I 112th CONGRESS 2d Session H. R. 4166 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.

1.

Short title

This Act may be cited as the Coal Tar Sealants Reduction Act of 2012.

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.

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. .