PCTC Dispatch

Coal Tar: State of the Union

The Pavement Coating Technology Council pushes back against Obama Administration era regulations penalizing coal tar usage.

Every five years, the Environmental Protection Agency (EPA) publishes the Multi-Sector General Permit (MSGP) which covers rules for stormwater discharge from industrial activities. When the EPA published the rules in 2015, several Environmental Non-Government Organization (ENGO) felt that the rules were not sufficiently strict and sued the EPA. One of the items the EPA agreed to in the “sue and settle agreement” from 2016 specifically targeted industry stakeholders that used coal tar sealant. At that time, the EPA proposed that facilities using, or previously or planned to use coal tar sealant on their parking lots, would not be eligible for the general permit and would be required to file an individual permit. Placing an incredibly burden on small businesses, manufacturers and existing infrastructures.

The PCTC argued that the EPA lacked the policy, legal, scientific and product-related reasons to exclude facilities with coal tar from the MSGP.

Coal tar sealant has been used safely for over fifty years and is not a significant source of Poly Aromatic Hydrocarbons (PAH) in the aquatic environment. The PCTC and its stakeholders provided the EPA with a substantial and detailed position that argued that facilities that use coal tar sealant, or plan to use coal tar sealant, should not be required to file an individual permit and should be covered under the general permit as these facilities have in the past.

The MSGP 2021 was finalized in March 2021 and did not include language that facilities that used coal tar sealant or planned to use coal tar sealant would need to apply for an individual permit. Furthermore, this MSGP stated these facilities would be covered under the general permit. This was a significant win for PCTC and its stakeholders as coal tar sealant could continue to be covered under the general permit. ■

For more about PCTC visit www.pavementcouncil.org.

PCTC

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