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H.R. 5442 (100th): Asbestos Information Act of 1988

The text of the bill below is as of Oct 31, 1988 (Passed Congress).


PUBLIC LAW 100-577—OCT. 31, 1988                                      102 STAT. 2901

Public Law 100-577
100th Congress
                                      An Act
To provide the Environmental Protection Agency and the public with additional                Oct. 31, 1988
                      information about asbestos products.                                   [H.R. 5442]
 Be it enacted by the Senate and House of Representatives                        of the
United States of America in Congress assembled,                                              Asbestos
                                                                                             Information Act
SECTION 1. SHORT TITLE.                                                                      of 1988.
                                                                                             15 u s e 2607
   This Act m a y be cited as t h e "Asbestos Information Act of 1988". note.
SEC. 2. SUBMISSION OF INFORMATION BY MANUFACTURERS.                                          15 u s e 2607
                                                                                             note.
   W i t h i n 90 days after t h e d a t e of t h e e n a c t m e n t of t h i s Act, a n y
person who m a n u f a c t u r e d or processed, before t h e date of t h e
e n a c t m e n t of this Act, asbestos or asbestos-containing m a t e r i a l t h a t
was prepared for sale for use as surfacing m a t e r i a l , t h e r m a l system
insulation, or miscellaneous m a t e r i a l in buildings (or whose cor-
porate predecessor m a n u f a c t u r e d or processed such asbestos or
material) shall submit to t h e A d m i n i s t r a t o r of t h e E n v i r o n m e n t a l
Protection Agency t h e years of m a n u f a c t u r e , t h e types or classes of
product, and, to t h e e x t e n t available, o t h e r identifying characteris-
tics reasonably necessary to identify or distinguish t h e asbestos or
asbestos-containing m a t e r i a l . Such person also m a y submit to t h e
A d m i n i s t r a t o r protocols for samples of asbestos a n d asbestos-
containing m a t e r i a l .
SEC. 3. PUBLICATION OF INFORMATION.                                                        15 u s e 2607
    W i t h i n 30 days after t h e date of t h e e n a c t m e n t of this Act, t h e     note.
A d m i n i s t r a t o r shall publish a notice in t h e Federal Register t h a t         Federal
                                                                                           Register,
explains how, when, a n d w h e r e t h e information specified in section                 publication.
2 is to be submitted. T h e A d m i n i s t r a t o r shall receive and organize
t h e information submitted u n d e r section 2 and, within 180 days
after t h e d a t e of t h e e n a c t m e n t of this Act, shall publish t h e
information. In c a r r y i n g out this section, t h e A d m i n i s t r a t o r m a y
not—
           (1) review t h e information submitted u n d e r section 2 for
      accuracy, or
           (2) analyze such information to d e t e r m i n e w h e t h e r it is
      reasonably necessary to identify or distinguish t h e p a r t i c u l a r
      asbestos or asbestos-containing m a t e r i a l .
SEC. 4. DEFINITIONS.                                                                 15 u s e 2607
                                                                                     note.
  In this Act:
        (1) T h e t e r m "asbestos" m e a n s —
              (A) chrysotile, amosite, or crocidolite, or
              (B) in fibrous form, tremolite, anthophyllite, or actinolite.
        (2) T h e t e r m "asbestos-containing m a t e r i a l " m e a n s any mate-
     rial containing more t h a n one percent asbestos by weight.
        (3) T h e t e r m "identifying characteristics" m e a n s a description
     of asbestos or asbestos-containing m a t e r i a l , including—

102 STAT. 2902 PUBLIC LAW 100-577—OCT. 31, 1988 (A) the mineral or chemical constituents (or both) of the asbestos or material by weight or volume (or both), (B) the types or classes of the product in which the asbestos or material is contained, (C) the designs, patterns, or textures of the product in which the asbestos or material is contained, and (D) the means by which the product in which the asbestos or material is contained may be distinguishable from other products containing asbestos or asbestos-containing material. (4) The term "miscellaneous material" means building mate- rial on structural components, structural members, or fixtures, such as floor and ceiling tiles. The term does not include surfacing material or thermal system insulation. (5) The term "protocol" means any procedure for taking, handling, and preserving samples of asbestos and asbestos- containing material and for testing and analyzing such samples for the purpose of determining the person who manufactured or processed for sale such samples and the identifying characteris- tics of such samples. (6) The term "surfacing material" means material in a build- ing that is sprayed on surfaces, troweled on surfaces, or other- wise applied to surfaces for acoustical, fireproofing, or other purposes, such as acoustical plaster on ceilings and fireproofing material on structural members. (7) The term "thermal system insulation" means material in a building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other structural components to prevent heat loss or gain or water condensation, or for other purposes. Approved October 31, 1988. LEGISLATIVE HISTORY—H.R. 5442: CONGRESSIONAL RECORD, Vol. 134 (1988): Oct. 4, considered and passed House. Oct. 12, considered and passed Senate.