Draft Sampling Protocols for Chromated Copper Arsenate (CCA)
Pressure-Treated Playground Equipment and Related Soil; Notice of
Availability
[Federal Register: September 20, 2001 (Volume 66, Number 183)]
[Notices]
[Page 48428-48430]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se01-46]
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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:
pbittner@cpsc.gov.
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: cook.norm@epa.gov.
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: cpsc-os@cpsc.gov.
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 cpsc-
os@cpsc.gov. 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: opp-docket@epa.gov, 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
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