Federal Regulation 40 CFR §152.25                

                                 29 CFR §1910.1200

State Regulation 10 CSR Part 80

MDNR Fact Sheet

UTILITY POLES
Treated wood utility poles are considered regulated solid waste. Treated wood should not be open-burned or burned in stoves, shredded into mulch, used as fill, or managed in any way that could allow hazardous substances to be released to the environment. Treated wood waste (including sawdust) should be disposed in landfills permitted for sanitary or demolition waste, or only burned in incinerators or energy recovery units that have permits to burn treated wood. MDNR encourages the recycling or reuse of waste utility poles as landscaping timbers, retaining walls, etc. Electric cooperatives routinely get rid of used treated wood utility poles by selling or giving them away to the public instead of disposing of them in permitted landfills. Information provided below is intended to highlight regulatory requirements and recommendations for selling or giving away treated wood.

Per 40 CFR §152.25, wood products treated with pesticides are exempt from FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) regulation so long as the following conditions are met:

  • Each product [each treated utility pole] containing the substance [pesticide] must bear a label identifying the name and percentage (by weight) of each active ingredient and the name of each inert ingredient.

  • The product [treated utility pole] must not bear claims either to control or mitigate microorganisms that pose a threat to human health, including but not limited to disease transmitting bacteria or viruses, or claims to control insects or rodents carrying specific disease, including, but not limited to ticks that carry Lyme disease.

  • The product must not include any false and misleading labeling statements, including those listed in 40 CFR 156.10(a)(5)(i) through (viii).

In addition, FIFRA requires that consumers are informed about the proper handling, use, and disposal of treated wood products. This can be accomplished by providing the consumer with the applicable FIFRA Consumer Information Sheet.

To comply with the OSHA Hazard Communication Standards, 29 CFR 1910.1200, the Safety Data Sheet (SDS) for the treated wood product should be provided not just to employees that handle the treated wood, but also to persons that are sold or given treated wood. Providing the SDS also fulfills the common law duty to warn persons of any and all foreseeable risk associated with the sale or gift of treated wood.

At the time of sale or gift of treated wood, the information described above should be given to the persons receiving the product. To prevent claims and reduce liability, it is recommended that the persons receiving the product should sign a statement acknowledging that they have received and understand the information. USWAG (Utility Solid Waste Activities Group) recommends that such a statement (or label/tag) include the following to ensure that secondary users are appropriately informed with regard to the proper handling, use, and disposal of the treated wood product:  

  • Caution: This wood has been treated with an EPA registered wood preservative and may contain chromated copper arsenate, pentachlorophenol, creosote, or other registered wood preservatives;

  • Never burn treated wood;

  • Wear a dust mask and googles when cutting or sanding treated wood;

  • Wear gloves when working with treated wood;

  • Ask for the consumer safety information sheet or other safety information that may be available;

  • Do not use treated wood in circumstances where there maybe direct contact with domestic animals or livestock which may crib (bite) or lick the wood.

  • Do not use treated wood in circumstances where the wood may become a component of food or animal feed, such as structures or containers for storing silage or food.

  • Ensure that the treated wood is properly disposed of after its intended use. Removal and disposal by ordinary trash collection is generally acceptable, though it may be advisable to check with local officials regarding proper disposal options.

It is also recommended to include in the materials that are provided to persons receiving the treated wood a copy of the MDNR Fact Sheet, which addresses the proper handling of utility poles.

 

Rob LeForce, AECI, revised 8/12/2015