Additive being used on backyard furniture
San Francisco Chronicle, Jane Kay
Published November 11, 2001
A California anti-toxics law may be forcing the elimination of a
controversial arsenic compound used in outdoor wooden play equipment,
decks and other products found in many backyards.
The Center for Environmental Health, based in Oakland, announced last week that three national manufacturers of children's backyard play sets will stop using arsenic in pressure-treated lumber within three months.
The group charges that the arsenic, which is used to fend off insects and rot, exceeds the safety levels set by Proposition 65, the state's anti-toxics law. Arsenic is known to cause cancer.
For years, parents have complained to the California Department of Health Services and the U.S. Environmental Protection Agency that the arsenic on jungle gyms may be poisoning their children, either from skin absorption or ingestion when their hands go into their mouths.
Arsenic is used in 90 percent of all outdoor wooden structures sold in the United States -- including picnic tables and decks -- and the risk of exposure is much higher than previously believed, according to a report released this past week by the Environmental Working Group and the Healthy Building Network.
Working with a government-approved lab, the two nonprofit groups tested
arsenic-treated boards from stores in 13 cities, including the Home Depot in Emeryville. The lowest level of arsenic that rubbed off the board, in an area the size of a handprint, contained nine times the amount of arsenic in a 6- ounce glass of water contaminated at 10 parts per billion.
The report advises replacing arsenic-treated products or painting them
with a water sealant once a year. Redwood and cedar don't typically
contain the pesticide. Some less toxic alternatives are alkaline copper
quaternary and copper boron azole.
Both the Center for Environmental Health and the California attorney
general have filed Propostion 65 suits against manufacturers, alleging
that the equipment exposed children to harmful levels of chromated copper arsenate.
"We've seen studies that show that the exposure would be above the no-
significant-risk level of Proposition 65. It's an important issue because it involves potential arsenic exposure to children," said Susan Fiering, a deputy attorney general.
While the three companies -- ChildLife Inc., Ultra Play Systems Inc. and Custom Swings of Texas -- are planning to replace the arsenic wood
treatment with safer alternatives, other manufacturers dispute the
lawsuit's claim.
In Olympia, Wash., Tim Madeley, general manager of Kompan Inc., said, "We've been working with both parties to resolve the issue. Our product
has been tested by the Consumer Product Safety Commission, and, according to their findings, we did not violate Prop. 65."
The American Wood Preservers Institute, a Fairfax, Va., trade group, says chromated copper arsenate has a safe track record when used according to the industry's guidelines, and the risks to children and adults are well within the EPA's acceptable risk limits.
Proposition 65 requires businesses to carry warnings if their products
expose the public to unsafe levels of toxic substances that can cause
cancer or reproductive damage. Citizen groups may initiate lawsuits, as
may government attorneys.
The law has been used to force manufacturers to clean up a variety of
products, including removing lead from water filtration systems and
solvents from "white-out" correction fluids.
Debate has been raging over exposure to arsenic in both treated outdoor
play structures and in drinking water.
On Oct. 31, the Bush administration adopted the stricter arsenic standard for drinking water, 10 parts per billion, recommended by the Clinton administration. And two federal agencies are assessing the risks posed by arsenic-treated wood.
News reports in Florida earlier this year revealed that potentially unsafe levels of arsenic had leached out of playground equipment. A class-action suit has been filed in Miami charging that the industry and retailers failed to warn customers of possible dangers.
The federal Consumer Product Safety Commission began a national study of the levels of arsenic that leach out of the play equipment.
Early next year, the EPA expects to release findings on exposure to
children, workers and the environment from arsenic-treated play equipment, decks, utility poles, fences and retaining walls, said David Deegan, an EPA spokesman in Washington.
"If we get an indication that it's not safe, we would take swift action," Deegan said.
San Francisco is considering a ban on city purchases of arsenic-treated
products and requiring replacement over time.
Arsenic lawsuits Under an agreement with environmentalists, three manufacturers of outdoor play equipment have agreed to eliminate arsenic from their products: ChildLife Inc., Ultra Play Systems Inc. and Custom Swings of Texas.
However, 10 other companies still face a lawsuit filed under the state's anti-toxics law, Proposition 65: Hedstrom Corp., Kompan Inc., SportsPlay Equipment Inc., PlayNation, Creative Playthings Inc., Howell Equipment Co., Olympic Recreation Inc., Leisure Time Products Inc., Merrytime Play Systems Inc. and All American Playground Inc.
