106TH CONGRESS

1ST SESSION S. 880

AMENDMENTS
In the House of Representatives, U. S.,

July 21, 1999.

Resolved, That the bill from the Senate (S. 880) entitled

‘‘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’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Chemical Safety Infor3 mation, Site Security and Fuels Regulatory Relief Act’’.

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

5 OTHER FLAMMABLE FUELS FROM RISK MAN6 AGEMENT LIST.

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

8 7412(r)) is amended—

9 (1) by redesignating subparagraphs (A) through

10 (C) of paragraph (4) as clauses (i) through (iii), re11 spectively, and indenting appropriately;
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1 (2) by striking in paragraph (4) ‘‘Administrator

2 shall consider each of the following criteria—’’ and

3 inserting the following: ‘‘Administrator—

4 ‘‘(A) shall consider—’’;

5 (3) in subparagraph (A)(iii) (as designated by

6 paragraphs (1) and (2)), of paragraph (4)by striking

7 the period at the end and inserting ‘‘; and’’;

8 (4) by adding at the end of paragraph (4) the

9 following:

10 ‘‘(B) shall not list a flammable substance

11 when used as a fuel or held for sale as a fuel at

12 a retail facility under this subsection solely be13 cause of the explosive or flammable properties of

14 the substance, unless a fire or explosion caused

15 by the substance will result in acute adverse

16 heath effects from human exposure to the sub17 stance, including the unburned fuel or its com18 bustion byproducts, other than those caused by

19 the heat of the fire or impact of the explosion.’’;

20 and

21 (5) by inserting the following new subparagraph

22 at the end of paragraph (2):

23 ‘‘(D) The term ‘retail facility’ means a sta24 tionary source at which more than one-half of

25 the income is obtained from direct sales to end
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1 users or at which more than one-half of the fuel

2 sold, by volume, is sold through a cylinder ex3 change program.’’.

4 SEC. 3. PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANAL5 YSIS INFORMATION.

6 (a) IN GENERAL.—Section 112(r)(7) of the Clean Air

7 Act (42 U.S.C. 7412(r)(7)) is amended by adding at the

8 end the following:

9 ‘‘(H) PUBLIC ACCESS TO OFF-SITE CON10 SEQUENCE ANALYSIS INFORMATION.—

11 ‘‘(i) DEFINITIONS.—In this subpara12 graph:

13 ‘‘(I) COVERED PERSON.—The

14 term ‘covered person’ means—

15 ‘‘(aa) an officer or employee

16 of the United States;

17 ‘‘(bb) an officer or employee

18 of an agent or contractor of the

19 Federal Government;

20 ‘‘(cc) an officer or employee

21 of a State or local government;

22 ‘‘(dd) an officer or employee

23 of an agent or contractor of a

24 State or local government;
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1 ‘‘(ee) an individual affiliated

2 with an entity that has been

3 given, by a State or local govern4 ment, responsibility for pre5 venting, planning for, or respond6 ing to accidental releases;

7 ‘‘(ff) an officer or employee

8 or an agent or contractor of an

9 entity described in item (ee); and

10 ‘‘(gg) a qualified researcher

11 under clause (vii).

12 ‘‘(II) OFFICIAL USE.—The term

13 ‘official use’ means an action of a Fed14 eral, State, or local government agency

15 or an entity referred to in subclause

16 (I)(ee) intended to carry out a function

17 relevant to preventing, planning for, or

18 responding to accidental releases.

19 ‘‘(III) OFF-SITE CONSEQUENCE

20 ANALYSIS INFORMATION.—The term

21 ‘off-site consequence analysis informa22 tion’ means those portions of a risk

23 management plan, excluding the execu24 tive summary of the plan, consisting of

25 an evaluation of 1 or more worst-case
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1 release scenarios or alternative release

2 scenarios, and any electronic data base

3 created by the Administrator from

4 those portions.

5 ‘‘(IV) RISK MANAGEMENT PLAN.—

6 The term ‘risk management plan’

7 means a risk management plan sub8 mitted to the Administrator by an

9 owner or operator of a stationary

10 source under subparagraph (B)(iii).

11 ‘‘(ii) REGULATIONS.—Not later than 1

12 year after the date of enactment of this sub13 paragraph, the President shall—

14 ‘‘(I) assess—

15 ‘‘(aa) the increased risk of

16 terrorist and other criminal activ17 ity associated with the posting of

18 off-site consequence analysis infor19 mation on the Internet; and

20 ‘‘(bb) the incentives created

21 by public disclosure of off-site con22 sequence analysis information for

23 reduction in the risk of accidental

24 releases; and
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1 ‘‘(II) based on the assessment

2 under subclause (I), promulgate regu3 lations governing the distribution of

4 off-site consequence analysis informa5 tion in a manner that, in the opinion

6 of the President, minimizes the likeli7 hood of accidental releases and the risk

8 described in subclause (I)(aa) and the

9 likelihood of harm to public health and

10 welfare, and—

11 ‘‘(aa) allows access by any

12 member of the public to paper

13 copies of off-site consequence anal14 ysis information for a limited

15 number of stationary sources lo16 cated anywhere in the United

17 States, without any geographical

18 restriction;

19 ‘‘(bb) allows other public ac20 cess to off-site consequence anal21 ysis information as appropriate;

22 ‘‘(cc) allows access for official

23 use by a covered person described

24 in any of items (cc) through (ff) of

25 clause (i)(I) (referred to in this
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1 subclause as a ‘State or local cov2 ered person’) to off-site con3 sequence analysis information re4 lating to stationary sources lo5 cated in the person’s State;

6 ‘‘(dd) allows a State or local

7 covered person to provide, for offi8 cial use, off-site consequence anal9 ysis information relating to sta10 tionary sources located in the per11 son’s State to a State or local cov12 ered person in a contiguous State;

13 and

14 ‘‘(ee) allows a State or local

15 covered person to obtain for offi16 cial use, by request to the Admin17 istrator, off-site consequence anal18 ysis information that is not avail19 able to the person under item (cc).

20 ‘‘(iii) AVAILABILITY UNDER FREEDOM

21 OF INFORMATION ACT.—

22 ‘‘(I) FIRST YEAR.—Off-site con23 sequence analysis information, and

24 any ranking of stationary sources de25 rived from the information, shall not
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1 be made available under section 552 of

2 title 5, United States Code, during the

3 1-year period beginning on the date of

4 enactment of this subparagraph.

5 ‘‘(II) AFTER FIRST YEAR.—If the

6 regulations under clause (ii) are pro7 mulgated on or before the end of the

8 period described in subclause (I), off9 site consequence analysis information

10 covered by the regulations, and any

11 ranking of stationary sources derived

12 from the information, shall not be

13 made available under section 552 of

14 title 5, United States Code, after the

15 end of that period.

16 ‘‘(III) APPLICABILITY.—Sub17 clauses (I) and (II) apply to off-site

18 consequence analysis information sub19 mitted to the Administrator before, on,

20 or after the date of enactment of this

21 subparagraph.

22 ‘‘(iv) AVAILABILITY OF INFORMATION

23 DURING TRANSITION PERIOD.—The Admin24 istrator shall make off-site consequence

25 analysis information available to covered
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1 persons for official use in a manner that

2 meets the requirements of items (cc) through

3 (ee) of clause (ii)(II), and to the public in

4 a form that does not make available any in5 formation concerning the identity or loca6 tion of stationary sources, during the

7 period—

8 ‘‘(I) beginning on the date of en9 actment of this subparagraph; and

10 ‘‘(II) ending on the earlier of the

11 date of promulgation of the regulations

12 under clause (ii) or the date that is 1

13 year after the date of enactment of this

14 subparagraph.

15 ‘‘(v) PROHIBITION ON UNAUTHORIZED

16 DISCLOSURE OF INFORMATION BY COVERED

17 PERSONS.—

18 ‘‘(I) IN GENERAL.—Beginning on

19 the date of enactment of this subpara20 graph, a covered person shall not dis21 close to the public off-site consequence

22 analysis information in any form, or

23 any statewide or national ranking of

24 identified stationary sources derived

25 from such information, except as au-
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1 thorized by this subparagraph (includ2 ing the regulations promulgated under

3 clause (ii)). After the end of the 1-year

4 period beginning on the date of enact5 ment of this subparagraph, if regula6 tions have not been promulgated under

7 clause (ii), the preceding sentence shall

8 not apply.

9 ‘‘(II) CRIMINAL PENALTIES.—Not10 withstanding section 113, a covered

11 person that willfully violates a restric12 tion or prohibition established by this

13 subparagraph (including the regula14 tions promulgated under clause (ii))

15 shall, upon conviction, be fined for an

16 infraction under section 3571 of title

17 18, United States Code, (but shall not

18 be subject to imprisonment) for each

19 unauthorized disclosure of off-site con20 sequence analysis information, except

21 that subsection (d) of such section 3571

22 shall not apply to a case in which the

23 offense results in pecuniary loss unless

24 the defendant knew that such loss

25 would occur. The disclosure of off-site
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1 consequence analysis information for

2 each specific stationary source shall be

3 considered a separate offense. The total

4 of all penalties that may be imposed on

5 a single person or organization under

6 this item shall not exceed $1,000,000

7 for violations committed during any 1

8 calendar year.

9 ‘‘(III) APPLICABILITY.—If the

10 owner or operator of a stationary

11 source makes off-site consequence anal12 ysis information relating to that sta13 tionary source available to the public

14 without restriction—

15 ‘‘(aa) subclauses (I) and (II)

16 shall not apply with respect to the

17 information; and

18 ‘‘(bb) the owner or operator

19 shall notify the Administrator of

20 the public availability of the in21 formation.

22 ‘‘(IV) LIST.—The Administrator

23 shall maintain and make publicly

24 available a list of all stationary
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1 sources that have provided notification

2 under subclause (III)(bb).

3 ‘‘(vi) NOTICE.—The Administrator

4 shall provide notice of the definition of offi5 cial use as provided in clause (i)(III) and

6 examples of actions that would and would

7 not meet that definition, and notice of the

8 restrictions on further dissemination and

9 the penalties established by this Act to each

10 covered person who receives off-site con11 sequence analysis information under clause

12 (iv) and each covered person who receives

13 off-site consequence analysis information for

14 an official use under the regulations pro15 mulgated under clause (ii).

16 ‘‘(vii) QUALIFIED RESEARCHERS.—

17 ‘‘(I) IN GENERAL.—Not later than

18 180 days after the date of enactment of

19 this subparagraph, the Administrator,

20 in consultation with the Attorney Gen21 eral, shall develop and implement a

22 system for providing off-site con23 sequence analysis information, includ24 ing facility identification, to any

25 qualified researcher, including a quali-
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1 fied researcher from industry or any

2 public interest group.

3 ‘‘(II) LIMITATION ON DISSEMINA4 TION.—The system shall not allow the

5 researcher to disseminate, or make

6 available on the Internet, the off-site

7 consequence analysis information, or

8 any portion of the off-site consequence

9 analysis information, received under

10 this clause.

11 ‘‘(viii) READ-ONLY INFORMATION

12 TECHNOLOGY SYSTEM.—In consultation

13 with the Attorney General and the heads of

14 other appropriate Federal agencies, the Ad15 ministrator shall establish an information

16 technology system that provides for the

17 availability to the public of off-site con18 sequence analysis information by means of

19 a central data base under the control of the

20 Federal Government that contains informa21 tion that users may read, but that provides

22 no means by which an electronic or me23 chanical copy of the information may be

24 made.
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1 ‘‘(ix) VOLUNTARY INDUSTRY ACCIDENT

2 PREVENTION STANDARDS.—The Environ3 mental Protection Agency, the Department

4 of Justice, and other appropriate agencies

5 may provide technical assistance to owners

6 and operators of stationary sources and

7 participate in the development of voluntary

8 industry standards that will help achieve

9 the objectives set forth in paragraph (1).

10 ‘‘(x) EFFECT ON STATE OR LOCAL

11 LAW.—

12 ‘‘(I) IN GENERAL.—Subject to

13 subclause (II), this subparagraph (in14 cluding the regulations promulgated

15 under this subparagraph) shall super16 sede any provision of State or local

17 law that is inconsistent with this sub18 paragraph (including the regulations).

19 ‘‘(II) AVAILABILITY OF INFORMA20 TION UNDER STATE LAW.—Nothing in

21 this subparagraph precludes a State

22 from making available data on the off23 site consequences of chemical releases

24 collected in accordance with State law.

25 ‘‘(xi) REPORT.—
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1 ‘‘(I) IN GENERAL.—Not later than

2 3 years after the date of enactment of

3 this subparagraph, the Attorney Gen4 eral, in consultation with appropriate

5 State, local, and Federal Government

6 agencies, affected industry, and the

7 public, shall submit to Congress a re8 port that describes the extent to which

9 regulations promulgated under this

10 paragraph have resulted in actions, in11 cluding the design and maintenance of

12 safe facilities, that are effective in de13 tecting, preventing, and minimizing

14 the consequences of releases of regulated

15 substances that may be caused by

16 criminal activity. As part of this re17 port, the Attorney General, using

18 available data to the extent possible,

19 and a sampling of covered stationary

20 sources selected at the discretion of the

21 Attorney General, and in consultation

22 with appropriate State, local, and Fed23 eral governmental agencies, affected in24 dustry, and the public, shall review the

25 vulnerability of covered stationary
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1 sources to criminal and terrorist activ2 ity, current industry practices regard3 ing site security, and security of trans4 portation of regulated substances. The

5 Attorney General shall submit this re6 port, containing the results of the re7 view, together with recommendations,

8 if any, for reducing vulnerability of

9 covered stationary sources to criminal

10 and terrorist activity, to the Committee

11 on Commerce of the United States

12 House of Representatives and the Com13 mittee on Environment and Public

14 Works of the United States Senate and

15 other relevant committees of Congress.

16 ‘‘(II) INTERIM REPORT.—Not

17 later than 12 months after the date of

18 enactment of this subparagraph, the

19 Attorney General shall submit to the

20 Committee on Commerce of the United

21 States House of Representatives and

22 the Committee on Environment and

23 Public Works of the United States Sen24 ate, and other relevant committees of
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1 Congress, an interim report that in2 cludes, at a minimum—

3 ‘‘(aa) the preliminary find4 ings under subclause (I);

5 ‘‘(bb) the methods used to de6 velop the findings; and

7 ‘‘(cc) an explanation of the

8 activities expected to occur that

9 could cause the findings of the re10 port under subclause (I) to be dif11 ferent than the preliminary find12 ings.

13 ‘‘(III) AVAILABILITY OF INFORMA14 TION.—Information that is developed

15 by the Attorney General or requested

16 by the Attorney General and received

17 from a covered stationary source for

18 the purpose of conducting the review

19 under subclauses (I) and (II) shall be

20 exempt from disclosure under section

21 552 of title 5, United States Code, if

22 such information would pose a threat

23 to national security.

24 ‘‘(xii) SCOPE.—This subparagraph—
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1 ‘‘(I) applies only to covered per2 sons; and

3 ‘‘(II) does not restrict the dissemi4 nation of off-site consequence analysis

5 information by any covered person in

6 any manner or form except in the form

7 of a risk management plan or an elec8 tronic data base created by the Admin9 istrator from off-site consequence anal10 ysis information.

11 ‘‘(xiii) AUTHORIZATION OF APPRO12 PRIATIONS.—There are authorized to be ap13 propriated to the Administrator and the At14 torney General such sums as are necessary

15 to carry out this subparagraph (including

16 the regulations promulgated under clause

17 (ii)), to remain available until expended.’’.

18 (b) REPORTS.—

19 (1) DEFINITION OF ACCIDENTAL RELEASE.—In

20 this subsection, the term ‘‘accidental release’’ has the

21 meaning given the term in section 112(r)(2) of the

22 Clean Air Act (42 U.S.C. 7412(r)(2)).

23 (2) REPORT ON STATUS OF CERTAIN AMEND24 MENTS.—Not later than 2 years after the date of en25 actment of this Act, the Comptroller General of the
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1 United States shall submit to Congress a report on

2 the status of the development of amendments to the

3 National Fire Protection Association Code for Lique4 fied Petroleum Gas that will result in the provision

5 of information to local emergency response personnel

6 concerning the off-site effects of accidental releases of

7 substances exempted from listing under section

8 112(r)(4)(B) of the Clean Air Act (as added by sec9 tion 3).

10 (3) REPORT ON COMPLIANCE WITH CERTAIN IN11 FORMATION SUBMISSION REQUIREMENTS.—Not later

12 than 3 years after the date of enactment of this Act,

13 the Comptroller General of the United States shall

14 submit to Congress a report that—

15 (A) describes the level of compliance with

16 Federal and State requirements relating to the

17 submission to local emergency response personnel

18 of information intended to help the local emer19 gency response personnel respond to chemical ac20 cidents or related environmental or public health

21 threats; and

22 (B) contains an analysis of the adequacy of

23 the information required to be submitted and the

24 efficacy of the methods for delivering the infor25 mation to local emergency response personnel.
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1 (c) REEVALUATION OF REGULATIONS.—The President

2 shall reevaluate the regulations promulgated under this sec3 tion within 6 years after the enactment of this Act. If the

4 President determines not to modify such regulations, the

5 President shall publish a notice in the Federal Register stat6 ing that such reevaluation has been completed and that a

7 determination has been made not to modify the regulations.

8 Such notice shall include an explanation of the basis of such

9 decision.

10 SEC. 4. PUBLIC MEETING DURING MORATORIUM PERIOD.

11 (a) IN GENERAL.—Not later than 180 days after the

12 date of enactment of this Act, each owner or operator of

13 a stationary source covered by section 112(r)(7)(B)(ii) of

14 the Clean Air Act shall convene a public meeting, after rea15 sonable public notice, in order to describe and discuss the

16 local implications of the risk management plan submitted

17 by the stationary source pursuant to section

18 112(r)(7)(B)(iii) of the Clean Air Act, including a sum19 mary of the off-site consequence analysis portion of the

20 plan. Two or more stationary sources may conduct a joint

21 meeting. In lieu of conducting such a meeting, small busi22 ness stationary sources as defined in section 507(c)(1) of

23 the Clean Air Act may comply with this section by publicly

24 posting a summary of the off-site consequence analysis in25 formation for their facility not later than 180 days after
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1 the enactment of this Act. Not later than 10 months after

2 the date of enactment of this Act, each such owner or oper3 ator shall send a certification to the director of the Federal

4 Bureau of Investigation stating that such meeting has been

5 held, or that such summary has been posted, within 1 year

6 prior to, or within 6 months after, the date of the enactment

7 of this Act. This section shall not apply to sources that em8 ploy only Program 1 processes within the meaning of regu9 lations promulgated under section 112(r)(7)(B)(i) of the

10 Clean Air Act.

11 (b) ENFORCEMENT.—The Administrator of the Envi12 ronmental Protection Agency may bring an action in the

13 appropriate United States district court against any person

14 who fails or refuses to comply with the requirements of this

15 section, and such court may issue such orders, and take such

16 other actions, as may be necessary to require compliance

17 with such requirements.

Amend the title so as to read ‘‘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.’’.

Attest:

Clerk.