A. For the purposes of this section: “High-PAH pavement sealant” means a sealant product intended for application on asphalt pavement surfaces, including driveways and parking lots, containing levels of polycyclic aromatic hydrocarbons in excess of one percent by weight. “Polycyclic aromatic hydrocarbons” or “PAH” means a group of compounds that are byproducts of incomplete combustion, that include several carcinogens, and that are designated as hazardous substances pursuant to § 9602(a) of the federal Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.).
B. No person shall sell or distribute at retail or offer for retail sale or distribution a high-PAH pavement sealant on or after July 1, 2024. This subsection shall not restrict the continued sale of such a product by a retailer of any existing inventory in stock on July 1, 2024.
C. No person shall apply or use a high-PAH pavement sealant on or after July 1, 2025.
D. Any person who violates any provision of this section is subject to a civil penalty of $250, to be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund established in § 10.1-2500.