104 STAT. 2576 PUBLIC LAW 101-549-NOV. 15, 1990 

(2) The Commission may appoint and fix the pay of such staff 

as it deems necessary in accordance with the provisions of title 

5, United States Code. The Commission may request the temporary assignment of personnel from the Environmental Protec- tion Agency or other Federal agencies. (3) The members of the Commission who are not officers or employees of the United States, while attending conferences or meetings of the Commission or while otherwise serving at the 

request of the Chair, shall be entitled to receive compensation at a rate not in excess of the maximum rate of pay for Grade 

GS-18, as provided in the General Schedule under section 5332 of title 5 of the United States Code, including travel time, and while away from their homes or regular places of business they 

may be allowed travel expenses, including per diem in lieu of 

subsistence as authorized by law for persons in the Government 

service employed intermittently. (f) REPORT.-A report containing the results of all Commission studies and investigations under this section, together with any appropriate legislative recommendations or administrative recommendations, shall be made available to the public for comment 

not later than 42 months after the date of enactment of the Clean Air Act Amendments of 1990 and shall be submitted to the Presi- dent and to the Congress not later than 48 months after such date of 

enactment. In the report, the Commission shall make recommenda- tions with respect to the appropriate use of risk assessment and risk 

management in Federal regulatory programs to prevent cancer or other chronic health effects which may result from exposure to hazardous substances. The Commission shall cease to exist upon the 

date determined by the Commission, but not later than 9 months after the submission of such report. (g) AUTHORIZATION.-There are authorized to be appropriated such sums as are necessary to carry out the activities of the Commis- sion established by this section. 

29 USC 655 note. SEC. 304. CHEMICAL PROCESS SAFETY MANAGEMENT. 

(a) CHEMICAL PRocEss SAFETY STANDARD.-The Secretary of Labor shall act under the Occupational Safety and Health Act of 1970 (29 U.S.C. 653) to prevent accidental releases of chemicals which could 

pose a threat to employees. Not later than 12 months after the date 

of enactment of the Clean Air Act Amendments of 1990, the Secretary of Labor, in coordination with the Administrator of the Environmental Protection Agency, shall promulgate, pursuant to the Occupational Safety and Health Act, a chemical process safety standard designed to protect employees from hazards associated with accidental releases of highly hazardous chemicals in the workplace. 

(b) LIST OF HIGHLY HAZARDOUS CHEMICALS.-The Secretary shall include as part of such standard a list of highly hazardous chemi- cals, which include toxic, flammable, highly reactive and explosive substances. The list of such chemicals may include those chemicals 

listed by the Administrator under section 302 of the Emergency Planning and Community Right to Know Act of 1986. The Secretary 

may make additions to such list when a substance is found to pose a threat of serious injury or fatality in the event of an accidental release in the workplace. (c) ELEMENTS OF SAFETY STANDARD.-Such standard shall, at minimum, require employers to-
PUBLIC LAW 101-549-NOV. 15, 1990 104 STAT. 2577 

(1) develop and maintain written safety information identifying workplace chemical and process hazards, equipment used in 

the processes, and technology used in the processes; 

(2) perform a workplace hazard assessment, including, as 

appropriate, identification of potential sources of accidental 

releases, an identification of any previous release within the 

facility which had a likely potential for catastrophic consequences in the workplace, estimation of workplace effects of a 

range of releases, estimation of the health and safety effects of 

such range on employees; 

(3) consult with employees and their representatives on the 

development and conduct of hazard assessments and the development of chemical accident prevention plans and provide 

access to these and other records required under the standard; 

(4) establish a system to respond to the workplace hazard 

assessment fmdings, which shall address prevention, mitigation, 

and emergency responses; 

(5) periodically review the workplace hazard assessment and 

response system; 

(6) develop and implement written operating procedures for 

the chemical process including procedures for each operating 

phase, operating limitations, and safety and health 

considerations; 

(7) provide written safety and operating information to 

employees and train employees in operating procedures, 

emphasizing hazards and safe practices; 

(8) ensure contractors and contract employees are provided 

appropriate information and training; 

(9) train and educate employees and contractors in emergency 

response in a manner as comprehensive and effective as that 

required by the regulation promulgated pursuant to section 

126(d) of the Superfund Amendments and Reauthorization Act; 

(10) establish a quality assurance program to ensure that 

initial process related equipment, maintenance materials, and 

spare parts are fabricated and installed consistent with design 

specifications; 

(11) establish maintenance systems for critical process related 

equipment including written procedures, employee training, 

appropriate inspections, and testing of such equipment to 

ensure ongoing mechanical integrity; 

(12) conduct pre-start-up safety reviews of all newly installed 

or modified equipment; 

(13) establish and implement written procedures to manage 

change to process chemicals, technology, equipment and facilities; and 

(14) investigate every incident which results in or could have 

resulted in a major accident in the workplace, with any fmdings 

to be reviewed by operating personnel and modifications made 

if appropriate. 

(d) STATE AUTHORITY.-Nothing in this section may be construed 

to diminish the authority of the States and political subdivisions 

thereof as described in section 112(r)(ll) of the Clean Air Act. 

SEC. 305. SOLID WASTE COMBUSTION. 

(a) Part A of title I of the Clean Air Act is amended by adding the 

following new section at the end thereof: