New Coal Tar Sealer Ban in Texas Dwarfs “Big D” in Area

Details of November’s decision by the Edwards Aquifer Authority (EAA) to ban coal tar based sealants in sensitive areas are becoming a bit clearer now. Covering an area more than Big “D” Dallas itself and including approximately 60,000 citizens, this ban is the 4th largest in land area in the US to date. The ban covers portions of Comal and Hays Counties and portions of the communities of New Braunfels, Wimberley, San Marcos, and Canyon Lake.

The new rule (EAA rule §713.703) applies to all the hatched area on the below map. The EAA Act (1993 Legislature) allows EAA to apply water quality rules in a buffer zone up to five miles outside its boundaries. The rules also apply to areas up to five miles beyond (topographically upgradient) the recharge zone, or up to five miles outside the EAA boundary, whichever is less.

The rule language in §713.703 indicates:

· (b) This section applies to actions located within Comal and Hays Counties on, above, or within:

1. The recharge zone of the aquifer, including the area identified on the official maps of the Authority; or
2. The contributing zone of the Aquifer five miles up-gradient of the recharge zone, or to the limit of the five-mile water quality buffer zone, whichever is less, including the area identified on the official maps of the Authority.

Edwards Aquifer Authority Map of Areas Where Coal Tar Sealants Are Banned.pdf