[Congressional Record Volume 145, Number 59 (Wednesday, April 28, 1999)]
[Senate]
[Pages S4341-S4342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      FUELS REGULATORY RELIEF ACT

  Mr. BURNS. Mr. President, I stand in support of S. 880, Fuels 
Regulatory Relief Act, to provide relief for small businesses and to 
increase security of information from potential terrorists. This bill 
will specifically exclude toxic flammable fuels from Section 112 of the 
Clean Air Act which requires businesses provide public information on 
stored flammable fuels and how they would respond to emergencies should 
a disaster occur.

[[Page S4342]]

  When the Clean Air Act was amended in 1990, Congress required the 
Environmental Protection Agency, under Section 112, to provide public 
information on a list of 100 substances which might cause injury or 
death to humans or adverse effects to the environment in an accident. 
EPA added flammable fuels to this list of 100 substances. This means 
that people who store and distribute flammable fuels are required to 
provide public information about their operations and how they would 
respond to an accident. These Risk Management Plans provide information 
on hazards associated with the fuels, safety measures and maintenance, 
and a worst-case scenario with an emergency response plan. This 
detailed information, although intended to provide citizens near a fuel 
facility knowledge about their local risks, also provide dangerous 
information to potential terrorists. The worst-case scenario 
information especially could provide potential terrorists with valuable 
information about how to destroy a flammable fuel facility.
  I recognize the constant struggle between providing public access to 
and security protections of information about flammable fuels. However, 
given that public safety is adequately protected through existing 
federal laws and state building and fire codes, I believe no further 
requirements are needed. Also people who store flammable fuels are very 
safety conscious given the unstable nature of the product they work 
with. The safety record on the storage of flammable fuels is good and 
demonstrates that current regulatory requirements are adequate. Without 
any clear problem of the existing framework of protections, I do not 
see why these substances should be further regulated under Section 112 
of the Clean Air Act.
  By regulating flammable fuels under this provision of the Clean Air 
Act, fuel distributors might be hurt. For example, distributors might 
reduce their storage capacity of flammable fuels affecting their 
ability to meet local customer demands. Also if businesses and farmers 
reduce their stored levels of flammable fuels, fuel switching might be 
encouraged further adversely affecting distributors. This could limit 
the flexibility and health of these small businesses and farmers. 
Basically, it would ensure that the ``Hank Hills'' of the world (a 
character on the Fox network who is a propane small businessman) are 
not put out of business.
  Thus, I trust my colleagues will rise with me to support this bill to 
provide relief for small businesses and farmers struggling to survive 
while ensuring security against disclosure of explosive information to 
potential terrorists.

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