Sec. 19-68. High-PAH pavement sealant products.
Montgomery County, Md., Code § 19-68 (2026)
Sec. 19-68. High-PAH pavement sealant products.LinkCopy Citation
(a)
Definitions. As used in this Section:
Coal tar pavement sealant means a pavement sealant that contains coal tar, coal tar pitch, coal tar pitch volatiles, RT-12, refined tar, or a variation of those substances assigned the chemical abstracts service (“CAS”) number 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2.
Director means the Director of the Department of Environmental Protection or the Director’s designee.
High-PAH pavement sealant means a pavement sealant containing:
(1)
steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a variation of those substances assigned the CAS number 64742-90-1 or 69013-21-4; or
(2)
more than 0.1% (1000 ppm) polycyclic aromatic hydrocarbons, by weight, using a standard testing protocol for determining the PAH content of a pavement sealant approved by the Director.
PAH means Polycyclic Aromatic Hydrocarbons.
Pavement sealant means a material intended to be surface applied to an asphalt or concrete surface, including a driveway or parking lot, to protect or seal the asphalt or concrete. Pavement sealant does not include material applied to a roof.
(b)
Use of coal tar or high-PAH pavement sealants prohibited.
(1)
A person must not use a coal tar or high-PAH pavement sealant in the County.
(2)
Both the property owner and the applicator have violated this Section if a coal tar or high-PAH pavement sealant is applied in the County.
(c)
Sale. A person must not sell or offer for sale a coal tar or a high-PAH pavement sealant in the County.
(d)
Enforcement. The Director must:
(1)
publish a list of pavement sealants acceptable for use on asphalt and concrete in the County that are not coal tar or high-PAH pavement sealants;
(2)
ensure all pavement sealants on the list in paragraph (1) have been tested using a standard testing protocol for determining the PAH content of a pavement sealant approved by the Director; and
(3)
generally enforce this Section.