distributer, or contract-authorized user of the 
exemption on behalf of the Department of De-
fense or the National Aeronautics and Space 
Administration. 
‘‘(C) LIMITATION.—A certification under 
this paragraph shall not be effective for more 
than 5 years, unless the Secretary of Defense 
or the Administrator of the National Aero-
nautics and Space Administration recertifies 
within 5 years after a prior certification. 
‘‘(3) DIAPHRAGMS
FOR
EXISTING
CHLOR-AL-
KALI ELECTROLYSIS INSTALLATIONS.— 
‘‘(A) IN GENERAL.—The requirements of 
subsection (a) shall not apply to any chlor-alkali 
electrolysis installation in existence and using 
asbestos diaphragms as of the date of enact-
ment of this title, or to caustic soda produced 
at such an installation that contains asbestos in 
an amount less than .01 percent. 
‘‘(B) REVIEW.— 
‘‘(i) IN GENERAL.—Not later than 3 
years after the date of enactment of this 
title, and every 6 years thereafter, the Ad-
ministrator shall review the exemption pro-
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vided under subparagraph (A) to deter-
mine the appropriateness of the exemption. 
‘‘(ii) SCOPE.—In conducting the re-
view of the exemption provided under sub-
paragraph (A), the Administrator shall ex-
amine whether the chlor-alkali electrolysis 
installation presents or will present an un-
reasonable risk of injury to health or the 
environment, including the risk of injury to 
an individual relating to the operation by 
the individual of each chlor-alkali elec-
trolysis installation described in subpara-
graph (A). 
‘‘(iii) 
PUBLIC
PARTICIPATION.—In 
conducting the review of the exemption 
provided under subparagraph (A), the Ad-
ministrator shall provide public notice and 
a 30-day period of public comment. 
‘‘(C) DECISION RELATING TO EXTENSION 
OF EXEMPTION.—Upon completion of a review 
of a chlor-alkali electrolysis installation under 
subparagraph (B)(i), if the Administrator de-
termines that the chlor-alkali electrolysis instal-
lation presents or will present an unreasonable 
risk of injury to health or the environment, the 
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Administrator shall terminate the exemption 
provided to the electrolysis installation under 
subparagraph (A). 
‘‘(4) AGGREGATE PRODUCTS.— 
‘‘(A) IN
GENERAL.—Subsection (a)(1) 
shall not apply to aggregate products (extracted 
from stone, sand, or gravel operations) that— 
‘‘(i) 
are 
imported, 
manufactured, 
processed, or distributed in commerce for 
the uses described in subparagraph (D) of 
this paragraph; and 
‘‘(ii) have been tested using a test 
method established under subparagraph 
(B) and determined to have an asbestos 
content that is less than— 
‘‘(I) 0.25 percent; or 
‘‘(II) if a lower asbestos content 
level has been established by the Ad-
ministrator under subparagraph (C), 
such level. 
‘‘(B) ASBESTOS TEST METHOD.—(i) Not 
later than 1 year after the date of enactment of 
this title, the Administrator shall issue guidance 
establishing the test method, including the sam-
pling frequency, for purposes of compliance 
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with this paragraph. In developing the test 
method under this clause, the Administrator 
shall evaluate and take into account— 
‘‘(I) the most accurate and precise 
test methods for sampling and analysis of 
asbestos-containing aggregate products; 
‘‘(II) actual and potential human ex-
posures to asbestos-containing aggregate 
products; and 
‘‘(III) activity-based monitoring of as-
bestos-containing aggregate products. 
‘‘(ii) Not later than 3 years after the date 
of enactment of this title, and at least every 3 
years thereafter, the Administrator shall pro-
mulgate final regulations establishing the test 
method, including the sampling frequency, for 
purposes of compliance with this paragraph. In 
establishing the test method under this clause, 
the Administrator shall evaluate and take into 
account the factors described in clause (i)(I) 
through (III). 
‘‘(iii) No person shall import or distribute 
in commerce any aggregate product (extracted 
from stone, sand, or gravel operations) unless a 
test has been performed on the product using 
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the test method established under this subpara-
graph. 
‘‘(C) REVIEW AND REVISION OF CONTENT 
LEVEL.—Not later than 3 years after the date 
of enactment of this title, and at least every 3 
years thereafter, the Administrator shall review 
the currently effective asbestos content level 
under subparagraph (A)(i)(I) or (II) and deter-
mine whether the level for aggregate products 
results in asbestos exposures that are not pro-
tective of human health and the environment. If 
the Administrator determines that the asbestos 
content level results in exposures that are not 
protective of human health and the environ-
ment, the Administrator shall promulgate regu-
lations establishing a lower asbestos content 
level within 3 years of the Administrator’s de-
termination. 
‘‘(D) USES
FOR
EXEMPTED
AGGREGATE 
PRODUCTS.—Aggregate products are exempted 
under subparagraph (A) only to the extent that 
they are imported, manufactured, processed, or 
distributed in commerce for use— 
‘‘(i) as an integral part of asphalt 
concrete; 
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‘‘(ii) as an integral part of Portland 
cement concrete; or 
‘‘(iii) as an integral part of other 
similarly cemented materials. 
‘‘(E) RECEIPT TO RECIPIENT.—Any per-
son who imports, manufactures, processes, or 
distributes in commerce aggregate products ex-
empted pursuant to this paragraph shall pro-
vide to each recipient of such products a written 
receipt that includes the following information: 
‘‘(i) The amount of such products 
provided to the recipient. 
‘‘(ii) The date the products were pro-
vided to the recipient. 
‘‘(iii) A certification that the products 
have been tested pursuant to this para-
graph and determined to have an asbestos 
content of less than the currently effective 
asbestos content level under subparagraph 
(A)(i)(II) or (II). 
‘‘(5) CALCIUM
CARBONATE, OLIVINE, TALC, 
VERMICULITE, AND WOLLASTONITE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (D), subsection (a)(1) shall not 
apply to calcium carbonate, olivine, talc, 
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test method for purposes of compliance with 
this paragraph. 
‘‘(iv) No person shall import or distribute 
in commerce any calcium carbonate, olivine, 
talc, vermiculite, or wollastonite unless it has 
been tested using the test method established 
under this subparagraph. 
‘‘(C) REVIEW AND REVISION OF CONTENT 
LEVEL.—Not later than 3 years after the date 
of enactment of this title, and at least every 3 
years thereafter, the Administrator shall review 
the asbestos content level under subparagraph 
(A)(i) or (ii) for calcium carbonate, olivine, talc, 
vermiculite, and wollastonite and determine 
whether the level is protective of human health 
and the environment. If the Administrator de-
termines that the asbestos content level is not 
protective of human health and the environ-
ment, the Administrator shall promulgate regu-
lations establishing a lower asbestos content 
level. 
‘‘(D) 
PROHIBITED
USES.—Notwith-
standing subparagraph (A) and any other provi-
sion of this Act, subsection (a)(1) shall apply to 
asbestos-containing calcium carbonate, olivine, 
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talc, vermiculite, and wollastonite imported, 
manufactured, processed, or distributed in com-
merce for use in, or for processing— 
‘‘(i) food that is intended for human 
consumption; 
‘‘(ii) products used by individuals for 
personal health or cosmetic reasons, in-
cluding soaps and shampoos; 
‘‘(iii) drugs for use with respect to hu-
mans; 
‘‘(iv) consumer garden products; 
‘‘(v) cosmetics; 
‘‘(vi) products designed or intended 
primarily for use by children 12 years of 
age or younger; or 
‘‘(vii) any other product with respect 
to which the Administrator has determined 
the presence of asbestos-containing calcium 
carbonate, olivine, talc, vermiculite, or wol-
lastonite endangers human health or the 
environment. 
‘‘(E) RECEIPT TO RECIPIENT.—Any per-
son who imports, manufactures, processes, or 
distributes in commerce calcium carbonate, oli-
vine, talc, vermiculite, or wollastonite exempted 
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pursuant to this paragraph shall provide to 
each recipient of such mineral products a writ-
ten receipt that includes the following informa-
tion: 
‘‘(i) The amount of such mineral 
products provided to the recipient. 
‘‘(ii) The date the mineral products 
were provided to the recipient. 
‘‘(iii) A certification that the mineral 
products have been tested pursuant to this 
paragraph and determined to have an as-
bestos content of less than the currently 
effective asbestos content level under sub-
paragraph (A)(i) or (ii), which shall in-
clude a statement indicating the asbestos 
content level found through such tests. 
‘‘(F) ADDITIONAL
MINERALS.—The Ad-
ministrator may, by rule, add an additional 
mineral to the list of minerals subject to this 
paragraph if the Administrator determines that 
any mined deposit of the mineral is associated 
with asbestos. 
‘‘(6) TACONITE
PELLETS.—Subsection (a)(1) 
shall not apply to taconite pellets or iron ore that 
will be used to produce taconite pellets. The exemp-
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tion under this paragraph shall not apply to tailings, 
waste material, or other byproducts of iron ore ex-
traction. 
‘‘(c) DISPOSAL.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), not later than 3 years after the date of 
enactment of this title, each person that is subject 
to the prohibition established under this section that 
possesses an asbestos-containing product shall dis-
pose of the asbestos-containing product, by a means 
that is in compliance with applicable Federal, State, 
and local requirements. 
‘‘(2) EXEMPTION.—Nothing in paragraph (1) 
requires that an asbestos-containing product be re-
moved or replaced. 
‘‘(d) COMPLIANCE TESTING.— 
‘‘(1) IN GENERAL.—In accordance with para-
graph (2), not later than 1 year after the date on 
which the prohibition takes effect under subsection 
(a), and annually thereafter, to ensure compliance 
with this section, the Administrator shall carry out 
tests on an appropriate quantity of products, as de-
termined by the Administrator, to determine if the 
products are asbestos-containing products. 
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‘‘(2) APPROPRIATE TEST METHODOLOGIES.—In 
carrying out the compliance testing under paragraph 
(1), the Administrator shall use the appropriate test 
methodology for each product that is the subject of 
the compliance testing. 
‘‘(3) ANNUAL REPORT.— 
‘‘(A) IN
GENERAL.—Upon completion of 
each annual testing period described in para-
graph (1), the Administrator shall prepare a re-
port for the annual testing period covered by 
the report, describing those products that are 
asbestos-containing products. 
‘‘(B) PUBLIC
AVAILABILITY.—Not later 
than 90 days after the date of completion of 
each annual testing period described in para-
graph (1), the Administrator shall make the re-
port for the annual testing period covered by 
the report available to the public. 
‘‘(e) SAVINGS CLAUSE.—Except as specifically pro-
vided in this title, nothing in this title shall be construed 
to override, change, or otherwise affect the obligations of 
any person, including a Federal agency, to comply with 
the regulations contained in part 763 of title 40 of the 
Code of Federal Regulations. 
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‘‘SEC. 604. CRIMINAL PENALTY. 
‘‘Notwithstanding section 16(b), any person who 
knowingly or willfully violates any provision of this title 
shall, in addition to or in lieu of any civil penalty which 
may be imposed under section 16(a) for such violation, 
be subject, upon conviction, to a fine of not more than 
$25,000 for each day of violation, or to imprisonment for 
not more than 5 years, or both. 
‘‘SEC. 605. CITIZEN PETITIONS. 
‘‘(a) IN GENERAL.—Any person may petition the Ad-
ministrator to initiate a proceeding for the issuance, 
amendment, or repeal of a rule or order under this title. 
‘‘(b) FILING AND CONTACT.—Such petition shall be 
filed in the principal office of the Administrator and shall 
set forth the facts which it is claimed establish that it is 
necessary to issue, amend, or repeal a rule or order under 
this title. 
‘‘(c) HEARING OR INVESTIGATION.—The Adminis-
trator may hold a public hearing or may conduct such in-
vestigation or proceeding as the Administrator deems ap-
propriate in order to determine whether or not such peti-
tion should be granted. 
‘‘(d) GRANTING OR DENIAL.—Within 90 days after 
filing of a petition described in subsection (a), the Admin-
istrator shall either grant or deny the petition. If the Ad-
ministrator grants such petition, the Administrator shall 
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