1111 19th Street, NW 

Suite 800 

Washington, DC 20036 

Phone: (202) 463-2045 

Fax: (202) 463-2059

 

April 3, 2013 

BY CERTIFIED MAIL

The Honorable Bob Perciasepe 

Acting Administrator 

U.S. Environmental Protection Agency 

Mail Code 1101 A, Ariel Rios Building 

1200 Pennsylvania Ave., N.W. 

Washington, DC 20460 

Re: Petition for Determination Identifying Non-Hazardous Secondary 

Treated Wood Biomass as a Non-Waste under 40 C.F.R. §241.4 (a)

Dear Acting Administrator Perciasepe: 

The Treated Wood Council (TWC) submits the following petition under 40 C.F.R. § 

241.4 (b) for a determination that non-hazardous secondary treated wood biomass (NHSTWB) 

is, as a category, not a waste. Further, TWC requests that NHSTWB be added to the materials 

identified in 40 C.F.R. § 241.4 (a) as a material that is not a solid waste when used as a fuel in a 

combustion unit. As demonstrated below, depending on the type of NHSTWB, it has either not 

been discarded in the first instance or is processed and managed pursuant to proven practices 

comparable to those EPA has previously approved; in both cases it is legitimately used as a fuel 

in a combustion unit. To the extent any of the legitimacy criteria specified in 40 C.F.R. § 241.3 

(d)(1) are not met, NHSTWB is functionally the same as its comparable traditional fuel, and a 

balancing of all relevant factors, as relied upon in previous EPA non-waste determinations, 

requires that NHSTWB similarly be determined to be a non-waste. Supporting data for each of 

the types of NHSTWB covered by this petition are provided below. 

1. Petitioner’s Name and Address 

Treated Wood Council 

1111 19th Street, N.W., Suite 800 

Washington, DC 20036 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 2 

2. Statement of Petitioner’s Interest in the Proposed Action 

The TWC is an international trade association of the wood treating industry, serving more 

than 490 companies and associations related to the production of treated wood. TWC’s members 

have for many years generated, used, sold, or bought NHSTWB as a legitimate fuel for energy 

recovery. TWC submits this petition for a national determination that this longstanding, 

beneficial, and environmentally sound practice constitutes combustion of a non-waste fuel and 

can continue without interruption. 

3. Description of the Proposed Action 

TWC requests that the following language be added to 40 C.F.R. § 241.4 (a): 

(5) Non-hazardous secondary treated wood biomass that is transferred 

from the generating site or organization to the combustion site under 

contractual agreements throughout its transfer. Such non-hazardous 

secondary treated wood biomass may also be combined with other 

traditional fuels or other materials listed in this section. For purposes of 

this section, “non-hazardous secondary treated wood biomass” includes 

wood treated with: waterborne borate-based preservatives, waterborne 

organic-based preservatives, waterborne copper-based wood preservatives 

(ammoniacal/alkaline copper quat, copper azole, copper HDO, alkaline 

copper betaine, or copper naphthenate); creosote; oilborne copper 

naphthenate; pentachlorophenol; or dual-treated with any of the above. 

The relevant industry NAICS codes for this petition are: 321113 and 321114. The functional use 

code is U33. 

4. Need and Justification for the Proposed Action 

The proposed action is needed to redress EPA’s generic conclusion that the use of nonhazardous secondary materials – including NHSTWB – for combustion is categorized as the 

burning of a solid waste unless otherwise determined after consideration of a petition filed under 

40 C.F.R. § 241.4 (b). EPA incorporated this overall conclusion into 40 C.F.R. § 241.3 (a) with 

the adoption of its February 2013 final rule on Non-Hazardous Secondary Materials That Are 

Solid Waste.1

 To the contrary, as demonstrated below, NHSTWB is a valuable fuel that either is 

 1

Commercial and Industrial Solid Waste Incineration Units: Reconsideration and Final Amendments; 

Non-Hazardous Secondary Materials That Are Solid Waste; Final Rule, 78 Fed. Reg. 9112 (Feb. 7, 2013) (February 

2013 Final Rule). 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 3 

not discarded or is properly processed and managed, and is legitimately used as a fuel in a 

combustion unit. 

EPA’s February 2013 final rule requires that petitioners demonstrate that the secondary 

material used as a non-waste fuel in a combustion unit (1) has not previously been discarded or, 

alternatively, has been properly processed and managed, and (2) either meets the legitimacy 

criteria or, after balancing the legitimacy criteria with other relevant factors, is shown not to be a 

solid waste when used as fuel. 78 Fed. Reg. at 9158-59. The legitimacy criteria are: (a) the 

secondary material is managed as a valuable commodity, and storage must not exceed reasonable 

time frames; (b) where there is an analogous fuel, the secondary material must be managed 

consistently with the analogous fuel; (c) the secondary material must produce meaningful heating 

value; and (d) the secondary material must contain contaminants at levels comparable to those in 

traditional fuels.2

 EPA recognized in its February 2013 final rule that TWC had submitted 

information in support of a determination that NHSTWB be added as a categorical non-waste, 

and that, as to one type of treated wood, creosote railroad ties, sufficient evidence had been 

provided that EPA expects to propose a categorical listing for these materials. 78 Fed. Reg. at 

9174. TWC provides the following additional information in support of its petition for the 

addition of NHSTWB to 40 C.F.R. § 241.4 (a). 

NHSTWB Used as Combustion Fuel Has Either Not Been Discarded or Has Been 

Properly Processed and Managed; Also It is Managed as a Valuable Commodity 

and Consistently with Traditional Fuels. 

Treated wood is green, virgin wood – a material EPA recognizes as a traditional fuel – 

that has been treated with preservative solutions that slow its deterioration and extend its useful 

life in applications such as building products, railroad ties, and utility poles. After its primary 

useful life, NHSTWB products are in demand for their energy recovery value. For example, 

creosote-treated railroad ties, which are impregnated with a coal tar derivative (made up of 

traditional fuels) are sought-after as an alternative fuel because of their higher heat (measured as 

British thermal units or BTU) value, affordability, and availability. Commercial arrangements 

have for many years channeled NHSTWB materials to cement kilns, power plants, and other 

facilities, where they are handled as a valuable commodity and substitute for wood, coal, or other 

fossil fuels. They are managed and stored similarly to traditional fuels. The Class I railroads 

recycle nearly 60 percent of their used ties for energy recovery (and the remainder are largely 

 2

Identification of Non-Hazardous Secondary Materials That Are Solid Waste; Final Rule, 76 Fed. Reg. 

15456, 15551 (March 21, 2011) (March 2011 Final Rule). 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 4 

recycled for other purposes).3 Approximately 20 percent of utility poles are similarly reused for 

energy generation (and another 45 percent for other uses).4

As EPA’s February 2013 final rule acknowledges,5

 TWC has previously submitted 

evidence to the record of substantial volumes of NHSTWB used as a valuable combustion source 

at a co-gen facility in central Pennsylvania that was exclusively designed to burn these materials. 

As the table in Attachment 1 demonstrates, over the course of more than twenty years, this 

facility has burned 2.3 million tons of NHSTWB as part of its intrinsic process to generate 

electricity, under contracts with 89 commercial entities that furnish used, treated wood for 

energy recovery purposes. 

A second company, Zwicky Processing & Recycling, Inc., has provided information 

describing its facility in eastern Pennsylvania that grinds NHSTWB along with construction and 

demolition materials, which EPA has preliminarily concluded are not waste.6 (See Attachment 

2.) These materials, once combined, are used for combustion by cement plants, paper mills, and 

power generation facilities. This facility also was built specifically for these materials and, to 

give a sense of its current scale of operations, handled 140,000 tons of secondary NHSTWB and 

C&D wood during the first 10 months of 2012. 

A third company has explained that its facility combusts 75% NHSTWB and 25% other 

forms of biomass to power its operations. A sample purchase contract entered into by this 

company for railroad ties used as a boiler biomass energy source was attached to TWC’s 

February 2012 Comments in this proceeding.7 If EPA fails to categorize these materials as nonwaste, this plant could face a total shut down, without the availability of NHSTWB as a fuel 

source for this boiler. 

TWC has also provided samples in the record of numerous executed contracts showing a 

variety of types of purchase agreements for NHSTWB used for electricity generation and fuel 

combustion, and of a “Fuel Supply Agreement covering creosote-treated materials (ties, poles, 

 3

See Comment submitted by J. Gauntt, Railway Tie Association, Wood Crossties 2008 Benchmark Tie 

Disposal Survey, Docket EPA-HQ-OPP-2003-0248-0086. 

4

Morrell, J. Disposal and Re-use of Utility Poles in the Western United States: A Survey, Proceedings of 

the American Wood Protection Ass’n., vol. 104, 268-271 (May 2008). 

5

78 Fed. Reg. at 9174. 

6

78 Fed. Reg. at 9173, citing 76 Fed. Reg. at 15,485. 

7

See Attachment 4 to TWC’s Comments of February 20, 2012 in EPA Docket EPA-HQ-RCRA-2008-0329 

(TWC February 2012 Comments). 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 5 

posts, piling, and timbers) purchased by Viking Energy of Michigan as boiler fuel.8 An 

additional statement notes the use of copper naphthenate NHSTWB ties as a valuable fuel, for 

example at the DTE plant in Wisconsin, which is permitted to burn copper naphthenate, borate, 

and creosote-treated wood secondary materials for energy generation. (See Attachment 3.) 

Further, TWC’s February 2012 comments cited a statement submitted to the record by the State 

of Michigan’s Department of Natural Resources and Environment, noting that in 2009, 16,625 

tons of NHSTWB, including wood treated with creosote and pentachlorophenol, were burned for 

energy recovery and were eligible for renewable energy or advanced cleaner energy credits 

under Michigan’s Clean, Renewable, and Efficient Energy Act. 

Collectively, these submissions provide compelling evidence that NHSTWB is either not 

discarded or has been properly processed and managed, and that when used as a combustion fuel, 

it is regarded as a valuable commodity. 

NHSTWB has a Meaningful Heating Value and is Used as Fuel in a Combustion 

Unit that Recovers Energy.

TWC has previously placed in the record data showing the higher BTU value of treated 

wood compared to that of virgin wood.9

 In short, NHSTWB has a moisture content of 

approximately 20 percent, compared to the 50 percent moisture content of untreated wood 

biomass. Wood preservatives do not reduce, and some add to, the heat value of wood. Treated 

wood used for fuel is typically drier than milling by-products, such as chips or bark, resulting in 

a higher heat value at approximately 7,000 BTU/pound (300,000 BTU/cf) for waterborne, and up 

to 8,000 (400,000 BTU/cf) for oilborne treated wood products. 

Each Type of NHSTWB is Either Not Discarded in the First Instance or is Processed 

and Managed Pursuant to Proven Practices; Each Type Contains Contaminants at 

Levels that are Comparable to or Lower than the Traditional Fuels that the 

Combustion Unit is Designed to Burn, or is Functionally the Same as Its 

Comparable Traditional Fuel, and a Balancing of All Relevant Factors Supports Its 

Categorization as a Non-Waste.

 8

See Attachments 2 and 3 to TWC’s February 2012 Comments. 

9

See TWC Comments of August 2, 2010 in EPA Docket EPA-HQ-RCRA-2008-0329, Table 1 (TWC 

August 2010 Comments). 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 6 

The types of NHSTWB covered by this petition are: 

(1) Wood Treated with Waterborne Borate-Based Preservatives 

(2) Wood Treated with Waterborne Organic-Based or Copper-Based 

Preservatives 

(3) Wood Treated with Creosote (oilborne) 

(4) Wood Treated with Oilborne Copper Naphthenate 

(5) Wood Treated with Oilborne Pentachlorophenol 

(6) Wood Dual-Treated with any of the above preservatives 

In the discussion below, the different forms of NHSTWB are analyzed individually. 

Wood Treated with Waterborne Borate-Based Preservatives

Waterborne borate-based preservatives add no HAPs to traditional wood and contain 

contaminants at levels that are comparable to those of the traditional fuel that a combustion unit 

is designed to burn (wood). (See Table I on the following page.) Wood treated with boratebased preservatives is virtually identical to untreated wood in terms of HAP content. 

In fact, EPA has already determined that borate-treated wood “meets the legitimacy 

criterion on the level of contaminants and comparability to traditional fuels.”10 Waterborne 

borate-based treated woods are equivalent to “clean construction and demolition wood,” which 

EPA considers a traditional fuel.11 TWC requests that EPA provide a determination for 

waterborne borate-based preservatives that is consistent with that for clean construction and 

demolition wood. 

 1076 Fed. Reg. at 15,484. 

1178 Fed. Reg. at 9138. 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 7 

TABLE I. HAP and Other Components in Traditional Fuels and Wood Treated with Borate Waterborne 

Preservatives (ppm) 

HAP Component Wood + Borates Untreated Wood/Biomassi #2 Fuel Oili Coali

Volatile metals (Hg) 1.1 1.1 0.2 3.1 

Semi-volatile metals 

(Cd, Pb, Se) 255 255 57 241 

Low-volatile metals 

(Sb, As, Be, Cr, Co, 

Mn, Ni) 

16,842 16,842 3,551 1,822 

Total HAP metals 17,098 17,098 3,608 2,066 

Chlorine 5,400 5,400 1,260 9,080 

Fluorine 128 128 14 178 

Nitrogen 4,600 4,600 3,000 54,000 

Sulfur 6,100 6,100 57,000 61,300 

Total VOC HAP 27 27 13,745 153 

Total SVOCii HAP NAiii NA 8,900 NA 

Total POMiv 2v 2v 54,700 2,090 

Total known HAPvi 17,127 17,127 80,953 4,309 

i

Maximum values cited in EPA, Materials Characterization Paper In Support of the Final Rulemaking: Identification of 

Nonhazardous Secondary Materials That Are Solid Waste Traditional Fuels and Key Derivatives (Feb. 7, 2011) (EPA 2011a), 

EPA, Contaminant Concentrations in Traditional Fuels: Tables for Comparison (Nov. 29, 2011) (EPA 2011b). ii Semi-volatile organic compounds; includes phenol, cresols, biphenyl, dibenzofuran, and quinoline. iii NA = Indicates either data not available, not yet analyzed, or cannot be expressed accurately in table. iv Polycyclic Organic Matter (POM) is an EPA-defined chemical group that primarily consists of polynuclear aromatic 

hydrocarbons (PAH) but includes some other aromatic compounds that contain heteroatoms such as N and O. v

 Data from J. Physics: Conference Series 151, 012004 (2009). vi HAPs listed include only those with available data. 

Wood Treated with Waterborne Organic-Based Preservatives and Wood Treated 

with Waterborne Copper-Based Preservatives 

Waterborne organic-based and copper-based preservatives likewise add no HAPS to 

traditional wood. The HAP metals listed in Table II are naturally occurring in untreated wood 

and are not introduced during the treating process. The only metal introduced during treatment 

with waterborne preservatives is copper, which is not a listed HAP metal. 

EPA has also required consideration of chemicals the combustion of which will result in 

the formation of HAPs.12 As Table II on the following page indicates, nitrogen content in the 

waterborne organic-based and copper-based preservatives is below the levels found in wood and 

other traditional fuels. 

 12 Id., at 9139. 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 8 

TWC requests that EPA provide a determination for waterborne organic-based and 

copper-based preservatives that is consistent with that for clean construction and demolition 

wood. 

TABLE II. HAP and Other Components in Traditional Fuels and “End of Life” Wood Treated with Organic 

& Copper-Based Waterborne Preservativesi

 (ppm) 

HAP 

Component 

Copper-Basedii Organic-Basedii

Untreated 

Woodiii

#2 Fuel 

Oiliii Coaliv

ACQ CA CuN-W CX-A KDS PTI EL2 

Volatile 

metals (Hg) 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 1.1 

Semi-volatile 

metals (Cd, 

Pb, Se) 

255 255 255 255 255 255 255 255 255 255 

Low-volatile 

metals (Sb, 

As, Be, Cr, 

Co, Mn, Ni) 

16,842 16,842 16,842 16,842 16,842 16,842 16,842 16,842 16,842 16,842 

Total HAP 

metals 17,098 17,098 17,098 17,098 17,098 17,098 17,098 17,098 3,608 2,066 

Chlorine 5,400 5,400 5,400 5,400 5,400 5,400 5,400 5,400 1,260 9,080 

Fluorine 128 128 128 128 128 128 128 128 14 178 

Nitrogen 23iv 235iv 235iv 235iv 235iv <235iv <235iv 4,600 3,000 54,000 

Sulfur 6,100 6,100 6,100 6,100 6,100 6,100 6,100 6,100 57,000 61,300 

Total VOC 

HAP 

27 27 27 27 27 27 27 27 13,745 153 

Total SVOCv

HAP 

NAvi NA NA NA NA NA NA NA 8,900 NA 

Total POMvii 2viii 2viii 2viii 2viii 2viii 2viii 2viii 2vii 54,700 2,090 

Total known 

HAPix 17,127 17,127 17,127 17,127 17,127 17,127 17,127 17,127 80,953 4,309 

i

 Assumes same values as in EPA 2011a and EPA 2011b. 

ii AWPA Standard U1 abbreviations for waterborne preservative systems: ACQ = alkaline copper quaternary; CA = copper 

azole; CuN-W = waterborne copper naphthenate; CX-A = copper HDO; KDS = alkaline copper betaine; PTI = propiconazole + 

tebuconazole + imidacloprid; EL2 = DCOI + imidacloprid. 

iii Maximum values cited in EPA 2011a and EPA 2011b. 

ivData from Ruddick 2013; average of all samples tested. Total Nitrogen numbers assayed in weathered ACQ-treated spruce 

used to estimate N content in wood treated with all Cu-based preservatives containing monoethanolamine (MEA) co-solvents. 

Wood treated with organic-based preservatives containing no MEA will contain an unknown but lesser amount of Nitrogen. 

Maximum Nitrogen content in untreated wood cited by OAQPS databases is 4600 ppm. v

 Semi-volatile organic compounds; includes phenol, cresols, biphenyl, dibenzofuran, and quinoline. vi NA = Indicates either data not available, not yet analyzed, or cannot be expressed accurately in table. vii Polycyclic Organic Matter (POM) is an EPA-defined chemical group that primarily consists of polynuclear aromatic 

hydrocarbons (PAH) but includes some other aromatic compounds that contain heteroatoms such as N and O. viii Data from J. Physics: Conference Series 151, 012004 (2009). ix HAPs listed include only those with available data. 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 9 

Wood Treated with Creosote (oilborne)

Wood treated with creosote is the subject of a previous petition submitted by other 

parties, supported by data that EPA has already considered. Based on these submissions, EPA's 

February 2013 final rule states that “EPA also expects to propose a categorical listing for this 

material.”13 While the previously submitted data are focused on creosote and creosote-boron 

railroad ties, they also apply to creosote-treated posts, pilings, and utility poles, as demonstrated 

by Table III below. TWC requests that EPA provide a categorical determination for creosotetreated ties, posts, pilings, and poles that they are non-wastes when combusted for energy 

recovery. 

TABLE III. Estimated Concentration of Selected HAP in “End of Life” Creosote Treated Wood and 

Traditional Fuels (ppm) 

HAP Component 

Creosote-treated 

woodi Untreated Woodii Fuel Oilii Coalii

Volatile metals (Hg) 1.1 1.1 0.2 3.1 

Semi-volatile metals 

(Cd, Pb, Se) 255 255 57 241 

Low-volatile metals 

(Sb, As, Be, Cr, Co, 

Mn, Ni) 

16,842 16,842 3,551 1,822 

Total HAP metals 17,098ii 17,098 3,608 2,066 

Chlorine (non-HAP) 5,400ii 5,400 1,260 9,080 

Fluorine (non-HAP) 128ii 128 14 178 

Nitrogen (non-HAP) 4,600ii 4,600 3,000 54,000 

Sulfur (non-HAP) 6,100ii 6,100 57,000 61,300 

Total VOC HAP 0.4 27 13,745 153 

Total SVOCiii HAP 966 NAiv 8,900 NA 

Total POMv 20,130 2vi 54,700 2,090 

Total HAPvii 38,194 17,127 80,953 4,309 

i

 Data from URS 2013. Evaluation of Used Railroad Ties Treated with Creosote for Polynuclear Organic Material (POM) which 

includes Polynuclear Aromatic Hydrocarbons (PAH). Report dated January 28, 2013, prepared for Association of American 

Railroads. 

ii Maximum values cited in EPA 2011a and EPA 2011b, except where noted. 

iii Semi-volatile organic compounds; includes phenol, cresols, biphenyl, dibenzofuran, and quinoline. iv Indicates either data not available, not yet analyzed, or cannot be expressed accurately in table. v

 Polycyclic Organic Matter (POM) is an EPA-defined chemical group that primarily consists of polynuclear aromatic 

hydrocarbons (PAH) but includes some other aromatic compounds that contain heteroatoms such as N and O. vi Data from J. Physics: Conference Series 151, 012004(2009). vii HAPs listed include only those with available data. 

 1378 Fed. Reg. at 9174. 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 10 

Wood Treated with Oilborne Copper Naphthenate

Copper naphthenate treating solution is diluted with fuel oil to make a solution of 

approximately 1 percent copper metal by weight. The naphthenic acid, a by-product of crude oil 

refining, consists primarily of long-chain hydrocarbons. It combusts in the same way as fuel oil 

with the same emissions and fuel value as fuel oil “traditional fuel.” 

The fuel oil contained in oilborne copper naphthenate NHSTWB may add 10 to 20 

percent more heat value than untreated wood biomass. The fuel oil contained in copper 

naphthenate treated wood contains contaminants comparable to those in fuel oil, a traditional 

fuel, and, according to EPA's prescribed analysis, wood treated with oilborne copper naphthenate 

should be determined to be a non-waste when combusted in units designed to burn wood and fuel 

oil. (See Table IV below.) 

TABLE IV. Estimated Concentration of Selected HAP in “End of Life” Copper Naphthenate (CuN) Treated 

Wood and Traditional Fuels (ppm) 

HAP Component CuN-treated woodi

 Untreated Woodii Fuel Oilii Coalii

Volatile metals (Hg) 1.1 1.1 0.2 3.1 

Semi-volatile metals (Cd, 

Pb, Se) 255 255 57 241 

Low-volatile metals (Sb, 

As, Be, Cr, Co, Mn, Ni) 16,842 16,842 3,551 1,822 

Total HAP metals 17,098ii 17,098 3,608 2,066 

Chlorine (non-HAP) 5,400ii 5,400 1,260 9,080 

Fluorine (non-HAP) 128ii 128 14 178 

Nitrogen (non-HAP) 4,600ii 4,600 3,000 54,000 

Sulfur (non-HAP) 6,100ii 6,100 57,000 61,300 

Total VOC HAP 379 27 13,745 153 

Total SVOCiii HAP 33 NAiv 8,900 NA 

Total POMv 414 2vi 54,700 2,090 

Total HAPvii 17,924 17,127 80,953 4,309 

i

0.08 pcf Cu & 4 pcf solution retention + 32 pcf wood @ 50% treatable volume = 0.94% w/w copper naphthenate (0.11% Cu) 

and 4.6% oil in total freshly treated wood mass. Wood assayed after 12 years exposure showed 35% average Cu loss (IRG/WP 

00-30242); calculations assume 66% organic (diluent oil) loss based on creosote loss during service (URS report to AAR, 2013). ii Maximum values cited in EPA 2011a and EPA 2011b. 

iii Semi-volatile organic compounds; includes phenol, cresols, biphenyl, dibenzofuran, and quinoline. iv Indicates either data not available, not yet analyzed, or cannot be expressed accurately in table. vi Polycyclic Organic Matter (POM) is an EPA-defined chemical group that primarily consists of polynuclear aromatic 

hydrocarbons (PAH) but includes some other aromatic compounds that contain heteroatoms such as N and O. vi Data from J. Physics: Conference Series 151, 012004 (2009). vii HAPs listed include only those with available data. 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 11 

The total HAP concentration in end-of-life copper naphthenate treated wood is slightly 

higher (less than 5%) than the total HAP concentration in untreated wood, but considerably less 

than the total HAP concentration in fuel oil. TWC requests that EPA provide a categorical 

determination for copper naphthenate treated wood NHSTWB that they are non-wastes when 

combusted for energy recovery in the same type boilers approved for creosote treated wood. 

Wood Treated with Pentachlorophenol

Pentachlorophenol (penta) is a pesticide chemical manufactured by reacting phenol with 

chlorine. Phenol is a by-product of petroleum manufacturing. Penta is sold to wood preserving 

plants as either a solid block or a concentrated liquid. Solid penta is dissolved in petroleum oil, 

typically diesel or fuel oil grades. Liquid or dissolved-solid penta is diluted to approximately 5 

to 10 percent in oil for the treatment solutions. Technical penta contains 86% pentachlorophenol 

with the balance other chlorinated phenols. 

Penta-preserved wood contains approximately 4 pcf of fuel oil, used as a carrier for the 

penta in treatment. The fuel oil contained in penta-treated NHSTWB may add 10 to 20 percent 

more heat value than untreated wood biomass. Fuel oil is a “traditional fuel.” Penta contains 

chlorine, but to avoid double-counting the chlorine, this has not been listed separately, as penta 

including the chlorine is already listed as a HAP. 

The HAPS in penta-treated wood are comparable to those in the traditional fuels wood, 

coal, and fuel oil, except for pentachlorophenol itself, which is an EPA-listed HAP (see Table V 

on the following page). The total HAP concentration in end-of-life pentachlorophenol treated 

wood is higher (about 16 %) than the total HAP concentration in untreated wood, but 

considerably less that the total HAP concentration in fuel oil. Pentachlorophenol is deliberately 

added to the wood for its preservative properties. Its presence in no more meaningful to this type 

of NHSTWB’s use as a legitimate fuel than the formaldehyde (also a listed HAP) in resinated 

wood, similarly added to the wood product for its desirable properties. In fact, the amount of 

pentachlorophenol in a treated wood utility pole at the end of its service life (approximately 1800 

ppm) is a small fraction of the amount of formaldehyde-containing resin in a comparable unit of 

resinated wood used as fuel. As noted previously, energy generators have long relied on 

purchasing this form of biomass as an important fuel, with contracts in the record establishing 

these established commercial arrangements. The State of Michigan has specifically noted the 

legitimate use of penta NHSTWB as a clean fuel that is eligible for renewable energy or 

advanced cleaner energy credit under Michigan’s Clean, Renewable, and Energy Efficiency 

Act.14

 14 Comments of Steven R. Silver, Chief, Solid Waste and Land Application Section, Environmental 

Resource Management Division, Michigan Department of Natural Resources & Environment, at 8 (Aug. 3, 2010), 

filed in EPA Docket No. EPA-HQ-RCRA-2008-0329. 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 12 

EPA has determined that, despite the higher level of formaldehyde in resinated wood 

compared to the traditional fuel wood, the balance of factors favors a determination that 

resinated wood secondary materials are properly viewed as fuel when combusted for energy 

recovery.15 Like resinated wood, penta-treated wood is a sought-after fuel, has a long track 

record of commercial dealings evidencing its established use for energy recovery, has a high 

BTU value, is clearly considered and managed as a valuable commodity, is used in plants 

designed specifically to use this material; and like resinated wood, disrupting this established 

commercial relationship would cause adverse economic – and also environmental – 

consequences. 

Based on a balancing of the relevant factors, using the same type of balancing analysis 

that EPA has followed in considering resinated wood, EPA should conclude that penta-treated 

NHSTWB is a categorical non-waste. 

TABLE V. Estimated Concentration of Selected HAP in “End of Life” Pentachlorophenol Treated Wood and 

Traditional Fuels (ppm) 

HAP Component 

PentachlorophenolTreated Woodi Untreated Woodii Fuel Oilii Coalii

Volatile metals (Hg) 1.1 1.1 0.2 3.1 

Semi-volatile metals 

(Cd, Pb, Se) 255 255 57 241 

Low-volatile metals 

(Sb, As, Be, Cr, Co, 

Mn, Ni) 

16,842 16,842 3,551 1,822 

Total HAP metals 17,098ii 17,098 3,608 2,066 

Chlorine (non-HAP) 6,691ii 5,400 1,260 9,080 

Fluorine (non-HAP) 128ii 128 14 178 

Nitrogen (non-HAP) 4,600ii 4,600 3,000 54,000 

Sulfur (non-HAP) 6,100ii 6,100 57,000 61,300 

Total VOC HAP 379 27 13,745 153 

Total SVOCiii HAP 1865 NAiv 8,900 NA 

Total POMv 414 2vi 54,700 2,090 

Total HAPvii 19,756 17,127 80,953 4,309 

i

 0.38 pcf pentachlorophenol & 4 pcf solution retention + 32 pcf wood @ 50% treatable volume = 0.55% w/w PCP and 5.0% oil 

in total treated wood mass. Wood assayed after 8 years exposure showed 66% penta loss (IRG/WP-00-30242); calculations 

assume 66% diluent oil loss based on creosote loss during service (URS report to AAR, 2013). ii Maximum values cited in EPA 2011a and EPA 2011b. 

iii Semi-volatile organic compounds; includes phenol, cresols, pentachlorophenol, biphenyl, dibenzofuran, and quinoline. iv Indicates either data not available, not yet analyzed, or cannot be expressed accurately in table. v

 Polycyclic Organic Matter (POM) is an EPA-defined chemical group that primarily consists of polynuclear aromatic 

hydrocarbons (PAH) but includes some other aromatic compounds that contain heteroatoms such as N and O. vi Data from J. Physics: Conference Series 151, 012004 (2009). vii HAPs listed include only those with available data. 

 1578 Fed. Reg. at 9155-58. 
The Honorable Bob Perciasepe 

April 3, 2013 

Page 13 

TWC requests that EPA provide a categorical determination for pentachlorophenol 

NHSTWB that they are non-wastes when combusted for energy recovery in the same type 

boilers approved for creosote treated wood. 

Dual-treated Wood

Combinations of preservatives may be used for some treated wood products. The 

analysis does not differ from the foregoing discussion of each of these individual treatment 

chemicals. Like the underlying NHSTWB formulations, combined treatments should also be the 

subject of a categorical non-waste determination. 

TWC requests that EPA provide a categorical determination for dual waterborne treated 

wood that is consistent with that for clean construction and demolition wood. TWC requests that 

EPA provide a categorical determination for dual treated NHSTWB using an oilborne 

preservative that they are non-wastes when combusted for energy recovery in the same type 

boilers approved for creosote treated wood. 

Conclusion

Unless EPA properly classifies these materials as non-waste, they will be diverted to 

landfills, resulting in (1) the use instead of fossil fuels with higher net greenhouse gas emissions 

(GHG), and (2) the likelihood that landfilled treated wood will eventually break down to produce 

methane, with twenty times the comparable impact on climate change as carbon dioxide.16 

For all the reasons set forth above, TWC requests that EPA issue a categorical 

determination that the specified non-hazardous secondary treated wood biomass materials are not 

a waste. 

 Respectfully submitted, 

 

 Jeffrey T. Miller 

 President & Executive Director 

Cc: George Faison (Faison.george@Epa.gov) 

 16 See, EPA, Greenhouse Gas Emissions, http://www.epa.gov/climatechange/ghgemissions/gases/ch4.html.