[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 337 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 337

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           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

_______________________________________________________________________

                                 A BILL


 
 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.
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