D.C. Mun. Regs. r. 21-3099

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

Rule 21-3099 - DEFINITIONS

3099.1

When used in this chapter, the following terms shall have the meanings ascribed:

Banned materials -

(a) Coal tar;

(b) Coal tar pitch, coal tar pitch volatiles, RT-12, refined tar, or a variation of those substances assigned the chemical abstracts service ("CAS") number 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2; and

(c) A surface-applied product containing steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a variation of those substances assigned the CAS number 64742-90-1 or 69013-21-4.

DOEE - the District of Columbia Department of Energy and Environment.

Encapsulation - method of permitted remediation for using a banned sealant product where the violator applies a brightly colored "indicator layer" of sealant product over a banned layer of sealant product, followed by a compliant layer of sealant product.

High-PAH sealant product - a sealant product that contains:

(a) Coal tar;

(b) Coal tar pitch, coal tar pitch volatiles, RT-12, refined tar, or a variation of those substances assigned the chemical abstracts service ("CAS") number 65996-92-1, 65996-93-2, 65996-89-6, or 8007-45-2;

(c) A surface-applied product containing steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis fuel oil, heavy fuel oil, ethylene tar, ethylene cracker residue, or a variation of those substances assigned the CAS number 64742-90-1 or 69013-21-4; or

(d) Substances containing more than 0.1% (1000 ppm) polycyclic aromatic hydrocarbons, by weight.

Low-PAH pavement sealant- a pavement sealant product that does not exceed one tenth of one percent (0.1%) or one thousand parts per million (1000 ppm) PAHs by weight and does not contain banned materials.

Person - an individual, corporation, company, association, firm, partnership, society, joint stock company, or any other commercial entity, including any sealant manufacturer, owner or operator of a store where sealant products are sold, contractor, subcontractor, applicator, home owner, property owner, property manager, or employee of a property owner or manager.

Polycyclic aromatic hydrocarbons (PAHs) - a class of chemicals formed from the heating or burning of carbon materials, including coal, crude oil, and gasoline.

Pavement sealant - a coating labeled and formulated for application to worn asphalt driveway and parking lot surfaces to seal the surface to provide protection, also referred to as pavement product, sealant product, pavement sealant, or sealcoat, not including products used to fill cracks in the asphalt or to restore or preserve the appearance of asphalt surfaces.

Sealant product - a coating labeled and formulated for application to surfaces to seal the surface that is used on, or is intended for use on, an impermeable surface, including bricks, block, metal, roofing material, asphalt, or concrete.

Shot blasting - the use of a shot blast machine, equipped with high-efficiency particulate air (HEPA) filter, to strip sealant from an asphalt surface.

D.C. Mun. Regs. r. 21-3099

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