H.R. 2567, THE ANTIFREEZE BITTERING ACT OF 2005 HEARING BEFORE THE SUBCOMMITTEE ON ENVIRONMENT AND HAZARDOUS MATERIALS OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED NINTH CONGRESS SECOND SESSION MAY 23, 2006 Serial No. 109-89 Printed for the use of the Committee on Energy and Commerce Available via the World Wide Web: http://www.access.gpo.gov/congress/house U.S. GOVERNMENT PRINTING OFFICE 28-658PDF WASHINGTON : 2006 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001 COMMITTEE ON ENERGY AND COMMERCE JOE BARTON, Texas, Chairman RALPH M. HALL, Texas JOHN D. DINGELL, Michigan MICHAEL BILIRAKIS, Florida Ranking Member Vice Chairman HENRY A. WAXMAN, California FRED UPTON, Michigan EDWARD J. MARKEY, Massachusetts CLIFF STEARNS, Florida RICK BOUCHER, Virginia PAUL E. GILLMOR, Ohio EDOLPHUS TOWNS, New York NATHAN DEAL, Georgia FRANK PALLONE, JR., New Jersey ED WHITFIELD, Kentucky SHERROD BROWN, Ohio CHARLIE NORWOOD, Georgia BART GORDON, Tennessee BARBARA CUBIN, Wyoming BOBBY L. RUSH, Illinois JOHN SHIMKUS, Illinois ANNA G. ESHOO, California HEATHER WILSON, New Mexico BART STUPAK, Michigan JOHN B. SHADEGG, Arizona ELIOT L. ENGEL, New York CHARLES W. “CHIP” PICKERING, Mississippi ALBERT R. WYNN, Maryland Vice Chairman GENE GREEN, Texas VITO FOSSELLA, New York TED STRICKLAND, Ohio ROY BLUNT, Missouri DIANA DEGETTE, Colorado STEVE BUYER, Indiana LOIS CAPPS, California GEORGE RADANOVICH, California MIKE DOYLE, Pennsylvania CHARLES F. BASS, New Hampshire TOM ALLEN, Maine JOSEPH R. PITTS, Pennsylvania JIM DAVIS, Florida MARY BONO, California JAN SCHAKOWSKY, Illinois GREG WALDEN, Oregon HILDA L. SOLIS, California LEE TERRY, Nebraska CHARLES A. GONZALEZ, Texas MIKE FERGUSON, New Jersey JAY INSLEE, Washington MIKE ROGERS, Michigan TAMMY BALDWIN, Wisconsin C.L. “BUTCH” OTTER, Idaho MIKE ROSS, Arkansas SUE MYRICK, North Carolina JOHN SULLIVAN, Oklahoma TIM MURPHY, Pennsylvania MICHAEL C. BURGESS, Texas MARSHA BLACKBURN, Tennessee BUD ALBRIGHT, Staff Director DAVID CAVICKE, General Counsel REID P. F. STUNTZ, Minority Staff Director and Chief Counsel SUBCOMMITTEE ON ENVIRONMENT AND HAZARDOUS MATERIALS PAUL GILLMOR, Ohio, Chairman RALPH M. HALL, Texas HILDA L. SOLIS, California NATHAN DEAL, Georgia Ranking Member HEATHER WILSON, New Mexico FRANK PALLONE, JR., New Jersey JOHN B. SHADEGG, Arizona BART STUPAK, Michigan VITO FOSSELLA, New York ALBERT R. WYNN, Maryland CHARLES F. BASS, New Hampshire LOIS CAPPS, California JOSEPH R. PITTS, Pennsylvania MIKE DOYLE, Pennsylvania MARY BONO, California TOM ALLEN, Maine LEE TERRY, Nebraska JAN SCHAKOWSKY, Illinois MIKE ROGERS, Michigan JAY INSLEE, Washington C.L. “BUTCH” OTTER, Idaho GENE GREEN, Texas SUE MYRICK, North Carolina CHARLES A. GONZALEZ, Texas JOHN SULLIVAN, Oklahoma TAMMY BALDWIN, Wisconsin TIM MURPHY, Pennsylvania JOHN D. DINGELL, Michigan JOE BARTON, Texas (EX OFFICIO) (EX OFFICIO) (II) CONTENTS Page Testimony of: Ackerman, Hon. Gary L., Member, U.S. House of Representatives................................. 23 Willis, Jim, Division Director, Chemical Control Division, Office of Pollution Prevention and Toxic Substances, U.S. Environmental Protection Agency................. 27 Bye, Jeffrey, Vice President, Prestone, Honeywell International, Inc., on behalf of Consumer Specialty Products Association .................................................................... 75 Simms, Patrice L., Senior Project Attorney, Natural Resources Defense Council ............ 81 Eyrich, Dr. Melinda, Co-owner, Urgent Care Veterinarian Hospital................................. 84 Bonacquisti, Tom, Director of Water Quality and Production, Fairfax County Water 87 Authority, on behalf of America Water Works Association ......................................... Amundson, Sarah, Deputy and Legislative Director, Doris Day Animal League ............. 92 Additional material submitted for the record: Eyrich, Dr. Melinda, Co-owner, Urgent Care Veterinarian Hospital, response for the record.............................................................................................................................. 115 Amundson, Sarah, Deputy and Legislative Director, Doris Day Animal League, response for the record ................................................................................................... 117 Simms, Patrice L., Senior Project Attorney, Natural Resources Defense Council, response for the record ................................................................................................... 125 Bye, Jeffrey, Vice President, Prestone, Honeywell International, Inc., on behalf of Consumer Specialty Products Association, response for the record ............................. 127 Bonacquisti, Tom, Director of Water Quality and Production, Fairfax County Water Authority, on behalf of America Water Works Association, response for the record .. 140 Willis, Jim, Division Director, Chemical Control Division, Office of Pollution Prevention and Toxic Substances, U.S. Environmental Protection Agency, response for the record .................................................................................................................. 146 (III) H.R. 2567, THE ANTIFREEZE BITTERING ACT OF 2005 TUESDAY, MAY 23, 2006 HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND COMMERCE, SUBCOMMITTEE ON ENVIRONMENT AND HAZARDOUS MATERIALS, Washington, DC. The subcommittee met, pursuant to notice, at 1:30 p.m., in Room 2322 of the Rayburn House Office Building, Hon. Paul Gillmor (chairman) presiding. Members present: Representatives Wilson, Bass, Sullivan, Barton (ex officio), Solis, Stupak, Capps, Doyle, Schakowsky, Inslee, Baldwin, and Gillmor. Staff present: David McCarthy, Chief Counsel for Energy and Environment; Tom Hassenboehler, Counsel; Jerry Couri, Policy Coordinator; Billy Harvard, Legislative Clerk; Dick Frandsen, Minority Senior Counsel; Lorie Schmidt, Minority Counsel; and Alec Gerlach, Minority Research Assistant. MR. GILLMOR. The committee will come to order and before the Chair recognizes himself, I ask unanimous consent that all Members have five legislative days to submit opening statements for the record, and hearing no objection, that is so ordered. The Chair recognizes himself for the purpose of delivering an opening statement. Normally, the hearings we have in this committee deal with issues that directly effect human health and the environment. Today’s subject matter is geared more toward the questions involved in safeguarding animal health and the environment, and whether it is appropriate for the Federal government to create a national standard to help ease the impacts to interstate commerce by doing so. News reports of pets being poisoned by drinking antifreeze have horrified many people and according to the Agency for Toxic Substances and Disease Registry, one of the main constituents of antifreeze, ethylene glycol, can significantly damage the kidneys, heart, and nervous system of humans, potentially resulting in fatalities, if not immediately treated. Concerns that pets or small children could be at such a risk to accidentally drinking spilled antifreeze have spurred three States into enacting legislation that requires a bittering agent be added to antifreeze to discourage both human and pet ingestion. (1) 2 In fact, 10 more States are considering requiring bittering agents. The nexus between interstate distribution of antifreeze products and multiple differing antifreeze recipe requirements in each State gives rise to the question of whether Congress should act. The bill that our subcommittee will consider today requires engine coolant, or antifreeze, that contains more than 10 percent ethylene glycol to include a bittering agent known as denatonium benzoate at a minimum, at a level that would make the coolant or antifreeze unpalatable to pets or small children. In addition, and of interest to our subcommittee, the bill provides environmental liability protection for anyone who was not directly responsible for producing the bittering agent and was not grossly negligent concerning any environmental damage that may have been caused by its release. Some people argue that it is unfair to hold them liable for complying to law by adding a bittering agent that they did not make. And while I am inclined to be sympathetic to the antifreeze makers in this case, I also note that there is nothing in the bill that would deflect any liability for the other constituents of antifreeze that may be released into the environment and may of themselves cause contamination. So I look forward to hearing the testimony from our witnesses today, and I want to thank them for their time and effort in being with us. [The prepared statement of Hon. Paul Gillmor follows:] PREPARED STATEMENT OF THE HON. PAUL GILLMOR, CHAIRMAN, SUBCOMMITTEE ON ENVIRONMENT AND HAZARDOUS MATERIALS The Subcommittee will come to order. Before the Chair recognizes himself, the Chair would like to ask Unanimous Consent that all members have 5 legislative days to submit opening statements for the record. Hearing no objection, it is so ordered. In addition, the Chair would like to remind members that under the Standard Practices of the Committee, opening statements for the Chairman and Ranking Member will be five (5) minutes each and other members of the committee who is seated and recognized will be given three (3) minutes. Any member you wishes