New York State Banner
D E C banner
D E C banner

Environment DEC


From the August 2007 issue

Bill to Protect Workers, the Environment from Toxic Products with Creosote Signed

Governor Eliot Spitzer recently signed legislation that will partially end the manufacture, sale and use of creosote in New York State.

Judged a Possible Carcinogen in 1995

Creosote is the name used for a variety of products that are mixtures of many chemicals derived by high temperature treatment of coal, tar or wood. It is used in various industrial applications to preserve wood and prevent insect infestation. The U.S. Environmental Protection Agency (EPA) in 1995 classified creosote as a probable human carcinogen. The EPA also classifies it as a hazardous waste. It is also known to cause an array of worker health problems after direct and extended exposure. These problems can include skin rash and irritation, eye irritation and injury, and respiratory distress. These problems are exacerbated during the summer months when high temperatures accentuate creosote fumes and limit the ability of workers to wear heavy, protective clothing for long periods of time.

"This is a law that will protect the environment, and help ensure that workers will be protected from the harsh effects of this dangerous chemical," said Governor Spitzer. "I am pleased that we were able to achieve a sensible, workable bill that provides long-needed protections while not hampering business needs."

DEC Commissioner Pete Grannis said, "This is a classic case of a situation that requires a national solution. But when the federal government won't act, it's up to the state to step in to protect its citizens. In the past, this bill was vetoed because we were waiting for the federal EPA to take action. But we can't continue to wait."

The Bill's Key Provisions

wooden utility transmission poles
Utilities and railroads would be exempt from the provisions of the law

This bill provides for the phasing-out of the manufacture, sale and use of creosote in New York after January 1, 2008, and after January 1, 2010 for existing marinas and other facilities used for the berthing, mooring and storage of vessels. The bill exempts products containing creosote that are in use as of the phase out date, and also exempts the following users and uses of creosote:

  • Railroads and the operation and/or maintenance of railroads and railroad shipping facilities;
  • Electric corporations, and the maintenance of new or existing utility poles owned or used by utility, telecommunications and similar companies;
  • Use of utility poles by other persons to suspend or support power, communications, utility wires, lines or cables and related equipment, antennae, lighting, signals, electric or electronic devices and similar equipment, and
  • Public authorities and utilities that own and operate electric transmission or distribution lines.

More Information

For the comments of other officials on the bill, see the full press release from which this story was excerpted.