[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1110 Reported in Senate (RS)]


                                                       Calendar No. 373
109th CONGRESS
  2d Session
                                S. 1110

                          [Report No. 109-220]

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.


_______________________________________________________________________


                   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.

<DELETED>    ``(a) Bittering Agent.--</DELETED>
        <DELETED>    ``(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.</DELETED>
    ``(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.
            ``<DELETED>(2) </DELETED>(4) Failure to comply.--Any engine 
        coolant or antifreeze described in paragraph <DELETED>(1) 
        </DELETED>(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 <DELETED>(a)(1). </DELETED>(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