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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4244 Introduced in Senate (IS)]

<DOC>

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.

    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 2022''.

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.--
                            ``(i) In general.--The term `commercial 
                        asbestos' means asbestiform fibers that have 
                        been extracted and processed from any of the 
                        following minerals:
                                    ``(I) Chrysotile (serpentine).
                                    ``(II) Crocidolite (riebeckite).
                                    ``(III) Amosite (cummingtonite-
                                grunerite).
                                    ``(IV) Anthophyllite asbestos.
                                    ``(V) Tremolite asbestos.
                                    ``(VI) Actinolite asbestos.
                                    ``(VII) Richterite.
                                    ``(VIII) Winchite.
                            ``(ii) Exclusion.--The term `commercial 
                        asbestos' does not include asbestos fibers that 
                        are not extracted or processed for the value of 
                        the asbestos fibers.
                    ``(B) Distribute 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 2022; 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 2022, 
        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 2022 
        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; and
                    ``(B) use, hold, or process commercial asbestos 
                fibers solely for the purpose of manufacturing 
                diaphragms for use in the chlor-alkali process.
            ``(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.
            ``(6) Reports.--
                    ``(A) Timing and coverage.--
                            ``(i) Previous action.--Not later than 120 
                        days after the date of enactment of the Alan 
                        Reinstein Ban Asbestos Now Act of 2022, any 
                        person who has manufactured, processed, used, 
                        or distributed in commerce commercial asbestos 
                        or any mixture or article containing commercial 
                        asbestos during the 3-year period preceding 
                        that date of enactment shall submit to the 
                        Administrator a report described in 
                        subparagraph (B).
                            ``(ii) Later action.--Any person 
                        manufacturing, processing, using, or 
                        distributing in commerce commercial asbestos or 
                        any mixture or article containing commercial 
                        asbestos during the period that begins on the 
                        date of enactment of the Alan Reinstein Ban 
                        Asbestos Now Act of 2022 and ends on the date 
                        on which the prohibition under paragraph (3) 
                        takes effect shall submit to the Administrator 
                        a report described in subparagraph (B) not 
                        later than 60 days after--
                                    ``(I) the date of enactment of the 
                                Alan Reinstein Ban Asbestos Now Act of 
                                2022, for any person who has 
                                manufactured, processed, used, or 
                                distributed in commerce commercial 
                                asbestos or any mixture or article 
                                containing commercial asbestos before 
                                that date of enactment; or
                                    ``(II) the date on which the person 
                                initiates that manufacture, processing, 
                                use, or distribution in commerce, for 
                                any person initiating that manufacture, 
                                processing, use, or distribution in 
                                commerce on or after that date of 
                                enactment.
                            ``(iii) Reports by chlor-alkali industry.--
                        An owner, operator, or agent of an owner or 
                        operator of a chlor-alkali facility importing, 
                        using, holding, or processing an article 
                        containing commercial asbestos pursuant to 
                        paragraph (4) in a calendar year shall submit 
                        to the Administrator a report described in 
                        subparagraph (B)--
                                    ``(I) not later than March 1 of the 
                                following calendar year; and
                                    ``(II) annually thereafter until 
                                the person has submitted such a report 
                                with respect to each calendar year 
                                after the date of enactment of the Alan 
                                Reinstein Ban Asbestos Now Act of 2022 
                                in which that person imported, used, 
                                held, or processed such an article.
                            ``(iv) Reports during exempted period.--Any 
                        person granted an exemption under paragraph (5) 
                        shall submit to the Administrator a report 
                        described in subparagraph (B) not later than 27 
                        months after--
                                    ``(I) the date on which the 
                                exemption is granted; and
                                    ``(II) the date on which the 
                                exemption is extended, if applicable.
                    ``(B) Contents.--Each report submitted under 
                subparagraph (A) shall include--
                            ``(i) the name and address of the person 
                        submitting the report;
                            ``(ii) the name, title, and contact 
                        information of an authorized representative of 
                        the person submitting the report;
                            ``(iii) the location of the facility or 
                        facilities where the manufacture, processing, 
                        use, or distribution in commerce of commercial 
                        asbestos or mixtures or articles containing 
                        commercial asbestos has occurred, or will 
                        occur, during the reporting period;
                            ``(iv) a description of the manufacture, 
                        processing, use, or distribution activity 
                        during the reporting period of the person 
                        submitting the report and the intended and 
                        known uses of commercial asbestos and each 
                        mixture or article containing commercial 
                        asbestos by that person and all other persons 
                        to whom the commercial asbestos, mixture, or 
                        article is sold or otherwise distributed in 
                        commerce;
                            ``(v) the quantity of commercial asbestos, 
                        and the quantity and concentration of 
                        commercial asbestos in any mixture or article 
                        containing commercial asbestos, that is 
                        manufactured, processed, used, or distributed 
                        in commerce, or expected to be manufactured, 
                        processed, used, or distributed in commerce, by 
                        the person during the reporting period;
                            ``(vi) reasonable estimates of the quantity 
                        of commercial asbestos to be disposed of as a 
                        result of the reported manufacture, processing, 
                        use, or distribution activities, and the manner 
                        of the disposal; and
                            ``(vii) reasonably ascertainable estimates 
                        of--
                                    ``(I) the number of individuals 
                                who, as a result of the reported 
                                manufacture, processing, use, and 
                                distribution activities--
                                            ``(aa) have been exposed to 
                                        commercial asbestos or mixtures 
                                        or articles containing 
                                        commercial asbestos; and
                                            ``(bb) will be so exposed; 
                                        and
                                    ``(II) the nature, duration, 
                                frequency, and levels of any exposure 
                                described in subclause (I).
                    ``(C) Reporting period.--For purposes of 
                subparagraph (B), the reporting period for a report 
                submitted under--
                            ``(i) subparagraph (A)(i) shall be the 3-
                        year period preceding the date of enactment of 
                        the Alan Reinstein Ban Asbestos Now Act of 
                        2022;
                            ``(ii) subparagraph (A)(ii) shall be the 
                        period that begins on the date of enactment of 
                        the Alan Reinstein Ban Asbestos Now Act of 2022 
                        and ends on the date on which the prohibition 
                        under paragraph (3) takes effect;
                            ``(iii) subparagraph (A)(iii) shall be the 
                        calendar year before the calendar year in which 
                        the report is submitted;
                            ``(iv) subparagraph (A)(iv)(I) shall be the 
                        period that begins on the date on which an 
                        exemption is granted under paragraph (5) and 
                        ends on the date on which that exemption 
                        expires (not including any extension of that 
                        exemption); and
                            ``(v) subparagraph (A)(iv)(II) shall be the 
                        period that begins on the date on which an 
                        exemption is extended under paragraph 
                        (5)(B)(ii) and ends on the date on which that 
                        extension expires.
                    ``(D) Reporting forms and instructions.--Not later 
                than 30 days after the date of enactment of the Alan 
                Reinstein Ban Asbestos Now Act of 2022, the 
                Administrator shall publish a notice in the Federal 
                Register that provides instructions for reporting under 
                this paragraph and a form or forms for use by persons 
                submitting reports under this paragraph.
                    ``(E) Availability.--Not later than 90 days after 
                the date on which a report is submitted under 
                subparagraph (A), the Administrator shall, subject to 
                section 14, make that report available to the public.
                    ``(F) Summary and analysis.--Not later than 180 
                days after the date on which a report is submitted 
                under subparagraph (A), the Administrator shall, 
                subject to section 14, make available to the public a 
                summary and analysis of the information that report 
                contains.''.

SEC. 3. PUBLIC EDUCATION.

    The Administrator of the Environmental Protection Agency shall--
            (1) publicize the prohibition under paragraph (3) of 
        subsection (j) of section 6 of the Toxic Substances Control Act 
        (15 U.S.C. 2605); and
            (2) provide to persons who may be subject to that 
        prohibition assistance in complying with that subsection.
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