Alan Reinstein Ban Asbestos Now Act of 2019

II 116TH CONGRESS 1ST SESSION S. 717 To amend the Toxic Substances Control Act to prohibit the manufacture, processing, and distribution in commerce of asbestos and asbestos-con- taining mixtures and articles, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 7, 2019 Mr. MERKLEY (for himself, Mr. BLUMENTHAL, Mr. WHITEHOUSE, Mr. TESTER, Mr. BOOKER, Ms. HARRIS, Mr. SANDERS, Mr. DURBIN, Mrs. FEINSTEIN, Mr. MARKEY, Ms. KLOBUCHAR, and Mr. CARDIN) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Toxic Substances Control Act to prohibit the manufacture, processing, and distribution in com- merce of asbestos and asbestos-containing mixtures and articles, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Alan Reinstein Ban 4 Asbestos Now Act of 2019’’. 5 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 2 •S 717 IS SEC. 2. ASBESTOS BAN AND REPORTING. 1 Section 6 of the Toxic Substances Control Act (15 2 U.S.C. 2605) is amended— 3 (1) by redesignating subsection (j) as sub- 4 section (k); and 5 (2) by inserting after subsection (i) the fol- 6 lowing: 7 ‘‘(j) ASBESTOS.— 8 ‘‘(1) DEFINITIONS.—In this subsection: 9 ‘‘(A) ASBESTOS.—The term ‘asbestos’ 10 means— 11 ‘‘(i) the asbestiform varieties of 12 chrysotile, actinolite, amosite, 13 anthophyllite, crocidolite, richterite, 14 winchite, and tremolite; and 15 ‘‘(ii) the nonasbestiform varieties of 16 richterite and winchite. 17 ‘‘(B) DISTRIBUTE IN COMMERCE.— 18 ‘‘(i) IN GENERAL.—Except as pro- 19 vided in clause (ii), the terms ‘distribute in 20 commerce’ and ‘distribution in commerce’ 21 have the meanings given the terms in sec- 22 tion 3. 23 ‘‘(ii) EXCLUSIONS.—The terms ‘dis- 24 tribute in commerce’ and ‘distribution in 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 3 •S 717 IS commerce’ do not include, with respect to 1 asbestos— 2 ‘‘(I) end-use of a mixture or arti- 3 cle containing asbestos and installed 4 in a building or other structure before 5 the date of enactment of this sub- 6 section; or 7 ‘‘(II) distribution of a mixture or 8 article containing asbestos solely for 9 the purpose of disposal of the mixture 10 or article in compliance with applica- 11 ble Federal, State, and local require- 12 ments. 13 ‘‘(C) MIXTURE OR ARTICLE CONTAINING 14 ASBESTOS.—The term ‘mixture or article con- 15 taining asbestos’ includes a mixture or article in 16 which asbestos is present as an impurity. 17 ‘‘(2) PROHIBITION OF MANUFACTURE, PROC- 18 ESSING, AND DISTRIBUTION IN COMMERCE.—Effec- 19 tive 1 year after the date of enactment of this sub- 20 section, no person may manufacture, process, or dis- 21 tribute in commerce asbestos or any mixture or arti- 22 cle containing asbestos. 23 ‘‘(3) EXEMPTION FOR NATIONAL SECURITY 24 REASONS.— 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 4 •S 717 IS ‘‘(A) IN GENERAL.—Notwithstanding any 1 other provision of this subsection, the President 2 may, on application, grant any person an ex- 3 emption from the prohibition under paragraph 4 (2) once for the manufacture, processing, or 5 distribution in commerce of asbestos or any 6 mixture or article containing asbestos only if 7 the President determines that— 8 ‘‘(i) the manufacture, processing, or 9 distribution in commerce of asbestos or 10 any mixture or article containing asbestos 11 by the person is necessary to protect the 12 national security interests of the United 13 States; and 14 ‘‘(ii) no feasible alternative to the 15 manufacture, processing, or distribution in 16 commerce of asbestos or any mixture or 17 article containing asbestos exists for the 18 intended use. 19 ‘‘(B) DURATION.— 20 ‘‘(i) IN GENERAL.—The period of an 21 exemption granted under subparagraph 22 (A) shall not exceed 3 years. 23 ‘‘(ii) EXTENSION.—The President 24 may, in accordance with subparagraph (A), 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 5 •S 717 IS extend an exemption granted under that 1 subparagraph once, for a period not to ex- 2 ceed 3 years. 3 ‘‘(C) TERMS AND CONDITIONS.—An ex- 4 emption granted under this paragraph (includ- 5 ing any extension granted under subparagraph 6 (B)(ii)) shall include such terms and conditions 7 as are necessary to achieve the maximum prac- 8 ticable reduction in exposure to asbestos. 9 ‘‘(D) PUBLICATION.— 10 ‘‘(i) APPLICATIONS.—Not later than 11 30 days after receipt of an application for 12 an exemption under this paragraph (in- 13 cluding an extension under subparagraph 14 (B)(ii)), the President shall publish the ap- 15 plication in the Federal Register. 16 ‘‘(ii) EXEMPTIONS.—Not later than 17 30 days after granting an exemption under 18 this paragraph (including an extension 19 under subparagraph (B)(ii)), the President 20 shall publish in the Federal Register— 21 ‘‘(I) a notice of the exemption; 22 and 23 ‘‘(II) the terms and conditions 24 included under subparagraph (C). 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 6 •S 717 IS ‘‘(E) APPLICATION OF WAIVER AUTHOR- 1 ITY.—Notwithstanding section 22, the Adminis- 2 trator may not issue a waiver under that sec- 3 tion with respect to asbestos. 4 ‘‘(4) REPORTS.— 5 ‘‘(A) TIMING AND COVERAGE.— 6 ‘‘(i) PREVIOUS ACTION.—Not later 7 than 120 days after the date of enactment 8 of this subsection, any person who has 9 manufactured, processed, or distributed in 10 commerce asbestos or any mixture or arti- 11 cle containing asbestos during the 3-year 12 period preceding that date of enactment 13 shall submit to the Administrator a report 14 described in subparagraph (B). 15 ‘‘(ii) LATER ACTION.—Any person 16 manufacturing, processing, or distributing 17 in commerce asbestos or any mixture or 18 article containing asbestos during the pe- 19 riod that begins on the date of enactment 20 of this subsection and ends on the date on 21 which the prohibition under paragraph (2) 22 takes effect shall submit to the Adminis- 23 trator a report described in subparagraph 24 (B) not later than 60 days after— 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 7 •S 717 IS ‘‘(I) the date of enactment of this 1 subsection, for any person who has 2 manufactured, processed, or distrib- 3 uted in commerce asbestos or any 4 mixture or article containing asbestos 5 before that date of enactment; or 6 ‘‘(II) the date on which the per- 7 son initiates that manufacture, proc- 8 essing, or distribution in commerce, 9 for any person initiating that manu- 10 facture, processing, or distribution in 11 commerce on or after that date of en- 12 actment. 13 ‘‘(iii) REPORTS DURING EXEMPTED 14 PERIOD.—Any person granted an exemp- 15 tion under paragraph (3) shall submit to 16 the Administrator a report described in 17 subparagraph (B) not later than 27 18 months after— 19 ‘‘(I) the date on which the ex- 20 emption is granted; and 21 ‘‘(II) the date on which the ex- 22 emption is extended, if applicable. 23 ‘‘(B) CONTENTS.—Each report submitted 24 under subparagraph (A) shall include— 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 8 •S 717 IS ‘‘(i) the name and address of the per- 1 son submitting the report; 2 ‘‘(ii) the name, title, and contact in- 3 formation of an authorized representative 4 of the person submitting the report; 5 ‘‘(iii) the location of the facility or fa- 6 cilities where the manufacture, processing, 7 or distribution in commerce of asbestos or 8 mixtures or articles containing asbestos 9 has occurred, or will occur, during the re- 10 porting period; 11 ‘‘(iv) a description of the manufac- 12 ture, processing, or distribution activity 13 during the reporting period of the person 14 submitting the report and the intended and 15 known uses of asbestos and each mixture 16 or article containing asbestos by that per- 17 son and all other persons to whom the as- 18 bestos, mixture, or article is sold or other- 19 wise distributed in commerce; 20 ‘‘(v) the quantity of asbestos, and the 21 quantity and concentration of asbestos in 22 any mixture or article containing asbestos, 23 that is manufactured, processed, or distrib- 24 uted in commerce, or expected to be manu- 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 9 •S 717 IS factured, processed, or distributed in com- 1 merce, by the person during the reporting 2 period; 3 ‘‘(vi) reasonable estimates of the 4 quantity of asbestos to be disposed of as a 5 result of the reported manufacture, proc- 6 essing, or distribution activities, and the 7 manner of the disposal; and 8 ‘‘(vii) reasonable estimates of— 9 ‘‘(I) the number of individuals 10 who, as a result of the reported manu- 11 facture, processing, and distribution 12 activities— 13 ‘‘(aa) have been exposed to 14 asbestos or mixtures or articles 15 containing asbestos; and 16 ‘‘(bb) will be so exposed; and 17 ‘‘(II) the nature, duration, fre- 18 quency, and levels of any exposure de- 19 scribed in subclause (I). 20 ‘‘(C) REPORTING PERIOD.—For purposes 21 of subparagraph (B), the reporting period for a 22 report submitted under— 23 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 10 •S 717 IS ‘‘(i) subparagraph (A)(i) shall be the 1 3-year period preceding the date of enact- 2 ment of this subsection; 3 ‘‘(ii) subparagraph (A)(ii) shall be the 4 period that begins on the date of enact- 5 ment of this subsection and ends on the 6 date on which the prohibition under para- 7 graph (2) takes effect; 8 ‘‘(iii) subparagraph (A)(iii)(I) shall be 9 the period that begins on the date on 10 which an exemption is granted under para- 11 graph (3) and ends on the date on which 12 that exemption expires (not including any 13 extension of that exemption); and 14 ‘‘(iv) subparagraph (A)(iii)(II) shall 15 be the period that begins on the date on 16 which an exemption is extended under 17 paragraph (3)(B)(ii) and ends on the date 18 on which that extension expires. 19 ‘‘(D) REPORTING FORMS AND INSTRUC- 20 TIONS.—Not later than 30 days after the date 21 of enactment of this subsection, the Adminis- 22 trator shall publish a notice in the Federal Reg- 23 ister that provides instructions for reporting 24 under this paragraph and a form or forms for 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 11 •S 717 IS use by persons submitting reports under this 1 paragraph. 2 ‘‘(E) AVAILABILITY.—Not later than 90 3 days after the date on which a report is sub- 4 mitted under subparagraph (A), the Adminis- 5 trator shall make that report available to the 6 public. 7 ‘‘(F) SUMMARY AND ANALYSIS.—Not later 8 than 180 days after the date on which a report 9 is submitted under subparagraph (A), the Ad- 10 ministrator shall make available to the public a 11 summary and analysis of the information that 12 report contains.’’. 13 SEC. 3. LEGACY ASBESTOS: REPORT AND RECOMMENDA- 14 TIONS. 15 (a) DEFINITION OF ASBESTOS.—In this section, the 16 term ‘‘asbestos’’ means— 17 (1) the asbestiform varieties of chrysotile, actin- 18 olite, amosite, anthophyllite, crocidolite, richterite, 19 winchite, and tremolite; and 20 (2) the nonasbestiform varieties of richterite 21 and winchite. 22 (b) REPORT.—Not later than 540 days after the date 23 of enactment of this Act, the Administrator of the Envi- 24 ronmental Protection Agency, in consultation with the 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 12 •S 717 IS Secretary of Health and Human Services and the Sec- 1 retary of Labor, shall prepare and submit to Congress a 2 report assessing— 3 (1) the presence of asbestos in residential, com- 4 mercial, industrial, public, and school buildings; and 5 (2) the extent of exposure and risk to human 6 health associated with the asbestos present in those 7 buildings from all commercial, industrial, and con- 8 sumer activities that may result in asbestos expo- 9 sure. 10 (c) CONTENTS.—The report required under sub- 11 section (b) shall— 12 (1) be based on the best available information, 13 and information that can feasibly be obtained 14 through surveys or other means; and 15 (2) provide the following: 16 (A) An estimate of the number of residen- 17 tial, commercial, industrial, public, and school 18 buildings where asbestos is present. 19 (B) An estimate of the quantity of asbes- 20 tos in those buildings and the portion of that 21 asbestos that is friable. 22 (C) A description of the types of building 23 components and systems containing asbestos in 24 those buildings and the categories of mixtures 25 VerDate Sep 11 2014 03:48 Mar 19, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S717.IS S717 kjohnson on DSK79L0C42 with BILLS 13 •S 717 IS and articles containing asbestos that are 1 present, such as thermal insulation, roofing ma- 2 terials, asbestos cement pipe, and asbestos ce- 3 ment sheet. 4 (D) For each category of building, an esti- 5 mate of the number of people potentially ex- 6 posed to asbestos, the conditions and activities 7 with the greatest potential for exposure, and es- 8 timates of the levels of exposure. 9 (E) A description of the role of handling, 10 maintenance, and construction practices in cre- 11 ating exposure to asbestos and the impact of 12 building aging on the potential for asbestos ex- 13 posure. 14 (F) An estimate of the quantity of asbestos 15 waste generated from building renovation, re- 16 pair, and demolition for each of the 5 calendar 17 years preceding the date of submission of the 18 report, and the procedures that are used for the 19 handling, transport, and disposal of that waste. 20 (d) RECOMMENDATIONS.— 21 (1) IN GENERAL.—The report submitted under 22 subsection (b) shall cont [Text truncated for display. Full text available on Congress.gov.]