[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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