Requires the Administrator to: (1) study the status of the manufacture, processing, distribution, ownership, importation, and disposal of asbestos-containing products and contaminant-asbestos products (those that contain asbestos as a contaminant of any substance); and (2) promulgate regulations prohibiting the manufacture, processing, or distribution in commerce of asbestos-containing products. Requires inventories and disposal of products subject to this prohibition.
Requires establishment of: (1) an asbestos public education program, unless the Administrator determines on the basis of the study conducted under this Act that asbestos-containing products used by consumers and workers do not pose an unreasonable human health risk; and (2) a consumer education campaign concerning the dangers of vermiculite insulation that may be contaminated with asbestos.
Amends the Public Health Service Act to direct the Secretary of HHS to expand, intensify, and coordinate programs of research on asbestos exposure-caused diseases, particularly mesothelioma, asbestosis, and pleural injuries. Requires establishment of a National Mesothelioma Registry. Provides funds to certain institutions for purposes of strengthening their mesothelioma treatment programs.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2641 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2641
To amend the Toxic Substances Control Act to reduce the health risks
posed by asbestos-containing products.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2002
Mrs. Murray (for herself, Mr. Baucus, Ms. Cantwell, Mr. Dayton, and Mr.
Wellstone) 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 reduce the health risks
posed by asbestos-containing products.
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 ``Ban Asbestos in America Act of
2002''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Administrator of the Environmental Protection
Agency has classified asbestos as a category A human
carcinogen, the highest cancer hazard classification for a
substance;
(2) there is no known safe level of exposure to asbestos;
(3)(A) in hearings before Congress in the early 1970s, the
example of asbestos was used to justify the need for
comprehensive legislation on toxic substances; and
(B) in 1976, Congress passed the Toxic Substances Control
Act (15 U.S.C. 2601 et seq.);
(4) in 1989, the Administrator promulgated final
regulations under title II of the Toxic Substances Control Act
(15 U.S.C. 2641 et seq.) to phase out asbestos in consumer
products by 1997;
(5) in 1991, the United States Court of Appeals for the 5th
Circuit overturned the regulations, and the Administrator did
not appeal the decision to the Supreme Court;
(6) as a result, while new uses of asbestos were banned,
asbestos is still being used in some consumer and industrial
products in the United States;
(7) available evidence suggests that--
(A) imports of some types of asbestos-containing
products may be increasing; and
(B) some of those products are imported from
foreign countries in which asbestos is poorly
regulated;
(8) many people in the United States incorrectly believe
that--
(A) asbestos has been banned in the United States;
and
(B) there is no risk of exposure to asbestos
through the use of new commercial products;
(9) asbestos has been banned in Argentina, Austria,
Belgium, Chile, Croatia, Denmark, Finland, France, Germany,
Iceland, Ireland, Italy, Latvia, the Netherlands, Norway,
Poland, Saudi Arabia, Sweden, Switzerland, and the United
Kingdom;
(10) asbestos will be banned throughout the European Union
in 2005;
(11) the World Trade Organization recently upheld the right
of France to ban asbestos, with the United States Trade
Representative filing a brief in support of the right of France
to ban asbestos;
(12) the 1999 brief by the United States Trade
Representative stated, ``In the view of the United States,
chrysotile asbestos is a toxic material that presents a serious
risk to human health.'';
(13) people in the United States have been exposed to
harmful levels of asbestos as a contaminant of other minerals;
(14) in the town of Libby, Montana, workers and residents
have been exposed to dangerous levels of asbestos for
generations because of mining operations at the W.R. Grace
vermiculite mine located in that town;
(15) the Agency for Toxic Substances and Disease Registry
found that over a 20-year period, ``mortality in Libby
resulting from asbestosis was approximately 40 to 60 times
higher than expected. Mesothelioma mortality was also
elevated.'';
(16)(A) in response to this crisis, in January 2002, the
Governor of Montana requested that the Administrator of the
Environmental Protection Agency designate Libby as a Superfund
site; and
(B) the Administrator is in the process of placing Libby on
the National Priorities List;
(17)(A) vermiculite from Libby was shipped for processing
to 42 States; and
(B) Federal agencies are investigating potential harmful
exposures to asbestos-contaminated vermiculite at sites
throughout the United States; and
(18) although it is impracticable to ban asbestos entirely
because asbestos is a naturally occurring mineral in the
environment and occurs in several deposits throughout the
United States, Congress needs to do more to protect the public
from exposure to asbestos.
SEC. 3. ASBESTOS-CONTAINING PRODUCTS.
(a) In General.--Title II of the Toxic Substances Control Act (15
U.S.C. 2641 et seq.) is amended--
(1) by inserting before section 201 (15 U.S.C. 2641) the
following:
``Subtitle A--General Provisions'';
and
(2) by adding at the end the following:
``Subtitle B--Asbestos-Containing Products
``SEC. 221. DEFINITIONS.
``In this subtitle:
``(1) Asbestos-containing product.--The term `asbestos-
containing product' means any product (including any part) to
which asbestos is deliberately or knowingly added or in which
asbestos is deliberately or knowingly used in any
concentration.
``(2) Contaminant-asbestos product.--The term `contaminant-
asbestos product' means any product that contains asbestos as a
contaminant of any mineral or other substance, in any
concentration.
``(3) Covered person.--The term `covered person' means--
``(A) any individual;
``(B) any corporation, company, association, firm,
partnership, joint venture, sole proprietorship, or
other for-profit or nonprofit business entity
(including any manufacturer, importer, distributor, or
processor);
``(C) any Federal, State, or local department,
agency, or instrumentality; and
``(D) any interstate body.
``(4) Distribute in commerce.--
``(A) In general.--The term `distribute in
commerce' has the meaning given the term in section 3.
``(B) Exclusions.--The term `distribute in
commerce' does not include--
``(i) an action taken with respect to an
asbestos-containing product in connection with
the end use of the asbestos-containing product
by a covered person that is an end user; or
``(ii) distribution of an asbestos-
containing product by a covered person solely
for the purpose of disposal of the asbestos-
containing product.
``(5) Durable fiber.--
``(A) In general.--The term `durable fiber' means a
silicate fiber that--
``(i) occurs naturally in the environment;
and
``(ii) is similar to asbestos in--
``(I) resistance to dissolution;
``(II) leaching; and
``(III) other physical or chemical
processes expected from contact with
lung cells and fluids.
``(B) Inclusions.--The term `durable fiber'
includes--
``(i) richterite;
``(ii) winchite;
``(iii) erionite; and
``(iv) nonasbestiform varieties of
chrysotile, crocidolite, amosite,
anthophyllite, tremolite, and actinolite.
``(6) Fiber.--The term `fiber' means an acicular single
crystal or similarly elongated polycrystalline aggregate
particle with a length to width ratio of 3 to 1 or greater.
``SEC. 222. PANEL ON ASBESTOS AND OTHER DURABLE FIBERS.
``(a) Panel.--
``(1) In general.--The Administrator shall continue the
panel (established by the Administrator and in existence on the
date of enactment of this subtitle) to study asbestos and other
durable fibers.
``(2) Participation.--The Secretary of Labor, the Secretary
of Health and Human Services, and the Chairman of the Consumer
Product Safety Commission shall participate in the activities
of the panel.
``(b) Issues.--The panel shall study and, not later than 2 years
after the date of enactment of this section, provide the Administrator
recommendations for, public education programs relating to--
``(1) the need to establish, for use by all Federal
agencies--
``(A) a uniform asbestos exposure standard; and
``(B) a protocol for measuring and detecting
asbestos;
``(2) the current state of the science relating to the
human health effects of exposure to asbestos and other durable
fibers;
``(3) implementation of subtitle A;
``(4) grant programs under subtitle A;
``(5) revisions to the national emissions standards for
hazardous air pollutants promulgated under the Clean Air Act
(42 U.S.C. 7401 et seq.);
``(6) legislative and regulatory options for improving
consumer and worker protections against harmful health effects
of exposure to asbestos and durable fibers;
``(7) whether the definition of asbestos-containing
material, meaning any material that contains more than 1
percent asbestos by weight, should be modified throughout the
Code of Federal Regulations;
``(8) the feasibility of establishing a durable fibers
testing program;
``(9) options to improve protections against exposure to
asbestos from asbestos-containing products in buildings;
``(10) current research on and technologies for disposal of
asbestos-containing products and contaminant-asbestos products;
and
``(11) at the option of the panel, the effects on human
health that may result from exposure to ceramic, carbon, and
other manmade fibers.
``SEC. 223. STUDY OF ASBESTOS-CONTAINING PRODUCTS AND CONTAMINANT-
ASBESTOS PRODUCTS.
``(a) In General.--In consultation with the Secretary of Labor, the
Chairman of the International Trade Commission, the Chairman of the
Consumer Product Safety Commission, and the Assistant Secretary for
Occupational Safety and Health, the Administrator shall conduct a study
on the status of the manufacture, processing, distribution in commerce,
ownership, importation, and disposal of asbestos-containing products
and contaminant-asbestos products in the United States.
``(b) Issues.--In conducting the study, the Administrator shall
examine--
``(1) how consumers, workers, and businesses use asbestos-
containing products and contaminant-asbestos products that are
entering commerce as of the date of enactment of this subtitle;
and
``(2) whether consumers and workers are being exposed to
unhealthful levels of asbestos through exposure to products
described in paragraph (1).
``(c) Report.--Not later than January 1, 2005, the Administrator
shall submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public Works of
the Senate a report on the results of the study.
``SEC. 224. PROHIBITION ON ASBESTOS-CONTAINING PRODUCTS.
``(a) In General.--Subject to subsection (b), the Administrator
shall promulgate--
``(1) not later than January 1, 2004, proposed regulations
that prohibit covered persons from manufacturing, processing,
or distributing in commerce asbestos-containing products; and
``(2) not later than January 1, 2005, final regulations
that prohibit covered persons from manufacturing, processing,
or distributing in commerce asbestos-containing products.
``(b) Exemptions.--
``(1) In general.--Any person may petition the
Administrator for, and the Administrator may grant an exemption
from the requirements of subsection (a) if the Administrator
determines that--
``(A) the exemption would not result in an
unreasonable risk of injury to public health or the
environment; and
``(B) the person has made good faith efforts to
develop a substance, or identify a mineral, that--
``(i) does not present an unreasonable risk
of injury to public health or the environment;
and
``(ii) may be substituted for an asbestos-
containing product.
``(2) Terms and conditions.--An exemption granted under
this subsection shall be in effect for such period (not to
exceed 1 year) and subject to such terms and conditions as the
Administrator may prescribe.
``(c) Inventory.--
``(1) In general.--Subject to paragraph (3), each covered
person (other than an individual) that possesses an asbestos-
containing product that is subject to the prohibition
established under this section shall establish an inventory of
the asbestos-containing product possessed by the covered person
as of January 1, 2005.
``(2) Contents.--The inventory of a covered person subject
to paragraph (1) shall--
``(A) be in writing; and
``(B) include--
``(i) the type of each asbestos-containing
product possessed by the covered person;
``(ii) the number of product units of each
asbestos-containing product in the inventory of
the covered person; and
``(iii) the location of the product units.
``(3) Records.--The information in an inventory of a
covered person shall be maintained for a period of not less
than 3 years.
``(4) Waiver.--The Administrator may waive the application
of this subsection to an end user that possesses a de minimis
quantity of an asbestos-containing product, as determined by
the Administrator.
``(d) Disposal.--
``(1) In general.--Except as provided in paragraph (2), not
later than June 1, 2005, each covered person that possesses an
asbestos-containing product that is subject to the prohibition
established under this section shall dispose of the asbestos-
containing product, by a means that is in compliance with
applicable Federal, State, and local requirements.
``(2) Exemption.--Nothing in paragraph (1)--
``(A) applies to an asbestos-containing product
that--
``(i) is no longer in the stream of
commerce; or
``(ii) is in the possession of an end user;
or
``(B) requires that an asbestos-containing product
described in subparagraph (A) be removed or replaced.
``SEC. 225. PUBLIC EDUCATION PROGRAM.
``(a) In General.--Not later than March 1, 2005, and subject to
subsection (c), in consultation with the Chairman of the Consumer
Product Safety Commission and the Secretary of Labor, the Administrator
shall establish a program to increase awareness of the dangers posed by
asbestos-containing products and contaminant-asbestos products in the
marketplace, including homes and workplaces.
``(b) Greatest Risks.--In establishing the program, the
Administrator shall--
``(1) base the program on the results of the study
conducted under section 223;
``(2) give priority to asbestos-containing products and
contaminant-asbestos products used by consumers and workers
that pose the greatest risk of injury to human health; and
``(3) at the option of the Administrator on receipt of a
recommendation from the panel, include in the program the
conduct of projects and activities to increase public awareness
of the effects on human health that may result from exposure
to--
``(A) durable fibers; and
``(B) ceramic, carbon, and other manmade fibers.
``(c) Minimal Risks.--If the Administrator determines, on the basis
of the study conducted under section 223, that asbestos-containing
products used by consumers and workers do not pose an unreasonable risk
of injury to human health, the Administrator shall not be required to
conduct a program under this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Vermiculite Insulation.--Not later than 180 days after the date
of enactment of this Act, the Administrator of the Environmental
Protection Agency and the Consumer Product Safety Commission shall
begin a national campaign to educate consumers concerning--
(1) the dangers of vermiculite insulation that may be
contaminated with asbestos; and
(2) measures that homeowners and business owners can take
to protect against those dangers.
SEC. 4. ASBESTOS-CAUSED DISEASES.
Subpart 1 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.) is amended by adding at the end the following:
``SEC. 417D. RESEARCH ON ASBESTOS-CAUSED DISEASES.
``(a) In General.--The Secretary, acting through the Director of
NIH and the Director of the Centers for Disease Control and Prevention
shall expand, intensify, and coordinate programs for the conduct and
support of research on diseases caused by exposure to asbestos,
particularly mesothelioma, asbestosis, and pleural injuries.
``(b) Administration.--The Secretary shall carry out this section--
``(1) through the Director of NIH and the Director of the
CDC (Centers for Disease Control and Prevention); and
``(2) in collaboration with the Administrator of the Agency
for Toxic Substances and Disease Registry and the head of any
other agency that the Secretary determines to be appropriate.
``(c) Registry.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Director of the Centers for
Disease Control and Prevention, in cooperation with the
Director of the National Institute for Occupational Safety and
Health and the Administrator of the Agency for Toxic Substances
and Disease Registry, shall establish a National Mesothelioma
Registry.
``(2) Contents.--The Registry shall contain information on
diseases caused by exposure to asbestos, particularly
mesothelioma.
``(d) Authorization of Appropriations.--In addition to amounts made
available for the purposes described in subsection (a) under other law,
there are authorized to be appropriated to carry out this section such
sums as are necessary for fiscal year 2003 and each fiscal year
thereafter.
``SEC. 417E. MESOTHELIOMA TREATMENT PROGRAMS.
``(a) Funding.--The Secretary, in consultation with the Director of
NIH and the Director of the Centers for Disease Control and Prevention,
shall provide not to exceed $500,000 for each of fiscal years 2003
through 2007 to each institution described in subsection (b) to
strengthen the mesothelioma treatment programs carried out at those
institutions.
``(b) Institutions.--The institutions described in this subsection
are the following:
``(1) The Memorial Sloan-Kettering Hospital, New York, New
York.
``(2) The Karmanos Cancer Institute at Wayne State
University, Detroit, Michigan.
``(3) The University of California at Los Angeles Medical
School, Los Angeles, California.
``(4) The University of Chicago Cancer Research Center,
Chicago, Illinois.
``(5) The University of Pennsylvania Hospital,
Philadelphia, Pennsylvania.
``(6) The University of Texas, through the M.D. Anderson
Cancer Research Center Houston, Texas.
``(7) The University of Washington, Seattle, Washington.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,500,000 for each of fiscal
years 2003 through 2007.''.
SEC. 5. CONFORMING AMENDMENTS.
The table of contents in section 1 of the Toxic Substances Control
Act (15 U.S.C. prec. 2601) is amended--
(1) by inserting before the item relating to section 201
the following:
``Subtitle A--General Provisions'';
and
(2) by adding at the end of the items relating to title II
the following:
``Subtitle B--Asbestos-Containing Products
``Sec. 221. Definitions.
``Sec. 222. Panel on asbestos and other durable fibers.
``Sec. 223. Study of asbestos-containing products and
contaminant-asbestos products.
``Sec. 224. Prohibition on asbestos-containing products.
``Sec. 225. Public education program.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5708-5710)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S5710-5712)
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