Assemblymember Linda B.

Rosenthal 230 West 72nd Street, Suite 2F New York, NY 10023

Re: New York Assembly Bill A630-2013, Prohibition of the Sale and Use of Coal Tar Pavement Products

Dear Assemblymember Rosenthal:

The New York City Chapter of Physicians for Social Responsibility (PSR-NYC) supports the amended adoption of the proposed law A630-2013 that prohibits the use of coal tar pavement products within the entire State of New York. As a medical science-based, environmental advocacy group consisting of doctors, nurses, public health specialists and concerned citizens of NY, we are primarily concerned with the impact that coal tar pavement products have on the health of our community. Coal tar sealants contain a number of known and potential carcinogens, including benzene, naphthalene, and significant concentrations of polycyclic aromatic hydrocarbons (PAHs). According to the National Toxicology Programs 12th Report on Carcinogens (June 2011), Coal tars and coal-tar pitches are known to be human carcinogens based on sufficient evidence of carcinogenicity from studies in humans. [1] In addition to PAHs impact on human health, U.S. Geological Survey (USGS) studies have shown that aquatic invertebrates, the insects and other small animals that live in streams and lakes, are particularly susceptible to PAH contamination, especially the bottom dwellers (benthic invertebrates) that live in the mud where PAHs tend to accumulate. [2] Coal tar sealants have been found to be the largest source of PAHs in 40 urban lakes scattered across the U.S. in a 2010 study performed by the USGS. [3] Furthermore, the USGS was able to pinpoint the source of the PAH contamination specifically to the use of coal tar sealants by utilizing chemical fingerprinting. [4]

Unfortunately, coal tar sealants are widely used throughout the jurisdiction of the State of New York. And, as all of these products contain high concentrations of PAHs, there is sufficient reason to be concerned about the contamination of a variety of water systems. However, a recent study by Baylor University indicates that water and sediment contamination is not the only significant health risk associated with the use of coal tar sealants. According to the study, house dust in residences adjacent to coal-tar-sealed pavement might represent a primary and biologically relevant exposure to B2 PAHs, especially in young children. This is of particular interest because of the widespread use of coal-tar-based sealant on parking lots and residential driveways in the U.S." [5] There is significant evidence provided by peer-reviewed studies from independent sources, universities, and governmental agencies to illustrate that the use of coal tar sealants is detrimental to the environment and to human health. Furthermore, less toxic alternatives exist and are in widespread use outside of New York which make the use of coal tar sealants unnecessary. Therefore, we urge the State of New York to protect the publics health by prohibiting the use of these products throughout your jurisdiction. Sincerely, Andrew S. Kanter, MD MPH FACMI and Shannon Gearhart, MD for the New York City Chapter of the Physicians for Social Responsibility

References: 1. National Toxicology Program. 12th Report on Carcinogens (RoC). Jun. 10, 2011 http://ntp.niehs.nih.gov/ntp/roc/twelfth/profiles/CoalTars.pdf#search=coal%20tar 2. United States Geological Survey, PAHs and Coal-Tar-Based Pavement Sealcoat. Last modified Nov. 5, 2012. http://tx.usgs.gov/coring/allthingssealcoat.html 3. United States Geological Survey. Science of the Total Environment 409 (2010) 334344. Contribution of PAHs from coaltar pavement sealcoat and other sources to 40 U.S.Lakes.

http://tx.usgs.gov/coring/pubs/Van%20Metre%20PAH%20sources%20STOTEN2010.pdf 4. United States Geological Survey. Coal-Tar-Based Pavement Sealcoat, Polycyclic Aromatic Hydrocarbons (PAHs), and Environmental Health. Feb. 2011. http://pubs.usgs.gov/fs/2011/3010/pdf/fs2011-3010.pdf 5. Journal of Environmental Pollution. Volume 164, May 2012, Pages 4041. Coal-tar pavement sealants might substantially increase children's PAH exposures. http://www.sciencedirect.com/science/article/pii/S0269749112000279