[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7810 Introduced in House (IH)]
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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 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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