[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4166 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4166

To amend the Toxic Substances Control Act to prohibit the manufacture, 
processing, distribution in commerce, and use of coal tar sealants, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2012

 Mr. Doggett (for himself, Mr. Ellison, Mr. Keating, Mr. Quigley, and 
Mr. McDermott) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Toxic Substances Control Act to prohibit the manufacture, 
processing, distribution in commerce, and use of coal tar sealants, and 
                          for other purposes.

    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 ``Coal Tar Sealants Reduction Act of 
2012''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) polycyclic aromatic hydrocarbons are a group of organic 
        compounds, some of which are--
                    (A) probable human carcinogens, having been 
                identified as such by the Environmental Protection 
                Agency;
                    (B) toxic to aquatic life; and
                    (C) present in exceptionally high concentrations 
                (relative to other possible sources of environmental 
                contamination) in pavement sealants, also known as 
                sealcoats, made from coal tar;
            (2) coal tar sealants are widely used on playgrounds, 
        parking lot surfaces, airport runways, and driveways;
            (3) research conducted by the United States Geological 
        Survey indicates that elevated levels of polycyclic aromatic 
        hydrocarbons in waterways, where they are toxic to aquatic life 
        and enter the food chain, are associated with use of these coal 
        tar sealants;
            (4) research conducted by the United States Geological 
        Survey indicates that elevated levels of polycyclic aromatic 
        hydrocarbons on parking lots, where the dust may be tracked 
        into homes and increase health risks, are associated with use 
        of these coal tar sealants;
            (5) alternative, coal tar-free sealants are available in 
        the marketplace, and nationwide retailers Lowe's and Home Depot 
        have voluntarily committed to cease carrying coal tar sealants;
            (6) Austin, TX, was the first municipality to enact a ban 
        on the use of coal tar sealants, which went into effect in 
        2006, and other local governments have successfully instated 
        similar restrictions; and
            (7) in 2011, Washington State became the first State to 
        enact such a ban.

SEC. 3. COAL TAR SEALANTS.

    Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is 
amended by adding at the end the following new subsection:
    ``(g) Coal Tar Sealants.--
            ``(1) Prohibition.--No person may--
                    ``(A) manufacture any coal tar sealant after the 
                date that is one year after the date of enactment of 
                this subsection;
                    ``(B) process or distribute in commerce any coal 
                tar sealant after the date that is one and one-half 
                years after such date of enactment; or
                    ``(C) use any coal tar sealant after the date that 
                is two and one-half years after such date of enactment.
            ``(2) Rules.--
                    ``(A) Authority of administrator.--The 
                Administrator may promulgate rules to prescribe methods 
                for the transportation, storage, and disposal of coal 
                tar sealants.
                    ``(B) Promulgation.--Any rule under subparagraph 
                (A) shall be promulgated in accordance with paragraphs 
                (2), (3), and (4) of subsection (c).
            ``(3) Relationship to other federal laws.--This subsection 
        does not limit the authority of the Administrator, under any 
        other provision of this Act or any other Federal law, to take 
        action respecting any coal tar sealant.
            ``(4) Definition.--In this subsection, the term `coal tar 
        sealant' means any product intended for use on a paved surface 
        that contains any substance identified by the Chemical 
        Abstracts Service number 65996-93-2, including ingredients 
        listed as `coal tar', `refined coal tar', `refined tar', or 
        `refined coal tar pitch'.''.
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