[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.