[Federal Register Volume 66, Number 183 (Thursday, September 20, 2001)]
[Notices]
[Pages 48428-48430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23409]


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CONSUMER PRODUCT SAFETY COMMISSION

[HP 01-3]

ENVIRONMENTAL PROTECTION AGENCY

[OPP-00741; FRL-6802-8]


Draft Sampling Protocols for Chromated Copper Arsenate (CCA) 
Pressure-Treated Playground Equipment and Related Soil; Notice of 
Availability

AGENCIES: Consumer Product Safety Commission (CPSC). Environmental 
Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of draft sampling and 
analysis protocols developed cooperatively by CPSC and EPA to collect 
and analyze dislodgeable residues of arsenic, chromium and copper from 
Chromated Copper Arsenate (CCA) pressure-treated playground equipment 
(dislodgeable residues protocol) and soil residues of arsenic, chromium 
and copper in soils beneath/adjacent to CCA-treated playground 
equipment (soil residues protocol). The studies to be conducted using 
these protocols will assist both Agencies in assessing exposure that 
can be expected for children playing on/around CCA-treated playground 
equipment. By providing notice and opportunity for comment on the 
protocols, the Agencies are seeking to strengthen stakeholder 
involvement and help ensure that their decisions are transparent and 
based on the best available information.

DATES: Comments must be received on or before October 22, 2001.

ADDRESSES: Comments may be submitted by mail, electronically, or by 
hand delivery. Please follow the detailed instructions provided in Unit 
I of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:

1. Draft Dislodgeable Residues Protocol

    For further information on the draft dislodgeable residues protocol 
contact: Patricia Bittner, Directorate for Health Sciences, Consumer 
Product Safety Commission, Washington, DC 20207; telephone number: 
(301) 504-0477, ext. 1184; fax number (301) 504-0079; e-mail address: 
[email protected].

2. Draft Soil Residues Protocol

    For further information on the draft soil residues protocol 
contact: Norm Cook, Antimicrobials Division (7510C), Office of 
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: (703) 308-8253; fax 
number: (703)308-8481; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    This action is directed to the public in general. This action may, 
however, be of particular interest to: Wood treaters; manufactures of 
CCA; wholesalers, distributors, and retailers of CCA-treated lumber and 
products made with CCA-treated lumber; and consumers purchasing and 
using CCA-treated lumber or CCA-treated lumber products. The Agencies 
are obtaining expert scientific peer review of the draft sampling and 
analysis protocols through EPA's contractor, Versar, but would also 
like to afford the general public an opportunity to comment on the 
study design prior to initiation of the actual sampling and analyses. 
All comments (Versar and public) will be carefully considered and made 
available in both CPSC's and EPA's dockets. Since other entities may 
also be interested, the Agencies have not attempted to describe all 
specific entities that may be affected by this action. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult one of the persons listed under FOR FURTHER INFORMATION 
CONTACT.

B. How Can I Get Additional Information, Including Copies of the Draft 
Protocols and Other Related Documents?

    1. Electronically. You may obtain electronic copies of the draft 
protocols, and certain other related information that might be 
available electronically, from the CPSC Internet Home Page at http://www.cpsc.gov. To access these documents and information on the CPSC 
Home page, select ``Library (FOIA),'' ``Electronic Reading Room--
Freedom of Information Act Information,'' ``2001 FOIA Information,'' 
and ``Commission Briefing Packages.'' Then scroll down to the materials 
designated with the name of this notice.
    You may also access the draft protocols and related information 
from the EPA Internet Home Page at http://www.epa.gov/. To do so on the 
EPA Home Page, select ``Laws and Regulations,'' ``Regulations and 
Proposed Rules,'' and then look up the entry for this document under 
the ``Federal Register--Environmental Documents.'' You can also go 
directly to the Federal Register listings at http://www.epa.gov/fedrgstr/.

[[Page 48429]]

    2. In person. Copies of the draft protocols and related information 
may be obtained from the CPSC Office of the Secretary, Room 502, 4330 
East-West Highway, Bethesda, MD; telephone number: (301) 504-0127; e-
mail address: [email protected].
    Copies of the draft protocols and related information may also be 
obtained from EPA. EPA has established an official record for this 
action under docket control number OPP-00741. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of the official record does not include any information 
claimed as CBI. The public version of the official record, which 
includes printed, paper versions of any electronic comments submitted 
during an applicable comment period, is available for inspection in the 
Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
PIRIB telephone number is (703) 305-5805.

C. To Whom and How Do I Submit Comments?

1. Comments to CPSC on Draft Dislodgeable Residues Protocol
    a. General. Comments on the draft dislodgeable residues protocol 
should be submitted to the Office of the Secretary, Consumer Product 
Safety Commission, Washington, DC 20207-0001, or delivered to the 
Office of the Secretary, Consumer Product Safety Commission, Room 502, 
4330 East-West Highway, Bethesda, MD 20814, telephone number: (301) 
504-0800. Comments on the draft dislodgeable residues protocol also may 
be filed by facsimile to (301) 504-0127 or by e-mail to [email protected]. Comments on the draft dislodgeable residues protocol 
should be captioned ``Notice of Availability of Draft Dislodgeable 
Residues Protocol.''
    b. How should I Handle CBI that I Want to Submit to CPSC? Any 
person responding to the CPSC who believes that any information 
submitted is CBI (i.e., trade secret or proprietary) should 
specifically identify the exact portions of the document claimed to be 
confidential. The Commission's staff will receive and handle such 
information confidentially and in accordance with section 6(a) of the 
Consumer Product Safety Act (CPSA), 15 U.S.C. 2055(a). Such information 
will not be placed in the public docket for the rulemaking and will not 
be made available to the public simply upon request. If the Commission 
receives a request for disclosure of the information or concludes that 
its disclosure is necessary to discharge the Commission's 
responsibilities, the Commission will inform the person who submitted 
the information and provide that person with an opportunity to present 
additional information and views concerning the confidential nature of 
the information. 16 CFR 1015.18(b).
    The Commission's staff will then make a determination as to whether 
the information is a trade secret or proprietary information that 
cannot be released. That determination will be made in accordance with 
applicable provisions of the CPSA; the Freedom of Information Act 
(FOIA), 5 U.S.C. 552b; 18 U.S.C. 1905; the Commission's procedural 
regulations at 16 CFR part 1015 governing protection and disclosure of 
information under provisions of FOIA; and relevant judicial 
interpretations. If the Commission concludes that any part of the 
information that has been submitted with a claim that the information 
is a trade secret or proprietary is disclosable, it will notify the 
person submitting the material in writing and provide at least 10 
calendar days from the receipt of the letter to allow for that person 
to seek judicial relief. 15 U.S.C. 2055(a)(5) and (6); 16 CFR 
1015.19(b).
    2. Comments to EPA on Draft Soil Residues Protocol. Comments on the 
draft soil residues protocol should be submitted to EPA. To ensure 
proper receipt by EPA of comments, it is imperative that you identify 
docket control number OPP-00741 in the subject line on the first page 
of your response.
    a. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    b. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    c. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described in this unit. Do not submit any information electronically 
that you consider to be CBI. Avoid the use of special characters and 
any form of encryption. Electronic submissions will be accepted in 
WordPerfect 6.1/8.0 or ASCII file format. All comments in electronic 
form must be identified by docket control number OPP-00741. Electronic 
comments may also be filed online at many Federal Depository Libraries.
    d. How Should I Handle CBI that I Want to Submit to EPA? Do not 
submit any information electronically that you consider to be CBI. You 
may claim information that you submit to EPA in response to this 
document as CBI by marking any part or all of that information as CBI. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

D. What Should I Consider as I Prepare My Comments?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the rule or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by the Agency, be sure to properly 
identify the

[[Page 48430]]

comments in the subject line on the first page of your response. You 
may also provide the name, date, and Federal Register citation.

II. What Actions Are the Agencies Taking?

A. CPSC

    The CPSC received a petition from the Environmental Working Group 
(EWG) and the Healthy Building Network (HBN) requesting a ban on the 
use of CCA treated wood in playground equipment. The petitioners assert 
that a ban is necessary because ``[r]ecent research has shown that 
arsenic is more carcinogenic than previously recognized, that arsenic 
is present at significant concentrations on CCA-treated wood and in 
underlying soil, that the health risks posed by this wood are greater 
than previously recognized, and that past risk assessments were 
incomplete.''
    The Commission docketed the request for a ban as a petition under 
provisions of the Federal Hazardous Substances Act (FHSA), 15 U.S.C. 
1261-1278. The EWG/HBN submission also requested that the Commission 
review the safety of CCA-treated wood for general use. That request was 
not docketed as part of the petition because it would not require 
rulemaking. The request for a review is being considered separately by 
the CPSC's Office of Hazard Identification and Reduction. The 
Commission published notice of docketing of the EWG/HBN petition in the 
Federal Register of July 13, 2001 (66 FR 36756). The public comment 
period on that notice closed on September 11, 2001.
    As part of its response to the EWG/HBN petition, the CPSC, in 
cooperation with EPA, has developed the draft dislodgeable residues 
protocol that is the subject of this notice. CPSC will use the results 
of the study to be conducted under the protocol in its further 
evaluation of the potential exposure and any associated risks to 
children who come in contact with CCA-treated wood.

B. EPA

    As part of the reregistration process for heavy duty wood 
preservatives (including pentachlorophenol, creosote, and CCA) under 
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the 
EPA is evaluating the human and environmental risks of CCA. Since CCA-
treated wood can be used in both commercial and residential settings, 
EPA intends to evaluate all uses of CCA-treated wood. Because of 
specific concerns associated with use of CCA-treated wood in playground 
equipment, the Agency is presently evaluating available exposure and 
hazards data in order to determine the risks to children who come in 
contact with CCA-treated wood and CCA-contaminated soil.
    As part of the CCA-exposure evaluation, EPA, in cooperation with 
the CPSC, is developing a sampling regime that addresses potential soil 
residues of arsenic, chromium, and copper which may occur in soils 
below/adjacent to CCA-treated playground equipment. The draft protocol 
for that sampling regime is the subject of this notice.

List of Subjects

    Consumer protection, Environmental protection, Arsenic, Chromated 
copper arsenate, Chromium, Copper, Hazardous substances, Pesticides and 
pests, Playgrounds, Soil.

    Dated: September 13, 2001.
Todd A. Stevenson,
Acting Secretary, Office of the Secretary, Consumer Product Safety 
Commission.
    Dated: September 14, 2001.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs, 
Environmental Protection Agency.
[FR Doc. 01-23409 Filed 9-19-01; 8:45 am]
BILLING CODE 6355-01-P; 6560-P