« PreviousContinue »
CERTAIN PROVISIONS OF LAW RELATED TO ASBESTOS
ASBESTOS INFORMATION ACT OF 1988 1
SECTION 1. SHORT TITLE.
This Act may be cited as the "Asbestos Information Act of 1988”. (15 U.S.C. 2607 note) SEC. 2. SUBMISSION OF INFORMATION BY MANUFACTURERS.
Within 90 days after the date of the enactment of this Act, any person who manufactured or processed, before the date of the enactment of this Act, asbestos or asbestos-containing material that was prepared for sale for use as surfacing material, thermal system insulation, or miscellaneous material in buildings (or whose corporate predecessor manufactured or processed such asbestos or material) shall submit to the Administrator of the Environmental Protection Agency the years of manufacture, the types or classes of product, and, to the extent available, other identifying characteristics reasonably necessary to identify or distinguish the asbestos or asbestos-containing material. Such person also may submit to the Administrator protocols for samples of asbestos and asbestos-containing material. (15 U.S.C. 2607 note) SEC. 3. PUBLICATION OF INFORMATION.
Within 30 days after the date of the enactment of this Act, the Administrator shall publish a notice in the Federal Register that explains how, when, and where the information specified in section 2 is to be submitted. The Administrator shall receive and organize the information submitted under section 2 and, within 180 days after the date of the enactment of this Act, shall publish the information. In carrying out this section, the Administrator may not
(1) review the information submitted under section 2 for accuracy, or
(2) analyze such information to determine whether it is reasonably necessary to identify or distinguish the particular (A) chrysotile, amosite, or crocidolite, or
asbestos or asbestos-containing material. (15 U.S.C. 2607 note) SEC. 4. DEFINITIONS. In this Act:
(1) The term “asbestos” means
The Asbestos Information Act of 1988 is Public Law 100–577 (Oct. 31, 1988; 102 Stat. 2901).
(B) in fibrous form, tremolite, anthophyllite, or actinolite.
(2) The term "asbestos-containing material” means any material containing more than one percent asbestos by weight.
(3) The term "identifying characteristics” means a description of asbestos or asbestos-containing material, including
(A) the mineral or chemical constitutents (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 asebestos-containing material.
(4) The term "miscellaneous material" means building material 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 characteristics of such samples.
(6) The term "surfacing material" means material in a building that is sprayed on surfaces, troweled on surfaces, or otherwise 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. (15 U.S.C. 2607 note]
PROVISIONS OF THE ASBESTOS HAZARD EMERGENCY RESPONSE ACT OF 1986 (PUBLIC LAW 99-519) THAT DID NOT AMEND THE TOXIC SUBSTANCES CONTROL ACT
(b)(1) Notwithstanding section 505(c) of the Asbestos School Hazard Abatement Act of 1984, for fiscal years 1988 and 1989 the Administrator shall provide financial assistance under section 505 of such Act in the form of grants to States or local educational agencies to carry out inspections for asbestos-containing material in school buildings and preparation of management plans for school buildings under this title.
(2) Not more than 2 percent of any grant awarded to a State pursuant to paragraph (1) may be used by the State for administrative purposes. For purposes of the preceding sentence, administrative purposes do not include salaries of persons who inspect for asbestos-containing material or assist in the preparation of management plans.
(3) In determining which local educational agencies to approve grants for, the Administrator shall take into account the financial need of the agency. Of the amount available under the Asbestos School Hazard Abatement Act of 1984 for fiscal years 1988 and 1989, not more than 10 percent may be obligated for the purposes described in this subsection. (20 U.S.C. 4014 note) SEC. 5. ASBESTOS TRUST FUND.
(a) CREATION OF TRUST FUND.—There is established in the Treasury of the United States a trust fund to be known as the “Asbestos Trust Fund”, consisting of such amounts as may be transferred or credited to such Trust Fund as provided in this section. (b) TRANSFERS TO TRUST FUND.
(1) TRANSFER.—There are hereby transferred to the Asbestos Trust Fund amounts equivalent to
(A) amounts received in the Treasury on or after January 1, 1987, as repayments of loans made under section 505 of the Asbestos School Hazard Abatement Act of 1984 (Public Law 98–377; 20 U.S.C. 4011 et seq.),
(B) amounts received as deposits from local educational agencies under section 207(a) of the Toxic Substances Control Act (as added by section 2 of this Act), and