I
107TH CONGRESS
2D SESSION
H. R. 4707
To prohibit the use of arsenic-treated lumber to manufacture playground
equipment, children’s products, fences, walkways, and decks, and for
all other residential purposes, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 9, 2002
Ms. SCHAKOWSKY (for herself, Mr. BONIOR, Mr. WAXMAN, Ms. CARSON of In-
diana, Mr. KUCINICH, Mr. QUINN, Ms. BROWN of Florida, Mr. SANDERS,
Mr. MCGOVERN, Mr. UDALL of Colorado, Mr. NADLER, Ms. DELAURO,
Mr. GEORGE MILLER of California, Ms. LEE, Mr. WEXLER, Mrs. DAVIS
of California, Mr. CUMMINGS, Ms. MCKINNEY, Mr. HALL of Ohio, Mr.
BRADY of Pennsylvania, Ms. NORTON, Ms. SOLIS, Mr. LIPINSKI, Mr.
DAVIS of Illinois, Ms. MCCARTHY of Missouri, and Ms. SLAUGHTER) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committee on Agriculture,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To prohibit the use of arsenic-treated lumber to manufacture
playground equipment, children’s products, fences, walk-
ways, and decks, and for all other residential purposes,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Arsenic-Treated Lum-
ber Prohibition and Disposal Act’’.
SEC. 2. PROHIBITION OF CERTAIN USES OF ARSENIC-
TREATED LUMBER.
(a) IN GENERAL.—The Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is
amended—
(1) by redesignating sections 33 and 34 as sec-
tions 34 and 35, respectively; and
(2) by inserting after section 32 the following:
‘‘SEC. 33. PROHIBITION OF CERTAIN USES OF ARSENIC-
TREATED LUMBER.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) CCA LUMBER.—The term ‘CCA lumber’
means lumber that is treated with any pesticide that
is a chromated copper arsenical.
‘‘(2) MANUFACTURE.—The term ‘manufacture’,
with respect to CCA lumber and items described in
subsection (b)(2)(A), includes—
‘‘(A) the creation of a product designed to
be assembled by a consumer; and
‘‘(B) the building of a product on behalf of
a consumer in accordance with specifications
given by the consumer.
‘‘(b) PROHIBITION.—Notwithstanding any other pro-
vision of law, not later than 90 days after the date of en-
actment of this subsection, the Administrator shall pro-
mulgate regulations that prohibit the use of CCA
lumber—
‘‘(1) in the manufacture, production, or use of
any product that may be used for or by children,
including—
‘‘(A) playground equipment;
‘‘(B) fences;
‘‘(C) walkways;
‘‘(D) decks; and
‘‘(E) any other similar product, as deter-
mined by the Administrator; and
‘‘(2) for any residential purpose, as determined
by the Administrator.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 1(b) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. prec. 121) is amended by
striking the items relating to sections 30 and 31 and in-
serting the following:
‘‘Sec. 30. Minimum requirements for training of maintenance applicators and
service technicians.
‘‘Sec. 31. Environmental Protection Agency minor use program.
‘‘Sec. 32. Department of Agriculture minor use program.
‘‘(a) In general.
‘‘(b)(1) Minor use pesticide data.
‘‘(2) Minor Use Pesticide Data Revolving Fund.
‘‘Sec. 33. Prohibition of certain uses of arsenic-treated lumber.
a lined landfill with a leachate system and
groundwater monitoring system.
‘‘(ii) RISK ASSESSMENT.—
‘‘(I) IN
GENERAL.—Not later
than June 15, 2002, the Adminis-
trator, in consultation with the Con-
sumer Products Safety Commission,
shall publish in the Federal Register
an assessment of the risks posed by
the production and use of CCA lum-
ber.
‘‘(II) METHODOLOGY.—In con-
ducting the risk assessment, the Ad-
ministrator shall follow the method-
ology recommended by the Scientific
Advisory Board.
‘‘(C) PROHIBITION OF PRODUCTION.—
‘‘(i) IN GENERAL.—As soon as prac-
ticable after the date of enactment of this
paragraph, the Administrator shall promul-
gate regulations that—
‘‘(I) provide for the gradual ces-
sation of production of CCA lumber
by not later than the date that is 1
year after the date of enactment of
this paragraph; and
‘‘(II) prohibit the production of
CCA lumber on and after that date.
‘‘(ii) EXEMPTIONS.—Clause (i) shall
not apply to the production of CCA lumber
used for—
‘‘(I) railroad ties; or
‘‘(II) piers.’’.
SEC. 4. ASSISTANCE TO CONSUMERS, MUNICIPALITIES,
AND SCHOOL SYSTEMS.
(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) CCA LUMBER.—The term ‘‘CCA lumber’’
means lumber that is treated with any pesticide that
is an inorganic arsenical or chromated copper arsen-
ical.
(3) PESTICIDE.—The term ‘‘pesticide’’ has the
meaning given the term in section 2 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136).
(b) EDUCATIONAL PROGRAM.—Not later than 180
days after the date of enactment of this Act, the Adminis-
trator shall develop and conduct an educational program
to assist consumers, municipalities, school systems, and
other institutions in—
(1) testing arsenic levels in CCA lumber and
soil surrounding CCA lumber; and
(2) making decisions relating to the contain-
ment and removal of CCA lumber from homes, play-
grounds, schools, and other facilities designed pri-
marily for use by children.
(c) ASSISTANCE FOR SCHOOLS.—Not later than 180
days after the date of enactment of this Act, the Adminis-
trator shall establish a pilot program to provide grants
and technical assistance to school systems to assist the
school systems in removing playground and other equip-
ment containing CCA lumber from grounds of the school
systems and conducting any necessary remediation.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.
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