assuring full compliance with all CEQA procedures and requirements. To assure CEQA
compliance, the Department prepared an initial study using the specified mitigation
measures set forth in the settlement agreement to determine whether the Existing Project
would result in any potential significant environmental impacts. The result of the initial
study was a Department finding that there was no substantial evidence, in light of the
whole record before it, that the Existing Project would have a potential significant impact
on the environment.8

As a result of these findings, the Department prepared a MND pursuant to CEQA and
circulated the document for public review and comment under the procedures set forth in
CEQA. The Department issued final approval of the MND in November 2000. 9 No
timely law suits were brought to contest the validity of the initial study and its findings,
the CEQA process followed by the Department, or the approval of the MND.

The Existing Project for the MND consisted of the adoption of amendments to section
604.1 of the CPC that would authorize local building officials to approve the use of
CPVC water pipe inside residential structures as an alternate material to metallic pipe if a
finding was made that there is or will be a premature failure of metallic pipe because of
corrosive water and/or soil conditions (referred to as the “Findings Requirement”). The
Existing Project in the approved MND did not limit the number of Findings
Requirements that could be authorized by local building officials or place limitations on
where those findings could be made in the state. The Existing Project included specific
mitigation measures, such as worker safety measures to be used during the installation of
the CPVC pipe and flushing measures for the installed pipe prior to use by the resident.
The mitigation measures also included requirements for training workers in using the
worker safety measures. So long as the mitigation measures were employed and the

7
See “Rescinding of the Certification and Notice of Determination for the Final Environmental Impact
Report Entitled Chlorinated Polyvinyl Chloride (CPVC) Pipe Used For Portable Water Piping in
Residential Building,” State Clearinghouse Number 970820040”, signed by Julie Bornstein, Director.
8
See Initial study and Explanation of Checklist for MND.
9
See CEQA document, State Clearinghouse No. 2000091089.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 8

Findings Requirement approved, the Existing Project and MND authorized statewide use
of CPVC pipe in all residential structures.

After the Department approved the MND, the Department proposed, and the California
Building Standards Commission (the “Commission”) adopted, an emergency amendment
to section 604.1 of the CPC allowing the statewide use of CPVC water pipe inside
residential structures if the specified installation requirements in the adopted amendment
were met.10 The specified conditions in the adopted amendment were based on the
conditions required in the approved MND.11

B. Proposed Changes to the Existing Project

On April 15, 2004, the Department received a petition (HCD-P-1/04) from James Kanell,
President of Casa Plumbing, to amend the California Plumbing Code. The petition in
part requested the Department to propose amendments to the CPC to allow the use of
CPVC water pipe inside residential structures without the Findings Requirement in
section 604.1.2(a) of the CPC. The petition did not request changes to any other
requirements for the approval of CPVC water pipe inside residential structures, such as
the worker safety measures and flushing requirements.

The California Building Standards Commission made a finding on petition HCD-P-1/04
that it was in compliance with California Code of Regulations, title 24, Part 1, Article 1-8
and that it was complete.12 Pursuant to Section 1-805(a) of Article 1-8, the Department
concurred with the Commission’s finding. Upon evaluation of the petition, the
Department, under the authority of Health and Safety Code Section 17921, decided to
propose amendments to section 604.1 of the CPC to remove the Findings Requirement.13
The proposed amendment would allow the use of CPVC water pipe inside residential
structures conditioned on meeting the mitigation measures set forth in section 604.1 of
the CPC concerning the installation of the pipe. No other changes to the Existing Project
adopted pursuant to the MND are proposed.

10
The Department, under the State Housing Law, has the authority to regulate the material used for water
pipe within the residential structure and is required under Health and Safety Code Section 17921 to propose
for adoption California Buildings Standards Code for the protection of the public health, safety, and general
welfare of the residential occupant. HCD is authorized to propose building standards applicable to all
residential occupancies. (Health & Safety Code section 17921.) The building standards proposed by HCD
are submitted to the California Building Standards Commission for final adoption. (Health & Safety Code
section 18930.)
11
See “Project Description” for MND, State Clearinghouse No. 2000091089.
12
See Commission Finding for Petition HCD-P-1/04.
13
See Department’s concurrence letter for petition.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 9

C. Full Text of Proposed Changes to Section 604.1

The proposed changes for CPVC pipe are shown below in the current adopted version of
Section 604.1 of the CPC.14 Additions are indicated by underline; deletions are indicated
by strike-through.

604.0 Materials

604.1 [Not adopted by HCD] Water distribution pipe, building supply water pipe and fittings shall be of
brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized steel, or other
approved materials. Asbestos-cement, CPVC, PE, PVC, or PEX water pipe manufactured to recognized
standards may be used for cold water distribution systems outside a building. CPVC, PEX water pipe,
tubing, and fittings, manufactured to recognized standards may be used for hot and cold water distribution
systems within a building. All materials used in the water supply system, except valves and similar devices
shall be of a like material, except where otherwise approved by the Administrative Authority.

604.1.1 [For HCD 1 & HCD 2] Water distribution pipe, building supply water pipe and fittings shall be of
brass, copper, cast iron, galvanized malleable iron, galvanized wrought iron, galvanized steel, or other
approved materials. Asbestos-cement, CPVC, PE or PVC, water pipe manufactured to recognized
standards may be used for cold water distribution systems outside a building except as provided for CPVC
use pursuant to section 604.1.2. All materials used in the water supply system, except valves and similar
devices shall be of a like material, except where other wise approved by the Administrative Authority.

Section 604.1.2 [HCD 1] Local Authority to Approved CPVC Pipe Within Residential Buildings Under
Specified Conditions.

The local responsible building official of any city or county, in accordance with the procedures set forth in
Chapter 3 (with the exception of section 301.2.7) may authorize by permit the use of CPVC for hot and cold-
water distribution systems within the interior of residential buildings provided all of the following conditions
are satisfied:

(a) Finding Required. The building official shall first make a determination that there is or will be the
premature failure of metallic pipe if installed in such residential buildings due to existing water or soil
conditions.

(a)(b) Permit Conditions. Any building permit issued pursuant to this section 604.1 shall be conditioned on
compliance with the mitigation measures set forth in this subsection.

(b)(c) Approved Materials. Only CPVC plumbing material listed as an approved material in, and installed in
accordance with this code may be used.

(c)(d) Installation and Use. Any installation and use of CPVC plumbing material pursuant to this section
shall comply with all applicable requirements of this code and Section 301.0 of Appendix I of this code,
Installation Standard for CPVC Solvent Cemented Hot and Cold Water Distributions Systems, IAPMO IS 20-
98.

14
As part of the 2004 Annual Code Adoption Cycle of the California Building Standards Commission, the
Department and other governmental entities have proposed additional changes to the California Building
Standards Code, including changes to the CPC that would allow PEX as a water distribution pipe material.
These proposed changes appear in the “Monograph of Code Change Submittals for 2004 Annual Code
Adoption” on the California Building Standards Commission website at www.bsc.ca.gov. Subsequent to
the submission of these proposed changes, the Second District Court of Appeal of California rendered its
decision in Plastic Pipe and Fittings Assoc. v. California Building Standards Commission, 124 Cal.App.4th
1390 (2004). The Department will determine the appropriate way to comply with the Court of Appeal
decision. This Addendum and the Existing Project are independent of the Court of Appeal decision and the
use of PEX.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 10

(d)(e) Certification of Compliance. Prior to issuing a building permit pursuant to this section, the building
official shall require as part of the permitting process that the contractor, or the appropriate plumbing
subcontractors, provide written certification: (1) that is required in subdivision (e)(f); and (2) that he or she
will comply with the flushing procedures and worker safety measures set forth in Section 301.0 of Appendix I
of this code, Installation Standard for CPVC Solvent Cemented Hot and Cold Water Distribution Systems
IAPMO IS 20-98 IS 20-2000.

(e)(f) Worker Safety. Any contractor applying for a building permit that includes the use of CPVC plumbing
materials authorized pursuant to this section shall include in the permit application a signed written
certification stating that:
(1) They are aware of the health and safety hazards associated with CPVC plumbing installations.
(2) They have included in their Illness and Injury Prevention Plan the hazards associated with CPVC
plumbing pipe installations; and
(3) The worker safety training elements of their Injury and Illness Prevention Plan meets the Department of
Industrial Relation’s guidelines.

(f)(g) Findings of Compliance. The building official shall not give final permit approval of any CPVC
plumbing materials installed pursuant to this section 604.1 unless he or she finds that the material has been
installed in compliance with the requirements of this code and that the installer has complied with the
requirements in section 301.0.1, of Appendix I of this code, Installation Standards for CPVC Solvent
Cemented Hot and Cold Water Distribution Systems, IAPMO IS 20-98 IS 20-2000.

(g)(h) Penalties. Any contractor or subcontractor found to have failed to comply with the ventilation, glove or
flushing requirements of section 301.0 of Appendix I of this code, Installation Standards for CPVC Solvent
Cemented Hot and Cold Water Distribution Systems, IAPMO IS 20-98 shall be subject to the penalties in
Health and Safety Code, division 13, part 1.5, chapter 6 (section 17995 et seq.). In addition, if during the
conduct of any building inspection the building official finds that the ventilation and glove requirements of
section 301.0 of Appendix I of this code, Special Requirements for CPVC Installation within Residential
Buildings, are being violated, such buildings officials shall cite the contractor or subcontractor for that
violation.

IV. ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES

The November 2000 Mitigated Negative Declaration analyzed the environmental
resources identified in the CEQA checklist to determine if any environmental resources
could be adversely affected by the Existing Project. The Final Mitigated Negative
Declaration concluded that the Existing Project would not create significant adverse
effects on the environment. The following sections provide an analysis of the additional
potential environmental effects due to the proposed changes to the Existing Project. The
Environmental Checklist provides a summary of the impacts to each particular checklist
item. The Environmental Checklist Determinations provide further analysis of the items
in the Environmental Checklist.

As a result of the findings in the environmental study, the Department as lead agency, has
made a determination that the removal of subdivision (a) from section 604.1.2 of the
California Plumbing Code, the Findings Requirement, could not result in:

1. Any new significant effect on the environment, or
2. a substantial increase in the severity of previously identified effects, or
3. one or more significant effects not discussed in the previous MND, or
4. significant effects previously examined being substantially more severe
than shown in the previous MND.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 11

The Department found no new impacts for most of the checklist categories. The
Department did make findings of a less than significant new impact in the areas included
in Section III Air Quality, Section VII Hazards and Hazardous Material, Section VIII
Hydrology and Water Quality, and in the XVII Mandatory Findings of Significance.
Based on these findings, the Department prepared a subsequent CEQA document
consisting of an addendum to the existing MND.

A. Environmental Checklist

(See attached document.)

(Note: Checklist pages are numbered independently of Addendum.)
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 12

B. Explanation of Checklist Determinations

This document provides brief explanations to the answers in the Environmental Checklist
Form for the proposed changes to the Existing Project that was adopted under a Mitigated
Negative Declaration, State Clearinghouse No. 2000091089 (henceforth referred to as
MND) and which is described in attached “Proposed Changes to Existing Project.” In
addition, this document provides a brief description of the Existing Project, the Changes
to the Existing Project, and the use of the Initial Study process.

Existing Project

The “Existing Project” consisted of the adoption of regulations into Section 604.1 of the
California Code of Regulations, Title 24, Part 5, of the California Plumbing Code (CPC).
The regulations permitted the statewide use of chlorinated polyvinyl chloride (CPVC) for
water pipe inside residential structures if specific findings were made by the local
building official and specified worker safety measure and flushing requirements of the
installed pipe were met.

The specific findings requirement (henceforth referred to as “Findings Requirement”)
required the local building officials, prior to approving CPVC pipe, to make a finding that
there is or will be a premature failure of metallic pipe. Neither the MND nor section
604.1 of the CPC placed a limit on the number of Findings Requirements that the local
building official could make in a specific jurisdiction, nor were there jurisdictional
limitations where the Findings Requirement could be used. Thus, the Existing Project
permitted statewide use of CPVC provided that the Findings Requirement and other
conditions (e.g., worker safety and flushing requirements) were satisfied.

Changes to Existing Project

The proposed change to the Existing Project is an amendment to section 604.1 of the
CPC to remove only the Findings Requirement for the local building official. The other
installation requirements will remain in the regulation. Adopting the proposed change to
section 604.1 would allow the homebuilder or contractor the option of choosing between
metallic pipe or CPVC pipe without needing the special Findings Requirement approval
by the local building official.

Use of Initial Study Process

The following is a summary of the determinations made for the Initial Study checklist
used by the Department to evaluate any potential environmental impacts of the proposal
to remove the Findings Requirement from the Existing Project. The Department’s
evaluation relied on facts, assumptions predicated upon facts, and expert opinion
supported by facts gathered from state agencies with the statutory authority to protect air
quality, drinking water, drinking water distribution systems, and to protect against
adverse discharges of chemicals into the waters of the State. The Department also used
previous scientific studies and environmental documents prepared for and by the
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 13

Department concerning the use of CPVC water pipe, including documents for the MND.
Argument, speculation, unsubstantiated opinion or narrative evidence which the
Department reviewed was not considered as fact if found to be clearly inaccurate or
erroneous or unsupported by fact.

The Department relied in part on consultation with the organizations described below.
The State agencies listed have statutory authority to protect the public health and the
environment of California:

• The Air Resources Board (ARB) is the state agency with the authority to coordinate
the efforts of the California Air Pollution Control Districts to attain and maintain
ambient air quality standards, set standards for toxic air contaminants, to conduct
research into the causes of and solution to air pollution, and to systematically solve
the serious problems caused by motor vehicles. The ARB and the California Air
Pollution Control Districts have adopted standards for the use of adhesives that are
used during the installation of CPVC water pipe in residential structures and are
included in the State Implementation Plan (SIP).

• The Office of Environmental Health Hazard Assessment (OEHHA), authorized by
the California Safe Drinking Water Act of 1996 (amended Health and Safety Code,
Section 116365), is the state agency that is required to evaluate chemical
contaminants in drinking water by providing risk assessment and hazard
evaluation assistance related to chemical contaminants in drinking water. OEHHA
develops health advisories, action levels, and public health goals for chemical
substances found to adversely impact the State’s drinking water. OEHHA is charged
under the Safe Drinking Water and Toxic Enforcement Act of 1986 (better known as
Prop. 65) to protect California citizens and the State’s drinking water sources from
chemicals known to cause cancer, birth defects or other reproductive harm, and to
inform citizens about exposures to such chemicals. OEHHA does not have or
propose the development of health advisories, action levels, public health goals, or
Proposition 65 listing, for chemical substances in drinking water from the use CPVC
water pipe and its adhesives.

• The Division of Drinking Water and Environmental Management, within the
Department of Health Services (DHS), is the state agency that is required to regulate
public water systems to insure that they maintain a physical, chemical, and biological
environment that contributes positively to health, prevents illness, and assures
protection of the public water systems. DHS’ regulations require public water
systems to monitor their drinking water sources for chemical contaminants that are
delivered to users of residential structures. They also require public water systems to
monitor monthly the maintenance of a detectable chlorine residual in at least 95
percent of the bacteriological sampling points to protect against the adverse health
effects of microbiological contaminants such as Legionella, the cause of Legionnaires
Disease.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 14

The Monitoring and Evaluation and Health Assessment Section of DHS collects,
compiles, evaluates, and reports drinking water quality data from public water
systems. This Section conducts evaluations of water quality findings on a local,
regional and statewide basis and investigates health effects information on chemicals
in drinking water.

DHS also has the authority to regulate the piping material used to deliver drinking
water to residential structures and is required to use the health based information
developed by OEHHA to investigate and approve the type of material that will be
allowed to transport drinking water to California users. DHS regulations (Title 22,
California Code of Regulations), permit the use of CPVC pipe for all water
distribution systems in California.

• The State Water Resources Control Board (SWRCB) and the Regional Water Quality
Control Boards (RWQCBs) (together “Boards”) are the principal state agencies with
the prime responsibility for the coordination and control of water quality through the
regulation of the discharges of unsafe levels of chemicals into the State’s waters.
Under the Porter-Cologne Water Quality Control Act (Porter-Cologne), the Boards
have the authority to implement and enforce the water quality laws, regulations,
policies and plans to protect the groundwater and surface waters of the State from
degradation...” (California Water Code section 13000). The Boards’ regulations do
not restrict the use of CPVC water pipe or its adhesives in connection with the
discharge of waste water into State waters when used for residential construction.
This includes application either inside or outside residential buildings.

• The National Science Foundation International15 (NSF) is an independent not-for-
profit organization that develops the NSF/ANSI American National Standards for
drinking water systems under the accreditation of American National Standards
Institute (ANSI).16 NSF has developed more than 50 American National Standards
under the scope of public health and safety. The U.S. EPA contracted with a
consortium of organizations (including the California Department of Health Services)
to develop the NSF/ANSI American National Standards for drinking water systems
consensus standard to replace existing U.S. EPA Additives Advisory Program for

15
Congress established through the National Science Foundation Act of 1950 the National Science
Foundation to promote the progress of science; to advance the national health, prosperity, and welfare; to
secure the national defense; and for other purposes. The President approved the act on May 10, 1950.

16
NSF International is accredited and accepted by American National Standards Institute (ANSI),
International Accreditation Service (IAS), National Environmental Laboratory Accreditation Cooperation
(NELAC), Occupational Safety and Health Administration (OSHA), Standard Council of Canada (SCC),
American Society of Sanitary Engineering (ASSE), State of California, City of Los Angeles, International
Association of Plumbing and Mechanical Officials (IAPMO), Water Quality Association (WQA).
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drinking water system components.17 All standards approved through the NSF Joint
Committee on Drinking Water Additives obtain final approval through the NSF
Council on Public Health Consultants.18

CPVC has been certified to NSF/ANSI Standard 61 - Drinking Water System
Components and the NSF/ANSI Standard 14 Plastic Piping System Components and
Related Materials. All certification assessments evaluated health effects, quality
control, quality assurance, marking, material property requirements, long-term
strength evaluation, and short-term product performance evaluation to various
standards such as ASME, ASTM, ASSE, etc. The review is specifically focused on
the public health aspects of the standards, including evaluation methodology, test
procedures, and addressing current regulatory and public health issues. The water
analysis method requires the use of U.S. EPA methods when available.19 When there
is no EPA method available, NSF/ANSI 61 requires that the analysis be performed in
accordance with “Standard Methods for the Examination of Water and Wastewater”
which is published jointly by the American Public Health Association, AWWA and
the Water Environmental Federation. These assessments confirm that the
concentrations of leached materials from the CPVC plumbing system products,
materials, and ingredients (including all chemicals, contaminants, or impurities in the
product) that came in contact with the water did not result in unacceptable
toxicological levels. Furthermore, the risk assessment results met all acceptable
levels using both U.S. EPA and California Department of Health Services approved
toxicological review and risk assessments.

Explanations to answers in the Environmental Checklist

I. AESTHETICS.

a. No New Impact on a scenic vista:

17
The consortium consisted of NSF International, the American Water Works Association Research
Foundation, the Association of State Drinking Water Administrators (CA Department of Health Services is
a member), the Conference of State Health and Environmental Managers, and the American Water Works
Association.

18
The Council of Public Health Consultants was established for the purpose of advising and counseling
NSF in the development of Standards to serve the protection of public health, establishing environmental
program philosophies, and implementing environmental programs to enhance the quality of life for the
nation. The Council is comprised exclusively of public health representatives with representatives from the
U.S. EPA, Health Canada, U.S. Public Health Services, the Food and Drug Administration, regional U.S.
EPA Offices, various state agencies and local health departments.

19
40 CFR Part 141 and Methods for Chemical Analysis of Water and Wastes, EPA 600/4-79-020.
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Requirement of the local building official and will not result in impacts to scenic
vistas. This finding has not changed from that made in the Initial Study approved
for the Existing Project.

b. No New Impact on scenic resources:

c. No New Impact on existing visual character or quality of the site and its
surroundings:

d. No New Impact by the creation of a new source of light or glare:

II. AGRICULTURE RESOURCES.

a. No New Impact to Farmland:

use. This finding has not changed from that made in the Initial Study approved for
the Existing Project.

b. No New Impact to existing zoning for agricultural use or Williamson Act
contracts:

c. No New Impact to the existing environment resulting in Farmland
conversion:

III. AIR QUALITY.

Background Information

1. Regulating Emissions from Adhesives: As discussed in the Initial Study for
the Existing Project, the State Air Resources Board (ARB) is the state agency
with the authority to coordinate the efforts in the State to attain and maintain
ambient air quality standards through the California Clean Air Act (CCAA),
which requires the ARB to adopt regulations to achieve the maximum feasible
reduction in reactive organic compounds (ROCs) emitted by consumer products.
(Note: ROC is equivalent to VOC.) This is accomplished through research into
the causes of and solution to the formation of ozone caused by emissions such as
VOCs from adhesives. (Note: adhesives for CPVC pipe are one of the consumer
products regulated as a chemically formulated product used by household and
institutional consumers.)

The Initial Study for the Existing Project identified CPVC pipe and
fittings as being joined using primers and cements (henceforth referred to as
adhesives) that contain volatile organic compounds (“VOC”), principally acetone,
tetrahydrofuran, methyl ethyl ketone, and cyclohexanone. The VOCs from the
adhesives are regulated as ozone precursors, which form ozone through complex
photochemical reactions in the atmosphere with oxides of nitrogen (“NOx”).
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VOCs from adhesives are regulated by the ARB as a Household Adhesive
(see Title 17, CCR section 94509(a) and 94508(a)(46)) and by local air districts.
The primary focus of the local air district regulations is to establish standards for
adhesives used by stationary sources in commercial or industrial applications.20

The regulation of VOC emissions content from adhesives are part of the
State Implementation Plan21 and local air quality plans.22 These local agencies
are also responsible for attaining and maintaining healthy air quality, and for
protecting the public from exposure to toxic air contaminants. The SIPs regulate
the concentration of VOCs in adhesives sold and used for construction purposes
in California as the approved strategy to attain air quality standards and to prevent
projected air quality standard violations. Under the CCAA the ARB’s VOC
regulations for CPVC adhesives are considered necessary, technologically and
commercially feasible, and not so restrictive that they eliminate the use of the
product.

2. Use of CPVC pipe and Adhesives Under the MND: Because the existing
MND has already considered the environmental and health effects of installing
CPVC pipe and adhesives in the residential structure, those issues do not need to
be re-evaluated. The only environmental and health effects necessary to evaluate
would be the new impacts associated from the expected increase in the use of
CPVC and adhesives.

3. Estimated emission increase from Change in Existing Project: The
Department has been provided estimates from the plumbing industry that since
the year 2001 approximately 11.6 million feet of CPVC pipe has been shipped to
California for use in construction under current permitted uses.23 The effect of
removing the Findings Requirement is likely to increase the amount of CPVC
pipe installed in new residential construction and re-pipings (i.e., replacing piping
in existing residences) as a direct result of builder choice over commonly used
copper pipe.

20
See ARB Legal Memorandum concerning ARB’s Authority to Regulate Consumer Products dated
August 23, 1995.
21
Federal clean air laws require areas with unhealthy levels of ozone, carbon monoxide, nitrogen dioxide,
sulfur dioxide, and inhalable particulate matter to develop plans, known as State Implementation Plans
(SIPs), describing how they will attain national ambient air quality standards (NAAQS). SIPs are not
single documents, rather they are a compilation of new and previously submitted plans, programs, district
rules, state regulations, and federal controls. State law makes ARB the lead agency for all purposes related
to the SIP. Local air districts prepare their local SIP elements and submit them to ARB for review and
approval. ARB forwards SIP revisions to U.S. EPA for approval and publication in the Federal Register.
22
The local districts develop "Air Quality Management Plans" which addresses federal Clean Air Act
requirements for SIPs as well as California Clean Air Act requirements.
23
These figures were provided to the Department by Noveon Company and consist of reports of shipments
to California from Flowguard Gold (1/2” to 2” CPVC), Corzan (2” to 16” CPVC Sch 80), and BlazeMaster
Fire Sprinkler Pipe (Commercial/Residential ¾” to 3” CPVC).
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An ARB survey summary for pipe cements from consumer products
indicates that adhesive products permitted to be sold in California contain
approximately 68% VOC (also referred to as reactive organic gases or ROG in
Consumer Products Regulation, section 94508, title 17 CCR). Based on the
Department’s assumption that no more than 2 pounds of adhesive product would
be used to install CPVC in a residential unit, and the VOC estimate from ARB, it
is estimated that approximately 1.36 pounds of VOC emissions (0.68 x 2 pounds
= 1.36 pounds per unit) would be emitted for each residential unit in which CPVC
was installed.24

Furthermore, assuming 578 new residential units per day are built
statewide and 274 re-pipings are performed per day on existing residential units
statewide, all using CPVC instead of copper pipe, , this would add 1159 pounds
(852 units x 1.36 lbs/unit) or 0.579 tons of VOC emissions per day statewide.25
The estimated 0.579 tons per day of VOCs would result in only a 0.0235%
increase to the statewide daily projected emissions inventory of VOCs for 2005.26
Stated more simply, if all new residential units and all re-pipings used only
CPVC, the expected statewide VOC emissions would increase from 2,461.663
tons per day to 2,462.242. There is no reasonable expectation that all new and re-
piped homes would use CPVC.

It is important to note that this is a statewide increase and not an increase
in a specific air basin. In addition, this 0.0235% increase does not take into
account the reduction in VOC emissions as a direct result of not installing copper
pipe, which also creates VOCs during installation.27 Thus, the potential net

24
The Department’s calculation was based on the expected use in construction of a simple single family
house and is supported by discussion with distributors of the product and Departmental experience in
housing construction. The Department acknowledges that the VOC estimate is high because the expected
daily housing construction includes multifamily units that do not use as much CPVC pipe and adhesives.
Thus, the estimated VOC emissions per day statewide are overstated in this calculation.
25
The Department is using the Construction Industry Research Board’s 2004 estimate of 578 one- and two-
family and multifamily residential units per day provided by CIBA. The estimate of 274 re-pipings per day
is based on industry information estimating that 100,000 residences are re-piped annually statewide.
100,000 annually is an average of approximately 274 per day (100,000/365 = 273.97). The assumption (for
analytical purposes) that all new units and re-pipings will exclusively use CPVC is employed for the
purpose of providing a conservative analysis and certainly overstates the impacts. Obviously, if some of
the new units and re-pipings continue to use copper pipe, or other materials, the expected increase in VOC
emissions would be substantially less. In addition, to further provide a conservative analysis, the
Department is assuming that none of the new units and re-pipings would have used CPVC under the
existing CPC provisions (i.e., pursuant to a Findings Requirement), which would be excluded from the new
impacts analysis under the proposed change to the Existing Project since these uses are already permitted.
Again, this assumption certainly overstates the impacts significantly, given that one industry estimate
indicates that CPVC was used in 12,000 homes in 2004 alone.
26
The ARB’s 2004 Almanac Data for Reactive Organic Gases Projected Emission Statewide Inventory
estimates approximately 2,461.663 tons per day of ROG (VOC) for 2005 in California.
27
Propane and possibly acetylene are gases used to install copper pipe. These gases are defined as ROGs
(and thus VOC) by U.S. EPA (40 CFR Part 51 Section 51.100(s)) and ARB’s “Air Pollution Emission
Inventory Program” manual since both are more photochemically reactive that the benchmark compound
ethane.
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increase in VOCs from using CPVC rather than copper pipe is even less than the
0.0235% calculated by the Department.

Beginning of Initial Checklist Analysis For this Section

a. Less than Significant New Impact on any applicable air quality plan:

The Department has made the following determinations on the use of CPVC pipe
and adhesives:

1. The concentration of VOCs in adhesives use for CPVC in residential
construction is regulated through the state’s Consumer Products regulations
(See Health and Safety Code Div. 26, § 41712) and local air districts
regulation and are included in all applicable air quality plans.

2. No VOC regulations place limitations on the quantity of adhesives used during
construction of residential buildings.

b. Less than Significant New Impact concerning violation of any air quality
standard or substantially contribution to an existing or projected air quality
violation:

The Department has made the following determination on the use of CPVC pipe
and adhesives:

1. Adhesives used for the installation of CPVC inside residential buildings meet
the requirements for VOC content in the states SIP and all applicable local air
quality districts.

2. No VOC regulations place limitations on the quantity of adhesives used during
construction of residential buildings.

3. The maximum statewide estimated increase of VOC emissions due to the
proposed change in the Existing Project is no more than 0.0235% of the
current VOCs emission inventory less VOC emissions from not installing
copper pipe.
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4. The small increase in VOC emission would be distributed through various air
basins where residential construction would take place, and the potential
increase will not result in the violation of any air quality standard or
contribute substantially to an existing or projected air quality standard
violation.28

c. Less than Significant New Impact that would result in a cumulatively
considerable net increase of any criteria pollutant for which a project region
is nonattainment under an applicable federal or state ambient air quality
standard (including releasing emissions which exceed quantitative thresholds
for ozone precursors):

The Department has made the following determination on the use of CPVC pipe
and adhesives:

1. Adhesives used for the installation of CPVC inside residential buildings meet
the requirements for VOC content in the state’s SIP and all applicable local air
quality districts.

2. No VOC regulations place limitations on the quantity of adhesives used during
construction of residential buildings.

28
In multiple telephone conversations, the ARB stated to the Department that the sensitivity of air quality
models requires emissions in the range of 1 to 5% of the existing inventory for the air models to show
changes in existing air quality. Thus, because the excessively conservative potential increase in VOC
emissions of less than 0.0235% of the statewide inventory is substantially below the sensitivity level of the
air quality models used to predict new violations or increases in existing violations of ambient air quality,
the Department has determined that the proposal to remove the Findings Requirement would result in a less
than significant new impact.
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contribute substantially to an existing or projected air quality standard
violation.

Based on all the relevant information, including the record accumulated since the
adoption of the statewide use of CPVC pipe pursuant to the MND, and the record
of previous HCD examinations of CPVC pipe for use in residential structures for
the Existing Project, the Department has determined that the proposal to remove
the Findings Requirement will not result in a will not result in a new or
substantially more severe significant cumulatively considerable net increase of
any criteria pollutant for which a project region is non-attainment under an
applicable federal or state ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for ozone precursors).

d. Less than Significant New Impact concerning exposing sensitive receptors to
substantial pollutant concentrations:

The Department has made the following determination on the use of CPVC pipe
and adhesives:

1. Adhesives used for the installation of CPVC inside residential buildings meet
the requirements for VOC content in the state’s SIP and all applicable local air
quality districts.

2. No VOC regulations place limitations on the quantity of adhesives used during
construction of residential buildings.

4. The MND made a determination that the use of adhesives for the Existing
Project would not result in exposing sensitive receptors to substantial pollutant
concentrations at or near the construction site.

5. The small increase in VOC emission would be distributed through various air
basins where residential construction would take place, and the potential
increase will not result in the violation of any air quality standard or
contribute substantially to an existing or projected air quality standard
violation.

severe significant impact concerning the exposure of sensitive receptors to
substantial pollutant concentrations.

e. Less than Significant New Impact concerning the creation of objectionable
odors affecting a substantial number of people:

The Department has made the following determination on the use of CPVC pipe
and adhesives:

1. Adhesives used for the installation of CPVC inside residential buildings meet
the requirements for VOC content in the state’s SIP and all applicable local air
quality districts.

2. No VOC regulations place limitations on the quantity of adhesives used during
construction of residential buildings.

IV. BIOLOGICAL RESOURCES.

a. No New Impact to species:

The proposed change to the Existing Project would not result in a substantial
adverse effect, either directly or through habitat modifications, on any species
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identified as a candidate, sensitive, or special status species in local or regional
plans, policies, or regulations, or by the California Department of Fish and Game
or U.S. Fish and Wildlife Service. This finding has not changed from that made
in the Initial Study approved for the Existing Project.

b. No New Impact on riparian habitat:

The proposed change to the Existing Project will not have a substantial adverse
effect on any riparian habitat or other sensitive natural community identified in
local or regional plans, policies, regulations or by the California Department of
Fish and Game or US Fish and Wildlife Service. This finding has not changed
from that made in the Initial Study approved for the Existing Project.

c. No New Impact on federally protected wetlands:

The proposed change to the Existing Project will not have a substantial adverse
effect on federally protected wetlands as defined by Section 404 of the Clean
Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or other means. This finding has
not changed from that made in the Initial Study approved for the Existing Project.

d. No New Impact on fish or wildlife:

The proposed change to the Existing Project will not interfere substantially with
the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of
native wildlife nursery sites. This finding has not changed from that made in the
Initial Study approved for the Existing Project.

e. No New Impact to local policies or ordinances:

The proposed change to the Existing Project will not conflict with any local
policies or ordinances protecting biological resources, such as a tree preservation
policy or ordinance. This finding has not changed from that made in the Initial
Study approved for the Existing Project.

f. No New Impact to habitat conservation plans:

The proposed change to the Existing Project will not conflict with the provisions
of an adopted Habitat Conservation Plan, Natural Community Conservation Plan,
or other approved local, regional, or state habitat conservation plan. This finding
has not changed from that made in the Initial Study approved for the Existing
Project.
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V. CULTURAL RESOURCES.

a. No New Impact to historical resources:

The proposed change to the Existing Project will not cause a substantial adverse
change in the significance of a historical resource as defined in §15064.5 of the
CEQA Guidelines. This finding has not changed from that made in the Initial
Study approved for the Existing Project.

b. No New Impact to archaeological resources:

The proposed change to the Existing Project will not cause a substantial adverse
change in the significance of an archaeological resource pursuant to §15064.5 of
the CEQA Guidelines. This finding has not changed from that made in the Initial
Study approved for the Existing Project.

c. No New Impact to paleontological resource or geologic feature:

The proposed change to the Existing Project will not directly or indirectly destroy
a unique paleontological resource or site or unique geologic feature. This finding
has not changed from that made in the Initial Study approved for the Existing
Project.

d. No New Impact to any human remains:

The proposed change to the Existing Project will not disturb any human remains,
including those interred outside of formal cemeteries. This finding has not
changed from that made in the Initial Study approved for the Existing Project.

VI. GEOLOGY AND SOILS.

a. No New Impact that would expose people or structures to potential
substantial adverse effects:

The proposed change to the Existing Project will not result in exposing people or
structures to any substantial adverse effects, including the risk of loss, injury, or
death involving:

i. Rupture of a known earthquake faults;
ii. Strong seismic ground shaking;
iii. Seismic-related ground failure, including liquefaction; and
iv. Landslides.

This finding has not changed from that made in the Initial Study approved for the
Existing Project.
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b. No New Impact to soil erosion or topsoil:

The proposed change to the Existing Project will not result in any erosion or loss of
topsoil. This finding has not changed from that made in the Initial Study approved
for the Existing Project.

c. No New Impact to stability of a geologic unit or soil:

The proposed change to the Existing Project will not be located on an unstable
geologic unit or unstable soil. This finding has not changed from that made in the
Initial Study approved for the Existing Project.

d. No New Impact concerning being located on expansive soil:

The proposed change to the Existing Project will not be located on expansive soil,
as defined in Table 18-1-B of the Uniform Building Code (1994), creating
substantial risks to life or property. This finding has not changed from that made in
the Initial Study approved for the Existing Project.

e. No New Impact to waste water disposal systems:

The proposed change to the Existing Project will not result in, or expose people to,
soil conditions incapable of adequately supporting any structures, including septic
tanks or alternative waste water disposal systems, where sewers are not available
for the disposal of waste water. This finding has not changed from that made in the
Initial Study approved for the Existing Project.

VII. HAZARDS AND HAZARDOUS MATERIALS

Background Information

1. Existing uses of CPVC Pipe and Adhesives: As discussed in the approved
MND, CPVC pipe is manufactured from CPVC resins using heat and pressure.
CPVC used for potable water pipe and fittings has certain stabilizers added to
protect it from degradation during formation and use. The CPVC manufacturing
formulas use tin-containing organic compounds as stabilizers. CPVC also
contains other additives, including pigments and lubricants to facilitate forming of
the pipe and fittings.

CPVC pipe and fittings are joined during installation using adhesives that
contain certain solvent chemicals, including acetone, tetrahydrofuran, methyl
ethyl ketone, and cyclohexanone. As discussed in the MND and previous studies
by the California Department of Health Services the trace solvent found in water
was methyl ethyl ketone. These documents also discussed expected leachates
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from the CPVC pipe such as organotins and trace chemicals from the resins and
disinfection by-products.

The Department’s findings show that for over 20 years residential
structures have used ABS plastic pipe for drain/waste/vent (D/W/V), PVC or
CPVC for street water mains, and PVC for the service line from the street water
main to the house. The Department has been provided estimates from the
plumbing industry that since the year 2001 approximately 11.6 million feet of
CPVC pipe has been shipped to California for use in construction under current
permitted uses. All these permitted uses of plastic pipe have used adhesives for
installation and are routinely transported and used at the construction site.

The construction industry recognized that the installers may be exposed to
the solvent chemicals contained in the adhesives through inhalation and
dermalabsorption during the installation process. To safeguard the installers, the
installation instructions on the label of the adhesives require specified safety
measures be used during installation. These installation instructions have been
commonly used for years by the construction industry for the permitted use in
California for PVC, non-residential use of CPVC, and ABS D/W/V pipe.

The Department has found no information supporting a finding that these
existing statewide permitted uses have caused any adverse environmental or
health impacts.

2. Use of CPVC Pipe and Adhesives under the MND: For CPVC pipe
installed within residential structures the MND took the installation requirements
from the current practice discussed above one step further. The MND required
specific worker safety measures be incorporated into the regulations. The
proposed change to the Existing Project does not delete these worker safety
measures.

After CPVC pipe installation is complete, the initial water can contain
trace contaminants from the adhesives used to join the pipe and fittings. To
prevent potential exposure of the drinking water consumers to any contaminants,
the industry practice of flushing installed pipe after installation was required in
regulations as part of the Existing Project. The proposed change to the Existing
Project retains the existing flushing requirement.

Because the existing MND has already considered worker safety and pipe
flushing for individual environmental and health effects of installing CPVC pipe
and adhesives in a residential structure those issues do not need to be re-
evaluated. The only environmental and health effects necessary to evaluate would
be the new impacts associated from the expected increase in the use of CPVC and
adhesives.
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The Department has found no information supporting a finding that the
existing permitted uses under the MND have caused any adverse environmental
or health impacts.

3. Expected Increase in use of CPVC pipe and Adhesives: The Department
has estimated that approximately 578 new residential units per day are built
statewide in California and 274 re-pipings are performed per day. If all these
units were to install CPVC instead of copper pipe, this would result in
approximately 1704 pounds (2lbs/unit x 852 units) of adhesives per day being
used statewide to install the pipe. As discussed in section III. Air Quality, above,
of this 1704 pounds, approximately 1159 pounds would be emitted as VOC
emissions during installation.

4. Hazardous Material and Waste Classification: The Department has found
no information in the record that shows that CPVC pipe material is or would be
classified as a hazardous material or a hazardous waste pursuant to the
Department of Toxic Substance Controls waste evaluation criteria pursuant to the
Health and Safety Code (Div. 20, Ch 6.5, Art. 4, beginning at § 25140).

Beginning of Initial Checklist Analysis For this Section

a. Less Than Significant New Impact concerning hazardous materials:

The Department has made the following determinations on the use of CPVC pipe
and adhesives:

1. That for over 20 years the State has approved for residential structures the use
of ABS plastic pipe for drain/waste/vent (D/W/V), PVC or CPVC for street
water mains, and PVC for the service line from the street water main to the
house. The MND also permitted the statewide use of CPVC inside residential
structure if specific findings, worker safety and flushing requirements were
met. The Department has been provided estimates from the plumbing
industry that since the year 2001 approximately 11.6 million feet of CPVC
pipe has been shipped to California for use in construction under current
permitted uses. All these permitted uses of plastic pipe have used similar
adhesives for installation and are routinely transported and used at the
construction site. The Department has found no information in the record to
support a finding of adverse environmental impacts due to the existing
statewide use of these approved adhesives.

2. The MND determined that the installation of CPVC pipe was site specific and
that the required worker safety and consumer protection provision for flushing
of the pipe resulted in a “No Impact” determination concerning the creation of
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a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials.

3. The Department has estimated that if all the estimated 578 new residential
units per day that are built statewide in California and all 274 re-pipings per
day were to use CPVC instead of copper pipe, this would result in
approximately 1704 pounds of adhesives being used statewide per day to
install the pipe and result in approximately 1159 pounds of VOC emissions.

5. The use of CPVC pipe and adhesives are not on or proposed to be on the
Proposition 65 list as a material or chemical in the State's drinking water
sources known to cause cancer, birth defects or other reproductive harm, and
there are no requirements to inform citizens about exposures to such materials
and chemicals.

6. There are no health advisories, action levels (Maximum Contaminants Levels
and Drinking Water Action Levels) or Public Health Goal (as defined below)
established or proposed for CPVC pipe material or adhesives.

7. CPVC has been certified to NSF/ANSI Standard 61 - Drinking Water System
Components and the NSF/ANSI Standard 14 Plastic Piping System
Components and Related Materials. This certification resulted in findings that
the concentrations of leached materials from the CPVC plumbing system
products, materials, and ingredients (including all chemicals, contaminants, or
impurities in the product) that came in contact with the water did not result in
unacceptable toxicological levels. Furthermore, the risk assessment results
met all acceptable levels using U.S. EPA and California Department of Health
Services approved toxicological review and risk assessments.

8. California has established regulations for the control of microbiological
contaminants, through DHS, in drinking water supplies in Title 22, Chapter
17, which requires treatment of surface water by maintenance of a detectable
chlorine residual in at least 95% of the bacteriological sampling points each
month.

9. State Water Resources Control Board stated that the CPVC pipe material and
chemicals in the adhesives to install the pipe are not currently regulated or
proposed to be regulated by the SWRCB for impacts on water quality,
including requirements at POTW’s.

Based on all the relevant information for the Existing Project, including the record
accumulated since the adoption of the statewide use of CPVC pipe pursuant to the
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MND, and the record of previous HCD examinations of CPVC and potential for
trace solvents, leachates and other trace chemicals from the resins and disinfection
by-products, the Department has determined that the proposal to remove the
Findings Requirement will result in a less than significant new impact concerning
the creation of a significant hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials.

b. Less Than Significant New Impact concerning the creation of a significant
hazard to the public or the environment through reasonably foreseeable
upset and accident conditions involving the release of hazardous materials
into the environment:

The Department has made the following determinations on the use of CPVC pipe
and adhesives:

2. The MND determined that the installation of CPVC pipe was site specific and
that the required worker safety and consumer protection provision for flushing
of the pipe resulted in a “No Impact” determination concerning the creation of
a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials.

4. CPVC pipe material is not classified as a hazardous material nor is it
classified as a hazardous waste under the Department of Toxic Substance
Controls waste evaluation criteria pursuant to the Health and Safety Code.
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Based on all the relevant information for the Existing Project, including the record
accumulated since the adoption of the statewide use of CPVC pipe pursuant to the
MND, and the record of previous HCD examinations of CPVC and potential for
trace solvents, leachates and other trace chemicals from the resins and disinfection
by-products, the Department has determined that the proposal to remove the
Findings Requirement will result in a less than significant new impact concerning
the creation of a significant hazard to the public or the environment through
reasonably foreseeable upset and accident conditions involving the release of
hazardous materials into the environment.

c. Less Than Significant New Impact concerning hazardous emissions or
handling of hazardous or acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed school:
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The MND determined that the installation of CPVC pipe was site specific and that
the required worker safety and consumer protection provision for flushing of the
pipe prior to use resulted in a “Less Than Significant” determination concerning
hazardous emissions or handling of hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school.

Based on all the relevant information for the Existing Project, including the record
accumulated since the adoption of the statewide use of CPVC pipe pursuant to the
MND, and the record of previous HCD examinations of CPVC and potential for
trace solvents, leachates and other trace chemicals from the resins and disinfection
by-products, the Department has determined that the small increase in use of
CPVP pipe and adhesives as the result of removing the Findings Requirement will
result in a less than significant new impact concerning the creation of hazardous
emissions or handling of hazardous or acutely hazardous materials, substances, or
waste within one-quarter mile of an existing or proposed school.

d. No New Impact to hazardous materials sites:

The proposal to remove the Findings Requirement will not impact a site, which is
included on a list of hazardous materials sites complied pursuant to Government
Code Section 65962.5, and as a result, create a significant hazard to the public or
the environment. This finding has not changed from that made in the Initial Study
approved for the Existing Project.

e. No New Impact to airport areas:

The proposal to remove the Findings Requirement will not result in a safety
hazard for people residing or working within an airport land use plan or within
two miles of a public airport or public use airport. This finding has not changed
from that made in the Initial Study approved for the Existing Project.

f. No New Impact private airstrips:

The proposal to remove the Findings Requirement will not result in a safety
hazard for people residing or working within the vicinity of a private airstrip. This
finding has not changed from that made in the Initial Study approved for the
Existing Project.

g. No New Impact to emergency response or evacuation plan:

The proposal to remove the Findings Requirement will not interfere with an
emergency response plan or emergency evacuation plan. This finding has not
changed from that made in the Initial Study approved for the Existing Project.

h. No New Impact to injury involving wildland fires:
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The proposal to remove the Findings Requirement will not expose people or
structures to a risk of loss, injury or death involving wildland fires. This finding
has not changed from that made in the Initial Study approved for the Existing
Project.

VIII. HYDROLOGY AND WATER QUALITY.

Background Information

1. Existing uses of CPVC Pipe and Adhesives: For over 20 years the State has
approved for residential structures the use of ABS plastic pipe for
drain/waste/vent (D/W/V), PVC or CPVC for street water mains, and PVC for the
service line from the street water main to the house. The MND also permitted the
statewide use of CPVC inside residential structures if specific findings, worker
safety and flushing requirements were met. The Department has been provided
estimates from the plumbing industry that since the year 2001 approximately 11.6
million feet of CPVC pipe has been shipped to California for use in construction
under current permitted uses. All these permitted uses of plastic pipe have used
similar adhesives for installation and are routinely transported and used at the
construction site and the Department has found no information in the record to
support a finding of adverse environmental impacts due to the existing statewide
use of these approved adhesives.

Although the use of the adhesives for the installation of plastic pipe can be
hazardous for the installer if not used according to instructions on the label, these
adhesives have been commonly used for years in the construction industry under
the existing permitted use in California for PVC, non-residential use of CPVC and
ABS D/W/V pipe, and in regulation under the Existing Project. These adhesives
are routinely transported and used at the installation site and there is no
information in the record that supports a finding of adverse environmental
impacts due to the existing statewide use of these approved uses of adhesives.

As discussed in the approved MND, CPVC pipe is manufactured from CPVC
resins using heat and pressure. CPVC used for potable water pipe and fittings has
certain stabilizers added to protect it from degradation during forming and use.
The CPVC manufacturing formulas currently employed use tin-containing
organic compounds as stabilizers. CPVC also contains other additives, including
pigments and lubricants to facilitate forming of the pipe and fittings.

CPVC pipe and fittings are joined during installation using adhesives that contain
certain solvent chemicals, including acetone, tetrahydrofuran, methyl ethyl
ketone, and cyclohexanone. These adhesives have been commonly used for years
in the construction industry and have been permitted for use in California for
PVC, non-residential use of CPVC and ABS D/W/V pipe and are required to be
installed pursuant to the instruction labels for the specific pipe. The MND took
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the installation requirements one step further for CPVC pipe to be installed within
residential structures by requiring specific worker safety measures be
incorporated into the regulation and also required that the pipe be flushed prior to
first use by the resident.

2. Expected Increase in use of CPVC pipe and Adhesives: The Department
has estimated that approximately 578 new residential units per day are built
statewide in California and 274 re-pipings are performed per day. If all these
units were to install CPVC instead of copper pipe, this would result in
approximately 1704 pounds (2lbs/unit x 852 units) of adhesives per day being
used statewide to install the pipe. As discussed in section III. Air Quality, above,
of this 1704 pounds, approximately 1159 pounds would be emitted as VOC
emissions during installation.

As discussed in the MND and previous studies by the California
Department of Health Services the trace solvent found in water was methyl ethyl
ketone. These documents also discussed expected leachates from the CPVC pipe
such as organotins and trace chemicals from the resins and disinfection by-
products.

Because the existing MND has already considered the individual
environmental and health effects of using CPVC pipe and adhesives in a
residential structure those issues do not need to be re-evaluated. The only
environmental and health effects necessary to evaluate would be any new impacts
associated with the expected increase in the use of CPVC and adhesives to the
waters of the state.

3. Hazardous Material or Waste in Contact with Drinking Water: As
discussed in previous section the Department has found no information in the
record that shows that CPVC pipe material is or would be classified as a
hazardous material or a hazardous waste pursuant to the Department of Toxic
Substance Controls waste evaluation criteria pursuant to the Health and Safety
Code (Div. 20, Ch 6.5, Art. 4, beginning at § 25140).

4. Chemical Contaminants in Drinking Water: The California Safe Drinking
Water Act of 1996 (amended Health and Safety Code, Section 116365) requires
the Office of Environmental Health Hazard Assessment (OEHHA) to evaluate
chemical contaminants in drinking water. The program within OEHHA called the
Pesticide and Environmental Toxicology Section (PETS) provides risk assessment
and hazard evaluation assistance related to chemical contaminants in drinking
water. This includes developing health advisories, action levels, and public health
goals (PHG29) for chemical substances in drinking water.

29
PHGs are developed for chemical contaminants based on the best available toxicological data in the
scientific literature. These documents and the analyses contained in them provide estimates of the levels of
contaminants in drinking water that would pose no significant health risk to individuals consuming the
water on a daily basis over a lifetime.
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The Department has determined that there are no health advisories, action
levels (Maximum Contaminants Levels and Drinking Water Action Levels) or
PHG established or proposed for CPVC pipe material or chemicals in the
adhesives.

Another program within OEHHA was established by Proposition 65, the
Safe Drinking Water and Toxic Enforcement Act of 1986, which was enacted as a
ballot initiative in November 1986. Proposition 65 was intended by its authors to
protect California citizens and the State's drinking water sources from chemicals
known to cause cancer, birth defects or other reproductive harm, and to inform
citizens about exposures to such chemicals. Proposition 65 requires the Governor
to publish, at least annually, a list of chemicals known to the state to cause cancer
or reproductive toxicity.

The Department has made a determination that the CPVC pipe material and
chemicals in the adhesives to install the pipe are not on or proposed to be on the
Proposition 65 as materials and chemicals in the State's drinking water sources
known to cause cancer, birth defects or other reproductive harm, and there are no
requirements to inform citizens about exposures to such materials and chemicals.
The Department has further determined that there are no chemicals in CPVC pipe
material or in the adhesives that are subject to the warning requirement or
prohibited from discharge to source of drinking water under Proposition 65.

5. National Health Based Standards for Drinking Water Systems: CPVC has
been certified to NSF/ANSI Standard 61 - Drinking Water System Components
and the NSF/ANSI Standard 14 Plastic Piping System Components and Related
Materials.30 All certification assessments looked for health effects, quality
control, quality assurance, marking, material property requirements, long-term
strength evaluation, and short-term product performance evaluation to various
standards such as ASME, ASTM, ASSE, etc. The review is specifically focused
on the public health aspects of the standards, including evaluation methodology,
test procedures, and addressing current regulatory and public health issues. The
water analysis method requires the use of U.S. EPA methods when available.31
When there is no EPA method available, NSF/ANSI 61 requires that the analysis
be performed in accordance with “Standard Methods for the Examination of
Water and Wastewater” which is published jointly by the American Public Health
Association, AWWA and the Water Environmental Federation.

The concentrations of leached materials from the CPVC plumbing system
products, materials, and ingredients (including all chemicals, contaminants, or

30
These NSF/ANSI standards were first adopted in June 1988 and developed by a consortium of NSF
International, the American Water Works Association Research Foundation (AWWARF), the Association
of State Drinking Water Administrators (ASDWA), and the American Water Works Association (AWWA)
with support from the U.S. Environmental Protection Agency (USEPA).
31
40 CFR Part 141 and Methods for Chemical Analysis of Water and Wastes, EPA 600/4-79-020.
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impurities in the product) that came in contact with the water did not result in any
unacceptable toxicological levels. Furthermore, risk assessment results met all
acceptable levels using U.S. EPA and California Department of Health Services
approved toxicological review and risk assessments.

6. Drinking Water Quality Requirements for Public Water Systems: The
Division of Drinking Water and Environmental Management within the
Department of Health Services (DHS) regulates public water systems to maintain
a physical, chemical, and biological environment that contributes positively to
health, prevents illness, and assures protection of the public water systems. DHS'
regulations require public water systems to monitor their drinking water sources
for chemical contaminants that are delivered to users such as residential homes.
The Monitoring and Evaluation and Health Assessment Section collects,
compiles, evaluates, and reports drinking water quality data from public water
systems. This Section conducts evaluations of water quality findings on a local,
regional and statewide basis and investigates health effects information on
chemicals in drinking water.

The Department has made a finding that PVC and CPVC pipe material and
adhesives to install the pipe have been permitted to be installed as the water
distribution piping from all water sources up to the point that the water enters
residential structures. As part of the approval in Title 22, DHS required that
CPVC meet the certification process of NSF International for plastic water pipe
being used for water distribution systems, both NSF/ANSI 14 and 61. DHS is
required to take into consideration OEHHA’s health base studies and standards in
its approval of the use of CPVC in the distribution systems from the water source
to the residential structures service.

7. Requirements for Protecting against Microbial Contaminants: There is a
potential health risk for all hot water distribution systems, both plastic and
metallic pipe, due to microbial contaminants. One such risk is Legionnaires’
disease which is normally acquired by inhalation or aspiration of legionella from a
contaminated environmental source. 32 The first evidence of the association
between potable water from shower and nosocomial legionellosis was reported
approximately 20 years ago, and the hot water system is thought to be the most
frequent source of cases or outbreaks within a hospital, where patients may be at a
higher risk for a severe infection. Consultation with DHS found that most cases
of outbreaks in California have been reported in hot water systems at hospitals
and nursing homes which consist mainly of copper or galvanized pipe. They
stated that they have had no reported cases of legionella from domestic water
supply systems.

32
The Department of Health Services defines legionella in Title 22, Division 4 Environmental Health,
§64651.53. Legionella. [as] “Legionella” means a genus of bacteria, some species of which have caused a
type or pneumonia called Legionnaires disease.
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Two recent studies have confirmed that both plastic and metallic pipe
material have the potential for legionella colonies growth. One study was a lab
test using water free of any detectable chlorine residual33 and the other study
analyzed water samples collected from private homes of six towns (Milan,
Modena, Bologna, Rome, Naples, Bari) representative of different Italian regions
(Northern, Central, and Southern Italy).34 The lab test reported in 2002 by ASM
Press showed results that plastic pipe was more prone to legionella colonies
growth than copper pipe. However, those tests were done with no detectable
chlorine residual which would violate DHS requirements in title 22 as discussed
below. The test results from homes in Italy reported in March 2004 stated that
copper pipe systems greater than 10 years old no longer would have the high
levels of copper leaching into the drinking water to help control legionella
colonization. This report stated that this was associated with higher risks of
Legionella colonization.35

California has established regulations for the control of microbiological
contaminants, through DHS, in drinking water supplies in Title 22, Chapter 17,
"Surface Water Treatment," by requiring each domestic water supplier using an
approved surface water to "provide multibarrier treatment necessary to reliably
protect users from the adverse health effects of microbiological contaminants,"
for the " following microbial contaminants: Giardia lamblia (cysts), viruses,
heterotrophic plate count bacteria, and Legionella." The required treatment in
the surface water treatment regulation is maintenance of a detectable chlorine
residual in at least 95% of the bacteriological sampling points each month.

Given that DHS found that most cases of outbreaks in California have
been reported in hot water systems at hospitals and nursing homes which consist
mainly of copper or galvanized pipe the Department believes that the two studies
on legionella colonization in water pipe support a finding that all water pipe is
susceptible to microbiological contamination. Furthermore, the test results in
Italy concluded that one major independent factor protective against Legionella
colonization was free chlorine residuals in the drinking water which supports
DHS’s requirements in title 22.

8. Waste Discharge Requirements: The State Water Resources Control Board
(SWRCB) and the Regional Water Quality Control Boards (RWQCBs) (together
“Boards”) are the principal state agencies with primary responsibility for the
coordination and control of water quality. In the Porter-Cologne Water Quality
Control Act (Porter-Cologne), the Legislature declared that the “state must be
prepared to exercise its full power and jurisdiction to protect the quality of the

33
See "Bioflim Formation and Multiplication of Legionella on Synthetic Pipe Material in Contaxct with
Treated Water under Static and Dynamic Condition" edited by Richard Marre, et al, 2002 ASM Press,
Washington D.C.
34
See “Legionella Infection Risk from Domestic Hot Water” (see Emerging Infectious Diseases •
www.cdc.gov/eid • Vol. 10, No. 3, March 2004)
35
Ibid
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waters in the state from degradation...” (California Water Code section 13000).
Porter-Cologne grants the Boards the authority to implement and enforce the
water quality laws, regulations, policies and plans to protect the groundwater and
surface waters of the state.

The Department has made a determination after, consultation with the
SWRCB, that the CPVC pipe material and chemicals in the adhesives to install
the pipe are not currently regulated or proposed to be regulated by the SWRCB
for impacts on water quality.

Beginning of Initial Checklist Analysis For this Section

a. No New Impact concerning the violation of any water quality standards or
waste discharge requirements:

The Department has made the following determinations on the use of CPVC pipe
and adhesives:

1. That for over 20 years the State has approved for residential structures the use
of ABS plastic pipe for drain/waste/vent (D/W/V), PVC or CPVC for street
water mains, and PVC for the service line from the street water main to the
house. The MND also permitted the statewide use of CPVC inside residential
structure if specific findings, worker safety and flushing requirements were
met. The Department has been provided estimates from the plumbing
industry that since the year 2001 approximately 11.6 million feet of CPVC
pipe has been shipped to California for use in construction under current
permitted uses. All these permitted uses of plastic pipe have used similar
adhesives for installation and are routinely transported and used at the
construction site and the Department has found no information in the record to
support a finding of adverse environmental impacts due to the existing
statewide use of these approved adhesives.

2. CPVC pipe material is not classified as a hazardous material nor would it be
classified as a hazardous waste under the Department of Toxic Substance
Controls waste evaluation criteria pursuant to the Health and Safety Code.
The use of CPVC pipe would not be considered a hazardous material or
hazardous waste in contact with the drinking water.

3. The use of CPVC pipe and adhesives are not on or proposed to be on the
Proposition 65 list as a material or chemical in the State's drinking water
sources known to cause cancer, birth defects or other reproductive harm, and
there are no requirements to inform citizens about exposures to such materials
and chemicals.
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AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 39

4. There are no health advisories, action levels (Maximum Contaminants Levels
and Drinking Water Action Levels) or PHG established or proposed for
CPVC pipe material or adhesives.

5. CPVC has been certified to NSF/ANSI Standard 61 - Drinking Water System
Components and the NSF/ANSI Standard 14 Plastic Piping System
Components and Related Materials. This certification resulted in findings that
concentrations of leached materials from the CPVC plumbing system
products, materials, and ingredients (including all chemicals, contaminants, or
impurities in the product) that came in contact with the water did not result in
any unacceptable toxicological levels. Furthermore, risk assessment results
met all acceptable levels using U.S. EPA and California Department of Health
Services approved toxicological review and risk assessments.

6. California has established regulations for the control of microbiological
contaminants, through DHS, in drinking water supplies in Title 22, Chapter
17, which requires treatment of surface water by maintenance of a detectable
chlorine residual in at least 95% of the bacteriological sampling points each
month.

7. SWRCB stated that the CPVC pipe material and chemicals in the adhesives to
install the pipe are not currently regulated or proposed to be regulated by the
SWRCB for impacts on water quality, including requirements at POTW’s.

Based on all the relevant information for the Existing Project, including the record
accumulated since the adoption of the statewide use of CPVC pipe pursuant to the
MND, and the record of previous HCD examinations of CPVC and potential for
trace solvents, leachates and other trace chemicals from the resins and disinfection
by-products, the Department has determined that the proposal to remove the
Findings Requirement will not cause the violation of any water quality standards
or waste discharge requirements.

b. No New Impact concerning groundwater supplies:

c. No New Impact concerning drainage patterns:
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d. No New Impact concerning altering drainage patterns:

e. No New Impact concerning runoff of water:

f. Less Than Significant New Impact that would otherwise substantially
degrade water quality:

The Department has made the following determination on the use of CPVC pipe
and adhesives:

industry that since the year 2001 approximately 11.6 million feet of CPVC
pipe has been shipped to California for use in construction under current
permitted uses. All these permitted uses of plastic pipe have used similar
adhesives for installation and are routinely transported and used at the
construction site and the Department has found no information in the record to
support a finding of adverse environmental impacts due to the existing
statewide use of these approved adhesives.

3. The use of CPVC pipe and adhesives are not on or proposed to be on the
Proposition 65 list as a material or and chemical in the State's drinking water
sources known to cause cancer, birth defects or other reproductive harm, and
there are no requirements to inform citizens about exposures to such materials
and chemicals.

4. There are no health advisories, action levels (Maximum Contaminants Levels
and Drinking Water Action Levels) or PHG established or proposed for
CPVC pipe material or adhesives.

5. CPVC has been certified to NSF/ANSI Standard 61 - Drinking Water System
Components and the NSF/ANSI Standard 14 Plastic Piping System
Components and Related Materials. This certification resulted in findings that
the concentrations of leached materials from the CPVC plumbing system
products, materials, and ingredients (including all chemicals, contaminants, or
impurities in the product) that came in contact with the water did not result in
any unacceptable toxicological levels. Furthermore, risk assessment results
met all acceptable levels using U.S. EPA and California Department of Health
Services approved toxicological review and risk assessments.

MND, and the record of previous HCD examinations of CPVC and potential for
trace solvents, leachates and other trace chemicals from the resins and disinfection
by-products, the Department has determined that the proposal to remove the
Findings Requirement will result in less than significant new impacts concerning
substantially degradeing water quality.

g. No New Impact concerning the placement of housing within a flood hazard
area:

h. No New Impact concerning the placement within a 100-year flood hazard
area:

i. No New Impact concerning flooding as a result of the failure of a levee or
dam:

j. No New Impact concerning inundation by seiche, tsunami, or mudflow:

seiche, tsunami, or mudflows. This finding has not changed from that made in the
Initial Study approved for the Existing Project.

IX. LAND USE AND PLANNING.

a. No New Impact concerning physically dividing an established community:

b. No New Impact concerning conflicts with any applicable land use plan,
policy, or regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan, local coastal
program, or zoning ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect:

c. No New Impact concerning conflict with any applicable habitat conservation
plan or natural community conservation plan:

X. MINERAL RESOURCES.

a. No New Impact that would result in the loss of availability of a known
mineral resource that would be of value to the region and the residents of the
state:
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b. No New Impact that would result in the loss of availability of a locally-
important mineral resource recovery site delineated on a local general plan,
specific plan or other land use plan:

XI NOISE.

a. No New Impact concerning the exposure of persons to or generation of noise
levels in excess of standards established in the local general plan or noise
ordinance, or applicable standards of other agencies:

b. No New Impact concerning the exposure of persons to or generation of
excessive groundborne vibration or groundborne noise levels:

finding has not changed from that made in the Initial Study approved for the
Existing Project.

c. No New Impact concerning a substantial permanent increase in ambient
noise levels in the project vicinity above levels existing without the project:

d. No New Impact concerning a substantial temporary or periodic increase in
ambient noise levels in the project vicinity above levels existing without the
project:

e. No New Impact concerning being located within an airport land use plan or,
where such a plan has not been adopted, within two miles of a public airport
or public use airport, or exposing people residing or working in the project
area to excessive noise levels:

f. No New Impact concerning being located within the vicinity of a private
airstrip, or exposing people residing or working in the project area to
excessive noise levels:

people to excessive noise within the vicinity of a private airstrip. This finding has
not changed from that made in the Initial Study approved for the Existing Project.

XII. POPULATION AND HOUSING.

a. No New Impact that would induce substantial population growth in an area,
either directly (for example, by proposing new homes and businesses) or
indirectly (for example, through extension of roads or other infrastructure):

b. No New Impact that would displace substantial numbers of existing housing,
necessitating the construction of replacement housing elsewhere:

c. No New Impact that would displace substantial numbers of people,
necessitating the construction of replacement housing elsewhere:

XIII. PUBLIC SERVICES.

a. No New Impact on the below listed public services:

will not result in physical impacts associated with the provisions of new or
physically altered governmental facilities for any of the following public services:

- Fire Protection
- Police Protection
- Schools
- Parks
- Other public facilities.

This finding has not changed from that made in the Initial Study approved for the
Existing Project.

XIV. RECREATION.

a. No New Impact that would increase the use of existing neighborhood and
regional parks or other recreational facilities such that substantial physical
deterioration of the facility would occur or be accelerated:

b. No New Impact that would include recreational facilities or require the
construction or expansion of recreational facilities which might have an
adverse physical effect on the environment:

XV. TRANSPORTATION AND CIRCULATION.

a. No New Impact that would cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the street system (i.e.,
result in a substantial increase in either the number of vehicle trips, the
volume to capacity ratio on roads, or congestion at intersections):
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b. No New Impact that would exceed, either individually or cumulatively, a
level of service standard established by the county congestion management
agency for designated roads or highways:

c. No New Impact that would result in a change in air traffic patterns,
including either an increase in traffic levels or a change in location that
results in substantial safety risks:

d. No New Impact that would substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous intersections) or incompatible uses
(e.g., farm equipment):

e. No New Impact that would result in inadequate emergency access:

This issue is not applicable to the proposed change to the Existing Project. The
proposed change to section 604.1 of the CPC, which permits the statewide use of
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AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 49

CPVC water pipe inside residential structures, is to delete the Findings
Requirement of the local building official and will not result in inadequate
emergency access. This finding has not changed from that made in the Initial
Study approved for the Existing Project.

f. No New Impact that would result in inadequate parking capacity:

g. No New Impact that would conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts, bicycle racks):

XVI. UTILITIES AND SERVICE SYSTEMS.

a. No New Impact that would exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board:

This issue is not applicable to the proposed change to the Existing Project. The
proposed change to section 604.1 of the CPC, which permits the statewide use of
CPVC water pipe inside residential structures, is to delete the Findings
Requirement of the local building official and will not result in exceeding
wastewater treatment requirements of the applicable Regional Water Quality
Control Board. As stated above, there are no wastewater treatment requirements
for the use of CPVC water pipe and adhesives. There would be expected to be a
decrease in copper concentrations at wastewater treatment plants in those
situations when CPVC pipe is used to replace leaking copper pipe in existing
structures. There is also a potential that wastewater treatment plants, that have
projected continuous increasing levels of copper concentrations in wastewater due
to new construction, may see a decline in copper concentration if CPVC pipe
replaces copper pipe as the preferred plumbing material for new construction and
pipe replacement in residential structures. This finding has not changed from that
made in the Initial Study approved for the Existing Project.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 50

b. No New Impact that will require or result in the construction of new water or
wastewater treatment facilities or expansion of existing facilities, the
construction of which could cause significant environmental effects:

c. No New Impact that would require or result in the construction of new storm
water drainage facilities or expansion of existing facilities, the construction of
which could cause significant environmental effects:

d. No New Impact that would concern the need for sufficient water supplies to
be available to serve the project from existing entitlements and resources, or
are new or expanded entitlements needed:

e. No New Impact would result in a determination by the wastewater treatment
provider which serves or may serve the project that it has adequate capacity
to serve the project’s projected demand in addition to the provider’s existing
commitments:
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 51

f. No New Impact concerning the use of landfills with sufficient permitted
capacity to accommodate the project’s solid waste disposal needs:

This issue is not applicable to the proposed change to the Existing Project. The
proposed change to section 604.1 of the CPC, which permits the statewide use of
CPVC water pipe inside residential structures, is to delete the Findings
Requirement of the local building official. This finding has not changed from
that made in the Initial Study approved for the Existing Project. The Department
has determined that current copper and galvanized pipe replacement in residential
structures results in little or no recycling of the copper or galvanized pipe and
little disposal in landfills of this material. Based on consultation with some pipe
replacement companies, the Department understands that during most pipe
replacement jobs, the existing pipe is left in the structure and not disposed in
landfills. Based on this construction practice of leaving old pipe in the structure,
an increase in use of CPVC will not result in adverse impacts at landfills at the
end of its useful life span. Based on the information in the record accumulated
since the adoption of the statewide use of CPVC pipe pursuant to the MND, and
the record of previous HCD examinations of CPVC pipe for use in residential
structures for the change in the Existing Project, the Lead Agency has determined
that there is no information in the record that shows that the proposed expanded
use of CPVC will impact the State’s landfill capacity to accommodate any solid
waste disposal needs.

g. No New Impact concerning compliance with federal, state, and local statutes
and regulations related to solid waste:

structures results in little or no recycling of the copper or galvanized pipe and
little disposal in landfills of this material. After consultation with some pipe
replacement companies, the Department believes that during most pipe
replacement jobs, the existing pipe is left in the structure and not disposed in
landfills. Based on this apparent construction practice in leaving the existing pipe
in the structure, the Department’s does not believe an increase in use of CPVC
will result in adverse impacts at landfills at the end of its useful life span. Based
on the information in the record accumulated since the adoption of the statewide
use of CPVC pipe pursuant to the MND, and the record of previous HCD
examinations of CPVC pipe for use in residential structures for the change in the
Existing Project the Lead Agency has determined that there is no information in
the record that shows that the proposed expanded use of CPVC will not comply
with federal, state and local statutes and regulations related to solid waste.

XVII. MANDATORY FINDINGS OF SIGNIFICANCE.

Pertinent Information For These Findings

1. Existing Use of CPVC pipe and Adhesives: For over 20 years the State has
approved for residential structures the use of ABS plastic pipe for
drain/waste/vent (D/W/V), PVC or CPVC for street water mains, and PVC for the
service line from the street water main to the house. The MND also permitted the
statewide use of CPVC inside residential structures if specific findings, worker
safety and flushing requirements were met. The Department has been provided
estimates from the plumbing industry that since the year 2001 approximately 11.6
million feet of CPVC pipe has been shipped to California for use in construction
under current permitted uses. All these permitted uses of plastic pipe have used
similar adhesives for installation and are routinely transported and used at the
construction site and the Department has found no information in the record to
support a finding of adverse environmental impacts due to the existing statewide
use of these approved adhesives.

2. Expected Increase use of CPVC pipe and Adhesives: The Department has
estimated that approximately 578 new residential units per day are built statewide
in California and 274 re-pipings are performed per day. If all these units were to
install CPVC instead of copper pipe, this would result in approximately 1704
pounds (2lbs/unit x 852 units) of adhesives per day being used statewide to install
the pipe. As discussed in section III. Air Quality, above, of this 1704 pounds,
approximately 1159 pounds would be emitted as VOC emissions during
installation.

3. Existing MND:

The Department has made the following determinations on the use of CPVC pipe
and adhesives under the MND:
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 53

A. Industry requirements for worker safety on the label of the adhesives were
incorporated as specific worker safety measures in the installation portion of
the regulation adopted under the MND. These requirements will remain in
regulation.

B. Requirements for flushing of the CPVC prior to first use was required by the
MND and will remain in regulation.

C. The existing MND has already considered the individual environmental and
health effects of installing CPVC pipe and adhesives in a residential structure
and those issues do not need to be re-evaluated.

D. The Department has found no information supporting a finding that the
existing permitted uses under the MND have caused any adverse
environmental or health impacts.

4. Air Quality Protection:

The Department has made the following determinations on the use of CPVC pipe
and adhesives:

A. The concentration of VOCs in adhesives use for CPVC in residential
construction is regulated through the states Consumer Products regulations
and local air districts regulation and are included in the applicable air quality
plans.

B. No VOC regulations place limitations on the quantity of adhesives used during
construction of residential buildings.

C. Adhesives used for the installation of CPVC inside residential buildings meets
the requirements for VOC content in the states SIP and all applicable local air
quality districts.

D. The potential statewide increase of VOC emissions due to the proposed
change in the Existing Project may be 0.0235% of the current VOCs emission
inventory less those VOC emissions from copper pipe installation.

E. The MND made a determination that the use of adhesives for the Existing
Project would not result in exposing sensitive receptors to substantial pollutant
concentrations at or near the construction site.

F. The MND had made a determination that the use of adhesives for the Existing
Project would not result in the creation of objectionable odors affecting a
substantial number of people at or near the construction site.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 54

G. The small increase in VOC emissions would be distributed through various air
basins where the construction would take place, and the Department finds that
the potential increase will not result in the violation of any air quality standard
or contribute substantially to an existing or projected air quality standard
violation, or result in cumulatively considerable net increase of any criteria
pollutant, exposing sensitive receptors to substantial pollutant concentrations
and objectionable odors affecting a substantial number of people at or near the
construction site.

5. California Hazardous Materials and Waste Classification:

The Department has made the following determinations on the use of CPVC pipe
and adhesives:

A. There is no information in the record that shows that CPVC pipe material is or
would be classified as a hazardous material or a hazardous waste pursuant to
the Department of Toxic Substance Controls waste evaluation criteria
pursuant to the Health and Safety Code (Div. 20, Ch 6.5, Art. 4, beginning at
§ 25140).

6. Protection of Drinking Water and the Waters of the State.

A. The use of CPVC pipe and adhesives are not on or proposed to be on the
Proposition 65 list as a material or chemical in the State's drinking water
sources known to cause cancer, birth defects or other reproductive harm, and
there are no requirements to inform citizens about exposures to such materials
and chemicals.

B. There are no health advisories, action levels (Maximum Contaminants Levels
and Drinking Water Action Levels) or PHG established or proposed for
CPVC pipe material or adhesives.

C. CPVC has been certified to NSF/ANSI Standard 61 - Drinking Water System
Components and the NSF/ANSI Standard 14 Plastic Piping System
Components and Related Materials. This certification resulted in findings that
the concentrations of leached materials from the CPVC plumbing system
products, materials, and ingredients (including all chemicals, contaminants, or
impurities in the product) that came in contact with the water did not result in
any unacceptable toxicological levels. Furthermore, risk assessment results
met all acceptable levels using U.S. EPA and California Department of Health
Services approved toxicological review and risk assessments.

D. California has established regulations for the control of microbiological
contaminants, through DHS, in drinking water supplies in Title 22, Chapter
17, which requires treatment of surface water by maintenance of a detectable
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 55

chlorine residual in at least 95% of the bacteriological sampling points each
month.

E. DHS regulations (Title 22, California Code of Regulations) permit the use of
PVC or CPVC pipe for all water distribution systems in California. There are
no installations or flushing requirement restrictions imposed on this permitted
use required in DHS regulations.

F. The California Plumbing Code permits the use of CPVC outside residential
buildings with no restriction There are no installations or flushing
requirement restrictions imposed on this permitted use as in this Code.

G. State Water Resources Control Board stated that the CPVC pipe material and
chemicals in the adhesives to install the pipe are not currently regulated or
proposed to be regulated for impacts on water quality including requirements
at Publicly Owned Treatment Work’s.

Beginning of Initial Checklist Analysis for the
Mandatory Findings Of Significance

a. No New Impact concerning the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history or prehistory:

The Department has determined that the proposal to remove the Findings
Requirement will not:

1. Conflict with or obstruct the implementation of any local air quality plan.

2. Violate any air quality standard or contribute substantially to an existing or
projected air quality standard violation.

3. Result in cumulatively considerable net increase of any criteria pollutant
including releasing emission which exceed quantitative thresholds for ozone
precursors.

4. Expose sensitive receptors to substantial pollutant concentrations.

5. Create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 56

6. Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment.

7. Cause the violation of any water quality standards or waste discharge
requirements.

8. Otherwise substantially degrade water quality.

Based on all the relevant information, including the record accumulated since the
adoption of the statewide use of CPVC pipe pursuant to the MND, and the record
of previous HCD examinations of CPVC pipe for use in residential structures for
the Existing Project, the Department has determined that the proposed changes to
the Existing Project will not have the potential to significantly degrade quality of
the environment, substantially reduce the habitat of a fish or wildlife species
cause a fish or wildfire population to drop below self-sustaining levels, threaten to
eliminate a plant or animal community, or eliminate important examples of major
periods of California history or prehistory. This finding has not changed from
that made in the initial study approved for the Existing Project.

b. Less Than Significant New Impacts concerning impacts that are individually
limited, but cumulatively considerable (“Cumulatively considerable” means
that the incremental effects of a project are considerable when viewed in
connection with the effects of past projects, the effects of other current
projects, and the effects of probable future projects):

The Department has determined that the proposal to remove the Findings
Requirement will not:

1. Conflict with or obstruct the implementation of any local air quality plan.

2. Violate any air quality standard or contribute substantially to an existing or
projected air quality standard violation.

3. Result in cumulatively considerable net increase of any criteria pollutant
including releasing emission which exceed quantitative thresholds for ozone
precursors.

4. Expose sensitive receptors to substantial pollutant concentrations.

5. Create objectionably odors affecting a substantial number of people.

6. Create a significant hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 57

7. Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment.

8. Cause the violation of any water quality standards or waste discharge
requirements.

9. Otherwise substantially degrade water quality.

Based on all the relevant information, including the record accumulated since the
adoption of the statewide use of CPVC pipe pursuant to the MND, and the record
of previous HCD examinations of CPVC pipe for use in residential structures for
the Existing Project, and the retention of the mitigation measures set forth in the
MND, the Department has determined that the proposed changes to the Existing
Project will not have new or substantially more severe potentially Significant
Impacts that are cumulatively considerable when viewed in connection with the
effects of past uses of CPVC and adhesives, the effects of other current uses of
CPVC and adhesives, and the effects of probable future uses of CPVC and
adhesives.

c. Less Than Significant New Impact that would result in environmental effects
which will cause substantial adverse effects on human beings, either directly
or indirectly:

The Department has determined that the proposal to remove the Findings
Requirement will not:

1. Conflict with or obstruct the implementation of any local air quality plan.

2. Violate any air quality standard or contribute substantially to an existing or
projected air quality standard violation.

3. Result in cumulatively considerable net increase of any criteria pollutant
including releasing emission which exceeds quantitative thresholds for ozone
precursors.

4. Expose sensitive receptors to substantial pollutant concentrations.

5. Create objectionably odors affecting a substantial number of people.

6. Create a significant hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials.

7. Create a significant hazard to the public or the environment through reasonably
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment.
ADDENDUM TO FINAL MITIGATED NEGATIVE DECLARATION
AMENDING SECTION 604.1 OF CALIFORNIA PLUMBING CODE Page 58

8. Cause the violation of any water quality standards or waste discharge
requirements.

9. Otherwise substantially degrade water quality.

Based on all the relevant information, including the record accumulated since the
adoption of the statewide use of CPVC pipe pursuant to the MND, and the record
of previous HCD examinations of CPVC pipe for use in residential structures for
the Existing Project, and the retention of the mitigation measures set forth in the
MND, the Department has determined that the proposed changes to the Existing
Project will not cause a new or substantially more severe potentially significant
impact on the environment which will cause substantial adverse effects on human
beings, either directly or indirectly.

V. CONCLUSIONS

An Addendum is the appropriate CEQA document for the proposed modification to the
Existing Project pursuant to CEQA Guidelines §15164(b) because only minor technical
changes or additions to the Existing Project are necessary, and there are no project
changes or changes to the Final Mitigated Negative Declaration that would trigger any
conditions identified in CEQA Guidelines §15162. Consequently, neither a subsequent
Negative Declaration nor EIR is required. In addition, the current proposal will not alter
or make substantially worse the conclusions regarding adverse environmental impacts
contained in the November 2000 Final Mitigated Negative Declaration, nor will they
result in any new significant adverse impacts. The currently proposed modifications
presented in this Addendum will not require new mitigation measures nor will they
require modification of existing mitigation measures. Therefore, this addendum has
appropriately disclosed the potential impacts from the currently proposed modifications
to the project and will be included as part of the CEQA record for the Existing Project.