Text to be removed highlighted in red.
1 New Chapter; Coal Tar. Amend RSA by inserting after chapter 125-S the following new chapter:
CHAPTER 125-T
COAL TAR
125-T:1 Definitions. In this chapter:
I. "Coal tar" means a viscous substance obtained by the destructive distillation of coal and containing levels of polycyclic aromatic hydrocarbons in excess of 10,000 milligrams per kilogram. "Coal tar" includes, but is not limited to, refined coal tar, high temperature coal tar and coal tar pitch.
II. "Coal tar sealant product" means a surface applied sealant product that contains coal tar or coal tar pitch volatiles.
III. "Polycyclic aromatic hydrocarbons" means a group of compounds that are byproducts of incomplete combustion, that include several carcinogens and that are designated as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 United States Code, Section 9602(a).
125-T:2 Prohibition. Beginning January 1, 2027, a person may not:
I. Sell at wholesale or retail a coal tar sealant product that is labeled as containing coal tar and that is designed to be applied on a driveway or parking area.
II. Apply on a driveway or parking area a coal tar sealant product that is labeled as containing coal tar and that is designed to be applied on a driveway or parking area.
125-T:3 Exemptions. A person may request an exemption from the prohibitions in RSA 125-T:2 by submitting a written request to the commissioner of the department of environmental services. The request shall include the reason an exemption is needed. The commissioner may exempt a person from the prohibitions in RSA 125-T:2 if the commissioner determines that the person is researching the effects of a coal tar sealant product on the environment or the person is developing an alternative technology and the use of a coal tar sealant product is required for research or development.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Chapter; Coal Tar. Amend RSA by inserting after chapter 125-S the following new chapter:
CHAPTER 125-T
COAL TAR
125-T:1 Definitions. In this chapter:
I. "Coal tar" means a viscous substance obtained by the destructive distillation of coal and containing levels of polycyclic aromatic hydrocarbons in excess of 10,000 milligrams per kilogram. "Coal tar" includes, but is not limited to, refined coal tar, high temperature coal tar and coal tar pitch.
II. "Coal tar sealant product" means a surface applied sealant product that contains coal tar or coal tar pitch volatiles.
III. "Polycyclic aromatic hydrocarbons" means a group of compounds that are byproducts of incomplete combustion, that include several carcinogens and that are designated as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 United States Code, Section 9602(a).
125-T:2 Prohibition. Beginning January 1, 2027, a person may not:
I. Sell at wholesale or retail a coal tar sealant product that is labeled as containing coal tar and that is designed to be applied on a driveway or parking area.
II. Apply on a driveway or parking area a coal tar sealant product that is labeled as containing coal tar and that is designed to be applied on a driveway or parking area.
125-T:3 Exemptions. A person may request an exemption from the prohibitions in RSA 125-T:2 by submitting a written request to the commissioner of the department of environmental services. The request shall include the reason an exemption is needed. The commissioner may exempt a person from the prohibitions in RSA 125-T:2 if the commissioner determines that the person is researching the effects of a coal tar sealant product on the environment or the person is developing an alternative technology and the use of a coal tar sealant product is required for research or development.
2 Effective Date. This act shall take effect January 1, 2027.