Engine Coolant and Antifreeze Bittering Agent Act of 2005

Bill: 109-s-1110
Sponsor: Sen. Allen, George [R-VA]
Introduced: 2005-05-24 in the Senate
Policy area: Environmental Protection
Subjects: Automobile engines
Business records
Commerce
Consumer education
Environmental health
Federal preemption
Government Operations and Politics
Government paperwork
Health
Local laws
Packaging
Poisons
Products liability
State laws
Transportation and Public Works

Summary:
action_date: 2005-05-24
text: 
Engine Coolant and Antifreeze Bittering Agent Act of 2005 - Requires engine coolant or antifreeze that is manufactured six months after the enactment of this Act, and that contains more than 10 percent ethylene glycol, to include not less than 30 parts per million nor more than 50 parts per million of denatonium benzoate as a bittering agent so as to render the coolant or antifreeze unpalatable.
 
Requires a coolant or antifreeze manufacturer to maintain records of compliance with this Act.
 
Limits the liability of manufacturers, processors, distributors, recyclers, or sellers of engine coolant or antifreeze who are in compliance with the requirements of this Act for personal and property loss or damage to the environment that results from the inclusion of denatonium benzoate in any coolant or antifreeze.
 
 Declares this Act inapplicable to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or (2) wholesale containers of 55 gallons or more of engine coolant or antifreeze.

action_date: 2006-03-14
text: 
Engine Coolant and Antifreeze Bittering Agent Act of 2005 - Amends the Federal Hazardous Substances Act to require the Consumer Product Safety Commission (CPSC) to: (1) commence an evaluation 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; and (2) publish its findings in the Federal Register.
 
Requires engine coolant or antifreeze that is manufactured 180 days or more after publication of the Commission's findings and that contains more than 10% ethylene glycol to include a specified concentration of denatonium benzoate to render the coolant or antifreeze unpalatable unless the Commission finds evidence that denatonium benzoate has an unreasonable adverse effect on the environment. Allows the Commission to permit use of an alternative bittering additive in lieu of denatonium benzoate if the Commission finds that it is as effective as denatonium benzoate and there is no evidence of an unreasonable adverse environmental effect.
 
Defines the term &quot;unreasonable adverse effect on the environment&quot; to mean an unreasonable risk to human health or the environment, taking into account the economic, social, and environmental costs and benefits.
 
Deems any engine coolant or antifreeze that is not in compliance with this Act to be a banned hazardous substance.
 
Requires a coolant or antifreeze manufacturer to maintain records of active ingredients of bittering agents. 
 
Limits the liability of manufacturers, processors, distributors, recyclers, or sellers of engine coolant or antifreeze related to the inclusion of denatonium benzoate in compliance with this Act. Declares that the Act does not exempt manufactures or distributors of denatonium benzoate or an alternative bittering additive from liability related to such additive. 
 
Preempts state or local laws that impose different requirements relating to the inclusion of a bittering agent in engine coolant or antifreeze. Declares this Act inapplicable to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or (2) wholesale containers of 55 gallons or more of engine coolant or antifreeze.


Legislative actions:
action_date: 2006-03-14
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 373.
action_date: 2006-03-14
text: Committee on Commerce, Science, and Transportation. Reported by Senator Stevens with amendments. With written report No. 109-220. Minority views filed.
action_date: 2006-03-14
text: Committee on Commerce, Science, and Transportation. Reported by Senator Stevens with amendments. With written report No. 109-220. Minority views filed.
action_date: 2005-11-17
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably.
action_date: 2005-07-18
text: Committee on Commerce, Science, and Transportation Subcommittee on Consumer Affairs, Product Safety, and Insurance. Hearings held. With printed Hearing: S.Hrg. 109-377.
action_date: 2005-05-24
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.
action_date: 2005-05-24
text: Introduced in Senate