S 717 — Alan Reinstein Ban Asbestos Now Act of 2019

Summary

Alan Reinstein Ban Asbestos Now Act of 2019 This bill prohibits the manufacturing, processing, and distribution of asbestos or any mixture or article containing asbestos. The bill authorizes the President to grant exemptions from this prohibition if it is necessary to protect national security interests and no feasible alternative exists for the intended use of the asbestos-containing product. Any person who has manufactured, processed, or distributed asbestos or any mixture or article containing asbestos in the three-year period preceding the enactment of this bill (as well as those acting within the year after enactment but before the prohibition takes effect) must submit a report to the Environmental Protection Agency (EPA) including information such as the location of the facility where the manufacturing occurred. Additionally, the EPA must submit a report assessing the presence of asbestos in any residential, commercial, industrial, public, and school buildings as well as the extent of exposure and risk to human health. The report must include recommendations for modifications or additions to statutes, regulations, policies, and programs aimed at protecting against exposures to legacy asbestos.

Bill Text

• Introduced Introduced in Senate Current html March 07, 2019

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes a prohibition on the manufacture, processing, and distribution of asbestos and asbestos-containing mixtures and articles.

• 15 U.S.C. 2605

  (j) Asbestos.-- (1) Definitions.--In this subsection: (A) Asbestos.--The term 'asbestos' means-- (i) the asbestiform varieties of chrysotile, actinolite, amosite, anthophyllite, crocidolite, richterite, winchite, and tremolite; and (ii) the nonasbestiform varieties of richterite and winchite. (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 asbestos-- (I) end-use of a mixture or article containing asbestos and installed in a building or other structure before the date of enactment of this subsection; or (II) distribution of a mixture or article containing 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 asbestos.--The term 'mixture or article containing asbestos' includes a mixture or article in which asbestos is present as an impurity. (2) Prohibition of manufacture, processing, and distribution in commerce.--Effective 1 year after the date of enactment of this subsection, no person may manufacture, process, or distribute in commerce asbestos or any mixture or article containing asbestos.

  This addition introduces a new subsection specifically prohibiting the manufacture, processing, and distribution in commerce of asbestos, taking effect one year after enactment.

• 15 U.S.C. 2605

  (3) 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 (2) once for the manufacture, processing, or distribution in commerce of asbestos or any mixture or article containing asbestos only if the President determines that-- (i) the manufacture, processing, or distribution in commerce of asbestos or any mixture or article containing 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, or distribution in commerce of asbestos or any mixture or article containing 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.

  This provision allows for limited exemptions to the prohibition on asbestos for national security reasons, including criteria for the exemption and its duration.

• 15 U.S.C. 2605

  (4) Reports.-- (A) Timing and coverage.-- (i) Previous action.--Not later than 120 days after the date of enactment of this subsection, any person who has manufactured, processed, or distributed in commerce asbestos or any mixture or article containing 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, or distributing in commerce asbestos or any mixture or article containing asbestos during the period that begins on the date of enactment of this subsection and ends on the date on which the prohibition under paragraph (2) 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 this subsection, for any person who has manufactured, processed, or distributed in commerce asbestos or any mixture or article containing asbestos before that date of enactment; or (II) the date on which the person initiates that manufacture, processing, or distribution in commerce, for any person initiating that manufacture, processing, or distribution in commerce on or after that date of enactment.

  This requirement mandates reporting by individuals or businesses involved with asbestos to ensure compliance with the new prohibition.

Action History

1. March 07, 2019

   Introduced in Senate

2. March 07, 2019

   Read twice and referred to the Committee on Environment and Public Works.

Sponsors

• Jeff Merkley · Primary

Subjects