II 

117TH CONGRESS 

2D SESSION S. 4244 

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 

MAY 18 (legislative day, MAY 17), 2022 

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. 

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 2022’’. 


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1 SEC. 2. COMMERCIAL 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) COMMERCIAL ASBESTOS.— 

11 ‘‘(i) IN GENERAL.—The term ‘com12 mercial asbestos’ means asbestiform fibers 

13 that have been extracted and processed 

14 from any of the following minerals: 

15 ‘‘(I) Chrysotile (serpentine). 

16 ‘‘(II) Crocidolite (riebeckite). 

17 ‘‘(III) Amosite (cummingtonite18 grunerite). 

19 ‘‘(IV) Anthophyllite asbestos. 

20 ‘‘(V) Tremolite asbestos. 

21 ‘‘(VI) Actinolite asbestos. 

22 ‘‘(VII) Richterite. 

23 ‘‘(VIII) Winchite. 

24 ‘‘(ii) EXCLUSION.—The term ‘com25 mercial asbestos’ does not include asbestos 


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1 fibers that are not extracted or processed 

2 for the value of the asbestos fibers. 

3 ‘‘(B) DISTRIBUTE IN COMMERCE.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), the terms ‘distribute in 

6 commerce’ and ‘distribution in commerce’ 

7 have the meanings given the terms in sec8 tion 3. 

9 ‘‘(ii) EXCLUSIONS.—The terms ‘dis10 tribute in commerce’ and ‘distribution in 

11 commerce’ do not include, with respect to 

12 commercial asbestos— 

13 ‘‘(I) end-use of a mixture or arti14 cle containing commercial asbestos 

15 and installed in a building or other 

16 structure before the date of enactment 

17 of the Alan Reinstein Ban Asbestos 

18 Now Act of 2022; or 

19 ‘‘(II) distribution of a mixture or 

20 article containing commercial asbestos 

21 solely for the purpose of disposal of 

22 the mixture or article in compliance 

23 with applicable Federal, State, and 

24 local requirements. 


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1 ‘‘(C) MIXTURE OR ARTICLE CONTAINING

2 COMMERCIAL ASBESTOS.—The term ‘mixture or 

3 article containing commercial asbestos’ does not 

4 include a mixture or article in which commer5 cial asbestos is present solely as an impurity (as 

6 defined in section 720.3 of title 40, Code of 

7 Federal Regulations (or successor regulations)). 

8 ‘‘(2) APPLICABILITY.— 

9 ‘‘(A) IN GENERAL.—The prohibitions, re10 quirements, and definition of the term ‘commer11 cial asbestos’ in this subsection shall— 

12 ‘‘(i) apply only— 

13 ‘‘(I) to chemical substances; and 

14 ‘‘(II) for purposes of regulating 

15 chemical substances under this Act; 

16 and 

17 ‘‘(ii) have no effect on— 

18 ‘‘(I) any other prohibition or def19 inition of the term ‘asbestos’; or 

20 ‘‘(II) any other requirement reg21 ulating asbestos, including for pur22 poses of— 

23 ‘‘(aa) regulating cosmetics 

24 under the Federal Food, Drug, 


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1 and Cosmetic Act (21 U.S.C. 301 

2 et seq.); and 

3 ‘‘(bb) determining whether a 

4 cosmetic contains asbestos as an 

5 ingredient or as an impurity to 

6 an ingredient. 

7 ‘‘(B) IMPURITIES.—Nothing in this sub8 section applies to any chemical substance, mix9 ture, or article in which commercial asbestos is 

10 present solely as an impurity. 

11 ‘‘(3) PROHIBITION OF MANUFACTURE, PROC12 ESSING, USE, AND DISTRIBUTION IN COMMERCE.— 

13 Effective 1 year after the date of enactment of the 

14 Alan Reinstein Ban Asbestos Now Act of 2022, no 

15 person may manufacture, process, use, or distribute 

16 in commerce commercial asbestos or any mixture or 

17 article containing commercial asbestos. 

18 ‘‘(4) CHLOR-ALKALI INDUSTRY.—Notwith19 standing paragraph (3), an owner, operator, or 

20 agent of an owner or operator of a chlor-alkali facil21 ity that is in operation on the date of enactment of 

22 the Alan Reinstein Ban Asbestos Now Act of 2022 

23 may, until the date that is 2 years after that date 

24 of enactment— 


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1 ‘‘(A) import processed commercial asbestos 

2 fibers solely for the purpose of manufacturing 

3 diaphragms for use in the chlor-alkali process; 

4 and 

5 ‘‘(B) use, hold, or process commercial as6 bestos fibers solely for the purpose of manufac7 turing diaphragms for use in the chlor-alkali 

8 process. 

9 ‘‘(5) EXEMPTION FOR NATIONAL SECURITY

10 REASONS.— 

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

12 other provision of this subsection, the President 

13 may, on application, grant any person an ex14 emption from the prohibition under paragraph 

15 (3) once for the manufacture, processing, use, 

16 or distribution in commerce of commercial as17 bestos or any mixture or article containing com18 mercial asbestos only if the President deter19 mines that— 

20 ‘‘(i) the manufacture, processing, use, 

21 or distribution in commerce of commercial 

22 asbestos or any mixture or article con23 taining commercial asbestos by the person 

24 is necessary to protect the national secu25 rity interests of the United States; and 


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1 ‘‘(ii) no feasible alternative to the 

2 manufacture, processing, use, or distribu3 tion in commerce of commercial asbestos 

4 or any mixture or article containing com5 mercial asbestos exists for the intended 

6 use. 

7 ‘‘(B) DURATION.— 

8 ‘‘(i) IN GENERAL.—The period of an 

9 exemption granted under subparagraph 

10 (A) shall not exceed 3 years. 

11 ‘‘(ii) EXTENSION.—The President 

12 may, in accordance with subparagraph (A), 

13 extend an exemption granted under that 

14 subparagraph once, for a period not to ex15 ceed 3 years. 

16 ‘‘(C) TERMS AND CONDITIONS.—An ex17 emption granted under this paragraph (includ18 ing any extension granted under subparagraph 

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

20 as are necessary to achieve the maximum extent 

21 practicable reduction in exposure to commercial 

22 asbestos. 

23 ‘‘(D) PUBLICATION.— 

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

25 30 days after receipt of an application for 


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1 an exemption under this paragraph (in2 cluding an extension under subparagraph 

3 (B)(ii)), the President shall publish the ap4 plication in the Federal Register. 

5 ‘‘(ii) EXEMPTIONS.—Not later than 

6 30 days after granting an exemption under 

7 this paragraph (including an extension 

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

9 shall publish in the Federal Register— 

10 ‘‘(I) a notice of the exemption; 

11 and 

12 ‘‘(II) the terms and conditions 

13 included under subparagraph (C). 

14 ‘‘(iii) EXCEPTION.—The President, on 

15 a determination that publication under this 

16 subparagraph of information relating to an 

17 application or granting of a particular ex18 emption would harm the national security 

19 interests of the United States— 

20 ‘‘(I) shall not publish that infor21 mation in the Federal Register; but 

22 ‘‘(II) shall provide that informa23 tion to the Committee on Energy and 

24 Commerce of the House of RepresentVerDate Sep 11 2014 05:13 May 21, 2022 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4244.IS S4244

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1 atives and the Committee on Environ2 ment and Public Works of the Senate. 

3 ‘‘(E) APPLICATION OF WAIVER AUTHOR4 ITY.—Notwithstanding section 22, the Adminis5 trator may not issue a waiver under that sec6 tion with respect to commercial asbestos. 

7 ‘‘(6) REPORTS.— 

8 ‘‘(A) TIMING AND COVERAGE.— 

9 ‘‘(i) PREVIOUS ACTION.—Not later 

10 than 120 days after the date of enactment 

11 of the Alan Reinstein Ban Asbestos Now 

12 Act of 2022, any person who has manufac13 tured, processed, used, or distributed in 

14 commerce commercial asbestos or any mix15 ture or article containing commercial as16 bestos during the 3-year period preceding 

17 that date of enactment shall submit to the 

18 Administrator a report described in sub19 paragraph (B). 

20 ‘‘(ii) LATER ACTION.—Any person 

21 manufacturing, processing, using, or dis22 tributing in commerce commercial asbestos 

23 or any mixture or article containing com24 mercial asbestos during the period that be25 gins on the date of enactment of the Alan 


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1 Reinstein Ban Asbestos Now Act of 2022 

2 and ends on the date on which the prohibi3 tion under paragraph (3) takes effect shall 

4 submit to the Administrator a report de5 scribed in subparagraph (B) not later than 

6 60 days after— 

7 ‘‘(I) the date of enactment of the 

8 Alan Reinstein Ban Asbestos Now Act 

9 of 2022, for any person who has man10 ufactured, processed, used, or distrib11 uted in commerce commercial asbestos 

12 or any mixture or article containing 

13 commercial asbestos before that date 

14 of enactment; or 

15 ‘‘(II) the date on which the per16 son initiates that manufacture, proc17 essing, use, or distribution in com18 merce, for any person initiating that 

19 manufacture, processing, use, or dis20 tribution in commerce on or after that 

21 date of enactment. 

22 ‘‘(iii) REPORTS BY CHLOR-ALKALI IN23 DUSTRY.—An owner, operator, or agent of 

24 an owner or operator of a chlor-alkali facil25 ity importing, using, holding, or processing 


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1 an article containing commercial asbestos 

2 pursuant to paragraph (4) in a calendar 

3 year shall submit to the Administrator a 

4 report described in subparagraph (B)— 

5 ‘‘(I) not later than March 1 of 

6 the following calendar year; and 

7 ‘‘(II) annually thereafter until 

8 the person has submitted such a re9 port with respect to each calendar 

10 year after the date of enactment of 

11 the Alan Reinstein Ban Asbestos Now 

12 Act of 2022 in which that person im13 ported, used, held, or processed such 

14 an article. 

15 ‘‘(iv) REPORTS DURING EXEMPTED

16 PERIOD.—Any person granted an exemp17 tion under paragraph (5) shall submit to 

18 the Administrator a report described in 

19 subparagraph (B) not later than 27 

20 months after— 

21 ‘‘(I) the date on which the ex22 emption is granted; and 

23 ‘‘(II) the date on which the ex24 emption is extended, if applicable. 


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

2 under subparagraph (A) shall include— 

3 ‘‘(i) the name and address of the per4 son submitting the report; 

5 ‘‘(ii) the name, title, and contact in6 formation of an authorized representative 

7 of the person submitting the report; 

8 ‘‘(iii) the location of the facility or fa9 cilities where the manufacture, processing, 

10 use, or distribution in commerce of com11 mercial asbestos or mixtures or articles 

12 containing commercial asbestos has oc13 curred, or will occur, during the reporting 

14 period; 

15 ‘‘(iv) a description of the manufac16 ture, processing, use, or distribution activ17 ity during the reporting period of the per18 son submitting the report and the intended 

19 and known uses of commercial asbestos 

20 and each mixture or article containing 

21 commercial asbestos by that person and all 

22 other persons to whom the commercial as23 bestos, mixture, or article is sold or other24 wise distributed in commerce; 


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1 ‘‘(v) the quantity of commercial asbes2 tos, and the quantity and concentration of 

3 commercial asbestos in any mixture or ar4 ticle containing commercial asbestos, that 

5 is manufactured, processed, used, or dis6 tributed in commerce, or expected to be 

7 manufactured, processed, used, or distrib8 uted in commerce, by the person during 

9 the reporting period; 

10 ‘‘(vi) reasonable estimates of the 

11 quantity of commercial asbestos to be dis12 posed of as a result of the reported manu13 facture, processing, use, or distribution ac14 tivities, and the manner of the disposal; 

15 and 

16 ‘‘(vii) reasonably ascertainable esti17 mates of— 

18 ‘‘(I) the number of individuals 

19 who, as a result of the reported manu20 facture, processing, use, and distribu21 tion activities— 

22 ‘‘(aa) have been exposed to 

23 commercial asbestos or mixtures 

24 or articles containing commercial 

25 asbestos; and 


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1 ‘‘(bb) will be so exposed; and 

2 ‘‘(II) the nature, duration, fre3 quency, and levels of any exposure de4 scribed in subclause (I). 

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

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

7 report submitted under— 

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

9 3-year period preceding the date of enact10 ment of the Alan Reinstein Ban Asbestos 

11 Now Act of 2022; 

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

13 period that begins on the date of enact14 ment of the Alan Reinstein Ban Asbestos 

15 Now Act of 2022 and ends on the date on 

16 which the prohibition under paragraph (3) 

17 takes effect; 

18 ‘‘(iii) subparagraph (A)(iii) shall be 

19 the calendar year before the calendar year 

20 in which the report is submitted; 

21 ‘‘(iv) subparagraph (A)(iv)(I) shall be 

22 the period that begins on the date on 

23 which an exemption is granted under para24 graph (5) and ends on the date on which 


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1 that exemption expires (not including any 

2 extension of that exemption); and 

3 ‘‘(v) subparagraph (A)(iv)(II) shall be 

4 the period that begins on the date on 

5 which an exemption is extended under 

6 paragraph (5)(B)(ii) and ends on the date 

7 on which that extension expires. 

8 ‘‘(D) REPORTING FORMS AND INSTRUC9 TIONS.—Not later than 30 days after the date 

10 of enactment of the Alan Reinstein Ban Asbes11 tos Now Act of 2022, the Administrator shall 

12 publish a notice in the Federal Register that 

13 provides instructions for reporting under this 

14 paragraph and a form or forms for use by per15 sons submitting reports under this paragraph. 

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

17 days after the date on which a report is sub18 mitted under subparagraph (A), the Adminis19 trator shall, subject to section 14, make that re20 port available to the public. 

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

22 than 180 days after the date on which a report 

23 is submitted under subparagraph (A), the Ad24 ministrator shall, subject to section 14, make 


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1 available to the public a summary and analysis 

2 of the information that report contains.’’. 

3 SEC. 3. PUBLIC EDUCATION. 

4 The Administrator of the Environmental Protection 

5 Agency shall— 

6 (1) publicize the prohibition under paragraph 

7 (3) of subsection (j) of section 6 of the Toxic Sub8 stances Control Act (15 U.S.C. 2605); and 

9 (2) provide to persons who may be subject to 

10 that prohibition assistance in complying with that 

11 subsection. 

Æ 


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