D.C. Mun. Regs. r. 21-3002

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 21-3002 - LIST OF LOW-PAH PAVEMENT SEALANTS

3002.1

DOEE will publish a list of low-PAH pavement sealants on DOEE's website at doee.dc.gov/coaltar. DOEE will provide a printed copy of the list of low-PAH pavement sealants upon request by email to pavementsealant@dc.gov or in person at the DOEE front office, located at 1200 First Street NE, 5^th Floor, Washington DC 20002.

3002.2

Before a pavement sealant is added to the list of low-PAH pavement sealants, a sample of the pavement sealant must be analyzed for PAH concentrations using a testing protocol published at doee.dc.gov/coaltar. Standards and certifications required for laboratories are included in the protocol.

3002.3

DOEE will use reasonable efforts to test widely available pavement sealants to determine their eligibility for listing as low-PAH pavement sealants. Nothing in this section shall create an obligation for DOEE to test any particular or all available sealant products.

3002.4

A sealant manufacturer may request to have a pavement sealant added to the list of low-PAH pavement sealants at any time by submitting a request in writing to DOEE at pavementsealant@dc.gov.

3002.5

A request to have a sealant added to the list of low-PAH pavement sealants shall include evidence satisfactory to DOEE that:

(a) The pavement sealant has been tested according to the testing protocol published by DOEE and PAH concentrations do not exceed one tenth of one percent (0.1%) or one thousand parts per million (1000 ppm) by weight; and

(b) The pavement sealant does not contain banned materials.

3002.6

Before adding a pavement sealant to the list of low-PAH pavement sealants, DOEE may request samples of the sealant product be sent directly from the manufacturer to DOEE for analysis at a laboratory of DOEE's choice.

3002.7

DOEE may decline to add a pavement sealant to the list of low-PAH pavement sealants if:

(a) The request does not meet the requirements of § 3002.5;

(b) The manufacturer does not provide samples upon request in accordance with § 3002.6; or

(c) Testing arranged by DOEE in accordance with § 3002.6 indicates that the pavement sealant is a high-PAH sealant product.

3002.8

DOEE will review the list of low-PAH pavement sealants at least biennially, at which time DOEE may:

(a) Re-test or arrange for the re-testing of any pavement sealant to confirm that the product is a low-PAH pavement sealant;

(b) Request that manufacturers re-test pavement sealant samples and submit PAH concentrations; and

(c) Remove a pavement sealant from the list if re-testing demonstrates that the product is a high-PAH pavement sealant or if DOEE is unable to obtain samples for re-testing.

D.C. Mun. Regs. r. 21-3002

Final Rulemaking published at 69 DCR 2756 (4/1/2022)