[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 880 Engrossed in Senate (ES)]
106th CONGRESS
1st Session
S. 880
_______________________________________________________________________
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.
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 ``Fuels Regulatory Relief Act''.
SEC. 2. FINDINGS.
Congress finds that, because of their low toxicity and because they
are regulated sufficiently under other programs, flammable fuels, such
as propane, should not be included on the list of substances subject to
the risk management plan program under section 112(r) of the Clean Air
Act (42 U.S.C. 7412(r)).
SEC. 3. REMOVAL OF FLAMMABLE FUELS FROM RISK MANAGEMENT LIST.
Section 112(r)(4) of the Clean Air Act (42 U.S.C. 7412(r)(4)) is
amended--
(1) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and indenting
appropriately;
(2) by striking ``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)), by striking the period at the end and inserting
``; and''; and
(4) by adding at the end the following:
``(B) shall not list a flammable substance when
used as a fuel or held for sale as a fuel 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.''.
SEC. 4. 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 and
criminal 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) Criminal release.--The term
`criminal release' means an emission of
a regulated substance into the ambient
air from a stationary source that is
caused, in whole or in part, by a
criminal act.
``(III) 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 or criminal
releases.
``(IV) 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 scenario or alternative
scenario accidental releases, and any
electronic data base created by the
Administrator from those portions.
``(V) 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).
``(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 criminal 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
criminal releases 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;
``(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.--
``(aa) Knowing
violations.--A covered person
that knowingly violates a
restriction or prohibition
established by this
subparagraph (including the
regulations promulgated under
clause (ii)) shall be fined not
more than $5,000 for each
unauthorized disclosure of off-
site consequence analysis
information. The disclosure of
off-site consequence analysis
information for each specific
stationary source shall be
considered a separate offense.
Section 3571 of title 18,
United States Code, shall not
apply to an offense under this
item. The total of all
penalties that may be imposed
on a single person or
organization under this item
shall not exceed $100,000 for
violations committed during any
1 calendar year.
``(bb) Willful
violations.--A covered person
that willfully violates a
restriction or prohibition
established by this
subparagraph (including the
regulations promulgated under
clause (ii)) shall be fined
under section 3571 of title 18,
United States Code, for each
unauthorized disclosure of off-
site consequence analysis
information, but shall not be
subject to imprisonment. 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) Guidance.--
``(I) Issuance.--Not later than 60
days after the date of enactment of
this subparagraph, the Administrator,
after consultation with the Attorney
General and the States, shall issue
guidance that describes official uses
of off-site consequence analysis
information in a manner consistent with
the restrictions in items (cc) through
(ee) of clause (ii)(II).
``(II) Relationship to
regulations.--The guidance describing
official uses shall be modified, as
appropriate, consistent with the
regulations promulgated under clause
(ii).
``(III) Distribution.--The
Administrator shall transmit a copy of
the guidance describing official uses
to--
``(aa) each covered person
to which off-site consequence
analysis information is made
available under clause (iv);
and
``(bb) each covered person
to which off-site consequence
analysis information is made
available 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 on achievement of
objectives.--
``(I) In general.--Not later than 3
years after the date of enactment of
this subparagraph, the Comptroller
General shall submit to Congress a
report that describes the extent to
which the 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.
``(II) Interim report.--Not later
than 270 days after the date of
enactment of this subparagraph, the
Comptroller General shall submit to
Congress an interim report that
includes, at a minimum--
``(aa) the preliminary
findings under subclause (I);
``(bb) the methods used to
develop those 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
from the preliminary findings.
``(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) Termination of Authority.--The authority provided by this
section and the amendment made by this section terminates 6 years after
the date of enactment of this Act.
Passed the Senate June 23, 1999.
Attest:
Secretary.
106th CONGRESS
1st Session
S. 880
_______________________________________________________________________
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.
S 880 ES----2
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