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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Fuels Regulatory Re5 lief Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that, because of their low toxicity and

3 because they are regulated sufficiently under other pro4 grams, flammable fuels, such as propane, should not be

5 included on the list of substances subject to the risk man6 agement plan program under section 112(r) of the Clean

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

8 SEC. 3. REMOVAL OF FLAMMABLE FUELS FROM RISK MAN9 AGEMENT LIST.

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

11 7412(r)(4)) is amended—

12 (1) by redesignating subparagraphs (A) through

13 (C) as clauses (i) through (iii), respectively, and in14 denting appropriately;

15 (2) by striking ‘‘Administrator shall consider

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

17 following: ‘‘Administrator—

18 ‘‘(A) shall consider—’’;

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

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

21 the end and inserting ‘‘; and’’; and

22 (4) by adding at the end the following:

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

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

25 under this subsection solely because of the ex26 plosive or flammable properties of the sub-
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1 stance, unless a fire or explosion caused by the

2 substance will result in acute adverse heath ef3 fects from human exposure to the substance, in4 cluding the unburned fuel or its combustion by5 products, other than those caused by the heat

6 of the fire or impact of the explosion.’’.

7 SEC. 4. PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANAL8 YSIS INFORMATION.

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

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

11 end the following:

12 ‘‘(H) PUBLIC ACCESS TO OFF-SITE CON13 SEQUENCE ANALYSIS INFORMATION.—

14 ‘‘(i) DEFINITIONS.—In this subpara15 graph:

16 ‘‘(I) COVERED PERSON.—The

17 term ‘covered person’ means—

18 ‘‘(aa) an officer or employee

19 of the United States;

20 ‘‘(bb) an officer or employee

21 of an agent or contractor of the

22 Federal Government;

23 ‘‘(cc) an officer or employee

24 of a State or local government;
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1 ‘‘(dd) an officer or employee

2 of an agent or contractor of a

3 State or local government;

4 ‘‘(ee) an individual affiliated

5 with an entity that has been

6 given, by a State or local govern7 ment, responsibility for pre8 venting, planning for, or respond9 ing to accidental releases and

10 criminal releases;

11 ‘‘(ff) an officer or employee

12 or an agent or contractor of an

13 entity described in item (ee); and

14 ‘‘(gg) a qualified researcher

15 under clause (vii).

16 ‘‘(II) CRIMINAL RELEASE.—The

17 term ‘criminal release’ means an emis18 sion of a regulated substance into the

19 ambient air from a stationary source

20 that is caused, in whole or in part, by

21 a criminal act.

22 ‘‘(III) OFFICIAL USE.—The term

23 ‘official use’ means an action of a

24 Federal, State, or local government

25 agency or an entity referred to in sub-
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1 clause (I)(ee) intended to carry out a

2 function relevant to preventing, plan3 ning for, or responding to accidental

4 releases or criminal releases.

5 ‘‘(IV) OFF-SITE CONSEQUENCE

6 ANALYSIS INFORMATION.—The term

7 ‘off-site consequence analysis informa8 tion’ means those portions of a risk

9 management plan, excluding the exec10 utive summary of the plan, consisting

11 of an evaluation of 1 or more worst12 case scenario or alternative scenario

13 accidental releases, and any electronic

14 data base created by the Adminis15 trator from those portions.

16 ‘‘(V) RISK MANAGEMENT

17 PLAN.—The term ‘risk management

18 plan’ means a risk management plan

19 submitted to the Administrator by an

20 owner or operator of a stationary

21 source under subparagraph (B).

22 ‘‘(ii) REGULATIONS.—Not later than

23 1 year after the date of enactment of this

24 subparagraph, the President shall—

25 ‘‘(I) assess—
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1 ‘‘(aa) the increased risk of

2 terrorist and other criminal activ3 ity associated with the posting of

4 off-site consequence analysis in5 formation on the Internet; and

6 ‘‘(bb) the incentives created

7 by public disclosure of off-site

8 consequence analysis information

9 for reduction in the risk of acci10 dental releases and criminal re11 leases; and

12 ‘‘(II) based on the assessment

13 under subclause (I), promulgate regu14 lations governing the distribution of

15 off-site consequence analysis informa16 tion in a manner that, in the opinion

17 of the President, minimizes the likeli18 hood of accidental releases and crimi19 nal releases and the likelihood of

20 harm to public health and welfare,

21 and—

22 ‘‘(aa) allows access by any

23 member of the public to paper

24 copies of off-site consequence

25 analysis information for a limited
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1 number of stationary sources lo2 cated anywhere in the United

3 States;

4 ‘‘(bb) allows other public ac5 cess to off-site consequence anal6 ysis information as appropriate;

7 ‘‘(cc) allows access for offi8 cial use by a covered person de9 scribed in any of items (cc)

10 through (ff) of clause (i)(I) (re11 ferred to in this subclause as a

12 ‘State or local covered person’) to

13 off-site consequence analysis in14 formation relating to stationary

15 sources located in the person’s

16 State;

17 ‘‘(dd) allows a State or local

18 covered person to provide, for of19 ficial use, off-site consequence

20 analysis information relating to

21 stationary sources located in the

22 person’s State to a State or local

23 covered person in a contiguous

24 State; and
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1 ‘‘(ee) allows a State or local

2 covered person to obtain for offi3 cial use, by request to the Ad4 ministrator, off-site consequence

5 analysis information that is not

6 available to the person under

7 item (cc).

8 ‘‘(iii) AVAILABILITY UNDER FREEDOM

9 OF INFORMATION ACT.—

10 ‘‘(I) FIRST YEAR.—Off-site con11 sequence analysis information, and

12 any ranking of stationary sources de13 rived from the information, shall not

14 be made available under section 552

15 of title 5, United States Code, during

16 the 1-year period beginning on the

17 date of enactment of this subpara18 graph.

19 ‘‘(II) AFTER FIRST YEAR.—If the

20 regulations under clause (ii) are pro21 mulgated on or before the end of the

22 period described in subclause (I), off23 site consequence analysis information

24 covered by the regulations, and any

25 ranking of stationary sources derived
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1 from the information, shall not be

2 made available under section 552 of

3 title 5, United States Code, after the

4 end of that period.

5 ‘‘(III) APPLICABILITY.—Sub6 clauses (I) and (II) apply to off-site

7 consequence analysis information sub8 mitted to the Administrator before,

9 on, or after the date of enactment of

10 this subparagraph.

11 ‘‘(iv) AVAILABILITY OF INFORMATION

12 DURING TRANSITION PERIOD.—The Ad13 ministrator shall make off-site consequence

14 analysis information available to covered

15 persons for official use in a manner that

16 meets the requirements of items (cc)

17 through (ee) of clause (ii)(II), and to the

18 public in a form that does not make avail19 able any information concerning the iden20 tity or location of stationary sources, dur21 ing the period—

22 ‘‘(I) beginning on the date of en23 actment of this subparagraph; and

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

25 date of promulgation of the regula-
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1 tions under clause (ii) or the date that

2 is 1 year after the date of enactment

3 of this subparagraph.

4 ‘‘(v) PROHIBITION ON UNAUTHORIZED

5 DISCLOSURE OF INFORMATION BY COV6 ERED PERSONS.—

7 ‘‘(I) IN GENERAL.—Beginning on

8 the date of enactment of this subpara9 graph, a covered person shall not dis10 close to the public off-site consequence

11 analysis information in any form, or

12 any statewide or national ranking of

13 identified stationary sources derived

14 from such information, except as au15 thorized by this subparagraph (includ16 ing the regulations promulgated under

17 clause (ii)). After the end of the 1-

18 year period beginning on the date of

19 enactment of this subparagraph, if

20 regulations have not been promul21 gated under clause (ii), the preceding

22 sentence shall not apply.

23 ‘‘(II) CRIMINAL PENALTIES.—

24 ‘‘(aa) KNOWING VIOLA25 TIONS.—A covered person that
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1 knowingly violates a restriction

2 or prohibition established by this

3 subparagraph (including the reg4 ulations promulgated under

5 clause (ii)) shall be fined not

6 more than $5,000 for each unau7 thorized disclosure of off-site con8 sequence analysis information.

9 The disclosure of off-site con10 sequence analysis information for

11 each specific stationary source

12 shall be considered a separate of13 fense. Section 3571 of title 18,

14 United States Code, shall not

15 apply to an offense under this

16 item. The total of all penalties

17 that may be imposed on a single

18 person or organization under this

19 item shall not exceed $100,000

20 for violations committed during

21 any 1 calendar year.

22 ‘‘(bb) WILLFUL VIOLA23 TIONS.—A covered person that

24 willfully violates a restriction or

25 prohibition established by this
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1 subparagraph (including the reg2 ulations promulgated under

3 clause (ii)) shall be fined under

4 section 3571 of title 18, United

5 States Code, for each unauthor6 ized disclosure of off-site con7 sequence analysis information,

8 but shall not be subject to im9 prisonment. The total of all pen10 alties that may be imposed on a

11 single person or organization

12 under this item shall not exceed

13 $1,000,000 for violations com14 mitted during any 1 calendar

15 year.

16 ‘‘(III) APPLICABILITY.—If the

17 owner or operator of a stationary

18 source makes off-site consequence

19 analysis information relating to that

20 stationary source available to the pub21 lic without restriction—

22 ‘‘(aa) subclauses (I) and (II)

23 shall not apply with respect to

24 the information; and
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1 ‘‘(bb) the owner or operator

2 shall notify the Administrator of

3 the public availability of the in4 formation.

5 ‘‘(IV) LIST.—The Administrator

6 shall maintain and make publicly

7 available a list of all stationary

8 sources that have provided notification

9 under subclause (III)(bb).

10 ‘‘(vi) GUIDANCE.—

11 ‘‘(I) ISSUANCE.—Not later than

12 60 days after the date of enactment of

13 this subparagraph, the Administrator,

14 after consultation with the Attorney

15 General and the States, shall issue

16 guidance that describes official uses of

17 off-site consequence analysis informa18 tion in a manner consistent with the

19 restrictions in items (cc) through (ee)

20 of clause (ii)(II).

21 ‘‘(II) RELATIONSHIP TO REGULA22 TIONS.—The guidance describing offi23 cial uses shall be modified, as appro24 priate, consistent with the regulations

25 promulgated under clause (ii).
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1 ‘‘(III) DISTRIBUTION.—The Ad2 ministrator shall transmit a copy of

3 the guidance describing official uses

4 to—

5 ‘‘(aa) each covered person to

6 which off-site consequence anal7 ysis information is made avail8 able under clause (iv); and

9 ‘‘(bb) each covered person to

10 which off-site consequence anal11 ysis information is made avail12 able for an official use under the

13 regulations promulgated under

14 clause (ii).

15 ‘‘(vii) QUALIFIED RESEARCHERS.—

16 ‘‘(I) IN GENERAL.—Not later

17 than 180 days after the date of enact18 ment of this subparagraph, the Ad19 ministrator, in consultation with the

20 Attorney General, shall develop and

21 implement a system for providing off22 site consequence analysis information,

23 including facility identification, to any

24 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

14 of other appropriate Federal agencies, the

15 Administrator shall establish an informa16 tion technology system that provides for

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

19 a central data base under the control of

20 the Federal Government that contains in21 formation that users may read, but that

22 provides no means by which an electronic

23 or mechanical copy of the information may

24 be made.
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1 ‘‘(ix) VOLUNTARY INDUSTRY ACCI2 DENT PREVENTION STANDARDS.—The En3 vironmental Protection Agency, the De4 partment of Justice, and other appropriate

5 agencies may provide technical assistance

6 to owners and operators of stationary

7 sources and participate in the development

8 of voluntary industry standards that will

9 help achieve the objectives set forth in

10 paragraph (1).

11 ‘‘(x) EFFECT ON STATE OR LOCAL

12 LAW.—

13 ‘‘(I) IN GENERAL.—Subject to

14 subclause (II), this subparagraph (in15 cluding the regulations promulgated

16 under this subparagraph) shall super17 sede any provision of State or local

18 law that is inconsistent with this sub19 paragraph (including the regulations).

20 ‘‘(II) AVAILABILITY OF INFORMA21 TION UNDER STATE LAW.—Nothing in

22 this subparagraph precludes a State

23 from making available data on the off24 site consequences of chemical releases

25 collected in accordance with State law.
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1 ‘‘(xi) REPORT ON ACHIEVEMENT OF

2 OBJECTIVES.—

3 ‘‘(I) IN GENERAL.—Not later

4 than 3 years after the date of enact5 ment of this subparagraph, the Comp6 troller General shall submit to Con7 gress a report that describes the ex8 tent to which the regulations promul9 gated under this paragraph have re10 sulted in actions, including the design

11 and maintenance of safe facilities,

12 that are effective in detecting, pre13 venting, and minimizing the con14 sequences of releases of regulated sub15 stances that may be caused by crimi16 nal activity.

17 ‘‘(II) INTERIM REPORT.—Not

18 later than 270 days after the date of

19 enactment of this subparagraph, the

20 Comptroller General shall submit to

21 Congress an interim report that in22 cludes, at a minimum—

23 ‘‘(aa) the preliminary find24 ings under subclause (I);
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1 ‘‘(bb) the methods used to

2 develop those findings; and

3 ‘‘(cc) an explanation of the

4 activities expected to occur that

5 could cause the findings of the

6 report under subclause (I) to be

7 different from the preliminary

8 findings.

9 ‘‘(xii) SCOPE.—This subparagraph—

10 ‘‘(I) applies only to covered per11 sons; and

12 ‘‘(II) does not restrict the dis13 semination of off-site consequence

14 analysis information by any covered

15 person in any manner or form except

16 in the form of a risk management

17 plan or an electronic data base cre18 ated by the Administrator from off19 site consequence analysis information.

20 ‘‘(xiii) AUTHORIZATION OF APPRO21 PRIATIONS.—There are authorized to be

22 appropriated to the Administrator and the

23 Attorney General such sums as are nec24 essary to carry out this subparagraph (in25 cluding the regulations promulgated under
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1 clause (ii)), to remain available until ex2 pended.’’.

3 (b) REPORTS.—

4 (1) DEFINITION OF ACCIDENTAL RELEASE.—In

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

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

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

8 (2) REPORT ON STATUS OF CERTAIN AMEND9 MENTS.—Not later than 2 years after the date of

10 enactment of this Act, the Comptroller General of

11 the United States shall submit to Congress a report

12 on the status of the development of amendments to

13 the National Fire Protection Association Code for

14 Liquefied Petroleum Gas that will result in the pro15 vision of information to local emergency response

16 personnel concerning the off-site effects of accidental

17 releases of substances exempted from listing under

18 section 112(r)(4)(B) of the Clean Air Act (as added

19 by section 3).

20 (3) REPORT ON COMPLIANCE WITH CERTAIN

21 INFORMATION SUBMISSION REQUIREMENTS.—Not

22 later than 3 years after the date of enactment of

23 this Act, the Comptroller General of the United

24 States shall submit to Congress a report that—
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1 (A) describes the level of compliance with

2 Federal and State requirements relating to the

3 submission to local emergency response per4 sonnel of information intended to help the local

5 emergency response personnel respond to chem6 ical accidents or related environmental or public

7 health threats; and

8 (B) contains an analysis of the adequacy of

9 the information required to be submitted and

10 the efficacy of the methods for delivering the in11 formation to local emergency response per12 sonnel.

13 (c) TERMINATION OF AUTHORITY.—The authority

14 provided by this section and the amendment made by this

15 section terminates 6 years after the date of enactment of

16 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

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