HR 6903 IHCommentsClose CommentsPermalink

To amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing products, and for other purposes.CommentsClose CommentsPermalink

September 15, 2008CommentsClose CommentsPermalink

Mr. GENE GREEN of Texas (for himself, Ms. MCCOLLUM of Minnesota, Ms. SOLIS, Mrs. CAPPS, Ms. BALDWIN, Mr. BUTTERFIELD, Ms. SCHAKOWSKY, Ms. MATSUI, and Mr. COHEN) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing products, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. ASBESTOS-CONTAINING PRODUCTS.

(a) In General- The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE VI--ASBESTOS-CONTAINING PRODUCTSCommentsClose CommentsPermalink

‘SEC. 601. DEFINITIONS.

‘In this title:CommentsClose CommentsPermalink





‘(1) ASBESTOS- The term ‘asbestos’ has the meaning given that term in section 202(3).CommentsClose CommentsPermalink





‘(2) ASBESTOS-CONTAINING PRODUCT- The term ‘asbestos-containing product’ means any product (including any part) to which asbestos is deliberately added, or used, or in which asbestos is otherwise present in any concentration, except concentrations present solely from contamination from--CommentsClose CommentsPermalink





‘(A) ambient air; orCommentsClose CommentsPermalink





‘(B) water that complies with the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and the regulations issued under that Act.CommentsClose CommentsPermalink





‘(3) COSMETIC- The term ‘cosmetic’ has the meaning given that term in section 201 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321).CommentsClose CommentsPermalink





‘(4) DISTRIBUTE IN COMMERCE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The term ‘distribute in commerce’ has the meaning given the term in section 3.CommentsClose CommentsPermalink





‘(B) EXCLUSIONS- The term ‘distribute in commerce’ does not include--CommentsClose CommentsPermalink





‘(i) the sale, introduction or delivery for introduction into commerce, or holding of an asbestos-containing product, or an interest in real property (and improvements thereon), by a person that is an end user;CommentsClose CommentsPermalink





‘(ii) the sale, introduction or delivery for introduction into commerce, or holding of an asbestos-containing product by a person solely for the purpose of disposal of the asbestos-containing product in compliance with applicable Federal, State, and local requirements; orCommentsClose CommentsPermalink





‘(iii) the sale, introduction or delivery for introduction into commerce, or holding of a motor vehicle that was manufactured and sold before the date of enactment of this title and that has an asbestos-containing product installed in or on the motor vehicle.CommentsClose CommentsPermalink





‘(5) DRUG- The term ‘drug’ has the meaning given that term in section 201 of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321).CommentsClose CommentsPermalink





‘(6) MOTOR VEHICLE- The term ‘motor vehicle’ has the meaning given that term in section 30102(a)(6) of title 49, United States Code.CommentsClose CommentsPermalink





‘(7) PERSON- The term ‘person’ means--CommentsClose CommentsPermalink





‘(A) any individual;CommentsClose CommentsPermalink





‘(B) any trust, corporation (including a government corporation), company, association, firm, partnership, joint venture, sole proprietorship, or other for-profit or nonprofit business entity (including any manufacturer, importer, distributor, or processor);CommentsClose CommentsPermalink





‘(C) any Federal, State, or local department, agency, or instrumentality; andCommentsClose CommentsPermalink





‘(D) any interstate body.CommentsClose CommentsPermalink

‘SEC. 602. PUBLIC EDUCATION PROGRAM.

‘(a) In General- Not later than 1 year after the date of enactment of this title, the Administrator, in consultation with the Chairman of the Consumer Product Safety Commission, the Director of the Centers for Disease Control and Prevention, the Secretary of Labor, and other appropriate Federal agencies, shall establish a plan and initiate a program--CommentsClose CommentsPermalink





‘(1) to increase awareness of the dangers posed by--CommentsClose CommentsPermalink





‘(A) asbestos-containing products in homes and workplaces; andCommentsClose CommentsPermalink





‘(B) asbestos-related diseases;CommentsClose CommentsPermalink





‘(2) to provide current and comprehensive information to asbestos-related disease patients, family members of patients, and front-line health care providers on--CommentsClose CommentsPermalink





‘(A) the dangers of asbestos exposure;CommentsClose CommentsPermalink





‘(B) asbestos-related labeling information;CommentsClose CommentsPermalink





‘(C) health effects of exposure to asbestos;CommentsClose CommentsPermalink





‘(D) symptoms of asbestos exposure; andCommentsClose CommentsPermalink





‘(E) available and developing treatments for asbestos-related diseases, including clinical trials;CommentsClose CommentsPermalink





‘(3) to encourage asbestos-related disease patients, family members of patients, and front-line health care providers to participate in research and treatment endeavors relating to asbestos; andCommentsClose CommentsPermalink





‘(4) to encourage health care providers and researchers to provide to asbestos-related disease patients and family members of patients information relating to research, diagnostic, and clinical treatments relating to asbestos.CommentsClose CommentsPermalink





‘(b) Greatest Risks- In establishing the program, the Administrator shall give priority to asbestos-containing products used by consumers and workers that present or will present the greatest risk of injury to human health.CommentsClose CommentsPermalink





‘(c) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink

‘SEC. 603. PROHIBITION ON ASBESTOS-CONTAINING PRODUCTS.

‘(a) Prohibition-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Subject to subsection (b), no person shall import, manufacture, process, or distribute in commerce asbestos-containing products.CommentsClose CommentsPermalink





‘(2) EFFECTIVE DATE- The prohibition under paragraph (1) shall take effect 2 years after the date of enactment of this title.CommentsClose CommentsPermalink





‘(b) Exemptions-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) PETITION- Any person may petition the Administrator for an exemption from the requirements of subsection (a) for an asbestos-containing product and the Administrator may grant, by rule, such an exemption if the Administrator finds that--CommentsClose CommentsPermalink





‘(i) the use of the asbestos-containing product will not present an unreasonable risk of injury to health or the environment;CommentsClose CommentsPermalink





‘(ii) there is no alternative to the asbestos-containing product that is the subject of the petition; andCommentsClose CommentsPermalink





‘(iii) the use of the asbestos-containing product is in compliance with all Federal and State laws and regulations.CommentsClose CommentsPermalink





‘(B) TERMS AND CONDITIONS- An exemption granted under this paragraph shall be in effect for such period (not to exceed a total of 3 years) and subject to such terms and conditions as the Administrator may prescribe.CommentsClose CommentsPermalink





‘(C) INFORMATION ON USERS- Any person seeking an exemption under this paragraph from the requirements of subsection (a) for an asbestos-containing product shall include in the petition to the Administrator the names of any manufacturer, importer, distributor, or processor of the asbestos-containing product known to the person seeking the exemption at the time of submission of the petition.CommentsClose CommentsPermalink





‘(2) GOVERNMENTAL USE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- An exemption from the requirements of subsection (a) shall apply, only to the extent necessary for the critical functions described in a certification provided under clause (i) or (ii), if the exemption is--CommentsClose CommentsPermalink





‘(i) sought by the Secretary of Defense, and the Secretary provides a copy of a certification to the Administrator and Congress that--CommentsClose CommentsPermalink





‘(I) describes the scope of each use of the asbestos-containing product, and certifies that each use is necessary to the critical functions of the Department of Defense;CommentsClose CommentsPermalink





‘(II) certifies that no reasonable alternatives to the asbestos-containing product exist for the intended uses;CommentsClose CommentsPermalink





‘(III) certifies that use of the asbestos-containing product will not present an unreasonable risk of injury to health or the environment; andCommentsClose CommentsPermalink





‘(IV) certifies that the use of the asbestos-containing product is in compliance with all Federal laws and regulations; orCommentsClose CommentsPermalink





‘(ii) sought by the Administrator of the National Aeronautics and Space Administration, and the Administrator of the National Aeronautics and Space Administration provides a copy of a certification to the Administrator and Congress that--CommentsClose CommentsPermalink





‘(I) certifies that the asbestos-containing product is necessary to the critical functions of the National Aeronautics and Space Administration;CommentsClose CommentsPermalink





‘(II) certifies that no reasonable alternatives to the asbestos-containing product exist for the intended use;CommentsClose CommentsPermalink





‘(III) certifies that the use of the asbestos-containing product will not present an unreasonable risk of injury to health or the environment; andCommentsClose CommentsPermalink





‘(IV) certifies that the use of the asbestos-containing product is in compliance with all Federal laws and regulations.CommentsClose CommentsPermalink





‘(B) CONTENTS- A certification required under subparagraph (A) shall include a description of the critical functions, and shall identify any authorized manufacturer, importer, distributer, or contract-authorized user of the exemption on behalf of the Department of Defense or the National Aeronautics and Space Administration.CommentsClose CommentsPermalink





‘(C) LIMITATION- A certification under this paragraph shall not be effective for more than 5 years, unless the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration recertifies within 5 years after a prior certification.CommentsClose CommentsPermalink





‘(3) DIAPHRAGMS FOR EXISTING CHLOR-ALKALI ELECTROLYSIS INSTALLATIONS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The requirements of subsection (a) shall not apply to any chlor-alkali electrolysis installation in existence and using asbestos diaphragms as of the date of enactment of this title, or to caustic soda produced at such an installation that contains asbestos in an amount less than .01 percent.CommentsClose CommentsPermalink





‘(B) REVIEW-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than 3 years after the date of enactment of this title, and every 6 years thereafter, the Administrator shall review the exemption provided under subparagraph (A) to determine the appropriateness of the exemption.CommentsClose CommentsPermalink





‘(ii) SCOPE- In conducting the review of the exemption provided under subparagraph (A), the Administrator shall examine whether the chlor-alkali electrolysis installation presents or will present an unreasonable risk of injury to health or the environment, including the risk of injury to an individual relating to the operation by the individual of each chlor-alkali electrolysis installation described in subparagraph (A).CommentsClose CommentsPermalink





‘(iii) PUBLIC PARTICIPATION- In conducting the review of the exemption provided under subparagraph (A), the Administrator shall provide public notice and a 30-day period of public comment.CommentsClose CommentsPermalink





‘(C) DECISION RELATING TO EXTENSION OF EXEMPTION- Upon completion of a review of a chlor-alkali electrolysis installation under subparagraph (B)(i), if the Administrator determines that the chlor-alkali electrolysis installation presents or will present an unreasonable risk of injury to health or the environment, the Administrator shall terminate the exemption provided to the electrolysis installation under subparagraph (A).CommentsClose CommentsPermalink





‘(4) AGGREGATE PRODUCTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Subsection (a)(1) shall not apply to aggregate products (extracted from stone, sand, or gravel operations) that--CommentsClose CommentsPermalink





‘(i) are imported, manufactured, processed, or distributed in commerce for the uses described in subparagraph (D) of this paragraph; andCommentsClose CommentsPermalink





‘(ii) have been tested using a test method established under subparagraph (B) and determined to have an asbestos content that is less than--CommentsClose CommentsPermalink





‘(I) 0.25 percent; orCommentsClose CommentsPermalink





‘(II) if a lower asbestos content level has been established by the Administrator under subparagraph (C), such level.CommentsClose CommentsPermalink





‘(B) ASBESTOS TEST METHOD- (i) Not later than 1 year after the date of enactment of this title, the Administrator shall issue guidance establishing the test method, including the sampling frequency, for purposes of compliance with this paragraph. In developing the test method under this clause, the Administrator shall evaluate and take into account--CommentsClose CommentsPermalink





‘(I) the most accurate and precise test methods for sampling and analysis of asbestos-containing aggregate products;CommentsClose CommentsPermalink





‘(II) actual and potential human exposures to asbestos-containing aggregate products; andCommentsClose CommentsPermalink





‘(III) activity-based monitoring of asbestos-containing aggregate products.CommentsClose CommentsPermalink





‘(ii) Not later than 3 years after the date of enactment of this title, and at least every 3 years thereafter, the Administrator shall promulgate final regulations establishing the test method, including the sampling frequency, for purposes of compliance with this paragraph. In establishing the test method under this clause, the Administrator shall evaluate and take into account the factors described in clause (i)(I) through (III).CommentsClose CommentsPermalink





‘(iii) No person shall import or distribute in commerce any aggregate product (extracted from stone, sand, or gravel operations) unless a test has been performed on the product using the test method established under this subparagraph.CommentsClose CommentsPermalink





‘(C) REVIEW AND REVISION OF CONTENT LEVEL- Not later than 3 years after the date of enactment of this title, and at least every 3 years thereafter, the Administrator shall review the currently effective asbestos content level under subparagraph (A)(i)(I) or (II) and determine whether the level for aggregate products results in asbestos exposures that are not protective of human health and the environment. If the Administrator determines that the asbestos content level results in exposures that are not protective of human health and the environment, the Administrator shall promulgate regulations establishing a lower asbestos content level within 3 years of the Administrator’s determination.CommentsClose CommentsPermalink





‘(D) USES FOR EXEMPTED AGGREGATE PRODUCTS- Aggregate products are exempted under subparagraph (A) only to the extent that they are imported, manufactured, processed, or distributed in commerce for use--CommentsClose CommentsPermalink





‘(i) as an integral part of asphalt concrete;CommentsClose CommentsPermalink





‘(ii) as an integral part of Portland cement concrete; orCommentsClose CommentsPermalink





‘(iii) as an integral part of other similarly cemented materials.CommentsClose CommentsPermalink





‘(E) RECEIPT TO RECIPIENT- Any person who imports, manufactures, processes, or distributes in commerce aggregate products exempted pursuant to this paragraph shall provide to each recipient of such products a written receipt that includes the following information:CommentsClose CommentsPermalink





‘(i) The amount of such products provided to the recipient.CommentsClose CommentsPermalink





‘(ii) The date the products were provided to the recipient.CommentsClose CommentsPermalink





‘(iii) A certification that the products have been tested pursuant to this paragraph and determined to have an asbestos content of less than the currently effective asbestos content level under subparagraph (A)(i)(II) or (II).CommentsClose CommentsPermalink





‘(5) CALCIUM CARBONATE, OLIVINE, TALC, VERMICULITE, AND WOLLASTONITE-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (D), subsection (a)(1) shall not apply to calcium carbonate, olivine, talc, vermiculite, and wollastonite, including any product containing calcium carbonate, olivine, talc, vermiculite, or wollastonite, that has been tested using a test method established under subparagraph (B) and determined to have an asbestos content that is less than--CommentsClose CommentsPermalink





‘(i) 0.001 percent; orCommentsClose CommentsPermalink





‘(ii) if a lower asbestos content level has been established by the Administrator under subparagraph (C), such level.CommentsClose CommentsPermalink





‘(B) ASBESTOS TEST METHOD- (i) Not later than 1 year after the date of enactment of this title, the Administrator shall issue guidance establishing the test method, including the sampling frequency, for purposes of compliance with this paragraph. In developing the test method under this clause, the Administrator shall evaluate and take into account--CommentsClose CommentsPermalink





‘(I) the most accurate and precise test methods for sampling and analysis of asbestos-containing calcium carbonate, olivine, talc, vermiculite, and wollastonite;CommentsClose CommentsPermalink





‘(II) actual and potential human exposures to asbestos-containing calcium carbonate, olivine, talc, vermiculite, and wollastonite; andCommentsClose CommentsPermalink





‘(III) activity-based monitoring of asbestos-containing calcium carbonate, olivine, talc, vermiculite, and wollastonite.CommentsClose CommentsPermalink





‘(ii) Not later than 3 years after the date of enactment of this title, the Administrator shall promulgate final regulations establishing the test method, including the sampling frequency, for purposes of compliance with this paragraph. In establishing the test method under this clause, the Administrator shall evaluate and take into account the factors described in clause (i)(I) through (III).CommentsClose CommentsPermalink





‘(iii) Not later than 3 years after the date of promulgation of final regulations under clause (ii), and at least every 3 years thereafter, the Administrator shall evaluate the currently effective test method established under those regulations to determine whether the test method should be revised, taking into account the factors described in clause (i)(I) through (III). If the Administrator determines that the test method should be revised, the Administrator shall promulgate regulations establishing a new test method for purposes of compliance with this paragraph.CommentsClose CommentsPermalink





‘(iv) No person shall import or distribute in commerce any calcium carbonate, olivine, talc, vermiculite, or wollastonite unless it has been tested using the test method established under this subparagraph.CommentsClose CommentsPermalink





‘(C) REVIEW AND REVISION OF CONTENT LEVEL- Not later than 3 years after the date of enactment of this title, and at least every 3 years thereafter, the Administrator shall review the asbestos content level under subparagraph (A)(i) or (ii) for calcium carbonate, olivine, talc, vermiculite, and wollastonite and determine whether the level is protective of human health and the environment. If the Administrator determines that the asbestos content level is not protective of human health and the environment, the Administrator shall promulgate regulations establishing a lower asbestos content level.CommentsClose CommentsPermalink





‘(D) PROHIBITED USES- Notwithstanding subparagraph (A) and any other provision of this Act, subsection (a)(1) shall apply to asbestos-containing calcium carbonate, olivine, talc, vermiculite, and wollastonite imported, manufactured, processed, or distributed in commerce for use in, or for processing--CommentsClose CommentsPermalink





‘(i) food that is intended for human consumption;CommentsClose CommentsPermalink





‘(ii) products used by individuals for personal health or cosmetic reasons, including soaps and shampoos;CommentsClose CommentsPermalink





‘(iii) drugs for use with respect to humans;CommentsClose CommentsPermalink





‘(iv) consumer garden products;CommentsClose CommentsPermalink





‘(v) cosmetics;CommentsClose CommentsPermalink





‘(vi) products designed or intended primarily for use by children 12 years of age or younger; orCommentsClose CommentsPermalink





‘(vii) any other product with respect to which the Administrator has determined the presence of asbestos-containing calcium carbonate, olivine, talc, vermiculite, or wollastonite endangers human health or the environment.CommentsClose CommentsPermalink





‘(E) RECEIPT TO RECIPIENT- Any person who imports, manufactures, processes, or distributes in commerce calcium carbonate, olivine, talc, vermiculite, or wollastonite exempted pursuant to this paragraph shall provide to each recipient of such mineral products a written receipt that includes the following information:CommentsClose CommentsPermalink





‘(i) The amount of such mineral products provided to the recipient.CommentsClose CommentsPermalink





‘(ii) The date the mineral products were provided to the recipient.CommentsClose CommentsPermalink





‘(iii) A certification that the mineral products have been tested pursuant to this paragraph and determined to have an asbestos content of less than the currently effective asbestos content level under subparagraph (A)(i) or (ii), which shall include a statement indicating the asbestos content level found through such tests.CommentsClose CommentsPermalink





‘(F) ADDITIONAL MINERALS- The Administrator may, by rule, add an additional mineral to the list of minerals subject to this paragraph if the Administrator determines that any mined deposit of the mineral is associated with asbestos.CommentsClose CommentsPermalink





‘(6) TACONITE PELLETS- Subsection (a)(1) shall not apply to taconite pellets or iron ore that will be used to produce taconite pellets. The exemption under this paragraph shall not apply to tailings, waste material, or other byproducts of iron ore extraction.CommentsClose CommentsPermalink





‘(c) Disposal-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Except as provided in paragraph (2), not later than 3 years after the date of enactment of this title, each person that is subject to the prohibition established under this section that possesses an asbestos-containing product shall dispose of the asbestos-containing product, by a means that is in compliance with applicable Federal, State, and local requirements.CommentsClose CommentsPermalink





‘(2) EXEMPTION- Nothing in paragraph (1) requires that an asbestos-containing product be removed or replaced.CommentsClose CommentsPermalink





‘(d) Compliance Testing-CommentsClose CommentsPermalink





‘(1) IN GENERAL- In accordance with paragraph (2), not later than 1 year after the date on which the prohibition takes effect under subsection (a), and annually thereafter, to ensure compliance with this section, the Administrator shall carry out tests on an appropriate quantity of products, as determined by the Administrator, to determine if the products are asbestos-containing products.CommentsClose CommentsPermalink





‘(2) APPROPRIATE TEST METHODOLOGIES- In carrying out the compliance testing under paragraph (1), the Administrator shall use the appropriate test methodology for each product that is the subject of the compliance testing.CommentsClose CommentsPermalink





‘(3) ANNUAL REPORT-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Upon completion of each annual testing period described in paragraph (1), the Administrator shall prepare a report for the annual testing period covered by the report, describing those products that are asbestos-containing products.CommentsClose CommentsPermalink





‘(B) PUBLIC AVAILABILITY- Not later than 90 days after the date of completion of each annual testing period described in paragraph (1), the Administrator shall make the report for the annual testing period covered by the report available to the public.CommentsClose CommentsPermalink





‘(e) Savings Clause- Except as specifically provided in this title, nothing in this title shall be construed to override, change, or otherwise affect the obligations of any person, including a Federal agency, to comply with the regulations contained in part 763 of title 40 of the Code of Federal Regulations.CommentsClose CommentsPermalink

‘SEC. 604. CRIMINAL PENALTY.

‘Notwithstanding section 16(b), any person who knowingly or willfully violates any provision of this title shall, in addition to or in lieu of any civil penalty which may be imposed under section 16(a) for such violation, be subject, upon conviction, to a fine of not more than $25,000 for each day of violation, or to imprisonment for not more than 5 years, or both.CommentsClose CommentsPermalink

‘SEC. 605. CITIZEN PETITIONS.

‘(a) In General- Any person may petition the Administrator to initiate a proceeding for the issuance, amendment, or repeal of a rule or order under this title.CommentsClose CommentsPermalink





‘(b) Filing and Contact- Such petition shall be filed in the principal office of the Administrator and shall set forth the facts which it is claimed establish that it is necessary to issue, amend, or repeal a rule or order under this title.CommentsClose CommentsPermalink





‘(c) Hearing or Investigation- The Administrator may hold a public hearing or may conduct such investigation or proceeding as the Administrator deems appropriate in order to determine whether or not such petition should be granted.CommentsClose CommentsPermalink





‘(d) Granting or Denial- Within 90 days after filing of a petition described in subsection (a), the Administrator shall either grant or deny the petition. If the Administrator grants such petition, the Administrator shall promptly commence an appropriate proceeding in accordance with this title. If the Administrator denies such petition, the Administrator shall publish in the Federal Register the Administrator’s reasons for such denial. The granting or denial of a petition under this subsection shall not affect any deadline or other requirement of this title.CommentsClose CommentsPermalink

‘SEC. 606. STATE AND FEDERAL LAW.

‘(a) No Preemption- Nothing in this title or any regulation issued under this title shall be construed, interpreted, or applied to--CommentsClose CommentsPermalink





‘(1) preempt, displace, or supplant any other State or Federal law, whether statutory or common, or any action based on such a law; orCommentsClose CommentsPermalink





‘(2) preempt a State from establishing any additional liability or more stringent requirements with respect to asbestos within such State.CommentsClose CommentsPermalink





‘(b) No Federal Cause of Action- Nothing in this title creates a cause of action, or in any other way increases or diminishes the liability of any person, under any other law.CommentsClose CommentsPermalink





‘(c) Intent of Congress- It is not the intent of Congress that this title or rules, regulations, or orders issued pursuant to this title be interpreted as influencing, in either the plaintiff’s or defendant’s favor, the disposition of any civil action for damages relating to asbestos.CommentsClose CommentsPermalink





‘(d) Drinking Water- Nothing in this title shall be construed, interpreted, or applied to prohibit the importation, manufacture, processing, or distribution in commerce of drinking water in a manner that complies with the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and regulations issued under that Act.’.CommentsClose CommentsPermalink





(b) Definition Amendments- Section 202(3) of such Act (15 U.S.C. 2642(3)) is amended--CommentsClose CommentsPermalink





(1) in each of subparagraphs (A) through (D), by striking the commas at the end of the subparagraphs and inserting semicolons;CommentsClose CommentsPermalink





(2) in subparagraph (E), by striking ‘, or’ and inserting a semicolon;CommentsClose CommentsPermalink





(3) in subparagraph (F), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(4) by adding at the end the following:CommentsClose CommentsPermalink





‘(G) any material formerly classified as tremolite, including--CommentsClose CommentsPermalink





‘(i) winchite asbestos; andCommentsClose CommentsPermalink





‘(ii) richterite asbestos; andCommentsClose CommentsPermalink





‘(H) any asbestiform amphibole mineral.’.CommentsClose CommentsPermalink





(c) Conforming Amendments- (1) The table of contents in sections 1 of the Toxic Substances Control Act (15 U.S.C. prec. 2601) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘TITLE VI--ASBESTOS-CONTAINING PRODUCTS

‘Sec. 601. Definitions.CommentsClose CommentsPermalink





‘Sec. 602. Public education program.CommentsClose CommentsPermalink





‘Sec. 603. Prohibition on asbestos-containing products.CommentsClose CommentsPermalink





‘Sec. 604. Criminal penalty.CommentsClose CommentsPermalink





‘Sec. 605. Citizen petitions.CommentsClose CommentsPermalink





‘Sec. 606. State and Federal law.’.CommentsClose CommentsPermalink





(2) Section 7(a) of such Act (15 U.S.C. 2606(a)) is amended by inserting ‘or title VI’ after ‘or title IV’ both places it appears.CommentsClose CommentsPermalink





(3) Section 11(a) and (b) of such Act (15 U.S.C. 2610(a) and (b)) are amended by inserting ‘or title VI’ after ‘to title IV’ both places it appears.CommentsClose CommentsPermalink





(4) Section 13(a)(1)(B) of such Act (15 U.S.C. 2612(a)(1)(B)) is amended by inserting ‘or title VI’ after ‘or title IV’ each place it appears.CommentsClose CommentsPermalink





(5) Section 15(1) of such Act (15 U.S.C. 2614(1)) is amended by inserting ‘or title VI’ after ‘title II’ both places it appears.CommentsClose CommentsPermalink





(6) Section 15(2) of such Act (15 U.S.C. 2614(2)) is amended--CommentsClose CommentsPermalink





(A) by inserting ‘or title VI’ after ‘section 5 or 6’ both places it appears; andCommentsClose CommentsPermalink





(B) by inserting ‘or title VI’ after ‘section 5 or 7’.CommentsClose CommentsPermalink





(7) Section 17 of such Act (15 U.S.C. 2616) is amended by inserting ‘or title VI’ after ‘title IV’ each place it appears.CommentsClose CommentsPermalink





(8) Section 19(a)(1)(A) of such Act (15 U.S.C. 2618(a)(1)(A)) is amended by striking ‘title II or IV’ and inserting ‘title II, IV, or VI’.CommentsClose CommentsPermalink





(9) Section 19(a)(3)(B) of such Act (15 U.S.C. 2618(a)(3)(B)) is amended by inserting ‘or title VI’ after ‘under title IV’.CommentsClose CommentsPermalink





(10) Section 20(a)(1) of such Act (15 U.S.C. 2619(a)(1)) is amended by striking ‘title II or IV’ both places it appears and inserting ‘title II, IV, or VI’.CommentsClose CommentsPermalink