[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 880 Enrolled Bill (ENR)]
S.880
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
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.
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, 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 health 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.