[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6345 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6345

To amend section 112(r) of the Clean Air Act (relating to prevention of 
                         accidental releases).


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                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2012

 Mr. Pompeo (for himself and Mr. Terry) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend section 112(r) of the Clean Air Act (relating to prevention of 
                         accidental releases).

    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 ``General Duty Clarification Act of 
2012''.

SEC. 2. PREVENTION OF ACCIDENTAL RELEASES.

    (a) Purpose and General Duty.--Paragraph (1) of section 112(r) of 
the Clean Air Act (42 U.S.C. 7412(r)) is amended--
            (1) by striking ``It shall be the objective'' and inserting 
        the following:
                    ``(A) In general.--It shall be the objective''; and
            (2) by adding at the end the following:
                    ``(B) Regulations.--
                            ``(i) Limitation.--No entity may be found 
                        to be in violation of this paragraph until the 
                        Administrator promulgates final regulations 
                        under clause (ii) and issues internal 
                        enforcement guidelines under clause (iii).
                            ``(ii) Regulations.--The Administrator 
                        shall promulgate regulations establishing 
                        criteria defining, for purposes of this 
                        paragraph, the terms `extremely hazardous 
                        substance', `appropriate hazard assessment 
                        techniques', and `design and maintain a safe 
                        facility'.
                            ``(iii) Uniformity.--Subsequent to the 
                        promulgation of final regulations under clause 
                        (ii), the Administrator shall issue guidelines 
                        to ensure that enforcement of this paragraph is 
                        handled by the regional offices of the 
                        Environmental Protection Agency in a uniform 
                        and appropriate manner across all regions of 
                        the United States.''.
    (b) Definition of Accidental Release.--Subparagraph (A) of section 
112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)) is amended by 
inserting before the period at the end the following: ``, other than 
such an emission resulting from an intentional act''.
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