S 1110

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IN THE SENATE OF THE UNITED STATES

May 24, 2005

Mr. Allen (for himself, Mr. Pryor, Mr. Santorum, Mr. Stevens, Ms. Murkowski, Mr. Warner, Mr. Martinez, Mr. Ensign, Mr. Domenici, Ms. Collins, Mr. Inouye, and Mr. Baucus) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

March 14, 2006

Reported by Mr. Stevens, with amendments [Omit the part struck through and insert the part printed in italic]

A BILL

To amend the Federal Hazardous Substances Act to require engine coolant and antifreeze to contain a bittering agent in order to render the coolant or antifreeze unpalatable.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Engine Coolant and Antifreeze Bittering Agent Act of 2005”.

SEC. 2. ADDITION OF BITTERING AGENT IN ANTIFREEZE.

The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is amended by adding at the end the following:

“SEC. 25. ADDITION OF BITTERING AGENT IN ANTIFREEZE.

“(a) Bittering Agent.— “(1) In general.—Any engine coolant or antifreeze that is manufactured on or after the date that is 180 days after the date of enactment of this section, and that contains more than 10 percent ethylene glycol, shall include not less than 30 parts per million, and not more than 50 parts per million, denatonium benzoate as a bittering agent in order to render the coolant or antifreeze unpalatable.

“(a) Bittering Agent.—

“(1) Environmental evaluation required.—

“(A) In general.—Within 30 days after the date of enactment of the Engine Coolant and Antifreeze Bittering Agent Act of 2005, the Consumer Product Safety Commission shall commence an evaluation, in consultation with the Environmental Protection Agency and appropriate State health and environmental officials in Oregon and California, to determine whether there is evidence that the use of the bittering agent denatonium benzoate in engine coolant or antifreeze has an unreasonable adverse effect on the environment.

“(B) Certain tests may not be used.—The evaluation may not include any new animal or human testing.

“(C) Deadline.—The Commission shall complete the evaluation within 90 days after the date of enactment of that Act and publish its findings in the Federal Register.

“(2) Use of bittering agent.—

“(A) In general.—Unless the Commission, in its evaluation under paragraph (1), finds there is evidence of an unreasonable adverse effect on the environment, any engine coolant or antifreeze that is manufactured on or after the date that is 180 days after the date of publication of the Commission’s finding in the Federal Register, and that contains more than 10 percent ethylene glycol, shall include not less than 30 parts per million, and not more than 50 parts per million, denatonium benzoate as a bittering agent in order to render the coolant or antifreeze unpalatable.

“(B) Alternative agent.—If the inclusion of denatonium benzoate in engine coolant or antifreeze is required under subparagraph (A) and the Commission finds that—

“(i) an alternative bittering additive is as effective as denatonium benzoate in rendering coolant or antifreeze unpalatable in terms of both its bittering capacity and its compatibility with motor vehicle engine coolant and antifreeze, and

“(ii) there is no evidence that the use of the alternative bittering additive has an unreasonable adverse effect on the environment, then the Commission may initiate a rulemaking to permit the use of the alternative bittering additive in lieu of denatonium benzoate.

“(3) Unreasonable adverse effect defined.—In this subsection, the term ‘unreasonable adverse effect on the environment’ means an unreasonable risk to human health or the environment, taking into account the economic, social, and environmental costs and benefits. “(2) (4) Failure to comply.—Any engine coolant or antifreeze described in paragraph (1) (2) that is not in compliance with that paragraph shall be—

“(A) considered to be a banned hazardous substance; and

“(B) subject to section 5.

“(b) Recordkeeping.—

“(1) In general.—A manufacturer of an engine coolant or antifreeze described in subsection (a)(1) shall maintain a record of the trade name, scientific name, and any active ingredient of a bittering agent used under this section.

“(2) Availability to public.—Any record maintained under paragraph (1) shall be made available to the public on receipt by the manufacturer of a request from any person.

“(c) Limitation of Liability.—

“(1) In general.—Subject to paragraph (2), a manufacturer, processor, distributor, recycler, or seller of an engine coolant or antifreeze described in subsection (a)(1) shall not be liable to a person for any personal injury, death, property damage, damage to the environment (including natural resources), or economic loss that results from the inclusion in the engine coolant or antifreeze of denatonium benzoate in accordance with subsection (a)(1). (a).

“(2) Exception.—Paragraph (1) shall not apply in any case in which a cause of liability referred to in that paragraph is unrelated to the inclusion in an engine coolant or antifreeze of denatonium benzoate. Nothing in this subsection shall be construed to exempt any manufacturer or distributor of denatonium benzoate, or an alternative bittering additive the use of which is permitted under subsection (a)(2), from any liability related to denatonium benzoate or the alternative bittering additive.

“(d) Preemption.—No State or political subdivision of a State shall establish or continue to enforce, with respect to retail containers containing less than 55 gallons of engine coolant or antifreeze, any prohibition, limitation, standard, or other requirement relating to the inclusion of a bittering agent in engine coolant or antifreeze that is different from, or in addition to, the requirements of this section.

“(e) Exemption.—This section does not apply to—

“(1) the sale of a motor vehicle that contains engine coolant or antifreeze; or

“(2) a wholesale container of engine coolant or antifreeze that contains 55 gallons or more of engine coolant or antifreeze.”. Calendar No. 373

109th CONGRESS

2d Session

S. 1110

[Report No. 109-220]

A BILL

To amend the Federal Hazardous Substances Act to require engine coolant and antifreeze to contain a bittering agent in order to render the coolant or antifreeze unpalatable.

March 14, 2006

Reported with amendments