UPDATE ON THE USE OF CREOSOTE AND CREOSOTE TREATED WOOD IN GREAT BRITAIN

100% Coal Tar Creosote (‘Creosote’) has been used for over 150 years to impart reliable service life to wood in many uses, but its future is in question. In this article, WPA Director Gordon Ewbank brings us up to date with the latest developments.

REGULATION OF CREOSOTE

Creosote is authorised for sale, supply and use in Great Britain (GB – England, Scotland and Wales) under the GB Biocidal Products Regulation which is administered by the UK Health and Safety Executive (HSE). In N. Ireland authorisation is under the EU BPR but HSE includes N. Ireland in its lists of authorised preservatives. Currently, the terms of authorisation are similar under both regulatory regimes.

At this present time, wood may be treated with creosote in GB for the following end uses:

• Railway sleepers and fence panels/horizontals used in highways fencing, equestrian fencing and animal security fencing (BS 8417 Use Class 3).
• Overhead Electricity Poles; Telecommunication poles; Fencing posts for the safety critical uses of highways fencing, equestrian fencing and animal security fencing; Agricultural tree stakes/ supports (fruit, vineyard and hops) only when a long service life (safety critical) is required (BS 8417 Use Class 4 – ground contact but not to be placed directly in freshwater).
• Surface treatment of the above uses (to allow for re-treatment of surfaces exposed by working treated wood – for example, cross-cutting and boring holes).

Authorisation for use of creosote as a biocidal product in GB expires on 31 October 2023 (including N. Ireland) but in EU member states the expiry date is 29 March 2024. An application for a further 5-year extension in both geographical areas has been made by creosote manufacturers.

Note that the BPR applies to the use of creosote to treat wood not to uses of treated wood, though wood treated with creosote in the UK now should only be placed on the market when intended for the uses listed above. Once on the market (whether treated in the UK or imported) creosote treated wood may be used in accordance with the Registration, Evaluation, Authorisation & Restriction of Chemicals (REACH) Regulation in both GB (under REACH as amended post-Brexit) and N. Ireland (under the EU REACH regulation).

Under REACH, creosotetreated wood may be used in professional and industrial uses in any situation apart from those listed below under ‘Restricted uses’. The regulation gives examples of professional and industrial uses that include on railways, in electrical power transmission and telecommunications, fencing, agricultural purposes (e.g. stakes for tree support), harbours and waterways.

RESTRICTED USES

Creosoted timber (all forms) should not be used:

• Inside buildings,
• In toys,
• In playgrounds,
• In parks, gardens and outdoor leisure facilities where there is a risk of frequent skin contact,
• In the manufacture of garden furniture such as picnic tables,
• For the manufacture and use and any re-treatment of:

– containers intended for growing purposes

– packaging that may come into contact with raw materials, intermediate or finished products destined for human and/or animal consumption

– other materials which may contaminate the products mentioned above.

USING CREOSOTE-TREATED WOOD

Wood already in use before 31 December 2002 is not affected by the restrictions on where creosote-treated wood may be used. It may remain in use until the end of its service life. Wood treated with creosote prior to 31 December 2002 and placed on the market for second-hand use (typically old railway sleepers) may be used (by DIY, professional and industrial users) in any situation apart from those listed above under ‘Restricted uses’.

Wood treated or re-treated (in any way) with creosote before or after 31 December 2002 and placed on the market for first time use may be used for professional and industrial uses in any situation apart from those listed under ‘Restricted uses’. The regulation gives examples of professional and industrial uses that include on railways, in electrical power transmission and telecommunications, fencing, agricultural purposes (e.g. stakes for tree support), harbours and waterways.

DISPOSAL OF WASTE CREOSOTE-TREATED WOOD

Before disposal, it is good practice to consider if the wood could be reused or recycled. If so, it must only be reused in one of the permitted uses – see ‘Using creosote-treated wood’ above. When creosote-treated wood reaches the end of its service life and has to be disposed of then disposal must be in accordance with the regulations on hazardous waste. Guidance on reuse, recycling and waste disposal is available in WPA TW 14: UK guidance on the classification of treated wood waste.

LOOKING TO THE FUTURE

There is some suggestion that British and EU (plus N Ireland) regulatory controls on permitted uses of creosote-treated wood products will diverge, albeit temporarily, in the next year or two. For example, it is possible that Britain may be the only region in which creosote-treated fencing is still permitted towards the end of next year or early 2024.

Whilst the short-term future of creosote for some markets is still relatively secure, a point will be reached in the foreseeable future when alternative technologies will be required. Several of these are currently at an advanced state of field testing in preparation.

Please contact WPA chemical manufacturing members for further details. See www.thewpa.org.uk/member-products-services