Michigan Moves to Ban Coal Tar Sealants in Significant Environmental Reform

PAHs under scrutiny in pavement products

The proposed legislation targets both coal tar sealants and other high-PAH alternatives such as steam-cracked petroleum residues and ethylene tar. These substances, commonly used to seal asphalt and concrete surfaces, are known to contain over 0.1% PAHs by weight — a group of chemicals linked to cancer, respiratory issues, and environmental contamination.

Coal tar sealants often include chemical components with CAS numbers like 65996-92-1 and 8007-45-2, which have been flagged by scientists and regulators due to their persistence and toxicity in aquatic ecosystems. Once applied, PAHs can leach into stormwater, polluting nearby water bodies and posing risks to wildlife and human health alike.

New sales and use restrictions for high-PAH sealants

If passed, Senate Bill 710 would make it unlawful to apply or sell these products within Michigan, with a narrow exemption for scientific research or the development of safer alternatives. Property owners will also be held accountable if prohibited sealants are found on their premises, under a rebuttable presumption clause in the bill.

Suppliers may only sell such products outside Michigan and must collect a completed “no-Michigan-use form” from purchasers, confirming the sealants will not be used within the state. These forms must be retained for at least three years and made available to the Department of Environment, Great Lakes, and Energy (EGLE) upon request.

Fines and compliance timelines

Violators of the proposed rules could face civil penalties of up to $5,000 per offence. The bill includes a 90-day grace period from the date of enactment, giving businesses limited time to update supply chains and shift to compliant alternatives.

Professionals across the asphalt, construction, retail, and real estate sectors will need to assess their product lines and maintenance practices to avoid regulatory breaches. Environmental consultants and surface material manufacturers are also likely to see increased demand for low-PAH alternatives as the bill progresses.