EPA: DC Ban A Protype of Future Federal Action?

Speculation comes from the online newsletter, Environmental Newsstand, that the United States EPA may use the future renewal of a community's MS4 Permit as a means of requiring a coal tar sealant ban.  We have heard it from a few sources that is the same means that the State of Michigan was going to implement their statewide ban before the entire legislation was challenged in court.  According to the publication, there are nationwide 185 impaired water bodies due to the main constituent of concern, PAHs or polycyclic aromatic hydrocarbons. 

For those of you unfamiliar with MS4 permits, here's a general definition from the EPA:

Storm water traveling over land eventually drains into a system of conveyances. This system is referred to as a municipal separate storm sewer system (MS4). By definition an MS4 is a system of conveyances that include catch basins, curbs, gutters, ditches, man-made channels, pipes, tunnels, or storm drains that discharges into waters of the United States. An MS4 moves water away from an area to a local water body. The EPA is now requiring certain urbanized municipalities to address storm water quality.

While a draft of the District of Columbia permit is available online, it is a little unclear this is merely a reflection of actions already taken or prototype method of compliance for EPA to test out. 

The language of the permit is:

The Permittee shall implement the District’s ban on coal tar pavement products, including conducting outreach and enforcement activities.

This is a subscription-based service, so a link to the full article is not possible.  However free access is advertised for a few downloads if you sign up with a credit card.

Unofficial USGS Video Series Now Online!

The United States Geological Survey (USGS) has produced the majority of the scientific work into the problem of coal tar sealant pollution.  They generously have worked to educate the public about their research either by webcasts or personal presentations.  While this series, which is taken from an August 2010 presentation in Springfield, Missouri, is available in its entirety here (nearly 2 hours in length), it is presented here in briefer, more viewable segments.

The first six videos have been edited and are:

    **Summary of USGS Studies in less than 2 minutes

1. What are PAHs?
2. What is Coal Tar?
3. USGS Washoff and Outdoor Dust Studies
4. Indoor Dust Study
5. 40 Lakes Study
6. Q&A, Where is the EPA? Exposure pathways?  What about cancer clusters?

These videos are available by clicking the title of the video.  Let me know if this is helpful to you.  Future videos will include USGS' approach to scientific studies (why & how they do their work), and some Q&A about the topic.

Tribute to My Friend, CTS Pollution Pioneer, Tom Bashara

Tom Bashara at Pavement Test Plots in Austin, TX

Earlier today I was shocked to learn of the loss of my friend and colleague, Tom Bashara.  He was a young man with a young family which deepens our sense of loss.

Often the USGS has anonymously referred to Tom as "an astute City of Austin employee" who noticed that just above a contaminated stream tributary was a freshly sealed coal tar lot.  He was the first to figure out that coal tar sealants are a potent source of pollution; the co-author of numerous papers on the subject; the first and main "boots on the ground" enforcement officer of Austin's coal tar sealant ban; and the co-inventor of the field test for determining the presence of coal tar sealant.  He never wanted the limelight, only to make a difference, which he did immensely.

Update 5-24-11: Here's an edited video of the Austin City Council meeting in 2005 where Tom is acknowledged as the discoverer of this PAH source:

Much more than this, he was an example of true Christian character; a hard worker at home and at the office; forgiving and willing to help out others as much as he could; a devoted family man; a brilliant, creative man who was a tremendous resource for problem solving; and always good for a laugh or joke.  It is with the spirit of laughter that I have included a copy of a video I made of him testing a parking lot.  He said he laughed so hard at it, that he spilled coffee all over himself.  We'll miss you my friend! 

Related Posts:

City of Austin Names Creek in Honor of Coal Tar Sealant Pollution Pioneer Tom Bashara

Prior Lake Now 8th Minnesota City to Enact a Ban!

Now there is only one way to apply sealants in Prior Lake, Minnesota: coal tar free!  Last night the City Council adopted an ordinance banning the use of coal tar containing pavement sealers.  The ban prohibits the use or sale of the material.  According to the ordinance:

 Any person convicted of violating any provision of this ordinance is
guilty of a misdemeanor and shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for not more than ninety (90) days, or both, plus the costs of prosecution in either case.

The ban is scheduled to go into effect after the next publication of the Prior Lake American, which is scheduled for April 23, 2011.

The list of communities that have enacted bans is maintained at this link.  Congratulations to Prior Lake!

USGS Shines As PCTC Whines in DC

Earlier today the USGS presented the state of their research into the problem of coal tar sealant pollution.  Well-illustrated graphics, like the one above, helped communicate the science of coal tar to the Congressional representatives.

The Pavement Coating Technology Council (PCTC) countered that they didn't have a chance to present their perspective on science with their own scientists.

Brian Van Wye from the District of Columbia stated that the District appreciates the USGS work and their ban represents "low hanging fruit" when dealing with polycyclic aromatic hydocarbon (PAH) pollution in their waterways.  Fish in D.C. area streams commonly have fish tumors associated with PAH toxicity.

A Water Environment Federation representative asked about the mobility of PAH's downstream of a parking lot.  While they are highly mobile with sediment, Dr. Barbara Mahler of the USGS notices that "PAH hotspots" can be present near parking lots.

Another question was about testing for the effectiveness of a ban in places like Austin, Texas.  Unlike the approach taken by PCTC in testing highly variable stream sediment, the USGS believes the appropriate location for determining trends would be larger water bodies like lakes and after at least 10 years.

An audio recording of this talk is available.

"We Are the First, We Won't Be the Last," Ban Officially Passes Washington Legislature!

From the Washington Environmental Council:

First in nation ban on toxic coal tar sealants passes WA state legislature

Sealants contain high levels of toxic substances, posing threat to public health

OLYMPIA – Today, the Washington State Legislature enacted a first-in-the-nation ban on toxic coal tar sealants, a substance responsible for significant stormwater pollution and toxic contamination in lakes and waterways across the country. ESHB 1721 prohibits the sale of coal tar in Washington in 2012 and prevents the application of coal tar in 2013.

“Washington has long been a leader preventing exposure to harmful toxins,” said Joan Crooks of the Washington Environmental Council. “This bill is another big step forward to ensure we are protecting children’s health and the environment from harmful water pollutants.”

Coal tar is a byproduct from the use of coal in steel manufacturing. Coal tar sealant is one of a variety of available products that are applied to driveways, parking lots and playgrounds. Recent United States Geological Service (USGS) studies have shown that coal tar sealant contains high levels of suspected carcinogens. Coal tar residues are tracked into homes, exposing children to the toxins, and through toxic stormwater runoff are washed into lakes and rivers, polluting them. 

While coal tar is not widely used in Washington, it is available. The USGS tested only two lakes in the state, Lake Washington and Lake Ballinger, and found coal tar contamination in both.

“I’m proud we passed the first statewide ban against this nasty toxic threat before it can further contaminate our waters and threaten the health of our people,” said Rep. David Frockt, who sponsored the bill. “We are the first, but we won’t be the last, because we are leading the nation in the right direction.”

Cleaning up coal tar contamination is expensive:  cities and businesses spend millions of dollars every year cleaning up contaminated sediments, including pollution from coal tar.  A number of local jurisdictions across the country, including cities in Texas, Wisconsin, and Minnesota, have banned coal tar. However, Washington is the first state in the country to take this important action. 

Despite strong opposition from the Virginia based coal tar industry association, the Washington legislature passed the coal tar ban with bi-partisan support. Washington’s action on this issue is timely; tomorrow, the United States Congress is holding hearings on the toxicity and problem associated with coal tar. 

USGS to Brief Congress on Coal Tar Sealant Pollution

With the federal budget crisis averted, the United States Geological Survey (USGS) will brief Congress on the results of their research on this topic. The following notice gives the details. This briefing is sponsored by a non-partisan, non-profit scientific group; a technical water quality group with 36,000 members; and the Congressional leader on this topic.

We have covered the USGS work before on this blog with a few enhancements.

• a layman's guide to the USGS research
• a survey of the contribution of coal tar sealants to 40 lakes across the country
• the indoor dust study that showed strong connection between cts sealant use on a parking lot and elevated levels of polycyclic aromatic hydrocarbons in house dust (this was first covered in the national media in a story by MSNBC in January 2010).

If you plan on attending you may want to watch where you step.  Several of the lots around the Capitol appear to be sealed with coal tar.  If you can't attend, check out the video to your right or on YouTube.  It is the same researcher explaining in lay terms the problem of coal tar sealants.

PAHs Increasing in Urban U.S. Lakes

Thursday, April 14, 2011
10:30 a.m. – 12:00 noon
H-137 U.S. Capitol Building
The Environmental and Energy Study Institute (EESI), Water Environment Federation (WEF), and Office of Rep. Lloyd Doggett (D-TX) invite you to a briefing featuring new national findings from the U.S. Geological Survey (USGS) on increasing levels of polycyclic aromatic hydrocarbons (PAHs) in urban lakes studied in 40 cities from Anchorage, Alaska, to Orlando, Florida.

PAHs are widespread in the environment and are a significant environmental topic because several are probable human carcinogens, they are toxic to fish and other aquatic life, and their concentrations have been increasing in urban lakes in recent decades.

The speaker for this briefing is:

Barbara Mahler, Scientist, National Water Quality Assessment Program, U.S. Geological Survey 

New USGS findings highlight major sources associated with the increasing PAHs. Findings show, for example, that coal-tar-based pavement sealant is a much larger source of PAHs to urban lakes than previously identified sources, such as vehicle emissions, used motor oil, and tire particles. The sealants are used on parking lots, driveways, and playgrounds but rarely used on roads. Additionally, USGS studies show that levels of PAHs in the dust of residences adjacent to parking lots with coal-tar-based sealants are about 25 times higher than in the dust of residences near other surface types.

This briefing is held in cooperation with the USGS Office of Water Quality and its National Water-Quality Assessment (NAWQA) Program. 

This briefing is free and open to the public. No RSVP required.
For more information, contact Laura Parsons at lparsons [at] eesi.org or (202) 662-1884

With Impressive Bi-Partisan Support, Washington State Ban Passes Senate; First State Ban Close!

This evening the State of Washington's Senate passed SB 1721 (36 Y, 12 N)  which will ban coal pavement sealants for use throughout the State.  This will require concurrence with the House of Representatives, but it a similar bill has passed both the House and the Senate.  The United States' first statewide ban of coal tar pavement sealants is close!

In its current form, the law would have the following effective dates:

After January 1, 2012, no person may sell at wholesale or retail a coal tar pavement product that is labeled as containing coal tar.

After July 1, 2013, a person may not apply a coal tar pavement product on a driveway or parking area.

 The makeup of the Senate is 27 Democrats and 22 Republicans.  This would mean nearly half the Republicans supported this measure.



Great New Resource for Coal Tar Info

 Every now again a community comes along to assemble the disparate sources of information about coal tar sealants in one place.  It serves the purpose to assist their respective communities in decision making and is a communication tool if any legislative action is taken.  The City of Austin, TX did this early on in their effort to pass an implement a ban, but the update to their website is not as current as others.  During 2009 and 2010 the City of Springfield, Missouri created a different summary that had new resources including presentations by the USGS, the City of Austin, and the Pavement Coatings Technology Council (PCTC).  

Now McHenry County, a suburban county outside of Chicago has assembled a new information summary.  Topics include:

• Studies at state and local level
• Independent studies
• Examples of legislation
• Additional coal tar related information
• Blogs and industry arguments (including industry funded studies)

This is a very good summary, and not just because this blog is referenced.  By the way, someone may get the unintended notion from this document that CoalTarFreeAmerica is funded by some anti-coal tar corporate interests.  Not at all.

A few notable exceptions that should be included in future editions, in my humble opinion, are:

•  the USGS summary document for decision makers that we reported on in this blog.  This explains the state of USGS' research in a non-scientific manner that should be helpful to entire non-technical community members.
• the wear off study by the City of Austin.  Officially, A Photographic Method for Estimating Wear of Coal Tar Sealcoat from Parking Lots it sets for our knowledge of how quickly these materials leave parking lots.
• a video presentation by Barbara Mahler & Peter VanMetre of the USGS explaining to the Springfield City Council the essence of their research with information about USGS research protocol, and the abc's of coal tar and polycyclic aromatic hydrocarbons (PAHs).  While it is kind of long (1 hour and 45 minutes), it is worth the time if you are just trying to understand the big picture with this issue.

Wicked Wetland Regs Limit Coal Tar Sealants

The Commonwealth of Massachusetts joins the growing list of governmental bodies that have enacted some legislation regarding the application of coal tar pavement sealants.  In general, it requires new development affecting wetlands must certify that any future pavement maintenance activity exclude the use of coal tar sealants.  This action recognizes the negative impacts of PAHs from coal tar sealant on aquatic ecosystems.  It covers not just areas adjacent to wetlands and stream buffers, but also those parking surfaces that may be hydraulically connected through storm drains.  Future reporting is also mandatory.

Not only are there rules at the state level, but over half of communities within Massachusetts have enacted more stringent wetland regulations.  Just how they address the issue of pavement sealants is uncertain.   One community though, Sudbury, prohibits the use of coal tar sealants on any new development that would require a general stormwater permit.  This now brings the number of states or territories that have some municipal or state regulations of coal tar sealants to ten!