[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 880 Reported in Senate (RS)]
Calendar No. 141
106th CONGRESS
1st Session
S. 880
[Report No. 106-70]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
June 9, 1999
Reported with an amendment
Calendar No. 141
106th CONGRESS
1st Session
S. 880
[Report No. 106-70]
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 1999
Mr. Inhofe (for himself, Mr. Burns, Mr. Warner, Mr. Hagel, Mr.
Sessions, Mr. Kerrey, Mr. Cleland, Mr. Shelby, Mr. Bennett, Mr.
Cochran, Mr. Murkowski, Mr. Roberts, and Mr. Johnson) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
June 9, 1999
Reported by Mr. Chafee, with an amendment
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
A BILL
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:
<DELETED> ``(B) shall not regulate non-acute toxic
flammable fuels when used or stored for fuel purposes
or retail sale unless the fuels are hazardous
waste.''.</DELETED>
``(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 AVAILABILITY OF OFF-SITE CONSEQUENCE ANALYSIS
INFORMATION IN RISK MANAGEMENT PLANS.
(a) Definitions.--In this section:
(1) Accidental release.--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) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(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 the plan, consisting of an evaluation of 1 or more
worst-case scenario or alternative scenario accidental
releases.
(4) Risk management plan.--The term ``risk management
plan'' means a risk management plan submitted by an owner or
operator of a stationary source under section 112(r)(7)(B) of
the Clean Air Act (42 U.S.C. 7412(r)(7)(B)).
(5) State.--The term ``State'' means any of the 50 States,
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 of the Federally Recognized Indian Tribe List Act
of 1994 (25 U.S.C. 479a)).
(6) Stationary source.--The term ``stationary source'' has
the meaning given the term in section 112(r)(2) of the Clean
Air Act (42 U.S.C. 7412(r)(2)).
(b) Exemption From Availability Under Freedom of Information Act.--
(1) In general.--Off-site consequence analysis information,
or information derived from off-site consequence analysis
information, shall not be made available under section 552 of
title 5, United States Code.
(2) Effect on certain availability.--Except as provided in
subsection (c), nothing in this section affects the obligation
of the Administrator under section 112(r)(7)(B)(iii) of the
Clean Air Act (42 U.S.C. 7412(r)(7)(B)(iii)) to make available
off-site consequence analysis information or information
derived from that information.
(c) Availability of Off-Site Consequence Analysis Information.--
(1) General availability.--
(A) Electronic form.--An officer or employee of the
United States may make available in electronic form
off-site consequence analysis information only in the
manner provided in paragraphs (2), (5), and (6) and
subsection (d).
(B) Paper form.--An officer or employee of the
United States may make available in paper form off-site
consequence analysis information only in the manner
provided in paragraphs (3), (4), and (5), and
subsection (d).
(2) Availability in electronic form for official use by
state or local governments.--The Administrator may make
available in electronic form off-site consequence analysis information
to a State or local government officer or employee for official use.
(3) Availability to public in paper form.--
(A) In general.--In response to a request for off-
site consequence analysis information or for a risk
management plan, the Administrator shall make available
a copy of off-site consequence analysis information,
but only in paper form.
(B) Conditions.--The conditions under which off-
site consequence analysis information shall be made
available, including the maximum number of requests
that any single requester may 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 guidance issued under
subsection (e)(1).
(C) Prompt response.--Consistent with this
paragraph, the Administrator shall promptly respond to
off-site consequence analysis information requests.
(D) Fee.--The Administrator may levy a fee
applicable to the processing of off-site consequence
analysis information requests that covers the cost to
the Administrator of processing the requests and
reproducing the information in paper form.
(4) Availability to states and local governments in paper
form.--At the request of a State or local government officer
acting in the officer's official capacity, the Administrator
may provide to the officer in paper form, for official use
only, 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) Availability for limited public inspection.--
(A) In general.--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
depository libraries designated under chapter 19 of
title 44, United States Code.
(B) Limitation on availability of risk management
plans in electronic form.--For the 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.
(C) Federal assistance.--The Public Printer and the
Attorney General shall assist the Administrator in
carrying out this paragraph in order to ensure that the
information provided to the depository libraries is
adequately protected.
(D) Authorization of appropriations.--There are
authorized to be appropriated to the Administrator and
to the Public Printer such sums as are necessary to
carry out this paragraph, to remain available until
expended.
(6) Availability to public of general information in
electronic form.--
(A) From the administrator.--After consultation
with the Attorney General and the heads of 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.
(B) From other government officers and employees.--
Except as provided in subparagraph (A), an officer or
employee of the United States, or an officer or
employee of a State or local government, shall not make
off-site consequence analysis information available to
the public in any form except as authorized by the
Administrator.
(7) Authority of states and local governments to make
information available.--Notwithstanding any provision of State
or local law, and except as provided in subsection (d)(2), an
officer or employee of a State or local government may make
off-site consequence analysis information available only to the
extent that an officer or employee of the United States would
be permitted to make the information available, consistent with
the guidance and any regulations promulgated under subsection
(e), except that a State or local government officer or
employee may make available only the information that concerns
stationary sources located in the State in which the officer or
employee serves.
(8) Collection and maintenance of records of persons
seeking access to information.--
(A) Limitation on authority of the administrator.--
(i) In general.--The Administrator may
collect and maintain records that reflect the
identity of individuals and other persons
seeking access to information under this
section only to the extent that the collection
and maintenance is relevant to, and necessary
to accomplish, a purpose of the Environmental
Protection Agency that is required to be
accomplished by statute or by executive order
of the President.
(ii) Applicability of freedom of
information act.--Records collected under
clause (i) shall be subject to section 552a of
title 5, United States Code.
(B) Limitation on authority of state or local
governments.--An officer or employee of a State or
local government may collect and maintain records that
reflect the identity of individuals and other persons
seeking access to information under this section only
to the extent that the collection and maintenance is relevant to, and
necessary to accomplish, a purpose of the employing agency that is
required to be accomplished by State statute.
(9) Criminal penalties.--An officer or employee of the
United States, or an 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 not more than
1 year, or both.
(d) Availability of Information to and From Agents and
Contractors.--
(1) Availability from united states.--
(A) In general.--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 the Federal
Government for official use only.
(B) Restrictions and penalties.--For the purposes
of this section, with respect to information made
available under subparagraph (A), officers and
employees of agents and contractors shall be considered
to be officers and employees of the United States and
shall be subject to the same restrictions and penalties
as apply to officers and employees of the United States
under this section.
(2) Availability from state and local governments.--
(A) In general.--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 for official use only.
(B) Restrictions and penalties.--For the purposes
of this section, with respect to information made
available under subparagraph (A), officers and
employees of agents and contractors shall be considered
to be officers and employees of the State or local
government and shall be subject to the same
restrictions and penalties as apply to officers and
employees of the State or local government under this
section.
(e) Guidance and Regulations.--
(1) Issuance of guidance.--
(A) In general.--Not later than 60 days after the
date of enactment of this Act, the Administrator shall
issue guidance setting forth procedures and methods for
making off-site consequence analysis information
available to the public in a manner consistent with
this section.
(B) Consultation.--The Administrator shall consult
with the heads of other appropriate Federal agencies in
developing the guidance.
(C) Revision of guidance.--The Administrator may
revise the guidance, as appropriate, in consultation
with the heads of appropriate Federal agencies.
(D) Judicial review.--Guidance issued under this
paragraph, and any revision of the guidance, shall not
be subject to judicial review.
(E) Regulations in lieu of guidance.--To the extent
that the Administrator determines to be appropriate,
the Administrator may promulgate regulations instead of
issue guidance under this subsection.
(2) Regulations.--
(A) In general.--The Administrator may promulgate
such regulations as are necessary to carry out the
duties of the Administrator under this section.
(B) Judicial review.--Regulations promulgated under
this paragraph shall be subject to judicial review to
the same extent and in the same manner as regulations
promulgated under section 112(r)(7) of the Clean Air
Act (42 U.S.C. 7412(r)(7)).
(f) Authority To Issue Orders.--The Administrator may exercise the
authority provided under section 112(r)(9) of the Clean Air Act (42
U.S.C. 7412(r)(9)) to withhold, or prevent the release of, off-site
consequence analysis information if the Administrator determines that
release of the information may present an imminent and substantial
endangerment to human health or welfare or the environment.
(g) Delegation.--To the extent that the Administrator determines to
be appropriate, the Administrator may delegate the powers or duties of
the Administrator under this section to any officer or employee of the
Environmental Protection Agency.
(h) Site Security Review and Periodic Recommendations.--
(1) In general.--Subject to the availability of
appropriations, the Attorney General may review industry
practices regarding site security and the effectiveness of this
section.
(2) Conditions of review.--A review under paragraph (1)--
(A) shall use, to the maximum extent practicable,
data available as of the date of the review; and
(B) shall be conducted in consultation with
appropriate governmental agencies, affected industries,
and the public.
(3) Recommendations.--The Attorney General may periodically
submit to Congress recommendations relating to the enhancement
of site security practices and the need for continued
implementation or modification of this section.