,,ii #aagth ,,congress #b;d ,session ,s4 #dbdd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ah 7legislative day1 ,may #ag71 #bjbb,mr4 ,merkley introduced the following bill2 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 manufacture1 processing1 use1 and distribution in commerce of commercial asbestos and mixtures and articles containing commercial asbestos1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,alan ,reinstein ,ban ,asbestos ,now ,act of #bjbb4 #b4 ,commercial asbestos ban and reporting ,section #f of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje7 is amended-- 7#a7 by redesignating subsection 7j7 as subsection 7k72 and 7#b7 by inserting after subsection 7i7 the following3 7j7 ,asbestos 7#a7 ,definitions ,in this subsection3 7,a7 ,commercial asbestos 7i7 ,in general ,the term commercial asbestos means asbestiform fibers that have been extracted and processed from any of the following minerals3 7,i7 ,chrysotile 7serpentine74 7,,ii7 ,crocidolite 7riebeckite74 7,,iii7 ,amosite 7cummingtonite-grunerite74 7,,iv7 ,anthophyllite asbestos4 7,v7 ,tremolite asbestos4 7,,vi7 ,actinolite asbestos4 7,,vii7 ,richterite4 7,,viii7 ,winchite4 7ii7 ,exclusion ,the term commercial asbestos does not include asbestos fibers that are not extracted or processed for the value of the asbestos fibers4 7,b7 ,distribute in commerce 7i7 ,in general ,except as provided in clause 7ii71 the terms distribute in commerce and distribution in commerce have the meanings given the terms in section #c4 7ii7 ,exclusions ,the terms distribute in commerce and distribution in commerce do not include1 with respect to commercial asbestos-- 7,i7 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 #bjbb2 or 7,,ii7 distribution of a mixture or article containing commercial asbestos solely for the purpose of disposal of the mixture or article in compliance with applicable ,federal1 ,state1 and local requirements4 7,c7 ,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 7as defined in section #gbj4c of title #dj1 ,code of ,federal ,regulations 7or successor regulations774 7#b7 ,applicability 7,a7 ,in general ,the prohibitions1 requirements1 and definition of the term commercial asbestos in this subsection shall-- 7i7 apply only-- 7,i7 to chemical substances2 and 7,,ii7 for purposes of regulating chemical substances under this ,act2 and 7ii7 have no effect on-- 7,i7 any other prohibition or definition of the term asbestos2 or 7,,ii7 any other requirement regulating asbestos1 including for purposes of-- 7aa7 regulating cosmetics under the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 and 7bb7 determining whether a cosmetic contains asbestos as an ingredient or as an impurity to an ingredient4 7,b7 ,impurities ,nothing in this subsection applies to any chemical substance1 mixture1 or article in which commercial asbestos is present solely as an impurity4 7#c7 ,prohibition of manufacture1 processing1 use1 and distribution in commerce ,effective #a year after the date of enactment of the ,alan ,reinstein ,ban ,asbestos ,now ,act of #bjbb1 no person may manufacture1 process1 use1 or distribute in commerce commercial asbestos or any mixture or article containing commercial asbestos4 7#d7 ,chlor-alkali industry ,notwithstanding paragraph 7#c71 an owner1 operator1 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 #bjbb may1 until the date that is #b years after that date of enactment-- 7,a7 import processed commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process2 and 7,b7 use1 hold1 or process commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process4 7#e7 ,exemption for national security reasons 7,a7 ,in general ,notwithstanding any other provision of this subsection1 the ,president may1 on application1 grant any person an exemption from the prohibition under paragraph 7#c7 once for the manufacture1 processing1 use1 or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos only if the ,president determines that-- 7i7 the manufacture1 processing1 use1 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 ,states2 and 7ii7 no feasible alternative to the manufacture1 processing1 use1 or distribution in commerce of commercial asbestos or any mixture or article containing commercial asbestos exists for the intended use4 7,b7 ,duration 7i7 ,in general ,the period of an exemption granted under subparagraph 7,a7 shall not exceed #c years4 7ii7 ,extension ,the ,president may1 in accordance with subparagraph 7,a71 extend an exemption granted under that subparagraph once1 for a period not to exceed #c years4 7,c7 ,terms and conditions ,an exemption granted under this paragraph 7including any extension granted under subparagraph 7,b77ii77 shall include such terms and conditions as are necessary to achieve the maximum extent practicable reduction in exposure to commercial asbestos4 7,d7 ,publication 7i7 ,applications ,not later than #cj days after receipt of an application for an exemption under this paragraph 7including an extension under subparagraph 7,b77ii771 the ,president shall publish the application in the ,federal ,register4 7ii7 ,exemptions ,not later than #cj days after granting an exemption under this paragraph 7including an extension under subparagraph 7,b77ii771 the ,president shall publish in the ,federal ,register-- 7,i7 a notice of the exemption2 and 7,,ii7 the terms and conditions included under subparagraph 7,c74 7iii7 ,exception ,the ,president1 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-- 7,i7 shall not publish that information in the ,federal ,register2 but 7,,ii7 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 ,senate4 7,e7 ,application of waiver authority ,notwithstanding section #bb1 the ,administrator may not issue a waiver under that section with respect to commercial asbestos4 7#f7 ,reports 7,a7 ,timing and coverage 7i7 ,previous action ,not later than #abj days after the date of enactment of the ,alan ,reinstein ,ban ,asbestos ,now ,act of #bjbb1 any person who has manufactured1 processed1 used1 or distributed in commerce commercial asbestos or any mixture or article containing commercial asbestos during the #c-year period preceding that date of enactment shall submit to the ,administrator a report described in subparagraph 7,b74 7ii7 ,later action ,any person manufacturing1 processing1 using1 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 #bjbb and ends on the date on which the prohibition under paragraph 7#c7 takes effect shall submit to the ,administrator a report described in subparagraph 7,b7 not later than #fj days after-- 7,i7 the date of enactment of the ,alan ,reinstein ,ban ,asbestos ,now ,act of #bjbb1 for any person who has manufactured1 processed1 used1 or distributed in commerce commercial asbestos or any mixture or article containing commercial asbestos before that date of enactment2 or 7,,ii7 the date on which the person initiates that manufacture1 processing1 use1 or distribution in commerce1 for any person initiating that manufacture1 processing1 use1 or distribution in commerce on or after that date of enactment4 7iii7 ,reports by chlor-alkali industry ,an owner1 operator1 or agent of an owner or operator of a chlor-alkali facility importing1 using1 holding1 or processing an article containing commercial asbestos pursuant to paragraph 7#d7 in a calendar year shall submit to the ,administrator a report described in subparagraph 7,b7-- 7,i7 not later than ,march #a of the following calendar year2 and 7,,ii7 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 #bjbb in which that person imported1 used1 held1 or processed such an article4 7iv7 ,reports during exempted period ,any person granted an exemption under paragraph 7#e7 shall submit to the ,administrator a report described in subparagraph 7,b7 not later than #bg months after-- 7,i7 the date on which the exemption is granted2 and 7,,ii7 the date on which the exemption is extended1 if applicable4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall include-- 7i7 the name and address of the person submitting the report2 7ii7 the name1 title1 and contact information of an authorized representative of the person submitting the report2 7iii7 the location of the facility or facilities where the manufacture1 processing1 use1 or distribution in commerce of commercial asbestos or mixtures or articles containing commercial asbestos has occurred1 or will occur1 during the reporting period2 7iv7 a description of the manufacture1 processing1 use1 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 asbestos1 mixture1 or article is sold or otherwise distributed in commerce2 7v7 the quantity of commercial asbestos1 and the quantity and concentration of commercial asbestos in any mixture or article containing commercial asbestos1 that is manufactured1 processed1 used1 or distributed in commerce1 or expected to be manufactured1 processed1 used1 or distributed in commerce1 by the person during the reporting period2 7vi7 reasonable estimates of the quantity of commercial asbestos to be disposed of as a result of the reported manufacture1 processing1 use1 or distribution activities1 and the manner of the disposal2 and 7vii7 reasonably ascertainable estimates of-- 7,i7 the number of individuals who1 as a result of the reported manufacture1 processing1 use1 and distribution activities-- 7aa7 have been exposed to commercial asbestos or mixtures or articles containing commercial asbestos2 and 7bb7 will be so exposed2 and 7,,ii7 the nature1 duration1 frequency1 and levels of any exposure described in subclause 7,i74 7,c7 ,reporting period ,for purposes of subparagraph 7,b71 the reporting period for a report submitted under-- 7i7 subparagraph 7,a77i7 shall be the #c-year period preceding the date of enactment of the ,alan ,reinstein ,ban ,asbestos ,now ,act of #bjbb2 7ii7 subparagraph 7,a77ii7 shall be the period that begins on the date of enactment of the ,alan ,reinstein ,ban ,asbestos ,now ,act of #bjbb and ends on the date on which the prohibition under paragraph 7#c7 takes effect2 7iii7 subparagraph 7,a77iii7 shall be the calendar year before the calendar year in which the report is submitted2 7iv7 subparagraph 7,a77iv77,i7 shall be the period that begins on the date on which an exemption is granted under paragraph 7#e7 and ends on the date on which that exemption expires 7not including any extension of that exemption72 and 7v7 subparagraph 7,a77iv77,,ii7 shall be the period that begins on the date on which an exemption is extended under paragraph 7#e77;,b77ii7 and ends on the date on which that extension expires4 7,d7 ,reporting forms and instructions ,not later than #cj days after the date of enactment of the ,alan ,reinstein ,ban ,asbestos ,now ,act of #bjbb1 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 paragraph4 7,e7 ,availability ,not later than #ij days after the date on which a report is submitted under subparagraph 7,a71 the ,administrator shall1 subject to section #ad1 make that report available to the public4 7,f7 ,summary and analysis ,not later than #ahj days after the date on which a report is submitted under subparagraph 7,a71 the ,administrator shall1 subject to section #ad1 make available to the public a summary and analysis of the information that report contains4 4 #c4 ,public education ,the ,administrator of the ,environmental ,protection ,agency shall-- 7#a7 publicize the prohibition under paragraph 7#c7 of subsection 7j7 of section #f of the ,toxic ,substances ,control ,act 7#ae ,u4,s4,c4 #bfje72 and 7#b7 provide to persons who may be subject to that prohibition assistance in complying with that subsection4