S 2811 — Alan Reinstein Ban Asbestos Now Act of 2025

Summary

Alan Reinstein Ban Asbestos Now Act of 2025This bill generally prohibits the manufacture, process, use, and distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos. The President may, on application, grant exemptions from the prohibition in situations where it is necessary to protect national security interests.

Bill Text

• Introduced Introduced in Senate Current html September 16, 2025

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

The bill adds a prohibition on the manufacture, processing, use, and distribution in commerce of commercial asbestos under the Toxic Substances Control Act.

• 15 U.S.C. 2605

  (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 2025; 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 2025, no person may manufacture, process, use, or distribute in commerce commercial asbestos or any mixture or article containing commercial asbestos.

  This section introduces a comprehensive ban on commercial asbestos and establishes definitions and exclusions related to its distribution.

• 15 U.S.C. 2605

  (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 2025 may, until January 1, 2030--(A) use, hold, or process commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process; and (B) use asbestos diaphragms in chlor-alkali production.

  This clause provides a temporary exception for the chlor-alkali industry allowing limited use of commercial asbestos until 2030.

• 15 U.S.C. 2605

  (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.

  This provision allows the President to issue exemptions for national security reasons regarding the use of commercial asbestos.

Action History

1. September 16, 2025

   Introduced in Senate

2. September 16, 2025

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

Sponsors

• Jeff Merkley · Primary
• Richard Blumenthal · Cosponsor
• Alex Padilla · Cosponsor
• Adam B. Schiff · Cosponsor

Subjects