WASHINGTON STATE

Washington State House Democrats

HOUSE DEMOCRATS

Washington becomes the first state to ban toxic coal-tar pavement sealants

Washington becomes the first state to ban toxic coal-tar pavement sealants

May 5, 2011

OLYMPIA—At a bill-signing ceremony in the state capitol on Thursday, Washington became the first state in the nation to enact a statewide ban on a type of pavement sealant that has been linked to fish kills, cancer risks and toxic contamination of lakes and streams.

Gov. Chris Gregoire signed a law proposed by Rep. David Frockt (D-Seattle) that prohibits sales of coal-tar pavement sealants after June, 2012, and bans their application the following year.

“This is pretty noxious stuff for health and our environment, and since safe alternatives are readily available there is really no reason for using coal-tar sealants,” said Frockt, the lead sponsor of House Bill 1721.

Coal-tar paving sealants are marketed as a shiny black coating for asphalt driveways, parking lots and playgrounds. But unlike rival asphalt-based sealants, the coal-tar products are saturated with high concentrations of toxic compounds called polycyclic aromatic hydrocarbons (PAHs).

According to the U.S. Geological Survey (USGS), coal-tar sealants have PAH levels that are 1,000 times higher than asphalt alternatives.

PAHs are probable human carcinogens and have been tied to cancers, reproductive problems, and deformities in fish and other aquatic organisms. Weather and normal use cause particles of these compounds to dislodge from the sealant and enter the environment as stormwater runoff that washes into lakes and streams or as dust that can be inhaled or tracked into homes.

“Washington’s first-in-the-nation ban on coal-tar sealants is a big step forward to ensure we are protecting children’s health and the environment from harmful water pollutants,” said Mo McBroom, Policy Director for the Washington Environmental Council. “Cleaning up this toxic substance is expensive—it’s much better to prevent the contamination from happening in the first place.”

USGS scientist Peter van Metre told state lawmakers in hearings on Frockt’s bill that coal-tar sealants are the leading cause of rising PAH levels in 40 American lakes that were studied, including Lake Washington and Lake Ballinger in Washington state.

Last July, a rainstorm washed a fresh coat of coal-tar sealant from a parking lot and killed all aquatic life in a 1.5-mile section of Hodges Creek in North Carolina.

Van Metre also reported that house dust in apartments located near coal-tar sealed parking lots had PAH levels that were 25 times higher than dust from apartments near parking lots that had other kinds of surfaces.
Although today’s bill signing makes Washington the first state to ban coal-tar paving sealants, the product has been banned locally in places such as Austin, Texas and Washington, D.C. The chambers of commerce in both of these two cities told Frockt that none of their local businesses had reported any problems or adverse impacts from the local bans.

In Washington State, a number of leading retailers, including Home Depot and Lowes, have voluntarily stopped selling coal-tar sealants because of the toxic risks.

The Washington state Department of Transportation has also stopped using coal-tar sealants. In a Feb. 11 letter to Frockt, state materials engineer Thomas E. Baker said the coal-tar products are no longer used because “asphalt based products are comparable in performance and price, and do not pose the environmental risks that have been associated with coal-tar emulsions.”

Frockt’s measure passed the House, 64-32, and the Senate, 36-12.

“I’m proud that Washington is a national leader in environmental protection, and proud that we’re building on that tradition today,” said Frockt.

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Coal tar pavement sealant ban resources:
House Bill 1721:
https://apps.leg.wa.gov/billinfo/summary.aspx?bill=1721&year=2011

Bill Report:
https://apps.leg.wa.gov/documents/billdocs/2011-12/Pdf/Bill%20Reports/Senate/1721-S.E%20SBR%20EWE%2011.pdf

Boone fish kill video:


WSDOT letter to Rep. Frockt (PDF):
https://www.housedemocrats.wa.gov/wp-content/uploads/2011/05/WSDOT_Coal_tar_letter.pdf

USGS Coal tar Pavement Sealant Fact Sheet (PDF):
https://www.housedemocrats.wa.gov/wp-content/uploads/2011/05/USGS-coaltarsealantfactsheet-feb-2011.pdf