The CPSC staff prefers that the agency await finalization of an agreement between CCA manufacturers and the Environmental Protection Agency (EPA) to phase out CCA treatment of wood for most consumer uses by the end of 2003. Last year, EPA reached an agreement on a voluntary industry phase-out of CCA-treated wood, but at the time, EPA claimed that the wood did not pose a health risk. The February 7 report marks the first time a federal agency has acknowledged a heightened danger to children using CCA-treated playground equipment. A CPSC briefing on the issue is scheduled for March 12.

In a similar case, CPSC staff recommended in November 2002 that the commission deny a 1998 petition to ban the use of harmful soft polyvinyl chloride (PVC) plastic in toys for children under five, despite finding that it causes damage to the liver and kidneys, according the National Environmental Trust. The commission voted to support the staff recommendation of inaction on February 21, declining to even issue a health warning.