[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1069 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1069

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 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.

    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 2023''.

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.--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.''.

SEC. 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.
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