Falcon Heights Sets Its Sights on Being Coal Tar Free

This week the City of Falcon Heights, Minnesota became the 15th community in Minnesota to ban the use of coal tar pavement sealants.  Falcon Heights (pop.  about 5,500) is a Minneapolis suburb and contains much of the University of Minnesota within its corporate limits.

The Council considered the issue with a positive staff recommendation, minimal fiscal impact expected and the fact that a major local sealant company recently agree to end the use of coal tar sealant (see story here).

The ban is effective immediately.

Congressman Doggett Chronicles Concerns That Led to National Coal Tar Ban Legislation

from the March/April Issue of the Austin Region Sierra Club re: H.R. 4166 The Coal Tar Sealant Reduction Act of 2012

by Rep. Lloyd Doggett

Not Just a Problem at Barton Springs

In 2003 when Austin officials raised initial concerns about the environmental and health impact of coal tar sealants used on playgrounds, parking lots, and other paved surfaces with me, I contacted the Environmental Protection Agency (EPA) several times. In 2005, I was pleased that city government took action to ban coal tar sealants. Other communities, however, have not been as diligent in protecting their citizens from these substances. These pollutants not only get washed into local waterways after a rainfall but can be tracked into our homes simply as dust on the soles of our shoes. Communities are threatened elsewhere in Texas and across the Nation.

Federal Action

Although other local communities have taken action (visit coaltarfreeamerica.blogspot.com for an excellent summary), we cannot wait for all other communities simply to catch up to Austin. That is why I have introduced the Coal Tar Sealants Reduction Act. This legislation would phase out these coal tar-based sealants nationwide. Alternative products are already on the marketplace. In fact, Lowe’s and Home Depot have already committed not to stock the coal tar sealants.

When Austin first identified the problem with coal tar sealants contaminating the well-loved Barton Springs, I urged the Environmental Protection Agency to take action. Despite compelling scientific literature, including findings by local U.S. Geological Survey scientists Dr. Barbara Mahler and Dr. Peter Van Metre, the former Administration, perhaps unsurprisingly, failed to take up the issue. It is encouraging that under the direction of Administrator Lisa Jackson we have finally seen progress, slow as it is.

Why We Must Act

Coal tar sealants contain polycyclic aromatic hydrocarbons (PAHs). PAHs can be problematic for many reasons, such as causing mutations and birth defects in aquatic life. According to the EPA, some PAHs are probable human carcinogens. This raises alarms when we consider that one possible point of exposure to PAHs from coal tar sealants is in the form of dust that is tracked into homes. Children may be particularly vulnerable because of the amount of time they spend on the floor and their tendency to put objects and dirty fingers into their mouths.

Coal tar sealants may not be the only source of human exposure to PAHs in our homes (other potential culprits include tobacco smoking and fireplace use), but that is no excuse for inaction.

Sealing the Deal

The Coal Tar Sealants Reduction Act is commonsense legislation that will benefit our ecosystem and the health of Texans and other Americans. As we enter the second year of a Republican-controlled House of Representatives, I hope that you will continue to join me in protecting our environment and our health by talking about coal tar sealants with your family, friends, and neighbors. 

Annual Sealant Price Comparison: Asphalt Drops Twice as Much Vs. Coal Tar

A year ago, in one of this site's most popular posts, I put up this comparison of retail products.  That post was almost a year to the day of this post, so it made sense for an update.  Keep in mind that the cost of the two dominant products are sensitive to the price of fuel and susceptible to interruptions in the supply chain.  

From a retail perspective I "googled" the shopping search engine for driveway sealant products.  I got 23 separate products with the following breakdown:

• Asphalt based: 15 products with 9 less than $20 per 5 gallon bucket with a low of $11 and an average of $18 with a 8% decrease in the average price since 2011.  It is important to realize the product variability here as well.  Some have 1 year warranties, others have as much as 10 years with a cost range between $12 and $32 per bucket.  That shows the difference in price, warranty with the quality of the ingredients.
• Coal tar based: 5 products with a low of $11 and an average of $15 but all the available products are less than $20.  The average price has decreased about 3% since last year.
• Gilsonite based (a special fossilized asphalt): 2 products with an average of $42
• Acrylic based: 1 product for $40

So you can see for retail products, asphalt sealants already dominate at least the number of products available and come in a variety of qualities and a broad range of costs.  I don't know about the quantity, but since Lowes and Home Depot are generally not selling coal tar sealants anywhere, then that alone could be make asphalt-based sealant products the largest selling retail sealant product.

Take a Parking Lot Sealer Tour with USGS Researcher

This video and associated story were shot during the coal tar sealant ban discussions in the State of Washington last year, yet it remains a valuable resource to show viewers the issue and summarize the USGS findings.  The researcher, Dr. Peter Van Metre, has authored several research papers on coal tar sealant pollution.

MD Drops Sealant Ban After Industry Bluster

The State of Maryland's coal tar sealant ban effort ended quietly after less than a month of its introduction.  The end began at a public hearing by the Environmental Subcommittee with overwhelming representation by industry making some wild claims and 3 attendees who spoke in favor of the legislation. 

Needless to say the industry flexed some muscle, but with many exaggerations and false claims.

Some of the classics were:

• "3000 jobs would be lost if the ban were to take effect" (Actually no applicators would loose their jobs, they would just switch to using asphalt sealants).

• "There is no link showing harm between coal tar and humans"  (Just search this site for the word 'human').

• "Consumers overwhelmingly choose coal tar sealant" (Perhaps if it is couched in vague terms that detract from the harmful ingredients.  I'd love to see a pole of folks and ask if they prefer the quick-drying capability and deep black color of coal tar sealants so much that they would overlook any health risks to them, their families or the environment.  I bet not).

• "Alternative sealants cannot meet ASTM standards" (Actually since the ASTM standard is for coal tar sealants, then it reasons that a non-coal tar product would not meet these standards).

• "BWI (Baltimore-Washington International Airport) would lose its millions of dollars of FAA funding if they didn't use coal tar" (FAA funding has not been reduced at the various major airports around the US that have used non-coal tar sealants (Portland, San Francisco, John Wayne Airport (Orange County, CA).

Ironically, about the same time, a Bay Foundation's reported that a clean Chesapeake Bay means more jobs.

So on February 23, 2012, 8 days after the hearing, it was removed from the legislative roll by its sponsor, Delegate Dana Stein.

"Eliminate the Threat" to People and Environment is Goal of Proposed California Sealant Ban

Parking lot showing aged coal tar and loose, toxic material. 

Earlier today Assembly Member Jared Huffman of California sent out a press release of his environmental initiatives for this upcoming legislative session.  Among his top three priorities is a ban of coal tar pavement sealant!

His press release stated:


The second bill, AB 1704, Coal Tar Sealant Ban, prohibits the sale and use of coal tar pavement sealant, a toxic black liquid sprayed on some parking lots and driveways. This sealant contains high levels of polycyclic aromatic hydrocarbons (PAHs), identified as probable carcinogens by the U.S. Environmental Protection Agency. Coal tar sealants degrade over time from tire friction and release toxic chemical dust that washes into storm drains, contaminating California’s aquatic ecosystems critical to the food chain. The public is also exposed to these cancer-causing chemicals through a variety of pathways. Children are particularly at risk because they put their hands and objects into their mouths and play on or near floors where carpets concentrate and retain toxics. Cost-effective asphalt-based alternatives are available and widely used in California.

“Coal tar sealants are used to preserve and beautify parking lots and driveways, but regular wear and tear can lead to chemical runoff into our waterways and indoor air pollution in our homes,” said Huffman. “My bill will ban their use in 2013 to eliminate the threat they pose to public health and our environment.”

“Toxic chemicals washing off of streets, parking lots and industrial facilities is one of the worst sources of water pollution to the Bay,” said Deb Self, Executive Director of San Francisco Baykeeper, whose mission is to protect the Bay from pollution. “Banning coal tar sealants in California just makes sense.”

The bill is supported by the Clean Water Network and is encouraging others to write letters of support and placed the following on their website:

Assembly Member Huffman is hoping this bill can enjoy the support from Clean Water organizations across the country! If you have any questions, please contact Paige Brokaw at (916) 319-2715 or through email at Paige.Brokaw@asm.ca.gov. A sample support letter can be found HERE.  

Support a National Coal Tar Sealant Ban with a Letter to the EPA

I must confess I work in an industry of sheep that rarely say a peep.


Recently someone started an online petition drive to support a nationwide ban of coal tar pavement sealants.  I am not sure what the current tally is, but I would encourage anyone who understands this issue to go to this link and sign this petition.  The following letter will be sent to the head of the Environmental Protection Agency in your name.  The link to the petition is here.

PETITION LETTER:

Dear Environmental Protection Agency,

The time for a nationwide ban on coal tar sealant is now. Such a wide base of evidence exists supporting a ban for environmental, health and economic reasons, that not enacting one would be to ignore scientific fact.

Recent studies by the U.S. Geological Survey and Baylor University identify the dangerous potential of coal tar sealant. Not only do coal tar-based products contain 1,000 times higher levels of PAHs than asphalt-based products, but there is evidence suggesting that PAHs released from coal tar sealant may be emitted at higher rates than released from vehicles.

PAHs, which are carcinogenic, mutagenic and teratogenic, are also finding their way inside homes where children are especially susceptible. From the study conducted by the USGS, researchers found children living in close proximity to pavement sealed with coal tar to receive more than 14 times higher incidence of PAH exposure from accidental ingestion of dust particles than children living near unsealed pavement.

So far, a number of states in the U.S. have motioned to and successfully banned coal tar sealant—the European Union has also banned coal tar products. It does not make sense to keep using such a poisonous, toxic substance when there are alternatives. Asphalt-based sealant products have significantly smaller PAHsconcentrations than coal tar and are much less toxic.

Please consider a nationwide ban on coal tar based products. This ban is in the best interest of the environment and public health, and will be the most economically viable option in the long term.

Sincerely,

[Your Name Here]

School Tar Removal Plan on Austin TV News

As reported here last week, the school district for Austin, TX has announced that they will be removing coal tar pavement sealant from about 60 school parking lots and playgrounds.  Today the local TV news covered the story and interviewed a concerned parent.  Below is a graphic of the page and the link to the video is here.

Coal Tar Free Nation? Doggett Introduces Bill for 2.5 Year Phase Out of Coal Tar Sealants

Last week, Congressman Lloyd Doggett of Texas with the support of legislators from Washington, Minnesota, Illinois, and Massachusetts as well as the nation's major environmental advocacy groups,  introduced a bill (H.R. 4166 The Coal Tar Sealant Reduction Act of 2012) to end the use of coal tar sealants in the US in the next few years!  Citing research by the United States Geological Survey (USGS) which gives the following reasons for a nationwide ban:

• contain polycyclic aromatic hydrocarbons (PAHs) "which are probable human carcinogens, having been identified as such by the Environmental Protection Agency" which are "toxic to aquatic life" and "present in pavement sealants, known as sealcoats, made from coal tar"
• "coal tar sealants are widely used on parking lot surfaces, airport runways, and driveways;"
• "research conducted by the United States Geological Survey indicates that elevated levels of polycyclic aromatic hydrocarbons on parking lots, where the dust may be tracked into homes and increase health risks, are associated with use of these coal tar sealants"
• "research conducted by the United States Geological Survey indicates that elevated levels of polycyclic aromatic hydrocarbons in waterways, where they are toxic to aquatic life and enter the food chain, are associated with use of these coal tar sealants;"
• "alternative, coal tar-free sealants are available in the marketplace, and nationwide retailers Lowe's and Home Depot have voluntarily committed to cease carrying coal tar sealants;"
• "Austin, TX, was the first municipality to enact a ban on the use of coal tar sealants, which went into effect in 2006, and other local governments have instated similar restrictions; and"
• "in 2011, Washington State became the first State to enact such a ban."

The proposed legislation goes on to propose:

1. Phase out of manufacturing in 1 year after enactment
2. Distribution of coal tar sealant 1.5 years after enactment
3. Cease all sales within 2.5 years after enactment.

The full text of the legislation is here.

While the introduction of this bill may appear to be the culmination of many years of work in this field, but it is simply the beginning of a legislative effort.  Please let your opinion be known to your friends, family and legislators.  An easy-to-sign online petition has been started here.  The co-sponsors of the legislation are:

• Congressman Jim McDermott, Washington
• Congressman Keith Ellison, Minnesota
• Congressman Mike Quigley, Illinois
• Congressman Bill Keating, Massachusetts

And by no means should local and statewide legislation cease.  These will only serve to impress upon Congress the need for this legislation.  Only after the signing of this bill into law, can we truly celebrate the end of a chapter in our toxic history.

Austin Schools Advance to Head of the Class with Landmark Sealant Cleanup Announcement

In a dramatic decision, the Austin Independent School District (AISD) has announced plans to cleanup legacy coal tar sealant pollution from its playgrounds and parking lots.  In all likelihood, this is the first time any district in North America has taken this action.  It has been estimated that nearly 10,000 schools across the US have this same problem.  According to a story  by the Oak Hill Gazette, AISD will begin removing the remnants of sealants during the summer break in classes.  The Gazette  has been the lone media outlet in Austin to follow this story for more than two years.

"Coal tar needs to be banned, and we feel strongly that we need to do our part," said Curt Shaw of AISD.  About half of the district's 130 schools have coal tar on the parking lots or playgrounds.  Cleanup will begin with 6 elementary schools that have coal tar on the playgrounds and move on to parking lots.

The problem of coal tar pollution at schools has been covered on this site previously:

• Our Babies Are Exposed to Tar at Unsafe Levels at School
• Austin School District Nears Landmark Decision on Coal Tar Sealants
• Michigan School Wrestles With Coal Tar Sealant Issue

The announcement comes less than a month after the publishing of a toxicologist's research into the cancer risk of children exposed to sealant dust.  Dr. Spencer Williams of Baylor University said the risks exceed 1 in 10,000.  A video of Dr. William's findings can be found here.  One in a million is the standard that the EPA usually strives for.

The exact method of removal was not specified, but the technique of "shotblasting" was first used to remove coal tar sealant in Austin and has subsequently been used in Washington, DC.

Hoping Sealant Company's Promise Sticks

The Minneapolis StarTribune recently covered a story about a significant sealant franchising company's promise to phase out the use of coal tar sealants. This is excellent news, especially from a company that claims to be the nation's biggest sealcoater and has locations in Minnesota, New York, Wisconsin, New Jersey, Pennsylvania, Michigan, Connecticut, Colorado, and Ohio.  More details can also be found at this link as well.

But let's hope this decision sticks. One word of caution. This exact thing was done by a smaller distributor in Springfield, MO as their city council wrestled with a ban. Within 5 months of the grand announcement with environmental leaders standing with the sealant company, they did a complete about-face and went back to selling coal tar sealants. They said this was due to "customer demands". Today, more than 2 years later they continue to sell coal tar sealants.

This recent action is to be applauded, but the standing ovation should be reserved for a future time. Let me know what you think.

"Responsible Thing to Do," MN's Largest Sealcoat Franchise Goes Coal Tar Free

Great news from Minnesota! 

MPCA: Minnesota's Largest Sealcoater Switches to Safer Formula

Contacts: Ralph Pribble (MPCA), 651-757-2657; Nick Kelso (Jet-Black), 952-212-0410

St. Paul, Minn. ― Coal-tar residues that can contaminate stormwater ponds may become a thing of the past thanks to a voluntary phase-out by Eagan-based Jet-Black International, one of the nation’s larger franchisers of pavement seal-coating services.

The company decided to voluntarily phase out coal-tar-based sealers late this winter in response to scientific data showing that coal-tar-based sealers are an important source of contamination to stormwater-collection systems in Minnesota. The switch to an asphalt-based formulation will help keep harmful chemicals out of Minnesota’s surface waters.

The phase-out calls for all 25 of Jet-Black's Minnesota franchises to voluntarily phase out coal-tar-based sealants in 2012, with a complete change to an asphalt emulsion sealant by the start of the 2013 season.

“Jet-Black stepped up and took action to phase out coal tar in their sealant,” MPCA Commissioner Paul Aasen said. “When an industry leader embraces science-based recommendations like this, it really helps. Coal-tar-based sealants are a major source of contamination in storm-pond sediments, with potentially harmful impacts to the environment, human health, and the budgets of cities that own and maintain stormwater ponds.”

Jet-Black co-owner Nicholas Kelso said, “We were concerned that continued use of coal-tar sealants will lead to unsustainable and costly pond cleanups at the expense of the citizens of Minnesota. Studies show that phasing out coal-tar sealants will help reduce the cost of these cleanups, so Jet-Black and our Minnesota franchise owners believe this is the responsible thing to do.”

Kelso added, “Sealcoating itself is not the problem. It's the recipe that's important, and coal tar is being removed from Jet-Black formulations.”

Recent research shows that chemicals in coal-tar-based sealants called polycyclic aromatic hydrocarbons (PAHs) accumulate in the sediments of stormwater ponds. The legislature in 2009 required Minnesota state agencies to stop using coal-tar formulations. Since then the MPCA has been working with cities and retailers to encourage switching to asphalt-based sealants, which contain much lower levels of PAHs compared to coal-tar formulations.

PAHs can be harmful to human health at sufficient concentrations, and some are classified as carcinogenic by the U.S. Environmental Protection Agency.  Research by the United States Geological Survey, the MPCA, and other agencies has found that the chemicals wash off pavement treated with coal-tar sealants, and then accumulate in the sediments of stormwater ponds and wetlands. Cities must maintain stormwater ponds by dredging them, and if the PAH concentrations in the dredged material are high enough, disposal can be very costly. Some Minnesota cities have passed ordinances banning the use of coal-tar sealants.

Jet-Black has provided both coal-tar- and asphalt-based sealants to its franchise owners for years but after 2012 will provide only asphalt-based products. Jet-Black has 82 franchises in the United States.

“This company is one of the larger in the sealcoating business, so their switch to asphalt-based products represents a big step forward for protection of human health and the environment,” Aasen said.

Cannon Falls Out of Love with Coal Tar Sealant

Cannon Falls, Minnesota is now the 14th community in the state to pass a coal tar sealcoat ban.  This suburban Minneapolis-St. Paul city of over 4,000,  passed this ban a while back, but had not been included in my tally or the Minnesota Pollution Control Agency's.