[Congressional Record Volume 149, Number 172 (Sunday, November 23, 2003)]
[Extensions of Remarks]
[Pages E2449-E2450]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  ARSENIC-TREATED WOOD PROHIBITION ACT

                                 ______
                                 

                       HON. JANICE D. SCHAKOWSKY

                              of illinois

                    in the house of representatives

                       Friday, November 21, 2003

  Ms. SCHAKOWSKY. Mr. Speaker, I rise today to address the dangers 
posed to the public health by arsenic-treated wood. Most of

[[Page E2450]]

the lumber sold for outdoor use in our schools' playgrounds and in our 
own private backyard decks is pressure-treated and injected with toxins 
to preserve the wood and prevent insect infestation. The most common 
wood preservative and pesticide used is chromated copper arsenate 
(CCA), which is 22 percent pure arsenic. The inorganic arsenic used in 
CCA-treated wood is a known carcinogen and has been linked to skin, 
bladder, liver and lung cancers. The arsenic in CCA-treated wood has 
been shown to leach out, ending up in the soil in our back yards and 
playgrounds, rubbing off onto our clothing, and wiping off onto our 
hands.
  Today, I am re-introducing a bill to begin to remove this threat, the 
Arsenic-Treated Wood Prohibition Act. This bill will prohibit the use 
of CCA treated lumber once and for all. This legislation will protect 
children and families by mandating the phase out of arsenic in pressure 
treated lumber and will ensure that arsenic treated lumber is disposed 
of safely. Specifically, my bill will: phase-out the use of arsenic-
treated wood in residential settings; require the disposal of arsenic-
treated wood in lined landfills to prevent contamination of 
groundwater; require the Environmental Protection Agency (EPA) to 
finally complete its risk assessment regarding arsenic-treated wood; 
provide monetary assistance to schools and local communities to remove 
arsenic-treated wood from their playgrounds; and direct the Consumer 
Product Safety Commission (CPSC) to complete its mitigation studies to 
determine the effect of sealants in preventing exposure to residues of 
CCA on treated wood. This bill would save lives and protect our 
environment.
  Recent actions by the CPSC and preliminary findings released by the 
EPA make it even more important that we in Congress pass this 
legislation. Despite their own findings found that of every 1 million 
children exposed to the treated wood three times every week for five 
years, two to 100 of them might develop lung or bladder cancer later in 
life, the CPSC recently decided to deny a petition to ban the use of 
arsenic-treated wood in playground equipment and to recall existing 
playground structures using CCA-treated wood (HP-01-3). In their 
statements denying the petition, the CPSC Commissioners cited that a 
voluntary agreement between the EPA and CCA-treated wood manufacturer's 
to voluntarily phase-out the production of the product. The 
Commissioners reasoned that rulemaking on the subject would be both 
unnecessary and redundant. They further cited that the CPSC did not 
have the authority to initiate a recall before the risk assumptions 
made in the Commission's staff study could be verified.

  On November 13, a draft probabilistic exposure assessment released by 
the EPA confirmed the CPSC's earlier findings. The study concluded that 
the cancer risk for children who repeatedly come in contact with 
commonly found playground equipment and decks made of arsenic-treated 
wood is considerably greater than EPA officials indicated last year. 
The agency's preliminary findings show that 90 percent of children 
repeatedly exposed to arsenic-treated wood face a greater than one-in-1 
million risk of cancer. The risk associated with exposure to arsenic-
treated wood appears to be up to 100 times greater in the warmer 
climates of southern States than in the general population since 
children tend to spend more time playing outdoors. This risk passes the 
EPA's historic threshold of concern about the effects of toxic 
chemicals.
  In light of these facts, I believe that we must take immediate 
action. I believe that a voluntary phase-out of this potentially 
harmful product is not adequate. Initiating a ban on CCA-treated wood 
would greatly increase public awareness of the dangers that existing 
arsenic-treated wood presents. By failing to ban CCA-treated wood, we 
are ignoring the responsibility to protect and promote the best 
interests of consumers. I strongly believe that a legislative mandate 
permanently banning its use and providing for its safe removal is 
critical to ensuring the safety of children and their families.
  The effect of arsenic in our environment is undeniable: it kills. 
Arsenic-treated wood is a danger to the future health of America's 
families. I encourage my colleagues to join me in this very important 
effort to remove this threat.

                          ____________________