EPA Administrator Whitman asked by Beyond Pesticides to
Immediately Suspend Registration of Wood Preservatives

Calls on Governors to Initiate Phase-out

Press Release 19apr01

Beyond Pesticides/National Coalition Against the Misuse of Pesticides
701 E Street, SE, Washington, DC 20003
202-543-5450 (voice) - 202-543-4791 (fax)
info@beyondpesticides.org
www.beyondpesticides.org
For Immediate Release April 19, 2001
Contact: Jay Feldman or Greg Kidd
202-543-5450

Washington, D.C. - Recent findings in Florida regarding contamination associated with the use of wood preservatives in playground equipment, leading to park closures, confirm the need for EPA to take immediate action to stop the use of wood preserving pesticides that result in the poisoning of children all across our country. Beyond Pesticides today urged the Administrator of the Environmental Protection Agency (EPA) to immediately begin action to cancel the registrations of pesticides used for wood preservation, namely chromated copper arsenate (CCA), pentachlorophenol (penta), and creosote. In addition, the group has sent a letter to the Governors of each state, asking them to initiate the phase-out of treated wood products on state lands.

"Given the extreme risks that are linked to exposure to these wood preserving pesticides, it is urgent that EPA act to protect public health," said Jay Feldman, Executive Director of Beyond Pesticides. "Meanwhile, we are urging the Governors of each state to take action leading to a phase-out of treated wood products, which can be replaced by alternative technologies."

"The fact is that there are currently available alternatives for most applications of chemically treated wood, making CCA, penta and creosote obsolete," says Greg Kidd, Science and Legal Policy Director with Beyond Pesticides. The alternative technologies include recycled steel, composite plastics and concrete for utility poles, construction lumber and railroad ties. "All of the alternatives are economically viable, last longer than treated wood, do not require costly retreatment and do not leach toxic wood preservatives into the environment," points out Mr. Kidd.

Penta, CCA and creosote have been tied to a large number of health problems including cancer, birth defects, kidney and liver damage and death. Penta, classified as a probable carcinogen in its own right, is contaminated with dioxins and furans. The National Institutes of Health recently classified dioxin as a known human carcinogen. Both arsenic and chromium (VI) are known carcinogens. Creosote is actually a toxic soup containing dioxins and various polycyclic hydrocarbons. All of the wood preservatives have been shown to leach out of treated wood.

April 19, 2001

Christine T. Whitman
Administrator
Environmental Protection Agency
1101A Ariel Rios Building
1200 Pennsylvania Avenue
N. W. Washington, DC 20460

Dear Administrator Whitman:

Recent findings in Florida regarding contamination associated with the use of wood preservatives in playground equipment confirm the need for EPA to take immediate action to stop the use of wood preserving pesticides that result in the poisoning of children all across our country. EPA has long known of the dangers of wood preserving chemicals, but has failed to act on data the agency has available to it on arsenic, chromium, copper, dioxin, furan, hexachlorobenzene, pentachlorophenol and creosote residues associated with pressure treated wood. EPA's current review, which has dragged on since 1998 and is expected to continue through 2003, is unacceptable in meeting the urgent need to protect children from daily exposure to known human carcinogens, endocrine disruptors and highly neurotoxic chemicals. Therefore, we ask you to immediately begin action to cancel the registrations of pesticide products used for wood preservation containing chromated copper arsenic, pentachlorophenol, and creosote, pursuant to Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. Section 136d. We ask that you immediately suspend, on an emergency basis, the registrations of these pesticides and at the same time issue a Notice of Intent to Cancel the registration of these pesticides. All pesticide products containing CCA, penta and creosote cause unreasonable adverse effects on the environment, and an emergency exists that does not permit a hearing prior to suspension.

As you know, because of the serious public health and environmental threat posed by arsenic leaching out of playground equipment constructed from pressure treated wood, as well as surface residues, the state of Florida closed several parks to protect children. Governor Jeb Bush has ordered a state owned wood preserving facility to stop using CCA. Other data available to the agency show similar leaching and residue problems associated with pentachlorophenol and creosote.

There are a number of principal users of chemically treated wood products, including utility companies, construction companies and the railroad owners. Action is needed on an emergency basis to stop the environmental contamination associated with the use of the wood preservatives. Mitigation techniques, such as consumer information sheets, are inadequate in preventing hazardous exposure to residues associated with chemical migration out of treated wood, soil and water contamination, volatilization into the atmosphere, and surface residue on the treated wood.

EPA's own data show penta leaches out of wood, contaminating soil around utility poles. Adding to the body of evidence, the Florida Center for Solid and Hazardous Waste Management has found elevated levels of arsenic in the soil around decks and boardwalks. Florida Parks officials measured high levels of arsenic in soil around playground equipment. The state of Florida hired Professor Steve Roberts, a toxicologist with the University of Florida, who recently determined that children could get enough arsenic on their hands from touching treated wood playgrounds and decks to pose a health risk. The wood preserving industry has now admitted that its safety proclamations regarding children's exposure to surface residues on treated CCA playground equipment were based miscalculations, resulting in a 1000-fold underestimation of the real risk. In addition, we are aware of two recent class-action lawsuits, one in Florida and the second in Texas, that have been filed on behalf of people injured by exposure to the chemicals in CCA treated wood.

I have enclosed copies of two of our reports that address the risks of exposure to wood preservatives. The first report, Poison Poles, examines the toxic trail of the wood preservatives from cradle to grave. The second report, Pole Pollution, focuses on information gleaned from EPA's science chapter on penta, as well as the results of our survey of utility companies. EPA calculated that children exposed to soil contaminated with penta leaching out of utility poles face a risk of cancer that is 220 times higher than the agency's acceptable level. Workers who paint penta on to poles in the field face a 100% risk of cancer. Our survey of utility companies reveals that they dispose of poles by either giving them away to the public or throwing them into unlined dumps. Both practices guarantee the exposure of people to harmful chemicals.

The practice of allowing utility companies and other users of treated wood to dispose of their waste in unlined dumps may very well come back to haunt the communities that are responsible for those landfills. Many of our country's Superfund toxic clean-up sites are contaminated with wood preserving chemicals. The Agency for Toxic Substances and Disease Registry (ATSDR) reports that there are at least 1623 Superfund sites contaminated with arsenic, 170 sites contaminated with chromium (VI), 412 sites contaminated with penta, and 53 sites contaminated with creosote. The Florida Department of Environmental Protection (DEP) recently met with EPA officials, asking them to reconsider the regulation that exempts CCA treated wood waste from hazardous waste designation. Florida DEP clearly recognizes the importance of disposing of CCA wood waste in lined, hazardous waste dumps.

I have also enclosed a copy of a Video News Release (VNR) that addresses the environmental contamination caused by wood treatment plants and the Superfund sites that the industry leaves behind.

The solution to the problem of environmental contamination with wood preservatives is simple thanks to the availability of alternative technologies. At this time, most applications for treated wood can be replaced with one or more alternatives. There are recycled steel, concrete and composite utility poles. Lumber can be replaced with either steel or plastics. Marine piles can be replaced with composite poles. Railroad ties are now made of composite materials. These are all economically feasible alternatives, making the risks from exposure to wood preserving chemicals wholly unnecessary.

We urge you to act swiftly on this matter to protect children.

Sincerely,
Jay Feldman Executive Director

Enclosures (4)