[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.