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Petition HP 01-3 Requesting a Ban of Chromated Copper Arsenate (CCA)-Treated Wood in Playground Equipment

 
[Federal Register: February 14, 2003 (Volume 68, Number 31)]
[Notices]
[Page 7510-7511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14fe03-56]

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CONSUMER PRODUCT SAFETY COMMISSION
 
Petition HP 01-3 Requesting a Ban of Chromated Copper Arsenate 
(CCA)-Treated Wood in Playground Equipment

AGENCY: Consumer Product Safety Commission.
ACTION: Notice of public meeting.

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SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) 
will conduct a public meeting on March 17, 2003 to receive comments on 
the CPCS staff briefing package on petition HP 01-3 requesting a ban of 
chromated copper arsenate (CCA)-treated wood in playground equipment. 
The CPSE staff will also brief the Commission on the package on that 
date.
    The focus of the discussions will be the supporting information 
developed by CPSC staff that is described in the February 7, 2003 
briefing package entitled Petition to Ban Chromated Copper Arsenate 
(CCA)-Treated Wood in Playground Equipment. The Commission invites oral 
presentations from individuals, associations, firms, and government 
agencies with information or comments related to the briefing package. 
The Commission will evaluate these presentations in its deliberations 
on petition HP 01-3.

DATES: The CPSC staff will brief the Commission on the issues at 10 
a.m. on March 17, 2003. Oral presentations by commenters will begin at 
2 p.m. on that date. In the event that time constraints require it, the 
meeting may continue to the next day. No oral presentations will be 
permitted by persons who do not submit both a request to testify and 
the text of the presentation by February 28, 2003. Requests to make 
oral presentations, and 10 copies of the text of the presentation, must 
be received by the CPSC Office of the Secretary no later than February 
28, 2003. Persons making presentations at the meeting should provide an 
additional 50 copies for dissemination on the date of the meeting.
    Presentation texts should identify the author's affiliation with, 
or employment or sponsorship by, any entity with an interest in the 
petitioner's request that the Commission ban use of CCA-treated wood in 
playground equipment. The Commission reserves the right to limit the 
number of persons who make presentations and the duration of their 
presentations. To prevent similar presentations, groups will be 
directed to designate a spokesperson.
    Written submissions, in addition to, or instead of, an oral 
presentation may be sent to the address listed below and will be 
accepted until March 28, 2003.

ADDRESSES: The meeting will be in room 420 of the East-West Towers 
Building, 4330 East-West Highway, Bethesda, MD. Requests to make oral 
presentations, and texts of oral presentations should be captioned ACCA 
Ban Petition, Petition HP 01-3@ and be mailed to the Office of the 
Secretary, Consumer Product Safety Commission, Washington, DC 20207, or 
delivered to that office, room 502, 4330 East-West Highway, Bethesda, 
Maryland 20814. Requests and texts of oral presentations may also be 
submitted by facsimile to (301) 504-0127 or by e-mail to spsc-
os@cpsc.gov.

FOR FURTHER INFORMATION CONTACT: For information about the purpose or 
subject matter of this meeting contact Patricia M. Bittner, M.S., 
Project Manager, Directorate for Health Sciences, U.S. Consumer Product 
Safety Commission, Washington, DC 20207; telephone (301) 504-7263; e-
mail: pbittner@cpsc.gov. For information about the schedule for 
submission of requests to make oral presentations and submission of 
texts of oral presentations, contact Rockelle Hammond, Office of the 
Secretary, Consumer Product Safety Commission, Washington, DC 20207; 
telephone (301) 504-6833; fax (301) 504-0127; e-mail rhammond@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    By a submission dated May 22, 2001, the Environmental Working Group 
(EWG) and the Healthy Building Network (HBN) requested that the 
Commission enact a ban on use of chromated copper arsenate (CCA)-
treated wood in playground equipment.\1\ The submitters asserted 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.'' On June 20, 2001, that request was docketed as petition 
HP 01-3 under the Federal Hazardous Substances Act (FHSA), 15 U.S.C. 
1261-1278.
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    \1\ The submission also contained a request that the commission 
review the safety of CCA-treated wood for general use. Such a review 
would not require rulemaking to implement. Therefore, that request 
was not docketed as a petition for rulemaking.
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    The Commission solicited public comment on the petition by Federal 
Register notice of July 13, 2001. 66 FR 36756. Twenty-eight comments 
were received by the close of the comment period on September 11, 2001. 
The staff also held a public meeting on August 6, 2001 with members of 
the American Chemistry Council (representing CCA chemical 
manufacturers) and the American Wood Preservers Institute. On October 
3, 2001, the staff conducted a public meeting with representatives of 
the petitioners. The comments from the

[[Page 7511]]

wood industry, environmental groups, trade associations, consumers, and 
state and local governments discussed toxicity issues, health risks 
from exposure to CCA-treated wood, CCA-treated wood as a possible 
hazardous substance under the FHSA, the levels of dislodgeable arsenic 
present on the wood, the bioavailability of arsenic, exposure to 
arsenic in soil and groundcover, disposal issues, and whether the type 
of wood influences arsenic leaching.
    The staff has completed its analysis of the petition and the 
comments received and has forwarded a briefing package to the 
Commission.The staff recommends that the Commission defer further 
action on the petition pending final action by the United States 
Environmental Protection Agency (EPA) on the request by the registrants 
of the CCA pesticide to cancel registrations for most, if not all, uses 
that involve treating wood for consumer uses, including for use in 
playground equipment.

B. The Public Meeting

    The purpose of the public meeting is to provide a forum for oral 
presentations on the CPSC staff briefing package on petition HP 01-3 
and the materials that are described in the staff briefing package.
    Participation in the meeting is open. See the DATES section of this 
notice for information on making requests to give oral presentations at 
the meeting and on making written submissions.

    Dated: February 11, 2003.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 03-3824 Filed 2-13-03; 8:45 am]
BILLING CODE 6355-01-M

 
 

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