S. 5235

119 S5235 IS: Alan Reinstein Ban Asbestos Now Act of 2026
 U.S. Senate
 2026-08-04
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 5235  IN THE SENATE OF THE UNITED STATES   August 4, 2026   Mr. Merkley  (for himself and  Mr. Curtis ) 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 prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos and mixtures and articles containing commercial asbestos, and for other purposes.
1.
Short title
This Act may be cited as the   Alan Reinstein Ban Asbestos Now Act of 2026  .
2.
Commercial asbestos ban
Section 6 of the Toxic Substances Control Act ( 15 U.S.C. 2605 ) is amended—
(1)
by redesignating subsection (j) as subsection (k); and
(2)
by inserting after subsection (i) the following:
(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 2026 ; 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 2026 , no person may manufacture, process, use, or distribute in commerce commercial asbestos or any mixture or article containing commercial asbestos.
(4)
Chlor-alkali industry
(A)
In general
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 2026 , until May 25, 2032, and subject to subparagraph (D)—
(i)
use, hold, or process commercial asbestos fibers solely for the purpose of manufacturing diaphragms for use in the chlor-alkali process; and
(ii)
use asbestos diaphragms in chlor-alkali production.
(B)
Extension
The date specified in subparagraph (A) shall be extended until May 25, 2036, with respect to any person who meets all of the following criteria:
(i)
On May 28, 2024, the person owned or operated more than one facility that used chrysotile asbestos in chlor-alkali production.
(ii)
Between May 28, 2024, and May 28, 2029, the person has ceased all processing, distribution in commerce, and commercial use of chrysotile asbestos at one or more facilities that has undergone conversion to non-chrysotile asbestos membrane technology.
(C)
Statutory preclusion
An owner or operator of a chlor-alkali facility described in subparagraph (A) shall comply with the requirements of this paragraph in lieu of all requirements of—
(i)
section 751.505 of title 40, Code of Federal Regulations; and
(ii)
section 751.507 of title 40, Code of Federal Regulations.
(D)
Interim exposure controls
(i)
In general
An owner or operator of a chlor-alkali facility described in subparagraph (A) shall, throughout the period of the authorization described in subparagraph (A), or, if applicable, subparagraph (B), comply with the interim exposure-control requirements applicable to the use of commercial asbestos in the chlor-alkali process.
(ii)
Requirements
For purposes of clause (i), the interim exposure-control requirements—
(I)
shall be the requirements applicable to the use of commercial asbestos in the chlor-alkali process, excluding the requirements described in subparagraph (C), that are in effect on the date of enactment of the  Alan Reinstein Ban Asbestos Now Act of 2026 ; and
(II)
shall continue to apply as requirements of this subsection without regard to whether those requirements remain in effect under any other provision of law (including regulations).
(5)
Sheet gasket phase-out
Notwithstanding paragraph (3), the processing, use, and distribution in commerce of commercial asbestos sheet gaskets shall be subject to the applicable conditions, restrictions, and compliance dates established by the Administrator in subpart F of part 751 of title 40, Code of Federal Regulations (as in effect on the date of enactment of the  Alan Reinstein Ban Asbestos Now Act of 2026 ).
(6)
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.
(B)
Duration
(i)
In general
The period of an exemption granted under subparagraph (A) shall not exceed 3 years.
(ii)
Extension
The President may, in accordance with subparagraph (A), extend an exemption granted under that subparagraph once, for a period not to exceed 3 years.
(C)
Terms and conditions
An exemption granted under this paragraph (including any extension granted under subparagraph (B)(ii)) shall include such terms and conditions as are necessary to achieve the maximum extent practicable reduction in exposure to commercial asbestos.
(D)
Publication
(i)
Applications
Not later than 30 days after receipt of an application for an exemption under this paragraph (including an extension under subparagraph (B)(ii)), the President shall publish the application in the Federal Register.
(ii)
Exemptions
Not later than 30 days after granting an exemption under this paragraph (including an extension under subparagraph (B)(ii)), the President shall publish in the Federal Register—
(I)
a notice of the exemption; and
(II)
the terms and conditions included under subparagraph (C).
(iii)
Exception
The President, 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—
(I)
shall not publish that information in the Federal Register; but
(II)
shall provide that information to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives.
(E)
Application of waiver authority
Notwithstanding section 22, the Administrator may not issue a waiver under that section with respect to commercial asbestos.
(7)
Metal ore mining
Nothing in this subsection prohibits the extraction, beneficiation, or mineral processing of ores in the metal ore mining industry.
 .