Notes on 15 U.S.C. § 2607 : US Code - Notes

Search Notes on 15 U.S.C. § 2607 : US Code - Notes

(Pub. L. 94-469, title I, Sec. 8, Oct. 11, 1976, 90 Stat. 2027;
renumbered title I, Pub. L. 99-519, Sec. 3(c)(1), Oct. 22, 1986,
100 Stat. 2989.)
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."