Prohibitions on the use and sale of coal tar-based pavement sealers
Prohibitions on the sale of coal tar pavement sealers
Effective November 8, 2022
The prohibition on the sale or offering for sale in New York of pavement products containing coal tar took effect on November 8, 2022. Pavement products containing coal tar can no longer be sold or offered for sale in the state.
Prohibitions on the use of coal tar pavement sealers
Effective November 8, 2023
Effective November 8, 2023, no person shall apply a pavement product that is labeled as containing coal tar on a driveway or parking area.
Definitions
Under the law, "coal tar" means a viscous substance obtained by the destructive distillation of coal and containing levels of
PAHs in excess of 10,000 mg/kg (or 1%).
"Pavement product" means a material that is for use on an asphalt or concrete surface, including but not limited to sealcoat.
Alternative products
An alternative to coal tar-based pavement sealant is asphalt-based pavement sealants, that contain PAHs in substantially lower concentrations (typically 50 ppm total PAH) are on the market and readily available. Alternative or "green" sealants contain 1,000 times less PAH than coal-tar sealants.
Additionally, if you are considering installing or replacing a driveway or parking area, there are safer and more environmentally friendly pavement options such as pervious concrete, permeable asphalt and paver systems which do not require sealants.
Tips for buying products or hiring a contractor
When hiring a professional to seal your driveway:
- The contractor should know whether their product is coal-tar or asphalt based. Be sure to ask.
- If your contractor does not know, or you would like to verify their answer, request the safety data sheet for their product. If it references chemical abstract service (CAS) numbers 65996-93-2, 65996-89-6 or 8007-45-2, the sealant contains coal tar and its use is prohibited under New York State law.
- If "coal tar," "refined coal tar," "coal tar pitch volatiles," "RT-12," "tar" or similar terms appear in the data, the sealant contains coal tar and its use is prohibited under New York State law.
When sealing the driveway yourself:
- Carefully read the label on the sealant. If it references any of the CAS numbers above, the sealant contains coal tar and its sale is prohibited under New York State law.
- If the label references any of the terms above, the sealant contains coal tar and its sale is prohibited under New York State law.
If you have reason to believe that a sealant that is being sold or offered for sale, or applied to a driveway or parking area in this state contains coal tar, please provide the following details to [email protected]:
- Date of sale or application of the coal tar-based sealer
- Location of sale or application of the coal tar-based sealer
- Details on the ingredients or CAS numbers on the label or SDS
- Photos of the product label
Managing Wastes
If you have previously purchased a coal tar-based pavement product to seal your driveway and have not used it, please contact your county, town, or local government which may offer services for receipt of this waste at HHW collection facilities or events. More details on HHW are available on DEC's website.
If you are a small business owner that has purchased a coal-tar based pavement product and have not used it, please see the following guide for information on managing hazardous wastes: Guide: Managing Your Hazardous Waste in New York State (ny.gov) (PDF)
Background
Pavement sealers containing coal tar have been used for decades to seal driveways and parking areas. Coal tar-based pavement sealers contain benzo(a)pyrene and other polycyclic aromatic hydrocarbons (PAHs) that have been identified as carcinogens by the US Department of Health and Human Services National Toxicology Program and other government entities.
Research shows that coal tar-based pavement sealers are major contributors to increased concentrations of PAHs in the environment. PAHs are harmful to humans and wildlife and may enter our waterbodies through runoff and leach into soils, harming humans and wildlife. Studies have found that aquatic organisms exposed to high levels of PAHs suffer from stunted growth, liver problems, and other negative impacts.
Additionally, when coal tar-based pavement sealers are used on driveways, PAHs can be tracked into people's homes. As a result, PAHs associated with coal tar-based sealants have been identified in house dust at elevated levels.
The enactment of this law takes important steps to ensure that New Yorkers have access to clean water and safer indoor and outdoor environments.