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-containing 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 commerce of asbestos and asbestos-containing mixtures and 

articles, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alan Reinstein Ban 

5 Asbestos Now Act of 2019’’. 


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1 SEC. 2. ASBESTOS BAN AND REPORTING. 

2 Section 6 of the Toxic Substances Control Act (15 

3 U.S.C. 2605) is amended— 

4 (1) by redesignating subsection (j) as sub5 section (k); and 

6 (2) by inserting after subsection (i) the fol7 lowing: 

8 ‘‘(j) ASBESTOS.— 

9 ‘‘(1) DEFINITIONS.—In this subsection: 

10 ‘‘(A) ASBESTOS.—The term ‘asbestos’ 

11 means— 

12 ‘‘(i) the asbestiform varieties of 

13 chrysotile, actinolite, amosite, 

14 anthophyllite, crocidolite, richterite, 

15 winchite, and tremolite; and 

16 ‘‘(ii) the nonasbestiform varieties of 

17 richterite and winchite. 

18 ‘‘(B) DISTRIBUTE IN COMMERCE.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clause (ii), the terms ‘distribute in 

21 commerce’ and ‘distribution in commerce’ 

22 have the meanings given the terms in sec23 tion 3. 

24 ‘‘(ii) EXCLUSIONS.—The terms ‘dis25 tribute in commerce’ and ‘distribution in 


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1 commerce’ do not include, with respect to 

2 asbestos— 

3 ‘‘(I) end-use of a mixture or arti4 cle containing asbestos and installed 

5 in a building or other structure before 

6 the date of enactment of this sub7 section; or 

8 ‘‘(II) distribution of a mixture or 

9 article containing asbestos solely for 

10 the purpose of disposal of the mixture 

11 or article in compliance with applica12 ble Federal, State, and local require13 ments. 

14 ‘‘(C) MIXTURE OR ARTICLE CONTAINING

15 ASBESTOS.—The term ‘mixture or article con16 taining asbestos’ includes a mixture or article in 

17 which asbestos is present as an impurity. 

18 ‘‘(2) PROHIBITION OF MANUFACTURE, PROC19 ESSING, AND DISTRIBUTION IN COMMERCE.—Effec20 tive 1 year after the date of enactment of this sub21 section, no person may manufacture, process, or dis22 tribute in commerce asbestos or any mixture or arti23 cle containing asbestos. 

24 ‘‘(3) EXEMPTION FOR NATIONAL SECURITY

25 REASONS.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding any 

2 other provision of this subsection, the President 

3 may, on application, grant any person an ex4 emption from the prohibition under paragraph 

5 (2) once for the manufacture, processing, or 

6 distribution in commerce of asbestos or any 

7 mixture or article containing asbestos only if 

8 the President determines that— 

9 ‘‘(i) the manufacture, processing, or 

10 distribution in commerce of asbestos or 

11 any mixture or article containing asbestos 

12 by the person is necessary to protect the 

13 national security interests of the United 

14 States; and 

15 ‘‘(ii) no feasible alternative to the 

16 manufacture, processing, or distribution in 

17 commerce of asbestos or any mixture or 

18 article containing asbestos exists for the 

19 intended use. 

20 ‘‘(B) DURATION.— 

21 ‘‘(i) IN GENERAL.—The period of an 

22 exemption granted under subparagraph 

23 (A) shall not exceed 3 years. 

24 ‘‘(ii) EXTENSION.—The President 

25 may, in accordance with subparagraph (A), 


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1 extend an exemption granted under that 

2 subparagraph once, for a period not to ex3 ceed 3 years. 

4 ‘‘(C) TERMS AND CONDITIONS.—An ex5 emption granted under this paragraph (includ6 ing any extension granted under subparagraph 

7 (B)(ii)) shall include such terms and conditions 

8 as are necessary to achieve the maximum prac9 ticable reduction in exposure to asbestos. 

10 ‘‘(D) PUBLICATION.— 

11 ‘‘(i) APPLICATIONS.—Not later than 

12 30 days after receipt of an application for 

13 an exemption under this paragraph (in14 cluding an extension under subparagraph 

15 (B)(ii)), the President shall publish the ap16 plication in the Federal Register. 

17 ‘‘(ii) EXEMPTIONS.—Not later than 

18 30 days after granting an exemption under 

19 this paragraph (including an extension 

20 under subparagraph (B)(ii)), the President 

21 shall publish in the Federal Register— 

22 ‘‘(I) a notice of the exemption; 

23 and 

24 ‘‘(II) the terms and conditions 

25 included under subparagraph (C). 


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1 ‘‘(E) APPLICATION OF WAIVER AUTHOR2 ITY.—Notwithstanding section 22, the Adminis3 trator may not issue a waiver under that sec4 tion with respect to asbestos. 

5 ‘‘(4) REPORTS.— 

6 ‘‘(A) TIMING AND COVERAGE.— 

7 ‘‘(i) PREVIOUS ACTION.—Not later 

8 than 120 days after the date of enactment 

9 of this subsection, any person who has 

10 manufactured, processed, or distributed in 

11 commerce asbestos or any mixture or arti12 cle containing asbestos during the 3-year 

13 period preceding that date of enactment 

14 shall submit to the Administrator a report 

15 described in subparagraph (B). 

16 ‘‘(ii) LATER ACTION.—Any person 

17 manufacturing, processing, or distributing 

18 in commerce asbestos or any mixture or 

19 article containing asbestos during the pe20 riod that begins on the date of enactment 

21 of this subsection and ends on the date on 

22 which the prohibition under paragraph (2) 

23 takes effect shall submit to the Adminis24 trator a report described in subparagraph 

25 (B) not later than 60 days after— 


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1 ‘‘(I) the date of enactment of this 

2 subsection, for any person who has 

3 manufactured, processed, or distrib4 uted in commerce asbestos or any 

5 mixture or article containing asbestos 

6 before that date of enactment; or 

7 ‘‘(II) the date on which the per8 son initiates that manufacture, proc9 essing, or distribution in commerce, 

10 for any person initiating that manu11 facture, processing, or distribution in 

12 commerce on or after that date of en13 actment. 

14 ‘‘(iii) REPORTS DURING EXEMPTED

15 PERIOD.—Any person granted an exemp16 tion under paragraph (3) shall submit to 

17 the Administrator a report described in 

18 subparagraph (B) not later than 27 

19 months after— 

20 ‘‘(I) the date on which the ex21 emption is granted; and 

22 ‘‘(II) the date on which the ex23 emption is extended, if applicable. 

24 ‘‘(B) CONTENTS.—Each report submitted 

25 under subparagraph (A) shall include— 


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1 ‘‘(i) the name and address of the per2 son submitting the report; 

3 ‘‘(ii) the name, title, and contact in4 formation of an authorized representative 

5 of the person submitting the report; 

6 ‘‘(iii) the location of the facility or fa7 cilities where the manufacture, processing, 

8 or distribution in commerce of asbestos or 

9 mixtures or articles containing asbestos 

10 has occurred, or will occur, during the re11 porting period; 

12 ‘‘(iv) a description of the manufac13 ture, processing, or distribution activity 

14 during the reporting period of the person 

15 submitting the report and the intended and 

16 known uses of asbestos and each mixture 

17 or article containing asbestos by that per18 son and all other persons to whom the as19 bestos, mixture, or article is sold or other20 wise distributed in commerce; 

21 ‘‘(v) the quantity of asbestos, and the 

22 quantity and concentration of asbestos in 

23 any mixture or article containing asbestos, 

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1 factured, processed, or distributed in com2 merce, by the person during the reporting 

3 period; 

4 ‘‘(vi) reasonable estimates of the 

5 quantity of asbestos to be disposed of as a 

6 result of the reported manufacture, proc7 essing, or distribution activities, and the 

8 manner of the disposal; and 

9 ‘‘(vii) reasonable estimates of— 

10 ‘‘(I) the number of individuals 

11 who, as a result of the reported manu12 facture, processing, and distribution 

13 activities— 

14 ‘‘(aa) have been exposed to 

15 asbestos or mixtures or articles 

16 containing asbestos; and 

17 ‘‘(bb) will be so exposed; and 

18 ‘‘(II) the nature, duration, fre19 quency, and levels of any exposure de20 scribed in subclause (I). 

21 ‘‘(C) REPORTING PERIOD.—For purposes 

22 of subparagraph (B), the reporting period for a 

23 report submitted under— 


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1 ‘‘(i) subparagraph (A)(i) shall be the 

2 3-year period preceding the date of enact3 ment of this subsection; 

4 ‘‘(ii) subparagraph (A)(ii) shall be the 

5 period that begins on the date of enact6 ment of this subsection and ends on the 

7 date on which the prohibition under para8 graph (2) takes effect; 

9 ‘‘(iii) subparagraph (A)(iii)(I) shall be 

10 the period that begins on the date on 

11 which an exemption is granted under para12 graph (3) and ends on the date on which 

13 that exemption expires (not including any 

14 extension of that exemption); and 

15 ‘‘(iv) subparagraph (A)(iii)(II) shall 

16 be the period that begins on the date on 

17 which an exemption is extended under 

18 paragraph (3)(B)(ii) and ends on the date 

19 on which that extension expires. 

20 ‘‘(D) REPORTING FORMS AND INSTRUC21 TIONS.—Not later than 30 days after the date 

22 of enactment of this subsection, the Adminis23 trator shall publish a notice in the Federal Reg24 ister that provides instructions for reporting 

25 under this paragraph and a form or forms for 


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1 use by persons submitting reports under this 

2 paragraph. 

3 ‘‘(E) AVAILABILITY.—Not later than 90 

4 days after the date on which a report is sub5 mitted under subparagraph (A), the Adminis6 trator shall make that report available to the 

7 public. 

8 ‘‘(F) SUMMARY AND ANALYSIS.—Not later 

9 than 180 days after the date on which a report 

10 is submitted under subparagraph (A), the Ad11 ministrator shall make available to the public a 

12 summary and analysis of the information that 

13 report contains.’’. 

14 SEC. 3. LEGACY ASBESTOS: REPORT AND RECOMMENDA15 TIONS. 

16 (a) DEFINITION OF ASBESTOS.—In this section, the 

17 term ‘‘asbestos’’ means— 

18 (1) the asbestiform varieties of chrysotile, actin19 olite, amosite, anthophyllite, crocidolite, richterite, 

20 winchite, and tremolite; and 

21 (2) the nonasbestiform varieties of richterite 

22 and winchite. 

23 (b) REPORT.—Not later than 540 days after the date 

24 of enactment of this Act, the Administrator of the Envi25 ronmental Protection Agency, in consultation with the 


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1 Secretary of Health and Human Services and the Sec2 retary of Labor, shall prepare and submit to Congress a 

3 report assessing— 

4 (1) the presence of asbestos in residential, com5 mercial, industrial, public, and school buildings; and 

6 (2) the extent of exposure and risk to human 

7 health associated with the asbestos present in those 

8 buildings from all commercial, industrial, and con9 sumer activities that may result in asbestos expo10 sure. 

11 (c) CONTENTS.—The report required under sub12 section (b) shall— 

13 (1) be based on the best available information, 

14 and information that can feasibly be obtained 

15 through surveys or other means; and 

16 (2) provide the following: 

17 (A) An estimate of the number of residen18 tial, commercial, industrial, public, and school 

19 buildings where asbestos is present. 

20 (B) An estimate of the quantity of asbes21 tos in those buildings and the portion of that 

22 asbestos that is friable. 

23 (C) A description of the types of building 

24 components and systems containing asbestos in 

25 those buildings and the categories of mixtures 


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1 and articles containing asbestos that are 

2 present, such as thermal insulation, roofing ma3 terials, asbestos cement pipe, and asbestos ce4 ment sheet. 

5 (D) For each category of building, an esti6 mate of the number of people potentially ex7 posed to asbestos, the conditions and activities 

8 with the greatest potential for exposure, and es9 timates of the levels of exposure. 

10 (E) A description of the role of handling, 

11 maintenance, and construction practices in cre12 ating exposure to asbestos and the impact of 

13 building aging on the potential for asbestos ex14 posure. 

15 (F) An estimate of the quantity of asbestos 

16 waste generated from building renovation, re17 pair, and demolition for each of the 5 calendar 

18 years preceding the date of submission of the 

19 report, and the procedures that are used for the 

20 handling, transport, and disposal of that waste. 

21 (d) RECOMMENDATIONS.— 

22 (1) IN GENERAL.—The report submitted under 

23 subsection (b) shall contain— 

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1 grams implemented by the Environmental Pro2 tection Agency, the Department of Labor, and 

3 other agencies in protecting against exposures 

4 to legacy asbestos; and 

5 (B) recommendations for modifications or 

6 additions to those statutes, regulations, policies, 

7 and programs as necessary to reduce or elimi8 nate risks to human health. 

9 (2) INCLUSIONS.—Recommendations under 

10 paragraph (1)(B) may include recommendations for 

11 new, additional, or modified regulations, policies, or 

12 programs for— 

13 (A) the inspection of buildings to deter14 mine the presence and condition of asbestos; 

15 (B) inventorying the presence and condi16 tion of asbestos in buildings; 

17 (C) removal of asbestos from buildings; 

18 (D) handling asbestos during building 

19 maintenance, repair, demolition, and other com20 mercial and industrial activities with the poten21 tial for asbestos exposure; and 

22 (E) disposal of asbestos-containing waste 

23 and debris. 

24 (e) EFFECT ON EXISTING LAW.—Compliance with 

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1 ronmental Protection Agency, the Secretary of Health and 

2 Human Services, or the Secretary of Labor of any other 

3 obligation arising under this Act (or an amendment made 

4 by this Act) or any other law. 

Æ 


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