I 
117TH CONGRESS 
2D SESSION 
H. R. 7810 
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 HOUSE OF REPRESENTATIVES 
MAY 18, 2022 
Ms. BONAMICI introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
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 arti-
cles containing commercial asbestos, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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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 sub-
section (k); and 
(2) by inserting after subsection (i) the fol-
lowing: 
‘‘(j) ASBESTOS.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COMMERCIAL ASBESTOS.— 
‘‘(i) IN
GENERAL.—The term ‘com-
mercial 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 ‘com-
mercial asbestos’ does not include asbestos 
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fibers that are not extracted or processed 
for the value of the asbestos fibers. 
‘‘(B) DISTRIBUTE IN COMMERCE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the terms ‘distribute in 
commerce’ and ‘distribution in commerce’ 
have the meanings given the terms in sec-
tion 3. 
‘‘(ii) EXCLUSIONS.—The terms ‘dis-
tribute in commerce’ and ‘distribution in 
commerce’ do not include, with respect to 
commercial asbestos— 
‘‘(I) end-use of a mixture or arti-
cle 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. 
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‘‘(C) MIXTURE
OR
ARTICLE
CONTAINING 
COMMERCIAL ASBESTOS.—The term ‘mixture or 
article containing commercial asbestos’ does not 
include a mixture or article in which commer-
cial 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, re-
quirements, and definition of the term ‘commer-
cial 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 def-
inition of the term ‘asbestos’; or 
‘‘(II) any other requirement reg-
ulating asbestos, including for pur-
poses of— 
‘‘(aa) regulating cosmetics 
under the Federal Food, Drug, 
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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 sub-
section applies to any chemical substance, mix-
ture, or article in which commercial asbestos is 
present solely as an impurity. 
‘‘(3) PROHIBITION
OF
MANUFACTURE, PROC-
ESSING, 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.—Notwith-
standing paragraph (3), an owner, operator, or 
agent of an owner or operator of a chlor-alkali facil-
ity 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— 
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‘‘(ii) no feasible alternative to the 
manufacture, processing, use, or distribu-
tion in commerce of commercial asbestos 
or any mixture or article containing com-
mercial 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 ex-
ceed 3 years. 
‘‘(C) TERMS
AND
CONDITIONS.—An ex-
emption granted under this paragraph (includ-
ing 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 
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an exemption under this paragraph (in-
cluding an extension under subparagraph 
(B)(ii)), the President shall publish the ap-
plication 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 ex-
emption would harm the national security 
interests of the United States— 
‘‘(I) shall not publish that infor-
mation in the Federal Register; but 
‘‘(II) shall provide that informa-
tion to the Committee on Energy and 
Commerce of the House of Represent-
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atives and the Committee on Environ-
ment and Public Works of the Senate. 
‘‘(E) APPLICATION
OF
WAIVER
AUTHOR-
ITY.—Notwithstanding section 22, the Adminis-
trator may not issue a waiver under that sec-
tion 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 manufac-
tured, processed, used, or distributed in 
commerce commercial asbestos or any mix-
ture or article containing commercial as-
bestos during the 3-year period preceding 
that date of enactment shall submit to the 
Administrator a report described in sub-
paragraph (B). 
‘‘(ii) LATER
ACTION.—Any person 
manufacturing, processing, using, or dis-
tributing in commerce commercial asbestos 
or any mixture or article containing com-
mercial asbestos during the period that be-
gins on the date of enactment of the Alan 
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Reinstein Ban Asbestos Now Act of 2022 
and ends on the date on which the prohibi-
tion under paragraph (3) takes effect shall 
submit to the Administrator a report de-
scribed 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 man-
ufactured, processed, used, or distrib-
uted in commerce commercial asbestos 
or any mixture or article containing 
commercial asbestos before that date 
of enactment; or 
‘‘(II) the date on which the per-
son initiates that manufacture, proc-
essing, use, or distribution in com-
merce, for any person initiating that 
manufacture, processing, use, or dis-
tribution in commerce on or after that 
date of enactment. 
‘‘(iii) REPORTS BY CHLOR-ALKALI IN-
DUSTRY.—An owner, operator, or agent of 
an owner or operator of a chlor-alkali facil-
ity importing, using, holding, or processing 
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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 re-
port 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 im-
ported, used, held, or processed such 
an article. 
‘‘(iv) REPORTS
DURING
EXEMPTED 
PERIOD.—Any person granted an exemp-
tion 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 ex-
emption is granted; and 
‘‘(II) the date on which the ex-
emption is extended, if applicable. 
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‘‘(B) CONTENTS.—Each report submitted 
under subparagraph (A) shall include— 
‘‘(i) the name and address of the per-
son submitting the report; 
‘‘(ii) the name, title, and contact in-
formation of an authorized representative 
of the person submitting the report; 
‘‘(iii) the location of the facility or fa-
cilities where the manufacture, processing, 
use, or distribution in commerce of com-
mercial asbestos or mixtures or articles 
containing commercial asbestos has oc-
curred, or will occur, during the reporting 
period; 
‘‘(iv) a description of the manufac-
ture, processing, use, or distribution activ-
ity during the reporting period of the per-
son 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 as-
bestos, mixture, or article is sold or other-
wise distributed in commerce; 
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‘‘(v) the quantity of commercial asbes-
tos, and the quantity and concentration of 
commercial asbestos in any mixture or ar-
ticle containing commercial asbestos, that 
is manufactured, processed, used, or dis-
tributed in commerce, or expected to be 
manufactured, processed, used, or distrib-
uted in commerce, by the person during 
the reporting period; 
‘‘(vi) reasonable estimates of the 
quantity of commercial asbestos to be dis-
posed of as a result of the reported manu-
facture, processing, use, or distribution ac-
tivities, and the manner of the disposal; 
and 
‘‘(vii) reasonably ascertainable esti-
mates of— 
‘‘(I) the number of individuals 
who, as a result of the reported manu-
facture, processing, use, and distribu-
tion activities— 
‘‘(aa) have been exposed to 
commercial asbestos or mixtures 
or articles containing commercial 
asbestos; and 
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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
INSTRUC-
TIONS.—Not later than 30 days after the date 
of enactment of the Alan Reinstein Ban Asbes-
tos 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 per-
sons submitting reports under this paragraph. 
‘‘(E) AVAILABILITY.—Not later than 90 
days after the date on which a report is sub-
mitted under subparagraph (A), the Adminis-
trator shall, subject to section 14, make that re-
port 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 Ad-
ministrator shall, subject to section 14, make 
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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 Sub-
stances 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. 
Æ 
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