text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Arsenic-Treated Wood Prohibition 
  Act''.
  
  SEC. 2. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED WOOD; AMENDMENT 
                TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT.
  
      (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 AGAINST USE OF ARSENIC-TREATED WOOD TO 
                MANUFACTURE CERTAIN PRODUCTS OR STRUCTURES.
  
      ``(a) In General.--Notwithstanding any other provision of law, not 
  later than 90 days after the date of the enactment of this section, the 
  Administrator shall promulgate regulations that prohibit--
              ``(1) the use of arsenic-treated wood to manufacture any 
          product or structure that may be used for or by children, 
          including--
                      ``(A) playground equipment, play houses, or other 
                  structures designed for frequent use specifically by 
                  children;
                      ``(B) fences;
                      ``(C) walkways;
                      ``(D) decks;
                      ``(E) docks and boat houses; and
                      ``(F) structures or products used in residential 
                  landscaping;
              ``(2) the use of arsenic-treated wood to manufacture mulch, 
          compost, or soil-amendment products;
              ``(3) the use of arsenic-treated wood to manufacture 
          railroad ties, marine pilings, or utility poles, except that 
          this subsection does not apply to such a product or structure 
          to the extent that the Administrator determines that the use of 
          arsenic-treated wood in the product or structure is safe; and
              ``(4) such additional uses of arsenic-treated wood to 
          manufacture products or structures as the Administrator 
          determines to be appropriate, whether such products or 
          structures are intended for residential use or commercial use.
      ``(b) Definitions.--For purposes of this section:
              ``(1) Arsenic-treated wood.--The term `arsenic-treated 
          wood' means wood that is treated with a pesticide that is a 
          chromated copper arsenical or is treated with any other 
          arsenical pesticide.
              ``(2) Manufacture.--The term `manufacture', with respect to 
          the use of arsenic-treated wood in products and structures 
          described in subsection (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) Risk Assessment.--
              (1) In general.--Not later than March 15, 2004, 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, cutting, 
          milling, sanding, mulching, and use of CCA-treated wood.
              (2) Methodology.--In conducting the risk assessment, the 
          Administrator shall follow the methodology recommended by the 
          Scientific Advisory Panels that were organized by the 
          Environmental Protection Agency and that met in October 2001.
              (3) Definitions.--For purposes of this subsection:
                      (A) The term ``Administrator'' means the 
                  Administrator of the Environmental Protection Agency.
                      (B) The term ``CCA-treated wood'' means wood that 
                  is treated with a pesticide that is a chromated copper 
                  arsenical.
      (c) 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 
                              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) In general.
          ``(b) Definitions.
              ``(1) Arsenic-treated wood.
              ``(2) Manufacture.
  ``Sec. 34. Severability.
  ``Sec. 35. Authorization for appropriations.''.
  
  SEC. 3. DISPOSAL OF ARSENIC-TREATED WOOD; AMENDMENT TO SOLID WASTE 
                DISPOSAL ACT.
  
      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)(A) Discarded arsenic-treated wood and sawdust from such wood 
  shall be deemed, for purposes of this Act, to be a listed hazardous 
  waste under subsection (b)(1) and shall be disposed of in a lined 
  landfill with a leachate collection system and groundwater monitoring 
  system (or such other system as the Administrator determines is 
  appropriate to capture arsenic and prevent arsenic from contaminating 
  groundwater).
      ``(B) As used in subparagraph (A):
              ``(i) The term `arsenic-treated wood' means wood that is 
          treated with a pesticide that is a chromated copper arsenical 
          or is treated with any other arsenical pesticide.
              ``(ii) The term `pesticide' has the meaning given such term 
          in section 2 of the Federal Insecticide, Fungicide, and 
          Rodenticide Act (7 U.S.C. 136).''.
  
  SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND 
                SCHOOL SYSTEMS.
  
      (a) Educational Program.--Not later than 180 days after the date of 
  the enactment of this Act, the Administrator, in consultation with the 
  Consumer Product Safety Commission, shall develop and conduct an 
  educational program to assist consumers, State and local governments, 
  school systems, and other institutions in--
              (1) testing arsenic levels in arsenic-treated wood and soil 
          surrounding arsenic-treated wood;
              (2) making decisions relating to the containment and 
          removal of arsenic-treated wood from homes, playgrounds, 
          schools, and other facilities designed primarily for use by 
          children; and
              (3) providing guidance regarding the decontamination of 
          soils, mulches, and other media under structures made of 
          arsenic-treated wood where children or pets may be exposed to 
          arsenic.
      (b) Assistance for Schools.--
              (1) In general.--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--
                      (A) removing playground and other equipment 
                  containing arsenic-treated wood from grounds of the 
                  school systems;
                      (B) applying sealant to arsenic-treated wood 
                  structures; and
                      (C) conducting any necessary remediation relating 
                  to use of arsenic-treated wood.
              (2) Certain uses of grant.--The Administrator may authorize 
          a grant under paragraph (1) to be used for the purpose of 
          replacing playground equipment and related items that are 
          removed because the equipment or items contain arsenic-treated 
          wood. With respect to any portion of a grant under such 
          paragraph that is authorized to be used for such purpose, the 
          Administrator may require that the applicant involved make non-
          Federal contributions toward the cost of replacing the 
          equipment or items.
      (c) Definitions.--In this section:
              (1) The term ``Administrator'' means the Administrator of 
          the Environmental Protection Agency.
              (2) The term ``arsenic-treated wood'' means wood that is 
          treated with a pesticide that is a chromated copper arsenical 
          or is treated with any other arsenical pesticide.
              (3) The term ``pesticide'' has the meaning given such term 
          in section 2 of the Federal Insecticide, Fungicide, and 
          Rodenticide Act (7 U.S.C. 136).
      (d) Authorization of Appropriations.--For the purpose of carrying 
  out this section, there are authorized to be appropriated such sums as 
  may be necessary for fiscal year 2004 and each subsequent fiscal year.
  
  SEC. 5. CONSUMER PRODUCT SAFETY COMMISSION; REPORT ON MITIGATION 
                MEASURES REGARDING CHILDREN AND ARSENIC-TREATED WOOD.
  
      Not later than August 1, 2004, the Consumer Product Safety 
  Commission shall submit to the Congress a report on the status of the 
  efforts of the Commission to identify stains, sealants, or other 
  measures for reducing the exposure of children to arsenic from products 
  or structures that--
              (1) are constructed in whole or part with arsenic-treated 
          wood, as defined in section 33 of the Federal Insecticide, 
          Fungicide, and Rodenticide Act, as added by section 2 of this 
          Act;
              (2) may be used for or by children; and
              (3) will remain in use after the effective date of the 
          prohibition established in regulations under such section 33.
target: Arsenic-Treated Wood Prohibition Act - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to require the Administrator of the Environmental Protection Agency to promulgate regulations prohibiting the use of arsenic-treated wood (wood treated with a pesticide that is a chromated copper arsenical or another arsenical pesticide) in the manufacture of any product that may be used for or by children or for mulch, compost, a soil amendment, certain other construction and utility uses, and additional uses as determined to be appropriate.
  
  Requires the Administrator to conduct an assessment of the risks posed by the production, processing, and use of CCA-treated wood (wood treated with a pesticide that is a chromated copper arsenical).
  
   Amends the Solid Waste Disposal Act to: (1) list arsenic-treated wood as a hazardous waste; and (2) require disposal of discarded arsenic-treated wood in a lined landfill with a leachate system and groundwater monitoring system.
  
  Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning arsenic-treated wood containment, removal, and decontamination; and (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing arsenic-treated wood and remediation activities.
  
   Requires the Consumer Product Safety Commission to report to Congress on its efforts to identify measures (including stains and sealants) for reducing children's exposure to arsenic from products or structures constructed with arsenic-treated wood that will remain in use after the prohibition established by this Act.
feat_title: To amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to establish prohibitions and requirements relating to arsenic-treated wood, and for other purposes.