[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5235 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5235
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
August 4, 2026
Mr. Merkley (for himself and Mr. Curtis) 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 2026''.
SEC. 2. COMMERCIAL ASBESTOS BAN.
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, 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, product, or equipment before
the date of enactment of the Alan
Reinstein Ban Asbestos Now Act of 2026;
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 on the date of enactment
of the Alan Reinstein Ban Asbestos Now Act of 2026, no person
may manufacture, process, use, or distribute in commerce
commercial asbestos or any mixture or article containing
commercial asbestos.
``(4) Chlor-alkali industry.--
``(A) In general.--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 2026, until May 25, 2032, and subject to
subparagraph (D)--
``(i) use, hold, or process commercial
asbestos fibers solely for the purpose of
manufacturing diaphragms for use in the chlor-
alkali process; and
``(ii) use asbestos diaphragms in chlor-
alkali production.
``(B) Extension.--The date specified in
subparagraph (A) shall be extended until May 25, 2036,
with respect to any person who meets all of the
following criteria:
``(i) On May 28, 2024, the person owned or
operated more than one facility that used
chrysotile asbestos in chlor-alkali production.
``(ii) Between May 28, 2024, and May 28,
2029, the person has ceased all processing,
distribution in commerce, and commercial use of
chrysotile asbestos at one or more facilities
that has undergone conversion to non-chrysotile
asbestos membrane technology.
``(C) Statutory preclusion.--An owner or operator
of a chlor-alkali facility described in subparagraph
(A) shall comply with the requirements of this
paragraph in lieu of all requirements of--
``(i) section 751.505 of title 40, Code of
Federal Regulations; and
``(ii) section 751.507 of title 40, Code of
Federal Regulations.
``(D) Interim exposure controls.--
``(i) In general.--An owner or operator of
a chlor-alkali facility described in
subparagraph (A) shall, throughout the period
of the authorization described in subparagraph
(A), or, if applicable, subparagraph (B),
comply with the interim exposure-control
requirements applicable to the use of
commercial asbestos in the chlor-alkali
process.
``(ii) Requirements.--For purposes of
clause (i), the interim exposure-control
requirements--
``(I) shall be the requirements
applicable to the use of commercial
asbestos in the chlor-alkali process,
excluding the requirements described in
subparagraph (C), that are in effect on
the date of enactment of the Alan
Reinstein Ban Asbestos Now Act of 2026;
and
``(II) shall continue to apply as
requirements of this subsection without
regard to whether those requirements
remain in effect under any other
provision of law (including
regulations).
``(5) Sheet gasket phase-out.--Notwithstanding paragraph
(3), the processing, use, and distribution in commerce of
commercial asbestos sheet gaskets shall be subject to the
applicable conditions, restrictions, and compliance dates
established by the Administrator in subpart F of part 751 of
title 40, Code of Federal Regulations (as in effect on the date
of enactment of the Alan Reinstein Ban Asbestos Now Act of
2026).
``(6) 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
Environment and Public Works of the
Senate and the Committee on Energy and
Commerce of the House of
Representatives.
``(E) Application of waiver authority.--
Notwithstanding section 22, the Administrator may not
issue a waiver under that section with respect to
commercial asbestos.
``(7) Metal ore mining.--Nothing in this subsection
prohibits the extraction, beneficiation, or mineral processing
of ores in the metal ore mining industry.''.
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