[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1069 Introduced in Senate (IS)]
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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 articles containing commercial asbestos, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alan Reinstein Ban Asbestos Now Act
of 2023''.
SEC. 2. COMMERCIAL ASBESTOS BAN AND REPORTING.
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is
amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Asbestos.--
``(1) Definitions.--In this subsection:
``(A) Commercial asbestos.--The term `commercial
asbestos' means the asbestiform varieties of the
following fibers if extracted and processed for their
commercial value:
``(i) Chrysotile (serpentine).
``(ii) Crocidolite (riebeckite).
``(iii) Amosite (cummingtonite-grunerite).
``(iv) Anthophyllite.
``(v) Tremolite.
``(vi) Actinolite.
``(vii) Richterite.
``(viii) Winchite.
``(B) Distribute in commerce; distribution in
commerce.--
``(i) In general.--Except as provided in
clause (ii), the terms `distribute in commerce'
and `distribution in commerce' have the
meanings given the terms in section 3.
``(ii) Exclusions.--The terms `distribute
in commerce' and `distribution in commerce' do
not include, with respect to commercial
asbestos--
``(I) end-use of a mixture or
article containing commercial asbestos
and installed in a building or other
structure before the date of enactment
of the Alan Reinstein Ban Asbestos Now
Act of 2023; or
``(II) distribution of a mixture or
article containing commercial asbestos
solely for the purpose of disposal of
the mixture or article in compliance
with applicable Federal, State, and
local requirements.
``(C) Mixture or article containing commercial
asbestos.--The term `mixture or article containing
commercial asbestos' does not include a mixture or
article in which commercial asbestos is present solely
as an impurity (as defined in section 720.3 of title
40, Code of Federal Regulations (or successor
regulations)).
``(2) Applicability.--
``(A) In general.--The prohibitions, requirements,
and definition of the term `commercial asbestos' in
this subsection shall--
``(i) apply only--
``(I) to chemical substances; and
``(II) for purposes of regulating
chemical substances under this Act; and
``(ii) have no effect on--
``(I) any other prohibition or
definition of the term `asbestos'; or
``(II) any other requirement
regulating asbestos, including for
purposes of--
``(aa) regulating cosmetics
under the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 301
et seq.); and
``(bb) determining whether
a cosmetic contains asbestos as
an ingredient or as an impurity
to an ingredient.
``(B) Impurities.--Nothing in this subsection
applies to any chemical substance, mixture, or article
in which commercial asbestos is present solely as an
impurity.
``(3) Prohibition of manufacture, processing, use, and
distribution in commerce.--Effective 1 year after the date of
enactment of the Alan Reinstein Ban Asbestos Now Act of 2023,
no person may manufacture, process, use, or distribute in
commerce commercial asbestos or any mixture or article
containing commercial asbestos.
``(4) Chlor-alkali industry.--Notwithstanding paragraph
(3), an owner, operator, or agent of an owner or operator of a
chlor-alkali facility that is in operation on the date of
enactment of the Alan Reinstein Ban Asbestos Now Act of 2023
may, until the date that is 2 years after that date of
enactment--
``(A) import processed commercial asbestos fibers
solely for the purpose of manufacturing diaphragms for
use in the chlor-alkali process;
``(B) use, hold, or process commercial asbestos
fibers solely for the purpose of manufacturing
diaphragms for use in the chlor-alkali process; and
``(C) use asbestos diaphragms in chlor-alkali
production.
``(5) Exemption for national security reasons.--
``(A) In general.--Notwithstanding any other
provision of this subsection, the President may, on
application, grant any person an exemption from the
prohibition under paragraph (3) once for the
manufacture, processing, use, or distribution in
commerce of commercial asbestos or any mixture or
article containing commercial asbestos only if the
President determines that--
``(i) the manufacture, processing, use, or
distribution in commerce of commercial asbestos
or any mixture or article containing commercial
asbestos by the person is necessary to protect
the national security interests of the United
States; and
``(ii) no feasible alternative to the
manufacture, processing, use, or distribution
in commerce of commercial asbestos or any
mixture or article containing commercial
asbestos exists for the intended use.
``(B) Duration.--
``(i) In general.--The period of an
exemption granted under subparagraph (A) shall
not exceed 3 years.
``(ii) Extension.--The President may, in
accordance with subparagraph (A), extend an
exemption granted under that subparagraph once,
for a period not to exceed 3 years.
``(C) Terms and conditions.--An exemption granted
under this paragraph (including any extension granted
under subparagraph (B)(ii)) shall include such terms
and conditions as are necessary to achieve the maximum
extent practicable reduction in exposure to commercial
asbestos.
``(D) Publication.--
``(i) Applications.--Not later than 30 days
after receipt of an application for an
exemption under this paragraph (including an
extension under subparagraph (B)(ii)), the
President shall publish the application in the
Federal Register.
``(ii) Exemptions.--Not later than 30 days
after granting an exemption under this
paragraph (including an extension under
subparagraph (B)(ii)), the President shall
publish in the Federal Register--
``(I) a notice of the exemption;
and
``(II) the terms and conditions
included under subparagraph (C).
``(iii) Exception.--The President, on a
determination that publication under this
subparagraph of information relating to an
application or granting of a particular
exemption would harm the national security
interests of the United States--
``(I) shall not publish that
information in the Federal Register;
but
``(II) shall provide that
information to the Committee on Energy
and Commerce of the House of
Representatives and the Committee on
Environment and Public Works of the
Senate.
``(E) Application of waiver authority.--
Notwithstanding section 22, the Administrator may not
issue a waiver under that section with respect to
commercial asbestos.''.
SEC. 3. PUBLIC EDUCATION.
The Administrator of the Environmental Protection Agency, in
consultation with the Secretary of Health and Human Services, shall
develop and make publicly available resources that may be used by the
Federal Government and other entities to educate the public and health
professionals about--
(1) the adverse health effects of asbestos exposure;
(2) any Federal resources, including easily understandable
regulations, available to address the prevention and mitigation
of asbestos exposure; and
(3) licensed commercial asbestos mitigation availability
within each State, the District of Columbia, and each territory
or possession of the United States.
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