### 113 STAT. 207 PUBLIC LAW 106–40—AUG. 5, 1999



### Public Law 106–40 106th Congress

An Act

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, and for other purposes.

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 ‘‘Chemical Safety Information, Site Security and Fuels Regulatory Relief Act’’.

SEC. 2. REMOVAL OF PROPANE SOLD BY RETAILERS AND OTHER

FLAMMABLE FUELS FROM RISK MANAGEMENT LIST.

Section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is

amended—(1) by redesignating subparagraphs (A) through (C) of paragraph (4) as clauses (i) through (iii), respectively, and indenting appropriately;(2) by striking in paragraph (4) ‘‘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)), of paragraph (4) by striking the period at the end and inserting ‘‘; and’’; (4) by adding at the end of paragraph (4) the following: ‘‘(B) shall not list a flammable substance when used as a fuel or held for sale as a fuel at a retail facility 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 acuteadverse health 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.’’; and (5) by inserting the following new subparagraph at the end of paragraph (2): ‘‘(D) The term ‘retail facility’ means a stationary source

at which more than one-half of the income is obtained

from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program.’’. Chemical Safety Information, Site Security and Fuels Regulatory

Relief Act.

42 USC 7401

note.

Aug. 5, 1999

[S. 880]

### 113 STAT. 208 PUBLIC LAW 106–40—AUG. 5, 1999

SEC. 3. PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS

INFORMATION.

(a) I N GENERAL .—Section 112(r)(7) of the Clean Air Act (42 U.S.C. 7412(r)(7)) is amended by adding at the end the following: ‘‘(H) PUBLIC ACCESS TO OFF

- SITE CONSEQUENCE ANAL

YSIS INFORMATION .— ‘‘(i) D EFINITIONS .—In this subparagraph: ‘‘(I) C OVERED PERSON .—The term ‘covered person’ means— ‘‘(aa) an officer or employee of the United States; ‘‘(bb) an officer or employee of an agent or contractor of the Federal Government; ‘‘(cc) an officer or employee of a State or local government; ‘‘(dd) an officer or employee of an agent or contractor of a State or local government; ‘‘(ee) an individual affiliated with an entitythat has been given, by a State or local government, responsibility for preventing, planning for, or responding to accidental releases; ‘‘(ff) an officer or employee or an agent or contractor of an entity described in item (ee); and ‘‘(gg) a qualified researcher under clause (vii). ‘‘(II) O FFICIAL USE .—The term ‘official use’ means an action of a Federal, State, or localgovernment agency or an entity referred to in subclause (I)(ee) intended to carry out a function relevant to preventing, planning for, or responding

to accidental releases. ‘‘(III) O FF

- 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 release scenarios or alternative release scenarios, and any electronic database created by the Administrator from those portions. ‘‘(IV) R ISK MANAGEMENT PLAN .—The term ‘risk management plan’ means a risk management plan submitted to the Administrator by an owner oroperator of a stationary source under subparagraph (B)(iii). ‘‘(ii) R EGULATIONS .—Not later than 1 year afterthe date of enactment of this subparagraph, the President shall— ‘‘(I) assess— ‘‘(aa) the increased risk of terrorist and other criminal activity associated with the posting of off-site consequence analysis information on the Internet; and ‘‘(bb) the incentives created by public disclosure of off-site consequence analysis Deadline.

President.

### 113 STAT. 209 PUBLIC LAW 106–40—AUG. 5, 1999

information for reduction in the risk of accidental releases; and ‘‘(II) based on the assessment under subclause(I), promulgate regulations governing the distribution of off-site consequence analysis information in a manner that, in the opinion of the President,

minimizes the likelihood of accidental releases and the risk described in subclause (I)(aa) and the likelihood of harm to public health and welfare,

and— ‘‘(aa) allows access by any member of the public to paper copies of off-site consequence analysis information for a limited number of stationary sources located anywhere in the United States, without any geographical restriction; ‘‘(bb) allows other public access to off-siteconsequence analysis information as appropriate; ‘‘(cc) allows access for official use by a covered person described in any of items (cc) through (ff) of clause (i)(I) (referred to in this subclause as a ‘State or local covered person’) to off-site consequence analysis information relating to stationary sources located in the person’s State; ‘‘(dd) allows a State or local covered person to provide, for official use, off-site consequence analysis information relating to stationary sources located in the person’s State to a State or local covered person in a contiguous State;

and ‘‘(ee) allows a State or local covered person to obtain for official use, by request to the Administrator, off-site consequence analysis information that is not available to the person under item (cc). ‘‘(iii) A VAILABILITY UNDER FREEDOM OF INFORMA

TION ACT .— ‘‘(I) F IRST YEAR .—Off-site consequence analysis information, and any ranking of stationary sources derived from the information, shall not be made available under section 552 of title 5, United States Code, during the 1-year period beginning on the date of enactment of this subparagraph. ‘‘(II) AFTER FIRST YEAR .—If the regulations under clause (ii) are promulgated on or before the end of the period described in subclause (I), off-site consequence analysis information covered by the regulations, and any ranking of stationary sources derived from the information, shall not be made available under section 552 of title 5, United States Code, after the end of that period. ‘‘(III) APPLICABILITY .—Subclauses (I) and (II) apply to off-site consequence analysis information submitted to the Administrator before, on, or after the date of enactment of this subparagraph.

### 113 STAT. 210 PUBLIC LAW 106–40—AUG. 5, 1999

‘‘(iv) A VAILABILITY OF INFORMATION DURING TRANSI

TION PERIOD .—The Administrator shall make off-site consequence analysis information available to covered persons for official use in a manner that meets the requirements of items (cc) through (ee) of clause (ii)(II),and to the public in a form that does not make available any information concerning the identity or location of stationary sources, during the period— ‘‘(I) beginning on the date of enactment of this subparagraph; and ‘‘(II) ending on the earlier of the date of promulgation of the regulations under clause (ii)or the date that is 1 year after the date of enactment of this subparagraph. ‘‘(v) P ROHIBITION ON UNAUTHORIZED DISCLOSURE

OF INFORMATION BY COVERED PERSONS .— ‘‘(I) I N GENERAL .—Beginning on the date of enactment of this subparagraph, a covered person shall not disclose to the public off-site consequence analysis information in any form, or any statewide or national ranking of identified stationary sourcesderived from such information, except as authorized by this subparagraph (including the regulations promulgated under clause (ii)). After the endof the 1-year period beginning on the date of enactment of this subparagraph, if regulations havenot been promulgated under clause (ii), the preceding sentence shall not apply. ‘‘(II) C RIMINAL PENALTIES .—Notwithstanding section 113, a covered person that willfully violates a restriction or prohibition established by thissubparagraph (including the regulations promulgated under clause (ii)) shall, upon conviction, be

fined for an infraction under section 3571 of title 18, United States Code, (but shall not be subject to imprisonment) for each unauthorized disclosure of off-site consequence analysis information, except that subsection (d) of such section 3571 shall not apply to a case in which the offense results in pecuniary loss unless the defendant knew that

such loss would occur. The disclosure of off-site consequence analysis information for each specific stationary source shall be considered a separate offense. The total of all penalties that may be imposed on a single person or organization under this item shall not exceed $1,000,000 for violations committed during any 1 calendar year. ‘‘(III) APPLICABILITY .—If the owner or operator of a stationary source makes off-site consequence analysis information relating to that stationary source available to the public without restriction— ‘‘(aa) subclauses (I) and (II) shall not apply with respect to the information; and ‘‘(bb) the owner or operator shall notify the Administrator of the public availability

of the information. Notification. Effective date.

### 113 STAT. 211 PUBLIC LAW 106–40—AUG. 5, 1999

‘‘(IV) L IST .—The Administrator shall maintain and make publicly available a list of all stationarysources that have provided notification under subclause (III)(bb). ‘‘(vi) N OTICE .—The Administrator shall provide notice of the definition of official use as provided in clause (i)(III) and examples of actions that would and would not meet that definition, and notice of the restrictions on further dissemination and the penalties established by this Act to each covered person who receives off-site consequence analysis information under clause (iv) and each covered person who receives off-site consequence analysis information for an official use under the regulations promulgated under clause (ii). ‘‘(vii) Q UALIFIED RESEARCHERS .— ‘‘(I) I N GENERAL .—Not later than 180 days after the date of enactment of this subparagraph, the Administrator, in consultation with the Attorney General, shall develop and implementa system for providing off-site consequence analysis information, including facility identification, to any qualified researcher, including a qualified researcher from industry or any public interest

group. ‘‘(II) L IMITATION ON DISSEMINATION .—Thesystem shall not allow the researcher to disseminate, or make available on the Internet, the off-site consequence analysis information, or any portion of the off-site consequence analysis information, received under this clause. ‘‘(viii) R EAD

- ONLY INFORMATION TECHNOLOGY

SYSTEM .—In consultation with the Attorney General and the heads of other appropriate Federal agencies,

the Administrator shall establish an information technology system that provides for the availability to the public of off-site consequence analysis information by

means of a central data base under the control of

the Federal Government that contains information that users may read, but that provides no means by which an electronic or mechanical copy of the information may be made. ‘‘(ix) VOLUNTARY INDUSTRY ACCIDENT PREVENTION

STANDARDS .—The Environmental Protection Agency,the Department of Justice, and other appropriate agencies may provide technical assistance to owners and operators of stationary sources and participate in the development of voluntary industry standards that will help achieve the objectives set forth in paragraph (1). ‘‘(x) E FFECT ON STATE OR LOCAL LAW .— ‘‘(I) I N GENERAL .—Subject to subclause (II), this subparagraph (including the regulationspromulgated under this subparagraph) shall supersede any provision of State or local law that is inconsistent with this subparagraph (including the regulations). Deadline.

### 113 STAT. 212 PUBLIC LAW 106–40—AUG. 5, 1999

‘‘(II) A VAILABILITY OF INFORMATION UNDER

STATE LAW .—Nothing in this subparagraph precludes a State from making available data on the off-site consequences of chemical releases collected

in accordance with State law. ‘‘(xi) REPORT .— ‘‘(I) I N GENERAL .—Not later than 3 years after the date of enactment of this subparagraph, the Attorney General, in consultation with appropriate State, local, and Federal Government agencies, affected industry, and the public, shall submit to Congress a report that describes the extent towhich regulations promulgated under this paragraph have resulted in actions, including the design and maintenance of safe facilities, that are effective in detecting, preventing, and minimizingthe consequences of releases of regulated substances that may be caused by criminal activity. As part of this report, the Attorney General, usingavailable data to the extent possible, and a sampling of covered stationary sources selected at thediscretion of the Attorney General, and in consultation with appropriate State, local, and Federal governmental agencies, affected industry, and the public, shall review the vulnerability of covered stationary sources to criminal and terrorist activity, current industry practices regarding sitesecurity, and security of transportation of regulated substances. The Attorney General shall submit this report, containing the results of the review, together with recommendations, if any, for reducing vulnerability of covered stationary sources to criminal and terrorist activity, to the

Committee on Commerce of the United States House of Representatives and the Committee on

Environment and Public Works of the United

States Senate and other relevant committees of Congress. ‘‘(II) I NTERIM REPORT .—Not later than 12

months after the date of enactment of this subparagraph, the Attorney General shall submit

to the Committee on Commerce of the UnitedStates House of Representatives and the Committee on Environment and Public Works of theUnited States Senate, and other relevant committees of Congress, an interim report that includes,

at a minimum—‘‘(aa) the preliminary findings under subclause (I); ‘‘(bb) the methods used to develop the findings; and ‘‘(cc) an explanation of the activities expected to occur that could cause the findings of the report under subclause (I) to be different than the preliminary findings. Deadline. Deadline.

### 113 STAT. 213 PUBLIC LAW 106–40—AUG. 5, 1999

‘‘(III) A VAILABILITY OF INFORMATION .—Information that is developed by the Attorney General or requested by the Attorney General and received from a covered stationary source for the purpose of conducting the review under subclauses (I) and (II) shall be exempt from disclosure under section 552 of title 5, United States Code, if suchinformation would pose a threat to national security. ‘‘(xii) S COPE .—This subparagraph— ‘‘(I) applies only to covered persons; and‘‘(II) does not restrict the dissemination of offsite consequence analysis information by any covered person in any manner or form except in the form of a risk management plan or an electronicdata base created by the Administrator from offsite consequence analysis information. ‘‘(xiii) AUTHORIZATION OF APPROPRIATIONS .—There are authorized to be appropriated to the Administrator and the Attorney General such sums as are necessaryto carry out this subparagraph (including the regulations promulgated under clause (ii)), to remain available until expended.’’. (b) REPORTS .— (1) D EFINITION OF ACCIDENTAL RELEASE .—In this subsection, 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) R EPORT ON STATUS OF CERTAIN AMENDMENTS .—Not later than 2 years after the date of enactment of this Act, theComptroller General of the United States shall submit to Congress a report on the status of the development of amendments to the National Fire Protection Association Code for Liquefied Petroleum Gas that will result in the provision of information to local emergency response personnel concerning the off-site effects of accidental releases of substances exempted from listing under section 112(r)(4)(B) of the Clean Air Act (as added by section 3). (3) R EPORT ON COMPLIANCE WITH CERTAIN INFORMATION

SUBMISSION REQUIREMENTS .—Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that— (A) describes the level of compliance with Federal and State requirements relating to the submission to local emergency response personnel of information intended to help the local emergency response personnel respond to chemical accidents or related environmental or public health threats; and(B) contains an analysis of the adequacy of the information required to be submitted and the efficacy of the methods for delivering the information to local emergency response personnel. (c) R EEVALUATION OF R EGULATIONS .—The President shall reevaluate the regulations promulgated under this section within 6 years after the enactment of this Act. If the President determines not to modify such regulations, the President shall publish a notice in the Federal Register stating that such reevaluation has been President.

Deadline.

42 USC 7412

note. Deadline. Deadline. 42 USC 7412

note.

### 113 STAT. 214 PUBLIC LAW 106–40—AUG. 5, 1999

LEGISLATIVE HISTORY—S. 880:

SENATE REPORTS: No. 106–70 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 145 (1999): June 23, considered and passed Senate. July 21, considered and passed House, amended. Aug. 2, Senate concurred in House amendments.



# Æ completed and that a determination has been made not to modify the regulations. Such notice shall include an explanation of the

basis of such decision.

SEC. 4. PUBLIC MEETING DURING MORATORIUM PERIOD.

(a) I N GENERAL .—Not later than 180 days after the date of enactment of this Act, each owner or operator of a stationary source covered by section 112(r)(7)(B)(ii) of the Clean Air Act shall convene a public meeting, after reasonable public notice, in orderto describe and discuss the local implications of the risk management plan submitted by the stationary source pursuant to section 112(r)(7)(B)(iii) of the Clean Air Act, including a summary of the off-site consequence analysis portion of the plan. Two or more stationary sources may conduct a joint meeting. In lieu of conducting such a meeting, small business stationary sources as defined in section 507(c)(1) of the Clean Air Act may comply with this section by publicly posting a summary of the off-site consequence analysis information for their facility not later than 180 days after the

enactment of this Act. Not later than 10 months after the date of enactment of this Act, each such owner or operator shall send a certification to the director of the Federal Bureau of Investigation stating that such meeting has been held, or that such summary has been posted, within 1 year prior to, or within 6 months after, the date of the enactment of this Act. This section shall not apply to sources that employ only Program 1 processes within the meaning of regulations promulgated under section 112(r)(7)(B)(i) of the Clean

Air Act. (b) E NFORCEMENT .—The Administrator of the Environmental Protection Agency may bring an action in the appropriate United States district court against any person who fails or refuses to comply with the requirements of this section, and such court may issue such orders, and take such other actions, as may be necessary to require compliance with such requirements.

Approved Aug. 5, 1999. Certification. Deadline. 42 USC 7412

note.