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

(2) The Commission may appoint and fix the payofsuch staff

as it deems necessary in accordance with the provisions oftitle 5, United States Code. The Commission may request the temporaryassignmentofpersonnelfrom theEnvironmentalProtec- tionAgency orotherFederalagencies. (3) The members ofthe Commission who are not officers or employees ofthe United States, while attending conferences or meetings of the Commission or while otherwise serving at the request ofthe Chair, shall be entitled to receive compensation at a rate not in excess of the maximum rate ofpay for Grade GS-18, as provided in the General Schedule under section 5332 oftitle 5 ofthe United States Code, including travel time, and while away from their homes or regular places ofbusiness 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 ofenactment of the Clean Air Act Amendments of 1990 and shall be submitted to the Presi- dent andto the Congress not laterthan48 months after such dateof enactment. In the report, the Commission shall make recommenda- tions with respect to the appropriate use ofrisk assessment and risk management in Federal regulatory programs to prevent cancer or other chronic health effects which may result from exposure to hazardous substances. TheCommission shall cease to exist upon the date determined by the Commission, but not later than 9 months afterthe submission ofsuchreport. (g) AUTHORIZATION.-There are authorized to be appropriated suchsums as arenecessaryto carryoutthe activities oftheCommis- sion establishedbythissection.

29 USC 655 note. SEC. 304. CHEMICAL PROCESS SAFETYMANAGEMENT. (a) CHEMICAL PRocEss SAFETY STANDARD.-The SecretaryofLabor 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 ofhighly 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 ofsuch chemicals may include those chemicals listed by the Administrator under section 302 of the Emergency PlanningandCommunityRight to Know Act of1986. TheSecretary may make additions to such listwhen a substanceis found to pose a threat of serious injury or fatality in the event of an accidental release intheworkplace. (c) ELEMENTS OF SAFETY STANDARD.-Such standard shall, atminimum, 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 theprocesses, andtechnology used intheprocesses; (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 ofworkplace effects ofa range ofreleases, estimation ofthe health and safety effects of suchrangeon employees; (3) consult with employees and their representatives on the development and conduct ofhazard 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
assessmentfmdings, which shall address prevention, mitigation, and emergencyresponses; (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, emphasizinghazards and safe practices; (8) ensure contractors and contract employees are provided appropriateinformation andtraining; (9) train and educateemployees and contractors in emergency response in a manner as comprehensive and effective as that required by the regulation promulgated pursuant to section 126(d) ofthe 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

ensureongoing mechanical integrity; (12) conduct pre-start-up safety reviews of all newly installed

ormodified 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 resultedin a major accident intheworkplace, with anyfmdings
to be reviewed by operating personnel and modifications made ifappropriate. (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 oftitle I ofthe Clean Air Act is amended by adding the following new sectionatthe endthereof: