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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Coal Tar Sealants Re-
duction Act of 2012’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) polycyclic aromatic hydrocarbons are a 
group of organic compounds, some of which are— 
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(A) probable human carcinogens, having 
been identified as such by the Environmental 
Protection Agency; 
(B) toxic to aquatic life; and 
(C) present in exceptionally high concen-
trations (relative to other possible sources of 
environmental contamination) in pavement seal-
ants, also known as sealcoats, made from coal 
tar; 
(2) coal tar sealants are widely used on play-
grounds, parking lot surfaces, airport runways, and 
driveways; 
(3) research conducted by the United States 
Geological Survey indicates that elevated levels of 
polycyclic aromatic hydrocarbons in waterways, 
where they are toxic to aquatic life and enter the 
food chain, are associated with use of these coal tar 
sealants; 
(4) research conducted by the United States 
Geological Survey indicates that elevated levels of 
polycyclic aromatic hydrocarbons on parking lots, 
where the dust may be tracked into homes and in-
crease health risks, are associated with use of these 
coal tar sealants; 
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(5) alternative, coal tar-free sealants are avail-
able in the marketplace, and nationwide retailers 
Lowe’s and Home Depot have voluntarily committed 
to cease carrying coal tar sealants; 
(6) Austin, TX, was the first municipality to 
enact a ban on the use of coal tar sealants, which 
went into effect in 2006, and other local govern-
ments have successfully instated similar restrictions; 
and 
(7) in 2011, Washington State became the first 
State to enact such a ban. 
SEC. 3. COAL TAR SEALANTS. 
Section 6 of the Toxic Substances Control Act (15 
U.S.C. 2605) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(g) COAL TAR SEALANTS.— 
‘‘(1) PROHIBITION.—No person may— 
‘‘(A) manufacture any coal tar sealant 
after the date that is one year after the date of 
enactment of this subsection; 
‘‘(B) process or distribute in commerce any 
coal tar sealant after the date that is one and 
one-half years after such date of enactment; or 
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‘‘(C) use any coal tar sealant after the 
date that is two and one-half years after such 
date of enactment. 
‘‘(2) RULES.— 
‘‘(A) AUTHORITY
OF
ADMINISTRATOR.— 
The Administrator may promulgate rules to 
prescribe methods for the transportation, stor-
age, and disposal of coal tar sealants. 
‘‘(B) PROMULGATION.—Any rule under 
subparagraph (A) shall be promulgated in ac-
cordance with paragraphs (2), (3), and (4) of 
subsection (c). 
‘‘(3) 
RELATIONSHIP
TO
OTHER
FEDERAL 
LAWS.—This subsection does not limit the authority 
of the Administrator, under any other provision of 
this Act or any other Federal law, to take action re-
specting any coal tar sealant. 
‘‘(4) DEFINITION.—In this subsection, the term 
‘coal tar sealant’ means any product intended for 
use on a paved surface that contains any substance 
identified by the Chemical Abstracts Service number 
65996–93–2, including ingredients listed as ‘coal 
tar’, ‘refined coal tar’, ‘refined tar’, or ‘refined coal 
tar pitch’.’’. 
Æ 
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