CITY OF

~DES PLAINES

ILLINOIS

Date:

To:

From:

Subject:

Committee of the Whole Item #31!,.

City of Des PlainesCity Manager's Office

1420 Miner StreetDes Plaines, IL 60016

Tel: 847-391-5488Fax: 847-391-5451

MEMORANDUM

March 9, 2011

Mayor and Aldermen ofthe City Council

Jason T. Slowinski, Acting Cit;~Ordinance Banning Sale or useWTar Based Asphalt Sealants

Issue: The Public Safety Committee requested that Staff present information to the Committee oncoal tar based asphalt sealants and their health impacts. On February 22, 2011, the Public SafetyCommittee met to consider the issue and recommended 2-0 (1 absent) that Staff draft an ordinancebanning the use or sale of coal tar based sealants in the City of Des Plaines and present theordinance to the City Council in Committee of the Whole for consideration.

Analysis: Coal tar based sealants are used on asphalt driveways and parking lots as a means toprotect the asphalt surface from weathering. They contain a chemical compound that is recognizedas a potential carcinogen. The staff report sent to the Committee dated February 181h is attached foryour review and contains additional information from the U.S. Department of Health and HumanServices and the United States Geological Survey regarding coal tar based sealants and its effect onhumans.

Staff conducted some additional research at the request of the Committee whether theEnvironmental Protection Agency (EPA) has taken an official position on coal tar based sealants. Ithas been reported that the EPA has initiated a study in late 2009 and the report from that study isstill pending. To date, the EPA has not banned the use ofcoal tar sealants.

The Committee also inquired into the difference in cost and performance between coal tar basedsealants and asphalt based sealants. Essentially, the cost of the two products is the same; however,the cost of petroleum based sealants will vary with the cost ofoil. Regarding performance betweenthe two products, contractors have reported that the life of a coal-tar sealant application isapproximately four years while a petroleum based sealant application is approximately one year.Please see the attached letter from an area contractor, Pavement Systems, Inc.

Staffhas also attached for your review a recent article published in the Chicago Tribune discussingthe safety ofcoal tar sealants.

Finally, as a result ofat1icles generated in the local press regarding the Committee's review of thisissue, Staff was contacted by Anne LeHuray, Executive Director of the Pavement CoatingsTechnology Council-the trade organization representing manufacturers and supplies of asphalt

RE: Ordinance Banning Sale or Use of Coal Tar Based Asphalt SealantsMarch 9, 2011Page 2 of2

sealers. Ms. LeHuray has submitted a letter, which is attached for your review, requesting that thismatter be tabled until she can be present to make a presentation to the City Council.

Generally, environmental policy is established at the federal and state levels, although there is recentevidence that some local jurisdictions around the country have adopted local measures banning thesale or use of coal tar based sealants. Since the EPA has not banned the use of coal tar basedsealants and Staffdoes not have the adequate expertise to develop environmental policy, this item isbeing forwarded to the City Council with a neutral Staff recommendation. It has received arecommendation ofapproval from the Public Safety Committee.

Recommendation: This item is presented to the Council with a recommendation for approval fromthe Public Safety Committee.

Attachments:February 22, 2011 StaffReportLetter from Pavement Systems, Inc.January 18,2011 Chicago Tnbune articleLetter from Anne LeHuray, Pavement Coatings Technology CouncilOrdinance

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DES PLAINES(LUNO'S

MEMORANDUM

Dute: February 18, 20 I I

To: Public Safety Committee

From: Jason T. Slowinski, Actin

Subject:

City of Des PlainesCity Manager's Office

1420 Miner StreetDes Plaines, IL 60016

Tel: 847-391-5488Fax: 847-391-5451

Issue: The Chairman of the Public Safety Committee requested that the Committee discusswhether a local ordinance should be passed that would ban the use or salc of coal tar sealant in theCity ofDes Plaines.

Analysis: Sealants are typically used on asphalt parking lots and driveways as a means to protectthe asphalt surface fl'om clements thereby prolonging the life of the asphalt. Some sealants arc coaltar based, which are known to consist of a chemical compound known as polycyclic aromatichydrocarbons (PAH). The U.S. Department of Health & HumIDl Services recognizes that somePAHs have been known to cause cancer.

Several cities have passed local ordinances that ban the sale or use ofcoal tar asphalt sealants withinthe local jurisdiction. The City of Austin, Texas is the largest recognized city to have enacted asimilar ban.

Staff has attached reports from the U.S. Department of Health and Hwnan Services as well as theU.S. Geological Survey (Department of the Interior) that provides additional backgroundinfonnation on PAHs and parking lot sealants. In addition, Staffhas attached an ordinance from aMinnesota municipality that has banned the use or sale ofcoal tar sealants for your consideration.

Recommendation: This is presented to the Committee as an item for discussion an, as such, norecommendation is being made at this time.

wI Attachments: Report: Polycyclic Aromatic Hydrocarbons (USDHHS)Report: Parking Lot Sealcoat (USGS)ModeJ Ordinance-City ofWhite Bear Lake

I

cc: Tim Oakley, Director of Public Works and EngineeringDavid Wiltse, City Attorney

Attachment------

ATsDRAGENCY EDO JOXIC SIlOS IANC[ C

AND 0151 ACE Dl GIS1 DY

POLYCYCLIC AROMATICHYDROCARBONS (PAils)

Agency 1r ‘I’oxic Substances and Disease Registry ‘lbFAQs September 19%

‘l’his fact sheet answers the most frequently asked health questions (FAQs) about polycyclic aromatic

hydrocarbons (PAils). For more inIrmation, call the ATSE)R lnfrnnation Center at 1—888—422—8737.This fiict sheet is one in a series ol summaries about hazardous substances and their health effects. Thisinformation is important because this substance may harm you. The effects of exposure to an), hazardoussubstance depend on the dose, the duration, how you are exposed, personal traits and habits, and whether

other chemicals are present.

What are polycyclic aromatic hydrocarbons?

(Pronounced pl’i-.si’klik r’—rnWTk hi’drkar/banz)

Polycyclic aromatic hydrocarbons (PAHs) arc a group ofover 100 different chemicals that arc formed during theincomplete burning of coal, oil and gas, garbage, or otherorganic substances like tobacco or charbroiled meat. PAilsare usually found as a mixture containing two or more ofthese compounds, such as soot.

Some PAl-Is arc manufactured. These pure PAHs usuallyexist as colorless, white, or pale yellow-green solids. PAHs areibund in coal tar, crude oil, creosote, and roofing tar, but a feware used in medicines or 10 make dyes, plastics, and pesticides.

What happens to PAHs when they enter theenvironment?

U PAI-Ts enter the air mostly as releases from volcanoes,forest fires, burning coal, and automobile exhaust,

U PAils can occur in air attached to dust particles.

U Some PAl-I particles can ruadiTy evaporate into the airfrom soil or surface waters.

U PAl-Is can break down by reacting with sunlight and otherchemicals in the au; over a period of days to weeks.

How might I be exposed to PAHs?U

SUMMARY: Exposure to polycyclic aromatic hydrocarbons usually occurs bybreathing air contaminated by wild fires or coal tar, or by eating foods that havebeen grilled. PAHs have been tund in at least 600 of the 1,430 National PrioritiesList sites identified by the Environmental Protection Agency (EPA).

U PA i-Is enter water through discharges from industrial andwastewater treatment plants.

U Most PAils do not dissolve easily in water. They stick tosolid particles and settle to the bottoms of lakes or rivers.

U Microorganisms can break down PAHs in soil or waterafter a period of weeks to months.

U In soils, PAFIs are most likely to stick tightly to particles;certain PAHs move through soil to contaminate undergrOu nIl water.

U PAIl contents of plants and animals may he much higherthan PAH contents of soil or water in which they live.

Breathing air containing PAFIs in the workplace ofcoking, coal-tar, and asphalt production plants; smoke-houses; and municipal trash incineration facilities.

U Breathing air containing PAHs from cigarette smoke,wood smoke, vehicle exhausts, asphalt roads, or agricultural burn smoke.

U Coming in contact with air, water, or soil near hazardouswaste sites.

U Eating grilled or charred meats; contaminated cereals,flour, bread, vegetables, fruits, meats; and processed orpickled loods,

U Drinking contaminated water or cow’s milk,

U.S. DEPARTMEN’r UI’ IIEALTII AND HUM &N SERVICES, PuWic health ServiceA.tzeIlcv hir Toxic Substances and Disease Registry

Page 2 POLYCYCLIC AROMATICHYI)ROCARBONS (PAils)

Li iJuisit infhnls ni niothers living near hazardous wastesites niny be exposed to PA Is through their mothers milk.

I low can PA [Is affect my health?

Mice [hat werc lcd high levels of one PAT-I duringpregnancy had d Ilicu I ty reprod icing and so did their ofl—spring. These ofT-ipring also had higher rates of’ birth delectsanti lower body weights. It is not known whether these ctThetsoccur ii) people.

Animal studies have also shown that PAt-Is can causeharmful effects on the skin, body fluids, and ability to fightdisease after both short— and long—term exposure. But theseeffects have not been seen in people.

I-low likely arc PAils to cause cancer?

The Department ofi iealth and Human Services (1)1-fT-IS)has determined hat some PAl-Is may reasonably be expected tohe carcinogens.

Sonic people who have breathed or touched mixtures ofPAils and other chemicals for long periods oftinie havedeveloped cancer. Some PAHs have caused cancer in laboratory animals when they breathed air containing them (lungcancer), ingested them in food (stomach cancer), or had themapplied to their skin (skin cancer).

is there a medical test to show whether I’vebeen exposed to PAils?

In the body, PAHs are changed into chemicals that canattach to substances within the body. There are special teststhat can detect PAHs attached to these substances in bodytissues or blood. However, these tests cannot tell whether any

health effects will occur or find out the extent or source otyour exposure to the PAl—Is. The teSts are it us tinily ava I ablein your doctor’s office because special equipment is needed toeon duet them.

I-las the federal government maderecommendations to protect human health?

The Occupational Safety and I lealth Administration(OSHA) has set a limit of0.2 milligrams ofPAHs p cubicmeter ofair (0.2 mg/nit). The 051-lA Permissible LxposurcLimit (PEL) for mineral oil mist that contains PAT—Is is 5 mg/rnaveraged over an 8—hour exposure period.

The National Institute for Occupational Safely and Health(NIOSH) recommends that the average workplace air levels forcoal tar precincts not exceed 0.1 mg/rn- for a 10—hour workday,within a 40—hour workweek. There arc other limits for workplace exposure for things that contain PAl-Is, such as coal, coaltat, and mineral oil.

Glossary

Carcinogen: A substance that can cause cancer.

Ingest: Take food or drink into your body.

References

Agency for Toxic Substances and I)sease Registry (ATSDR).1995. Toxicological profile for polycyclie aromatic hydrocarbons. Atlanta, GA: U.S. Department of Health and HumanServices, Public Health Service.

Tox FAQs I n ernet address via WWW is h(tp://www.a(sdr.cdc.gov/ioxfaq.html

Where can I get more information? For more information, contact the Agency Fir Toxic Substances and DiseaseRegistiy, Division ofToxicology, 1600 Clifton Road NT, Mailstop F-32, Atlanta, CiA 30333. Phone: 1-888-422-8737,FAX: 770-488-41 78. ThxFAQs internet address via WWW is http://wwwatsdr.edc.gov/toxfaq.html ATSDR can tell you whereto hod occupational and environmental health clinics. Their specialists can recognize, evaluate, and [teat illnesses resultingfrom exposure to hazardous substances, You can also contact your community or state health or environmental quality[ department ifyou have any niorequestionsorconcerns.

______

Prepared in cooperation with the City ol Austin, Texas

Parking Lot Sealcoat: A Major Source of Polycyclic AromaticHydrocarbons (PAHs) in Urban and Suburban EnvironmentsBy Peter C Van Metro’, Barbara J Molder, Ma too Scoggins, anti lxio A lamil I on’

What are PANs, coal tar, andsealcoat?

Collaborative studios by the City of Austin and the U. S. Geological Sunioy (IJSGS) rave identified

coal-tat based sealcoat---—the black, shiny emulsion painted or sprayed on asphalt pavement suchas parking lols-—-—as a major and previously unrecogniied source of polycyclic aromatic hydrocar

boo PAll) contamination. Several PAHs are suspected human carcinogens and are toxic to aquatic

life. Studios in Austin, Texas, showed that particles in rurioll (ruin coal tar based sealcuntod

parking lots had concentrations of PAHs that were about 65 Limes higher than concentrations in

particles washed off parking lots that had not been sealcoated. Biological studies, conducted by

the City of Austin in the field and in the laboratory, indicated that PAL-I levels in sediment contami

nated with abraded sealcoat were toxic to aquatic life and were degrading aquatic communities,

as indicated by toss of species antI decreased numbers of organisms. Identification of this source

of PAHs may help to improve FuLure sirategios for controlling these compounds in urban waler

bodies across The Nation where parking lot sealcoat is used.

Particles in runoff front coal-tar based sealcoated parking lots had concentrations of PAHsthat are about 65 times higher than concentrations in particles washed oft parking lots thathad not been sealcoated.

Pot ycyci ic arornat ic hydrocarbons(or PA Fix) arc a gi-oll p nI organic con I am—nants that form from tIre incomplete

con rhuxtion of hydrocarbons, such as coatand guxu inc. PA I Ix are an cnvi ron men tatconcern because they are toxic to aquaticlife and because several arc suspectedhuman carcinogens.

Coal tar is a byproduct of the cokingof coat, and can contain 50 percent ormorc PAils by weight.

Sealcoat is a black liquid that issprayed or painted on asphalt pavement in an effort to protect and beautifythe asphalt. Most sealcoat products arecoal-tar or asphalt based. Many coal-tarscalcoat products contain as much as 30percent coal tar by weight. Product amity-sex by the City of Austin indicated thatcoal-tar sealcoaL products have medianconcentrations of total PAHs about 70times higher than concentrations inasphalt-based sealcoat products.

Sealcoat is used commercially andby homeowners across the Nation. It isapplied to residential driveways and toparking lots associated with commercialbusinesses (including strip malls andshopping centers), apartment and condominium comptcxes, churches, schools,and business parks, The City of Austin,Texas, estimates that about 600,U00 gal-tons of sealcuat are applied every yearin the grea tel’ Au St n area. National usenumbers are not available, but corn rnercia! availability suggests that asphalt-based sealcoat is commonly used on iheWest Coast and coat -tar based sealcoatis commonly used in the Midwesi, theSouth, mit nir the Iast Coast.

Fact Sheet 20(15—3147.tonnary, 2006

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Penled en recynied papnr

How did USGS study parking lot runoff?

I IS( S iescarchcrs sniipk’d tunnEl at 13 arkinglitis in \iist in. ‘Ihey Iso took scraping siiitt1iles olparking lot stirhices In eiiiiiiarc source itrialsIn particles in the ruini ITSciaping smiples andthe wawr and particles in the runoff saniples wereanalyzed tot a Sn ite of PA I-Is, iacir elements, and(race elements. ‘II ic researchers sprayed water onfour difTercnt tyocs l parking lot surfaces: lotssealed with coal— tar based sealcoal (top photo),lots sealed with aspha I i—based seal coat unsealedasphalt lots. and unsealed concrete lots. The runoHwas collected behind spill herrus, pumped intocontainers (middle photo) and I’ll feted throughTeflon filters to collect the particulales for analysis(bottom photo). The. pm’ticulates, the iilIei’ed water,and samples of sealcoat scraped from the parkingloL surfaces were analyzed for PAl-Is at the USGSNational Water Quality Laboratory in Dcnvcr,Colorado. Concentrations and yields (the amountof PAFIs coming off a parking lot p unit area)were used to determine levels ol contamination inrunoff from each type of parking lot and the inipor—Lance of sealed lots as a source of PAHs to urbanstreams.

How does sealcoat get fromparking lots into the environment?

Vehicle tires abrade parking lotsealcoat into small particles. These smallparticles arc washed off parking lots byprecipitation and into storm sewers anctstreams. Scalcoat “wear and tear” isvisible in high traffic areas within a fewmonths after application. Sealcoat nianufacturers recommend reapplication every2 to 3 years.

What are potential environmentaland human-health concerns?

PAHs are toxic to mammals(including humans), birds, fish, amphibians, invertebrates, and plants. Aquaticinvertebrates, the insects mid oilier smallanimals that live in streams and lakes, arepaitcul any susceptible to PAl-I con tam i—nation, especially the bottom dwellers(henthic invertebrates) that live in themud where PAHs tend to accumulate.They arc an important part of the foodchain and are often monitored as indica

tors ol’ stream quality (analogous to the“canary in the coal mine” concept). Possible effects of PARs on aquatic invertebrates include inhibited reproduction,delayed emergence, sediment avoidance,and mortality, and possible adverseeffects on fish include fin erosion, liverabnormalities, cataracts, and immunesystem impairnients. PAHs tend to attachto sediment; the Probable Effect Concentration (PEC)—a widely used sediment-quality guideline that is the concentration of a contaminant in bed sedimentexpected to adversely affect benihic (orbottom-dwelling) biota—is 22.8 mg/kg(milligrams per kilogram) for total PAl-Is.

Studies by USGS and City of Austindid not evaluate human-health risk fromexposure to sealcoat Human—health riskfrom environ men til contaminants is o lienevaluated in terms of exposure pathways.For example, people could potentiallyhe exposed to PARs in sealcont throughskin contact with abraded particles fromparking lots, inhalation of wind-blownparticles, and inhalation of fumes thatvolatilize from sealed parking lots. PAIlsin streams and lakes rarely pose a human

health risk via drinking water becauseof their tendency to attach to si’di,ncntrather than dissolve in water. in addition,because [‘Al Is do not readily binaccuimitate willnn the lbod chain, possiblehuman— health risks associated with eonsumplion of fish arc low.

What are the concentrations ofPAHs in runoff from sealed andunsealed parking lots?

Concentrations of’ PAHs in particles(including abraded sealcoat along withurban dust and other sediment) washedoff from each of the different surfacetypes..- including the unsealed parking lots—were gteater than the PEC of22.8 mg/kg. The average concentrationin particles washed off parking lots thatwere not sealcoated was 54 mg/kg. Thisis not surprising because uotnoli hornparking lots is likely to contain PAilsfrom many sources, including leakingmotor oil, lit-c pirticles, vehicle exhaust,and atmospheric deposition.

Concentrations of PAHs wet-c muchhigher in particles in runoff from parkinglots sealed with coal-tar based sealcoatthan from all other types of parking lotsurfaces. Specifically, the average concentration of PARs fi-om coal-tar sealedlots was 3,500 mg/kg, about 65 timeshigher than the average concentration inparticles washed off unsealed parkinglots. The average concentration in par-

100,000 F

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c.i: .j’Type uf pakIn tel

Concentrations of total PAl-Is in particlesin runoff from sealed parking lots greatlyexceeded concentrations from unsealedparking lots. The bat on each graph isthe mean concentration The yaxis islogarithmic.

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1,000

100

titus washed oil parking ks x’aiud v.’ithr;it;iii- ltsed scalcoit wits (20 ing/kg,

about (I times higher than the averagec&riicciilratiohi from tnixertlcd1raikitig lotsand 6 nines less than (hi’ average ConCCfl—

(r:ition troTn coal—tar scaled lots,

The large dilThicnces betweentonceritintions associated with sealedand unsealed parking lots indicate thatabraded sealcoat is a major and previ—iris y u it recogniZed con In ho to r to PAIl

c’onhijniinatron.

How do PAHs from sealcoat affectthe quality and biology of streams?

Studies by USGS scientists demonstrated possible connections betweenPAT Is in particles washed oil sealedarking lots and PAT-Is in suspended sedimc n in four streams in Austin arid FortWorth, Texas. The total iaas of PARs(or “load’) expected to wash off scaledparking lots was compared to the load ofPAl-is measured in suspcnde(l se(limentin the four streams alter rainstorms. Theload of PAl-Is estimated to come from thescaled parking lots was comparable to themeasured load in [he streams, indicatingthat runoff from sealed parking lots couldaccount for the majority of PARs in thesestreams. Findings also showed that PANsin suspended sediment in the streamswere chemically similar to those in particles washed off parking lots sealed withcoal-tar based sealcoat. What would bethe effect on PAR loading to the streamsif parking lots were not sealed? Estimates

from the USGS study indicate that totalloads of PAils coming from parking

lots in the studied watersheds would hereduced to about one—tenth of their cur—rent levels if all of the parking lots wereunsealed.

Studies by City of Austin biologistsshowed that PAT-is in sediment contaminated with abraded scalcoat could be

adversely affecting aquatic communities.Specifically, toxicity testing of organismsin the laboratory showed large increasesin mortality as sealcoat amounts andPAR concentrations were increased, andthat sediment contaminated with coal—tarsealcoat was toxic to aquatic life at PARconcentrations observed in Austin water-

ways. Controlled experiments [hat usedaquariums with diverse natural biologicalcommunities showed significant biological degradation in response to the addition of scalcoat particles. Finally, fieldassessments in selected Austin streamsshowed loss of species and decreases inthe number of aquatic organisms clown-stream from inflows of runoff from coal-tar scalcoated parking lots. These effectscoincided with increases in concentra(ions of PAils in stream sediment belowsealcoated parking lots. Overall, Cityof Austin scientists have reported PANcontamination at levels predicted to hetoxic to henthic invertebrates in about 13percent of sampled Austin creeks.

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400 500 1,000 .500 2,000

Change ri Inlet PAHo, in nicrnginms per gram organic carbonlirpotroon’ In dowirsl,eonrl

2,500

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E

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- 150

1r 200-——---- J...__._.L._,_._ L_

0 500 .000 1,500 2,000 2,500Change in Fatal PAils, in naciograrns per gronr organic carbon

Ilirslream In downoireanil

Field assessments in five selected Austin streams showed loss ut species (taxa) and decreases in the number of aquatic organismsdownsiream o coal-tar sealcoated porkine lots that can be, in large part, explained by increases in beta! RAKs.

How did City of Austin scientists conduct biological studies?

City of Austin biologists conducted laboratory and field studies to evaluate theeffects of sealcoated park ng lots on aquatic coiomun itics in area streams. Thesetiiilie included toxicity testing in controlled laboratory experiments that exposedorganisms to sednnent spiked with coal-tar nod asphalt—based sealcoat (Tellphotu) controlled experiments that used aquin’iumi; with diverse natural biologicalcoiniminities to wlticli sealcoat was added (middle I1lioto) and lie-Id assessmentsol aquatic communities in streams upstream and downstream [ruin inflows ofrunoff from sealcoated parking lots (right photo).

-: — :1• .. -

.

How do these findings apply tourhati lakes and reservoirs?

liii’ toiteelitrattoits ol PAl Is inalt&’s anti reservoirs across lie Nation art

iIiclvising, as jidicated by liSt S simlic’si 38 reservoirs and lakes conducted inI S iiit’tropolilan irt’as across the country\lan Metre and Mahlcr, 2(8)5). Sedi

iiteiit (OFCS (vertical tubes ol mod) werecollected Iioiii reservoir aiitl lake bottoms(see photo below): analysis ol these coresprovitlcxrccoructom ol lusinocal watCr LI naIl ty oVer Ii mc, in uc h I keusing tree rings to reconstruct historical cli mate. Ru nol I cmii es soil, debits,and attached contaminants to lakes andreservoits, which settle to the bottom; asthe scdi n icnl biji lds up, changes in waterqua lily are recorded in the successivesediment layers.

USGS findings show that concen—tritions ot total PA I Is in the majority ollakes and reservoirs in urban and suburban areas across the Nation increased sig—

ni ficanil y Irom1970 to 2001.The increases

were greatestin lakes withrapidly urbanizing watersheds (urbansprawl); forcxaniplc,over the last10 years, theconcentrationsofPAFls in

Lake in [he Hills (suburban Chicago, Illinois) increased [en-fold as the watershedwas rapidly developed. Further study isneeded to assess direct links between theuse of sealcoal and PAH trends in theseurban lakes and reservoirs across theNation.

What are the implications of thesestudies?

The study ol parking lot surfaces bythe USGS and the City of Austin showthat abraded scaicoat could he a majorsource of PAl-Is to urban and suburbanwater bodies in watersheds across theNation where sealcoat is used Such findings have i 011)1 icatiorls that cx Let id beyondTexas as sealcoat is used nationwide;further studies would help to evaluate

lie POIelitlal 0tJ)iiltS uI setleoit ott liea1uiatie eoviriuiiiliciit i oIlier parts nt Itt:

eimiitry. Jdcntiiieatioit of this sootec iOiiinihienec lntn,-c strategies or eontiolliiigPAl Is iii urban environments. In the past,soirees ol PAl Is in urhan watershedswere II mug ht to be doni i nit ted by no mciotis ni unpoi nt sources, sot-h as leakingmotor oil, tire weal-, vehicular exhaust.and atmosphei-ic deposit ion. Suchsources arc di ffleuit to quantiR’ or controlheciiose of their diffuse nature. In con—trasi. scalcoatcd parking lots are specilicareas that con tn ho te directly to u thanstorm water ru noll (see photo below),and [he use of sealcoat is voluntary andcontrollable. 1 0 ad dress PAIl con—tam nation in streams, the (‘it)’ olAustin(‘ouncil banned the use of coal—tat basedscale-oat. clThctivc January 2006 (NancyM c( ‘Ii n lock, wri tt en corn in 110 cat ion, ( I tyol’Austin, November 2005).

Possible alternatives to coal-tarbased scalcoating of parking lots anddriveways include the use of concrete andunsealed asphalt pavement, and the use ofasphalt-based sealcoat that contains lowerlevels of PAHs.

Currently, [he use of coal-tar basedsealcoat is not federally regulated. In1992, the U.S. Environmental ProtectionAgency excluded coke product residues,including coal tar, from classification ashazardous wastes if they are recycled.Under the Resource Conservation andRecovery Act, coal-tar based pavement sealants al-c products that containrecycled coal tar and, therefore, are notregulated.

Contacts for additional information

Petei’ Van Metre and Barbara Mahiet’U.S. Geological Survey8027 Exchange DriveAustin, Texas 78754-4733(512) 927-3506 or pcvannlet@usgs.gov(512) 927-3566 or biinahier@nsgs.gov

Matco St’oggins

( ‘ity of AustinWatershed Protect ion and l)cvelolnhientReview I )epart tic lit

505 13 arton Springs Road. I It FloorAust in, Thxas 78704(Si 2) 974-1917 orinatcn.seoggi ns (‘ei mist in tx its

Links to related publications, dataand maps

City of Austin Coal Tar SealantI nforination—

hnp://wii’iisc-i.ausfln.tx.io-/ii’att’cvhed/hs_c:oo/jaj: hon

USGS fi’eqiiently asked questions—htt1,://watei: usgs. goi’/nasi’qo/asphafi..vpalers. html

Basic information on the toxicity ofPA i-Is to biological organisms,U.S. Environmental Protection Agency(USEPA)littp://wa’tis epic gov/1?5Super/ecology/htinl/Ioxprofiles. huii#pah.s

General in(rniation on PAHexposure, Agency for Toxic Substancesand Disease Registry (ATSDR)—hup://wti’asaisdi: cdc.gov/toxpro/zles/phsó9.himi

References

Mahier, B.J., Van Metre, P.C., Bashara,T.J., Wilson, J.T., and Johns, D.A.,2005. Parking lot sealcoat: An unrecognized source of urban PAHs: Environmental Science and Technology,vol. 39, no. 15, p. 5560-5566.

Vim Metre, PC. and Mahier, B.J., 2005.Trends in hydrophobic organic contaminants in urban and reference lakesediments across the United States,1970-2001: Environmental Scienceand Technology, vol. 39. no. IS, p.5567-5574 -

City of Austin. 2005. PAHs in Austin.‘lbxas. (hup://n’sa.ci.austio. it.ua/watershed/downloads/i -oti/rar_thqfi/)rlh_s!tol),pq’l)

U.S. (tt,;lu5c;it Situ eyC’ii nt Auitin

§511.010 PUBLIC HEALTH, WELFARE AND SANITATION §511.020

V. PROHIBITING THE USE AND SALE OF COAL TAR-BASED SEALANTS

§511.101. PURPOSE.

The City of White Bear Lake highly values lakes, rivers, streams and otherbodies of water as natural assets which enhance the environmental, recreational,cultural and economic resources and contribute to the general health and welfare of thecommunity.

The use of sealers on asphalt surfaces is a common maintenance practice.However, scientific studies on the use of pavement sealers have demonstrated arelationship between stormwater runoff and certain health and environmentalconditions, including the presence of Polycyclic Aromatic Hydrocarbons, a knowncarcinogen.

The purpose of this ordinance is to regulate the use of sealer products within theCity of White Bear Lake, in order to protect, restore, and preserve the quality of itswaters. Further, it is the purpose of this ordinance to enhance compliance with theapplication prohibition through regulating sale of certain products.

§501,020, DEFINITIONS.

Except as may otherwise be provided or clearly implied by context, all terms shallbe given their commonly accepted definitions. For the purpose of this ordinance, thefollowing definitions shall apply unless the context clear indicates or requires a differentmeaning:

ASPHALT-BASED SEALER. A petroleum-based sealer material that iscommonly used on driveways, parking lots, and other surfaces and which does notcontain coal tar.

COAL TAR. A byproduct of the process used to refine coal.

COAL TAR-BASED SEALER. A sealer material containing coal tar and is foruse on an asphalt or concrete surface, including a driveway or parking area.

CITY The City of White Bear Lake.

PAHs. Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formedduring the incomplete bUrning of coal, oil, gas, or other organic substances. Present incoal tar and believed harmful to humans, fish, and other aquatic life.

§51t030 PUBLIC HEALTH, WELFARE AND SANITATION §511.050

§511.030. USE OF COAL TAR-BASED SEALER PROHIBITED.

Subd. 1. No person shall apply any coal tar-based sealer to any driveway,parking lot, or other surface wilNn [he City of White Bear Lake.

Subd. 2. No person shall contract with any commercial sealer product applicator,residential or commercial developer, or any other person for the application of any coaltar-based sealer to any driveway, parking lot, or other surface within the City.

Subd. 3. No commercial sealer product applicator, residential or commercialdeveloper, or other similar individual or organization shall direct any employee,independent contractor, volunteer, or other person to apply any coal tar-based sealer toany driveway, parking lot, or other surface within the City. A person who owns propertyon which a coal tar-based sealer is used is presumed to have used a coal tar-basedsaler in violation of this section.

§511.040. SALE OF COAL TAR-BASED SEALER RESTRICTED

Subd. 1. A person may not sell a coal tar-based sealer product within the City,unless:

a) The sale is to a person who intends to use the coal tar-based sealeroutside the City’s planning jurisdiction; and

b) The seller requires the purchaser to complete and sign a form provided bythe City that includes:

1. The name, address, and phone number of the purchase,2. The date of the purchase,3. The quantity of coal tar-based sealer purchased,4. A statement that the coal tar-based sealer will not be used within the

City of White Bear Lake, and5. An affirmation by the purchaser that the information on the form is

correct, and6. The seller retains the completed form for a period of not less than two

years and allows the City to inspect or copy of the form upon request.

§511.050. ASPHALT-BASED SEALCOAT PRODUCTS.

The provisions of this ordinance shall only apply to use of coal tar-based sealerin the City and shall not affect the use or sale of asphalt-based sealer products withinthe City.

§511.060 PUBLIC HEALTH, WELFARE AND SANITATION §511.070

§511.060. PENALTY.

Any person convicted of violating any provision of this ordinance is guilty of amisdemeanor and shall be punished by a fine not to exceed one thousand dollars($1000.00) or imprisonment for not more than ninety (90) days, or both, plus the costsoF prosecution in either case.

§511.070. SEVERABILITY.

If any provision of this ordinance is found to be invalid for any reason by a courtof competent jurisdiction, the validity of the remaining provisions shall not be affected.(Ref. Ord. 10-4-1 069, 4/27110)

The recent article in the Chicago Tribune regarding coal tar based pavement sealers has raised questionsregarding its safety. After reading the article and a number of rebuttals I can only say that I am notcertain what the exact truth is. Our suppliers are telling us that the product is safe to use and that theTribune article misrepresents many of the facts about the product. Some of their arguments againstthe article make sense. For example the first paragraph points out that if I dumped the coal tar sealer“behind a factory” I would “violate all sorts of environmental laws and face an expensive hazardous-waste cleanup.” The same is true for latex house paint that we all use in our homes on a daily basis aswell as asphalt based sealers. This statement helps the article start with an impressive impact, but reallydoesn’t tell us anything. I will not go into detail on other points of contention, but will tell you some ofthe things I know about the material:

I know that the polycyclic aromatic hydrocarbons in question are a byproduct of many common andevery day processes such a burning fuels and gasoline. I know that the refined coal tar used to makepavement sealer is also used in many consumer products including some applied directly to our bodiessuch as dandruff shampoo. I know that my material suppliers have a strongly vested interest inprotecting their product and that I cannot be certain their product is safe simply because they tell me so.I know that the EPA has regulated and banned other products our industry uses and I see no reason thatthey would not do the same with this product if they concluded it was not safe.

We have used and investigated other pavement sealers in the past and found that the durability andlife-span of the coal tar based sealer is significantly superior. My brothers and I have worked directlywith the coal tar sealer for 30 years and at this point we plan to continue to use it unless we receivenotice from the EPA that they deem it unsafe. However, we will gladly use an asphalt based sealer at therequest of any of our customers. The difference in the cost of the material is nominal, but the asphaltbased sealer will be more temperature sensitive and will not last as long as the coal tar sealer.

Attached is a copy of a response to the Tribune Article written by the Pavement Coatings TechnologyCouncil. Please feel free to call me with any questions you might have.

Sincerely,

Jay LandPresidentPavement Systems, Inc.13820 S. California Ave.Blue Island, Illinois 60406Phone: 708-396-8888, ext-17Fax: 708-396-8893

Attachment_ AZ-

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www .chicagotribune.com/healthlct-met-toxic-coal-tar-sealant-20 110115,0,2601922.story

chicagotribune.com

New doubts cast on safety of common driveway sealant

Extremely high levels of toxic chemical in coal tar found in booming suburb

By Michael Hawthorne, Tribune reporter

2:07 PM CST, January 18, 2011

If a company dumped the black goop behind a factory, itwould violate all sorts of environmental laws and face anexpensive hazardous-waste cleanup.

But playgrounds, parking lots and driveways in manycommunities are coated every spring and summer withcoal tar, a toxic byproduct of steelmaking that containshigh levels of chemicals linked to cancer and otherhealth problems.

adver’. trig

Nearly two decades after industry pressured the U.S.Environmental Protection Agency to exempt coal tar-based pavement sealants from anti-pollution laws, agrowing number of government and academic studiesare questioning the safety of the widely used products.Research shows that the tar steadily wears off andcrumbles into contaminated dust that is tracked into houses and washed into lakes.

In Lake in the Hills, a fast-growing McHenry County suburb about 50 miles northwest of Chicago,researchers from the U.S. Geological Survey found that driveway dust was contaminated with extremelyhigh levels of benzo(a)pyrene, one of the most toxic chemicals in coal tar. The amount was 5,300 timeshigher than the level that triggers an EPA Superfund cleanup at polluted industrial sites.

High levels also were detected in dust collected from parking lots and driveways in Austin, Texas;Detroit; Minneapolis; New Haven, Conn., and suburban Washington, D.C. By contrast, dramaticallylower levels were found in Portland, Ore.; Salt Lake City and Seattle, Western cities where pavementsealants tend to be made with asphalt instead of coal tar.

The findings raise new concerns about potential health threats to people and aquatic life that wentundetected for years.

“This is a real eye-opener, even for scientists who work frequently with these chemicals,” said BarbaraMahier, a USGS researcher involved in the studies. ‘Such high concentrations usually are found atSuperfund sites, but this could be your church parking lot or your school playground or even your owndriveway.”

About 85 imllion gallons of coal tar—based sealants are sold in the United States each year, according to

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industry estimates. There are no comprehensive figures on where it is applied, but in Lake in the Hills,researchers determined that 89 percent of the driveways are covered in coal tar.

Manufacturers promote the sealants as a way to extend the life of asphalt and brighten it every few yearswith a flesh black sheen. Contractors spread a mixture of coal tar, water and clay using squeegeemachines and spray wands, or homeowners can do it themselves with 5-gallon buckets bought athardware stores.

The makers of coal tar sealants acknowledge that the products contain high levels of benzo(a)pyrene andother toxic chemicals known collectively as polycyclic aromatic hydrocai-bons, or PAHs. But they denytheir products are responsible for the chemical contamination found in government studies, saying itcould be coming from vehicle exhaust or factory emissions that travel long distances and eventuallysettle back to earth.

As more research identifies coal tar sealants as a top source of PAH-contaminated driveway dust andlake sediment, manufacturers have started to fund their own research to question the findings. Lobbyistsalso are offering contractors free admission to an upcoming seminar that promises to show theiri ways to“protect the industry,” including a promotional DVD they can use to “help market sealcoating to yourcustomers,”

“Nobody in our industry wants to hurt anybody,” said Anne LeHuray, executive director of thePavement Coatings Technology Council, an industry trade group. “The science is still evolving. If ourproducts are a source, they are a very localized source.”

The supply chain for the sealants begins at about two dozen factories, most of them around the GreatLakes or in western Pennsylvania, that bake coal into high-energy coke used in steel production.Companies figured out a century ago that much of the waste could be refined and sold to make otherproducts, and they started adding it to pavement sealants after World War II.

One of the biggest suppliers is Koppers, a Pittsburgh-based company that processes coal tar at a plant inwest suburban Stickney. The plant made about a third of the nation’s refined coal tar in 2007, most of itused in aluminum production, according to an industry slide presentation. A company spokesmandeclined to comment.

Coal tar remains in widespread use even though its dangers have been known for centuries. During thelate I 700s, many chimney sweeps exposed to tar in coal-heated London developed scrotal cancer, anddecades later doctors determined that workers who coated railroad ties with tar-based creosote had highrates of skin cancer.

More recently, federal and state officials have prosecuted dozens of companies for illegally dumpingcoal tar and fouling neighboring areas with PAHs. At least 40 percent of the polluted industrial sites onthe EPA’s Superfund cleanup list have problems with PAH contamination, as do scores of other sitesthat haven’t made the list.

Major cleanups in the Chicago area include a site in west suburban Oak Park, where a thetory thatturned coal into natural gas during the late I 800s dumped coal tar on property that later became a villagepark. Utilities spent at least $50 million digging 40 feet down into Barrie Park during the mid-2000s tohaul out more than 300.000 tons of contaminated soil.

In 2007, the U.S. EPA ordered a company to dig up the yards of’ more than three dozen homes inChicago’s Little Village neighborhood where coal tar had oozed from an abandoned roofing plant

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nearby. The agency also urged residents to prevent their children from playing in dirt around theirhouses and to avoid gardening.

The amount of PAHs that triggered the Oak Park and Little Village cleanups was substantially lowerthan what researchers found in driveway dust in Lake in the Hills — 0.3 and 10 parts per million,respectively, compared with up to 9,600 parts per million.

Despite the EPA’s long-standing worries about the chemicals, industry successfully lobbied to exemptcoal tar pavement scalants when the agency tightened hazardous-waste rules for coke ovens during theearly I 990s. The little-noticed change made it easier for manufacturers to keep selling the products,which can contain as much as 50 percent PARs by weight.

Agency spokesmen declined to make anyone available to discuss the exemption, but said in a statementthere are no plans to revise it. “EPA regulations allow for the legitimate recycling of coal tar undercertain specified parameters,” the statement said.

Scientists started to track the movement of coal tar seal ants into homes and lakes about a decade ago,after pinpointing the source of alarmingly high levels of PARs in Barton Springs, a popular swimminghole in Austin, the Texas capital. Tom Bashara, an environmental investigator, noticed that pollutionhotspots in a creek flowing into the pool were near parking lots coated with coal tar.

The finding led Mahier and her colleagues at a USGS center in Austin to expand the research to othercommunities around the nation, including Lake in the Hills, where the number of households more thanquadrupled between 1990 and 2006.

Among other things, they found rising amounts of PAl-Is in the sediment of lakes where coal tar sealantsare commonly used, but dramatically lower amounts in areas where asphalt-based sealants are preferred.

In Austin, the scientists also found that dust inside apartments next to parking lots coated with coal tarwas 25 times more contaminated than the dust in units next to lots coated with asphalt or left unsealed.Young children could be the most vulnerable to exposure, the researchers concluded, because they playon or near floors where dust collects.

After industry lawyers challenged the findings, arguing that other sources were to blame, the USGSscientists published another peer-reviewed study late last year that traced the contamination back to coaltar sealants.

By analyzing several feet of sediment, they determined that concentrations in the biggest lake in Lake inthe Hills, known as Woods Creek Lake, didn’t begin to spike until the area was more intensely pavedwith parking lots and driveways in the early I 990s. They spotted similar trends in other cities, includingOrlando, Fla., and suburban Washington.

“You just don’t otherwise see these kinds of concentrations in a typical urban, residential environment,”said Peter Van Metre, another USGS scientist working on the research.

Coal tar sealants have been banned in Austin; Dane County, Wis.; Washington, D.C., and severalMinnesota cities. Home Depot and Lowe’s have pulled coal tar-based sealants from their shelves, thoughthey remain widely available elsewhere.

In Lake in the Hills, officials posted a one-page brochure at Village Hall outhning the differencebetween coal tar— and asphalt—based sealants. The village stopped using coal tar sealants on its own

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property but declined to ban them outright.

“We’ve already solved the problem,” said Gerald Sagona, the village administrator.

PAHs are of particular concern because they don’t break down easily. The USGS found that althoughconcentrations of banned chemicals like DDT and PCBs are slowly declining in the environment, levelsof PAHs are increasing.

“There is a very clear connection between the use of these sealants and high levels of contaminationdownstream,” said Alison Watts, a University of New Hampshire researcher whose own studies trackedPAH-contaminated runoff from parking lots. ‘The problem isn’t going to go away if you keep puttingthis stuff down every three years.”

mhawthorneQttribune.com

Copyright © 2011, Chicago Tribune

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Jason Slowinski

From: alehuray [alehuray@pavementcouncil.org]Sent: Monday, March 14, 2011 3:40 PMTo: Jason SlowinskiSubject: Pavement Coatings Technology Council

Importance: High

Jason SlowinskiMiner StreetDes Plaines, Illinois 60016islowinski@desplaines.org(847) 391-5300

Dear Mr. Slowinski -

Thank you again for returning my phone call last week. I am the Executive Director of the PavementCoatings Technology Council (PCTC), a trade assocation with member companies involved inmanufacturing pavement sealer materials. A web-based media monitoring system alerted PCTC thatthe City of Des Plaines is considering an ordinance concerning the use of refined tar-based sealerson paved surfaces in Des Plaines. Based on our telephone conversation, it is my understanding thatthe City Council is planning to consider the issue at a meeting on the evening of Monday March 21,and Ms. Mendoza called last Thursday to ask that PCTC’s comments or other submissions be madeby today, Monday March 14. Since we spoke last week, I have visited and searched the City’s website several times (most recently, just a minute ago) in hopes that anagenda for the March 21 meeting or the minutes of a previous meeting or a draft resolution orordinance would be posted that would help me understand and appropriately address the City’sconcerns. Unfortunately, I’m unable to find any reference at all on the City’s web site. Thus, I writewith two requests:

(1) Please send or provide a web link to any materials related to the pavement sealer issues ofconcern to the City of Des Plaines, and(2) As I explained last week on the phone, I have a previous commitment that will not allow me to bepresent for the Des Plaines City Council meeting on March 21. Based both on this unbreakablecommitment and the fact that it is unclear to the potentially impacted business community what theCity’s concerns are and what is being proposed to address those concerns, please ask the CityCouncil to defer discussion of whatever the issue may be until the business community is given achance to understand and respond to the City’s concerns.

You can learn more about PCTC at the organization’s web site: http://www.pavementcouncil.org/.For your information, PCTC members have manufacturing facilities located in Cook County, Illinoisand surrounding areas. PCTC is in the process of gathering information about members’ businessactivities in and around Des Plaines.

Thank you for your consideration,Anne

Anne P. LeHuray, Ph.D.Pavement Coatings Technology Council Attachment

1

CITY OF DES PLAINES

ORDINANCE M - 6 - 11

AN ORDINANCE AMENDING TITLE 5, “PUBLICHEALTH AND SAFETY,” OF THE DES PLAINES CITYCODE BY ADDING CHAPTER 7, “PROHIBITING THEUSE AND SALE OF COAL TAR-BASED SEALANTS.”

BE IT ORDAINED by the City Council of the City of Des Plaines, Cook County,

Illinois in the exercise of its home rule powers, as follows:

SECTION 1: That Title 5, “Public Health and Safety,” of the Des Plaines City Code be

amended by adding Chapter 7, “Prohibiting the Use and Sale of Coal Tar-Based Sealants” and

read as follows:

CHAPTER 7PROHIBITING THE USE AND SALE OF COAL TAR-BASED SEALANTS

5-7-1: PURPOSE:

The City of Des Plaines highly values lakes, rivers, streams and other bodies of water as naturalassets which enhance the environmental, recreational, cultural and economic resources andcontribute to the general health and welfare of the community.

The use of sealers on asphalt surfaces is a common maintenance practice. However, scientificstudies on the use of pavement sealers have demonstrated a relationship between stormwaterrunoff and certain health and environmental conditions, including the presence of PolycyclicAromatic Hydrocarbons, a possible carcinogen.

The purpose of this ordinance is to regulate the use of sealer products within the City of DesPlaines, in order to protect, restore, and preserve the quality of its waters. Further, it is thepurpose of this ordinance to enhance compliance with the application prohibition throughregulating sale of certain products.

5-7-2: DEFINITIONS:

Except as may otherwise be provided or clearly implied by context, all terms shall be given theircommonly accepted definitions. For the purpose of this ordinance, the following definitions shallapply unless the context clear indicates or requires a different meaning:

ASPHALT-BASED SEALER: A petroleum-based sealer material that is commonly used ondriveways, parking lots, and other surfaces and which does not contain coal tar.

COAL TAR: A byproduct of the process used to refine coal.

COAL TAR-BASED SEALER: A sealer material containing coal tar and is for use on anasphalt or concrete surface, including a driveway or parking area.

CITY: The City of Des Plaines.

PAils: Polycyclic Aromatic Hydrocarbons. A group of organic chemicals formed during theincomplete burning of coal, oil, gas, or other organic substances. PAHs are present in coal tar areharmful to humans, fish, and other aquatic life.

5-7-3: USE OF COAL TAR-BASED SEALER PROHIBITED:

A. No person shall apply any coal tar-based sealer to any driveway, parking lot, or othersurface within the City of Des Plaines.

B. No person shall contract with any commercial sealer product applicator, residential orcommercial developer, or any other person for the application of any coal tar-based sealerto any driveway, parking lot, or other surface within the City.No commercial sealer product applicator, residential or commercial developer, or othersimilar individual or organization shall direct any employee, independent contractor,volunteer, or other person to apply any coal tar-based sealer to any driveway, parking lot,or other surface within the City. A person who owns property on which a coal tar-basedsealer has been applied presumed to have used a coal tar-based sealer in violation of thissection.

5-7-4: SALE OF COAL TAR-BASED SEALER RESTRICTED:

A. A person may not sell a coal tar-based sealer product within the City, unless:

fl The sale is to a person who intends to use the coal tar-based sealer outside the City’sjurisdiction: and

,) The seller requires the purchaser to complete and sign a form provided by the Citythat includes:

The name, address, and phone number of the purchase:The date of the purchase;

çj The quantity of coal tar-based sealer purchased:fl A statement that the coal tar-based sealer will not be used within the City of Des

Plaines;ci An affirmation by the purchaser that the information on the form is correct; and

The seller retains the completed form for a period of not less than two years andallows the City to inspect or copy of the form upon request.

2

5-7-5: ASPHALT-BASED SEALCOAT PRODUCTS:

The provisions of this ordinance shall only apply to the sale or use of coal tar-based sealer in theCity and shall not affect the use or sale of asphalt-based sealer products within the City.

5-7-6: PENALTY:

Any person convicted of violating any provision of this ordinance is guilty of a misdemeanor andshall be punished by a fine not to exceed seven hundred fifty dollars ($750.00).

SECTION 2: If any paragraph, section, clause or provision of this Ordinance is held

invalid, the remainder shall continue in full force and effect without affecting the validity of the

remaining portions of the Ordinance.

SECTION 3: That this Ordinance shall be in full force and effect from and after its

passage, approval and publication in pamphlet form according to law.

PASSED this

_____

day of , 2011.

APPROVED this

_____

day of_________ , 2011.

VOTE: AYES NAYS ABSENT

MAYORATTEST:

CITY CLERK

Published in pamphlet form thisdayof,201 1.

CITY CLERK

Note: New language is underlined.

Legal\Ord\201 l\Add 5-7 Prohibiting the Use and Sale of (‘oat Tar-Based Sealants

Approved as to form:

&( IL, ii

___

David R. Wiltse, City Attorney

3