107th CONGRESS
2d Session
S.
2641
Honorable George V.
Voinovich
317 Hart Senate Office Building
Washington, DC 20510
To amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing products.
IN
THE SENATE OF
THE UNITED STATES
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,
This Act may be cited as the `Ban Asbestos in America Act of 2002'.
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.
(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:
and
(2) by adding at the end the following:
`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.
`(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.
`(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.
`(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.
`(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.
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:
`(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.
`(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.'.
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:
and
(2) by adding at the end of the items relating to title II the following:
`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.'.
END
