[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
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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