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
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.
This Act may be cited as the
Coal Tar Sealants Reduction Act of
Congress finds that—
polycyclic aromatic hydrocarbons are a group of organic compounds, some of which are—
probable human carcinogens, having been identified as such by the Environmental Protection Agency;
toxic to aquatic life; and
present in exceptionally high concentrations (relative to other possible sources of environmental contamination) in pavement sealants, also known as sealcoats, made from coal tar;
coal tar sealants are widely used on playgrounds, parking lot surfaces, airport runways, and driveways;
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;
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;
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;
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
in 2011, Washington State became the first State to enact such a ban.
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:
Coal tar sealants
No person may—
manufacture any coal tar sealant after the date that is one year after the date of enactment of this subsection;
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
use any coal tar sealant after the date that is two and one-half years after such date of enactment.
Authority of Administrator
The Administrator may promulgate rules to prescribe methods for the transportation, storage, and disposal of coal tar sealants.
Any rule under subparagraph (A) shall be promulgated in accordance with paragraphs (2), (3), and (4) of subsection (c).
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.
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.