What This Bill Does
This bill bans the manufacture, processing, use and distribution of commercial asbestos and products containing it in the United States. It amends the Toxic Substances Control Act to add these prohibitions. The bill also requires government agencies to create public education materials about asbestos health risks.
Who It Affects
Companies that manufacture, process or distribute asbestos or asbestos-containing products; chlor-alkali facilities (industrial chemical plants); the Environmental Protection Agency; the Department of Health and Human Services; the President; Congress members on the Energy and Commerce Committee and Environment and Public Works Committee.
Key Provisions
• No person may manufacture, process, use or distribute commercial asbestos or mixtures and articles containing asbestos starting 1 year after the law passes (Sec. 2(3))
• Chlor-alkali facilities operating on the date the law passes can import and use asbestos fibers to make diaphragms for up to 2 years after the law passes (Sec. 2(4))
• The President can grant one exemption to the asbestos ban if needed to protect national security and no alternative exists, with exemptions lasting no more than 3 years and renewable once for another 3 years (Sec. 2(5))
• The EPA and Health and Human Services must create publicly available educational resources about asbestos health effects, federal prevention resources and licensed asbestos removal professionals in each state and U.S. territory (Sec. 3)
What Changes
Businesses can no longer manufacture, process, use or distribute commercial asbestos after one year from when the law passes. Existing asbestos products already installed in buildings before the law passes may remain in place. Products where asbestos is only an unintended impurity are not covered by the ban.
Important Definitions
Commercial asbestos means eight specific types of asbestos fibers that have been extracted and processed for commercial use: chrysotile, crocidolite, amosite, anthophyllite, tremolite, actinolite, richterite and winchite. "Mixture or article containing commercial asbestos" does not include products where asbestos is present only as an unintended impurity (accidental contamination).
Effective Date
One year after the law passes.
II
118TH CONGRESS
1ST SESSION
S. 1069
To amend the Toxic Substances Control Act to prohibit the manufacture,
processing, use, and distribution in commerce of commercial asbestos
and mixtures and articles containing commercial asbestos, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 30, 2023
Mr. MERKLEY 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, use, and distribution in
commerce of commercial asbestos and mixtures and arti-
cles containing commercial asbestos, and for other pur-
poses.
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 2023’’.
5
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•S 1069 IS
SEC. 2. COMMERCIAL 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) COMMERCIAL ASBESTOS.—The term
10
‘commercial asbestos’ means the asbestiform
11
varieties of the following fibers if extracted and
12
processed for their commercial value:
13
‘‘(i) Chrysotile (serpentine).
14
‘‘(ii) Crocidolite (riebeckite).
15
‘‘(iii)
Amosite
(cummingtonite-
16
grunerite).
17
‘‘(iv) Anthophyllite.
18
‘‘(v) Tremolite.
19
‘‘(vi) Actinolite.
20
‘‘(vii) Richterite.
21
‘‘(viii) Winchite.
22
‘‘(B) DISTRIBUTE
IN
COMMERCE; DIS-
23
TRIBUTION IN COMMERCE.—
24
‘‘(i) IN
GENERAL.—Except as pro-
25
vided in clause (ii), the terms ‘distribute in
26
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•S 1069 IS
commerce’ and ‘distribution in commerce’
1
have the meanings given the terms in sec-
2
tion 3.
3
‘‘(ii) EXCLUSIONS.—The terms ‘dis-
4
tribute in commerce’ and ‘distribution in
5
commerce’ do not include, with respect to
6
commercial asbestos—
7
‘‘(I) end-use of a mixture or arti-
8
cle containing commercial asbestos
9
and installed in a building or other
10
structure before the date of enactment
11
of the Alan Reinstein Ban Asbestos
12
Now Act of 2023; or
13
‘‘(II) distribution of a mixture or
14
article containing commercial asbestos
15
solely for the purpose of disposal of
16
the mixture or article in compliance
17
with applicable Federal, State, and
18
local requirements.
19
‘‘(C) MIXTURE
OR
ARTICLE
CONTAINING
20
COMMERCIAL ASBESTOS.—The term ‘mixture or
21
article containing commercial asbestos’ does not
22
include a mixture or article in which commer-
23
cial asbestos is present solely as an impurity (as
24
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•S 1069 IS
defined in section 720.3 of title 40, Code of
1
Federal Regulations (or successor regulations)).
2
‘‘(2) APPLICABILITY.—
3
‘‘(A) IN GENERAL.—The prohibitions, re-
4
quirements, and definition of the term ‘commer-
5
cial asbestos’ in this subsection shall—
6
‘‘(i) apply only—
7
‘‘(I) to chemical substances; and
8
‘‘(II) for purposes of regulating
9
chemical substances under this Act;
10
and
11
‘‘(ii) have no effect on—
12
‘‘(I) any other prohibition or def-
13
inition of the term ‘asbestos’; or
14
‘‘(II) any other requirement reg-
15
ulating asbestos, including for pur-
16
poses of—
17
‘‘(aa) regulating cosmetics
18
under the Federal Food, Drug,
19
and Cosmetic Act (21 U.S.C. 301
20
et seq.); and
21
‘‘(bb) determining whether a
22
cosmetic contains asbestos as an
23
ingredient or as an impurity to
24
an ingredient.
25
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•S 1069 IS
‘‘(B) IMPURITIES.—Nothing in this sub-
1
section applies to any chemical substance, mix-
2
ture, or article in which commercial asbestos is
3
present solely as an impurity.
4
‘‘(3) PROHIBITION
OF
MANUFACTURE, PROC-
5
ESSING, USE, AND DISTRIBUTION IN COMMERCE.—
6
Effective 1 year after the date of enactment of the
7
Alan Reinstein Ban Asbestos Now Act of 2023, no
8
person may manufacture, process, use, or distribute
9
in commerce commercial asbestos or any mixture or
10
article containing commercial asbestos.
11
‘‘(4)
CHLOR-ALKALI
INDUSTRY.—Notwith-
12
standing paragraph (3), an owner, operator, or
13
agent of an owner or operator of a chlor-alkali facil-
14
ity that is in operation on the date of enactment of
15
the Alan Reinstein Ban Asbestos Now Act of 2023
16
may, until the date that is 2 years after that date
17
of enactment—
18
‘‘(A) import processed commercial asbestos
19
fibers solely for the purpose of manufacturing
20
diaphragms for use in the chlor-alkali process;
21
‘‘(B) use, hold, or process commercial as-
22
bestos fibers solely for the purpose of manufac-
23
turing diaphragms for use in the chlor-alkali
24
process; and
25
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•S 1069 IS
‘‘(C) use asbestos diaphragms in chlor-al-
1
kali production.
2
‘‘(5) EXEMPTION
FOR
NATIONAL
SECURITY
3
REASONS.—
4
‘‘(A) IN GENERAL.—Notwithstanding any
5
other provision of this subsection, the President
6
may, on application, grant any person an ex-
7
emption from the prohibition under paragraph
8
(3) once for the manufacture, processing, use,
9
or distribution in commerce of commercial as-
10
bestos or any mixture or article containing com-
11
mercial asbestos only if the President deter-
12
mines that—
13
‘‘(i) the manufacture, processing, use,
14
or distribution in commerce of commercial
15
asbestos or any mixture or article con-
16
taining commercial asbestos by the person
17
is necessary to protect the national secu-
18
rity interests of the United States; and
19
‘‘(ii) no feasible alternative to the
20
manufacture, processing, use, or distribu-
21
tion in commerce of commercial asbestos
22
or any mixture or article containing com-
23
mercial asbestos exists for the intended
24
use.
25
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•S 1069 IS
‘‘(B) DURATION.—
1
‘‘(i) IN GENERAL.—The period of an
2
exemption granted under subparagraph
3
(A) shall not exceed 3 years.
4
‘‘(ii)
EXTENSION.—The
President
5
may, in accordance with subparagraph (A),
6
extend an exemption granted under that
7
subparagraph once, for a period not to ex-
8
ceed 3 years.
9
‘‘(C) TERMS
AND
CONDITIONS.—An ex-
10
emption granted under this paragraph (includ-
11
ing any extension granted under subparagraph
12
(B)(ii)) shall include such terms and conditions
13
as are necessary to achieve the maximum extent
14
practicable reduction in exposure to commercial
15
asbestos.
16
‘‘(D) PUBLICATION.—
17
‘‘(i) APPLICATIONS.—Not later than
18
30 days after receipt of an application for
19
an exemption under this paragraph (in-
20
cluding an extension under subparagraph
21
(B)(ii)), the President shall publish the ap-
22
plication in the Federal Register.
23
‘‘(ii) EXEMPTIONS.—Not later than
24
30 days after granting an exemption under
25
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•S 1069 IS
this paragraph (including an extension
1
under subparagraph (B)(ii)), the President
2
shall publish in the Federal Register—
3
‘‘(I) a notice of the exemption;
4
and
5
‘‘(II) the terms and conditions
6
included under subparagraph (C).
7
‘‘(iii) EXCEPTION.—The President, on
8
a determination that publication under this
9
subparagraph of information relating to an
10
application or granting of a particular ex-
11
emption would harm the national security
12
interests of the United States—
13
‘‘(I) shall not publish that infor-
14
mation in the Federal Register; but
15
‘‘(II) shall provide that informa-
16
tion to the Committee on Energy and
17
Commerce of the House of Represent-
18
atives and the Committee on Environ-
19
ment and Public Works of the Senate.
20
‘‘(E) APPLICATION
OF
WAIVER
AUTHOR-
21
ITY.—Notwithstanding section 22, the Adminis-
22
trator may not issue a waiver under that sec-
23
tion with respect to commercial asbestos.’’.
24
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•S 1069 IS
SEC. 3. PUBLIC EDUCATION.
1
The Administrator of the Environmental Protection
2
Agency, in consultation with the Secretary of Health and
3
Human Services, shall develop and make publicly available
4
resources that may be used by the Federal Government
5
and other entities to educate the public and health profes-
6
sionals about—
7
(1) the adverse health effects of asbestos expo-
8
sure;
9
(2) any Federal resources, including easily un-
10
derstandable regulations, available to address the
11
prevention and mitigation of asbestos exposure; and
12
(3) licensed commercial asbestos mitigation
13
availability within each State, the District of Colum-
14
bia, and each territory or possession of the United
15
States.
16
Æ
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