II 118th CONGRESS 1st Session S. 1069 IN THE SENATE OF THE UNITED STATES March 30, 2023 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. Short title This Act may be cited as the Alan Reinstein Ban Asbestos Now Act of 2023 . 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 The term commercial asbestos means the asbestiform varieties of the following fibers if extracted and processed for their commercial value: (i) Chrysotile (serpentine). (ii) Crocidolite (riebeckite). (iii) Amosite (cummingtonite-grunerite). (iv) Anthophyllite. (v) Tremolite. (vi) Actinolite. (vii) Richterite. (viii) Winchite. (B) Distribute in commerce; distribution 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 2023 ; 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 2023 , 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 2023 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; (B) use, hold, or process commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process; and (C) use asbestos diaphragms in chlor-alkali production. (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. . 3. Public education The Administrator of the Environmental Protection Agency, in consultation with the Secretary of Health and Human Services, shall develop and make publicly available resources that may be used by the Federal Government and other entities to educate the public and health professionals about— (1) the adverse health effects of asbestos exposure; (2) any Federal resources, including easily understandable regulations, available to address the prevention and mitigation of asbestos exposure; and (3) licensed commercial asbestos mitigation availability within each State, the District of Columbia, and each territory or possession of the United States.