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‘‘Subtitle B—Ban of Asbestos 
Containing Products 
‘‘SEC. 221. BAN OF ASBESTOS CONTAINING PRODUCTS. 
‘‘(a) DEFINITIONS.—In this chapter: 
‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the Environ-
mental Protection Agency. 
‘‘(2) ASBESTOS.—The term ‘asbestos’ in-
cludes—
‘‘(A) chrysotile; 
‘‘(B) amosite; 
‘‘(C) crocidolite; 
‘‘(D) tremolite asbestos; 
‘‘(E) winchite asbestos; 
‘‘(F) richterite asbestos; 
‘‘(G) anthophyllite asbestos; 
‘‘(H) actinolite asbestos; 
‘‘(I) any of the minerals listed under sub-
paragraphs (A) through (H) that has been 
chemically 
treated 
or 
altered, 
and 
any 
asbestiform variety, type or component thereof. 
‘‘(3) ASBESTOS
CONTAINING
PRODUCT.—The 
term ‘asbestos containing product’ means any prod-
uct (including any part) to which asbestos is delib-
erately or knowingly added or used because the spe-
235
cific properties of asbestos are necessary for product 
use or function. Under no circumstances shall the 
term ‘asbestos containing product’ be construed to 
include products that contain de minimus levels of 
naturally occurring asbestos as defined by the Ad-
ministrator not later than 1 year after the date of 
enactment of this chapter. 
‘‘(4) DISTRIBUTE
IN
COMMERCE.—The term 
‘distribute in commerce’—
‘‘(A) has the meaning given the term in 
section 3 of the Toxic Substances Control Act 
(15 U.S.C. 2602); and 
‘‘(B) shall not include—
‘‘(i) an action taken with respect to 
an asbestos containing product in connec-
tion with the end use of the asbestos con-
taining product by a person that is an end 
user, or an action taken by a person who 
purchases or receives a product, directly or 
indirectly from an end user; or 
‘‘(ii) distribution of an asbestos con-
taining product by a person solely for the 
purpose of disposal of the asbestos con-
taining product in compliance with applica-
ble Federal, State, and local requirements.
236
‘‘(b) IN GENERAL.—Subject to subsection (c), the 
Administrator shall promulgate—
‘‘(1) not later than 1 year after the date of en-
actment of this chapter, proposed regulations that—
‘‘(A) prohibit persons, from manufac-
turing, processing, or distributing in commerce 
asbestos containing products; and 
‘‘(B) provide for implementation of sub-
sections (c) and (d); and 
‘‘(2) not later than 2 years after the date of en-
actment of this chapter, final regulations that, effec-
tive 60 days after the date of promulgation, prohibit 
persons from manufacturing, processing, or distrib-
uting in commerce asbestos containing products. 
‘‘(c) EXEMPTIONS.—
‘‘(1) IN GENERAL.—Any person may petition 
the Administrator for, and the Administrator may 
grant an exemption from the requirements of sub-
section (b), if the Administrator determines that—
‘‘(A) the exemption would not result in an 
unreasonable risk of injury to public health or 
the environment; and 
‘‘(B) the person has made good faith ef-
forts to develop, but has been unable to develop, 
a substance, or identify a mineral that does not
237
present an unreasonable risk of injury to public 
health or the environment and may be sub-
stituted for an asbestos containing product. 
‘‘(2) TERMS AND CONDITIONS.—An exemption 
granted under this subsection shall be in effect for 
such period (not to exceed 5 years) and subject to 
such terms and conditions as the Administrator may 
prescribe. 
‘‘(3) GOVERNMENTAL USE.—
‘‘(A) IN GENERAL.—The Administrator of 
the Environmental Protection Agency shall pro-
vide an exemption from the requirements of 
subsection (b), without review or limit on dura-
tion, if such exemption for an asbestos con-
taining product is—
‘‘(i) sought by the Secretary of De-
fense and the Secretary certifies, and pro-
vides a copy of that certification to Con-
gress, that—
‘‘(I) use of the asbestos con-
taining product is necessary to the 
critical functions of the Department; 
‘‘(II) no reasonable alternatives 
to the asbestos containing product 
exist for the intended purpose; and
238
‘‘(III) use of the asbestos con-
taining product will not result in an 
unreasonable risk to health or the en-
vironment; or 
‘‘(ii) sought by the Administrator of 
the National Aeronautics and Space Ad-
ministration and the Administrator of the 
National Aeronautics and Space Adminis-
tration certifies, and provides a copy of 
that certification to Congress, that—
‘‘(I) 
the 
asbestos 
containing 
product is necessary to the critical 
functions of the National Aeronautics 
and Space Administration; 
‘‘(II) no reasonable alternatives 
to the asbestos containing product 
exist for the intended purpose; and 
‘‘(III) the use of the asbestos 
containing product will not result in 
an unreasonable risk to health or the 
environment. 
‘‘(B) ADMINISTRATIVE PROCEDURE ACT.—
Any certification required under subparagraph 
(A) shall not be subject to chapter 5 of title 5,
239
United States Code (commonly referred to as 
the ‘Administrative Procedure Act’). 
‘‘(4) SPECIFIC
EXEMPTIONS.—The following 
are exempted: 
‘‘(A) Asbestos diaphragms for use in the 
manufacture of chlor-alkali and the products 
and derivative therefrom. 
‘‘(B) 
Roofing 
cements, 
coatings 
and 
mastics utilizing asbestos that is totally encap-
sulated with asphalt, subject to a determination 
by the Administrator of the Environmental Pro-
tection Agency under paragraph (5). 
‘‘(5) ENVIRONMENTAL
PROTECTION
AGENCY 
REVIEW.—
‘‘(A) REVIEW IN 18 MONTHS.—Not later 
than 18 months after the date of enactment of 
this chapter, the Administrator of the Environ-
mental Protection Agency shall complete a re-
view of the exemption for roofing cements, coat-
ings, and mastics utilizing asbestos that are to-
tally encapsulated with asphalt to determine 
whether—
‘‘(i) the exemption would result in an 
unreasonable risk of injury to public health 
or the environment; and