I 
108TH CONGRESS 
1ST SESSION H. R. 3629
To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the 
Solid Waste Disposal Act to establish prohibitions and requirements 
relating to arsenic-treated wood, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2003
Ms. SCHAKOWSKY (for herself, Ms. SOLIS, Ms. CARSON of Indiana, Mr. NAD-
LER, Ms. NORTON, Mrs. JONES of Ohio, Ms. DELAURO, and Mr. HIN-
CHEY) introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on Agri-
culture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To 
amend 
the 
Federal 
Insecticide, 
Fungicide, 
and 
Rodenticide Act and the Solid Waste Disposal Act to 
establish prohibitions and requirements relating to ar-
senic-treated wood, 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 Wood 
Prohibition Act’’.
SEC. 2. PROHIBITION OF CERTAIN USES OF ARSENIC-
TREATED WOOD; AMENDMENT TO FEDERAL 
INSECTICIDE, FUNGICIDE, AND RODENTICIDE 
ACT. 
(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 AGAINST USE OF ARSENIC-TREAT-
ED WOOD TO MANUFACTURE CERTAIN PROD-
UCTS OR STRUCTURES. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, not later than 90 days after the date of the 
enactment of this section, the Administrator shall promul-
gate regulations that prohibit—
‘‘(1) the use of arsenic-treated wood to manu-
facture any product or structure that may be used 
for or by children, including—
‘‘(A) playground equipment, play houses, 
or other structures designed for frequent use 
specifically by children; 
‘‘(B) fences; 
‘‘(C) walkways; 
‘‘(D) decks;
‘‘(E) docks and boat houses; and 
‘‘(F) structures or products used in resi-
dential landscaping; 
‘‘(2) the use of arsenic-treated wood to manu-
facture mulch, compost, or soil-amendment products; 
‘‘(3) the use of arsenic-treated wood to manu-
facture railroad ties, marine pilings, or utility poles, 
except that this subsection does not apply to such a 
product or structure to the extent that the Adminis-
trator determines that the use of arsenic-treated 
wood in the product or structure is safe; and 
‘‘(4) such additional uses of arsenic-treated 
wood to manufacture products or structures as the 
Administrator determines to be appropriate, whether 
such products or structures are intended for residen-
tial use or commercial use. 
‘‘(b) DEFINITIONS.—For purposes of this section: 
‘‘(1) ARSENIC-TREATED WOOD.—The term ‘ar-
senic-treated wood’ means wood that is treated with 
a pesticide that is a chromated copper arsenical or 
is treated with any other arsenical pesticide. 
‘‘(2) MANUFACTURE.—The term ‘manufacture’, 
with respect to the use of arsenic-treated wood in 
products and structures described in subsection (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) RISK ASSESSMENT.—
(1) IN GENERAL.—Not later than March 15, 
2004, the Administrator, in consultation with the 
Consumer Products Safety Commission, shall pub-
lish in the Federal Register an assessment of the 
risks posed by the production, cutting, milling, sand-
ing, mulching, and use of CCA-treated wood. 
(2) METHODOLOGY.—In conducting the risk as-
sessment, the Administrator shall follow the method-
ology recommended by the Scientific Advisory Panels 
that were organized by the Environmental Protec-
tion Agency and that met in October 2001. 
(3) DEFINITIONS.—For purposes of this sub-
section:
(A) The term ‘‘Administrator’’ means the 
Administrator of the Environmental Protection 
Agency. 
(B) The term ‘‘CCA-treated wood’’ means 
wood that is treated with a pesticide that is a 
chromated copper arsenical.
(c) 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) In general. 
‘‘(b) Definitions. 
‘‘(1) Arsenic-treated wood. 
‘‘(2) Manufacture. 
‘‘Sec. 34. Severability. 
‘‘Sec. 35. Authorization for appropriations.’’.
SEC. 3. DISPOSAL OF ARSENIC-TREATED WOOD; AMEND-
MENT TO SOLID WASTE DISPOSAL ACT. 
Section 3001(e) of the Solid Waste Disposal Act (42 
U.S.C. 6921(e)) is amended by adding at the end the fol-
lowing: 
‘‘(3)(A) Discarded arsenic-treated wood and sawdust 
from such wood shall be deemed, for purposes of this Act, 
to be a listed hazardous waste under subsection (b)(1) and 
shall be disposed of in a lined landfill with a leachate col-
lection system and groundwater monitoring system (or 
such other system as the Administrator determines is ap-
propriate to capture arsenic and prevent arsenic from con-
taminating groundwater). 
‘‘(B) As used in subparagraph (A):
‘‘(i) The term ‘arsenic-treated wood’ means 
wood that is treated with a pesticide that is a 
chromated copper arsenical or is treated with any 
other arsenical pesticide. 
‘‘(ii) The term ‘pesticide’ has the meaning given 
such term in section 2 of the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136).’’. 
SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL 
GOVERNMENTS, AND SCHOOL SYSTEMS. 
(a) EDUCATIONAL PROGRAM.—Not later than 180 
days after the date of the enactment of this Act, the Ad-
ministrator, in consultation with the Consumer Product 
Safety Commission, shall develop and conduct an edu-
cational program to assist consumers, State and local gov-
ernments, school systems, and other institutions in—
(1) testing arsenic levels in arsenic-treated 
wood and soil surrounding arsenic-treated wood; 
(2) making decisions relating to the contain-
ment and removal of arsenic-treated wood from 
homes, playgrounds, schools, and other facilities de-
signed primarily for use by children; and 
(3) providing guidance regarding the decon-
tamination of soils, mulches, and other media under 
structures made of arsenic-treated wood where chil-
dren or pets may be exposed to arsenic.