[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 880 Engrossed Amendment House (EAH)]
1st Session
S. 880
_______________________________________________________________________
AMENDMENTS
In the House of Representatives, U. S.,
July 21, 1999.
Resolved, That the bill from the Senate (S. 880) entitled ``An Act to amend
the Clean Air Act to remove flammable fuels from the list of substances with
respect to which reporting and other activities are required under the risk
management plan program'', do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Chemical Safety Information, Site
Security and Fuels Regulatory Relief Act''.
SEC. 2. REMOVAL OF PROPANE SOLD BY RETAILERS AND OTHER FLAMMABLE FUELS
FROM RISK MANAGEMENT LIST.
Section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is
amended--
(1) by redesignating subparagraphs (A) through (C) of
paragraph (4) as clauses (i) through (iii), respectively, and
indenting appropriately;
(2) by striking in paragraph (4) ``Administrator shall
consider each of the following criteria--'' and inserting the
following: ``Administrator--
``(A) shall consider--'';
(3) in subparagraph (A)(iii) (as designated by paragraphs
(1) and (2)), of paragraph (4)by striking the period at the end
and inserting ``; and'';
(4) by adding at the end of paragraph (4) the following:
``(B) shall not list a flammable substance when
used as a fuel or held for sale as a fuel at a retail
facility under this subsection solely because of the
explosive or flammable properties of the substance,
unless a fire or explosion caused by the substance will
result in acute adverse heath effects from human
exposure to the substance, including the unburned fuel
or its combustion byproducts, other than those caused
by the heat of the fire or impact of the explosion.'';
and
(5) by inserting the following new subparagraph at the end
of paragraph (2):
``(D) The term `retail facility' means a stationary
source at which more than one-half of the income is
obtained from direct sales to end users or at which
more than one-half of the fuel sold, by volume, is sold
through a cylinder exchange program.''.
SEC. 3. PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS INFORMATION.
(a) In General.--Section 112(r)(7) of the Clean Air Act (42 U.S.C.
7412(r)(7)) is amended by adding at the end the following:
``(H) Public access to off-site consequence
analysis information.--
``(i) Definitions.--In this subparagraph:
``(I) Covered person.--The term
`covered person' means--
``(aa) an officer or
employee of the United States;
``(bb) an officer or
employee of an agent or
contractor of the Federal
Government;
``(cc) an officer or
employee of a State or local
government;
``(dd) an officer or
employee of an agent or
contractor of a State or local
government;
``(ee) an individual
affiliated with an entity that
has been given, by a State or
local government,
responsibility for preventing,
planning for, or responding to
accidental releases;
``(ff) an officer or
employee or an agent or
contractor of an entity
described in item (ee); and
``(gg) a qualified
researcher under clause (vii).
``(II) Official use.--The term
`official use' means an action of a
Federal, State, or local government
agency or an entity referred to in
subclause (I)(ee) intended to carry out
a function relevant to preventing,
planning for, or responding to
accidental releases.
``(III) 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 the plan,
consisting of an evaluation of 1 or
more worst-case release scenarios or
alternative release scenarios, and any
electronic data base created by the
Administrator from those portions.
``(IV) Risk management plan.--The
term `risk management plan' means a
risk management plan submitted to the
Administrator by an owner or operator
of a stationary source under
subparagraph (B)(iii).
``(ii) Regulations.--Not later than 1 year
after the date of enactment of this
subparagraph, the President shall--
``(I) assess--
``(aa) the increased risk
of terrorist and other criminal
activity associated with the
posting of off-site consequence
analysis information on the
Internet; and
``(bb) the incentives
created by public disclosure of
off-site consequence analysis
information for reduction in
the risk of accidental
releases; and
``(II) based on the assessment
under subclause (I), promulgate
regulations governing the distribution
of off-site consequence analysis
information in a manner that, in the
opinion of the President, minimizes the
likelihood of accidental releases and
the risk described in subclause (I)(aa)
and the likelihood of harm to public
health and welfare, and--
``(aa) allows access by any
member of the public to paper
copies of off-site consequence
analysis information for a
limited number of stationary
sources located anywhere in the
United States, without any
geographical restriction;
``(bb) allows other public
access to off-site consequence
analysis information as
appropriate;
``(cc) allows access for
official use by a covered
person described in any of
items (cc) through (ff) of
clause (i)(I) (referred to in
this subclause as a `State or
local covered person') to off-
site consequence analysis
information relating to
stationary sources located in
the person's State;
``(dd) allows a State or
local covered person to
provide, for official use, off-
site consequence analysis
information relating to
stationary sources located in
the person's State to a State
or local covered person in a
contiguous State; and
``(ee) allows a State or
local covered person to obtain
for official use, by request to
the Administrator, off-site
consequence analysis
information that is not
available to the person under
item (cc).
``(iii) Availability under freedom of
information act.--
``(I) First year.--Off-site
consequence analysis information, and
any ranking of stationary sources
derived from the information, shall not
be made available under section 552 of
title 5, United States Code, during the
1-year period beginning on the date of
enactment of this subparagraph.
``(II) After first year.--If the
regulations under clause (ii) are
promulgated on or before the end of the
period described in subclause (I), off-
site consequence analysis information
covered by the regulations, and any
ranking of stationary sources derived
from the information, shall not be made
available under section 552 of title 5,
United States Code, after the end of
that period.
``(III) Applicability.--Subclauses
(I) and (II) apply to off-site
consequence analysis information
submitted to the Administrator before,
on, or after the date of enactment of
this subparagraph.
``(iv) Availability of information during
transition period.--The Administrator shall
make off-site consequence analysis information
available to covered persons for official use
in a manner that meets the requirements of
items (cc) through (ee) of clause (ii)(II), and
to the public in a form that does not make
available any information concerning the
identity or location of stationary sources,
during the period--
``(I) beginning on the date of
enactment of this subparagraph; and
``(II) ending on the earlier of the
date of promulgation of the regulations
under clause (ii) or the date that is 1
year after the date of enactment of
this subparagraph.
``(v) Prohibition on unauthorized
disclosure of information by covered persons.--
``(I) In general.--Beginning on the
date of enactment of this subparagraph,
a covered person shall not disclose to
the public off-site consequence
analysis information in any form, or
any statewide or national ranking of
identified stationary sources derived
from such information, except as
authorized by this subparagraph
(including the regulations promulgated
under clause (ii)). After the end of
the 1-year period beginning on the date
of enactment of this subparagraph, if
regulations have not been promulgated
under clause (ii), the preceding
sentence shall not apply.
``(II) Criminal penalties.--
Notwithstanding section 113, a covered
person that willfully violates a
restriction or prohibition established
by this subparagraph (including the
regulations promulgated under clause
(ii)) shall, upon conviction, be fined
for an infraction under section 3571 of
title 18, United States Code, (but
shall not be subject to imprisonment)
for each unauthorized disclosure of
off-site consequence analysis
information, except that subsection (d)
of such section 3571 shall not apply to
a case in which the offense results in
pecuniary loss unless the defendant
knew that such loss would occur. The
disclosure of off-site consequence
analysis information for each specific
stationary source shall be considered a
separate offense. The total of all
penalties that may be imposed on a
single person or organization under
this item shall not exceed $1,000,000
for violations committed during any 1
calendar year.
``(III) Applicability.--If the
owner or operator of a stationary
source makes off-site consequence
analysis information relating to that
stationary source available to the
public without restriction--
``(aa) subclauses (I) and
(II) shall not apply with
respect to the information; and
``(bb) the owner or
operator shall notify the
Administrator of the public
availability of the
information.
``(IV) List.--The Administrator
shall maintain and make publicly
available a list of all stationary
sources that have provided notification
under subclause (III)(bb).
``(vi) Notice.--The Administrator shall
provide notice of the definition of official
use as provided in clause (i)(III) and examples
of actions that would and would not meet that
definition, and notice of the restrictions on
further dissemination and the penalties
established by this Act to each covered person
who receives off-site consequence analysis
information under clause (iv) and each covered
person who receives off-site consequence
analysis information for an official use under
the regulations promulgated under clause (ii).
``(vii) Qualified researchers.--
``(I) In general.--Not later than
180 days after the date of enactment of
this subparagraph, the Administrator,
in consultation with the Attorney
General, shall develop and implement a
system for providing off-site
consequence analysis information,
including facility identification, to
any qualified researcher, including a
qualified researcher from industry or
any public interest group.
``(II) Limitation on
dissemination.--The system shall not
allow the researcher to disseminate, or
make available on the Internet, the
off-site consequence analysis
information, or any portion of the off-
site consequence analysis information,
received under this clause.
``(viii) Read-only information technology
system.--In consultation with the Attorney
General and the heads of other appropriate
Federal agencies, the Administrator shall
establish an information technology system that
provides for the availability to the public of
off-site consequence analysis information by
means of a central data base under the control
of the Federal Government that contains
information that users may read, but that
provides no means by which an electronic or
mechanical copy of the information may be made.
``(ix) Voluntary industry accident
prevention standards.--The Environmental
Protection Agency, the Department of Justice,
and other appropriate agencies may provide
technical assistance to owners and operators of
stationary sources and participate in the
development of voluntary industry standards
that will help achieve the objectives set forth
in paragraph (1).
``(x) Effect on state or local law.--
``(I) In general.--Subject to
subclause (II), this subparagraph
(including the regulations promulgated
under this subparagraph) shall
supersede any provision of State or
local law that is inconsistent with
this subparagraph (including the
regulations).
``(II) Availability of information
under state law.--Nothing in this
subparagraph precludes a State from
making available data on the off-site
consequences of chemical releases
collected in accordance with State law.
``(xi) Report.--
``(I) In general.--Not later than 3
years after the date of enactment of
this subparagraph, the Attorney
General, in consultation with
appropriate State, local, and Federal
Government agencies, affected industry,
and the public, shall submit to
Congress a report that describes the
extent to which regulations promulgated
under this paragraph have resulted in
actions, including the design and
maintenance of safe facilities, that
are effective in detecting, preventing,
and minimizing the consequences of
releases of regulated substances that
may be caused by criminal activity. As
part of this report, the Attorney
General, using available data to the
extent possible, and a sampling of
covered stationary sources selected at
the discretion of the Attorney General,
and in consultation with appropriate
State, local, and Federal governmental
agencies, affected industry, and the
public, shall review the vulnerability
of covered stationary sources to
criminal and terrorist activity,
current industry practices regarding
site security, and security of
transportation of regulated substances.
The Attorney General shall submit this
report, containing the results of the
review, together with recommendations,
if any, for reducing vulnerability of
covered stationary sources to criminal
and terrorist activity, to the
Committee on Commerce of the United
States House of Representatives and the
Committee on Environment and Public
Works of the United States Senate and
other relevant committees of Congress.
``(II) Interim report.--Not later
than 12 months after the date of
enactment of this subparagraph, the
Attorney General shall submit to the
Committee on Commerce of the United
States House of Representatives and the
Committee on Environment and Public
Works of the United States Senate, and
other relevant committees of Congress,
an interim report that includes, at a
minimum--
``(aa) the preliminary
findings under subclause (I);
``(bb) the methods used to
develop the findings; and
``(cc) an explanation of
the activities expected to
occur that could cause the
findings of the report under
subclause (I) to be different
than the preliminary findings.
``(III) Availability of
information.--Information that is
developed by the Attorney General or
requested by the Attorney General and
received from a covered stationary
source for the purpose of conducting
the review under subclauses (I) and
(II) shall be exempt from disclosure
under section 552 of title 5, United
States Code, if such information would
pose a threat to national security.
``(xii) Scope.--This subparagraph--
``(I) applies only to covered
persons; and
``(II) does not restrict the
dissemination of off-site consequence
analysis information by any covered
person in any manner or form except in
the form of a risk management plan or
an electronic data base created by the
Administrator from off-site consequence
analysis information.
``(xiii) Authorization of appropriations.--
There are authorized to be appropriated to the
Administrator and the Attorney General such
sums as are necessary to carry out this
subparagraph (including the regulations
promulgated under clause (ii)), to remain
available until expended.''.
(b) Reports.--
(1) Definition of accidental release.--In this subsection,
the term ``accidental release'' has the meaning given the term
in section 112(r)(2) of the Clean Air Act (42 U.S.C.
7412(r)(2)).
(2) Report on status of certain amendments.--Not later than
2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to
Congress a report on the status of the development of
amendments to the National Fire Protection Association Code for
Liquefied Petroleum Gas that will result in the provision of
information to local emergency response personnel concerning
the off-site effects of accidental releases of substances
exempted from listing under section 112(r)(4)(B) of the Clean
Air Act (as added by section 3).
(3) Report on compliance with certain information
submission requirements.--Not later than 3 years after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report that--
(A) describes the level of compliance with Federal
and State requirements relating to the submission to
local emergency response personnel of information
intended to help the local emergency response personnel
respond to chemical accidents or related environmental
or public health threats; and
(B) contains an analysis of the adequacy of the
information required to be submitted and the efficacy
of the methods for delivering the information to local
emergency response personnel.
(c) Reevaluation of Regulations.--The President shall reevaluate
the regulations promulgated under this section within 6 years after the
enactment of this Act. If the President determines not to modify such
regulations, the President shall publish a notice in the Federal
Register stating that such reevaluation has been completed and that a
determination has been made not to modify the regulations. Such notice
shall include an explanation of the basis of such decision.
SEC. 4. PUBLIC MEETING DURING MORATORIUM PERIOD.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, each owner or operator of a stationary source
covered by section 112(r)(7)(B)(ii) of the Clean Air Act shall convene
a public meeting, after reasonable public notice, in order to describe
and discuss the local implications of the risk management plan
submitted by the stationary source pursuant to section
112(r)(7)(B)(iii) of the Clean Air Act, including a summary of the off-
site consequence analysis portion of the plan. Two or more stationary
sources may conduct a joint meeting. In lieu of conducting such a
meeting, small business stationary sources as defined in section
507(c)(1) of the Clean Air Act may comply with this section by publicly
posting a summary of the off-site consequence analysis information for
their facility not later than 180 days after the enactment of this Act.
Not later than 10 months after the date of enactment of this Act, each
such owner or operator shall send a certification to the director of
the Federal Bureau of Investigation stating that such meeting has been
held, or that such summary has been posted, within 1 year prior to, or
within 6 months after, the date of the enactment of this Act. This
section shall not apply to sources that employ only Program 1 processes
within the meaning of regulations promulgated under section
112(r)(7)(B)(i) of the Clean Air Act.
(b) Enforcement.--The Administrator of the Environmental Protection
Agency may bring an action in the appropriate United States district
court against any person who fails or refuses to comply with the
requirements of this section, and such court may issue such orders, and
take such other actions, as may be necessary to require compliance with
such requirements.
Amend the title so as to read ``An Act to amend the Clean
Air Act to remove flammable fuels from the list of substances
with respect to which reporting and other activities are
required under the risk management plan program, and for other
purposes.''.
Attest:
Clerk.