Ban Asbestos in America Act: Diaphragms for Existing Electrolysis Installations

(4) DIAPHRAGMS FOR EXISTING ELECTROLYSIS INSTALLATIONS

(A) IN GENERAL- The requirements of subsection (a) shall not apply to any diaphragm electrolysis installation in existence as of the date of enactment of this subtitle.

(B) REVIEW-

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

(ii) SCOPE- In conducting the review of the exemption provided under subparagraph

(A), the Administrator shall examine the risk of injury to an individual relating to the operation by the individual of each diaphragm electrolysis installation described in subparagraph (A).

(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.

(C) DECISION RELATING TO EXTENSION OF EXEMPTION- Upon completion of a review of a diaphragm electrolysis installation under subparagraph (B)(i), if the Administrator determines that the diaphragm electrolysis installation poses an unreasonable risk of injury to health or the environment, the Administrator may terminate the exemption provided to the diaphragm electrolysis installation under subparagraph (A).