EPA Jacket 82024‐1
1

NEW APPLICATIONS 

DATE: APR - 7 2011 

FILE NUMBER: 5:;"o'Yf -Ie 

FEP (OPPIN ENTRY) LU 4/e)2o l { 

(Initial & date) . 

FILE ROOM: _____ _ 

(Initial & date) 

SIG: 

(Initial & date) 

FILE ROOM: _____ _ 

(Initial & date) 

/ ASSIGN TO PM 34 (NO DATA) 

__ JACKET TO SHELF (DATA) 
2

---

ISB'S Front-end PRlA Completeness Screen 

Draft 3; 10/25107 

EPA Receipt Date: APR -7 2011 EPA Reg. Number: Ii!!. o:U/- R 

','. ·'Ch~ck:,~1,~t;X~~.)·;;~:~~-;ft:B1,rt~;;;;~!f,~i13Jt:,?::':',:', :: *~~:: ..•... :N,ii' 

I Has the PRIA Fee been Paid; is a copy of the check orr;:.-'::':-' j !"y.gov receipt included in the Submission package?cr~ r--

Is an Application Form (EPA FOIm 8570-1) Included in the 'i-. 2 Submission Package, is it completely filled out and signed 

including package type? 

,--

Is a Confidential Statement of Formula (EPA Form 8570-

3 29) Included in the Submission Package, is it completely X 

filled out and signed (boxes 1-21)? 

4 Is a Formulator's Exemption Statement (EPA Form 8570-

27) Included in the Submission Package? X 

-._----

c Is <:l Certification wit~ Respect to Citation of Data (EPA ., >( Form 8570-34) Included in the Submission Package? -.-

6 Is a Bata Matrix (EPA FOIm 8570-35) Included in the )( Submission Package? 

-. 

7 Is a Label Included in the Submission Package? ;( 

_. H Arc Data lncluded in the Submission Package? ~ 

9 Is the Submission an Amendment? 

lil/A . 
3

Material Sent for Data Extraction 

Reg. # f?Z() 21·-/ 

Description: _____________ _ 

¢ Material(s) Sent to Data Extraction Contractors: 

)t! New Stamped Label Dated 1;j3;ZO/ 

D Notification Dated 

7' New CSF(s) Dated 1 tJ Jri Ic~:) i I r' 

D Other: 

rp{ Decision #: J./-L/ 7.5?J h 

D Other Action/Comments: ________ _ 

File this coversheet and attached materials in the jacket. It must be 

well organized and clipped together, NOT STAPLED. Then give the 

jacket with the coversheet and materials to staff in the Information 

Services Center (ISe) (Room 5-4900). If a jacket is full or only 

available as an image, please file materials in a new jacket and bring it 

down to the (ISC). For further information please call 703-605-0716. 

Reviewer: C)rUfre1~) ~~ tfldl 

Phone: Division: _-LBI-'=D~ __ _ 

Date: /1/;;3/201/ 

I 
4

*,1"'"'4, !IN.!~, ~ JT~L PROT~~~;~U' C, R,S· Date of 

," '" ", 

U.S. ,,",vi 

f ~ AGENCY Number, Issuance, 

\~, Office of Pesticide Programs 82024-1 ~ , ,,}' Antimicrobials Division 'tl'J V ' (7510P) '. 2011 "'4( PROl\c-

.' 

1200 Pennsylvania Avenue NW 

Wash'lngton, D,C, 20460 Term of Issuance: 

I 

NOTICE OF PESTICIDE. Name of Pesticide product, 

X --- Registration Creosote-Solution 

--- Reregistration 

(under FIFRA, as amended] 

Name and Address of Registrant (include ZIP Code]: 

Lone Slar Specialty Products, LtC. 

1008 Riva Ridge Drive 

Greal Falls, VA 22066-1620 

Note: Changes in Ij)bellng differing In substance from that accepted in connection with this registration must be submitted to and 

aece'pted,by the Registl<!tion Division prior to use of the Jab,eJ in commerce. In any cwrespondence on this product always refer ,to the 

above EPA registration number, 

On the basis of information furnished by the registrant, the above named pesticide is hereby registered under the Federal Insecticide, 

Fungicide and Rodenticide Act. 

Registration Is in no way 10 be construed as an endorsement or recommendation of this product by the Agency. In order to protect 

health and the environment, the Administrator, on his motion, may at any time suspend or cancel the registration of a pesticide in 

accordance with the Act. The acceptance.of any name in connection with the registration of a product under this Act is not to be 

construed as giving the registrant a right to exclusive use of the name or to its use if it has been covered by others. 

This product (OPP Decision No. 447506) is unconditionally registered in accordance with FIFRA 

sec 3(c)(7)(a) provided that you: 

L Submit and/or cite all data required for registration of your product under FIFRA sec. 3(c)(5) 

when the Agency requires all registrants of similar products to submit such data; and submit 

acceptable responses required for re-registration of your product under FIFRA section 4. , 

2. Make the labeling changes listed below before you release the product for shipment: 

a. Revise the "EPA Registration Number to read, "EPA Reg. No. 82024-1 ". 

, 

(",/1 ?if4ins Offidal, Date: 

November 23, 2011 

Man ger eam-34 

sY 

_AFt; 

•• '''', 

~ 

n" ","-' 

~ Branch II 

~ 

DATE 

EPA Fonn 1320-1A (11901 - , COpy 
5

SYMBOl.. 

SURNAME 

OATE 

\ , 

UNJ"i _J STATES ENVIRONMEtUAL PROTECT~_ ,AGENCY 

Page 2 

EPA Reg. No.: 82024-1 

b. Revise the "Precautionary Statements" on page 2 to add the following statements, "Avoid 

breathing vapors of heated materiaF' and "Prolonged or frequently repeated skin contact 

may cause allergic reactions in some individuals." 

c. Add the following paragraph to the "Precautionary Statements" section on page 2: 

Prolonged and repeated skin exposure over many years in the absence of recommended hygiene 

practices may lead to changes in skin pigmentation, benign skin growth, and in some cases result in 

skin cancer. The inhalation exposure limit to creosote vapor is 0.2 mg/mg3 OSHA PEL (*Hour 

TWA) for Coal Tar Pitch Volatiles (benzene soluble fraction) as specified in 29 CFR J910.1002. 

ProJonged or repeated inhalation exposure above the limit may lead to respiratory system effects as 

inflammation and possibly changes in liver, thyroid, and blood elements. 

d. Revise the second "User Safety Requirements" heading on page 3 to read "User Safety 

instructions." Also revise the statements in this section to be in compliance with PR Notice 2000- ... 

5, Mandatory Labeling, by deleting the term, should, and stating "must." 

A stamped copy of the label is enclosed for your records. Submit one (1) copy of your fmal 

printed labeling prior to release of this product for shipment. 

If these conditions are not complied with, the registration will be subject to cancellation in 

accordance with FIFRA sec. 6( e). Your release for shipment of the prod uct constitutes acceptance of 

these conditions. 

If you have any questions concerning this letter, please contact Juan Negron at (703) 308-8116. 

Enclosure: Stamped Label 

'I~" oduct Manager Team-34 

egulatory Management Branch II 

Antimicrobials Division (75 lOP) 

COHCURR!HaS - ................................. - ....... -.... ~.... . .............. . . ..................................... -.............................. . 

...................... -............ .... ............. ................ ................. ................. . ............. - ................ . 

EPA Form 1320-1A (1190) OFFICIAL FILE COPY 
6

RESTRICTED USE PESTICIDE 

Due to chronic toxicity in animal studies. 

For sale to and use only by Certified Applicators or persons under their direct supervision and only for 

those uses covered by the Certified Applicator's certification. 

CREOSOTE-SOLUTION 

FOR PRESSURE TREATMENT OF WOOD 

Active Ingredient: 

Coal Tar Creosote (AWPA P2j ............................................ . 97.5% 

CAS No. 8001-59-9 

Inert Ingredients ......................................................................... . 2.5% 

Total 100.0% 

CAUTION 

See [sideJ(backJ panel for additional precautionary statements, First Aid and directions for us 

EPA Reg. No. 82024-

EPA Est. No. 82024-TX-l 

NET CONTENTS: 

Manufactured by: 

lone Star Specialty products, Inc. 

P.O. Box 247 

'_'n~ , L:J! ' 

Lone Star, TX 75668 

USA 

If in eyes 

If swallowed 

If on skin or clothing 

FIRST AID 

.. Hold eye open and rinse slowly and gently with water for 15-20 minutes. 

.. Remove contact lenses, if present, after the first 5 minutes, then continue 

rinsing eye . 

.. Call a poison control center or doctor for treatment advice . 

.. Call a poison control center or doctor immediately for treatment advice. 

.. Do not induce vomiting unless told to do so by the poison control center or 

doctor . 

.. Do not give anything by mouth to an unconscious person. 

.. Take off contaminated clothing . 

.. Rinse skin immediately with plenty of water for 15-20 minutes. 

Pagelof6 
7

• Call a pOison control center or doctor for treatment advice. 

If inhaled • Move person to fresh air 

• If person is not breathing, call 911 or an ambulance, then give artificial 

respiration, preferably by mouth-to-mouth, if possible. 

• Call a poison control center or doctor for further treatment advice. 

Have the product container or label with you when calling a poison control center or doctor, or gOing for 

treatment. For emergency information on this product, call1-800-858-737B, 6:30 am to 4:30 pm Pacific 

Time, seven days a week. During other times, call the poison control center at 1-BOO-222-1222. 

NOTE TO PHYSICIAN 

Probable mucosal damage may contraindicate the use of gastric lavage. Vomiting may cause aspiration 

pneumonia. 

PRECAUTIONARY STATEMENTS 

HARDOUS TO HUMANS AND DOMESTIC ANIMALS 

CAUTION: Causes moderate eye irritation. Harmful if swallowed or absorbed through skin. Do not get in 

eyes, on skin, or on clothing. Wear protective eye wear (goggles, safety glasses or face shield). Wash 

thoroughly with soap and water after handling and before eating, drinking, chew'mg gum, or using 

tobacco. 

PERSONAL pROTECTIVE EQUIPMENT (PPE) 

All personnel handling treated wood or handling treating equipment (including poles/hooks used to 

retrieve charge cables) has come into contact with preservative must wear the follOWing PPE: 

.. washable or disposable coveralls or long-sleeved shirt and long pants, 

.. Chemical resistant gloves, and 

.. socks plus industrial grade safety work boots with chemical resistant soles. 

All personnel cleaning or maintaining the treatment cylinder gasket/equipment or working with 

concentrate or wood treatment preservative must wear the following PPE: 

.. Washable or disposable coveralls or long-sleeved shirt and long pants, 

.. Chemical resistant gloves, 

.. Socks plus industrial grade safety work boots with chemical resistant soles, and 

.. A full face shield. 

In the event of equipment malfunction, or for door spacer placement, all personnel located within 15 

feet of the cylinder opening prior to cylinder ventilation must wear the following PPE: 

.. Washable or disposable coveralls or long-sleeved shirt and long pants, 

.. Chemical resistant gloves, 

.. Socks plus industrial grade safety work boots with chemical resistant soles, and 

.. A properly fitting half mask elastomeric respirator with appropriate cartridges and/or filters. 

Entry to confined spaces is regulated by Federal and/or State Occupational Safety and Health Programs. 

Compliance is mandated by law. Individuals who enter pressure treatment cylinders or other related 

equipmentthat is contaminated with the wood treatment preservative (e.g. cyi'mders that are not free 

of treatment preservative or preservative storage tanks) must wear protective clothing and/or 

equipment as required by Federal and/or State Occupational Safety and Health Compliance laws. 

Page20f6 
8

USER SAFETY REQUIREMENTS 

-Personnel must leave aprons, protective coveralls, chemical resistant gloves, work footwear, and any 

other material contaminated with preservative at the treatment facility. 

-Follow manufacturers instructions for cleaning/maintaining PPE. If no such instructions for washables 

exist, use detergent and hot water. Keep and wash PPE separately from other laundry. 

-Discard clothing and other absorbent material that have been drenched or heavily contaminated with 

the product's concentrate. Do not reuse them. 

-Eating, drinking, smoking are prohibited in the treatment cylinder load-out area, drip pad area, and 

engineering control room of the wood treatment facilities. EXCEPTION: Where treating operator control 

rooms are isolated from the treating cylinders, drip pad, and work tanks, eating, drinking, and smoking 

(depending on local restrictions) are permitted. 

USER SAFETY REQUIREMENTS 

-Users should wash hands before eating, drinking, chewing gum, using tobacco or using the toilet, 

-Users should remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put 

on clean clothing. 

-Users should remove PPE immediately after handling this product. Wash the outside of gloves before 

removing. As soon as possible, wash thoroughly and change into clean clothing. 

ENVIRONMENTAL HAZARDS 

This product is toxic to aquatic organisms. Do not discharge effluent containing this product into lakes, 

streams, ponds, estuaries, oceans, or other waters unless in accordance with the requirements of a 

National Pollution Discharge Elimination System (NPOES) permit and the permitting authority has been 

notified in wiring prior to discharge. Do not discharge effluent containing this product to sewer systems 

without previously notifying the local sewage treatment plant authorHy. For guidance, contact your 

State Water Board or Regional Office of the EPA. 

DIRECTIONS FOR USE 

It is a violation of federal law to use this product in a manner inconsistent with its labeling. 

For terrestrial and aquatic nonfood wood/wood structure protection treatments via pressure methods 

for util'rty poles/cross arms, railroad ties, switch ties, bridge timbers, fence and guardrail posts, 

foundation timbers, marine and foundation round piles, sawn lumber and timber products, and exterior 

structural composite glue laminated wood and plywood products. Treated wood is intended for 

exterior/outdoor uses only. 

Requirements for the Pressure Treatment of Wood 

-Cylinder openings and door pits must use grating and additional measures such as sumps, dams or 

other devices which prevent or remove spillage of the preservative. 

-Personnel must not directly handle the charge cables, poles or hooks used to retrieve charge cables, or 

other equipment that has contacted the preservative without wearing chemical resistance gloves. 

-The treatment process must include a final vacuum to remove excess preservative from the wood. The 

final vacuum must attain a vacuum equal to or greater than the initial vacuum. This vacuum must be 

held for an appropriate time period based on wood species, retention levels, and commodity treated to 

remove excess preservative from the wood. 

Page30f6 
9

-At the conclusion of treatment, the cylinder must be ventilated by purging the post-treatment cylinder 

through fresh air exchange. The ventilation process is considered complete after a minimum of 2 volume 

exchanges based on the empty treatment cylinder volume. The exhaust pipe of the vacuum system or 

any air moving device utilized in conducting the air purge must terminate into a containment vessel such 

as a treating solution work tank or water/effluent tank 

-The ventilation process may be accomplished by one of the following methods: 1) activating an air 

purge system that operates while the cylinder door remains closed; or 2) using a device to open and 

hold open the cylinder door (no more than 6 inches) to allow adequate ventilation and activating the 

vacuum pump. 

-If the second method is utilized, at the conclusion of the treatment, no personnel may be located within 

15 feet of the cylinder when open (cracked) until the cylinder has been ventilated. 

-In the event of equipment malfunction, or to place the spacer to hold the door open during venting, 

only personnel wearing specified PPE are permitted within 15 feet of the cylinder opening prior to 

ventilation. 

-After ventilation is complete, the cylinder door may be completely opened. 

-After treatment, wood must be moved to a drip pad capable of recovering excess preservative until the 

wood is drip free. 

Requirements for Wood for Aquatic or Marine Environments 

For treated wood that will be used in marine or other aquatic or sensitive environments, a double 

vacuum must be used. Following the pressure period, and once the creosote has been pumped back to 

the work tank, a vacuum shall be a pplied for a minimum of one and a half hours at not less than 22 

inches of Hg (560 KPa) (adjusted for elevation) of vacuum to recover excess preservative. Then, 

depending on plant equipment: 1) vacuum for a minimum of one and one-half hours at not less than 22 

inches of Hg (560 KPa) (adjusted for elevation); or 2) steam material for one hour minimum and then 

pull not less than 22 inches of Hg (560 KPa) (adjusted for elevation) vacuum for a minimum of one and 

one half hours. Maximum temperature during steam shall not exceed 240 degrees F (115.5 degrees C), 

as specified in the Best Management Practices (Aug. 2006) issued by the Western Wood Preservers 

Association, Southern Pressure Treaters Association, Timber Piling Council, and Wood Preservation 

Canada. 

Requirements That Must Be Implemented by December 31, 2013 

-For elevated temperature pressure treatment with creosote, automatic, remotely operated devices 

must be used to open, close, lock, and unlock cylinder doors. 

-For ambient creosote treatments, an automatic locking/unlocking device must be used to accomplish 

locking and unlocking of the cylinder door. 

-Mechanical methods must be used to place/remove bridge rails. 

STORAGE AND DISPOSAL 

Do not contaminate water, food or feed by storage or disposal. 

Pesticide Storage: In case of spillage, absorb (with sand, earth, etc.) and dispose of in accordance with 

applicable Federal, State and local regulations. Contaminated materials must be handled and managed 

as a RCRA Hazardous Waste and treated before disposal in an approved landfill. This waste is identified 

by the EPA as a UOS1 hazardous waste and must meet the treatment standards specified in 40 CFR 268 

Subpart D. An RCRA Hazardous Waste Storage permit is required for storage of wastes beyond 90 days. 

Pesticide Disposal: Pesticide wastes are toxic. Improper disposal of excess pesticide or rinsate is a 

violation of Federal law. If these wastes cannot be disposed of by use according to label instructions, 

contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste Representative 

Page 4 of 6 
10

I at the nearest EPA Regional Office for guidance. 

BATCH CODE 

Supplemental Labeling for Creosote-Solution 

EPA Reg. No. 82024-

Creosote (P2) is registered only for pressure treatment of wood. Wood treaters must not knowingly 

pressure treat wood commodities that are not encompassed by the following use category tables, which 

provides examples from the American Wood Protection Association (AWPA) Use Category System, as set 

forth in the most current edition of the AWPA Book of Standards. 

AWPA Commodity Specification: Crossties and Switch Ties 

AWPA Use Category Commodity Examples 

UC 4A, 4B, and 4C Crossties and Switch Ties, produced from all wood species recognized 

by AWPA for this commodity. Manufactured to meet AWPA 

specifications. 

AWPA Commodity Specification: Posts 

AWPA Use Category Commodity Examples 

UC4A Posts, round, y.; and X round for highway construction (including 

guide, sign and sight) and farm fencing. 

UC4B Posts, round, y.; and Y.: round for highway construction (including 

guardrail posts, spacer blocks) and for road salt/brine storage 

Posts, round, Yz and Y.: round for building construction 

Round posts, for structural members in agricultural uses 

AWPA Commodity Specification: Poles 

AWPA Use Category Commodity Examples 

UC 4A, 4B, and 4C Utility poles (including laminated) 

Poles for highway and agricultural construction, lighting, building 

structural use 

Note: poles may be glued-or mechanrcally-Iamrnated 

AWPA Commodity Specification: Piling 

AWPA Use Category I Commodity Examples 

UC4C 1 Foundation and land & Fresh Water Piles 

AWPA Commodity Specification Marine: (Salt Water/Brackish Water) 

Applications 

AWPA Use Category Commodity Examples 

UC SA, 5B, and SC Bulkhead sheathing 

Page S of6 
11

AWPA Use Category 

UC 1, 2, and 38 

UC4A 

UC48 

UC4C 

AWPA Use Category 

UC 1,2, and 38 

UC4A 

UC 48 

UC4C 

Lumber/timbers use, including timbers, cross bracing, and highway 

construction 

Piles for marine applications 

Plywood for bridge and marine construction 

AWPA Commodity Specification: Sawn Products 

Commodity Examples 

Guardrails for highway construction, including for golf course bridges 

meeting highway construction standards 

Lumber/timber for highway construction, including for golf course 

bridges meeting highway construction standards 

Cross arms 

Fence rail (farm/agricultural only, round, X round, Yz round) 

Highway bridge decking (above ground, structural, subject to 

critical/severe decay) 

Road salt/brine storage 

Highway construction materials, including cribbing, lighting 

Piles (structural support construction) 

Posts (sawn 4 sides) for highway construction, farm/agricultural use, 

spacer blocks, important building structural use 

Poles for structural building use 

lumber/timbers (5 inches or greater) for structural use; highway 

construction and cribbing; retaining walls for highway uses; 

residential/business building support 

lumber/ Timbers (2 x 8 inches and/or 3 x 6 inch or greater) for marine 

use (out of water, ground contact, including salt water splash zone) 

Piles for structural support 

AWPA Commodity Specification: Wood Composites 

Commodity Examples 

Composite lumber for structural uses 

Glue- or nail laminated structural members 

Plywood for agriculture, and farm use 

PSl & lVl composite lumber for highway construction 

Members (laminates) 

Plywood for bridge and farm/agricultural use 

Plywood for marine use in salt water splash zones 

Plywood for road salt/brine storage, highway construction materials 

Composite lumber for bridge and highway construction 

Glue-laminate members ('Important structural or saltwater splash) 

Composite (PSl & lVL) lumber highway structural use 

Members (laminates) for critical structural uses 

Note. laminates can be glued or mechanically fastened 

Note: PSL = parallel strand lumber, lVL:: laminated veneer lumber 

Page 6 of 6 
12

OrmAPP!OV ". - <0- " , '",,,,, - . F A ed OMB N 2070 0060 20' 00r7 20-o.-C tO~ 2~70·0t22 2070 0164 

I .... -.~ " UNITED STATES ENVIRONMENTAL PROTECTION AGENCY \l!I!'Z' 1200 Pennsylvania Avenue, N.W. -'" WASHINGTON, D.C. 20460 . --- Paperwork Reduction Act Notice: The pubJjc reporting burden for thiS collection ofinfurrnation is estimated to average t.'::5't.oulJ,x,r resp<..l . .e for ro:.g:Stratio;, . . • 

and 0.25 hours per response for reregistration and spccial review activities, including time for reading the il1Structions and completing the necessary forms, SeD:! 

comments regarding burden estimate or any other aspect of this collection ofinfonnation, including suggestions for reducing the burdcn to: Director, Collection 

Strategies Division (2822n, U.S, Environmental Protection Agency. t200 Pennsylvania Avenue, NW., WashingtOn, DC 20460. Do not send the completed funn 

to this address, 

Certification with Respect to Citation of Data 

ApplicanfsJReQistranfs Name, Address, and Telephone Number EPA R€11istration Number/File Symbol 

Lone Star Specialty Products, LLC 1008 Riva Ridge Dr. Great Falls, VA 22066-1620 703-759-4837 82024-R 

Active Inoredientts) and/or representative test comPOundts) Date 

Creosote Coal Tar Novembtlr t9, aot! 

General Use Pattem{s) (Ust all those claimed for this product usinr:J 40 CFR Part 158) ProdUct Name 

Wood Preservation - Pressure Treatment Creosote Solution 

NOTE; If your product is a 100% repacl<aging of another purchased EPA-registered product labeled for all the same uses on your label, you do not need to 

submit this fonn. You must submit the Fonnulator's Exemption Statement (EPA Fonn 8570·27). 

0 I am responding to a Data-CalHn Notice, and have included 'Nith this fonn a list of companies sent offers of compensation (the Data Matrix fonn shOUld 

be used for this purpose). 

SECTION I: METHOD OF DATA SUPPORT (Check one method onty) 

0 I am using the cite·aU method of support, and have included 'Nith this form [2] I am using the selective method of support (or cite--all option 

a list of companies sent offers 0/ compensation (the Data Matrix form under the selective method), and have included 'Nith this fonn a 

should be used for this purpose). completed list of data reqUirements (the Data Matrix form must be 

used). 

SECnON II: GENERAL OFFER TO PAY 

IRequired if using the cite--all method or when using the cite--all option under the selective method to satisfy one or more data requirements] 

[2] I hereby offer and agree to pay compensation, to other persons, with regard to the approval of this application, to the extent required by FIFRA. 

SECTION lit: CERTlACATlON 

I certify that this app,'lcation for registration, this fonn for reregistration, or th'ls Data·Call·ln response is supported by all data submrtted or cited in the 

application for registration, the form for reregistration, or the Data-CalI-In response. In addition, if the cite-ali option or cite-all option under the selective method is 

indicated in Section I, this application is supported by aU data in the Agency's files that (1) concern the properties or effects ofthis product or an identical or 

substantiaUy Similar product. or one or more of the ingredients in this product; and (2) is a type of data that would be required to be submitted under the data 

reqUirements in effect on the date of approval of this application if the appUcation sought the inilial registration of a product of identical or simllar composition and 

uses. 

I certify that for each exclusive use study cited in support of this registration or reregistration, that I am the original data submitter or that I have obtained 

the written pennission 0/ the original data submitter to cite that study. 

I certify that for each study Cited in support of this registration or reregistration that is not an exclusive use study, either: (a) I am the original data 

submitter; (b) I have obtained the permission of the original data SUbmitter to use the stLKly in support of this application; (c) all periods of eligibility for 

compensation have expired forlhe study; (d) the study is in the public literature; or (e) I have noMed in writing the company that submitted the study and have 

offered (I) to pay compensation to the extent required by sections 3(c)(1)(F) and/or 3(c)(2)(B) of FIFRA; and Qi) to commence negotiations to determine the 

amount and tenns of compensation, if any, to be paid for the use of the sfudy. 

I certify that in all instances where an offer of compensation is required, copies of all offers to pay compensation and evidence of their delivery in 

accordance with sections 3(c)(1)(F) and/or 3(c)(2)(B) of FtFRAare available and 'Nill be submitted to the Agency upon request. Should I fail 10 produce such 

evidence to the Agency upon request, I understand that the Agency may initiate action to deny. cancel or suspend the registration of my product in conformity 'Nith 

FIFRA. 

t certify that the statements I have made on thiS form and all attachments to it are true, accurate, and complete. I acknowledge that any 

knowingly false ormisteading stat/may be punishable by fine or imprisonment or both under applicable law. 

Signature 

~ 1(~~ Date Typed or Printed Name and Title 

11ft9/11 Walter G. TalareklAuthorized Agent 

EPA Form 857Q..34 (12-2003) Ij!lectronic and Paper versions available. Submit only Paper version. 
13

Forni'Xpprov

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

, 

, , 

Paperwork Rcduction Act Notice: Thc public reporting burden for this collection of information is estimated to avcrage 0.25 huurs per rcsponse for rcgisti.;:itfou"ac·iivities and 

rereglstrlltion aud special review activities, including time for reading the instructions and completing Ihe ncccssary forms. Scnd commcnts regarding Ihe burden estimatc or a

collection of Information, including suggestions for reducing tile burden to: Dircctor, OPPE Information Managcmcnt Division (2137), U.S. Environmental Protection Ageucy,

Washin ton, DC 20460. Do not send the form to this address. 

DATA MATRlX (Generic) 

'vate: Novcmber IS,20II EPARel!:,NoJFileSvrnbol: S2024·R 

Applicant'sJRegistrant's Name & Address: Lonc Star SpecIalty Products, LLC Product: Creosote-Solutioll 

P.O. 247 

Lonc Star, TX 75668 

Inl!redicnt: Creosotc 

Guidelille Reference Numbcr Guideline Stud_v Namc MRID Number Submitter Stat

830J550 Product identity and composition 44141204 1456 OL830J600 Starting materials and manufacturing 41597801 54774 OL830J620 process 830J650 

43804901 3008 OL

830,1700 PreliminafY. analysis 44141204 1456 OL830.1750 Certified limits 41597801 54774 OL

43804901 3008 OL

'100.1800 Enforcement analytical method 44141204 1456 OL

44141205 1456 OL

44141206 1456 OL48506601 82024 OW

48622401 82024 OW

830.6300 Reports of mUltiple phys/chem characteristics 44141205 1456 OL

44141206 1456 OL48480802 82024 OW

830.6302 Color 48480802 82024 OW830.6303 Physicftstate 46027001 75341 PA

Signature Name aud Titlc Walter G, Talarek 

Authorized Agent 

r..,. D""" "," m.h< •. __ '. __ •• __ •.•. __ ., ___ ".>t_,-•• ".... " __ .,, n __ ._ .. h_.: •.. 0. __ • __ 1 ••• ____ • T ••• ,, __ ." 
14

Form Approve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

Paperwork Reduction Act Notiee: The pnblie reporting bnrden for this collection of information is estimated to avcrage 0.25 IIOUrs pel' respoase for registration aetivitics and 0

reregistration and special review activities. including time for reading the instructions and eompletiag the necessary forms. Send comments regarding the burden estimate or a

collection ofinformlltion, ineludiug snggestions for reducing the burden to: Directur, OPPE Information Mnnagement Division (2137), U.S. Envirnmnental Protection Agency, 

Washin ton, DC 20460. Do not send the form to this address. 

DATA MATRIX (Generic) 

Date: November 18, 2011 EPA Rcg. No.lFile Symbol: 82024-R 

Applicant'slRegistrant's Name & Addrcss: Lone Star Specinlty Products, LLC Product: Creosote Solution 

P.O. Box 247 Lone Star, TX 75668 

In redient: Creosote 

Guideline Reference Number Guideline StudY Name MRIDNumber Submitter Statu

830.6304 Odor 48480802 82024 OW

830.6313 Stability 48480802 82024 OW830.6315 F1ammabi1Ll)' 48480802 82024 OW

830.6316 Exp10dability 48480802 82024 OW

830.6317 Storage Stability 45355602 63700 PA

45356202 61483 PA

0.6320 Corrosion characteristics 45355602 63700 PA

"--

45356202 61483 PA

830.7000 !pH 48480802 82024 OW830.7220 Boiling point 48480802 82024 OW830.7300 Density/relative density/bulk density 46027001 75341 PA830.7550 Partition coefficient 48480802 82024 OW830.7560 830.7570 

830.7840 Solubility 48480802 82024 OW

830.7860 /' 

Signatore 'JS 42> J! Name and Titlc Walter G. T:darek 

Authorized Agent 

EI'A Form .11;;70·3;; { 97\ "nd Pnner ve",ions Suhmit onlv P9ncr verSion. Agencv lnternaillsc CODY 
15

FOI'm ApPl'ov

• .... v. ",N"V' 

20460. 

( Date: :1' 18, 2011 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

...... _v. for this eollcetion is estimated to average 0.25 hours per 

g timc for rcading the instrnetions and compleline: the neeessal'Y forms. Send 

---

OAT, 

I II.PA RNf. Nn 

Ie burdcn, 

I: 82024-R 

Applieant'slRegistmnt's Name & Address Lone Stat Specialty Products, LLC 

P.O. Box 247 

Product: Creosote Solution 

r, TX 

and 

Guideline Referen :e Number Guidelinl MRID Number Submitter Sta

830.795u Vapor 

Non-C Leaching study for release OJ ___ _ 

from creosote-impregnated wood 

I 850,1(\1(\ A uatic invertebrate acute toxicit 

850. 1075 Fish acute toxicity freshwater (Rainbow "'J 850.1300 

0.1400 

850.1950 

I 

1850.2100 

850.4225 850.4250 

i1l70.1100 

Signature 

I Fish early-lite stage 

Invertebrate life-cycle testing - freshwater 

d study for aquatic 

----'--·'-n study 

Avian acute oral toxicity (quail/duck) 

Seedling emergence dose-response in rice 

Vegetative vigor 

I Acute algal, 

e oral 

e in rice 

'''.Y 

:y - 4 species 

48480802 82024 OV

L-t 

Name and Title Walter G. Talill-ck 

Authorized Agent 

PA

[PA

I OL

EPA Form: ie and e, Submit, !r version. Ageuey Internal Usc Copy 
16

!yorm Aprrove

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON. D.C. 20460 

Paperwork Reductioll Act Notice: The public reporting burden for this collection of information is estimated to average 0.25 IlOlirs per response for registration activities and 0

reregistration and special review activities, including time for reading the instructions and completing the necessary forms. Send comments regarding the burden estimate or a

collection of information, including suggestions for reducing the burden to: Director, OPPE Information Mauagement Dlvisiou (2137), U.S, Environmental Protection Agency, 

Washiugton, DC 20460, Do not send the form to this address. 

Date: November 18, 2011 

Applicant's/Registrant's Name & Address: Lone Star SpeeiHlty PI'oduets, LLC 

P.O, Box 247 

Lone Star, TX 75668 

l!!gredient: Creosote 

Guideline Reference Numbel' Guidetine Study NHme 

870.1200 Acute dermal toxicity 870.1300 Acute inhalation toxicity 

870.2400 Primary ex.e irritation rabbit 870.2500 Prim<'.lfy dermal irritation - rabbit 

DATA MATRIX (Generic) 

EPA Ree. No.!File Symbol: 82024-R 

Product: Creosote Solution 

MRiD Number I Submitter I Stat

43032302 1 63700 1 OL43032303 1 63700 1 OL43032304 1 63700 I OL

43032305 1 63700 I OL

43675201 1 63700 I OL

"70.2600 Dennal sensitization 43675301 63700 OL

0.3250 90-day dermal toxicity - rodent 43616101 63700 OL

870.3465 870.4100 870.6200 870.3700 870.3800 

Signature 

28!90-day inhalation toxicity - rat 

Chronic toxicity 

Developmental toxicity - rat 

2-gs;:neration reproduction - rat 

43616201 63700 OL43601001 163700 I OL43600901 I 63700 I OL

44844401 163700 I PA

43584201 43584202 

44839802 

42893201 

63700 

63700 

63700 

218 

Name and Title Walter G. Talurek 

Authorized Agent 

OLOL

PA

OL

EPA Form 8570-30/(9-97) Electronic !Uld Paper versions available, Submit only Paper version. Agency Internal Usc Copy 
17

. . 

Form Approve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

.. .. 

WASHINGTON, D.C. 20460 · . 

· : · 

- " 

Paperwork Reduetion Act Notice: The public reporting burden fnr this collection ofinformation is estimated to average 0.25 honn per response for registratioll activities and 0

reregistration and special review activities, illcluding time for rcadillg the instructions and completing the Ilceessary forms. Send comments regarding the burden estimate or a

collection ofillformation, including suggestions for reducing the burden to: Director, OPPE Information Management Division (2137), U.S. Enviroumental Protection Agency, 

Washin ton, DC 20460. Do not send the form to this address. 

DATA MATRIX (Generic) 

'uate: November 18, 2011 EPA RelL NoJFile Svmbot: 82024-R 

Appllcallt's/Registrant's Name & Address: Lone Star Speeialty Prodncts, LLC Prod net: Creosote SotutiOIl 

P.O. Box 247 

Lone Star, TX 75668 

Inp"rediellt: Creosote 

GuideJllle Reference Number GUideline Studv Name MRlDNumber Submitter Stat

44839801 63700 PA

870.4200 Oncogenicity 44844401 63700 PA

8705450 Rat dominant lethal testing 43941702 63700 OL

870.7600 Dermal absoJ;tion 47179501 63700 PA

47179502 63700 PA

Guideline Series 875 Creosote Council Study - Exnosure 45323401 63700 PA

Non-Guideline Creosote protective clothing permeability study 46603501 63700 PA

-

Siguature 'f0i; 1oJ)HfC Name and Title Walter G. Talarek 

Authorized Agent &'". IO'n __ "",..,ll ..,,, Ill.." r.lnn'_n_.n n_.' .. n __ ' ____ .. _<l_I.In " .... _ .. n_I •• D ___ •.•. __ "'n .. • ____ •. 1 •••• ___ I • rnM •. 
18

Form Approve

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

Pllperwork Reduction Act Notice: The public reporting burden for this collection ofinforrnation is estimated to average 0.25 hours per response for rcgistratioll activities and 0

reregistration and special review activities, including time for reading the instructions and completing the neCCJ;sary forms, Send comments regarding the borden estimate or a

collection ofjnformation, including suggestions for reducing the burden to: Director, OPPE Information Mllllagcmcnt Division (2}37), U.S, EuvirOlimental Protection Agency, 

Washiu ton, DC 20460. Do not send the form to this address. 

DATA MATRIX 

".,.ate: November 18, 2011 EPA ReI!. NoJFile 

Applieant'slRegislrallt's Name & Address: Lnne Star Specialty Products, LLC Product: Creosote SOilltiOIl 

P.O. Dox 247 Lone Star, TX 75668 

In'rediellt: Creosote 

Guideline Reference Number Goideline Study Name MRID NUlUber Submitter Stat

Guideline Series 810 Efficacy 48501201 82024 OW

830.1550 Product identity and composition 48445301 82024 OW

830.1600 Description of materials used to produce product 48445301 82024 OW

830.1620 Description of production process 48445301 82024 OW

830.1670 Discussion oHonnation of impurities 48445301 82024 OW

830.1700 Preliminary analysis 44141204 1456 OL

i- 44141205 1456 OL

48445302 82024 OW

48445304 82024 OW

830.1750 CertifIed limits 48445303 82024 OW830.1800 Enforcement analytical method 44141204 1456 OL

48506601 82024 OW

48622401 82024 OW

830.6300 Reports of multiple phys(chem characteristics 44141205 1456 OL

44141206 1456 OL

./ 48480802 82024 OW

Sigoature I -:---} 1./ Name aud Title Wlliter G. Talarek 

EPA Form 8570-35(9-971 E eetronie alldPn .. ----, - ___ "._ ... L " __ L ___ '. __ ____ .... _, _ 

---

._ , __ • _____ • ., .. f"o 

f p' 
19

" 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Form Approvc

... " 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

- - - 

Paperwork Reduction Act Notice: The public rcportillg burden for this collection or information is estimated to average 0.25 hours pcr response for registrat[oL: activ>1ics 

reregistration and special review activities, inCluding time for reading tbe instructions Dlld eompJeting the necessary forms. Send comments regarding tile burilen csfLmute or a

collection of in for mati 011, including suggestions fur reducing the burden 10: Director, OPPE Infol"Lnation ManugeLncnt Division (2137), U.S. Environmental Protection Agency, 

Washing!on, DC 20460. Do not send the fornL to this address. 

DATA MATRIX-<,ProductMSpecific) 

te: November 18,2011 EPA RI!I!. NoJFlle §ymbol: 82024-R 

'Applleant's/Rel,,'islrllllt's Name & Address: Lone Star Specialty Produets, LLC Product: Creosote Solutiou 

P.O. Box 247 

Lone Star, TX 75668 

Ingredient: Creosote 

Guideline Reference Number Guideline Study_Name MRIDNumber Submitter Stnt

830_6302 Color 48480802 82024 OW

830.6303 Physical state 46027001 75341 PA830_6304 Odor 48480802 82024 OW830_6313 Stability 48480802 82024 OW830.6314 Oxidation/reduction: chemical reaction 830.6315 Flammability 48480802 82024 OW830.6316 Explodability 48480802 82024 OW

830.6317 Storage Stability 45356202 61483 PA

)_6319 Miscibility 

1530.6320 Corrosion characteristics 45356202 61483 PA

830_6321 Dielectric breakdown voltage 830_7000 pH 48480802 82024 OW830.7050 UV/visible absorption 

830_7100 Viscosity 48480802 82024 OW

830_7300 Density/relative density/bUlk density 46027001 75341 PA

830.7520 Particle size, fiber length, and diameter PA

distribution 

Sigoature })vrifJJ Name and TItle Walter G, Talarek 

Autborized Agent ErA-Form (9-97fElecln:liiic and Paper versions available. Sllbmit only Paper version. 

-

Agency Internal Use Copy 
20

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

Form 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

-

Paperwork Reduction Act Notice: The puhHe reporting hurden fur this eol[tetiou ofinformalionls estimated to average 0.25 honrs per response for regislralior:,aetivi"<ies 

reregistration and spteial review aelivities, inelnding time for reading the instructions and completing the nteessary forms. Send comments regarding the bnrden' estlmite or a

eolltclion of information, includIng suggestions for reducing tbe hnrdtn to: Direelor, OPPE Information Management Division (2137), U.S. Environmental Protection Ageuey, 

DC 20460. Do not send the form to this address. 

DATA MATRIX (ProductMSnecific) 

Ie: November 18, 2011 EPA RMY. No.!Filt Svmbol: 82024-R 

"Applieant's/Regislrant's Name & Address: Lone Star Sptclalty Producls, LLC Product: Creosote Solution 

P.O. BOK247 

Lone Slar, TX 75668 

In"redicnt: Creosote 

Guideline Reference Number Guideline Sludv Name MRID Number Submitter Statu

870-1100 Acute oral toxicity 43032301 63700 OL870-1200 Acute dennal toxicity 43032302 63700 OL870.1300 Acute inhalation toxicity 43032303 63700 OL870.2400 Primary eye irritation rabbit 43032304 63700 OL870.2500 Primary dermal irritation - rabbit 43032305 63700 OL870.2600 Dennal sensitization 43675301 63700 OL

43675201 63700 OL

Signature Nmne and Title Waller G. Talal'ek 

AnthOlized Agent 

EPA Fm'm 1I<;711.JC' /9_971 Fltetronle Jlml PaDer versions Submit onlv Psnel version. Af'enev Con\' 
21

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Creosote Council III 

11S0 18th Street, N.W. 

Suite 1000 

Washington, DC 20036 

Dear Madam or Sir: 

I am writing to your on behalf oflone Star Specialty Products, llC oflone Star, Texas ("lone Star"). lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act (IFlFRA") to the U.s. 

Environmental Protection Agency ("EPAN

) for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products forthe pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, Lone Star is using the selective method of 

data support with the cite-all option. In this regard, Lone Star is citing and relying on certain data 

identified as belonging to your consortium. The data upon which Lone Star is relying and the OCSPP 

guideline numbers that the data address are as follows: 

1. oesPP 830.6317 and 830.6320 - MRID 45355601; Sparacino (1999); Research Triangle Institute; 

Lab Project Number: 70C-6939/7674: RTI/6939/7674; 

2. DesPP 830.6317 and 830.6320 - MRID 45355602; Sparacino (1999); Research Triangle Institute; 

Lab Project Number: 70C-6939/7674: RTI/6939/7674; 

3. oespp 870.3700 - MRID 44839802; York (1994); International Research & Development Corp.; 

Lab Project Number: 672-002; 

4. DeSpp 870.3800 - MRlD 44839801; York (1995); International Research & Development Corp.; 

Lab Project Number: 672-006; 

5. oespp 870.4100 and 870.4200 - MRID 44844401; Nass (1996); Wi! Research Laboratories, Inc.; 

WIL-10000S & WIL-10000SA; 

6. OCSPP 870.7600 - MRID 47179501; Fasano (2007); E.!. DuPont de Nemours and Co.; 16303, 

1378, Dupont/19622; 

7. oespp 870.7600 - MRID 47179502; Fasano (2007); E.!. DuPont de Nemours and Co.; 

Dupontj21647, 16308, 1377; 

Page 1 013 
22

8. oespp Guideline Series 875 - MRID 45323401; Bookbinder (2001); American Agricultural 

Services, Inc. and En~Cas laboratories; AA990308: 98~0079; and 

9. Non-Guideline - Creosote Permeability Study - MRID 46603501; Hooton, D. (2P04); Midwp.st 

Research Institute; Project Number 310361/1/003. ' 

Forthe above studies identified by MRID number and for which you require compensation, please 

provide the following information for each study: 

1. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

2. Certification of access to raw data; 

3. Proof of EPA's acceptance of the study as satisfying the applicable gUideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

4. Actual cost of each study, along with receipt the invoice for each study and an explanation of 

how each cost figure was derived; 

5. Total compensation received to date forthe study, including payments received from former 

and current members of Creosote Council I, Creosote Council II and Creosote Council III and 

others who were not members of these consortiums, and the total number of persons paying 

such compensation; 

6. If past compensation and other payments were calculated on a basis other than a per capita 

basis, the basis or bases used to calculate the amount of compensation and payments owed; 

and 

7. Compensation sought from Lone Star for each study, with your rationale for how the 

compensation was computed. 

For the above data cited by MRID number, Lone Star hereby offers to pay compensation to the extent 

required by FIFRA section 3(c){1)(F), and offers to commence negotiations to determine the amount and 

terms of compensation, if any, to be used for the use of the data. 

In addition, Lone Star has identified three data requirements listed in the Creosote Reregistration 

Eligibility Decision ("RED") and EPA's regulations for which it is using the cite~all method of data support, 

and which are listed as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatij: structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739~R-08~007; 

September 2008); 

3. Leaching study for release of creosote components from creosote~impregnated wood (non~ 

guideline). This data requirement was identified in the Creosote RED. 

Your consortium was listed on EPA's Data Submitters List under PC Code 2S004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

1. Title of study; 

2. Master Record Identification Number; 

Page 20f3 
23

3. Formulation on which the study was conducted, i.e., name and percentage of active ingredient 

and relevant AWPA Standard; 

4. AuthorofstudYi 

5. Name of laboratory which conducted the studYi 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review ofthe study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipt the invoice for each study and an explanation of 

how each cost figure was derived; 

12. Total compensation received to date forthe study, including payments received from former 

and current members of Creosote Council I, Creosote Council II and Creosote Council III and 

others who were not members of these consortiums, and the number of persons paying such 

compensation; 

13. If past compensation and other payments were calculated on a basis other than a per capita 

basis, the basis or bases used to calculate the amount of compensation and payments owed; 

and 

14. Compensation sought from Lone Star for each study, with your rationale for how the 

compensation was computed. 

If your consortium owns data addressing the above three data requirements, Lone Star hereby offers to 

pay compensation to the extent required by FIFRA section 3(c)(1)(F), and offers to commence 

negotiations to determine the amount and terms of compensation, if any, to be used for the use of the 

data. 

Nothing in this letter should be construed to waive Lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Walter G. alarek 

Authorized Agent 

Lone Star Specialty Products, LLC 

Page 30f3 
24

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759·4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19,2011 

OElIVEREO BY CERTIFIEO MAIL- RETURN RECEIPT REQUE5TEO 

Osmose Utilities Services, Inc. 

980 EllicottStreet 

Buffalo, NY 14209 

Dear Madam or Sir: 

I am writing to your on behalf of lone Star Specialty Products, llC of lone Star, Texas ("lone Star"). Lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 2Soo4) as the sole active ingredient. 

In applying for registrations for its two creosote products, lone Star is using the selective method of 

data support with the cite-all option. In this regard, Lone Star is citing and relying on certain specified 

data belonging to your company to fulfill OCSPP Guideline Numbers 830.6303 and 830.7300, as follows: 

MRID 46027001; Muchow (2003); Osmose Utilities Services, Inc.; Osmose/2003/2, ORD/12CfO. 

If you require compensation for the above study identified by MRID number, please provide the 

fo11owing information for the study: 

1. Certification that the study was conducted in accordance with EPA's Good Laboratory Practice 

Standards regulations at 40 CFR Part 160; 

2. Certification of access to raw data; 

3. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

4. Actual cost of the study, along with receipts and an explanation of how each cost figure was 

derived; 

S. Compensation received to date for the study, and number of persons paying such 

compensation; and 

6. Compensation sought from Lone Star for the study, with your rationale for how the 

compensation was calculated. 

Page 1 of2 
25

For the above data cited by MRID number, Lone Star hereby offers to pay compensation to the extent 

required by FIFRA section 3(c}(1)(Fl, and offers to commence negotiations to d'!-terr;line th2 om..:>i.lnt atl(', 

terms of compensation, if any, to be used for the use of the data. ' 

Nothing in this letter should be construed to waive Lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

SinrVVOj:t: 

Walter G Talarek 

Authorized Agent 

Lone Star Specialty Products, LLC 

Page 2 of2 
26

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DEUVERED BY CERTIFIED MAll- RETURN RECEIPT REQUESTED 

KMG-Bernuth, Inc. 

9555 W. Sam Houston Pkwy. South 

5uite 600 

Houston, TX 77099 

Dear Madam or Sir: 

I am writing to your on behalf of lone Star Specialty Products, llC of lone Star, Texas ("lone Star"). lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sale active ingredient. 

In applying for registrations for its two creosote products, lone Star is using the selective method of 

data support with the cite-all option. In this regard, lone Star is citing and relying on certain specified 

. data belonging to your company to fulfill certain OCSPP data requirements, as follows: 

1. OCSPP 830.6317 and 830.6320 MRID 45356201; Sparacino (1999); Research Triangle Institute; 

70C-6939/7674: RTI/6939/7674and 

2. MRID 45356202; Sparacino (1999); Research Triangle Institute; 7OC-6939/7674: RTI/6939/7674. 

For the above studies identified by MRID number and for which you require compensation, please 

provide the following information for each study: 

1. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

2. Certification of access to raw data; 

3. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

4. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

5. Compensation received to date for the study, and number of persons paying such 

compensationj and 

Page 1 012 
27

6. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the above data cited by MRID number, Lone Star hereby offers to pay comr:cmc:tlon to the ~xlent 

required by FIFRA section 3(c)(1)(F), and offers to commence negotiations to determine the amount and 

terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive Lone Stars position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part,. for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

,.,' 

Authorized Agent 

Lone Star Specialty Products, LLC 

Page 2 of2 
28

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066~1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Spray Drift Task Force 

1900 KStreet, N.W. 

Washington, DC 20006 

Dear Madam or Sir: 

I am writing to your on behalf of Lone Star Specialty Products, LLC of lone Star, Texas ("Lone Star"). lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.s. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, lone Star is using the selective method of 

data support with the cite-all option. In this regard, lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study foraquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007; 

September 2008); 

3. Leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters list under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. Title of study; 

2. Master Record Identification Number; 

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

Page 10f2 
29

4. Author of study; 

5. Name of Laboratory which conducted the study; 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good Laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review ofthe study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from Lone Star for each study, with your rationale for how the 

compensation was computed. 

Forthe data in EPA's files that you own which addresses the three above-identified data requirements 

for which Lone Star is using the cite-all option, Lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3{c){1){F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive Lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Walter . Talarek 

Authori ed Agent 

Lone Star Specialty Products, LLC 

Page 2 of2 
30

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL RETURN RECEIPT REQUESTED 

RutgersVFT 

9555 W. Sam Houston Pkwy. S. 

#600 

Houston, TX 77099 

Dear Madam or Sir: 

I am writing to your on behalf I?f Lone Star Specialty Products, LLC of Lone Star, Texas ("Lone Star"). Lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FlFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products forthe pressure treatment of wood and contain coal tar 

creosote {PC Code 25004} as the sole active Ingredient. 

In applying for registrations for its two creosote products, Lone Star is using the selective method of 

data support with the cite-all option. In this regard, Lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007; 

September 2008); 

3. Leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters List under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. Title of study; 

2. Master Record Identification Number; 

Page 1 of2 
31

3. Formulation on which the study was conducted, i. e, name and percentage ot active ingmdient 

and relevant AWPA Standard; 

4. Author of study; 

s. Name of laboratory which conducted the study; 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good Laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's Scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above-identified data requirements 

for which Lone Star is using the cite~all option, Lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c){1)(F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive Lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Sincerely yours, 

WalterG. alarek 

Authorized Agent 

lone Star Specialty Products, llC 

Page 2 of2 
32

LAW OFACES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066·1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Koppers, Inc. 

436 Seventh Avenue 

K·1800 

Pittsburgh, PA 15219 

Dear Madam or Sir: 

I am writing to your on behalf of lone Star Specialty Products, llC of lone Star, Texas ("lone Star'). Lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the u.s. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, lone Star is using the selective method of 

data support with the cite-all option. In this regard, lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are fisted 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007; 

September 2008); 

3. leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters Ust under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. Title of study; 

2. Master Record Identification Number; 

Page 10f2 
33

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

4. Author of study; 

5. Name of laboratory which conducted the study; 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above-identified data requirements 

for which lone Star is using the cite-ali option, lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3{c){1j{F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be ,required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Sincerely yours 

Walter . Talarek 

Authorized Agent 

Lone Star Specialty Products, LLC 

Page 2 of2 
34

lAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066~1620 

PHONE: 703~759-4837 

FAX: 703~759~5548 

E~MAIL: wtalarek@verlzon.net 

November 19,2011 

DELIVERED BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Engineering 

P.O. Box 2497 

Inverness, FL 32651 

Dear Madam or Sir: 

I am writing to your on behalf of Lone Star Specialty Products, LLC of Lone Star, Texas ("Lone Star"). Lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote~Solution 

products. These products are end~use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, Lone Star is using the selective method of 

data support with the cite-all option. In this regard, Lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite~all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or Simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739~R~08~007; 

September 2008); 

3. Leaching study for release of creosote components from creosote~impregnated wood (non~ 

guideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters List under PC Code 2S004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. Title of study; 

2. Master Record Identification Number; 

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

Pagelof2 
35

4. Author of study; 

5. Name of Laboratory which conducted the study; 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good Laboratory Practice 

Standards regulations at40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

Forthe data in EPA's files that you own which addresses the three above-identified data requirements 

for which Lone Star is using the cite-all option, Lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3{c}(1)(F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive lone Star's position that it reserves the right forand 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much fOr your cooperation. 

Sincerely you , 

J~ Walter . Talarek 

Authorized Agent 

lone Star Specialty Products, LLC 

Page2of2 
36

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great FaUs, VA 22066w1620 

PHONE: 703w7S9w4837 

FAX: 703w759wSS48 

EwMAll: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

1. Schneid 

P.O. Box 16247 

Atlanta, GA 30321 

Dear Madam or Sir; 

" , 

I am writing to your on behalf of Lone Star Specialty Products, llC of lone Star, Texas ("lone Star"). lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the u.s. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, Lone Star is using the selective method of 

data support with the cite-aU option. In this regard, Lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the citewall method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED {EPA 739--Rw08w007; 

September 2008)i 

3. leaching study for release of creosote components from creosote-impregnated wood (nonw 

guideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters list under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

information: 

1. Title of study; 

2. Master Record Identification Number; 

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPAStandard; 

Page 1 of2 
37

4. Author of study; 

5. Name of Laboratorywhich conducted the study; 

6. Date study was conducted; , ) 

, 

, 7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good Lab~~atory Pra'ctice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from Lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above-identified data requirements 

for which Lone Star is using the cite-all option, Lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c)(1)(F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive Lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Sincerely yo 

Authorized Agent 

Lone Star Specialty Products, LLC 

Page 2 of2 
38

lAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19,2011 

DELIVERED BY CERTIFIED MAll- RETURN RECEIPT REQUESTED 

Reilly Industries, Inc. 

300 North Meridian Street 

Suite 1S00 

Indianapolis, IN 46204 

Dear Madam or Sir: 

I am writing to your on behalf of lone Star Specialty Products, llC of lone Star, Texas ("Lone Star"). Lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, Lone Star is using the selective method of 

data support with the cite-all option. In this regard, Lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7S20); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 

8S0.1950). This data requirement was Identified in the Creosote,RED (EPA 739-R-08-007; 

September 2008); 

3. Leaching study for release of creosote components from creosote-impregnated wood (nongUideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters List under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

If you own data in EPA's files which address these three data requirements, please provide the following 

Information: 

1. TItle of study; 

2. Master Record Identification Number; 

Page 10f2 
39

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

4. Author of study; 

5. Name of laboratory which conducted the study; " , 

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Good laboratory Practice 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review ofthe study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA's files that you own which addresses the three above-identified data requirements 

for which lone Star is using the cite-all option, lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c)(1)(F), and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive Lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

SinCereIYYOJ~ 

Authorized Agent 

lone Star Specialty Products, llC 

Page 20f2 

" , 

, 

, 

" , 
40

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great FaITs, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtatarek@verizon.net 

November 19,2011 

DELIVERED BY CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

Trenton Sales, Inc. 

P.O. Box 155352 

lufkin, TX 75912 

Dear Madam or 5ir: 

I am writing to your on behalf of Lone Star Specialty Products, llC of Lone Star, Texas ("Lone Star"). lone 

Star has applied under the Federal InsectiCide, Rodenticide, and Fungicide Act ("FIFRA") to the u.s. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sale active ingredient. 

In applying for registrations for its two creosote products, Lone Star is using the selective method of 

data support with the cite-all option. In this regard, lone 5tar has identified three data requirements 

listed in the Creosote RED for which it is using the cite-all method of data support, and which are listed 

as follows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified In the Creosote RED (EPA 739-R-08-007; 

September 200B)i 

3. Leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters Ust under PC Code 25004 as owning data for which 

you would like to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

1. Title of study; 

2. Master Record Identification Number; 

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

4. Author of study; 

S. Name of laboratory which conducted the studYi 

6. Date study was conducted; 

Page 10f2 

'. 
41

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Goed 4~oratOl Y,Pr,&,(:tice 

Standards regulations at 40 CFR Part 160; ; ;; 

9. Certification of access to raw data; , ~ , 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific revIew of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from lone Star for each study, with your rationale for how the 

compensation was computed. 

For the data in EPA'S files that you own which addresses the three above-identified data requirements 

for which lone Star is using the cite-ali option, lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c)(I)(F), and offers to commence negotiations to determine the 

amount and terms of compensatlon, if any, to be used for the use of the data. 

Nothing in this letter should be construed to waive lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Sincerely yours 

Authorized Agent 

lone Star Specialty Products,llC 

Page 2 of2 
42

LAW OFFICES OF 

WALTER G. TALAREK, PC 

1008 Riva Ridge Drive 

Great Falls, VA 22066-1620 

PHONE: 703-759-4837 

FAX: 703-759-5548 

E-MAIL: wtalarek@verizon.net 

November 19, 2011 

DELIVERED BY CERTIFIED MAIL- RETURN RECEIPT REQUESTED 

Coopers Creek Chemical Corp. 

W/S River Road 

West Conshohocken, PA 19428 

Dear Madam or Sir: 

I am writing toyour on behalf of lone Star Specialty Products, LLC of lone Star, Texas ("lone Star"). lone 

Star has applied under the Federal Insecticide, Rodenticide, and Fungicide Act ("FIFRA") to the U.S. 

Environmental Protection Agency ("EPA") for the registration of its Creosote Oil and Creosote-Solution 

products. These products are end-use products for the pressure treatment of wood and contain coal tar 

creosote (PC Code 25004) as the sole active ingredient. 

In applying for registrations for its two creosote products, lone Star is using the selective method of 

data support with the cite-al1 option. In this regard, Lone Star has identified three data requirements 

listed in the Creosote RED for which it is using the cite-al1 method of data support, and which are listed 

asfol1ows: 

1. Particle size, fiber length, and diameter distribution (OPPTS 830.7520); 

2. Field study or simulated study for aquatic structures, sediment concentration study (OPPTS 

850.1950). This data requirement was identified in the Creosote RED (EPA 739-R-08-007i 

September 2008); 

3. Leaching study for release of creosote components from creosote-impregnated wood (nonguideline). This data requirement was identified in the Creosote RED. 

Your company was listed on EPA's Data Submitters List under PC Code 25004 as owning data for which 

you would Hke to be offered compensation. In this regard, if you own data in EPA's files which address 

these three data requirements, please provide the following information: 

1. Title of study; 

2. Master Record Identification Number; 

3. Formulation on which the study was conducted, i. e, name and percentage of active ingredient 

and relevant AWPA Standard; 

4. Author of study; 

5. Name of Laboratory which conducted the study; 

Page 1 of2 
43

6. Date study was conducted; 

7. Date study was submitted to EPA; 

8. Certification that the study was conducted in accordance with EPA's Goo>1 lab:oratory Prddicp. 

Standards regulations at 40 CFR Part 160; 

9. Certification of access to raw data; 

10. Proof of EPA's acceptance of the study as satisfying the applicable guideline, as indicated in 

EPA's scientific review of the study, data evaluation review or in registration or reregistration 

correspondence; 

11. Actual cost of each study, along with receipts and an explanation of how each cost figure was 

derived; 

12. Compensation received to date for the study, and number of persons paying such 

compensation; and 

13. Compensation sought from Lone Star for each study, with your rationale for how the 

compensation was computed. 

Forthe data in EPA's files that you own which addresses the three aboveMidentified data requirements 

for which Lone Star is using the citeMatt option, Lone Star hereby offers to pay compensation to the 

extent required by FIFRA section 3(c)(1)(Fl, and offers to commence negotiations to determine the 

amount and terms of compensation, if any, to be used forthe use of the data. 

Nothing in this letter should be construed to waive Lone Star's position that it reserves the right for and 

intends to take in negotiations and arbitration that compensation may not be due, either in whole or in 

part, for one or more such studies on the basis of certain compensability screens found in the pertinent 

regulations or established in past arbitration decisions. Further, Lone Star reserves the right to withdraw 

its applications for registration at any time and not be required to pay compensation under FIFRA. 

Thank you very much for your cooperation. 

Sincerely yours 

Authorized Agent 

Lone Star Specialty Products, LLC 

Page 2 of2 
44

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

pcr rcsponsc 

thc instructions and completing the ncccssary forms. Scud comments regarding tile bnrdcu estimate or a

burden to: Director, OPPE Information Mauagemcnt Division (2137), U.S. Enviroumcntal Protection Agcucy, 

• "1plicnnt's/Registran!'s Namc & Address: Lone Star Spccialty Products, LLC 

P.O. Box 247 

Signature 

Product: Creosotc-Solntion 

Namc and Title Walter G. Talal'ck 

Authorized Ageut 

OL
45

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON,D.C. 20460 

reading the instructions lind completing tbe necessary forms. Send 

the burden to: Director, OPPE Information Managemeat Division (2137), U.S. 

1'-- plieant's/Registrant's Name & Address: Lone Star Specialty Products, LLC 

P.O. Box 247 

Prodncl: Creosote Solntion 

Signature Name and Title Walter G. Talllrek 

Authorized Agent 

or a

Agency, 
46

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

avcragc U.25 houl's per response for registration activities and U

thc instructions and complcting the necessary forms. Send comments regarding thc burden estimatc or a

to: Director, OPPE Information Management Division (2137), U.S. Environmental Protection Agency, 

_lllicaut'slRegistrant's Nmne & Address Lone Stur Specialty Products, LLC 

P.O. Box 247 

Product: Creosote Solution 

Signature Namc and Title WalterG. Tatarek 

Authorized Agent 

PA
47

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street. S.W. 

"h.l'plieaut'S/Registlllut's Name & Address: Lone Star Specialty Products, LLC 

P.O. Box 247 

Signature 

WASHINGTON, D.C. 20460 

regarding the burden estimate or an

U.S. Environmental Protection Agency, 

Prodoet: Creosote Solution 

218 

Name and 'ntle Walter G. Talarek 

Authorized Agent 

OL
48

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

the Instructions and eompleting 

to: Director, OPPE Information Managemcnt Division (2137), u.s. Environmcutal Protection Agency, 

"oIiCllnt's/Registrant's Name & Address: Lone Star Specialty Produets, LLC 

P,O. Box 247 

Product: Creosote Solution 

SiguHlure Name Hnrl Title Walter G. Talareh 

Authorized Agent 
49

i Lone Star Specialty Products Creosote Solution (82024-R) and Creosote Oil (820243-E) 

{'ite~~ ::alter Talarej( 

,,%,,,,,,#k Juan Negron 

10112/201103:57 PM 

Cc: 

chris smith 

Hide Details 

From: Walter Talarek <wtalarek@verizon.net> 

To: Juan Negron/DC/uSEPAlUS@EPA 

Cc: chris smith <chris@lonestarspecialties.net> 

Please respond to Walter Talarek <wtalarek@verizon.net> 

3 Attachments 

1rnlI-

~--'-

Scan _Doc0082.pdf Scan _ Doc0084.pdf Scan _ Doc0083.pdf 

CONTAINS CONFIDENTIAL BUSINESS INFORMATION 

Dear Juan, 

Page 1 of2 

It was my pleasure speaking with you today concerning how Lone Star Specialty Products, Inc. (Lone Star) is 

addressing certain product chemistry data requirements in support of its applications for registration of Creosote 

Solution, EPA File Symbo182024~R and Creosote Oil, EPA File Symbo182024~E. In response to your request, 

I am providing the following information and the attached data and information. 

With regard to the enforcement analytical method data requirement, OCSPP 830.1800, Lone Star has cited the 

data submitted previously by Reilly Industries, the previous owner of its Lone Star, Texas facility, and has ./' 

submitted a MS/GC method. The Reilly data cited for Lone Star's Creosote Solution are MRIDs 44141204, 

44141205~d 4414120MThe Reilly data cited for Lone Star's Creosote Oil are 44141201';"44141202 and 

44141203:-1'he MS/GC method submitted by Lone Star is MRID 48506601. In addition, as we discussed, I have 

attached to this e-mail a copy ofAWPA Standard AI-06. This standard contains a flame distillation method that 

can be used by EPA for enforcement. This is the method that the industry uses to ensure that its creosote 

products conform to AWPA standards. Lone Star also will be submitting this method through EPA's front-end 

unit and getting a MRID number for it. 

With regard to the preliminary analysis data requirement, OCSPP 830.1750, Lone Star has cited the data 

file :IIC:\Documents and Settines\ineero02\Local Settinrrs\ Temn\notp.sR7944 R\~Wf'h794? htm lnl11I'Jnli 
50

Page 2 of2 

submitted previously by Reilly Indus ..... ~~'s and has submitted two studies of its ow~. The Reilly Industries data 

cited for Lone Star's Creosote Solution are MRlDs 44141204 and 44141205. The Reilly Industries data cited for 

Lone Star's Creosote Oil are MRIDs 44141201 and 44141202. The data submitted by Lone Star are MRIDs 

48445302 and 48445304. MRID 48445302 contains an analysis of Lone Star's Creosote Oil and lists and 

quantifies the product's components. MRID 48445304 contains analyses of AWPA Standard PIIP13and AWPA 

Standard P2 creosote products produced prior to September 4, 2007, at Lone Star's Lone Star, Texas facility. 

This facility belonged to Reilly Industries prior to this date. The analyses were conducted according to the 

A WP A Standards A 1 in effect at the time. 

Next, turning the Confidential Statements of Fonnula (CSFs) for the products. I have attached to this e-mail 

revised CSFs. The revised CSFs have new information in Boxes 7, 8 and 9. Box 7 now contains specific 

gravity values that are based on the data contained in MRlD 48445304. The values are the averages of the first 

five values for each product found in this MRID. See pages 5 to 9 for the Creosote Oil (PIIP13) data and pages 

14 to 18 for the CreosOte Solution (P2) data. If two values are shown for specific gravity on a page, the second 

value is the correct value. 

With regard to Box 8 on the CSFs, i.e., pH, Lone Star has revised the box to state that the requirement is not 

applicable (NA). The requirement is not applicable because creosote is not soluble or dispersible in water. 

With regard to Box 9 on the CSFs, Le., flash point/flame extension, Lone Star has revised the box to state that 

the requirement is not applicable. The requirement is not applicable because the open literature indicates that 

the flash point for creosote is greater than 93.3 degrees C (greater than 200 degrees F), and EPA's Label Review 

Manual (LRM) indicates that at this temperature a product is not flmmable. See page 9-2 of the LRM. 

1 hope this information and data will now allow you to complete a favorable review of Lone Star's applications 

for registration. 

Sincerely, 

Walt 

Walter G. Talarek 

Authorized Agent 

Lone Star Specialty Products, Inc. 

703·759-4837 

NOTICE: This electronic mail transmission may constitute an attorney-client communication that is privileged at law. It is nol 

intended for transmission to, or receipt by, any unauthorized persons. If you have received this eieclronic mail transmission in elTor, 

please delele it from your system without copying it, and notify the sender by reply e-mail, so that our address record can be corrected. 

file:IIC:\Documents and Settings\jnegro02\Local Settings\ T ernp\notes87944 B\-web 7942.htrn 1011 3/20 11 
51

AI-06 AMERICAN WOOD PROTECTION ASSOCIATION STANDARD 

02010 All Rights Re,elved 

-----~:....-.-----.-------

STANDARD METHODS FOR ANALYSIS OF CREOSOTE AND OIL-TYPE PIlESERVAlIVES 

Jud,diqion: AWPA Subcommit!ee P-S 

Reaffumed in :2000, amended in 2006. 

This AWPA Standard Is promulgated according to an open, consen,us procedure. 

Pages 51-61 - * Copyrighted information*
62

PRIA 2 - 21 Day Content Screen Review Worksheet 

(EPA/OPP Use Only) 

3/23/09 

21 Day Screen Start Date: -'Or:H1J/"'o'-!'j-,!I.!JII_"'c-o,----_-c---,-__ ~ Experts In-Processing Signature: \H'OoiKV QcaodtJVV DateC!:t/ldll Fee Paid: Yes 

Division management contacted on issues No Yes Date ______ _ 

EPA Reg. Number: .~.;J 0 Q't - R EPA Receipt Date: Dt..! /Or/ Ii 

1 

2 

3 

4 

5 

Items for Review 

Application Form (EPA Form 8570-1)(link to form) signed & complete 

including package type 

Yes No N/A* 

Confidential Statement of Formula all boxes completed, form signed, and X 

a) All inerts (link to http://www.epa.gov/opprdOOllinensl), 

including fragrances, approved for the proposed uses (see 

Footnote 

Certification with Respect to Citation of Data (EPA Fonn 8570-34) (Link to 

form) completed and signed (N/A if 100% repack) 

Certificate and data matrix consistent 

If applicant is reI ying on data that are compensable, is the offer 

to pay statement included. (see Footnote B) 

If is 

yes no 

completed and (N/A if source is unregistered or applicant owns the 

Data Matrix (EPA Form 8570-35) (Link to form) both internal and external 

copies cPR 98-5) (Link to PR 98-5) completed and signed (NI A if 100% 

Selective Method (Fee 

b) Cite-All (Fee category experts use) 

c) Applicant owns all data (Fee category experts use) 

x 

5 Copies of Label (link to htlp:llwww.epa.gov/oppfeadlllabeIing!!rmD 

6 (Electronic labels on CD are encouraged and guidance is available)( link to X 

http://www.epa.gov/pesticides/regulatinglregistering/submissions/index.htm#labels 

1 
63

7 Is the data package consistent with PR Notice 86~5 (link to PRN 86-5) X 

Notice of Filing (link to 

8 htt(!://www.eI!a.gov/l!£sticides/regulatimutolerance I!etitions.htm) included 

with petitions (link to X 

httl"i/www.eoa.2ov/pesticides/rel!Ulatin2/tolerances.htm) 

9 If applicable for conventional applications, reduced risk rationale (link to 

http://www.epa.gov/opprdOOllworkplan/reducedrisk.htmI) X 

Required Data (link to 

httJ.!://www.el,!a.gov/I!esticides/regulatin2/data reguirements.htm) and/or 

data waivers. See Footnote C. 

a) List study (or studies) not included with application 

10 

2 
64

Comments: 

No inut-s 1iY f\IJ)U,u, TtChfliCQl Met im pJ»\it){J) 'iJn1-

(onto.cled (t<?\iS1'innt On O'-II'')/IIW: 

£iclCl~ (wY, V'Olux,,~ (00)' con [1'cttnl1CU mariLIna' {In pCl~ g Cinc\ q 

Cont(Odict- NON (onfic\J.n1'iGlu'~ Ullim vf PCAOf {) . 

Po 04/13/ll R;:oISlYOXLt dUlt \f7U.dy CV«WIQYW GlI()~ 1»/0. COP'1l vf J:hL 

C\fpJJCD..1ioofWyn '>J/o. ChClnt;r up adctru1 and tty rwpUlllN r,Ql1f\Wl1on 

STLU:;(i es fXlMeQ 8li> -" !?levi U.0 

~I'-I/I\ 

* N/A - Not Applicable 

Footnotes 

A During the 21 day initial content review, all CSFs will be reviewed to detennine 

whether all inerts listed, including fragrances, are approved for the proposed uses. If an 

unapproved inert is identified, the applicant must either 1) resolve the inert issue by, for 

example, removing the inert, substituting it with an approved inert, submitting 

documentation that EPA approved the inert for the proposed pesticidal uses, correcting 

mistakes on the eSF, etc. or 2) provide the data to support opp approval of the inert or 3) 

withdraw the application. Removing or substituting an inert ingredient will require a new 

CSF and may require submission of data. All information, fonus, data and 

documentation resolving the inert issue must have been received by the Agency or the 

application withdrawn within the 21 day period, otherwise, the Agency will reject the 

application as described below. 

To successfully complete this aspect of the 21 day initial content screen, applicants are 

strongly encouraged to verify that all inert ingredients have been approved for the 

application's uses even if a product is currently registered by consulting the inert Web 

3 
65

site (link to http://www.epa.gov/QPprdOOllinerts/lists.htrnll and if the inert is not 

approved, to obtain the necessary inert approval prior to submitting an application 

to register a pesticide product containing that inert ingredient. Some inert 

ingredients are no longer approved for food uses or certain types of uses. The name 

andlor CAS number on a CSF must match the name and CAS number on this web site. 

Simple typographical errors in the name or CAS number have resulted in processing 

delays. 

If an inert is not listed on the inert ingredient web site and the applicant believes that the 

inert has been approved, the applicant should contact the Inert Ingredient Assessment 

Branch (IIAB) at inertsbranch@epa.gov and resolve the issue. Copies of the 

correspondence with IIAB resolving the issue should accompany the application. All 

new inerts except PIP inerts are reviewed by lIAB. The IIAB should also be contacted 

for any questions on what supporting data needs to be submitted for and the Agency's 

inert review process. Questions on PIP inerts should be directed to the Chief of 

Microbial Pesticides Branch (Link to 

http://www . epa. gov loppbppd 1!b iopesticidesl contacts bppd.htm J. 

When a brand, trade, or proprietary name of an inert ingredient is listed on a CSF, 

additional infonnation such as an alternate name of the inert, CAS number or other 

information (link to http://www.epa.gov/opprd001/inerts/tips.pdf] must also be included 

to enable the Agency to determine if it has been approved. Each component of an inert 

mixture (including a fragrance) must be identified. In some cases, the supplier of the 

mixture or fragrance may need to provide this information to the Agency. Prior to the 

Agency's receipt of an application, applicants must arrange with a proprietary mixture or 

fragrance supplier to provide the component information to the Agency or promptly upon 

EPA's request. If the inert ingredients in a proprietary blend (including fragrances) 

cannot or are not identified or provided within the 21-day content review period, the 

Agency will reject the application. 

During the 21 day content review, applicants should submit information to the individual 

identified by the Agency when the applicant is informed of an unapproved inert. 

Unapproved Inerts Identified on CSFs 

All applications except conventional new products and PIPs 

Once an unapproved inert is identified on a CSF, the Agency will contact the 

applicant with the following options: 

L Correct the application by, for instance, correcting the inert's identity or CAS 

number, providing documentation that the inert has been approved, or 

removing the unapproved inert from the CSF or replacing it with one that is 

approved for the application's uses; or 

2. Submit the information and data needed for the Agency to approve the 

unapproved inert. If this option is selected and implemented, the Agency may 

request an extension in the PRIA decision review timeframe to accommodate 

the inert review/approval process; 

4 
66

3. Withdraw the application (the Agency retains 25% of the full fee for the fee 

category estimated); or 

If none of these options is selected and implemented by the applicant within the 

21 day content review period, the Agency will reject the application and retain 

25% of the full fee of the category identified. 

Conventional New Product Applications 

When the Registration Division identifies an unapproved inert on a CSF with an 

application for a new product that the applicant has not identified as requiring an 

inert approval (R31 I , R312 or R313), it will contact the applicant with the 

following options: 

1. Correct the application by, for instance, correcting the inert's identity or CAS 

number, providing documentation that the inert has been approved, or 

removing the unapproved inert from the CSF or replacing it with one that is 

approved for the application's uses; or 

2. Submit the information and data needed for the Agency to approve the 

unapproved inert, including any required petition to establish or amend a 

tolerance or exemption from a tolerance. (This option may change the PRIA 

category for the application, which could require a longer decision review 

time and a larger fee. If additional fees are due, they must be received by the 

Agency within the 21 day content review period.) 

3. Withdraw the application (the Agency retains 25% of the full fee for the fee 

category estimated); or 

If none of the above options is selected and implemented during the 21-day 

content-review period, the Agency will reject the application and retain 25% of 

the appropriate fee for the new product-inert approval category. 

PIP Applications 

When the Biopesticide and Pollution Prevention Division identifies an 

unapproved inert on a PIP CSF and a request to approve the inert does not 

accompany the application, it will contact the applicant with the following 

options: 

1. Correct the application by, for instance, correcting the spelling or name of the 

inert to that in 40 CFR 174, or providing documentation that the inert has been 

approved; or 

2. Submit the information and data needed for the Agency to approve the 

unapproved inert. If an inert ingredient tolerance exemption petition is 

required, the petition must be received by the Agency and the B903 fee paid 

within the 21 day period. If this option is selected and implemented, the 

Agency will discuss harmonizing the timeframe for both actions. 

5 
67

3. Withdraw the application (the Agency retains 25% of the full fee for the fee 

category estimated); or 

If none of the above options is selected and implemented during the 21 day 

content review period, the Agency will reject the application and retain 25% of 

the fee. 

B. A policy on documentation of offers to pay is still being developed, however, for a 

me-too or fast track (similar/identical) new product, R300 or A530, an application 

without the necessary authorizations of offers to pay will be placed into either R301 or 

A53l. The Agency recommends that authorizations of offers to pay be submitted with 

other PRIA applications to avoid delays in the Agency's decision. 

c. Biopesticide applicants are advised to contact the Agency and discuss study waivers 

prior to submitting their application to the Agency. Documentation of such discussions 

should be submitted with the study waiver. 

6 
68

Re: EPA Submission: Creosote Solution, Creosote Oil (82024-R, E) 

Walter Talarek 

to: 

Jennifer Brandon 

04/1412011 03:53 AM 

Cc: 

chris smith 

Show Details 

Dear Jennifer, 

Page lof2 

please find attached a revised "Statement of Confidentiality Claims" page (page 2) for Volume 3 of 

Lone Star Specialty Products, LLC's (Lone Star's) application for registration of Creosote Oil, EPA File 

Symbol 82024-E (Scan_Doc0043). 

Also, please find attached a copy of the change of address notification for Lone Star that I sent to EPA 

by courier on Tuesday Scan_Doc0042). 

Thank you for your guidance in correcting this volume. 

Sincerely, 

Walter G. Talarek 

Authorized Agent 

Lone Star Specialty Products, Inc. 

703-759-4837 

--- On Wed, 4/13/11, Brandon.Jennifer@epamail.epa.gov <Brandon.Jennifer@epamaii.epa.gov> 

wrote: 

From: Brandon.Jennifer@epamail.epa.gov <Brandon.Jennifer@epamail.epa.gov> 

Subject: EPA Submission: Creosote Solution, Creosote Oil (82024-R, E) 

To: wtalarek@verizon.net 

Cc: Nair.Sree@epamail.epa.gov 

Date: Wednesday, April 13, 2011, 2:02 PM 

Mr. Walter, 

I forgot to mention over the phone earlier today that I will be out of 

the office on Friday 04/15/2011. You can send the corrections on Friday 

and I will make all necessary changes to the studies on Monday morning. 

If you have any questions or require additional information, please do 

not hesitate to contact me. 

Study 02: Volume 03: Product Chemistry, Preliminary Analysis (830.1700) 

The statement of no Data Confidentiality is contradicted by the 

markings on pages 8 and 9. You can add a supersede statement to 
69

page 2 that will override the confidential markings. 

Jennifer Brandon 

Data Analyst (EPA Contractor) 

2777 S. Crystal Drive 

Arlington, VA 22202 

Ph: 703-305-0074 

Fax: 703-305-5060 

Email: brandon.iennifer@e~ 

Page 20f2 
70

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

April 8, 2011 

OPP Decision Number: D-447506 

EPA File Symbol or Registration Number: 82024-R 

Product Name: CREOSOTE-SOLUTION 

EPA Receipt Date: 07-Apr-20ll 

EPA Company Number: 82024 

Company Name: LONE STAR SPECIALTY PRODUCTS, LLC. 

MICHAEL A. JACKSON 

BRAZOS ASSOCIATES, INC. 

LONE STAR SPECIALTY PRODUCTS, LLC. 

1806 AUBURN DRJVE 

CARROLLTON, TX 75007-1451 

OFFICE OF 

PREVENTION, PESTICIDES AND 

TOXIC SUBSTANCES 

SUBJECT: Receipt of Application and 75% Small Business Waiver Request 

Dear Registrant: 

The Office of Pesticide Programs has received your application, 75% small business 

waiver request, and certification of payment. If you submitted data with this application, the 

results of the PRN-86-5 screen will be communicated separately. During the administrative 

screen, the Office of Pesticide Programs has detennined that this Action is subject to a Pesticide 

Registration Service Fee as defined in the Pesticide Registration Improvement Act. 

The Action has been identified as Action Code: A5S0 

NEW PRODUCT;NON-FAST TRACK;OTHER USES; 

Your request for waiver has been forwarded for review. You will be notified in writing when a 

detenmnation is made regarding your request. If your waiver request is approved, the decision 

review time period will start on the date of approval. If your waiver request is denied, you will 

receive an invoice for the outstanding balance. 

If you have any questions, please contact the Pesticide Registration Service Fee 

Ombudsman at (703) 308-6427. 

Sincerel,+-, ;;;?Y~. 

FrontJ3ne! t~ ;f«"~ 7 logy & Resources Management Division 

. // 

L/ L 
71

/Fee for Service/ 

)( 

{893523'~ 

This package includes the following 

@ New Registration 

°Amendment 

for Division 

@AD 

°BPPD 

ORO 

D Fee Waiver? 

I I Risk Mgr. [EJ I 

~~~~~~~~~ 

D Studies? 

D volpay % Reduction: _ 

Receipt No. s-I 893523 :=======~ EPA File Symbol/Reg. No. ;::1 =8=2=0=2==4-==R~ 

Pin-Punch Date: ,-I _4_/_7/_2_01_1--J - I 

D This item is NOT subject to FFS action. 

Action Code: [i I Parent/Child Decisions: I 

Requested: I AS 5D I I 

Granted: I A. 550 I 

Amount Due: $ L:/,IO) I II 

'--__________________ ~,L---------------~ 

[§l Inert Cleared for Intended Use [§l Uncleared Inert in Product 

Reviewer: I 0 IM-v'-- \ 

Remarks: 

Date: ~~~Pf [~\ APR -8 201~ 
72

u"-/, _'-, 'O'kiYlde;:. Jr·';;;;~c'~jj~~ .. ~':':~>:'-M~ie.~>T.~_~. f,~ .... ~.~i;;;l;",: •• ~'~~.~~c.~~~" <"M~"TOO "'" r 

sectfo'n3: "p;.,O~u9t Na~; -1: " 

""':: "~,iliLo~ D'~e:' ;;P~4-~A~P~'-~20~1~1-'-': ii21l' oPP Rec'vd D8te:- p7 _Apr_2011 

"'Ffb~,'~':{Dme: 'PS-AP;-2'011 ';l!2It Ri~k Manage~'s'e'nd ~e: I ' - "-"~~;:~~~ ~ate; t - -- N~g()j~ed ~ue DaI-~ I. 

9PP Target Date: I 

1L1>:"I;;- r 

ReceiPt De.s:c~jPtjon: 

pplication for regisira1ion 0'1 a new product 

Print Letter 

Enter More Information 

Tracking 

View/Edit 
73

FEE FOR SERVICE 
74

• II 

Lone Sm, SpWmly frodw:/s, IJ.C fJ9/flT .. 

42OOE.~~Sk600 

~OK74J35:-32l0 

191JJ)48s..1.339 

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3/3Ol2011 

" ~1tJtf., ~... :; 1Al"1 ~ .• 'lJ .J_-"""![Q[!!"""''''-''''''''''!l!4L'''''''J!.i,IC-,---~~~,-------,~~_~ Environmental Pr¢ecti0!1 Agency __ ---,1 . $-1,158.00 

~ One Thousand Qne HUlJd(ed F~,...ElQht and OOf100·u ••• *'*A*AI' ... ".u ... u ...... ~ ..... u*"'u* .. u ... u~'u.'u_ .. _ ........ , .......... u~- -m 

* ., 

o 

" 

Eiwiromnentaf: Protection Agency' 

~ 

" 

~ """ nlf/!J.(. 

Lone star SpecIafty" ProcIucts. u.c 

Environmental Protection Agency 

Date Type Reference 

312912011 Bill 

cash - Operating Ar.c 

. 

Original Amt 

1,158.00 

q . . . 

I I 

313012011 

Balance Due Discount 

1,158.00 

Check Amount 

i 

, 

I 

, 

~. ~.I I 

,) ) 

I I 

4286 

Payment 

1,158.00 

1.158.00 

1,158.00 

j 

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*Commercial/financial information may be entitled to confidential treatment*
75

- Print Form .. ~¥fiWv~~hvm~~. ______________ -"F~o~nn~A~ .. ~'O £.O~MSU.N~o~.~2CO~£2~~~~~;;~;;=--, 

8 Registration opp Idllntifillr Numbllr 

&EPA 

t. CompeNlProduct Number 

82024- .'" 

4. Compeny/Product IName} 

Creosote-Solution 

United Statos 

Environmental Protection Agency 

Wuhlngton, DC 20460 

Amendment 

Other 

Application for Pesticide ~ Section I 

2. EPA. Product Menager 

Jacqueline McFarlane 

PM, 

34 

3. Propo.ed Clauificetion 

D None 0 Rllltricted 

5. Neme .nd Addr ••• of Applic.nt (lnclud. ZIP Codo) 

Lone Star Specialty Products, LLC 

P.o. Box247 

6. Expedited Review. In accordance with FIFRA Section 31cH3) 

Ibj{i). my product is similar or ldentical in composition and labeling 

to, 

Lone Star, TX 75668 II EPA Reg. No. _______________ _ 

o ChocJc H thi$ is II now .ddrll$$ Product Name 

D 

D 

D 

Section· II 

Amendment - ExpIein billow. 

Resubmission In reeponle to Agency letter dlltod ______ _ 

D 

D 

D Notificetion· Explain below. 

Explanation: UINI additional pegehil) If n,cHaery. IFor aection I end Soction II.) 

Anal printed lebo!. in rlleponte to 

Agency letter dated 

"Me Too" Application. 

oth" - Explain billow. 

Application for registration requiring PRIA service fee. PRIA fee category is A550 because product is non-FOPA end-use product with 

uses other than FIFRA section 2(mm) and contaJns old active ingredient from unregistered source. Applicant is requesting small 

business fee waiVer. Applicant may be contacted atwtalarek@verizon.netor703-759-S548(fax). 

~_-::-:-_--:-__ ~ ___ Qe'ni Sn-ant d"tllt 

!-"'."M::;._=· ':.:Th,,'":;. .. :..:.::;... :::ot;;:..:;WII,,'i' .. :..:..; •• :.::""=."' .. ,,'::.;'n:..' __ ru.W o..pp \I CCltiO() Child·Re~at.nt Packaging Unit Peckaging ~ fJ) o V .. ' - V.. (ffi"'l Cho..nclt. vJ 

[2;] No X No 6.ddre.J). 

I:.~·V:!:.-:.·--- fD 11 \)W, Nll· thrs -(Bc (Yl. 

• Certification must 

be $ubm/ttfJd 

Unit Pllckeging wgt. U 

3. Utcetion of Net Contents Infonnation 4. Size I.) Rotail Container 

o Container 10,000 & 18,000 gals. 

OM 

liner 

2. T~ of Contelner 

::~o Gle .. 

.'PM 

Other tSPDcify), _______ .1 

5. Locetion of label Directiona 

c::::J On Label l!:J On l.eboling 8ccornpenying product 

6. Menner in Which Lebo! ie Affixed to Product Uthograph 

P.aper aluM 

Stencifed 

Do~' ______________ __ 

Section ~ IV 

t. Contact Point ICompiat. ittmlS dirfICt/y bfllow for idtmtificstion of individulll to bo tontllClod, H nfICII$$IUY. to proc.ss thi$ .pplicatkJn.) 

N_ 

Walter G. Talarek 

TItle 

Authorized Agent !

TelePhone No. (I~~~II Area Cedll) 

703-759-4837 

f-------------------------------------------JL---------------------------------~' ) '6. Ollte'Application ~, Certification 

I certify that the statoments I ha~D mado this form and aU ettachments thereto are true, accurate and co.'Tij):,to. 

lecknowledgll tlWIt eny knowingly I or misJeeding atetllment may be puniaheblo by fine or irnpriaol'll'1ltlnt or; 

both undllr applicabllllaw. 

'.Si,MM' J J.,«s1". xf\ A/ 3.'''' ,-~ l./\) fJ : ~ ~ Authorized Agent 

4. Typlld NIIITI4I 

Walter G. Talarek 

EPA Form 8570-t IRev. u.941 PreVIous odition. lire obsoillte. 

5. Date 

April 4, 2011 

WhIt. • EPA FIIto Copy lorIglnall 

Received 

(Stamped) " , 

. 

Y.llow • Appllc.nt Copy 
76

""'e,.a~on ..,.,. ... F~" ~ .. Unltttd Stetee § Registration OPfJ Identifier Number oEPA Environmental Protection Agency Amendment 

W .. hlngton, DC 20460 

x Other 

Application for Pesticide ~ Section I 

1. COl'l'lp4lny/Product Number 2. EPA Produot M.na~r 3. PropoMd Cla .. lfication 

82024 Jacqueline McFarlane 

4. Cempanv/Product (N.rn.) PM' 0 NOM o flntrietad 

lone Star Specialty Products, lLC 34 

5. Name aTld ~ of Applioam (1nr:hRn ZIP (;QdaJ 6. Expedited Review. In accordance with F1FRA Section 3Ic)[3) 

lone Star Specialty Products.llC Ib)[i), my product Is similar or Identical In composition and iBbeling 

c/o WalterG. Talarek PC 1008 Riva Ridge Drive to, 

Great Falls, VA 22066-1620 0 EPA Reg. No. 

o Check if this " ./lew IIddr~ Product Name 

Section - Ii 

0 ArrIfl'Idrnont· ~ain below. o Final printM label. In r.tpolHla to 

0 o Agency letter dllted 

Re.ubmluion In reap.on.e to Agency lattar datH -MIt Too- AppIloation. 

0 Notificetian· Exploin below. 0 Other - ExplaIn below. 0p::tCtiCCi app\ i Com 

Explanation: Uaa addjjjcl'llli pagals) If nacou.ary. IFor eaction I and Section II.} ~fm 'lN1 Ci,Q()~-

of C\iiCl f1C-W 

Change of company's address (COADR). 

04/14/1 1 , 

- Section - iii 

t. Matan.l Thk Pr<xIuct wm .. Pado:;a""d In; 

Chlld·Ra"tant PacJtaaing Unh: Packaging Watar SoIubls PadYJQing 2. Type of ContaiMl" B:'- Bv" B V .. No No §ro~ GI PI_tic _ a CtNtitiCIItjon must If "Y .. - No. pat' If -Vo- No. p.r _ "pM 

Unit Packoginl,l wQt. containar P.okaDa wilt ccn1.1nllr Othar ISpecify) bs:wbmlttsd I 

3. Loc.tion of Nat Cllntallb: Infofll'l8tion 4. Si:r:alsl Ratail ConUinor S location ollabat Diracjjonll 

o lob. o Contai.,.r a Onlabal 

On Labeling accompenying produCt 

6. Manner in Whioh Labat I, Affixed to Product f= Uthograph U Other papa~ed 

St.n itd 

Section ~ IV 

1. Contact Point (Compht. ft_ dirwctJy bmw for idMItific#lrkNt 0/ indlvidulll to be r:olltfICt~. ;( nK'8.S$aI)'. to proNU thilll appbtion.J N_ T~' TaI~hona No. (Includa A,.. Coda) 

WalterG. Talarek Authorized Agent 703-759-4837 

Certification 6. Data Appliclltilln I ~"fy "", ... '''''~~; <hi, fo~ and 011 """hm,"U ""!Of<> ." Iru ••• ~""" • ., '""'PO". flocei\l1ld 

I acknowlado- that any knowingl .. or mislaadinQ statamant May be puni~a bV fine or imprisonment or (Stamped) 

IUIth und,r.ppUc.bhI "w. 

2. Signature 

fIYJ~ 3. Tltla 

Authorized Agent 

4. TypI'dN_ I 5. Oat" 

Walter G. Talarek April 12,2011 

.. EPA Forni 857Q-1lRev. 8-S4) Provrouo edibon. an ob.oleto. V,Vow • Applicant CopV 
77

STAR 

AlTI!=S, lLC 

Jacqueline McFarlane 

Product Manager, Team 34 

Antimicrobials Division (7510P) 

Office of Pesticide Programs 

March 21, 2011 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, NW. 

Washington, D.C. 20460-0001 

Re: Application for Registration of Lone Star Specialty Products, Inc. 's Creosote 

Products 

Dear Ms. McFarlane: 

I hereby authorize Mr. Wa~er G. Talarek to act as Ltme Star Specialty Products, 

Inc.'5 ("Lone Star's") agent and representative for the purpose of registering fts 

creosote products wrrh the Environmental Protection Agency. These products 

contain errher P11P13 or P2 creosote as the sole active ingredient. This authority 

includes, without limitation, the authority to sign all documents necessary to 

accomplish this purpose and to access any confidential infonmation and files that 

have been submitt~ in support of Lone star's applications for registration. 

(i7&s,~ Chris O. Smith 

President 

County of i!1orri S ) 

) 

State ofTexas ) 

Swom and subscribed before me ,;; my presence by Mr. Chris Smith, President, 

the one StarS!,!,cialty Products; Inc. on Marc~2011. 

~~~I ~~L!JjI-""-l:L-,(SEAL) e -.......,. ~ Notary P lie .. 

~~~~ _.--.. 

. My ctimmission expires: _~/,---,Id=-_-"-j<-".;I,~~~~~·_--"';;;;;;;;;.J 

physical I 6412 U.S. Hwy 259 South Lone star. TX 75668-3102 main 1903.655.253 

IoU 1800.256.203 
78

CONTAINS CONFIDENTIAL BUSINESS 

Jacqueline McFarlane 

PM 34, Antimicrobials Division 

LAW OFFICES OF 

WALTER G. TALAREK, p.e. 

1008 RIVA RIDGE DRIVE 

GREAT FALLS, VA 22066~1620 

PHONE: 703~759-4837 

FAX; 703~7S9~5S48 

E~MAIL: WTALAREK@VERIZON.NET 

April 4, 2011 

c/o Document Processing Desk (REGFEE)(APPL) 

Office of Pesticide Programs (7504P) 

U.S. Environmental Protection Agency 

Room S-49OO, One Potomac Yard 

2777 S. Crystal Drive 

Arlington, VA 22202 

Re: Applications for Registration of Creosote Oil and Creosote~Solution 

Dear Ms. McFarlane: 

-. 

, 

.-

• • 

, ,~ , 

On behalf of lone Star Specialty Products, LLC of lone Star, Texas ("Lone Star"), I am submitting 

applications for registration for its Creosote Oil and Creosote~Solution products. These two products are 

end~use products that are to be used forthe pressure treatment of wood. Lone Star's products contain 

coal tar creosote, PC Code 25004, CAS No. 8001~S8~9, as their sole active ingredient. Lone Star's 

Creosote Oil conforms to AWPA Standard P1/P13 while its Creosote~Solution conforms to AWPA 

Standard P2. 

The technical grade active ingredient ("TGAI") in the Lone Star creosote end~use products ("EPs") is the 

same as the EPs. In other words, the TGAI '" EP. Further, the active ingredient is produced only during 

the production of the EPs, and therefore the EPs are produced by an integrated system. 

Before discussing how Lone Star is specifically addressing the data requirements applicable to the 

registration of its creosote products, I would like to draw your attention to two very important facts. 

First, the production facility at which Lone Star has been producing coal tar enamel products and will be 

producing its creosote wood preservative products, Le., EPA Est. No. 82024-TX~1, is the same facility at 

which Reilly Industries, Inc. ("Reilly"; EPA Company Number 1456) produced its coal tar enamel and 

registered creosote products, Le., 1456~TX~1, from 1950 to 2006. 

Lone Star purchased the Reilly facility in 2007. Since 2007 Lone Star has been producing coal tar enamel. 

pitches and other distjJIate~ojl non-pesticide products at this facility for coal tar suppliers. 

Therefore, Lone Star's production facility has operated continuously under different owners from June 

1950 to the present day, with over 10,000 days of coal tar processing. 

Pagelof3 
79

Second, Lone Star will be producing AWPA Pl/P13 and P2 creosote wood preservative products that are 

substantially similar in composition to those previously registered to Reilly. {Please note that Reilly 

previously held 10 creosote registrations, and 8 of these were cancelled in 1990, while the remaining 2 

were transferred to KMG-Bernuth, Inc., EPA Company No. 61483, in November 1999. However, Reilly 

and subsequently Vertellius Specialties, Inc. continued to produce Pl/P13 and P2 creossote products at 

the Lone Star, Texas facility until20D7. }. Therefore, in applying for the registrations for its creosote 

products, Lone Star is citing and relying on the product chemistry data that Reilly developed and 

submitted on Its registered AWPA Pl/P13 and P2 creosote products in response to EPA's "Guidance for 

the Reregistration of Pesticide Products Containing Coal Tar/Creosote as the Active Ingredient (EPA 

Number 128935, Case Numbers 639 and 137; April 1988). 

Even though Lone Star has cited and is relying on the data submitted by Reilly to fulfill the data 

requirements for preliminary analysis, it also is submitting two studies addressing this data requirement. 

The first product chemistry study was conducted by GW/S Environmental Services on samples of lone 

Star's Creosote Oil (Pl/P13) and KMG-Bernuth's P2 product. The lone Star Pl/P13 sample was produced 

at Lone Star's lone Star, Texas facility. This study identified the major components of both products, 

which were mainly PNAs, by gas chromatography. Moreover, the study demonstrated that the 

components of the two products were within 1% of each other, and basically the products were 

substantially similar products. The GW/S study also was used to respond to the issue of whether the 

lone Star Pl/P13 and KMG-Bernuth p2 products when mixed with crude oil or diesel fuel met the AWPA 

P3 Standard for the 2010 AWPA spring meeting. The second study contains a historical compilation of 

selected analyses of Pl/P13 and P2 products produced by Reilly and lone Star at the lone Star, Texas 

facility. The analyses were conducted using AWPA Standard Al. 

With three exceptions, Lone Star is using the selective method of data support to address the applicable 

generic and product-specific data requirements. The three exceptions are the generic data requirements 

for (1) a leaching study for release of creosote components from creosote-impregnated wood (no OPPTS 

guideline number) and (2) a field study or simulated study for aquatic structures, sediment 

concentration study (OPPTS 850.1950) and the product-specific data requirement for (3) a particle size, 

fiber length, and diameter distribution study (OPPTS 830.7520). For these three data requirements, lone 

Star is using the cite-all option. 

With regard to the product-specific data applicable to the registration of Lone Star's creosote products, 

lone Star is using the selective method of data support and submitting data on (i) product identity and 

composition (OPPTS 830.1550), (2) description of materials used to produce product, (3) description of 

production process (OPPTS 830.1620), (4) discussion of formation of impurities (OPPTS 830.1670), (5) 

preliminary analysis (OPPTS 830.1700) and (6) certified limits (OPPTS 830.1750). However, because lone 

Star's creosote products are substantially similar in composition to the products previously registered to 

Reilly and are produced at the same production facility where Reilly produced its registered creosote 

products, lone Star also has cited and is relying on the product chemistry data on Reilly's Pl/P13 and P2 

creosote products in EPA's files, specifically the data on preliminary analysis (OPPTS 830.1700), 

enforcement analytical method (OPPTS 830.1800), reports of multiple physical and chemical 

characteristics (OPPTS 830.6300), storage stability (OPPTS 830.6317) and corrosion characteristics 

(OPPTS 830.6320). Further, with regard to the acute toxicity data requirements, lone Star is citing old 

data that were submitted by the Creosote Council (EPA Company Number 63700) and that are listed in 

the Data Requirement Table of Appendix B of the Creosote RED (EPA 739-R-08-007j September 2008). 

Page20f3 
80

lone Star has used the Creosote RED to identify the generic data requirements applicable to the 

registration of its Creosote Oil and Creosote-Solution products and the data in EPA's files that satisfy 

these data requirements, With four exceptions, lone Star has cited all the data listed in the Data 

Requirement table of Appendix B of the Creosote RED. The four exceptions are the data reqUirements 

for preliminary analysis (OPPTS 830.1700), analytical method (OPPTS 830.1800), storage stability (OPPTS 

830.6317) and corrosion characteristics (OPPTS 830.6320). For these four data reqUirements, lone Star 

has cited Reilly Industries' or the Creosote Council's data. Citing the data of the other registrants that 

are listed in the Data Requirement table for these four data requirements is redundant, duplicative and 

unnecessary. 

Lone Star submits that the applicable PRIA fee category for its products is ASSO. lone Star's Creosote Oil 

and Creosote~Solution wood preservative products are substantially similar in their uses and 

formulations to products currently registered with EPA. Moreover, the technical grade of the active 

ingredients in the products is the same as the end~use products. Further, the wood preservative use is a 

use other than a FIFRA section 2(mm) use. However, lone Star is using the selective method with the 

cite~all option to address the generic and product~specific data requirements applicable to the 

registration of these products. Therefore, lone Star believes that PRIA fee category ASSO is the fee 

category which most closely encompasses its applications for registration. 

lone Star is requesting a small business fee waiver of 75% of the applications feeS. lone Star has 2S 

employees and had had no sales of pesticide products during the past three years. In support of these 

statements, I have attached lone Star's (1) Voluntary Small Business Certification Form for Pesticide 

Registration Fee Waiver/Reduction, (2) IRS Forms 1120S forthe years 2008, 2009 and 2010 and(3) IRS 

Form 941 for the third quarter of 2010. Therefore, I am submitting two checks, each in the amount of 

$1,lS8, to cover the registration fees for lone Star'S products. 

If you have any questions about these applications, please feel free to contact me. 

Enclosures - Applications for Registration 

CC: Chris Smith, Lone Star 

Page 3 of 3 
81

TRANSMITTAL DOCUMENT 

1. Name and address of submitter 

lAme Star Specialty Products, Inc. 

P.O. Box 247 

Lone Star, TX 75668 

2. Regulatory action in support of which this package is submitted 

Application for registration of Creosote-Solution 

3. Transmittal date 

April 4, 2011 

4. List of submitted studies 

Volume 1 Administrative Materials (See Table ofC tents) 

Company Official: Walter G. Talarek 

Authorized Agent 

Company Name: Lone Star Specialty Products. LLC 

Company Contact: Walter G. Talarek 

Name 

Page 1 of! 

(703) 759-4837 

Phone 

" , 

J', , 
82

Form Aooroved OMS Nos. 2u ........ 0060; 2070-0057; 2070-0t07; 2070-0122; 2070-0164 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

1200 Pennsylvania Avenue, N.W. 

WASHINGTON, D.C. 20460 

Paperwork Reduction Act Notice: The public reporting burden for this collection ofinfimnation is estimated toaverage 1.25 hours perresponsc for rcgisuation 

and 0.25 hours per response fur reregistration and special review activities, including time for reading the instructions and completing the necessary forms. Send 

conuncnts regarding burden estimale orany other aspect of this collection of infonnation. including suggestions for reducing the burden to: Director. Collection 

Strategies Division (2&22D. U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N.W., Washington, DC 20460. Do not ~end the completed fonn 

to this address. 

Certification with Respect to Citation of Data 

Appllcanl'slRefjlstrant's Name, Address, and Telephone Number 

lone Slar Specially Products, llC P.O. Box 247 Lone Star, TX 75668 

Active Inaredient(s) and/or representative test compoundfs) 

Creosote Coal Tar 

General Use Pattem(s) (list all those claimed for this product usin~ 40 CFR Part 158) 

Wood Preservation - Pressure Treatment 

EPA Registration NumberlFile Symbol 

82024-

Date 

April 4. 2011 

Product Name 

Creosote-Solution 

NOTE: If your product is a tOO% repackaging of another purchased EPA-registered product labeled for all the same uses on your label, you do not need to 

subm~ this form. You must submlt the Formulators Exemption Statement (EPA Form 8570-27). 

D 

D 

I am responding to a Data-Call-In Notice, and have included with this form a list of companies sent offers of compensation (the Data Matrix form should 

be used for this purpose). 

SECTION I: METHOD OF DATA SUPPORT (Check one method only) 

I am us"ng the cite-all method of support, and have included with this form 

a list of companies sent offers of compensation (the Data Matrix form 

Should be used forthis purpose). 

I am using the selective method of support (or cite-all option 

under the selective method), and have included with this form a 

completed list of data requirements (the Dala Matrix form must be 

used). 

SECTION II: GENERAL OFFER TO PAY 

IRequired if using the Cite-all method or when using the cite-all option under the selective method to satisfy one or more data requirementsi 

[Jil I hereby offer and agree to pay compensation, to other persons, with regard to the approval of this applicalion. to the extent required by FIFRA. 

SECTION !II: CERTIFICATION 

I certify that this application for registration, this form for reregstration, or this Data-Call-ln response 'IS supported by all da'a subm"itted or ciled in the 

applicatioo for registration, the form for reregistration, or the Data-Call-In response. In addition, ffthe cite-all option or cite-all option under the selective method is 

indicated in Section I, this appliCation is supported by all data in the Agency's files that (t) concem the properties or effects of this product or an identical or 

substantially Similar prodUct, or one or more of the ingredients in this product; and (2) is a type of data that would be required to be submitted under the data 

requirements in effect on the date of approval of this application if the application sooght the iniUal registration of a product of identical or similar composition and 

uses . 

I certify that for each exdusive use study cited in support of this registrat"lon or reregistration, that I am !he original data submItter or that I have obtained 

the written permission of !he original data submitter to cite that stUdy. , >- • 

I certify Ih:rt for each study cited in support of this registlaUon or reregistration that is not an eXClusive use study, either: (a) I am th'J p.1~inal data 

submitter; (b) I have obtained the permission of the original data submitter to use the study in support of this application; (c) ~trpefiods of eligibility,for 

compensalion have expired for the study: (d) the study is in the public literatLre; or (e) I have notified in writing the companytl"lat subm"itted the study and have 

offered (t) to pay compensation to the extent required by sections 3(c)(t)(F) and/or 3(c)(2)(B) of FIFRA; and (ii) to commence ,!el"l0~a\ions to detennlne the 

amount and terms of compensation, if any, to be pa'ld for the use of !he study. ' j ~ 

, , ~ '" , 

I certify that in all instances 'Nhere an offer of compensation is required, copies of all offers to pay compensation and e~i~~nce of their deiiV~ in 

accordance with sections 3(c)(1)(F) and/or 3(c)(2)(S) ofFIFRA are available and will be submitted to the Agency upon requesl. 3hOl .. \d I fail to propuce such 

evidence to !he Agency upon request, I understand that the Agency may initiate action to deny, cancel or suspend the registratior,of my product in conformily with 

FIFRA. '",: 

I certify that the statements t have made on thiS form and all attachments to it are true, accurate, and complete. I ackn0V:'I,!<!Q~~ttlat any 

knowIngly false or misleading statement '/ punishable by fine or imprisonment or both under applicable law. ' 

Signature Dale Typed or Prinled Name and Title 

4/4/t1 Walter G. TalarekJAu\horized Agent 

EPA Form 8570-34 (t2-2003) Bec!roic and Paper versions available. Subm~ only Paper version. 
83

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

reading Ihe instructions and completing the necessary forms. Send comments 

the bllrden to: Director, OPPE Information Management Division (2137), U.S. 

Applicalll'slRegistrant's Name & Address: Lone Star Specialty Products, Ll,C 

P.O. Box 247 

Product: Creosote-Solution 

Signature 

54774 

Namc and Title Walter G. Talarek 

Authorized Agent 

OLD 

u" 
84

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

_ 

thc Instructions and completing the nccessary forms. Send comments regarding the burden cstimate or an

to! Director, OPPE Information Managcnlcnt Division (2137), U.S. Environmental Protection Agency, 4

Appticant'siRegistrant's Name & Addrcss; Lone Star Specialty Produets, LLC 

P.O. Bo:.:.247 

Product; Crcosote Solution 

Siguature 

63700 

Namc and Titlc Walter G. Talarek 

Authorized Agent 
85

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

lind completing the necessary forms. Send comments 

. Director, OPPE Information Management Division (2137), U.S. 

Applicllnt'sJRegistnlllt's Name & Addrcss lAmc Star Specialty Products, LLC 

P.O. Box 247 

Product: Creosote Solution 

Signature Name and Title Walter G. Taflirck 

Authorized Agcnt 

Agcucy 

PAY PAY 
86

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S,W. 

WASHINGTON, D,C. 20460 

poe 

and eompleting the lIeeessll.ry forms, Send comments 

the bllrden to: Direetor, OPPE Information Management Division (2137), U,S, 

Applieant'sJRegistrant's Name & Address: Lone Star Speehdty Produets, LLC 

P,O. Box 247 

Product: Crcosote Solution 

Signature Name und Title Walter G, Tahl.rck 

Authorized Agcnt 

Agency, 
87

Form 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

ill ofi 

I DMe: AprU4,2011 

)t send 

WASHINGTON, D.C. 20460 

, Ig burden for this collection ofiuformation is I 

" 

__ .. ______ " __ .L- , .. _._ •• _.,_,. ___ ___ ._" 

to: DirectOl', OPPE 

DATA 

APplicant'slReglstranfs Name & Lone Star Specialty Products, LLC 

P.O. Box 247 

wne 

Signature 

EPA Form 8570·35 (9-97) ic and rapi c. Submit I :r vel'sion. 

's per response fOl' , 

---- - --"ug the I 

. 

I RPA : 82024-

Prodnct:. Creosote Solution 

. :s aud 0

4

Submitter Statu

63700 PAY 63700 PAY 

63700 PAY 

Name and Title Walter G. Talarek 

Authorized Agent 

Agency Internal Use Copy 
88

Form Appl'ove

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

Paperwork Reduction Act Notice: The public reporting burden for this collection of information is estimated to average 0.25 hours per response for registrlltion activities lind 0

reregislration and special review activities, including time for reading the instructions lind completing the necessary forms. Send enmlnents regardiug the burden estimate or an

collection ofinformation, including suggestions for reducing the burden to: Director, OPPE Information Management Division (2I37), U.s. Environmental Protection Agency, 4

Washington, DC 20460. Do l'Iot send the form to this address. 

DATA MATRIX 

Date: ApljI4,2011 EPA Reg. No.lFile Symbol: 82024- 

Applicant's/Registnlnt's Name & Address: Lone Star Specialty Products, lLC Product: Creosote-Solution 

P.O. Box 247 Lune Star, TX 75668 

Ingredient: Creosote 

Guideline Reference Number Guideliue Study Name MRIDNumber Submitter Statu

830.1550 Product identity and composition 82024 OW

830.1600 Description of materials used to produce product 82024 OW

830.1620 Description of production process 82024 OW

830.1670 Discussion of fonnation of impurities 82024 OW

830.1700 Preliminary analysis 44141204 1456 PAY 

44141205 1456 PAY 

82024 OW

830.1750 Certified limits 82024 OW

830.1800 Enforcement analytical method 44141204 1456 PAY 

830.6300 Reports of multiple phyS/chem characteristics 44141205 1456 PAY 

44141206 1456 PAY 

830.6302 Color 830.6303 Physical state 46027001 75341 PAY 830.6304 Odor 830.6313 Stability 830.6314 Oxidation/reduction: chemical reaction 

830.6315 F1ammabi1iv 

Signature Name and Title Walter G. Talarek 

Authorized Agent 

11-<:'7[1 .. 7.':: IQ_Q'71 nlh Q.,,J .. ", 
89

Form Approved 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S,W. 

WASHINGTON,D.C. 20460 

Papenvork Reduction Act Notice: Tbe public reporting burden fOl' this collection of information is estimated to average 0.25 hours per response for registration activities and 0,2

reregistration and special review activitics, including time for rending the instructions aud completing the necessary forms. Send commcnts regarding the burden estimate or any 

collection of information, inctuding suggestions for reducing the burden to: Director, OPPE Information Management Division (2137), U.s. Environmental Protcction Ageney, 4

Washington, DC 20460. Do not send the form to this address, 

DATA MATRIX (ProductMSpecific) 

Date: April I, 20ll EPA Reg. No.fFile Symbol: 82024- 

AppUcant's/Registrant's Name & Address: Lone Star Specialty Products, LLC Product: Creosote-Solution 

P.O, Box 247 

Lone Star, TX 75668 

Ingredient: Creosote 

Guideline Rcference Number Guideline Study Name MUm Numbcr Submitter Status 

830.6316 Exp10dability 

830.6317 Storage Stability 45356202 61483 PAY 

830.6319 Miscibility 

830.6320 Corrosion characteristics 45356202 61483 PAY 

830.6321 Dielectric breakdown voltage 

830.7000 pH 

830.7100 Viscosity 

830.7300 Density/relative densitylbulk density 46027001 75341 PAY 830.7520 Particle size, fiber length, and diameter PAY 

distribution 

870.1100 Acute oral toxicity 43032301 63700 OLD 870.1200 Acute dermal toxicity 43032302 63700 OLD 870.1300 Acute inhalation toxicity 43032303 63700 OLD 870.2400 Primary eye irritation rabbit 43032304 63700 OLD 870.2500 Primary dermal irritation - rabbit 43032305 63700 OLD 

870.2600 Dermal sensitization 43675301 63700 OLD 

Signature y Name and Title Walter G, Talarck 

Authol'i:7-cd Agent 

vlu T.' __ 0.,.,,, 10 0., I"nA' __ H'A un,I "DnnA_ .. o_o'_H. •• n"nhlQ _HI .. Pnnu_ .. A_o'nH A""H_" .. lITo" f'""" 
90

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

completing the necessary 

estimoie or an

to: Dircctor, OPPE Information l\'fon!l.gement Division (2137). Protection Agency, 4

Applicant'slRegistrant's Namc & Address: Lone Star SpeCialty Products, LLC 

P.O. Box 247 

Signaturc 

I'rodllct: Creosotc-Sotntion 

Name and Title Waltcr G. Talarek 

Authorized Agent 
91

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

401 M Street, S.W. 

WASHINGTON, D.C. 20460 

lhe instructions and completing the neecssary forms. Send comments regarding the burden estimate 

to! Direetor, OPPE Information Management Division (2137), U.S. Environmental Proteetion Ageney, 

Applicant'sfReglstrant's Name & Address: Lone Star Specialty Products, LLC 

P.O. Bo)(247 

Product: Creosote-Solution 

Sigllature Name and Title Walter G. Talarek 

Authorized Agent 
92

RESTRICTED USE PESTICIDE 

Due to chronic toxicity in animal studies. 

For sale to and use only by Certified Applicators or persons under their direct supervision and only for 

those uses covered by the Certified Applicators certification. 

CREOSOTE-SOLUTION 

FOR PRESSURE TREATMENT OF WOOD 

Active Ingredient: 

Coal Tar Creosote (AWPA P2) ............................................. . 

CAS No. 8001-59-9 

Inert Ingredients .......................................................................... . 

Total 

CAUTION 

97.5% 

2.5% 

100.0% 

See (side][back] panel for additional precautionary statements, First Aid and directions for us 

EPA Reg. No. 82024-

EPA Est. No. 82024-TX-l 

NET CONTENTS: 

Manufactured by: 

Lone Star Specialty Products, Inc. 

P.O. Box 247 

lone Star, TX 75668 

USA 

FIRST AID 

, , > • , 

, , 

, , , > , 

If in eyes • Hold eye open and rinse slowly and gently with water for 15-20 minutes. 

• Remove contact lenses, if present, after the first 5 minutes, then continue 

rinsing eye. 

• CaU a poison control center or doctor for treatment advice. 

If swallowed • Call a poison control center or doctor immediately for treatment advice. 

• Do not induce vomiting unless told to do so by the poison control center or 

doctor. 

• Do not give anything by mouth to an unconscious person. 

If on skin or clothing • Take off contaminated clothing. 

• Rinse skin immediately with plenty of water for 15-20 minutes. 

Pagelof6 

I 
93

i • Call a poison control center or doctor for treatment advice. 

If inhaled • Move person to fresh air 

• If person is not breathing, calf 911 or an ambulance, then give artificial 

respiration, preferably by mouth-to-mouth, if possible. 

• Call a poison control center or doctor for further treatment advice. 

Have the product container or label with you when calling a poison control center or doctor, or going for 

treatment. For emergency information on this product, call1-XXX-XXX-XXXX, [insert days of operation], 

[insert hours of operation]. After [insert time after which number is not available], call your poison 

control center at 1-800-222-1222. 

NOTE TO PHVSICIAN 

Probable mucosal damage may contraindicate the use of gastric lavage. Vomiting may cause aspiration 

pneumonia. 

PRECAUTIONARY STATEMENTS 

HARDOUS TO HUMANS AND DOMESTIC ANIMALS 

CAUTION: Causes moderate eye irritation. Harmful if swallowed or absorbed through skin. Do not get in 

eyes, on skin, or on clothing. Wear protective eye wear [goggles, safety glasses or face shield}. Wash 

thoroughly with soap and water after handling and before eating, drinking, chewing gum, or using 

tobacco. 

PERSONAL PROTECTIVE EQUIPMENT (PPE) 

All personnel handling treated wood or handling treating equipment (including poles/hooks used to 

retrieve charge cables) has come into contact with preservative must wear the following PPE: 

* Washable or disposable coveralls or long-sleeved shirt and long pants, 

* Chemical resistant gloves, and 

* Socks plus industrial grade safety work boots with chemical resistant soles. 

All personnel cleaning or maintaining the treatment cyUndergasketjequipment or working with 

concentrate or wood treatment preservative must wear the following PPE: 

* Washable or disposable coveralls or long-sleeved shirt and long pants, 

* Chemical resistant gloves, 

* Socks plus industrial grade safety work boots with chemical resistant soles, and 

* A full face shield. 

In the event of equipment malfunction, or fordoor spacer placement, all personnel located within 1S 

feet of the cylinder opening prior to cylinder ventilation must wearthe following PPE: 

* Washable or disposable coveralls or long-sleeved shirt and long pants, 

* Chemical resistant gloves, 

* Socks plus industrial grade safety work boots with chemical resistant soles, and 

* A properly fitting half mask elastomeric respirator with appropriate cartridges and/or filters. 

Entry to confined spaces is regulated by Federal and/or State Occupational Safety and Health Programs. 

Compliance is mandated by law. Individuals who enter pressure treatment cylinders or other related 

equipment that is contaminated with the wood treatment preservative [e.g. cylinders that are not free 

of treatment preservative or preservative storage tanks] must wear protective clothing and/or 

equipment as required by Federal and/or State Occupational Safety and Health Compliance laws. 

Page 2 of6 

, 
94

USER SAFETY REQUIREMENTS 

~Personnel must leave aprons, protective coveralls, chemical resistant gloves, work footwear, and any 

other material contaminated with preservative at the treatment facility. 

-Follow manufacturer's instructions for cleaning/maintaining PPE. If no such instructions for washables 

exist, use detergent and hot water. Keep and wash PPE separately from other laundry. 

-Discard clothing and other absorbent material that have been drenched or heavily contaminated with 

the product's concentrate. Do not reuse them. 

-Eating, drinking, smoking are prohibited in the treatment cylinder load~out area, drip pad area, and 

engineering control room of the wood treatment facilities. EXCEPTION: Where treating operator control 

rooms are isolated from the treating cylinders, drip pad, and work tanks, eating, drinking, and smoking 

(depending on local restrictions) are permitted. 

USER SAFETY REQUIREMENTS 

~Users should wash hands before eating, drinking, chewing gum, using tobacco or using the toilet, 

~Users should remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put 

on clean clothing. 

~Users should remove PPE immediately after handling this product. Wash the outside of gloves before 

removing. As soon as possible, wash thoroughly and change into dean clothing. 

ENVIRONMENTAL HAZARDS 

This product is toxic to aquatic organisms. 00 not discharge effluent containing this product into lakes, 

streams, ponds, estuaries, oceans, or other waters unless in accordance with the requirements of a 

National Pollution Discharge Elimination System (NPDES) permit and the permitting authority has been 

notified in wiring prior to discharge. 00 not discharge effluent containing this product to sewer systems 

without previously notifying the local sewage treatment plant authority. For guidance, contact your 

State Water Board or Regional Office of the EPA. 

DIRECTIONS FOR USE 

It is a violation offederallaw to use this product in a manner inconsistent with its labeling. 

For terrestrial and aquatic nonfood wood/wood structure protection treatments via pressure methods 

for utility poles/cross arms, railroad ties, switch ties, bridge timbers, fence and guardrail posts, 

foundation timbers, marine and foundation round piles, sawn lumber and timber products, and exterior 

structural composite glue laminated wood and plywood products. Treated wood is intended for 

exterior/outdoor uses only. 

Requirements for the Pressure Treatment of Wood 

-Cylinder openings and door pits must use grating and additional measures such as sumps, dams or 

other devices which prevent or remove spillage of the preservative. 

-Personnel must not directly handle the charge cables, poles or hooks used to retrieve charge cables, or 

other equipment that has contacted the preservative without wearing chemical resistance gloves. 

~The treatment process must include a final vacuum to remove excess preservative from the wood. The 

final vacuum must attain a vacuum equal to or greater than the initial vacuum. This vacuum must be 

Page30f6 
95

held for an appropriate time period based on wood species, retention levels, and commodity treated to 

remove excess preservative from the wood. 

-At the conclusion of treatment, the cylinder must be ventilated by purging the post-treatment cylinder 

through fresh air exchange. The ventilation process is considered complete after a minimum of 2 volume 

exchanges based on the empty treatment cylinder volume. The exhaust pipe of the vacuum system or 

any air moving device utilized in conducting the air purge must terminate into a containment vessel such 

as a treating solution work tank or water/effluent tank 

-The ventilation process may be accomplished by one of the following methods: 1) activating an air 

purge system that operates while the cylinder door remains closed; or 2) using a device to open and 

hold open the cylinder door (no more than 6 inches) to allow adequate ventilation and activating the 

vacuum pump. 

-If the second method is utilized, at the conclusion of the treatment, no personnel may be located within 

15 feet of the cylinder when open (cracked) until the cylinder has been ventilated. 

-In the event of equipment malfunction, or to place the spacer to hold the door open during venting, 

only personnel wearing specified PPE are permitted within 1S feet of the cylinder opening prior to 

ventilation. 

-After ventilation is complete, the cylinder door may be completely opened. 

-After treatment, wood must be moved to a drip pad capable of recovering excess preservative until the 

wood is drip free. 

Requirements for Wood for Aquatic or Marine Environments 

For treated wood that will be used in marine or other aquatic or sensitive environments, a double 

vacuum must be used. Following the pressure period, and once the creosote has been pumped back to 

the work tank, a vacuum shall be applied for a minimum of one and a half hours at not less than 22 

inches of Hg (560 KPa) (adjusted for elevation) of vacuum to recover excess preservative. Then, 

depending on plant equipment: 1) vacuum for a minimum of one and one-half hours at not less than 22 

inches of Hg (560 KPa) (adjusted for elevation); or 2) steam material for one hour minimum and then 

pull not less than 22 inches of Hg (560 KPa) (adjusted for elevation) vacuum for a minimum of one and 

one half hours. Maximum temperature during steam shall not exceed 240 degrees F (115.5 degrees C), 

as specified in the Best Management Practices (Aug. 2006) issued by the Western Wood Preservers 

ASSOCiation, Southern Pressure Treaters Association, Timber Piling Council, and Wood Preservation 

Canada. 

Requirements That Must Be Implemented by December 31, 2013 

-For elevated temperature pressure treatment with creosote, automatic, remotely operated devices 

must be used to open, close, lock, and unlock cylinder doors. 

-For ambient creosote treatments, an automatic locking/unlocking device must be used to accomplish 

locking and unlocking of the cylinder door. 

-Mechanical methods must be used to place/remove bridge rails. 

STORAGE AND DISPOSAL 

Do not contaminate water, food or feed by storage or disposal. 

Pesticide Storage: In case of spillage, absorb (with sand, earth, etc.) and dispose of in accordance with 

applicable Federal, State and local regulations. Contaminated materials must be handled and managed 

as a RCRA Hazardous Waste and treated before disposal in an approved landfill. This waste is identified 

by the EPA as a UOS1 hazardous waste and must meet the treatment standards specified in 40 CFR 268 

Subpart D. An RCRA Hazardous Waste Storage permit is required for storage of wastes beyond 90 days. 

Pesticide Disposal: Pesticide wastes are toxic. Improper disposal of excess pesticide or rinsate is a 

Page 4 of 6 
96

violation of Federal Law. If these wastes cannot be disposed of by use according to label instructions, 

contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste Representative 

at the nearest EPA Regional Office for guidance. 

BATCH CODE 

Supplemental Labeling for Creosote-Solution 

EPA Reg. No. 82024-

Creosote (P2) is registered only for pressure treatment of wood. Wood treaters must not knowingly 

pressure treat wood commodities that are not encompassed by the following use category tables, which 

provides examples from the American Wood Protection Association (AWPA) Use Category System, as set 

forth in the most current edition of the AWPA Book of Standards. 

AWPA Commodity Specification: Crossties and Switch Ties 

AWPA Use Category Commodity Examples 

UC 4A, 4B, and 4C Crossties and Switch Ties, produced from all wood species recognized 

by AWPA for this commodity. Manufactured to meet AWPA 

specifications. 

AWPA Commodity Specification: Posts 

AWPA Use Category Commodity Examples 

UC4A Posts, round,:v., and ~ round for highway construction (including 

guide, sign and sight) and farm fencing. 

UC4B Posts, round, :v., and ~ round for highway construction (including 

guardrail posts, spacer blocks) and for road salt/brine storage 

Posts, round, :v., and ~ round for building construction 

Round posts, for structural members in agricultural uses 

AWPA Commodity Specification: Poles 

AWPA Use Category Commodity Examples 

UC 4A, 48, and 4C Utility poles (including laminated) 

Poles for highway and agricultural construction, lighting, building 

structural use 

Note: poles may be glued-or mechanically-laminated 

AWPA Commodity Specification: Piling 

AWPA Use Category Commodity Examples 

UC4C Foundation and Land & Fresh Water Piles 

AWPA Commodity Specification Marine: (Salt Water/Brackish Water) 

Applications 

Page S of 6 
97

AWPA Use Category Commodity Examples 

UC SA, 58, and 5C 8ulkhead sheathing 

lumber/timbers use, including timbers, cross bracing, and highway 

construction 

Piles for marine applications 

Plywood for bridge and marine construction 

AWPA Commodity Specification: Sawn Products 

AWPA Use Category Commodity Examples 

UC 1, 2, and 38 Guardrails for highway construction, including for golf course bridges 

meeting highway construction standards 

UC4A lumber/timber for highway construction, including for golf course 

bridges meeting highway construction standards 

Cross arms 

Fence rail (farm/agricultural only, round, X round, Y:i round) 

UC48 Highway bridge decking (above ground, structural, subject to 

critical/severe decay) 

Road salt/brine storage 

Highway construction materials, including cribbing, lighting 

Piles (structural support construction) 

Posts (sawn 4 sides) for highway construction, farm/agricultural use, 

spacer blocks, important building structural use 

Poles for structural building use 

lumber/timbers (5 inches or greater) for structural use; highway 

construction and cribbing; retaining walls for highway uses; 

residential/business building support 

lumber/ Timbers (2 x 8 inches and/or 3 x 6 inch or greater) for marine 

use (out of water, ground contact, including salt water splash zone) 

UC4C Piles for structural support 

AWPA Commodity Specification: Wood Composites 

AWPA Use Category Commodity Examples 

UC 1,2, and 38 Composite lumber for structural uses 

Glue- or nail laminated structural members 

Plywood for agriculture, and farm use 

UC4A PSl & lVl composite lumber for highway construction 

Members (laminates) I 

PlywOOd for bridge and farm/agricultural use 

UC4B Plywood for marine use in salt water splash zones 

Plywood for road salt/brine storage, highway construction materials 

Composite lumber for bridge and highway construction 

Glue-laminate members (important structural or saltwater splash) 

UC4C Composite (PSl & lVl) lumber highway structural use 

Members (laminates) for critical structural uses 

Note. lammates can be glued or mechamcally fastened 

Note: PSL '" parallel strand lumber, lVl '" laminated veneer lumber 

Page6of6 
98

I 

RESTRICTED USE PESTICIDE 

Due to chronic toxicity in animal studies. 

For sale to and use only by Certified Applicators or persons under their direct supervision and only for 

those uses covered by the Certified Applicator's certification. 

CREOSOTE-SOLUTION 

fOR PRESSURE TREATMENT Of WOOD 

Active Ingredient: 

Coat Tar Creosote (AWPA P2) .............................................. 97.5% 

CAS No. 8001-59-9 

Inert Ingredients ........................................................................... 2.5% 

Total 100.0% 

CAUTION 

See (side][back] panel for additional precautionary statements, First Aid and directions for us 

EPA Reg. No. 82024-

EPA Est. No. 82024-TX-l 

NET CONTENTS: 

Manufactured by: 

Lone Star Specialty Products, Inc. 

P.O. Box 247 

Lone Star, TX 75668 

USA 

, , 

, , 

fiRST AID 

, , > , , 

If in eyes • Hold eye open and rinse slowly and gently with water for 15-20 minutes. 

• Remove contact lenses, if present, after the first 5 minutes, then continue 

rinsing eye. 

• Call a poison control center or doctor for treatment advice. 

If swallowed • Call a pOison control center or doctor immediately for treatment advice. 

• Do not induce vomiting unless told to do so by the poison control center or 

doctor. 

• Do not give anything by mouth to an unconscious person. 

If on skin or clothing • Take off contaminated clothing. 

• Rinse skin immediately with plenty of water for 15-20 minutes. 

Pagelof6 

i 

I 
99

I • Call a poison control center or doctor for treatment advice. 

If inhaled • Move person to fresh air 

• If person is not breathing, call 911 or an ambulance, then give artificial 

respiration, preferably by mouth-to-mouth, if possible. 

• Call a poison control center or doctor for further treatment advice. 

Have the product container or label with you when calling a poison control center or doctor, or going for 

treatment. For emergency information on this product, call l-XXX-XXX-XXXX, [insert days of operation], 

['Insert hours of operation]. After [insert time after which number is not available}, call your poison 

control center at 1-800-222-U22. 

NOTE TO PHYSICIAN 

Probable mucosal damage may contraindicate the use of gastric lavage. Vomiting may cause aspiration 

pneumonia. 

PRECAUTIONARY STATEMENTS 

HARDOUS TO HUMANS AND DOMESTIC ANIMALS 

CAUTION: Causes moderate eye irritation. Harmful jf swallowed or absorbed through skin. Do not get in 

eyes, on skin, or on clothing. Wear protective eye wear (goggles, safety glasses or face shield). Wash 

thoroughly with soap and water after handling and before eating, drinking, chewing gum, or using 

tobacco. 

PERSONAL PROTECTIVE EQUIPMENT (PPE) 

All personnel handling treated wood or handling treating equipment (including poles/hooks used to 

retrieve charge cables) has come into contact with preservative must wear the following PPE: 

* Washable or disposable coveralls or long-sleeved shirt and long pants, 

* Chemical resistant gloves, and 

* Socks plus industrial grade safety work boots with chemical resistant sales. 

All personnel cleaning or maintaining the treatment cylinder gasket/equipment or working with 

concentrate or wood treatment preservative must wear the following PPE: 

* Washable or disposable coveralls or long-sleeved shirt and long pants, 

* Chemical resistant gloves, 

* Socks plus industrial grade safety work boots with chemical resistant sales, and 

'" A full face shield. 

In the event of equipment malfunction, or fordoor spacer placement, all personnel located within 15 

feet of the cylinder opening prior to cylinder ventilation must wear the following PPE: 

* Washable or disposable coveralls or long-sleeved shirt and long pants, 

* Chemical resistant gloves, 

* Socks plus lnd ustrlal grade safety work boots with chemical resistant sales, and 

'" A properly fitting half mask elastomeric respirator with appropriate cartridges and/or filters. 

Entry to confined spaces is regulated by Federal and/or State Occupational Safety and Health Programs. 

Compliance is mandated by law. Individuals who enter pressure treatment cylinders or other related 

equipment that is contaminated with the wood treatment preservative (e.g. cylinders that are not free 

of treatment preservative or preservative storage tanks) must wear protective clothing and/or 

equipment as required by Federal and/or State Occupational Safety and Health Compliance laws. 

Page20f6 

I 
100

USER SAFETY REQUIREMENTS 

-Personnel must leave aprons, protective coveralls, chemical resistant gloves, work footwear, and any 

other material contaminated with preservative at the treatment facility. 

-Follow manufacturer's instructions for cleaning/maintaining PPE. If no such instructions for washables 

exist, use detergent and hot water. Keep and wash PPE separately from other laundry. 

-Discard clothing and other absorbent material that have been drenched or heavily contaminated with 

the product's concentrate. Do not reuse them. 

-Eating, drinking, smoking are prohibited in the treatment cylinder load-out area, drip pad area, and 

engineering control room of the wood treatment facilities. EXCEPTION: Where treating operator control 

rooms are isolated from the treating cylinders, drip pad, and work tanks, eating, drinking, and smoking 

(depending on local restrictions) are ermitted. 

USER SAFETY REQUIREMENTS 

-Users should wash hands before eating, drinking, chewing gum, using tobacco or using the toilet, 

-Users should remove clothing/PPE immediately if pestiCide gets inside. Then wash thoroughly and put 

on clean clothing. 

-Users should remove PPE immediately after handling this product. Wash the outside of gloves before 

removing. As soon as possible, wash thoroughly and change into clean clothing. 

ENVIRONMENTAL HAZARDS 

This product is toxic to aquatic organisms. Do not discharge effluent containing this product into lakes, 

streams, ponds, estuaries, oceans, or other waters unless in accordance with the requirements of a 

National pollution Discharge Elimination System (NPDES) permit and the permitting authority has been 

notified in wiring prior to discharge. Do not discharge effluent containing this product to sewer systems 

without previously notifying the local sewage treatment plant authority. For guidance, contact your 

State Water Board or Regional Office of the EPA. 

DIRECTIONS FOR USE 

It is a violation of federal law to use this product in a manner inconsistent with its labeling. 

For terrestrial and aquatic nonfood wood/wood structure protection treatments via pressure methods 

for utility poles/cross arms, railroad ties, switch ties, bridge timbers, fence and guardrail posts, 

foundation timbers, marine and foundation round piles, sawn lumber and timber products, and exterior 

structural composite glue laminated wood and plywood products. Treated wood is intended for 

exterior/outdoor uses only. 

Requirements for the Pressure Treatment of Wood 

-Cylinder openings and door pits must use grating and additional measures such as sumps, dams or 

other devices which prevent or remove spillage of the preservative. 

-Personnel must not directly handle the charge cables, poles or hooks used to retrieve charge cables, or 

other eqUipment that has contacted the preservative without wearing chemical resistance gloves. 

-The treatment process must include a final vacuum to remove excess preservative from the wood. The 

final vacuum must attain a vacuum equal to or greater than the initial vacuum. This vacuum must be 

Page30f6 
101

held for an appropriate time period based on wood species, retention levels, and commodity treated to 

remove excess preservative from the wood. 

-At the conclusion of treatment, the cylinder must be ventilated by purging the post-treatment cylinder 

through fresh air exchange. The ventilation process is considered complete after a minimum of 2 volume 

exchanges based on the empty treatment cylinder volume. The exhaust pipe of the vacuum system or 

any air moving device utilized in conducting the air purge must terminate into a containment vessel such 

as a treating solution work tank or water/effluent tank 

-The ventilation process may be accomplished by one of the following methods: 1) activating an air 

purge system that operates while the cylinder door remains closed; or 2) using a device to open and 

hold open the cylinder door (no more than 6 inches) to allow adequate ventilation and activating the 

vacuum pump. 

-if the second method is utilized, at the conclusion of the treatment, no personnel may be located within 

15 feet of the cylinder when open (cracked) until the cylinder has been ventilated. 

-In the event of equipment malfunction, or to place the spacer to hold the door open during venting, 

only personnel wearing specified PPE are pennitted within 15 feet of the cylinder opening prior to 

ventilation. 

-After ventilation is complete, the cylinder door may be completely opened. 

-After treatment, wood must be moved to a drip pad capable of recovering excess preservative until the 

wood is drip free. 

Requirements for Wood for Aquatic or Marine Environments 

For treated wood that will be used in marine or other aquatic or sensitive environments, a double 

vacuum must be used. Following the pressure period, and once the creosote has been pumped back to 

the work tank, a vacuum shall be applied for a minimum of one and a half hours at not less than 22 

inches of Hg (560 KPa) (adjusted for elevation) of vacuum to recover excess preservative. Then, 

depending on plant equipment: 1) vacuum for a minimum of one and one-half hours at not less than 22 

inches of Hg (560 KPa) (adjusted for elevation); or 2) steam material for one hour minimum and then 

pull not less than 22 inches of Hg (560 KPa) (adjusted for elevation) vacuum for a minimum of one and 

one half hours. Maximum temperature during steam shall not exceed 240 degrees F (115.5 degrees C), 

as specified in the Best Management Practices (Aug. 2006) issued by the Western Wood Preservers 

Association, Southern Pressure Treaters Association, Timber Piling Council, and Wood Preservation 

Canada. 

Requirements That Must Be Implemented by December 31, 2013 

-For elevated temperature pressure treatment with creosote, automatic, remotely operated devices 

must be used to open, close, lock, and unlock cylinder doors. 

-For ambient creosote treatments, an automatic locking/unlocking device must be used to accomplish 

locking and unlocking of the cylinder door. 

-Mechanical methods must be used to place/remove bridge rails. 

STORAGE AND D!SPOSAL 

00 not contaminate water, food or feed by storage or disposal. 

Pesticide Storage: In caSe of spillage, absorb (with sand, earth, etc.) and dispose of in accordance with 

applicable Federal, State and local regulations. Contaminated materials must be handled and managed 

as a RCRA Hazardous Waste and treated before disposal in an approved landfill. This waste is identified 

by the EPA as a U051 hazardous waste and must meet the treatment standards specified in 40 CFR 268 

Subpart D. An RCRA Hazardous Waste Storage permit is required for storage of wastes beyond 90 days. 

Pesticide Disposal: Pesticide wastes are toxic. Improper disposal of excess pesticide or rinsate is a 

Page 4 of6 
102

violation of Federal Law. If these wastes cannot be disposed of by use according to label instructions, 

contact your State Pesticide or Environmental Control Agency, or the Hazardous Waste Representative 

at the nearest EPA Regional Office for guidance. 

BATCH CODE 

Supplemental Labeling for Creosote-Solution 

EPA Reg. No. 82024-

Creosote (P2) is registered only for pressure treatment of wood. Wood treaters must not knowingly 

pressure treat wood commodities that are not encompassed by the following use category tables, which 

provides examples from the American Wood Protection Association (AWPA) Use Category System, as set 

forth in the most current edition of the AWPA Book of Standards. 

AWPA Commodity Specification: Crossties and Switch Ties 

AWPA Use Category Commodity Examples 

UC 4A, 4B, and 4C Crossties and Switch Ties, produced from all wood species recognized 

by AWPA for this commodity. Manufactured to meet AWPA 

specifications. 

AWPA Commodity Specification: Posts 

AWPA Use Category Commodity Examples 

UC4A Posts, round, }} and J4 round for highway construction (including 

guide, sign and sight) and farm fencing. 

UC4B Posts, round, }} and J4 round for highway construction (including 

guardrail posts, spacer blocks) and for road salt/brine storage 

Posts, round, Y, and ~ round for building construction 

Round posts, for structural members in agricultural uses 

AWPA Commodity Specification: Poles 

AWPA Use Category Commodity Examples 

UC 4A, 4B, and 4C Utility poles (including laminated) 

Poles for highway and agricultural construction, lighting, building 

structural use 

Note: poles may be glued-or mechanically-lam mated 

AWPA Commodity Specification: Piling 

AWPA Use Category Commodity Examples 

UC4C Foundation and Land & Fresh Water Piles 

AWPA Commodity Specification Marine: (Salt Water/Brackish Water) 

Applications 

Page 5 of 6 
103

AWPA Use Category Commodity Examples 

UC SA, 5B, and 5C Bulkhead sheathing 

lumber/timbers use, including timbers, cross bracing, and highway 

construction 

Piles for marine applications 

Plywood for bridge and marine construction 

AWPA Commodity Specification: Sawn Products 

AWPA Use Category Commodity Examples 

UC 1, 2, and 3B Guardrails for highway construction, including for golf course bridges 

meeting highway construction standards 

UC4A lumber/timber for highway construction, including for golf course 

bridges meeting highway construction standards 

Cross anns 

Fence rail (farm/agricultural only, round, X round, Y2 round) 

UC4B Highway bridge decking (above ground, structural, subject to 

critical/severe decay) 

Road salt/brine storage I 

Highway construction materials, including cribbing, lighting 

Piles (structural support construction) 

Posts (sawn 4 sides) for highway construction, farm/agricultural use, 

spacer blocks, important building structural use 

Poles for structural building use 

lumber/timbers (5 inches or greater) for structural use; highway 

construction and cribbing; retaining walls for highway uses; 

residential/business building support 

lumber/Timbers (2 x 8 inches and/or 3 x 6 inch or greater) for marine 

use (out of water, ground contact, including salt water splash zone) 

UC4C Piles for structural support 

AWPA Commodity Specification: Wood Composites 

AWPA Use Category Commodity Examples 

UC 1,2, and 3B Composite lumber for structural uses 

Glue- or nail laminated structural members 

Plywood for agriculture, and farm use 

UC4A PSl & lVl composite lumber for highway construction 

Members (laminates) 

Plywood for bridge and farm/agricultural use 

UC4B Plywood for marine use in salt water splash zones 

Plywood for road salt/brine storage, highway construction materials 

Composite lumber for bridge and highway construction 

Glue-laminate members (important structural or saltwater splash) 

UC 4C Composite (PSl & lVl) lumber highway structural use 

Members (laminates) for critical structural uses 

Note. laminates can be glued or mechanIcally fastened 

Note: PSl '" paralJel strand lumber, lVl '" laminated veneer lumber 

Page 6 of 6 
104

TABLE OF CONTENTS 

1. Letter to Ms. Jacqueline McFarlane, Product Manager, Team 34, explaining the 

application 

2. Voluntary Small Business Certification Form for Pesticide Registration Fee 

WaiverlReduction 

3. Business Structure of Lone Star Specialty Products, LLC 

4. U.S. Income Tax Return for an S Corporation (Form 1120S) - 2008 

5. U.S. Income Tax Return for an S Corporation (Form 1120S) - 2009 

6. U.S. Income Tax Return for an S Corporation (Form 1120S) - 2010 

7. Employers Quarterly Federal Tax Return (Form 941) - July, August, September 

2010 

8. Application for Registration; EPA Form 8570-1 

9. Confidential Statement of Formula (CSF) - Basic Formulation; EPA Form 8570-4 

10. Certification with Respect to Citation of Data; EPA Fonn 8570-34 

11. Data Matrix (Generic); EPA Form 8570-35 (Agency Copy) 

12. Data Matrix (Generic); EPA Form 8570-35 (Public-Use Copy) 

13. Data Matrix (product-Specific); EPA Form 8570-35 (Agency Copy) 

14. Data Matrix (Product-Specific); EPA Form 8570-35 (Public-Use Copy) 

15. Label (5 copies) 

16. Correspondence Document: Explanations and Waiver Requests 

17. Letter authorizing registration agent 

18. Copy of check paying PRIA service fee that was sent to Washington Finance 

Center 

, , , , . ) j , , , , , , , 

• 

. . 

• 

J' >, J' . . 

. ) -" 
105

~ • • WWW,lONESTARSPECIALT)E$. 

STAR 

SPECIALTIES, LLC 

Jacqueline McFarlane 

Product Manager, Team 34 

Antimicrobials Division (7510P) 

Office of Pesticide Programs 

March 21, 2011 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460-0001 

Re: Application for Registration of Lone Star Specialty Products, Inc.'s Creosote 

Products 

Dear Ms. McFarlane: 

I hereby authorize Mr. Watter G. Talarek to act as Lone Star Specialty Products, 

Inc.'s ("Lone Star's") agent and representative for the purpose of registering its 

creosote products with the Environmental Protection Agency. These prod ucts 

contain either P1/P13 or P2 creosote as the sole active ingredient. This authority 

includes, without limitation, the authority to sign all documents necessary to 

accomplish this purpose and to access any confidential information and files that 

have been submitted in support of Lone Star's applications for registration. 

Sincerely yours, . I 

6l0Sv-=k 

Chris O. Smith 

President 

County of (!1or ri .s 

State of Texas 

) 

) 

) 

.. 

• 

, " " , 

, " 

. , , , , > , 

, 

Sworn and subscribed before me ;~ my presence by Mr. Chris Smith, President, 

the one Star Sp.,ecialty Products, Inc. on MarchdJ~2011. 

physical I 6412 U.S. Hwy 259 South Lone Star, TX 75668-3102 

mailing I P.O. Box 247 Lone Star, Texas 75668 

main 1903.656,2536 

toll 1800.256.2032 

fax 1903.656.2151 
106 

rn O!J rn (ill )J FILE SYMBOL REGISTRATION NO. 

i? .:I 0 ;). '-I - {C 

NFIDENTIAL STATEMENT OF FORMULA ENCLOSED 

SUBMITTED BY ( ...... ) 

D APPLICANT BASIC SUPPLIER 

2011 

Do Not Write Comments, 

Formula, or Paris of Formula 

on This Envelope 

NOTE 

It shall be unlawful-for any person to use for his own advantage 

or to reveal, other than to the Secretary, or officials or employees of 

the United States Department of Agriculture or other Federal agencies, 

or to the courts In response to a subpoena, or to physicians, and In 

emergencies to pharmacists and other qualified persons, fOr use In 

the preparation of antidotes, In accordance with such directions as the secretary may prescribe, any Information relative to formulas of 

products acquIred by authority of Section 4 of the "Federal Insecticide, 

Fungicide, and RodenticIde Act. ff 

USDA·AI 
Pages 107-108-*Confidential Statement of Formula may be entitled to co