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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 880 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  1st Session
                                 S. 880

_______________________________________________________________________

                                 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.

    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 ``Fuels Regulatory Relief Act''.

SEC. 2. FINDINGS.

    Congress finds that, because of their low toxicity and because they 
are regulated sufficiently under other programs, flammable fuels, such 
as propane, should not be included on the list of substances subject to 
the risk management plan program under section 112(r) of the Clean Air 
Act (42 U.S.C. 7412(r)).

SEC. 3. REMOVAL OF FLAMMABLE FUELS FROM RISK MANAGEMENT LIST.

    Section 112(r)(4) of the Clean Air Act (42 U.S.C. 7412(r)(4)) is 
amended--
            (1) by redesignating subparagraphs (A) through (C) as 
        clauses (i) through (iii), respectively, and indenting 
        appropriately;
            (2) by striking ``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)), by striking the period at the end and inserting 
        ``; and''; and
            (4) by adding at the end the following:
                    ``(B) shall not list a flammable substance when 
                used as a fuel or held for sale as a fuel 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 acute adverse 
                heath 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.''.

SEC. 4. PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS INFORMATION.

    (a) In 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 
                analysis information.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Covered 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 entity that 
                                        has been given, by a State or 
                                        local government, 
                                        responsibility for preventing, 
                                        planning for, or responding to 
                                        accidental releases and 
                                        criminal 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) Criminal release.--The term 
                                `criminal release' means an emission of 
                                a regulated substance into the ambient 
                                air from a stationary source that is 
                                caused, in whole or in part, by a 
                                criminal act.
                                    ``(III) Official use.--The term 
                                `official use' means an action of a 
                                Federal, State, or local government 
                                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 or criminal 
                                releases.
                                    ``(IV) Off-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 scenario or alternative 
                                scenario accidental releases, and any 
                                electronic data base created by the 
                                Administrator from those portions.
                                    ``(V) Risk management plan.--The 
                                term `risk management plan' means a 
                                risk management plan submitted to the 
                                Administrator by an owner or operator 
                                of a stationary source under 
                                subparagraph (B).
                            ``(ii) Regulations.--Not later than 1 year 
                        after the 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 
                                        information for reduction in 
                                        the risk of accidental releases 
                                        and criminal 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 
                                criminal releases 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;
                                            ``(bb) allows other public 
                                        access to off-site consequence 
                                        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) Availability under freedom of 
                        information act.--
                                    ``(I) First 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.
                            ``(iv) Availability of information during 
                        transition 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) Prohibition on unauthorized 
                        disclosure of information by covered persons.--
                                    ``(I) In 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 sources derived 
                                from such information, except as 
                                authorized by this subparagraph 
                                (including the regulations promulgated 
                                under clause (ii)). After the end of 
                                the 1-year period beginning on the date 
                                of enactment of this subparagraph, if 
                                regulations have not been promulgated 
                                under clause (ii), the preceding 
                                sentence shall not apply.
                                    ``(II) Criminal penalties.--
                                            ``(aa) Knowing 
                                        violations.--A covered person 
                                        that knowingly violates a 
                                        restriction or prohibition 
                                        established by this 
                                        subparagraph (including the 
                                        regulations promulgated under 
                                        clause (ii)) shall be fined not 
                                        more than $5,000 for each 
                                        unauthorized disclosure of off-
                                        site consequence analysis 
                                        information. The disclosure of 
                                        off-site consequence analysis 
                                        information for each specific 
                                        stationary source shall be 
                                        considered a separate offense. 
                                        Section 3571 of title 18, 
                                        United States Code, shall not 
                                        apply to an offense under this 
                                        item. The total of all 
                                        penalties that may be imposed 
                                        on a single person or 
                                        organization under this item 
                                        shall not exceed $100,000 for 
                                        violations committed during any 
                                        1 calendar year.
                                            ``(bb) Willful 
                                        violations.--A covered person 
                                        that willfully violates a 
                                        restriction or prohibition 
                                        established by this 
                                        subparagraph (including the 
                                        regulations promulgated under 
                                        clause (ii)) shall be fined 
                                        under section 3571 of title 18, 
                                        United States Code, for each 
                                        unauthorized disclosure of off-
                                        site consequence analysis 
                                        information, but shall not be 
                                        subject to imprisonment. 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.
                                    ``(IV) List.--The Administrator 
                                shall maintain and make publicly 
                                available a list of all stationary 
                                sources that have provided notification 
                                under subclause (III)(bb).
                            ``(vi) Guidance.--
                                    ``(I) Issuance.--Not later than 60 
                                days after the date of enactment of 
                                this subparagraph, the Administrator, 
                                after consultation with the Attorney 
                                General and the States, shall issue 
                                guidance that describes official uses 
                                of off-site consequence analysis 
                                information in a manner consistent with 
                                the restrictions in items (cc) through 
                                (ee) of clause (ii)(II).
                                    ``(II) Relationship to 
                                regulations.--The guidance describing 
                                official uses shall be modified, as 
                                appropriate, consistent with the 
                                regulations promulgated under clause 
                                (ii).
                                    ``(III) Distribution.--The 
                                Administrator shall transmit a copy of 
                                the guidance describing official uses 
                                to--
                                            ``(aa) each covered person 
                                        to which off-site consequence 
                                        analysis information is made 
                                        available under clause (iv); 
                                        and
                                            ``(bb) each covered person 
                                        to which off-site consequence 
                                        analysis information is made 
                                        available for an official use 
                                        under the regulations 
                                        promulgated under clause (ii).
                            ``(vii) Qualified researchers.--
                                    ``(I) In 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 implement a 
                                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) Limitation on 
                                dissemination.--The system 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) Read-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) Effect on state or local law.--
                                    ``(I) In general.--Subject to 
                                subclause (II), this subparagraph 
                                (including the regulations promulgated 
                                under this subparagraph) shall 
                                supersede any provision of State or 
                                local law that is inconsistent with 
                                this subparagraph (including the 
                                regulations).
                                    ``(II) Availability 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 on achievement of 
                        objectives.--
                                    ``(I) In general.--Not later than 3 
                                years after the date of enactment of 
                                this subparagraph, the Comptroller 
                                General shall submit to Congress a 
                                report that describes the extent to 
                                which the regulations promulgated under 
                                this paragraph have resulted in 
                                actions, including the design and 
                                maintenance of safe facilities, that 
                                are effective in detecting, preventing, 
                                and minimizing the consequences of 
                                releases of regulated substances that 
                                may be caused by criminal activity.
                                    ``(II) Interim report.--Not later 
                                than 270 days after the date of 
                                enactment of this subparagraph, the 
                                Comptroller General shall submit to 
                                Congress an interim report that 
                                includes, at a minimum--
                                            ``(aa) the preliminary 
                                        findings under subclause (I);
                                            ``(bb) the methods used to 
                                        develop those 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 
                                        from the preliminary findings.
                            ``(xii) Scope.--This subparagraph--
                                    ``(I) applies only to covered 
                                persons; and
                                    ``(II) does not restrict the 
                                dissemination of off-site consequence 
                                analysis information by any covered 
                                person in any manner or form except in 
                                the form of a risk management plan or 
                                an electronic data base created by the 
                                Administrator from off-site consequence 
                                analysis information.
                            ``(xiii) Authorization of appropriations.--
                        There are authorized to be appropriated to the 
                        Administrator and the Attorney General such 
                        sums as are necessary to carry out this 
                        subparagraph (including the regulations 
                        promulgated under clause (ii)), to remain 
                        available until expended.''.
    (b) Reports.--
            (1) Definition 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) Report on status of certain amendments.--Not later than 
        2 years after the date of enactment of this Act, the 
        Comptroller 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) Report 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) Termination of Authority.--The authority provided by this 
section and the amendment made by this section terminates 6 years after 
the date of enactment of this Act.

            Passed the Senate June 23, 1999.

            Attest:

                                                             Secretary.
106th CONGRESS

  1st Session

                                 S. 880

_______________________________________________________________________

                                 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.

S 880 ES----2
S 880 ES----3
S 880 ES----4
S 880 ES----5
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