Nationwide Consumer Testing of Backyard Decks and Playsets Shows High Levels of Arsenic on Old Wood

WASHINGTON – Results from the largest–ever testing program for arsenic–treated wood, released today by the Environmental Working Group (EWG), show that the public remains at risk from high levels of arsenic leaching out of pressure–treated wood in older decks, playsets, and picnic tables.

Study findings reported in EWG’s “All Hands on Deck” indicate that the U.S. Environmental Protection Agency (EPA) was wrong in reassuring the public last February about the safety of existing backyard structures. When the Agency announced that the wood treatment industry had agreed to a voluntary “phase out” of the cancer–causing, arsenic–based pesticide used to pressure-treat the wood in playsets and backyard decks, EPA stated that it did “not believe there is any reason to remove or replace arsenic–treated structures.” [Emphasis added.] But new data show that consumers with old wood structures remain at risk from arsenic that easily wipes off the wood surface. Children who play on arsenic–treated playsets and decks are at particularly high risk.

Since last November, consumers across the country have tested 263 decks, playsets, and picnic tables, and the arsenic–contaminated soil beneath them, via an at–cost testing kit sold through EWG’s website, www.ewg.org. The samples were analyzed by the University of North Carolina – Asheville’s Environmental Quality Institute. The results of the consumer testing program show:

1. Older decks and playsets (seven to 15 years old) expose people to just as much arsenic on the wood surface as newer structures (less than one year old). The amount of arsenic that testers wiped off a small area of wood about the size of a four–year–old’s handprint (100 square centimeters) typically far exceeds what EPA allows in a glass of water under the Safe Drinking Water Act standard.

2. Arsenic in the soil from two of every five backyards or parks tested exceeds the U.S. EPA’s Superfund cleanup level of 20 parts per million (ppm).

3. Commercial wood sealants lose their effectiveness at trapping arsenic after about 6 months, thus providing no long–term protection from arsenic exposure.

“Consumers had to take it upon themselves to conduct a testing program that should have been done long ago. And now consumers are taking steps to protect their families, as they learn that arsenic levels on backyard decks and playsets remain high for 20 years,” said EWG Analyst Sean Gray.

Arsenic isn’t just poisonous in the short term, it causes cancer in the long term. Arsenic is on EPA’s short list of chemicals known to cause cancer in humans. According to the National Academy of Sciences, exposure to arsenic causes lung, bladder, and skin cancer in humans, and is suspected as a cause of kidney, prostate, and nasal passage cancer. Numerous studies show that arsenic sticks to children’s hands when they play on treated wood, and is absorbed through the skin and ingested when they put their hands in their mouths.

For more than 20 years the wood industry has infused green wood with heavy doses of arsenic to kill bugs and prevent rot. Although most uses of arsenic wood treatments will be phased out by 2004, an estimated 90 percent of existing outdoor structures are made of arsenic–treated wood.

EWG’s consumer testing results come as an EPA advisory panel prepares to meet Friday to discuss the Agency’s proposed method for assessing cancer risks faced by children playing on arsenic–treated wood structures.

“The EPA’s advice has misled millions of consumers about the safety of existing arsenic treated wood,” said Jane Houlihan, Vice President for Research. “It’s time that the Agency act to protect and inform consumers,” she added.

Short of replacing their decks and playsets, families can lower their arsenic exposures by sealing the wood at least every six months, and washing hands thoroughly after contacting the wood. They can also replace boards in high traffic areas such as handrails and decking with arsenic–free alternatives.

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Arsenic-Treated Lumber Safety

Ten safety steps to reduce your family’s exposure to arsenic from arsenic-treated wood

Though prohibitively expensive for some families, replacing arsenic-treated wood structures with safer alternatives (wood with arsenic-free preservatives, cedar, or recycled plastic composite) is the best long-term solution to reducing risks. Short of that, here are simple steps you can take to reduce arsenic exposures:

1. Seal the wood at least every six months with standard penetrating deck treatments.
2. Replace sections of potential high exposure like handrails, steps, or deck boards with non-arsenic alternatives.
3. Wash your hands and your children’s hands after every exposure to arsenic-treated wood, especially before eating.
4. Keep children and pets away from the soil beneath and immediately surrounding arsenic-treated wood structures.
5. Cover arsenic-treated picnic tables with a tablecloth before using.
6. Do not pressure wash to clean the surface of arsenic-treated wood. Instead use a soap and water solution, with disposable cleaning supplies. Pressurized water will blast off the upper surface of the wood and spray arsenic-contaminated particles over your yard.
7. Do not allow children to play on rough wood surfaces. Arsenic-treated wood splinters can be dangerous.
8. Never sand arsenic-treated lumber. If wood is smooth enough that splinters are not a risk, avoid sanding a deck to prepare the surface for sealing—use a simple soap and water wash instead. Wood dust formed by sanding contains arsenic that is easily ingested by a child, or can wash off the surface to contaminate the soil below.
9. Do not store toys or tools under the deck. Arsenic leaches from the wood when it rains and may coat things left there.
10. Do not use commercial “deck washing” solutions. These solutions can convert chemicals on the wood to a more toxic form.

Testimony Before the CPSC

CCA Ban Petition HP01-3

Jane Houlihan
Vice President for Research
Environmental Working Group, Washington, DC

March 17, 2003

In May 2001 the Environmental Working Group and Healthy Building Network petitioned the Consumer Product Safety Commission to ban the use of CCA-treated wood in playground equipment, because the research available at the time showed that arsenic is more carcinogenic than was previously recognized, that arsenic is present at significant concentrations on CCA-treated wood and in underlying soil, and that the health risks posed by this wood are greater than previously recognized.

Since we submitted our petition, new studies show that children who regularly contact CCA-treated wood face an even greater cancer risk than previously believed. These important studies were not used by CPSC in developing the risk estimates before you today. In light of this new information, we believe CPSC has substantially underestimated the cancer risk associated with CCA-treated wood.

Given the magnitude of risk, we disagree with CPSC's recommendation to defer action on this petition. Using authority under the Federal Hazardous Substances Act, we recommend that CPSC immediately ban the use of CCA-treated wood in new playsets, a use that EPA estimates could continue for at least another year unless CPSC acts. We also recommend that CPSC require the treated wood industry to directly refund consumers who have purchased CCA-treated wood playsets using their authority under the Consumer Product Safety Act, Section 15(d)(3).

1. EPA's New Assessment of Enhanced Potency of Carcinogens in Early Life. On March 3 2003 the EPA released cancer risk assessment guidelines showing that carcinogens are more potent in early life exposures. Through its review of 23 peer-reviewed studies of cancer incidence from the past 50 years, EPA has determined that infants up to age two are, on average, ten times more vulnerable to carcinogenic chemicals than adults, and for some cancer-causing agents are up to 65 times more vulnerable. The Agency also found that children from age two to 15 are three times more vulnerable to carcinogens than adults.

In developing these potency factors the Agency cites as key evidence a new National Cancer Institute study of cancer incidence from early life exposures to arsenic in lab animals (Waalkes et al. 2003). Under its new guidelines, the Agency will require its staff to incorporate these potency factors when assessing early life exposures to chemicals that cause genetic damage. These factors are not safety or uncertainty factors, rather they are based on a review of the literature that showed that 82% of mutagens were more carcinogenic when exposure occurred earlier in life and the median increased potency of mutagens was 10. CPSC has not taken this new information into account in its risk assessment, resulting in an underestimate of risk by a factor of about four.

2. National Cancer Institute study shows early life susceptibility cancers caused by arsenic, and supports a linear model for cancer risk. A 2003 study conducted by the National Cancer Institute and National Institute of Environmental Health Sciences (NCI-NIEHS) found that a brief 10-day drinking water exposure to arsenic in utero at 42.5 and 85 parts per million (ppm) caused dramatic increases of malignant, benign and precancerous lesions at multiple sites in the mice in later life. Tumors sites included the lung, liver, adrenal gland and ovary. In addition, arsenic caused proliferative lesions to develop in the uterus and oviduct. Some of the tumor sites, such as lung and liver, overlap with known human arsenic target organs. Moreover, arsenic significantly increased the incidence of developing any type of tumor, including malignant tumors, which is also consistent with the human epidemiology findings.

Waalkes et al. suggest that arsenic is acting at the first stage of carcinogenesis as a tumor initiator, or mutagen, because arsenic dramatically increased tumor incidence at multiple sites following a 10-day exposure early in life. The short-term exposure argues against arsenic acting as a tumor promoter, which generally requires long-term exposure and shows reversibility of action when exposure stops. The early in life exposure argues against arsenic acting as a tumor progressor because tumor progressors typically act on cells that have already been neoplastically transformed, and progression, as a stage of carcinogenesis, is typically associated with concurrent existence of benign or malignant neoplasms. In summary, this new study supports prior decisions by various government agencies to assume that arsenic's mechanism of carcinogenicity produces a linear response.

3. New data show high and persistent arsenic residue levels on hundreds of wood structures. Since November 2001, consumers across the country have tested 598 playsets, picnic tables, decks, and treehouses across the country, and in some cases the arsenic-contaminated soil beneath them, through an at-cost testing kit sold through EWG's website, www.ewg.org. The samples are analyzed by the University of North Carolina - Asheville's Environmental Quality Institute. The sampling method is analogous to methods used by various government agencies in conducting residue sampling, and is included in this testimony as Attachment A. The results of the consumer testing program show:

- Arsenic residue levels on 295 playsets ranged from 0 to 960 micrograms on an area the size of a four-year-old's handprint (100 cm2), with a median value of 8.3 ug/100cm2.

- Arsenic residue levels on 598 wood structures, including playsets, picnic tables, decks, and treehouses ranged from 0 to 2813 ug/100cm2, with a median value of 9.0 ug/100cm2. On ten structures the residue level exceeded 500 ug/100cm2.

- Older decks and playsets (seven to 15 years old) expose people to just as much arsenic on the wood surface as newer structures (less than one year old). The amount of arsenic that testers wiped off a small area of wood about the size of a four-year-old's handprint (100 square centimeters) typically far exceeds what EPA allows in a glass of water under the Safe Drinking Water Act standard (EWG 2002).

- Commercial deck sealants provide no long-term reduction in arsenic levels on the surface of arsenic-treated wood. Sealants appear to reduce arsenic levels for about six months, but surface arsenic levels on wood sealed more than six months ago are statistically indistinguishable from levels on wood that has never been sealed. Just after application, sealants begin to wear off through physical abrasion and weathering. The highest arsenic level measured from 300 samples, 1053 micrograms on a 100 cm2 wood surface, was found on a Houston, Texas structure sealed two years prior to testing.

These data show that CPSC has severely underestimated risk to some children, by not considering in their assessment the wide range of residue levels found on various structures. The data also point to the importance of CPSC giving the public comprehensive recommendations on mitigating risk from existing wood structures, including frequent sealing.

4. New study from EPA shows children put their hands in their mouths far more often than previously believed. Scientists from EPA's National Exposure Research Laboratory compiled statistics on detailed observations of mouthing behavior among more than 300 children, and found that children put their hands in their mouths at nearly twice the rate previously believed - on average 16 times per hour for children over 2 years old, and 18 times per hour for children less than 2 years old. A substantial fraction of the population considered. The study recorded hand-to-mouth behavior a maximum of 48 times per hour. Also of note in this study are two frequent behaviors that could dominate risk but are not included in CPSC's risk assessment: mouthing of playset surfaces (mean of 4 to 7 times an hour for the children studied), and mouthing of toys stores beneath playsets (such as sandbox toys), a behavior observed on average between 42 and 56 times an hour. This study is included as Attachment C.

5. New risk assessment from California shows the average residue on a hand-sized area of CCA-treated wood structure is 2000 times higher than safe levels (defined as a 1 in 1,000,000 cancer risk). On March 7 2003, California's branch of the EPA released new arsenic risk assessments that show a dramatically lower "safe" level for arsenic in drinking water than US EPA's new standard, setting their public health goal for arsenic at 0.004 micrograms per day, 2500 times lower than EPA's new standard of 10 ug, and 2000 times the average arsenic residue level on 100 cm2 of wood. California's risk assessment adds to the growing number of public health agencies that have confirmed the cancer-causing potential of very low doses of arsenic.

6. Risk assessment incorporating new findings shows average excess lifetime cancer risk of 1 in 500 for children who play on CCA-treated wood three times a week. In 2001 EWG constructed a risk assessment model incorporating Monte Carlo techniques that account for variability in arsenic residue levels, behavior patterns, and size of a child, and that compute the spectrum of risk across the population. We presented this model to the EPA's Scientific Advisory Panel in October 2001. The Panel recommended that EPA adopt this modeling technique in their assessment of risk from CCA wood, and the Agency is moving forward with a Monte Carlo style assessment. The model methodology is attached as Attachment D. When we incorporate findings from the new studies described above, the model shows:

- One in 500 children who play on CCA-treated playsets three times a week are expected to develop cancer from these exposures.

- Ten percent of children who regularly play on CCA-treated playsets face an excess lifetime cancer risk greater than one in 100.

Conclusion and Recommendations.

CCA in existing play structures is a public health problem very similar in magnitude and certainty to lead paint. Both present significant health risks that last long after regulatory action banning their sale and use. Both have been found to pose a greater health risk than believed when they were first sold. Both disproportionately affect children. In each case the regulated industries fought remedial action after the ban, and in each case, failing to take this remedial action would have very nearly completely undermined the effectiveness of ban. Imagine the unnecessary harm to children that would have occurred had their been no remedial action to reduce lead exposures after the ban on lead in paint. The same level of harm will result from a failure on the part of commissioners to force remedial action to recall CCA-treated play structures on playgrounds.

Our recommendations are:

We recommend that CPSC immediately ban the use of CCA-treated wood for new playsets.

We recommend that CPSC require the treated wood industry to directly refund consumers who have purchased CCA-treated wood playsets using their authority under the Consumer Product Safety Act, Section 15(d)(3).

We recommend that CPSC work with EPA to expedite studies of the effectiveness of sealants, and launch an aggressive consumer education campaign designed to teach people how to mitigate risk from CCA-treated playsets and other structures.

References

California Environmental Protection Agency. 2003. Public Health Goal for Arsenic in Drinking Water. Draft. March 2003. Available online at http://www.oehha.ca.gov/public_info/press/AsPress.html

Consumer Product Safety Commission. 2003. Briefing Package. Petition to ban chromated copper arsenate (CCA)-treated wood in playground equipment (Petition HP 01-3). February 2003.

Environmental Protection Agency (EPA). 2003. Supplemental Guidance for Assessing Cancer Susceptibility from Early-Life Exposure to Carcinogens (External Review Draft). USEPA EPA/630/R-03/003. 28 Feb 2003. U.S. Environmental Protection Agency. Risk Assessment Forum, Washington, DC, 86 p. Available online at http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=55446.

Tulve NS, JC Suggs, T McCurdy, EA Cohen Hubal, J Moya. 2002. Frequency of mouthing behavior in young children. Journal of Exposure Analysis and Environmental Epidemiology. 12, 259-264.

Waalkes MP, JM Ward, J Liu, BA Diwan. 2003. Transplacental carcinogenicity of inorganic arsenic in the drinking water: induction of hepatic, ovarian, pulmonary, and adrenal tumors in mice. Toxicology and Applied Pharmacology. 186, 7-17.

CPSC Denies Petition to Ban CCA Pressure-Treated Wood Playground Equipment

The U.S. Consumer Product Safety Commission (CPSC) voted unanimously today to deny a petition to ban the use of chromated copper arsenate (CCA) pressuretreated wood in playground equipment. CCA manufacturers and the Environmental Protection Agency (EPA) had previously agreed to phase out CCA treatment of wood for most consumer uses by the end of 2003. CPSC Chairman Hal Stratton said, “The industry has already agreed to stop using this chemical as a treatment for wood for most residential consumer uses. The EPA action effectively addresses the petitioners’ request.”

Download PDF of CPSC release

EPA Reverses Course: Arsenic-Treated Playground Equipment Poses Unacceptable Lifetime Cancer Risk to Children

For Immediate Release: Nov. 13, 2003

WASHINGTON — The US Environmental Protection Agency (EPA) today released the most comprehensive study to date of the health risks of arsenic-treated wood, which has been used for decades to build decks, playsets and other outdoor structures in backyards and parks nationwide. The findings contradict former Administrator Whitman’s statement from February 2002, in which she said that currently in-use structures posed no dangers to children. According to today’s draft risk assessment, 90% of all children face a greater than one in one million cancer risk from their exposure to arsenic-treated wood, the historic level of concern for the Agency. In southern states, 10 percent of all children face a cancer risk that is 100 times higher.

This study validates the concerns expressed last week by the Consumer Product Safety Commission (CPSC) when it decided that EPA’s earlier ban on arsenic-treated wood made it unnecessary for CPSC to ban its use in playsets. ÊHowever, the CPSC’s three Commissioners all issued statements expressing concern about cancer risk from existing structures built with arsenic-treated wood. ÊAt the same time, the CPSC announced that it is initiating studies of wood sealants as a way to give consumers ways to protect their children from arsenic leaching from backyard decks and playsets.

EWG Vice President for Research Jane Houlihan said, “This study confirms that we need to protect children from arsenic-treated wood at playgrounds and in their backyards around the country.”

Arsenic-treated wood is made using chromium copper arsenate (CCA), a pesticide that the EPA and the wood industry agreed last year to phase out of commerce. Arsenic is a known human carcinogen, with which children come into contact by touching the wood and either absorbing it through their skin or putting their hands into their mouths. This exposure increases children’s risk of lung and bladder cancer later in life.

The Environmental Working Group (EWG) has released two studies detailing the risks to children of arsenic-treated wood and is the only nonprofit organization to offer parents a home test kit to have a laboratory analyze the amount of arsenic on their decks - and in the soil beneath them. The EPA largely adopted EWG’s methodology for studying arsenic-treated wood exposure.

According to Houlihan, consumers should act now to reduce children’s exposure to arsenic-treated wood. People should either replace arsenic-treated decks and play structures or seal them at least every six months.

EWG is a nonprofit research organization dedicated to using the power of information to protect human health and the environment. EWG’s research on arsenic-treated wood, including the EPA and CPSC’s statements, can be found at http://www.ewg.org.

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Editor’s note: Below is an excerpt from the EPA’s news release of 2/12/02, announcing the negotiated phaseout (Link):

EPA has not concluded that CCA-treated wood poses unreasonable risks to the public for existing CCA-treated wood being used around or near their homes or from wood that remains available in stores. EPA does not believe there is any reason to remove or replace CCA-treated structures, including decks or playground equipment. EPA is not recommending that existing structures or surrounding soils be removed or replaced.

The CPSC Commissioner’s statements are available at http://www.ewg.org/node/8289.