II 112th CONGRESS 2d Session S. 3529 IN THE SENATE OF THE UNITED STATES September 11, 2012 Mr. Roberts introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act to clarify a certain provision relating to prevention of accidental releases.

1.

Short title

This Act may be cited as the General Duty Clarification Act of 2012.

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 shall be found to be in violation of this paragraph until the Administrator— (I)promulgates final regulations under clause (ii); and (II)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 , other than an emission resulting from an intentional act before the period at the end.