Coal Tar Sealers Legal in California and Mandatory in One LA Community!!

Last year we demonstrated the extent of coal tar sealant use in California as the state legislature considered a bill to ban coal tar sealants (see Surprising New Info on California Coal Tar Sealant Use). That really was a surprise to many that assumed such an environmentally-proactive state would have banned this nasty product years ago.

Now comes some even more amazing information from a Sierra Madre, a Los Angeles suburb. The town of about 10,000 earlier this year passed an ordinance amendment to their “One Family Residential” code with a focus on parking.

If you listen to the discussion by their city council, the intent was to control how and with what type of vehicle would be allowed in residential areas. There was no discussion about sealants at all. However the ordinance is prescriptive in the use of coal tar pavement sealants on asphalt surfaces as shown from a clip from the ordinance below.

Certainly if staff and council knew of the problems with coal tar sealant pollution this, at best, would have been silent on the issue. If you are new to this issue, may we suggest you review this interactive infographic about coal tar sealer pollution and its effects.

Also the ordinance includes a statement that “the amendments will not have any significant effect on the environment.” This is contrary to the State of California’s transportation agency’s (CALTRANS) position on PAH pollution as one of “source control” via the use of less polluting alternatives than coal tar sealers. Also a “negative declaration” was included that the project would not have any negative consequences on the environment or that they have been successfully mitigated. This is required under a California state law, The California Environmental Quality Act. Most likely the effects of coal tar sealers were not considered.

Let’s hope that a statewide ban in California will nullify this ordinance’s requirements for coal tar sealant use and the good folks in Sierra Madre will revise this ordinance once they realize they are requiring a suspect product to be used on private property.