2000 
[DOCID: f:s1963is.txt]






107th CONGRESS
  2d Session
                                S. 1963

To prohibit the use of arsenic-treated lumber to manufacture playground 
 equipment, children's products, fences, walkways, and decks, and for 
        all other residential purposes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2002

  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 prohibit the use of arsenic-treated lumber to manufacture playground 
 equipment, children's products, fences, walkways, and decks, and for 
        all other residential purposes, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    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 
Lumber 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 lumber.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) CCA lumber.--The term `CCA lumber' 
                        means lumber that is treated with any pesticide 
                        that is a chromated copper arsenical.
                            ``(ii) 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 lumber.--
                            ``(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), discarded CCA 
                        lumber shall be disposed of in a lined landfill 
                        with a leachate system and groundwater 
                        monitoring system.
                            ``(ii) Risk assessment.--
                                    ``(I) In general.--Not later than 
                                June 15, 2002, 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 and use 
                                of CCA lumber.
                                    ``(II) Methodology.--In conducting 
                                the risk assessment, the Administrator 
                                shall follow the methodology 
                                recommended by the Scientific Advisory 
                                Board.
                    ``(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 gradual 
                                cessation of production of CCA lumber 
                                by not later than the date that is 1 
                                year after the date of enactment of 
                                this paragraph; and
                                    ``(II) prohibit the production of 
                                CCA lumber on and after that date.
                            ``(ii) Exemptions.--Clause (i) shall not 
                        apply to the production of CCA lumber used 
                        for--
                                    ``(I) railroad ties; or
                                    ``(II) piers.''.

SEC. 3. ASSISTANCE TO CONSUMERS, MUNICIPALITIES, AND SCHOOL SYSTEMS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) CCA lumber.--The term ``CCA lumber'' means lumber 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, municipalities, school 
systems, and other institutions in--
            (1) testing arsenic levels in CCA lumber and soil 
        surrounding CCA lumber; and
            (2) making decisions relating to the containment and 
        removal of CCA lumber from homes, playgrounds, schools, and 
        other facilities designed primarily for use by children.
    (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 removing playground and other equipment 
containing CCA lumber from grounds of the school systems and conducting 
any necessary remediation.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 4. 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 lumber.--The term `CCA lumber' means lumber that 
        is treated with any pesticide that is a chromated copper 
        arsenical.
            ``(2) Manufacture.--The `manufacture', with respect to CCA 
        lumber and items described in subsection (b)(2)(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) Prohibition.--Notwithstanding any other provision of law, not 
later than 90 days after the date of enactment of this subsection, the 
Administrator shall promulgate regulations that prohibit the use of CCA 
lumber--
            ``(1) in the manufacture, production, or use of any product 
        that may be used for or by children, including--
                    ``(A) playground equipment;
                    ``(B) fences;
                    ``(C) walkways;
                    ``(D) decks; and
                    ``(E) any other similar product, as determined by 
                the Administrator; and
            ``(2) for any residential 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 
             
245
               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 lumber.
            ``(2) Manufacture.
        ``(b) Prohibition.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
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