I 

112TH CONGRESS 

2D SESSION H. R. 4166 

To amend the Toxic Substances Control Act to prohibit the manufacture, 

processing, distribution in commerce, and use of coal tar sealants, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2012 

Mr. DOGGETT (for himself, Mr. ELLISON, Mr. KEATING, Mr. QUIGLEY, and 

Mr. MCDERMOTT) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Toxic Substances Control Act to prohibit 

the manufacture, processing, distribution in commerce, 

and use of coal tar sealants, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Coal Tar Sealants Re5 duction Act of 2012’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds that— 

8 (1) polycyclic aromatic hydrocarbons are a 

9 group of organic compounds, some of which are— 


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1 (A) probable human carcinogens, having 

2 been identified as such by the Environmental 

3 Protection Agency; 

4 (B) toxic to aquatic life; and 

5 (C) present in exceptionally high concen6 trations (relative to other possible sources of 

7 environmental contamination) in pavement seal8 ants, also known as sealcoats, made from coal 

9 tar; 

10 (2) coal tar sealants are widely used on play11 grounds, parking lot surfaces, airport runways, and 

12 driveways; 

13 (3) research conducted by the United States 

14 Geological Survey indicates that elevated levels of 

15 polycyclic aromatic hydrocarbons in waterways, 

16 where they are toxic to aquatic life and enter the 

17 food chain, are associated with use of these coal tar 

18 sealants; 

19 (4) research conducted by the United States 

20 Geological Survey indicates that elevated levels of 

21 polycyclic aromatic hydrocarbons on parking lots, 

22 where the dust may be tracked into homes and in23 crease health risks, are associated with use of these 

24 coal tar sealants; 


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1 (5) alternative, coal tar-free sealants are avail2 able in the marketplace, and nationwide retailers 

3 Lowe’s and Home Depot have voluntarily committed 

4 to cease carrying coal tar sealants; 

5 (6) Austin, TX, was the first municipality to 

6 enact a ban on the use of coal tar sealants, which 

7 went into effect in 2006, and other local govern8 ments have successfully instated similar restrictions; 

9 and 

10 (7) in 2011, Washington State became the first 

11 State to enact such a ban. 

12 SEC. 3. COAL TAR SEALANTS. 

13 Section 6 of the Toxic Substances Control Act (15 

14 U.S.C. 2605) is amended by adding at the end the fol15 lowing new subsection: 

16 ‘‘(g) COAL TAR SEALANTS.— 

17 ‘‘(1) PROHIBITION.—No person may— 

18 ‘‘(A) manufacture any coal tar sealant 

19 after the date that is one year after the date of 

20 enactment of this subsection; 

21 ‘‘(B) process or distribute in commerce any 

22 coal tar sealant after the date that is one and 

23 one-half years after such date of enactment; or 


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1 ‘‘(C) use any coal tar sealant after the 

2 date that is two and one-half years after such 

3 date of enactment. 

4 ‘‘(2) RULES.— 

5 ‘‘(A) AUTHORITY OF ADMINISTRATOR.— 

6 The Administrator may promulgate rules to 

7 prescribe methods for the transportation, stor8 age, and disposal of coal tar sealants. 

9 ‘‘(B) PROMULGATION.—Any rule under 

10 subparagraph (A) shall be promulgated in ac11 cordance with paragraphs (2), (3), and (4) of 

12 subsection (c). 

13 ‘‘(3) RELATIONSHIP TO OTHER FEDERAL

14 LAWS.—This subsection does not limit the authority 

15 of the Administrator, under any other provision of 

16 this Act or any other Federal law, to take action re17 specting any coal tar sealant. 

18 ‘‘(4) DEFINITION.—In this subsection, the term 

19 ‘coal tar sealant’ means any product intended for 

20 use on a paved surface that contains any substance 

21 identified by the Chemical Abstracts Service number 

22 65996–93–2, including ingredients listed as ‘coal 

23 tar’, ‘refined coal tar’, ‘refined tar’, or ‘refined coal 

24 tar pitch’.’’. 

Æ 


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