To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to prohibit the use of arsenic-treated lumber as mulch, compost, or a soil amendment, and to prohibit the manufacture of arsenic-treated wood for use as playground equipment for children, fences, walkways, or decks or for other residential or occupational purposes, and for other purposes.

February 10, 2003

Mr. NELSON of Florida introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to prohibit the use of arsenic-treated lumber as mulch, compost, or a soil amendment, and to prohibit the manufacture of arsenic-treated wood for use as playground equipment for children, fences, walkways, or decks or for other residential or occupational purposes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Arsenic-Treated Residential-Use Wood Prohibition Act'.

SEC. 2. HAZARDOUS WASTE CLASSIFICATION.

Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e)) is amended by adding at the end the following:

`(3) CCA-TREATED WOOD-

`(A) DEFINITIONS- In this paragraph:

`(i) ARSENIC-TREATED WOOD- The term `arsenic-treated wood' means wood treated with an arsenical pesticide.

`(ii) CCA-TREATED WOOD- The term `CCA-treated wood' means wood that is treated with any pesticide that is an inorganic arsenical or chromated copper arsenical.

`(iii) 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) REGULATION OF CCA-TREATED WOOD-

`(i) IN GENERAL- Notwithstanding section 261.4(b)(9) of title 40, Code of Federal Regulations (as in effect on the date of enactment of this paragraph), or any similar successor regulation, discarded CCA-treated wood, other arsenical-treated wood, and CCA-treated sawdust shall be disposed of in a lined landfill with a leachate system and groundwater monitoring system (or such other system as the Administrator determines is appropriate to capture arsenic and prevent arsenic from contaminating groundwater).

`(ii) RISK ASSESSMENT-

`(I) IN GENERAL- Not later than March 15, 2003, the Administrator, in consultation with the Consumer Products Safety Commission, shall publish in the Federal Register an assessment of the risks posed by the production, cutting, milling, sanding, mulching, and use of CCA-treated wood.

`(II) METHODOLOGY- In conducting the risk assessment, the Administrator shall follow the methodology recommended by the Scientific Advisory Panels which were organized by the United States Environmental Protection Agency and which met in October 2001.

`(C) PROHIBITION OF PRODUCTION-

`(i) IN GENERAL- As soon as practicable after the date of enactment of this paragraph, the Administrator shall promulgate regulations that--

`(I) provide for the cessation of production of CCA-treated wood not later than 60 days after the date of enactment of this paragraph; and

`(II) prohibit the production of CCA-treated wood on and after that date.

`(ii) EXEMPTIONS- If the Administrator publishes in the Federal Register a notice that the uses of CCA-treated wood identified in subclauses (I), (II), and (III) are safe, as of the date of publication of that notice, clause (i) shall not apply to the production of CCA-treated wood used for--

`(I) railroad ties;

`(II) marine pilings; or

`(III) utility poles.'.

SEC. 3. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER.

(a) IN GENERAL- The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended--

(1) by redesignating sections 33 and 34 as sections 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-TREATED WOOD- The term `CCA-treated wood' means wood that is treated with any pesticide that is a chromated copper arsenical.

`(2) MANUFACTURE- The term `manufacture', with respect to CCA-treated wood and items described in subsection (b)(1), 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 provision of law, except as provided in paragraph (3)(C)(ii) of section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e)), not later than 90 days after the date of enactment of this subsection, the Administrator shall promulgate regulations that prohibit the use of CCA-treated wood--

`(1) in the manufacture of any product 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) docks, including residential docks, residential landscaping and boat houses; and

`(E) any other similar product, as determined by the Administrator; and

`(2) for mulch, compost, a soil amendment, or any other residential or occupational purpose, as determined by the Administrator.'.

(b) CONFORMING AMENDMENT- The table of contents 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 inserting 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) Definitions.

`(1) CCA-treated wood.

`(2) Manufacture.

`(b) Prohibition.

`Sec. 34. Severability.

`Sec. 35. Authorization for appropriations.'.

SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND SCHOOL SYSTEMS.

(a) DEFINITIONS- In this section:

(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency.

(2) CCA-TREATED WOOD- The term `CCA-treated wood' means wood that is treated with any pesticide that is an inorganic arsenical or chromated copper arsenical.

(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 Administrator shall develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in--

(1) testing arsenic levels in CCA-treated wood and soil surrounding CCA-treated wood;

(2) making decisions relating to the containment and removal of CCA-treated wood from homes, playgrounds, schools, and other facilities designed primarily for use by children; and

(3) providing guidance regarding the decontamination of soils, mulches, and other media under structures made of CCA-treated wood where children or pets may be exposed to arsenic.

(c) ASSISTANCE FOR SCHOOLS- Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide grants and technical assistance to school systems to assist the school systems in--

(1) removing playground and other equipment containing CCA-treated wood from grounds of the school systems;

(2) applying sealant to CCA-treated wood structures; and

(3) conducting any necessary remediation relating to use of CCA-treated wood.

(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as are necessary to carry out this section.

END