In the final document titled “Creosote Preliminary Work Plan Registration Review: Initial Docket, Case Number 0139, February 16, 2015 FINAL,” EPA has stated that “reuse of creosote-treated wood is not subject to regulation by EPA under FIFRA” in direct reference to “use in residential settings (e.g. landscaping).”
In this document on page 18, in section 3.3.4, EPA states that it “recognizes that materials such as utility poles or railroad ties may be sold for reuse after their original intended use has ended.”
Section 3.3.4 states in full:
There are no approved pesticide uses of creosote to treat wood for residential use. The agency recognizes that materials such as utility poles or railroad ties may be sold for reuse after their original intended use has ended. Railroad ties are used for fuel for co-generation plants and there would be no residential exposure for that particular use. However, railroad ties may resold for use in residential settings (e.g. landscaping). Such reuse of creosote-treated wood is not subject to regulation by EPA under FIFRA; however, landscape retaining walls are not expected to be areas of frequent contact, and any contact with landscaping timbers is expected to be episodic in nature. Additionally, old railroad ties would likely have significantly less transferable creosote than freshly treated wood (EPA. 2008c). As a result, the agency does not anticipate significant exposure to occur and will not conduct a residential post-application risk assessment.
Registration Review: Initial Docket Case Number 0139, March 2015