An Act prohibiting the use of coal tar sealers

194th Legislature (2025-2026) Introduced by Mike Moore

MA bans coal tar pavement sealants on driveways/parking areas to reduce PAH pollution; fines start at $500, later $1,000 or up to 1 year in jail; effective Jan 1, 2026.

House concurred

Summary: An Act Prohibiting the Use of Coal Tar Sealers (Senate Docket No. 1563)

Purpose and intent

This bill seeks to reduce environmental and potential public health risks associated with coal tar pavement sealants by prohibiting their application on driveways and parking areas in Massachusetts. The definitions emphasize the presence of polycyclic aromatic hydrocarbons (PAHs) in coal tar products and designate coal tar sealants as a major environmental source of PAHs.

Key provisions

New statutory section added: The bill inserts a new Section 245 into Chapter 111 of the General Laws (as it appears in the 2022 Official Edition), titled “Coal Tar Pavement Sealant Products.”

Definitions:

Coal tar: A viscous substance from the destructive distillation of coal with PAH levels exceeding 10,000 mg/kg.
Coal tar sealant product: A surface-applied sealant containing at least 20% coal tar pitch, used on asphalt or concrete surfaces (e.g., driveways, parking areas), identified as a major source of environmental PAHs.

Prohibition: No person or entity may apply, or permit the application of, a coal tar sealant product on a driveway or parking area.

Penalties:

First violation: fine of at least $500.
Second or subsequent violation: fine of at least $1,000, or imprisonment in the house of correction for up to 1 year.

Effective date: The prohibition takes effect on January 1, 2026.

Affected parties and impact

Directly affected: Property owners, contractors, and businesses that apply sealants to driveways or parking areas; manufacturers and suppliers of coal tar sealant products.

Environmental/health impact: Aims to reduce environmental PAH emissions and potential human exposure by eliminating use of coal tar-based sealants.

Regulatory impact: Creates a new enforceable prohibition under Chapter 111 with defined thresholds for coal tar content and sealant use.

Legislative context and status

Introduced: February 27, 2025.

Filed/Submitted: Senate Docket No. 1563; Senate No. 645.

Committee referral: Referred to the Environment and Natural Resources Committee.

House action: House concurred on February 27, 2025 (indicating alignment with Senate actions/amendments).

Classification: Proposed bill; status indicates it is moving through the General Court with House concurrence.

Timeline and next steps

January 1, 2026: Prohibition becomes effective.

Post-concurrence: If signed into law by the Governor, the act would become enforceable as law; otherwise, it would require further legislative action.

If you’d like, I can provide a concise one-page briefing for policymakers or a comparison with similar bills in other states.