USA TODAY: America Near Tipping Point on Coal Tar Sealant Use?

USA TODAY, the nation's second highest daily circulation newspaper, informed more people about coal tar sealant pollution with its current edition than any newspaper to date.  Its publication on Father's Day was perhaps an ironic nod to the many fathers who have faithfully sealed their own driveways unknowingly with toxic coal tar sealers,  myself included.

There was a lot to like about this article.  For Lonnie Harris of West Suburban Asphalt Maintenance in Chicago: God bless you for boldly articulating your personal health effects experience in a way that was honest while recognizing the complexities of toxic exposures and the human body.  I hope your telephone rings off the hook with support and business.

The best quote was Nick Kelso's of Jet Black: "we're at a 'tipping point' in the movement against coal tar sealants."  With the quality and price of alternatives the market for coal tar sealcoats will continue to shrink.  He predicted the end of coal tar sealants within 10 years.  Let's hope he is right.

Science

Leaders from the USGS, and Minnesota Pollution Control Agency (MPCA) weighed in on the veracity of their work.    "We have done rigorous, scientific surveys and analyses showing coal tar sealants are a major sources of PAHs in the environment," says Dr. Judy Crane, a water quality scientist at MPCA.  Studies with Missouri State University and the University of New Hampshire were also mentioned, but research has also been done at Southern Illinois University, the DuPage River/Salt Creek Working Group (suburban Chicago),  the City of Austin, Texas, the University of Toronto, Texas State University, Wisconsin Department of Natural Resources, New York Academy of Sciences, and this little research outfit called the Environmental Protection Agency.  None of these research groups give the slightest hint that coal tar sealers are not a problem.

The risk to a child exposed to coal tar sealant dust in the home is similar to second-hand smoke or about 1 in 10,000.  The below graph shows the exposures and risks along with typical EPA level of concern.

Chicago Department of Public Health, Physicians Back Coal Tar Sealant Action in Nation's Third Largest City

Since last week, two influential medical groups wrote letters urging action be taken on the use of coal tar sealants in Chicago.  Last Friday, Dr. Cortland Lohff, Medical Director for Environment Health at the Chicago Department of Public Health (CDPH), delivered a letter supporting some kind of reduction in the use of this toxic product at the Finance Committee of Chicago's City Council.

The CDPH stated that "research warrants the attention of policy makers and it provides a solid evidence base for the proposed ban...."  The letter goes on to say that "USGS is not alone in its concern" regarding pavement sealants and that other researches find that "PAH exposure should be a matter of public health concern."  These studies "underscore our rapid and emerging awareness of a need for policy makers to develop policy regarding the sale and use of coal tar."

Also last week the Chicago Chapter of Physicians for Social Responsibility (CPSR) sent a letter to Finance Committee members urging the passage of a ban of coal tar pavement sealants. The letter was signed by Drs. Susan Buchanan, MD, MPH, Asst. Professor of Environmental and Occupational Health Sciences, University of Illinois at Chicago School of Public Health and the Director of the Great Lakes Center for Children's Environmental Health as well as Sarah Lovinger, MA, MD, Executive Director, Chicago chapter, Physicians for Social Responsibility.

The CPSR said that "as physicians concerned about children's health, we are asking for your support of this amendment." The doctors also cited the vulnerability of children to PAH pollution and the exposure of many urban poor that may depend upon subsistence fishing in polluted urban streams to supplement their diets.

No vote was taken at the Finance Committee meeting last Friday, but it is anticipated that industry representatives will weigh in at some time in the future.

A Mississippi River's Perspective of Minnesota's Coal Tar Ban

from the Minnesota Master Naturalist

MINNESOTA COAL TAR SEALANT PHASE-OUT LEGISLATION PASSES

In a major victory for water quality and public health, the Minnesota Legislature passed a bill phasing out the use of coal tar sealants in Minnesota. Effective January 1st 2014, the sale and application of coal tar sealants for asphalt-paved surfaces will be unlawful. This is a big win for FMR (Friends of the Mississippi River) and the Mississippi River. This issue was recently highlighted in the State of the River Report, and was one of FMR's priority policy recommendations to the State Legislature in our Mississippi River Policy Guide.

Atlanta-Area Neighbors Raise Health Concerns About Parking Lot Sealants

From WSB Altanta:

By Mike Petchenik

SANDY SPRINGS, Ga. — Plans to patch cracks in one Sandy Springs neighborhood have some homeowners concerned for their health and safety. They plan to bring those concerns to state lawmakers. A few weeks ago, neighbors in the Woodcliff Condo complex off Ison Road told Channel 2’s Mike Petchenik they received notice from their property management that crews would be sealing cracks in the parking lot with a coal tar-based sealant, which is made from a distillation of crude coal tar.

 Neighbor Tina Campbell told Petchenik she began to research the product to make sure it was safe for her and the other residents and was shocked to find out it was banned in several states and cities nationwide. "I had no idea,” said Campbell. "It's been banned in the State of Washington, Austin, Texas and Washington, D.C. It's been banned in 24 cities in Minnesota."

 Campbell showed Petchenik studies that have linked the sealant to cancer. “Even once it's on for three to five years, as it breaks down, it has agents in it known as PAHs, which are known human carcinogens,” said Campbell.

 Campbell has enlisted support from the past president of a nearby neighborhood called Grogan’s Bluff. Gary Alexander told Petchenik he’s contacted an attorney to see about getting a court order to halt the project, which is scheduled to begin June 3. "I'm concerned about it. My residents are concerned about it,” said Alexander. “Everyone on the street is concerned about it." Alexander and Campbell worry that coal–tar particles will seep into a creek bed behind the condos that feeds directly into the Chattahoochee River. The neighborhood also sits across from an elementary school. “It should be investigated,” said Alexander. “It shouldn't be allowed to be put down."

 The engineer overseeing the Woodcliff project spoke to Petchenik by phone and defended use of the product. “I would use it in my own home,” said Ralph Huie. “I would suggest it could be used at a school. I’m absolutely unconcerned.” Huie told Petchenik he’s used the product for 30 years and has had no problems with it. Still, he told Petchenik the condo board would consider an alternative, asphalt-based product based on Campbell’s concerns. “We’re in the helping people business,” he said. “I’m not in the poisoning children and ruining the environment business.”

Campbell forwarded Petchenik an email showing the condo association planned to move forward with the tar-based sealant after “consulting with the authorities,” citing its lower cost and product warranty. Campbell told Petchenik her fight isn’t just to stop the product from being used in her neighborhood. "I want to raise a broader awareness now that I know how toxic it is, to get it banned from our city or banned from our state,” she said. Petchenik reached out to the local distributor of the coal-tar based sealant for comment on Campbell’s concerns, but was told the owner didn’t want to speak to him.

 A spokeswoman for the Environmental Protection Agency’s Atlanta office told Petchenik the agency is currently not regulating the product, but acknowledged that several governments have banned it.

For Children's Sake Maine Representatives Oppose Coal Tar Sealants

Sidewalk Chalk by Ctd 2005

Last week Maine's House of Representatives debated legislation to ban the use and sale of coal tar pavement sealers.  Unfortunately the measure was narrowly defeated, but excellent testimonies were given by the representatives.

This debate, while relatively new to the State of Maine, was as thoughtful and passionate as any I have heard before.  Because of this I wanted to present these audio clips for others to hear.

The first is by the Bill's House Sponsor Representative Matthea Daughtry.  She is to be commended for her grasp of the data and coordination of this near successful effort.

The balance of these speeches include a representative who has worked with these chemicals in the laboratory (Rep. Devin), a representative who personally knows the loss that comes from cancer (Rep. McGowan), another who has asthma and has a strong physical reaction to coal tar sealants (Rep. Hickman).


Check this out on Chirbit

Check this out on Chirbit

Big Day for Coal Tar Sealant Legislation in 4 States; Minnesota Quietly Passes Nation's Second Statewide Coal Tar Sealer Ban

In case you missed it, May 23, 2013 was most likely the busiest day in the history of coal tar sealant legislation.  At least 3 states took action on bills and a fourth may have committed to study it further.

Minnesota

Yesterday the Governor of Minnesota signed into law the Omnibus Legacy Bill that including a statewide ban of coal tar pavement sealants!  While the signing didn't take place with great fanfare, this nonetheless marks a great day for the people of Minnesota and the culmination of years of work by many people.  Previous local efforts in the state only covered less than 20% of the population.  Instead of piecemeal review by smaller jurisdictions, this effort will effectively end the sale and application of coal tar sealants for all Minnesotans by the end of 2013.  This all means less future contamination and expense throughout the State.  Congratulations to the main sponsor of the bill: Rep. Rick Hansen!

If you'd like to read more about this bill and its sponsor, then see these previous posts from Coal Tar Free America:

• 2nd State Ban of Coal Tar Sealant Nears as Minnesota Legislature Acts
• Minnesota's Statewide Ban of Coal Tar Sealants Clears the House
• A Legislator's View of Minnesota's Proposed Coal Tar Sealant Ban
• Renewed Calls For Statewide Ban of Coal Tar Sealants in Minnesota

New York

Assemblymember Linda B. Rosenthal

The State of New York's Assembly, under the sponsorship of Assemblymember Linda B. Rosenthal, passed a bill (A00630)  to ban the sale and use of coal tar sealants yesterday by a wide margin (98 to 32).  This is a similar margin that a bill like it passed last year. (see Rosenthal Coal Tar Bill Overwhelmingly Passes New York Assembly).  Assemblymember Rosenthal secured the endorsement of the NY City Physicians for Social Responsibility.

2nd State Ban of Coal Tar Sealant Nears as Minnesota Legislature Acts!

Today Minnesota's House and Senate voted to pass a ban of coal tar pavement sealants.  If signed by the governor in the next two weeks, Minnesota would become the second state in the United States to pass a ban of this product.  The bill is part of a larger bill called the Omnibus Legacy Bill (HF 1183 & SF 1051).  The ban amendment was in the House version, out in the Senate version and back into the consent bill in the last 24 hours.  The effective date is scheduled to be January 1, 2014.

In 2011, the State of Washington passed the nation's first ban with the sponsor prophetically saying, "we may be the first, but we won't be the last."

The bill's sponsor in the House of Representatives was Representative Rick Hansen, who represents some suburban communities that most likely will be paying for the increased cost of disposal of sediments from stormwater ponds.  Representative Hansen is a biologist as well as a former local public official.  In a previous post by Coal Tar Free America, he cited both of those qualifications as helpful in bringing this legislation forward.