[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1790 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 1790

    To provide for public disclosure of accidental release scenario 
     information in risk management plans, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 1999

   Mr. Bliley (by request) introduced the following bill; which was 
     referred to the Committee on Commerce, and in addition to the 
Committees on Government Reform, and the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To provide for public disclosure of accidental release scenario 
     information in risk management plans, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Safety Information and Site 
Security Act of 1999''.

SEC. 2. PUBLIC AVAILABILITY OF ANALYSIS.

    (a) Definitions.--
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Risk management plan.--The term ``risk management 
        plan'' means a risk management plan submitted by an owner or 
        operator of a stationary source pursuant to section 
        112(r)(7)(B) of the Clean Air Act.
            (3) Off-site consequence analysis information.--The term 
        ``off-site consequence analysis information'' means those 
        portions of a risk management plan, excluding the executive 
        summary of such plan, consisting of an evaluation of one or 
        more worst-case scenario or alternative scenario accidental 
        releases of extremely hazardous substances listed pursuant to 
        section 112(r)(3) of the Clean Air Act.
            (4) State.--The term ``State'' means a State, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, Guam, American Samoa, the Commonwealth of the Northern 
        Mariana Islands, and Indian tribes as defined in section 102(2) 
        of the Federally Recognized Indian Tribe List Act of 1994 (25 
        U.S.C. 479a(2)).
    (b) Exemption From Freedom of Information Act.--Off-site 
consequence analysis information or information derived therefrom, 
shall not be made available under section 552 of title 5, United States 
Code. Nothing in this section shall affect the obligation of the 
Administrator under section 112(r)(7)(B)(iii) of the Clean Air Act to 
make available off-site consequence analysis information, or 
information derived therefrom, except as provided in subsection (c) of 
this section.
    (c) Distribution of Off-Site Consequence Analysis Information.--
            (1) No officer or employee of the United States shall make 
        available in an electronic form off-site consequence analysis 
        information except as provided in paragraphs (2), (6), and (7) 
        of this subsection and subsection (e) of this section.
            (2) The Administrator may make available in an electronic 
        form off-site consequence analysis information to a State or 
        local government officer or employee only for official use.
            (3)(A) In response to any request for off-site consequence 
        analysis information, including a request for risk management 
        plans, the Administrator shall provide a copy of off-site 
        consequence analysis information, but only in paper form. The 
        conditions under which it shall be made available, including, 
        but not limited to, the maximum number of requests any single 
        requester can make, and the maximum number of stationary 
        sources for which off-site consequence analysis information may 
        be made available in response to any single request, shall be 
        determined by the Administrator in implementing guidance, 
        pursuant to subsection (d)(1) of this section. An officer or 
        employee of the United States may not otherwise distribute off-
        site consequence analysis information in paper form, except as 
        provided in paragraphs (4) and (6) of this subsection, and 
        subsection (e) of this section.
            (B) Consistent with this paragraph, the Administrator shall 
        promptly respond to off-site consequence analysis information 
        requests. The Administrator may levy a fee applicable to 
        processing requests that recovers the Administrator's cost of 
        processing such requests and reproducing such information in 
        paper form.
            (4) At the request of a State or local government officer 
        acting in his or her official capacity, the Administrator may 
        provide to such officer in paper form, only for official use, 
        the off-site consequence analysis information submitted for the 
        stationary sources located in the State in which the State or 
        local government officer serves.
            (5) Notwithstanding any provision of State or local law, 
        and except as provided in subsection (e)(2) of this section, an 
        officer or employee of a State or local government may make 
        off-site consequence analysis information available only to the 
        extent officers or employees of the United States would be 
        permitted to make such information available, consistent with 
        the guidance and any regulations issued pursuant to this 
        section, except that a State or local government officer or 
        employee may only make available such information that concerns 
        stationary sources located in the State in which the officer or 
        employee serves.
            (6) The Administrator shall ensure that every risk 
        management plan submitted to the Environmental Protection 
        Agency is available in paper or electronic form for public 
        inspection, but not copying, during normal business hours, 
        including in Government Printing Office depository libraries. 
        For purposes of this paragraph, the Administrator may make risk 
        management plans available in electronic form only if the 
electronic form does not provide an electronic means of ranking 
stationary sources based on off-site consequence analysis information. 
The Government Printing Office shall assist the Administrator in 
implementing this paragraph. There are authorized to be appropriated to 
the Administrator and to the Government Printing Office such sums as 
may be necessary, to be available until expended, to carry out this 
paragraph.
            (7) After consulting with other appropriate Federal 
        agencies, the Administrator may make off-site consequence 
        analysis information available to the public in an electronic 
        form that does not include information concerning the identity 
        or the location of the stationary sources for which the 
        information was submitted. No other officer or employee of the 
        United States, nor any officer or employee of a State or local 
        government, may make off-site consequence analysis information 
        available to the public in such form except as authorized by 
        the Administrator.
            (8) Any officer or employee of the United States, or any 
        officer or employee of a State or local government, who 
        knowingly violates a restriction or prohibition established by 
        this subsection shall be fined under section 3571 of title 18, 
        United States Code, imprisoned for not more than one year, or 
        both.
            (9) The Administrator may collect and maintain records that 
        reflect the identity of individuals and persons seeking access 
        to information under this section only to the extent that such 
        collection and maintenance is relevant and necessary to 
        accomplish a legal purpose of the Environmental Protection 
        Agency that is required to be accomplished by statute or by 
        executive order of the President. Any such records shall be 
        subject to section 552a of title 5, United States Code. An 
        officer or employee of a State or local government may collect 
        and maintain records identifying individuals and persons 
        seeking access to information under this section only to the 
        extent that such collection and maintenance is relevant and 
        necessary to accomplish a legal purpose of their employing 
        agency that is required to be accomplished by State statute.
    (d) Implementing Guidance and Additional Authorities.--
            (1) Within 60 days of the enactment of this provision, the 
        Administrator shall issue guidance setting forth procedures and 
        methods for making off-site consequence analysis information 
        available to the public consistent with the provisions of this 
        section. The Administrator shall consult with other appropriate 
        Federal agencies in developing the guidance. The Administrator 
        may revise such guidance, as circumstances warrant, in 
        consultation with the appropriate Federal agencies. Guidance 
        issued pursuant to this subsection, and any revision thereof, 
        shall not be subject to judicial review. The Administrator may 
        issue regulations in place of such guidance to the extent the 
        Administrator deems appropriate.
            (2) The Administrator is authorized to prescribe such 
        regulations as are necessary to carry out the Administrator's 
        functions under this section. The Administrator may delegate to 
        any officer or employee of the Environmental Protection Agency 
        such of the Administrator's powers or duties under this section 
        as the Administrator may deem necessary or expedient. 
        Regulations issued pursuant to this subsection shall be subject 
        to judicial review to the same extent and in the same manner as 
        regulations issued pursuant to section 112(r)(7) of the Clean 
        Air Act.
    (e) Agents and Contractors.--
            (1) An officer or employee of the United States may make 
        off-site consequence analysis information available in any form 
        to officers and employees of agents and contractors of a 
        Federal Government office only for official use. For purposes 
        of this section, such officers and employees of agents and 
        contractors shall be treated as officers and employees of the 
        United States and shall be subject to the same restrictions and 
        sanctions as apply to officers and employees of the United 
        States under this section.
            (2) An officer or employee of a State or local government 
        may make off-site consequence analysis information available in 
        any form to officers and employees of agents and contractors of 
        the State or local government only for official use. For 
        purposes of this section, such officers and employees of agents 
        and contractors shall be treated as officers and employees of 
        the State or local government and shall be subject to the same 
        restrictions and sanctions as apply to officers and employees 
        of the State or local government under this section.
    (f) Order Authority.--The Administrator may exercise the authority 
provided under section 112(r)(9) of the Clean Air Act to withhold, or 
prevent the release of, off-site consequence analysis information when 
the Administrator determines that release of such information may 
present an imminent and substantial endangerment to human health or 
welfare or the environment.
    (g) Separability of Provisions.--If any provision of this section 
is held invalid, the remainder of this section shall not be affected 
thereby.

SEC. 3. SITE SECURITY STUDY AND RECOMMENDATIONS.

    Subject to the availability of appropriations, the Attorney 
General, utilizing available data to the extent possible and in 
consultation with appropriate governmental agencies, affected industry, 
and the public, may review current industry practices regarding site 
security and the effectiveness of this Act. The Attorney General may 
periodically report to Congress regarding recommendations related to 
enhancing site security practices and the need for continued 
implementation or modification of this Act.
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