VBT coal tar workshop draws those who want the township ban lifted

“Simply put, the basis supporting the township’s decision to ban RTS is deeply flawed junk science – of which the township was likely unaware when it enacted its ordinance.”
(RTS is short for refined coal tar-based sealcoat, recently banned in Van Buren Township if it contains more than 1% PAHs.)
That statement was the summary of Dr. Anne LeHuray’s written comments she distributed at the March 31 workshop on the coal tar ban in VBT. Dr. LeHuray is the executive director of the Pavement Coatings Technology Council based in Alexandria, VA.
With her was Jeff Lax of Charlotte, NC, president of GemSeal Pavement Products, and Lee Lowis, GemSeal general manager.
They all spoke against the coal tar sealant ban and plan to be back for the 7 p.m., April 20, meeting of the VBT Environmental Commission, where they will present information to the commission, lobbying for the ban to be lifted.
Dr. LeHuray said she asked for information on the recently enacted ordinance and VBT promptly made its files available. She said the information gathered by the township’s Environmental Commission relied on the U.S. Geological Survey scientists that she said have been thoroughly discredited.
She explained how a member of the Minnesota legislature added a sentence to a conference committee bill, thus instituting a statewide ban in Minnesota without holding hearings or conducting other forms of due diligence.
Dr. LeHuray said, “To support their position, the Minnesota Pollution Control Agency suppressed a report critical of USGS science. Ironically, in a paper published in 2014, an MPCA staffer involved in the irregularities in Minnesota admitted that the basis for Minnesota’s ban was not scientifically supportable.”
Dr. LeHuray included a list of 23 links of information at the end of her comments.
The hour-long meeting on March 31 was set up so the township could explain the coal tar ban and how the township was seeking education of the contractors and the public the first year.
“We won’t be testing trucks or scraping surfaces,” said Matthew Best, VBT deputy director of planning and economic development who is charged with environmental matters in the township.
But, in the second year, if it is found coal tar sealants are being used, the township could move into enforcement.
Best presided over the meeting and said the township is working to educate everyone on the ban to make sure everyone is on the same page.
“There are lots of things we know and lots of things we don’t know,” said Best referring to coal tar science.
He introduced Rebecca Esselman, Watershed Planner for the Huron River Watershed Council, who said the nonprofit works with communities on the Huron River. She said 18 months ago she got a call asking for help on studying the environmental implications of coal tar sealants with PAHs (polycyclic aromatic hydrocarbons).
Esselman said she is a mother with children and an asphalt driveway. She said she joined in the study and discovered the dangers.
“We support the communities in the watershed who are banning coal tar and PAHs,” Esselman said. “We believe it is the right thing to do.”
She said water detention ponds in the Ann Arbor area are contaminated with PAHs and they are the ponds that drain residential and commercial areas, not industrial.
She said the states of Washington and Minnesota have statewide bans.
She said companies can submit a pledge form to the Huron River Watershed Council, pledging not to apply coal tar, and the HRWC will list the company on its website for consumers looking for safer pavement. She said this procedure was started by the Minnesota Pollution Control Agency.
Dr. David Wilson, a retired university professor and member of the VBT Environmental Commission, said, “I’m delighted to see the ban here.”
He said it was no hardship for the driveway sealing contractors because they could use the more environmentally friendly compounds.
Best said the Environmental Commission prepared an ordinance and sent it on to the township board. He said the board wants to guarantee the health and welfare of the residents and so thought it was important to enact the ban.
He said Menard and Walmart will have the largest parking areas in the township. He checked and found that Menard and Walmart do not use 1% or higher PAH sealant banned in the township and countrywide do use the less than 1% PAH allowed.
Best said he sent out 27 letters to local sealcoat owner/operators and just one showed up at the meeting.
Frank Broughton, president of Mr. Sealcoat Inc., said he does Southeastern Michigan, but doesn’t do drives in VBT. He said he came to speak on behalf of all the other owner/operators who weren’t there. He said everybody seemed to be looking at him when they were speaking because he was the only owner/operator who showed up.
He asked if any municipality ever reversed its decision against coal tar and Esselman said communities have chosen not to enact bans.
“Not to be racist, but Romanians run Van Buren Township and Sumpter with sealcoating and they’re going to be the ones you’ll be dealing with,” Broughton said, adding, “I crack-filled your school.”
“I just don’t get it,” Broughton said. “Research has shown some have reversed their decisions.”
He said people panic and they think there is no more driveway sealing going on. He said people read it in the local press and think there is no more sealing in VBT.
“You can’t ever do my driveway again?” they’ll ask, he predicted.
The coal tar lasts a year and the more expensive alternatives could last just six months, he said.
He said he will follow the ban on coal tar in VBT, but he wants to make sure that while he is out selling other products and changing his model that he won’t get a letter in the mail saying VBT is reversing itself.
Broughton said they have to make sure they get both sides of the story and, “Make sure it’s 110%.”
Lee Lowis, general manager of GemSeal, said, “We’re the largest supplier in Michigan. I’m dumbfounded you never contacted us.”
Esselman said the HRWC invites folks to contact them to be put on their list for using asphalt emulsions and the like.
“We are the leaders in Michigan,” said Jeff Lax, GemSeal president, adding that Dr. LeHuray is there to talk to them.
Dr. LeHuray said, “The township could say, ‘It’s our prerogative to ban it and we banned it’, if you want.”
She said they would like to talk to the township about the scientific facts and she feels the township doesn’t have them. She said she used to work for the USGS and now her group has a Freedom of Information Act request in place against USGS.
Best said the township has invited her to the Environmental Commission meeting and at this March 31 meeting, “We are trying to move forward with the ordinance as painlessly as possible.”
Dr. LeHuray said she has her PhD as a geochemist.
Marty Wilson told her that Dr. Wilson has a PhD, as well.
“At least stick to the facts,” Lowis said. “I’ve been in this business for 40 years. We make all of these coatings … and now we find you have a phone conversation with one of our competitors and that is sad.”
Dr. LeHuray said the ban started in Austin, TX and contractors estimated the sealcoating business decreased 40% since the ban was put in place.
“Sealcoat doesn’t do the job it’s supposed to do … the alternatives don’t do the same thing,” Dr. LeHuray said.
“I’m very disappointed in what I heard tonight,” said resident John Delaney.
“I’m furious the township is backing a flawed statement,” he said, noting Burger King could drop Broughton for its whole chain if he can’t do the Rawsonville Road and Belleville Road sites because they are in VBT.
“I don’t want to have the township sued,” Delaney said. He said he has put in a 20’ by 200’ driveway.
He said “the travelers” have given seal coaters a bad name for many years.
He said the statement that the township is helping other communities to enact bans makes him angry.
“It is incorrect information that we are putting out flawed information,” said Esselman. “This township decided they were not really in favor of coal tar in the township.”
Broughton said Esselman invited the leaders of companies to privately sit downs with the HRWC.
“I’m not asking you to repeal the ordinance,” said Broughton as he prepared to leave the meeting. Then, he suddenly veered into the audience, gave his business card to Delaney and offered to do Delaney’s drive for free because he spoke up against the ban.
“This meeting tonight is to talk to the sealant owner/operators,” Best said.
Dr. LeHuray held up some medical products containing PAH and asked if they would look at other PAH sources and Best said, “No.”
Dr. LeHuray said she was invited to the Environmental Commission and she also asked to talk to the HRWC. She asked Esselman if that is being considered.
Esselman said, “No.”