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`SEC. 221. BAN OF ASBESTOS CONTAINING PRODUCTS.
`(a) Definitions- In this chapter:
`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency.
`(2) ASBESTOS- The term `asbestos' includes--
`(F) richterite asbestos;
`(G) anthophyllite asbestos;
`(H) actinolite asbestos;
`(I) any of the minerals listed under subparagraphs (A) through (H) that has been chemically treated or altered, and any asbestiform variety, type or component thereof.
`(3) ASBESTOS CONTAINING PRODUCT- The term `asbestos containing product' means any product (including any part) to which asbestos is deliberately or knowingly added or used because the specific properties of asbestos are necessary for product use or function. Under no circumstances shall the term `asbestos containing product' be construed to include products that contain de minimus levels of naturally occurring asbestos as defined by the Administrator not later than 1 year after the date of enactment of this chapter.
`(4) DISTRIBUTE IN COMMERCE- The term `distribute in commerce'--
`(A) has the meaning given the term in section 3 of the Toxic Substances Control Act (15 U.S.C. 2602); and
`(i) an action taken with respect to an asbestos containing product in connection with the end use of the asbestos containing product by a person that is an end user, or an action taken by a person who purchases or receives a product, directly or indirectly from an end user; or
`(ii) distribution of an asbestos containing product by a person solely for the purpose of disposal of the asbestos containing product in compliance with applicable Federal, State, and local requirements.
`(b) In General- Subject to subsection (c), the Administrator shall promulgate--
`(1) not later than 1 year after the date of enactment of this chapter, proposed regulations that--
`(A) prohibit persons, from manufacturing, processing, or distributing in commerce asbestos containing products; and
`(B) provide for implementation of subsections (c) and (d); and
`(2) not later than 2 years after the date of enactment of this chapter, final regulations that, effective 60 days after the date of promulgation, prohibit persons from manufacturing, processing, or distributing in commerce asbestos containing products.
`(1) IN GENERAL- Any person may petition the Administrator for, and the Administrator may grant an exemption from the requirements of subsection (b), if the Administrator determines that--
`(A) the exemption would not result in an unreasonable risk of injury to public health or the environment; and
`(B) the person has made good faith efforts to develop, but has been unable to develop, a substance, or identify a mineral that does not present an unreasonable risk of injury to public health or the environment and may be substituted for an asbestos containing product.
`(2) TERMS AND CONDITIONS- An exemption granted under this subsection shall be in effect for such period (not to exceed 5 years) and subject to such terms and conditions as the Administrator may prescribe.
`(A) IN GENERAL- The Administrator of the Environmental Protection Agency shall provide an exemption from the requirements of subsection (b), without review or limit on duration, if such exemption for an asbestos containing product is--
`(i) sought by the Secretary of Defense and the Secretary certifies, and provides a copy of that certification to Congress, that--
`(I) use of the asbestos containing product is necessary to the critical functions of the Department;
`(II) no reasonable alternatives to the asbestos containing product exist for the intended purpose; and
`(III) use of the asbestos containing product will not result in an unreasonable risk to health or the environment; or
`(ii) sought by the Administrator of the National Aeronautics and Space Administration and the Administrator of the National Aeronautics and Space Administration certifies, and provides a copy of that certification to Congress, that--
`(I) the asbestos containing product is necessary to the critical functions of the National Aeronautics and Space Administration;
`(II) no reasonable alternatives to the asbestos containing product exist for the intended purpose; and
`(III) the use of the asbestos containing product will not result in an unreasonable risk to health or the environment.
`(B) ADMINISTRATIVE PROCEDURE ACT- Any certification required under subparagraph (A) shall not be subject to chapter 5 of title 5, United States Code (commonly referred to as the `Administrative Procedure Act').
`(4) SPECIFIC EXEMPTIONS- The following are exempted:
`(A) Asbestos diaphragms for use in the manufacture of chlor-alkali and the products and derivative therefrom.
`(B) Roofing cements, coatings and mastics utilizing asbestos that is totally encapsulated with asphalt, subject to a determination by the Administrator of the Environmental Protection Agency under paragraph (5).
`(5) ENVIRONMENTAL PROTECTION AGENCY REVIEW-
`(A) REVIEW IN 18 MONTHS- Not later than 18 months after the date of enactment of this chapter, the Administrator of the Environmental Protection Agency shall complete a review of the exemption for roofing cements, coatings, and mastics utilizing asbestos that are totally encapsulated with asphalt to determine whether--
`(i) the exemption would result in an unreasonable risk of injury to public health or the environment; and
`(ii) there are reasonable, commercial alternatives to the roofing cements, coatings, and mastics utilizing asbestos that is totally encapsulated with asphalt.
`(B) REVOCATION OF EXEMPTION- Upon completion of the review, the Administrator of the Environmental Protection Agency shall have the authority to revoke the exemption for the products exempted under paragraph (4)(B) if warranted.
`(1) IN GENERAL- Except as provided in paragraph (2), not later than 3 years after the date of enactment of this chapter, each person that possesses an asbestos containing product that is subject to the prohibition established under this section shall dispose of the asbestos containing product, by a means that is in compliance with applicable Federal, State, and local requirements.
`(2) EXEMPTION- Nothing in paragraph (1)--
`(A) applies to an asbestos containing product that--
`(i) is no longer in the stream of commerce; or
`(ii) is in the possession of an end user or a person who purchases or receives an asbestos containing product directly or indirectly from an end user; or
`(B) requires that an asbestos containing product described in subparagraph (A) be removed or replaced.'.
`(b) Technical and Conforming Amendments- The table of contents in section 1 of the Toxic Substances Control Act (15 U.S.C. prec. 2601) is amended--
`(1) by inserting before the item relating to section 201 the following: '
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The FAIR Act of 2005 - TITLE I - Asbestos Claims Resolution