Views at odds at CPSC public briefing on CCA-treated wood.

Angela Logomasini, representing the Competitive Enterprise Institute (CEI), recently summarized CPSC's March 17 public briefing (1) on a petition to ban CCA-treated wood in playground equipment. (2)

CPSC is considering a petition by the Environmental Working Group and the Healthy Building Network to ban CCA-treated wood in playground equipment. Petitioners allege that CCA-treated wood leaches arsenic and that children playing on equipment built of such wood are at higher risk for bladder and lung cancer.

The Environmental Protection Agency (EPA) has already said it plans to cancel the registrations (3) of companies who produce the wood products.

Logomasini observed that at the public briefing one of the Commissioners, Mary Sheila Gall, asked intelligent and penetrating questions, but otherwise it was apparent that the panel was not well informed about research in arsenic toxicity.

The primary scientific point, according to Logomasini, is that arsenic does not pose health risks on playground equipment at the levels anticipated by the CPSC.

CPSC's staff study alleges that children who play on CCA-treated playground equipment and then put their hands in their mouths could be exposed to arsenic that has leached from the wood. They would be subject to a minimal increase in lifetime risks of lung or bladder cancer as a result, according to CPSC staff.

Logomasini said she thought it was odd that those who supported the cancellation of the registrations by the EPA said it was "a market response to a dying product."

"Since when," Logomasini asked, "is a government ban a market response?"

There was also considerable discussion about the need for more expansive peer reviews of the CPSC study. While the Commission has done some peer reviewing, that data has not been released to the public. Chairman Stratton seemed to suggest he would get the data and peer review out to the public, Logomasini said.

She noted that if CPSC does not deny the petition for a ban, and instead allows its faulty staff study to stand, there will be adverse consequences.

"There would be costs to some small businesses," she said, "and public response might cause consumers and municipalities to tear down decks and other structures."

CPSC staff has promised to investigate the issues raised at the briefing and provide more information to the Commissioners. We await their report.

(1) See CPSC Monitor, February 2003, "CPSC Ponders Regulation of CCA-Treated Wood Playground Equipment," Vol. 8, Issue 2.

(2) CCA is Chromated Copper Arsenate, a chemical used to treat wood to resist insects and fungus.

(3) EPA grants approval to companies that manufacture the chemicals and treat the wood (called registrations.)