Ban on Coal‑tar and High‑PAH Sealants

Summary#

The federal Department of the Environment and Department of Health have published proposed rules called the Certain Products Containing Toxic Substances Regulations. If adopted, the rules would mostly stop the making and importing of coal-tar sealants and of sealants that contain more than 1,000 ppm of polycyclic aromatic hydrocarbons (PAHs), with key dates set for January 1, 2025, June 30, 2025, and a limited industrial sell-through until January 1, 2028. This is a proposal, not yet law.

What it does#

• Bans the manufacture and import of most coal tar–based sealant products and of sealants (pavement and roofing) with total PAHs above 1,000 ppm after January 1, 2025.
• Prohibits selling or offering for sale those products after June 30, 2025, with limited exceptions for items made for export or already permitted.
• Allows a temporary exception to sell certain coal-tar industrial sealants (for metal, structural steel, concrete, pipelines or buried services) until January 1, 2028 to clear inventory and finish projects.
• Keeps a permit system for rare, time-limited cases where no feasible alternative exists. Permits would be limited to short terms and could be renewed once.
• Repeals and folds the existing 2-Butoxyethanol Regulations into this new, broader regulation (no substantive change to their content).
• Sets record-keeping, testing and laboratory accreditation requirements for regulated products.

Who's affected#

• Manufacturers and importers of pavement and roofing sealants, and of some industrial sealants (metal, structural steel, concrete, pipelines).
• Retailers, contractors and distributors who sell or apply these sealants.
• Homeowners, municipalities and contractors who buy or use pavement and roofing sealants (they may need to switch products).
• The environment and people exposed to runoff and dust from sealants (aquatic life and public health are central concerns).
• The rules are expected to have little impact on small businesses, according to the government’s analysis, because substitutes are available and a transition period is provided.

Why it matters#

• Coal tars and PAHs are linked to health risks, including cancer and other toxic effects, and can harm wildlife when they enter soil and water. The government’s risk assessments concluded these substances pose a real risk.
• The proposed limits aim to stop substitutes from simply replacing coal tar with other products that still have high PAH levels (hence the 1,000 ppm cutoff).
• The departments estimate the transition would have compliance costs, with a present-value estimate of about $6.2 million (over 2024–2033) and an annualized value of about $883,378, and government enforcement costs of about $292,911 for the analysis period.
• The move would align Canada with actions already taken in parts of the United States and the European Union; for example, more than 30 U.S. cities and counties already limit or ban coal-tar sealants or high-PAH sealants.
• This is a proposal. Interested parties were consulted and can still comment during the official consultation period before any final rule is made.