Prominent Industry Group Changes Position on Bans

According to the publication, Inside EPA, the National Pavement Contractors' Association (NPCA) will no longer oppose coal tar sealant bans.   The NPCA manages a discussion forum that is probably the most robust discussion of pavement topics on the internet.  The most prolific section of discussion is on sealcoating.  To say that the group historically is pro-coal tar is an understatement.

An unnamed representative of the group stated added that if asphalt-based sealants don't last quite as long as coal tar sealants that is actually good for business. 

If true, this is a significant turn around from previous years when the forums could not tolerate any open dialogue about the problem of coal tar sealant pollution.  NPCA staff, at that time, stated that Austin's ban was based upon testing at only one location instead of the multiple creeks throughout the City and that the ban was based upon a conspiracy for financial gain.

Let's hope this is the beginning of a new perspective from this group.

I Guess Sealants are Sexy After All!

About the time that Austin, TX was considering the nation's first ban of coal tar pavement sealants, a local reporter pointed out a problem with the whole discussion: the topic, though important and serious, just isn't sexy enough to get people's attention.  [See "Sexing Up Sealants"]

Now with a little help from a popular sitcom re-run, we can all appreciate that the subject is a bit more tantalizing than we thought. By the way, the clip is PG to PG13 at the most.

Rachel Proctor May, formerly of the Austin Chronicle, I hope you get a chuckle out of this too.

A Source of Toxic PAH-llution

Article from the Fall 2011 Estuary News of the Partnership for the Delaware Estuary

Ever cringe while watching a video from the ’50s of children being sprayed with DDT at a neighborhood pool? Maybe you were one of them! Or do you ever wonder, what were they thinking as doctors smoked in patients’ rooms in the ’60s? Ever feel that way when you or your neighbor seals a driveway? Do you feel a sense of foreboding for the environment and perhaps the children that may play on this surface? Most don’t—yet, but I do, and let me tell you why.

What is Coal Tar?

Most of the black liquid sprayed or mopped onto driveways and parking lots as pavement preservation or beautification is made from a material called “coal tar.” Coal tar is a waste product from the steel industry where purified coal (called “coke”) is used. Consequently, the most common kind of hazardous waste site in the United States is from coal tar. That fact prompted one headline from the Chicago Tribune: “Too Toxic for the Dump, But OK for Your Driveway.”

There are other parking-lot sealants on the market that are much less toxic, like asphalt, gilsonite or acrylic, but their use is far less common.: “Too Toxic for the Dump, But OK for Your Driveway.”  There are other parking-lot sealants on the market that are much less toxic, like asphalt, gilsonite or acrylic, but their use is far less common.

What is the Problem with Coal Tar-based Pavement Sealant?

“There is a very clear connection between the use of these sealants and high levels of contamination downstream,” said Dr. Alison Watts, a University of New Hampshire researcher who studied the connection between parking-lot sealant and stream pollution. “The problem isn’t going to go away if you keep putting this stuff down every three years.”  The chemical of concern is actually a family of chemicals: polycyclic aromatic hydrocarbons (PAHs).

Graphic Depicting Coal Tar Sealant Pollution from MN Pollution Control Agency

 Just last year, the instantaneous effects of coal tar sealant pollution were caught on film in Boone, North Carolina after a coal tar sealant applicator’s work was washed off into a stream by a storm. Numerous trout and crayfish died as a result. Early this year the Town of Boone enacted rules to restrict the use of coal tar sealants there. The video is available on YouTube and can be found by searching for “coal tar,” “Boone” and “fish kill.” [or just look at the videos listed on this site]

PAHs are created from the incomplete combustion of organic material and can come from a variety of sources, but in much smaller concentrations. According to a 2005 study by the City of Austin, the concentration of coal tar sealant is dramatically higher than that which flakes off any other source. In fact, the flakes that come off a driveway are more than 1,000 times more toxic than the “effects concentration” of aquatic species. The effects concentration is the concentration which causes observable, adverse biological effects and reproduction problems in aquatic species.

What about the Effects of Coal Tar Sealants on People?

The U.S. Geological Survey (USGS), an environmental science and research branch of the U.S.government, found that people living in ground-level apartments in Austin, Texas, where coal tar sealants are on the parking lot, are likely to have elevated  PAH concentrations in the dust in their carpets. While there currently is no standard in the United States for PAH concentration in household dust, a German standard was exceeded in more than one in three apartments.  PAHs have been documented to cause cancer, birth defects, learning disabilities, asthma, and decreased sperm counts in men. The lifetime cancer risk factor for coal tar sealant exposure has not yet been published, but soon it will be. [Editor's note: Actually this was done by a toxicologist in a public meeting last week, see UConn PAH Seminar: Human Cancer Risks Federally "Unacceptable"]

The Road Ahead

Currently over 10 million U.S. citizens live in communities where coal tar sealants are banned. Home Depot and Lowes have stopped selling coal tar sealants in their stores.  The Commonwealth of Massachusetts limits the use of coal tar sealants near wetlands. The State of Minnesota has ceased its use on state properties and projects. Statewide legislation has been introduced in a half-dozen states and was passed in 2010 in the State of Washington. 

Discussions have begun at a national level about phasing out the use of this product. In the meantime, concerned individuals can minimize their risks by not using coal tar sealants, being aware of their exposures, getting involved in phase-out efforts at the national and local level, and talking to their communities about coal tar sealant pollution.

This site and the views expressed in this article are not associated with, or paid for by, any city, trade organization, or manufacturing group.

UConn PAH Seminar: Human Cancer Risks Federally "Unacceptable;" More New Challenges for Coal Tar Sealants

For the first time, a toxicologist has publicly presented the probable risks to children exposed to soil and dust tracked into homes from coal tar pavement sealants.  An excess risk of 1 in 10,000 was estimated.  Federal law deems this risk "unacceptable" and is "sufficient basis" for action.  While the professor from Baylor University, Dr. Spencer Williams, thought more information should be studied, others at the conference wondered if it wasn't more than enough.

"CSA"-coal tar sealant affected

from Site remediation planning and management by J. Andy Soesilo, Stephanie R. Wilson

He presented a conservative, yet compelling look at the cancer risks for children coming into contact with coal tar sealants. While he stated that the excess cancer risk of 1 in 10,000 is theoretical and he'd like more research, it nonetheless is a strong indictment of a product that has no demonstrable pavement benefit and is not recommended for use by the Asphalt Institute.

Other new and information was presented that may hasten the demise of coal tar pavement sealants.  More of the seminar will be presented in the future, but here are some take away points.  Dr. Peter Van Metre of the USGS presented the results of a soon-to-be-published study of airborne releases of PAHs from coal tar sealants (CTS).  As seen below, CTS annual emissions (1,000 Mg or 2,200,000 lbs) are greater than the entire US auto emissions (840 Mg or 1,848,000 lbs)!  With the recent research on the effects of airborne PAHs and negative birth outcomes (weight, IQ), this should be another wake up call.

Below is a slide from a presenter from Minnesota, Randy Neprash, P.E. with the staggering estimate of what cleaning up the estimated coal tar sealant contaminated ponds in the Minneapolis area: $1 to $5 Billion!  That's why many bans are happening there.

One of the highlights for me was when Pete Van Metre asked Anne LeHuray of the Pavement Coatings Technology Council a pleasant, but direct question.  Essentially he asked, "while our experts disagree about theoretical PAH modeling, how do you respond to the extraordinarily high, real PAH values found on coal tar parking lots at many locations and in many coal tar products?"  She gave no answer to this direct question.  Why?  Because there is no good answer.

A video stream of the conference, along with the presenters' slides, can be found at http://mediasite.dl.uconn.edu/Mediasite/Viewer/?peid=c74edb04-b9c1-4882-afcc-4c7c69b3e236

Edina Becomes Minnesota's 13th Community to Ban Coal Tar Sealants

Last night Edina, Minnesota, in spite of pressure from industry, passed a ban of coal tar pavement sealants.  With a population over 47,000 and the reputation of being one of the most affluent suburbs of Minneapolis, Edina's ban will go into effect next week.  I'm getting behind on my tally of communites, which is a good thing!

Sealant Removal Video Now Available from Washington, D.C.

As reported recently on this blog, this video shows last month's remediation of a coal tar sealant ban violation in Washington, D.C..  This action was done under the authority of the District of Columbia's Department of the Environment.  

The large hose attached to the machine is to filter dust out of the air and the man walking behind the machine is pushing a magnetic bar to pick up any steel shot may be remaining on the pavement.  While some have said this couldn't be done, you can see this is a quick, clean operation that eliminates future sealant pollution problems.

Coal Tar Free America first reported on this technique on the following blog post:  (see What If CTS is on My Driveway?!),

12th Minnesota Town Says "NO" to Coal Tar Sealants

 

Tonight the City of Inver Grove Heights passed a ban of coal tar pavement sealants.   With over 578 stormwater ponds that collect this toxic sediment, the City is now eligible to receive state grants to assist in the costs of disposal of the dredged pond material.  This is a huge problem throughout the Minneapolis region and probably throughout the country.  Congratulations to the people of Inver Grove Heights!

DC Ban Violator Successfully Removes Toxic Sealant!

The District of Columbia's Department of the Environment has completed their first remediation of a violation of their coal tar sealant ban. The technique, shot blasting, has been described on this site (see What If CTS is on My Driveway?!) as a means to remove the material without causing additional pollution problems. I hope to post a video of the removal in DC soon. Congratulations to the District of Columbia!

October 20, 2011

District Orders Removal of Toxic Coal Tar Sealant From Private Parking Lot

Banned product a major source of pollution. (WASHINGTON, DC) -- The District Department of the Environment (DDOE) announced today that a 23,000 square-foot privately-owned parking lot in Northeast DC, contaminated with toxic coal tar pavement, was successfully remediated on Sunday, October 16, 2011.  Remediation of the lot, which drains into the Anacostia River, started on October 11, 2011 after a DDOE inspector issued a Notice of Violation to the property owner and contractor. The remediation process took 2.5 days, but was halted due to rain. The coal tar pavement product was removed with a shot blast machine, which uses steel beebees, or “shot,” to pulverize the sealant layer on the lot. The machine was equipped with a HEPA filter and vacuum to eliminate ambient dust release. “I’m excited to see the swift and successful remediation of this site,” said DDOE Director Christophe A. G. Tulou. “Keeping highly toxic chemicals away from our local waterways help to ensure the health of our aquatic life as well as the public. That is our #1 priority.”  Director Tulou added that private property owners should always inquire about the products being used on their properties and not to permit contractors to use coal tar pavement products. Coal tar pavement products are commonly used to seal parking lots and driveways and contain high levels of toxic polycyclic aromatic hydrocarbons (PAHs).  According to the Comprehensive Stormwater Management Enhancement Amendment Act of 2008, it is illegal to use, permit the use of, sell, or distribute coal tar pavement products in the District of Columbia as of July 1, 2009.   “This is a huge step towards reducing PAH levels in District waterways,” said Councilmember Mary Cheh who sponsored the coal tar limitations section of the statute. “Eliminating coal tar pavement products is low-hanging fruit in reducing this major source of pollutant. I hope that other jurisdictions see the environmental benefits and follow suit.” The District is the only municipality in the Chesapeake Watershed to ban coal-tar-based sealants. A 2010 study showed that dust from coal-tar-sealed parking lots contained 530 times more PAHs than dust from parking lots with other surface types.  This dust from coal-tar sealed parking lots contained about 7 times more PAHs than undiluted used motor oil, which has been recognized as having one of the highest PAH concentrations of all urban PAH sources. Rainwater washes these toxic PAH-containing sealant particles and dust down storm drains and into our local streams and rivers, threatening aquatic life in the Anacostia and Potomac Rivers and the Chesapeake Bay.  For more information on the coal tar ban, visit http://ddoe.dc.gov/coaltarban or call the Mayor’s Citywide Call Center at 311.

Austin Ban Illustrates Prudent Pollution Prevention According to National Research Council

I came across this report I read several years ago that is just as pertinent today as it was in 2008 and thought I would share it with the readers of this site.

The National Research Council of the National Academies, with nearly 150 years of Congressional authorization on science, medicine and engineering, authored a report, entitled "Urban Stormwater in the United States" on the status of stormwater science and regulations in 2008.  Their byline is "Advisors to the Nation on Science, Engineering and Medicine." 

The entire section is included since some still claim a different perspective of what transpired in Austin:

The City of Austin’s encounter with coal tar-based asphalt sealants provides an illustration of the types of products contributing toxins to stormwater discharges that could be far better controlled at the production or marketing stage. {emphasis added} Through detective work, the City of Austin learned that coal tar-based asphalt sealants leach high levels of polycyclic aromatic hydrocarbons (PAHs) into surface waters (Mahler et al., 2005; Van Metre et al., 2006). The city discovered this because the PAHs were found in sediments in Barton Springs, which were in turn leading to the decline of the endangered Barton Creek salamander (Richardson, 2006). By tracing upstream, the city was able to find the culprit—a parking lot at the top of the hill that was recently sealed with coal tar sealant and produced very high PAH readings. Further tests revealed that coal tar sealants typically leach very high levels of PAHs, but other types of asphalt sealants that are not created from coal tar are much less toxic to the environment and are no more expensive than the coal tar-based sealants (City of Austin, 2004). As a result of its findings, the City of Austin banned the use of coal tar-based asphalt sealants. Several retailers, including Lowes and Home Depot followed the city’s lead and refused to carry coal tar sealants. Dane County in the State of Wisconsin has now also banned coal tar sealants. 

For reasons that appear to inure to the perceived impotency of TSCA and the enormous burdens of restricting chemicals under that statute, EPA declined to take regulatory action under TSCA against coal tar sealants (Letter from Brent Fewell, Acting Assisting Administrator, U.S. EPA, to Senator Jeffords, October 16, 2006, p. 3). Yet, it had authority to consider whether this particular chemical mixture presents an “unreasonable risk” to health and the environment, particularly in comparison to a substitute product that is available at the same or even lower price."

Link to Full Report