[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3629 Introduced in House (IH)]
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.
Nadler, Ms. Norton, Mrs. Jones of Ohio, Ms. DeLauro, and Mr. Hinchey)
introduced the following bill; which was referred to the Committee on
Energy 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 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.
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 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, 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 AGAINST USE OF ARSENIC-TREATED WOOD TO
MANUFACTURE CERTAIN PRODUCTS OR STRUCTURES.
``(a) In General.--Notwithstanding any other provision of law, not
later than 90 days after the date of the enactment of this section, the
Administrator shall promulgate regulations that prohibit--
``(1) the use of arsenic-treated wood to manufacture 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 residential
landscaping;
``(2) the use of arsenic-treated wood to manufacture mulch,
compost, or soil-amendment products;
``(3) the use of arsenic-treated wood to manufacture
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 Administrator 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 residential use or commercial use.
``(b) Definitions.--For purposes of this section:
``(1) Arsenic-treated wood.--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.
``(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 publish in the Federal Register an
assessment of the risks posed by the production, cutting,
milling, sanding, mulching, and use of CCA-treated wood.
(2) Methodology.--In conducting the risk assessment, the
Administrator shall follow the methodology recommended by the
Scientific Advisory Panels that were organized by the
Environmental Protection Agency and that met in October 2001.
(3) Definitions.--For purposes of this subsection:
(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 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) 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; AMENDMENT 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 following:
``(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 collection system and groundwater monitoring
system (or such other system as the Administrator determines is
appropriate to capture arsenic and prevent arsenic from contaminating
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 Administrator, in consultation with the
Consumer Product Safety Commission, 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 arsenic-treated wood and soil
surrounding arsenic-treated wood;
(2) making decisions relating to the containment and
removal of arsenic-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
arsenic-treated wood where children or pets may be exposed to
arsenic.
(b) Assistance for Schools.--
(1) In general.--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--
(A) removing playground and other equipment
containing arsenic-treated wood from grounds of the
school systems;
(B) applying sealant to arsenic-treated wood
structures; and
(C) conducting any necessary remediation relating
to use of arsenic-treated wood.
(2) Certain uses of grant.--The Administrator may authorize
a grant under paragraph (1) to be used for the purpose of
replacing playground equipment and related items that are
removed because the equipment or items contain arsenic-treated
wood. With respect to any portion of a grant under such
paragraph that is authorized to be used for such purpose, the
Administrator may require that the applicant involved make non-
Federal contributions toward the cost of replacing the
equipment or items.
(c) Definitions.--In this section:
(1) The term ``Administrator'' means the Administrator of
the Environmental Protection Agency.
(2) 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.
(3) 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).
(d) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated such sums as
may be necessary for fiscal year 2004 and each subsequent fiscal year.
SEC. 5. CONSUMER PRODUCT SAFETY COMMISSION; REPORT ON MITIGATION
MEASURES REGARDING CHILDREN AND ARSENIC-TREATED WOOD.
Not later than August 1, 2004, the Consumer Product Safety
Commission shall submit to the Congress a report on the status of the
efforts of the Commission to identify stains, sealants, or other
measures for reducing the exposure of children to arsenic from products
or structures that--
(1) are constructed in whole or part with arsenic-treated
wood, as defined in section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act, as added by section 2 of this
Act;
(2) may be used for or by children; and
(3) will remain in use after the effective date of the
prohibition established in regulations under such section 33.
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