BILL NUMBER: S1729

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
definition of coal tar and its use in pavement products

 
PURPOSE:

This bill would reduce the polycyclic aromatic hydrocarbon (PAH) limit
in New York State's coal tar ban.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends paragraph a of subdivision 3 of section 37-0119 of
the environmental conservation law.

Section two establishes the effective date.

 
JUSTIFICATION:
              

The U.S. Environmental Protection Agency (EPA) and the Department of
Energy and the Environment in the District of Columbia are developing a
laboratory protocol and certification program testing polycyclic aromat-
ic hydrocarbons (PAHs) in pavement sealcoating used on driveways and
parking lots.

Under this program, a "gold" certification requires PAR levels to be
1,000 ppm (or 0.1%) and a "silver" certification limits PAHs to 10,000
ppm (or 1%) or less. This protocol is designed as a national standard
and indicates the harm of an increased PAH allowance.  According to the
CDC, prolonged exposure to PAH compounds, particularly in high concen-
trations, through breathing or skin contact can place individuals at an
increased risk of cancer. Workers who have been exposed to large amounts
of these chemicals have also developed blood and liver abnormalities.
Further, high levels of PAHs in coal-tar sealants negatively impact our
environment. In light of growing concerns, the European Union set their
standard PAH limit to 1,000 in 2012.

In 2021, legislation was enacted to ban the sale and use of coal-tar
based pavement sealants with PAR levels of in excess of 10,000 milli-
grams per kilogram. Only New York State, Maine and the city of Milwau-
kee, Wisconsin have adopted the less stringent level of 10,000 ppm. This
legislation would bring New York State's existing PAH limits into
uniformity with safety standards established by the EPA and DOEE.

 
PRIOR LEGISLATIVE HISTORY:

2022 PASSED SENATE

2022 assembly third reading

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This bill shall take effect immediately.