Calendar No. 141

106TH CONGRESS

1ST SESSION S. 880

[Report No. 106–70]

A BILL

To amend the Clean Air Act to remove flammable

under the risk management plan program.which reporting and other activities are requiredfuels from the list of substances with respect to

JUNE 9, 1999

Reported with an amendment
II

Calendar No. 141

106TH CONGRESS

1ST SESSION S. 880

[Report No. 106–70]

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.

IN THE SENATE OF THE UNITED STATES

APRIL 26, 1999

Mr. INHOFE (for himself, Mr. BURNS, Mr. WARNER, Mr. HAGEL, Mr. SESSIONS, Mr. KERREY, Mr. CLELAND, Mr. SHELBY, Mr. BENNETT, Mr.

COCHRAN, Mr. MURKOWSKI, Mr. ROBERTS, and Mr. JOHNSON) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

JUNE 9, 1999

Reported by Mr. CHAFEE, with an amendment

[Omit the part struck through and insert the part printed in italic]

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Fuels Regulatory Re3 lief Act’’.

4 SEC. 2. FINDINGS.

5 Congress finds that, because of their low toxicity and

6 because they are regulated sufficiently under other pro7 grams, flammable fuels, such as propane, should not be

8 included on the list of substances subject to the risk man9 agement plan program under section 112(r) of the Clean

10 Air Act (42 U.S.C. 7412(r)).

11 SEC. 3. REMOVAL OF FLAMMABLE FUELS FROM RISK MAN12 AGEMENT LIST.

13 Section 112(r)(4) of the Clean Air Act (42 U.S.C.

14 7412(r)(4)) is amended—

15 (1) by redesignating subparagraphs (A) through

16 (C) as clauses (i) through (iii), respectively, and in17 denting appropriately;

18 (2) by striking ‘‘Administrator shall consider

19 each of the following criteria—’’ and inserting the

20 following: ‘‘Administrator—

21 ‘‘(A) shall consider—’’;

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

23 paragraphs (1) and (2)), by striking the period at

24 the end and inserting ‘‘; and’’; and

25 (4) by adding at the end the following:
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1 ‘‘(B) shall not regulate non-acute toxic

2 flammable fuels when used or stored for fuel

3 purposes or retail sale unless the fuels are haz4 ardous waste.’’.

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

6 when used as a fuel or held for sale as a fuel

7 under this subsection solely because of the explo8 sive or flammable properties of the substance,

9 unless a fire or explosion caused by the substance

10 will result in acute adverse heath effects from

11 human exposure to the substance, including the

12 unburned fuel or its combustion byproducts,

13 other than those caused by the heat of the fire or

14 impact of the explosion.’’.

15 SEC. 4. PUBLIC AVAILABILITY OF OFF-SITE CONSEQUENCE

16 ANALYSIS INFORMATION IN RISK MANAGE17 MENT PLANS.

18 (a) DEFINITIONS.—In this section:

19 (1) ACCIDENTAL RELEASE.—The term ‘‘acci20 dental release’’ has the meaning given the term in sec21 tion 112(r)(2) of the Clean Air Act (42 U.S.C.

22 7412(r)(2)).

23 (2) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency.
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1 (3) OFF-SITE CONSEQUENCE ANALYSIS INFORMA2 TION.—The term ‘‘off-site consequence analysis infor3 mation’’ means those portions of a risk management

4 plan, excluding the executive summary of the plan,

5 consisting of an evaluation of 1 or more worst-case

6 scenario or alternative scenario accidental releases.

7 (4) RISK MANAGEMENT PLAN.—The term ‘‘risk

8 management plan’’ means a risk management plan

9 submitted by an owner or operator of a stationary

10 source under section 112(r)(7)(B) of the Clean Air

11 Act (42 U.S.C. 7412(r)(7)(B)).

12 (5) STATE.—The term ‘‘State’’ means any of the

13 50 States, the District of Columbia, the Common14 wealth of Puerto Rico, the Virgin Islands, Guam,

15 American Samoa, the Commonwealth of the Northern

16 Mariana Islands, and Indian tribes (as defined in

17 section 102 of the Federally Recognized Indian Tribe

18 List Act of 1994 (25 U.S.C. 479a)).

19 (6) STATIONARY SOURCE.—The term ‘‘stationary

20 source’’ has the meaning given the term in section

21 112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)).

22 (b) EXEMPTION FROM AVAILABILITY UNDER FREE23 DOM OF INFORMATION ACT.—

24 (1) IN GENERAL.—Off-site consequence analysis

25 information, or information derived from off-site con-
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1 sequence analysis information, shall not be made

2 available under section 552 of title 5, United States

3 Code.

4 (2) EFFECT ON CERTAIN AVAILABILITY.—Except

5 as provided in subsection (c), nothing in this section

6 affects the obligation of the Administrator under sec7 tion 112(r)(7)(B)(iii) of the Clean Air Act (42 U.S.C.

8 7412(r)(7)(B)(iii)) to make available off-site con9 sequence analysis information or information derived

10 from that information.

11 (c) AVAILABILITY OF OFF-SITE CONSEQUENCE ANAL12 YSIS INFORMATION.—

13 (1) GENERAL AVAILABILITY.—

14 (A) ELECTRONIC FORM.—An officer or em15 ployee of the United States may make available

16 in electronic form off-site consequence analysis

17 information only in the manner provided in

18 paragraphs (2), (5), and (6) and subsection (d).

19 (B) PAPER FORM.—An officer or employee

20 of the United States may make available in

21 paper form off-site consequence analysis infor22 mation only in the manner provided in para23 graphs (3), (4), and (5), and subsection (d).

24 (2) AVAILABILITY IN ELECTRONIC FORM FOR OF25 FICIAL USE BY STATE OR LOCAL GOVERNMENTS.—The
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1 Administrator may make available in electronic form

2 off-site consequence analysis information to a State

3 or local government officer or employee for official

4 use.

5 (3) AVAILABILITY TO PUBLIC IN PAPER FORM.—

6 (A) IN GENERAL.—In response to a request

7 for off-site consequence analysis information or

8 for a risk management plan, the Administrator

9 shall make available a copy of off-site con10 sequence analysis information, but only in paper

11 form.

12 (B) CONDITIONS.—The conditions under

13 which off-site consequence analysis information

14 shall be made available, including the maximum

15 number of requests that any single requester may

16 make, and the maximum number of stationary

17 sources for which off-site consequence analysis

18 information may be made available in response

19 to any single request, shall be determined by the

20 Administrator in guidance issued under sub21 section (e)(1).

22 (C) PROMPT RESPONSE.—Consistent with

23 this paragraph, the Administrator shall prompt24 ly respond to off-site consequence analysis infor25 mation requests.
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1 (D) FEE.—The Administrator may levy a

2 fee applicable to the processing of off-site con3 sequence analysis information requests that cov4 ers the cost to the Administrator of processing

5 the requests and reproducing the information in

6 paper form.

7 (4) AVAILABILITY TO STATES AND LOCAL GOV8 ERNMENTS IN PAPER FORM.—At the request of a

9 State or local government officer acting in the officer’s

10 official capacity, the Administrator may provide to

11 the officer in paper form, for official use only, the off12 site consequence analysis information submitted for

13 the stationary sources located in the State in which

14 the State or local government officer serves.

15 (5) AVAILABILITY FOR LIMITED PUBLIC INSPEC16 TION.—

17 (A) IN GENERAL.—The Administrator shall

18 ensure that every risk management plan sub19 mitted to the Environmental Protection Agency

20 is available in paper or electronic form for pub21 lic inspection, but not copying, during normal

22 business hours, including in depository libraries

23 designated under chapter 19 of title 44, United

24 States Code.
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1 (B) LIMITATION ON AVAILABILITY OF RISK

2 MANAGEMENT PLANS IN ELECTRONIC FORM.—

3 For the purposes of this paragraph, the Adminis4 trator may make risk management plans avail5 able in electronic form only if the electronic form

6 does not provide an electronic means of ranking

7 stationary sources based on off-site consequence

8 analysis information.

9 (C) FEDERAL ASSISTANCE.—The Public

10 Printer and the Attorney General shall assist the

11 Administrator in carrying out this paragraph in

12 order to ensure that the information provided to

13 the depository libraries is adequately protected.

14 (D) AUTHORIZATION OF APPROPRIA15 TIONS.—There are authorized to be appropriated

16 to the Administrator and to the Public Printer

17 such sums as are necessary to carry out this

18 paragraph, to remain available until expended.

19 (6) AVAILABILITY TO PUBLIC OF GENERAL IN20 FORMATION IN ELECTRONIC FORM.—

21 (A) FROM THE ADMINISTRATOR.—After con22 sultation with the Attorney General and the

23 heads of other appropriate Federal agencies, the

24 Administrator may make off-site consequence

25 analysis information available to the public in
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1 an electronic form that does not include informa2 tion concerning the identity or the location of the

3 stationary sources for which the information was

4 submitted.

5 (B) FROM OTHER GOVERNMENT OFFICERS

6 AND EMPLOYEES.—Except as provided in sub7 paragraph (A), an officer or employee of the

8 United States, or an officer or employee of a

9 State or local government, shall not make off-site

10 consequence analysis information available to the

11 public in any form except as authorized by the

12 Administrator.

13 (7) AUTHORITY OF STATES AND LOCAL GOVERN14 MENTS TO MAKE INFORMATION AVAILABLE.—Notwith15 standing any provision of State or local law, and ex16 cept as provided in subsection (d)(2), an officer or

17 employee of a State or local government may make

18 off-site consequence analysis information available

19 only to the extent that an officer or employee of the

20 United States would be permitted to make the infor21 mation available, consistent with the guidance and

22 any regulations promulgated under subsection (e), ex23 cept that a State or local government officer or em24 ployee may make available only the information that
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1 concerns stationary sources located in the State in

2 which the officer or employee serves.

3 (8) COLLECTION AND MAINTENANCE OF RECORDS

4 OF PERSONS SEEKING ACCESS TO INFORMATION.—

5 (A) LIMITATION ON AUTHORITY OF THE AD6 MINISTRATOR.—

7 (i) IN GENERAL.—The Administrator

8 may collect and maintain records that re9 flect the identity of individuals and other

10 persons seeking access to information under

11 this section only to the extent that the col12 lection and maintenance is relevant to, and

13 necessary to accomplish, a purpose of the

14 Environmental Protection Agency that is

15 required to be accomplished by statute or by

16 executive order of the President.

17 (ii) APPLICABILITY OF FREEDOM OF

18 INFORMATION ACT.—Records collected under

19 clause (i) shall be subject to section 552a of

20 title 5, United States Code.

21 (B) LIMITATION ON AUTHORITY OF STATE

22 OR LOCAL GOVERNMENTS.—An officer or em23 ployee of a State or local government may collect

24 and maintain records that reflect the identity of

25 individuals and other persons seeking access to
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1 information under this section only to the extent

2 that the collection and maintenance is relevant

3 to, and necessary to accomplish, a purpose of the

4 employing agency that is required to be accom5 plished by State statute.

6 (9) CRIMINAL PENALTIES.—An officer or em7 ployee of the United States, or an officer or employee

8 of a State or local government, who knowingly vio9 lates a restriction or prohibition established by this

10 subsection shall be fined under section 3571 of title

11 18, United States Code, imprisoned not more than 1

12 year, or both.

13 (d) AVAILABILITY OF INFORMATION TO AND FROM

14 AGENTS AND CONTRACTORS.—

15 (1) AVAILABILITY FROM UNITED STATES.—

16 (A) IN GENERAL.—An officer or employee of

17 the United States may make off-site consequence

18 analysis information available in any form to

19 officers and employees of agents and contractors

20 of the Federal Government for official use only.

21 (B) RESTRICTIONS AND PENALTIES.—For

22 the purposes of this section, with respect to infor23 mation made available under subparagraph (A),

24 officers and employees of agents and contractors

25 shall be considered to be officers and employees
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1 of the United States and shall be subject to the

2 same restrictions and penalties as apply to offi3 cers and employees of the United States under

4 this section.

5 (2) AVAILABILITY FROM STATE AND LOCAL GOV6 ERNMENTS.—

7 (A) IN GENERAL.—An officer or employee of

8 a State or local government may make off-site

9 consequence analysis information available in

10 any form to officers and employees of agents and

11 contractors of the State or local government for

12 official use only.

13 (B) RESTRICTIONS AND PENALTIES.—For

14 the purposes of this section, with respect to infor15 mation made available under subparagraph (A),

16 officers and employees of agents and contractors

17 shall be considered to be officers and employees

18 of the State or local government and shall be

19 subject to the same restrictions and penalties as

20 apply to officers and employees of the State or

21 local government under this section.

22 (e) GUIDANCE AND REGULATIONS.—

23 (1) ISSUANCE OF GUIDANCE.—

24 (A) IN GENERAL.—Not later than 60 days

25 after the date of enactment of this Act, the Ad-
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1 ministrator shall issue guidance setting forth

2 procedures and methods for making off-site con3 sequence analysis information available to the

4 public in a manner consistent with this section.

5 (B) CONSULTATION.—The Administrator

6 shall consult with the heads of other appropriate

7 Federal agencies in developing the guidance.

8 (C) REVISION OF GUIDANCE.—The Admin9 istrator may revise the guidance, as appropriate,

10 in consultation with the heads of appropriate

11 Federal agencies.

12 (D) JUDICIAL REVIEW.—Guidance issued

13 under this paragraph, and any revision of the

14 guidance, shall not be subject to judicial review.

15 (E) REGULATIONS IN LIEU OF GUIDANCE.—

16 To the extent that the Administrator determines

17 to be appropriate, the Administrator may pro18 mulgate regulations instead of issue guidance

19 under this subsection.

20 (2) REGULATIONS.—

21 (A) IN GENERAL.—The Administrator may

22 promulgate such regulations as are necessary to

23 carry out the duties of the Administrator under

24 this section.
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1 (B) JUDICIAL REVIEW.—Regulations pro2 mulgated under this paragraph shall be subject

3 to judicial review to the same extent and in the

4 same manner as regulations promulgated under

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

6 7412(r)(7)).

7 (f) AUTHORITY TO ISSUE ORDERS.—The Adminis8 trator may exercise the authority provided under section

9 112(r)(9) of the Clean Air Act (42 U.S.C. 7412(r)(9)) to

10 withhold, or prevent the release of, off-site consequence anal11 ysis information if the Administrator determines that re12 lease of the information may present an imminent and sub13 stantial endangerment to human health or welfare or the

14 environment.

15 (g) DELEGATION.—To the extent that the Adminis16 trator determines to be appropriate, the Administrator may

17 delegate the powers or duties of the Administrator under

18 this section to any officer or employee of the Environmental

19 Protection Agency.

20 (h) SITE SECURITY REVIEW AND PERIODIC REC21 OMMENDATIONS.—

22 (1) IN GENERAL.—Subject to the availability of

23 appropriations, the Attorney General may review in24 dustry practices regarding site security and the effec25 tiveness of this section.
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1 (2) CONDITIONS OF REVIEW.—A review under

2 paragraph (1)—

3 (A) shall use, to the maximum extent prac4 ticable, data available as of the date of the re5 view; and

6 (B) shall be conducted in consultation with

7 appropriate governmental agencies, affected in8 dustries, and the public.

9 (3) RECOMMENDATIONS.—The Attorney General

10 may periodically submit to Congress recommenda11 tions relating to the enhancement of site security

12 practices and the need for continued implementation

13 or modification of this section.