1

 So in original.

Editorial Notes

Amendments

2019—Subsec. (a)(7). Pub. L. 116–92 added par. (7).

2016—Subsec. (a)(2). Pub. L. 114–182, § 8(a)(1)(A), struck out concluding provisions which read as follows: “To the extent feasible, the Administrator shall not require under paragraph (1), any reporting which is unnecessary or duplicative.”

Subsec. (a)(2)(E). Pub. L. 114–182, § 19(g)(1), substituted “information” for “data”.

Subsec. (a)(3)(A)(ii)(I). Pub. L. 114–182, § 19(g)(2), substituted “, an order in effect under section 2603 or 2604(e) of this title, or a consent agreement under section 2603 of this title” for “or an order in effect under section 2604(e) of this title”.

Subsec. (a)(3)(C). Pub. L. 114–182, § 8(a)(1)(B), added subpar. (C).

Subsec. (a)(4) to (6). Pub. L. 114–182, § 8(a)(1)(C), added pars. (4) to (6).

Subsec. (b)(3) to (9). Pub. L. 114–182, § 8(a)(2), added pars. (3) to (9).

Subsec. (b)(10). Pub. L. 114–182, § 8(b), added par. (10).

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 31 of Pub. L. 94–469, set out as a note under section 2601 of this title.

Asbestos Information

Pub. L. 100–577, Oct. 31, 1988, 102 Stat. 2901, provided that:

“SECTION 1.

SHORT TITLE.

“This Act may be cited as the ‘Asbestos Information Act of 1988’.

“SEC. 2.

SUBMISSION OF INFORMATION BY MANUFACTURERS.

“Within 90 days after the date of the enactment of this Act [Oct. 31, 1988], 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.

“SEC. 3.

PUBLICATION OF INFORMATION.

“Within 30 days after the date of the enactment of this Act [Oct. 31, 1988], 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 asbestos or asbestos-containing material.

“SEC. 4.

DEFINITIONS.

“In this Act:

“(1)

The term ‘asbestos’ means—

“(A)

chrysotile, amosite, or crocidolite, or

“(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 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 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.”