Unned Slates
          Environmental Protection
          Agency
Ofdce o«
Solid Waste and
Emergency Response
           DIRECTIVE NUMBER. 9441.28(85)

           TITLE: Regulatory Status of Creosote Treated Cross Ties


          APPROVAL DATE:  7-16-ss

          EFFECTIVE DATE:   7-16-85

          ORIGINATING OFFICE, office Of solid waste
          Q FINAL

          D DRAFT

           LEVEL OF DRAFT

             H A — Signed by AA or DAA
             U B — Signed by Office Director
             DC — Review & Comment
          REFERENCE (other documents):
*WER      OSWER      OSWER
 DIRECTIVE   DIRECTIVE   Dl

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2'61  SUBPART A - GENERAL
                                                DOC:  9441.28(85)
Key Words:

Regulations:

Subject:

Addressee:


Originator:

Source Doc:

Date:

Summary:
Creosote
Regulatory Status of Creosote Treated Cross Ties

Jean Summers Stinson, R.W. Summers Railroad Contractor, Inc.
P. 0. Box 1456, Bartow, Florida 33830

Matthew A. Straus, Waste Identification Branch

#9441.28(85)

7-16-85
     Creosote-treated cross ties are neither covered under the K001 or the
K035 listings and would not be regulated under RCRA unless they exhibit any of
the hazardous waste characteristics.  However, the disposal of cresote-treated
cross ties is covered under FIFRA.

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9441.28 (85)
I 6
JUL
Jean Su arz Stineon
R.W. Sugare Railroad Contractor, Inc.
P.O. Box 1456
Bartov, Florida 33830
D.ar Mr. Stinson,
This is in reply to your letter of Jun. 21, 19*5, in
which you asked vheth.r the disposal of cross ties treated
with Creosote is subject to regulation by the tnvirei.ntal
Protection Agency (EPA). Undsr Subtitle C of the Resource
Conservation and Recycling Act (RCM), EPA has issued rgu 1 ta.v
tions listing only the ca .rcia1, product creosote, whet
discarded, and two eanufacturinq process wastes (Bottos
sediasnt sludge fros the tr,ateent of waste,atsrs fros vood
preserving processes that us. creosote and/or pentactzloroph.nol
(KOOl) and Wast.water treataant sludges generated in the
production of creosote (K035)) as hazardou, under RCRA.
Creosote treated cross ties are not covered by any of
thase listings. These ties also could be considered hazardous
if they exhibit any of the hazardous waste characteristics
Ci... , ignitability, corrosivity, reactivity, extraction
procedure CaP) tozicity)j however, it is unlikely that the
creosote treated cross ties would exhibit any of these characteristics
Therefore, the treated ties are likely not defined as a
hazardous waste under Subtiti. C of RC*A and, thus, not
subject to the hazardous vast• regulation.
Th disposal of creosot. treated cros. ties ar. subject
tfTJ q 1aUon under the recently prosulgated rules
II))I bi g the Federal Insecticide Fungicide, and Rodenticide
st IJ 4, .ver. In particular, on July 13, 1984, the
A [ a fti Rebuttable Presuaption Against Registration
(RPil7Ter th. three sajor wood pres .rvativ.s——naae ly, inorganic
arsenical,, pentachlorophenol, and creosote. Aaong other
things, the.. rules require that wood which has been treated
vita pntachlorophenol and/or creosote should not b burned
in an outdoor fire or in stove FTIreplac.sj rather this
wood should be buried in a landfill, This requirei .nt was

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2
included to ensur, that no tO*j COflt jnants would be released
as a r.su 01 th. burning Process. (For more informatj 0
On the PIJM rules, please Contact Carol Langley at 557-7400.)
I prs e this i f tj provides Sufficient anewez-9 to
your questjon, If you need further clarification, please feel
free to telephone Dr. Judith S. BelJ.j at 2O2—382 4789,
Sincerely,
Matthew A. Straus
Waste Identification Branch
WH—5 628 /JBELLIN/ecm/3 82—4 789/6—28—85 disk JB840]. —42

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