42 u.S'. C. §7'tt·2 Cor) 

Page 6255 TITLE 42-THE PUBLIC HEALTH AND WELFARE §7412 

(4) Funding 

The center sha ll be established and funded 

with both Federal and private source funds. 

(q) Savings provision 

(1) Standards previously promulgated 

Any standard under this section in effect before the date of enactment of the Clean Air 

Act Amendments of 1990 [November 15, 1990] 

shall remain in force and effect after such date 

unless modified as provided in this section before the date of enactmen t of such Amendments or under such Amendments. Except as provided in paragraph (4), any standard under 

this section which bas been promulgated, but 

has not taken effect, before such date shall not 

be affected by such Amendments unless modified as provided in this section before such 

date or under such Amendments. Each such 

standard shall be reviewed and, if appropriate, 

revised, to com ply wi th the requirements of 

subsection (d) of this section within 10 years 

after t he date of enactment of the Clean Air 

Act Amendments of 1990. U a timely petition 

for review of any such standard under section 

7607 of this title is pending on such date of enactment, the standard shall be upheld If it 

complies with t his section as in effect before 

that date. If any such standard is remanded to 

the Administrator, the Administrator may In 

the Administrator's discretion apply either 

the requirements of this section. or those of 

this section as in effect before t he date of en- actment of the Clean Air Act Amendments of 

1990. 

(2) Special rule 

Notwithstanding paragraph (1), no standard 

shall be established under this section, as amended by the Clean Air Act Amendments of 

1990, for radionuclide emissions from (A) ele- mental phosphorous plants. (B) grate calcination elemental phosphorous plants, (C) 

phosphogypsum stacks, or (D) any subcategory 

of the foregoing. This section. as in effect 

prior to the date of enactment of the Clean Air 

Act Amendments of 1990 [November 15, 1990]. 

shall remain in effect for radionuclide emissions from such plants and stacks. 

(3) Other categories 

Notwithstanding paragraph (1), this section, as In effect prior to the date of enactment of 

the Clean· Air Act Amendments of 1990 [November 15, 1990]. shall remain in effect for 

radionuclide emissions from non-Department 

of Energy Federal facilities that are not licensed by the Nuclear Regulatory Commission, coal-fired utility and industrial boilers, 

underground uranium mines, surface uranium 

mines, and disposal of uranium mill tallings 

piles, unless the Administrator, in the AdminIstrator's discretion. applies the requirements 

of this section as modified by the Clean Air 

Act Amendments of 1990 to such sources of 

radionuclides. 

(4) Medical facilities 

Notwithstanding paragraph (1). no standard 

promulgated u nder this section prior to November 15, 1990, with respect to medical re- search or treatment facilities shall take effect 

for two years following November 15, 1990, un- less the Administrator makes a determination 

pursuant to a rulemaking under subsection 

(d)(9) of this section. If the Administrator determines that the regulatory program established by the Nuclear Regulatory Commission 

for such facilities does not provide an ample 

margin of safety to protect public health, the 

requirements of this sect ion shall fully apply 

to such fac!llties. If the Administrator determines that such regulatory program does pro- vide an ample margin of safety to protect the 

public health, the Administrator is not re- quired to promulgate a standard under this 

section for such facilities. as provided in subsection (d)(9) of this section. 

(r) Prevention of accidental releases ~.,.::;,__--

(1) Purpose and general duty 

It shall be the objective of the regulations 

and programs authorized under this subsection 

t o prevent the accidental release and to mini- mize the consequences of any such release of 

any substance listed pursuant to paragraph (3) or any ot.her extremely hazardous substance. 

The owners and operators of stationary sources producing, processing, handling or storing such substances have a general duty In 

t he same manner and to the same exten t as section 654 of title 29 to identify hazards which 

may result from such releases using appro- priate hazard assessment techniques, to design 

and maintain a safe facility taking such steps as are necessary to prevent releases, and to 

minimize the consequences of accidental re- leases which do occur. For purposes of this 

paragraph, the provisions of section 7604 of 

this title shall not be available to any person or otherwise be construed to be applicable to 

this paragraph. Nothing in this section shall 

be interpreted, construed, implied or applied 

to create any liability or basis for suit for 

compensation for bodily injury or a ny other 

injury or property damages to any person 

which may result from accidental releases of 

such substances. 

(2) Deimitions 

(A) The term "accidental release" means an unanticipated emission of a regulated substance or other extremely hazardous substance 

into the ambient air from a stationary source. (B) The term "regulated substance" means a substance listed under paragraph (3). 

(C) The term " stationary source" means any 

buildings. structures, equipment, installations or substance emitting stationary activities (i) 

which belong to the same industrial group, (ii) 

which are located on one or more contiguous 

properties, (111) which are under the con trol of 

the same person (or persons under common control). and (iv) from which an accidental release may occur. (D) The term "retail facllity" means a stat ionary source at which more than one-half of 

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

fuel sold, by volume. is sold through a cylinder exchange program. 

(3) List of substances 

The Administrator shall promulgate not 

later than 24 months after November 15. 1990, 
§7412 TITLE 42-THE PUBLIC HEALTH AND WELFARE Page 6256 

an Initial list of 100 substances which, In the case of an accidental release, are known to cause or may reasonably be ant icipated to cause death, injury, or serious adverse effects 

to human health or the environment. For purposes of promulgating such llst, the Administrator shall use. but Is not limited to, the list 

of extremely h azardous substances published 

under the Emergency Planning and Community Right-to-Know 4 Act of 1986 [42 U.S.C. 

11001 et seq.], with such modifications as the 

Administrator deems appropriate. The initial 

list shall include chlorine, anhydrous ammo- nia, methyl chloride, ethylene oxide, vinyl 

chloride, methyl Isocyanate, hydrogen cyanide, ammonia, hydrogen sulfide. toluene 

d!!socyanate, phosgene, bromine, anhydrous 

hydrogen chloride. hydrogen fluoride, anhydrous sulfur dioxide, and sulfur trioxide. The 

initial list shall include at least 100 substances 

which pose the greatest risk of causing death, 

injury, or serious adverse effects to human 

health or the environment from accidental re- leases. Regulations establishing the list shall 

Include an explanation of the basis for establishing the list. The list may be revised from 

time to time by the Administrator on the Administrator's own motion or by petition and 

shall be reviewed at least every 5 years. No air 

pollutant for which a national primary ambient air quality standard has been established 

shall be included on any such list. No substance, practice, process. or activity regulated 

under subchapter VI of this chapter shall be 

subject to regulations under this subsection. 

The Administrator shall establish procedures 

for the addition and deletion of substances 

from the Jist established under t his paragraph 

consistent wit h those applicable to the list in 

subsection (b) of this section. 

(4) Factors to be considered 

In listing substances under paragraph (3), 

the Administrator-

(A) shall consider- (!) the severity of any acute adverse 

health effects associated with accidental 

releases of the substance; 

(!!) the lik elihood of accidental releases 

of the subst ance; and 

(IIi) the potential magnitude of human 

exposure to accidental releases of the substance; and 

(B) shall not list a flammable substance 

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

at a retail facility under this subsection 

solely because of the explosive or flammable 

properties of the substance, unless a fire or explosion cau sed by the substance will result 

in acute adverse health effects from human 

exposure to the substance, including the un- burned fuel or Its combustion byproducts, 

other than those caused by the heat of the 

fire or impact of the explosion. 

(5) Threshold quantity 

At the time any substance is listed pursuant 

to paragraph (3), the Administrator shall es- tablish by rule, a threshold quantity for the 

• So In original. Probably should be " Right-To-Know" . 

substance, taking into account the toxicity, reactivity, volatility, dispersib!lity, combustibility, or flammability of the substance and 

the amount of the substance which, as a result 

of an a.ccidental release, is known to cause or may reasonably be anticipated to cause death. 

injury or serious adverse effects to human 

health for which the substance was listed. The 

Administrator is authorized to establish a greater threshold quant ity for, or to exempt ent irely , any substance that is a nutrient used 

in agriculture when held by a farmer. 

(6) Chemical Safety Board 

(A) There is hereby established an independent safety board to be known as the Chemical 

Safety and Hazard Investigation Board. 

(B) The Board shall consist of 5 members. in- cluding a Chairperson, who shall be appointed 

by the President, by and with the advice and consent of the Senat e. Members of the Board 

shall be appointed on the basis of technical 

qualification, professional standing, and demonstrated knowledge in the fields of accident 

reconstruction, safety engineering, human factors, toxicology, or air pollution regulation. 

The terms of office of members of the Board 

shall be 5 years. Any member of the Board, in- cluding the Chairperson , may be removed for 

inefficiency, neglect of duty, or malfeasance 

in office. The Chairperson shall be the Chief 

Executive Officer of the Board and shall exer- cise the executive and administrative func- tions of the Boa.rd. 

(C) The Board shall-

(i) investigate (or cause to be inves- tigated), determine and report to the public 

in writing the facts. conditions, and circumstances and the cause or probable cause of any accidental release resulting in a fatal- ity, serious injury or substantial property 

damages; 

(il) Issue periodic reports to the Congress, 

Federal, State and local agencies, Including 

the Environmental Protection Agency and 

the Occupational Safety and Health Administration, concerned with the safety of chemical production , processing, handling and storage, and other interested persons recommending measures to reduce the llke- l!hood or the consequences of accidental re- leases and proposing corrective steps to 

make chemical production, processing, han- dling and storage as safe and free from risk 

of injury as is possible and may include in 

such reports proposed rules or orders which 

should be issued by the Administrator under 

the authority of this section or the Sec- retary of Labor under the Occupat ional 

Safety and Health Act [29 U.S.C. 651 et seq.] 

to prevent or minimize the consequences of 

any release of substances that may cause death, injury or other serious adverse effects on human health or substantial property 

damage as the result of an accidental release; and 

(iii) establlsh by regulation requirements 

binding on persons for reporting accidental r eleases into the ambient air subject to the 

Board's investigatory jurisdiction. Reporting releases to the National Response Cen-
Page 6257 TITLE 42-THE PUBLIC HEALTH AND WELFARE §7412 

ter, in lieu of the Board directly, shall satisfy such regulations. The National Response 

Center shall promptly notify the Boa..rd of 

any releases which are within the Board's jurisdiction. 

(D) The Board may utilize the expertise and 

experience of other agencies. 

(E) The Boa..rd shall coordinate its a..ct!vltles 

with investigations and studies conducted by 

other agencies of the United States having a responsibility to protect public health and 

safety. The Board shall enter into a memorandum of understanding with the National 

Transportation Safety Board to assure coordination of functions a..nd to limit dupl!ca..t!on of 

activities which s.hall designate the National 

Transportation Safety Board as the lead agency for the investigation of releases which a..re transportation related. The Board shall not be au thorlzed to investigate marine oil spills, 

which the National Transportation Safety 

Board is authorized to Investigate. The Board 

shall enter into a memorandum of understanding with the Occupational Safety and Hea..lth 

Administration so as to limit duplication of 

activities. In no event shall the Boa..rd forego an investigation where an accidental release causes a fatality or serious injury among the 

general public, or had the potential to cause substantial property damage or a number of 

deaths or injuries among the general public. 

(F) The Board is authorized to conduct re- search and studies with respect to the potential for accidental releases, whether or not an accidental release has occurred, where there is 

evidence which Indicates the presence of a potential haza..rd or hazards. To the extent practicable, the Board shall conduct such studies 

in cooperation with other Federal agencies 

having emergency response authorities, State 

and local governmental agencies and associations and organizations from the Industrial, 

commercial, and nonprofit sectors. 

(G) No pa..rt of the conclusions, findings, or 

recommendations of the Board relating to any 

accidental release or the investigation thereof 

shall be admitted as evidence or used in any 

action or suit for damages arising out of any 

matter mentioned in such report. 

(H) Not later than 18 months after November 

15, 1990, the Boa..rd shall publish a report ac- companied by recommendations to the Administrator on the use of hazard assessments In 

preventing the occurrence and minimizing the 

consequences of accidental releases of ex- tremely hazardous substances. The recom- mendations shall include a list of extremely 

hazardous substances which are not regulated 

substances (including threshold quantities for 

such substances) and categories of stationary sources for which hazard assessments would be an appropriate measure to aid in the prevention of accidental releases and to minimize the 

consequences of those releases that do occur. The recommendations shall also include a description of the information and analysis 

which would be appropriate to include in any 

hazard assessment. The Board shall also make 

recommendations with respect to the role of 

risk management plans as required by paragraph (8)(B)5 ln preventing accidental releases. 

The Board may from time to time review and 

revise its recommendations under this subparagraph. 

(I) Whenever the Board submits a recom- mendation with respect to accidental releases 

to the Administrator, the Administrator shall 

respond to such recommendation formally and 

in writing not later than 180 days after receipt 

thereof. The response to the Board's recom- mendation by the Administrator shall indicate 

whether the Administrator will- (!) initiate a rulemaking or issue such or- ders as are necessary to implement the rec- ommendation in full or in part, pursuant to 

any timetable contained in the recommendation; s (ii) decline to initiate a rulemaking or 

issue orders as recommended. 

Any determination by the Administrator not 

to implement a recommendation of the Board or to implement a recommendation only in 

part, including any variation from the sched- ule contained in the recommendation, shall be 

accompanied by a statement from the Administrator setting forth the reasons for such determination. 

(J) The Board may make recommendations 

with respect to accidental releases to the Secretary of Labor. Whenever the Board submits 

such recommendation, the Secretary shall re- spond to such recommendation formally and 

in writing not later than 180 days after receipt 

thereof. The response to the Board's recom- mendation by the Admin!strator7 shall indicate whether the Secretary wlll- (i) initiate a rulemaking or Issue such or- ders as are necessary to implement the rec- ommendation in full or in part, pursuant to 

any timetable contained in the recommendation;6 

(ii) decline to initiate a rulemaking or issue orders as recommended. 

Any determination by the Secretary not to 

implement a recommendation or to implement a recommendation only in part, Including any 

variation from the schedule contained in the 

recommendation, shall be accompanied by a statement from the Secretary setting forth 

the reasons for such determination. 

(K) Within 2 years after November 15, 1990, the Board shall issue a report t o the Administrator of the Environmental Protection Agency and to the Administrator of the Occupational Safety and Health Administration rec- ommending the adoption of regulations for the 

preparation of risk management plans and 

general requirements for the prevention of ac- cidental releases of regulated substances into 

the ambient air (including recommendations 

for listing substances under paragraph (3)) and 

for the mitigation of the potential adverse effect on human health or the environment as a result of accidental releases which should be 

applicable to any stationary source handling 

• so in original. Probably should be paragraph "(7)(8)". 

•so in original. The word "or" probably should appear. 

'So In original. The word "Administrator" probably should be 

"Secretary". 
§7412 TITLE 42-THE PUBLIC HEALTH AND WELFARE Page 6258 

any regulated substance In more than threshold amounts. The Board may include proposed 

rules or orders which should be Issued by the 

Administrator under authority of this sub- section or by the Secretary of Labor under the 

Occupational Safety and Health Act [29 u.s.a. 

651 et seq.). Any such recommendations shall 

be specific and shall identify the regulated 

substance or class of regulated substances (or 

other substances) to which the recommendations apply. The Administrator shall consider such recommendations before promulgating 

regulations required by paragraph (7)(B). 

(L) The Board, or upon authority of the 

Board, any member thereof, any administrative law judge employed by or assigned to the 

Board, or any officer or employee duly desIgnated by the Board, may for the purpose of 

carrying out duties authorized by subpara- graph (C}-

{1) bold such hearings, sit and act at such 

times and places, administer such oaths, and 

require by subpoena or otherwise attendance 

and testimony of such witnesses and the production of evidence and may require by 

order that any person engaged in the production, processing, handling, or storage of ex- tremely hazardous substances submit written reports and responses to requests and 

questions within such time and in such form as the Board may require; and 

(11) upon presenting appropriate creden- tials and a written notice of inspection au- thority, enter any property where an accidental release causing a fatality, serious injury or substantial property damage has oc- curred and do all things therein necessary 

for a proper Investigation pursuant to subparagraph {0) and inspect at reasonable 

times records, files, papers. processes, con- trols, and fac1l!ties and take such samples as are relevant to such investigation. 

Whenever the Administrator or the Board con- ducts an inspection of a facility pursuant to 

this subsection, employees and their representatives shall have the same rights to participate in such Inspections as provided In the 

Occupational Safety and Health Act [29 u.s.a. 

651 et seq.]. 

(M) In addition to that described In subpara- graph (L), the Board may use any information 

gathering authority of the Administrator 

under this chapter, including the subpoena 

power provided in section 7607(a)(l) of this 

title. 

(N) The Board is authorized to establish such 

procedural and administrative rules as are necessary to the exercise of Its functions and 

duties. The Board is authorized without regard 

to section 6101 of title 41 to enter Into con- tracts, leases, cooperative agreements or other 

transactions as may be necessary in the con- duct of the duties and functions of the Board 

wi th any other agency, institution, or person. 

(0) After the effective date of any reporting 

requirement promulgated pursuant to subparagraph (0)(111) it shall be unlawful for any 

person to fail to report any release of any ex- tremely hazardous substance as required by 

such subparagraph. The Administrator Is au- thorized to enforce any regulation or requirements established by the Board pursuant to 

subparagraph (C)(iii) using the authorities of sections 7413 and 7414 of this title. Any request 

for information from the owner or operator of a stationary source made by the Board or by 

the Administrator under this section shall be 

treated, for purposes of sections 7413, 7414, 

7416, 7420, 7603, 7604 and 7607 of this title and 

any other enforcement provisions of this chapter. as a request made by the Administrator 

under section 7414 of this title and may be en- forced by the Chairperson of the Board or by 

the Administrator as provided in such section. 

(P) The Administrator shall provide to the 

Board such support and facilities as may be 

necessary for operation of the Board. (Q) Consistent with subsection a (G) and sec- tion 7414(c) of this title any records, reports or information obtained by the Board shall be 

available to the Administrator, the Secretary 

of Labor, the Congress and the public, except 

that upon a showing satisfactory to the Board 

by any person that records, reports. or information, or particula,r part thereof (other than 

release or emissions data) to which the Board 

has access, If made publ!c, is likely to cause substantial harm to the person's competitive 

position, the Board shall consider such record, 

report, or Information or particular portion 

thereof confidential In accordance with sec- tion 1905 of title 18, except that such record, 

report, or information may be disclosed to 

other officers, employees, and authorized representatives of the United States concerned 

with carrying out this chapter or when relevant under any proceeding under this chapter. This subparagraph does not constitute au- thority to withhold records, reports, or information from the Congress. (R) Whenever the Board submits or transmits any budget estimate, budget request, 

supplemental budget request, or other budget 

Information, legislative recommendation, prepared testimony for congressional hearings, 

recommendation or study to the President, 

the Secretary of Labor, the Administrator, or the Director of the Office of Management and 

Budget, it shall concurrently transmit a copy 

thereof to the Congress. No report of the 

Board shall be subject to review by the AdminIstrator or any Federal agency or to judicial 

review in any court. No officer or agency of 

the United States shall have authority to re- quire the Board to submit its budget requests or estimates, legislatl ve recommendations, 

prepared testimony, commen ts, recommendations or reports to any officer or agency of the 

United States for approval or review prior to 

the submission of such recommendations, testimony, comments or reports to the Congress. 

In t he performance of their functions as established by this chapter, the members. officers and employees of the Board shall not be re- sponsible to or subject to supervision or direction, in carrying out any duties under this 

subsection. of any officer or employee or agent 

of the Environmen tal Protection Agency, the 

Department of Labor or any other agency of 

the United States except that t he President 

•so ln original. Probably should be "subparagra ph". 
Page 6259 TITLE 42- THE PUBLIC HEALTH AND WELFARE § 7412 

may remove any member, officer or employee 

of the Board for Inefficiency. neglect of duty or malfeasance in office. Nothing in this section shall affect the application of title 5 to officers or employees of the Board. 

(S) The Board shall submit an annual report 

to the President and to the Congress which 

shall Include, but not be limited to. information on accidental releases which have been 

investigated by or reported to the Board during the previous year, recommendations for 

legislative or administrative action which the 

Board has made, the actions which have been 

taken by the Administrator or the Secretary 

of Labor or the. heads of other agencies to Implement such recommendations, an identification of pr!orltles for study and investigation 

in the succeeding year, progress in the development of risk-reduction technologies and the 

response to and implementation of significant 

research findings on chemical safety In the 

public and private sector. 

(7) Accident prevention 

(A) In order to prevent accidental releases of 

regulated substances, the Administrator is au- thorized to promulgate release prevention. detection, and correction requirements which 

may include monitoring, record-keeping, re- porting, training, vapor recovery, secondary 

containment. and other design, equipment, 

work practice, and operational requirements. 

Regulations promulgated under this paragraph 

may make distinctions between various types, 

classes, and kinds of facilit ies, devices and 

systems taking into consideration factors including, but not limited to, the size, location, 

process, process controls, quantity of sub- . stances handled, potency of substances, and 

response capabilities present at any station- ary source. Regulations promulgated pursuant 

to this subparagraph shall have an effective 

date, as determined by the Administrator, as- suring compliance as expeditiously as practicable. 

(B)(!) Within 3 years after November 15, 1990, 

the Administrator shall promulgate reason- able regulations and appropriate guidance to 

provide, to the greatest extent practicable, for 

the prevention and detection of accidental re- leases of regulated substances and for response 

to such releacSes by the owners or operators of 

the sources of such releases. The Admlrus- trator shall utilize the expertise of the Sec- retaries of Transportation and Labor in promulgating such regulations. As appropriate, 

such regulations shall cover the use, operation, repair, replacement, and maintenance 

of equipment to monitor, detect, inspect, and 

control such releases, including training of 

persons in the use and maintenance of such 

equipment and In the conduct of periodic inspections. The regulations shall include procedures and measures for emergency response 

after an accidental release of a regulated sub- stance In order to protect human health and 

the environment. The regulations shall cover storage, as well as operations. The regulations 

shall, as appropriate, recognize differences in 

size, operations, processes, class and categories of sources and the voluntary actions of 

such sources to prevent such releases and re- spond to such releases. The regulations shall 

be appllcable to a stationary source 3 years 

after the date of promulgation. or 3 years after 

the date on which a regulated substance present at the source In more than threshold 

amounts Is first listed under paragraph (3), 

whichever is later. 

(ii) The regulations under this subparagraph 

shall require the owner or operator of stationary sources at which a regulated substance is 

present in more than a threshold quantity to 

prepare and Implement a risk management 

plan to detect and prevent or minimize accidental releases of such substances from the 

stationary source, and to provide a prompt 

emergency response to any such releases In 

order to protect human health and the environment. Such plan shall provide for compli- ance with the requirements of this subsection 

and shall also include each of the following: 

(I) a hazard assessment to assess the potential effects of an accidental release of any 

regulated substance. This assessment shall 

Include an estimate of potential release 

quantities and a determination of downwind 

effects, including potential exposures to affected populations. Such assessment shall 

Include a previous release history of t he past 

5 years, including the size, concentration, 

and duration of releases, and shall include an evaluation of worst case accidental re- leases; 

(II) a program for preventing accidental 

releases of regulated substances, including 

safety precautions and maintenance, mon- i torlng and employee training measures to 

be used at the source; and 

(III) a response program providing for specific actions to be taken in response to an accidental release of a regulated substance so as to protect human health and the environment, Including procedures for informing 

the public and local agencies responsible for 

responding to accidental releases, emer- gency health care, and employee training 

measures. 

At the time regulations are promulgated 

under this subparagraph, the Administrator 

shall promulgate guidelines to assist stationary sources in the preparation of risk manage- ment plans. The guidelines shall, to the extent 

practicable, include model risk management 

plans. 

(iii) The owner or operator of each stationary source covered by clause (1!) shall register a risk management plan prepared under this 

subparagraph with the Adminjstrator before 

t he effective date of regulations under clause 

(!) in such form and manner as the Administrator shall, by rule, require. Plans prepared 

pursuant to this subparagraph shall also be 

submitted to the Chemical Safety and Hazard 

Investigation Board, to the State in which the 

stationary source is located, and to any local 

agency or entity having responsib!l!ty for 

planning for or responding to accidental re- leases which may occur at such source, and 

shall be available to the public under section 

7414(c) of this title. The Administrator shall 

establish, by rule, an auditing system to regu-
§7412 TITLE 42-THE PUBLIC HEALTH AND WELFARE Page 6260 

larly review and, if necessary, require revision 

in risk management plans to assure that the 

plans comply with this subparagraph. Each 

such plan shall be updated periodically as re- quired by the Administrator, by rule. 

(C) Any regulations promulgated pursuant 

to this subsection shall to the maximum ex- tent practicable, consistent with this subsection, be consistent with the recommendations and standards established by the American Society of Mechanical Engineers (ASME), 

the American National Standards Institute 

(ANSI) or the American Society of Testing 

Materials (ASTM). The Administrator shall 

take into consideration the concerns of small 

business in promulgating regulations under 

this subsection. 

(D) In carrying out the authority of this 

paragraph, the Administrator shall consult 

with the Secretary of Labor and the Secretary 

of Transportation and shall coordinate any re- quirements und!er this paragraph with any re- quirements established for comparable purposes by the Occupational Safety and Health 

Administration or the Department of Transportation. Nothing In this subsection shall be 

interpreted, construed or applied to impose re- quirements affecting, or to grant the Administrator, the Chemical Safety and Hazard Investigation Board, or any other agency any au- thority to regulate (Including requirements 

for hazard assessment), the accidental release 

of radionuclides arising from the construction 

and operation of facilities licensed by the Nuclear Regulatory Commission. 

(E) After the effective date of any regulation or requirement imposed under t his subsection, 

it shall be unlawful for any person to operate 

any stationary source subject to such regulation or requirement. In violation of such regulation or requir ement. Each regulation or re- quirement under this subsection shall for purposes of sections 7413, 7414, 7416, 7420, 7604, and 

7607 of this title and other enforcement provisions of this chapter, be treated as a standard 

in effect under subsection (d) of this section. 

(F) Notwithstanding the provisions of subchapter V of this chapter or this section, no stationary sour ce shall be required to apply 

for, or operate pursuant to, a permit issued 

under such subchapter solely because such source is subject to regulations or requirements under this subsection. 

(G) In exercising any authority under this 

subsection, the Administrator shall not, for 

purposes of section 65S(b)(1) of title 29, be 

deemed to be exercising statutory authority 

to prescribe or enforce standards or regulations affecting occupational safety and health. (H) PUBLIC ACCESS TO OFF-SITE CONSEQUENCE 

ANALYSIS INFORMATION.- (i) DEFINITTONS.-In this subparagraph: 

(I) COVER!ED 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 en- tity that has been given, by a State or local government, respons1b1llty for preventing, planning for, or responding to 

accidental releases; 

(ff) an officer or employee or an agent or contractor of an ent.!ty described in 

item (ee); and 

(gg) a qualified researcher under clause 

(vii). 

(II) 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. 

(III) OFF-SITE CONSEQUENCE ANALYSIS INFORMATION.-The term "off-site con- sequence 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 release scenarios or altarnative release scenarios, and any electronic data base created by the Adminis- trator from those portions. (IV) 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)(iii). 

(ii) REOULATIONS.- Not later than 1 year 

after August 5, 1999, the President shall-

(!) 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 

(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 

the risk described in subclause (l)(aa) 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 con- sequence analysis Information for a limited number of stationary sources located anywhere In the United States, 

without any geographical restriction ; 

(bb) allows other public access to offsite 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 (1)(1) (referred 

to in this subclause as a "State or local 
Page 6261 TITLE 42-THE PUBLIC HEALTH AND WELFARE §7412 

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, offsite 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 re- quest to the Administrator, off-site con- sequence analysis Information that Is 

not available to the person under Item 

(CC). 

(iii) AVAILABILITY UNDER FREEDOM OF INFORMATION ACT.-

(1) 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 during the 1-year period beginning on August 5, 1999. 

(II) AFTER FIRST YEAR.- lf the regulations under clause (11) are promulgated on or before the end of the period described In 

subclause (1). off-site consequence analysis 

Information covered by tbe regulations, 

and any ranking of stationary sources derived from the Information, shall not be 

made available under section 552 of t itle 5 

after the end of that period. 

(III) APPLICABILITY .-Subclauses (I) and 

(II) a pply to off-site consequence analysis 

information submitted to the Administrator before, on, or after August 5, 1999. 

(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 re- quirements of Items (cc) through (ee) of 

clause (ii)(II), and to t he public In a form 

that does not make available any Information concerning the Identity or location of 

stationary sources, during the period-

(!) beginning on August 5, 1999; and 

(II) ending on the earlier of the date of 

promulgation of the regulations under 

clause (!!) or the date that is 1 year after 

August 5, 1999. 

(v) PROHIBITION ON UNAUTHORIZED DISCLOSURE OF INFORMATION BY COVERED PERSONS.-

(!) IN OENERAL.- Beginning on August 5, 

1999, 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, ex- cept as authorized by this subparagraph 

(including the regulations promulgated 

under clause (11)). After the end of the 1-

year period beginning on August 5, 1999. If 

regulations have not been promulgated 

under clause (1!), the preceding sentence shall not apply. 

(II) CRIMINAL PENALTIES.-Notwithstanding section 7413 of this title, a covered per- son that willfully violates a restriction or 

prohibition established by this subparagraph (including the regulations promulgated under clause (11)) shall, upon conviction. be fined for an Infraction under sec- tion 3571 of title 18 (but shall not be subject to imprisonment) for each unauthorIzed disclosure of off-site consequence 

analysis information, except that subsection (d) of such section 3571 shall not 

apply to a case in which t he offense results 

In pecuniary loss unless the defendant 

knew that such loss would occur. The disclosure of off-site consequence analysis Information for each specific stationary source shall be considered a separate offense. 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. 

(ill) APPLICABILITY.-If the owner or operator of a stationary source makes off- site consequence analysis information re- lat ing to that stationary source available 

to the public without restrlction- (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 pro- vided notification under subclause 

(lil)(bb). 

(vi) NOTICE.-The Administrator shall provide not ice of the definition of official use as provided in clause (1)(111)9 and examples of 

actions that would and would not meet that 

definition, and notice of the restrictions on further dissemination and the penalties es- tablished by this chapter to each covered 

person who receives off-site consequence 

analysis information under clause (iv) and each covered person who receives off-site 

consequence analysis Information for an official use under the regulations promulgated 

under clause (ii). 

(Vii) QUALIFIED RESEAROHERS.-

(1) IN OENERAL.-Not later than 180 days after August 5, 1999, the Administrator. in consultation with the Attorney General, 

shall develop and Implement a system for 

providing off-site consequence analysis information, including facility identifica- tion, to any qualified researcher, including a. qualified researcher from industry or any public interest group. 

(II) LIMITATION ON DISSEMlNATION.-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, re- ceived under this clause. 

(viii) READ-ONLY INFORMATION TECHNOLOGY 

SYSTEM.-ln consultation with the Attorney 

• so In original. Probably should be "(tXm ". 
§7412 TITLE 42-THE PUBLIC HEALTH AND WELFARE Page 6262 

General and the heads of other appropriate 

Federal agencies, the Administrator shall 

establish an information technology system 

that provides for the availability to the pub· lie of off-site consequence analysis Information by means of a central data base under 

the control or the F ederal 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 PRE· 

VENTION 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 partici- pate in th e development of voluntary industry standards that will help achieve the objectives set forth in paragraph (1). 

(X) EFFECT ON STATE OR LOCAL LAW.- (1) IN GENERAL.- Subject to subclause 

(II), this subparagraph (Including the regulations promulgated under this subpara- graph) shall supersede any provision of 

State or local law that Is Inconsistent with 

this subparagraph (Including the regulations). (II) AVAILABfLITY OF INFORMATION UNDER 

STATE LAW.-Nothing in this subparagraph 

precludes a State from making available 

data on the off-site consequences of chemi- cal releases collected In accordance with 

State law. 

(xi) REPORT.-

(1) IN GENERAL.- Not later than 3 years 

after August 5, 1999, the Attorney General, 

In consultation with appropriate State, 

local, and Federal Government agencies, 

affected Industry, and the public, shall 

submit to Congress a report that describes 

the extent to which regulations promul· gated under this paragraph have resulted 

in actions. Including the design and maintenance of safe ·fac!lities, that are effective 

In detecting, preventing, and minimizing 

the consequences of releases of regulated 

substances that may be caused by criminal 

activity. As part of this report, the Attor- ney General, using available data to the extent possible, and a sampling of covered 

stationary sources selected at the discretion of the Attorney General, and in con- sultation with appropriate State, local, and Federa l governmental agencies, affected industry, and the public, shall re- view the vulnerability of covered station- ary sources to criminal and terrorist ac- tivity, current industry practices regard- Ing site security, and security of transpor- tation of regulated substances. The Attorney General shall submit this report, con- taining the results of the review, together with recommendations, if any, for reducing vulnerability of covered stationary sources to c riminal and terrorist activity, 

to the Committee on Commerce of the 

United States House of Representatives and the Committee on Environment and 

Public Works of the United States Senate 

and other relevant committees of Congress. 

(II) INTERIM REPORT.-Not later than 12 

months after August 5, 1999. the Attorney 

General shall submit to the Committee on Commerce of the United States House of 

Representatives and the Commi ttee on En- vironment and Public Works of the United 

States Senate, and other relevant committees of Congress, an interim report that in- cludes. at a minimum- (aa) the preliminary findings under 

subclause (I); 

(bb) the methods used to develop the 

findings; and 

(cc) an explanation of the activities ex- pected to occur· that could cause the 

findings of the report under subclause (I) 

to be different than the preliminary find- ings. 

(III) AVAfLABILITY OF INFORMATION.- lnformatlon that is developed by the Attorney General or requested by the Attorney 

General and received from a covered stationary source for the purpose of conducting the review under subclauses (I) and (II) 

shall be exempt from disclosure under section 552 of title 5 if such information would 

pose a threat to national security. 

(xi!) SCOPE.-Thls subparagraph- (! ) applies only to covered persons; and 

(II) does not restrict the dissemination 

of off-site consequence analysis Information by any covered person in a ny manner 

or form except in the form of a risk man- agement 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 (incl udlng the regulations pro- mulgated under clause (11)), to remain avail- able until expended. 

(8) Research on hazard assessments 

The Administrator may collect and publish 

Information on accident scenarios and conse- quences covering a range of possible events for substances listed under paragraph (3). The Ad- ministrator shall establish a program of longterm research to develop and disseminate Information on methods and techniques for hazard assessment which may be useful in improving and validating the procedures em- ployed in the preparation of hazard assess- ments under this subsection . . 

(9) Order a u thority 

(A) In addition to any other action taken. 

when the Administrator determines that there may be an Imminent and substantial endangerment to the human health or welfare or the 

environment because of an actual or threat- ened accidental release of a regulated substance, the Administrator may secure such re- lief as may be necessary to abate such danger or threat , and the district court of the United 

States in the district In which t he threat oc- curs shall have jurisdiction to grant such re- lief as the public interest and the equities of 
Page 6263 TITLE 42-THE PUBLIC HEALTH AND WELFARE §7412 

the case may require. The Administrator may 

also, after notice to the State in which the 

stationary source is located, take other action 

under this paragraph including, but not limited to, issuing such orders as may be nec- essary to protect human health. The Administrator shall take action under section 7603 of 

this title rather than this paragraph whenever 

the authority of such section is adequate to 

protect human health and the environment. 

(B) Orders issued pursuant to this paragraph 

may be enforced in an action brought in the 

appropriate United States district court as if 

the order were issued under section 7603 of this 

tit le. 

(C) Within 180 days after November 15, 1990, 

the Administrator shall publish guidance for 

using the order authorities established by this 

paragraph. Such guidance shall provide for the 

coordinated uEe of the authorities of this paragraph with other emergency powers authorized 

by section 9606 of this title, sections 311(c), 308, 

309 and 504(a) of the Federal Water Pollution 

Control Act [33 U .S.C. 1321(c), 1318, 1319, 

1364(a)], sections 3007, 3008, 3013, and 7003 of the 

Solid Waste Disposal Act [42 U.S.C. 6927, 6928, 

6934, 6973], sections 1445 and 1431 of the Safe 

Drinking Water Act [42 U.S.C. 300j-4, 3001], sec- tions 5 and 7 of the Toxic Substances Control 

Act [15 U.S.C. 2604, 2606], and sections 7413, 

7414, and 7603 of this title. 

(10) Presidential review 

The President shall conduct a review of re- lease prevention, mitigation and response au- thorities of the various Federal agencies and 

shall clarify and coordinate agency responsibilities to assure the most effective and efficient implementation of such authorities and 

to identify any deficiencies in authority or re- sources which may exist. The President may 

utilize the resources and solicit the recom- mendations of the Chemical Safety and Hazard 

Investigation Board in conducting such re- view. At the conclusion of such review, but not 

later than 24 months after November 15, 1990, 

the President shall transmit a message to the 

Congress on the release prevention, mitigation 

and response activities of the Federal Government making such recommendations for 

change in law as the President may deem appropriate. Nothing in this paragraph shall be 

interpreted, construed or applied to authorize 

the President to modify or reassign release 

prevention, mitigation or response authorities 

otherwise established by law. 

(I 1) State authority 

Nothing in this subsection shall preclude, 

deny or limit any right of a State or political 

subdivision thereof to adopt or enforce any 

regulation, requirement, limitation or standard (including any procedural requirement) 

that is more stringent than a regulation, re- quirement. limitation or standard in effect 

under this subsection or that applies to a substance not subject to this subsection. 

(s) Periodic report 

Not later than January 15, 1993 and every 3 

years thereafter, the Administrator shall prepare and transmit to the Congress a comprehensive report on the measures taken by the Agen- cy and by the States to implement the provisions of this section. The Administrator shall 

maintain a database on pollutants and sources subject to the provisions of this section and 

shall include aggregate Information from the 

database in each annual report. The report shall 

include, but not be limited to-

(1) a status report on standard-setting under 

subsections (d) and (f) of this section; 

(2) information with respect to compliance 

with such standards including the costs of 

compliance experienced by sources in various 

categories and subcategories; 

(3) development and implementation of the 

national urban air toxics program; and 

(4) recommendations of the Chemical Safety 

and Hazard Investigation Board with respect 

to the prevention and mitigation of accidental 

releases. 

(July 14, 1955, ch. 360, title I, § 112, as added Pub. L. 91-604, §4(a), Dec. 31, 1970, 84 Stat. 1685; 

amended Pub. L. 95-95, title I, §§109(d)(2), 110, 

title IV, §401(c), Aug. 7, 1977, 91 Stat. 701, 703, 791; 

Pub. L. 95-623, §13(b), Nov. 9, 1978, 92 Stat. 3458; 

Pub. L. 101-549, title III, §301, Nov. 15, 1990, 104 

Stat. 2531; Pub. L. 102-187, Dec. 4, 1991, 105 Stat. 

1285; Pub. L. 105-362, title IV, §402(b), Nov. 10, 

1998, 112 Stat. 3283; Pub. L. 106-40, §§2, 3(a), Aug. 5, 1999, 113 Stat. 207. 208.) 

REFERENCES W TEXT 

The date of enactment, referred to in subsec. (a)(ll), 

probably means the date of enactment of Pub. L. 

101-549, which amended this section generally and was approved Nov. 15, 1990. 

The Atomic Energy Act, referred to in subsec. (d)(9), 

probably means the Atomic Energy Act of 1954. act 

Aug. 1. 1946, ch. 724, as added by act Aug. 30, 1954. ch. 1073. §1, 68 Stat. 921. and amended, which is classified 

generally to chapter 23 (§2011 et seq.) of this title. For 

complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title 

and Tables. 

The Federal Water Pollution Control Act. referred to 

in subsecs. (e)(5) and (m)(1)(0), (5)(0), is act June 30, 

1948, ch. 758, as amended generally by Pub. L. 92-500. §2, 

Oct. 18, 1972, 86 Stat. 816, which Is classified generally 

to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and 

Navigable Waters. Title II of the Act is classified gener- ally to subchapter II (§ 1281 et seq.) of chapter 26 of 

Title 33. For complete classification of this Act to the 

Code, see Short Title note set out under section 1251 of 

Title 33 and Tables. 

The Toxic Substances Control Act. refe.rred to in sub- sec. (k)(3)(C), is Pub. L. 94-469. Oct. 11, 1976, 90 Stat. 2003, as amended, which Is classified generally to chapter 53 (§2601 et seq.) of Title 15, Commerce and Trade. 

For complete classification of this Act to the Code. see Short Title note set out under section 2601 of Title 15 

and Tables. 

The Federal Insecticide, Fungicide and Rodenticide 

Act, referred to in subsec. (k)(3)(C), probably means the 

Federal Insecticide, Fungicide, and Rodenticide Act, 

act June 25, 1947. ch. 125, as amended generally by Pub. 

L. 92-516, Oct. 21. 1972, 86 Stat. 973, which is classified 

generally to subchapter II <§ 136 et seq.) of chapter 6 of 

Title 7, Agriculture. For complete classification of this 

Act to the Code, see Short Title note set out under sec- tion 136 of Title 7 and Tables. 

The Resource Conservation and Recovery Act, re- ferred to in subsec. (k)(3)(C), probably means the Re- source Conservation and Recovery Act of 1976 . Pub. L. 

94-580, Oct. 21. 1976. 90 Stat. 2796, as amended, which is 

classified generally to chapter 82 (§6901 et seq.) of this 
§7412 TITLE 42-THE PUBLIC HEALTH AND WELFARE Page 6264 

title. For complete classification of this Act to the 

Code, see Short Title of 1976 Amendment note set out 

under section 6901 ot this title and Tables. 

The Safe Dr·inking Water Act, referred to in subsec. 

(m)(1)(D). (5)(D). is title XIV or act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93-523, §2(a), 88 Stat. 1660, as amended, which is classified generally to subchapter 

XII (§300f et seq.) of chapter 6A of this title. For com- plete classification or this Act to the Code, see Short 

Title note set out under section 201 of this title and 

Tables. 

The Solid Waste Disposal Act, referred to In subsec. 

(n)(7), Is title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 

997, as amended generally by Pub. L. 94-580, §2, Oct. 21, 

1976. 90 Stat. 2795. Subtl tie C or the Act is classlfied 

generally to subchapter m (§6921 et seq.) of chapter 82 

of this title. For complete classification of this Act to 

the Code. see Short Title note set out under section 

6901 of this title and Tables. Section 303 of the Clean Air Act Amendments of 1990, 

referred to In subsec. (o)(4), probably means section 303 

of Pub. L. 101-519, wbich Is set out below. 

The Clean Air Act Amendments of 1990. referred to In 

subsec. (q)(1)-(3). pr obably means Pub. L. 101-549. Nov. 

15, 1990, 104 Stat. 2399. For complete classification of 

this Act to the Code. see Short Title note set out under 

section 7401 of this title and Tables. 

The Emergency Planning and Community Right--ToKnow Act of 1986, referred to In subsec. (r)(3), is title m 

of Pub. L. 99-499. Oct. 17. 1986, 100 Stat. 1728, which Is 

classified generally to chapter 116 (§ 11001 et seq.) of this 

title. For complete classification of this Act to the Code, see Short Title note set o ut under section 11001 

of this title and Tables. 

The Occupational Safety and Health Act, referred to 

In subsec. (r)(6)(C)(U), (K), (L), pr·obably means the Occupational Safety and Health Act of 1970. Pub. L. 

91-596. Dec. 29, 1970. 84 Stat. 1590, as amended. which Is 

classified principally to chapter 15 (§651 et seq.) or Title 

29, Labor. For complete classification of this Act to the 

Code, see Short Title note set out under section 651 of 

Title 29 and Tables. 

CODIFICATION 

In subsec. (r)(6)(N), "section 6101 of title 41" substituted for ·•section 5 of title 41 of the United States 

Code" on authority of Pub. L. 111-350. §6(c), J an. 4, 2011, 

124 Stat. 3854, whicb Act enacted Title 41, Public Contracts. 

Section was formerly classified to section 1857c-7 of 

this title. 

AMENDMENTS 

1999- Subsec. (r)(2)(D). Pub. L. 106-40, §2(5). added 

subpar. (D). 

Subsec. (r)(4). Pub. L. 106-40, §2, substituted "Administrator-

"(A) shall consider-" 

for " Administrator shall consider each of the following 

criteria- " In introductory provisions, redesignated 

subpars. (A) to (C} as cis. (I) to (Iii), respectively, of 

subpar. (A) and added subpar. (B). 

Subsec. (r)(7)(H). Pub. L. 106-40, §3(a), added subpar. 

(H ). 

1998-Subsec. (n)(2)(C). Pub. L. 105-362 substituted 

"On completion of the study, the Secretary shall sub- mit to Congress a report on the results or the study 

and" for " The Secretary shall prepare annual reports 

to Congress on the status of the research program and 

at the completion of the study". 

1991- Subsec. (b)(1). Pub. L. 102-187 struck out 

"7783064 Hydrogen sulfide" !'rom list of pollutants. 1990-Pub. L. 101- 549 amended section generally, substituting present pr ovisions for provisions which related to: In subsec. (a ), definitions; In subsec. (b), list of 

hazardous air poll11tants, emission standards, and pollution control techniques; In subsec. <c>. prohibited acts 

and exemption; in subsec. (d), State implementation 

and enforcement: and In subsec. (e), design , equipment, 

work practice. and operational standards. 

1978-Subsec. (e)(5). Pub. L. 95-623 added par. (5). 

1977- Subsec. (a)(1). Pub. L. 95-95, §401(0), substituted 

"causes, or contributes to, air pollution which may rea- sonably be anticipated to result In an Increase in mortality or an lncr·ease in serious irreversible, or incapacitating reversible, Illness" for " may cause, or con- tribute to, an increase In mortality or an Increase In 

serious irreversible, or Incapacitating reversible, illness". 

Subsec. (d)(1). Pub. L. 95-95, § 109{d)(2), struck out 

"(except with respect to stationary sources owned or operated by the United States)" after "Implement and 

enforce such standards''. 

Subsec. (e). Pub. L. 95-95. §110. added subsec. (e). 

CHANGE OF NAME 

Committee on Energy and Commerce of House of 

Representatives treated as referring to Committee on Commerce of House or Representatives by section 1(a) 

of Pub. L. 104-14, set out as a note preceding section 21 

of Title 2. The Congress. Committee on Commerce of 

House of Representatives changed to Committee on Energy and Commerce of House of Representatives, and 

jurisdiction over matters relating to securities and ex- changes and Insurance generally transfened to Committee on Financial Services of House of Representatives by House Resolution No. 5, One Hundred Seventh 

Congress. Jan. 3. 2001. 

EFFECTIVE DATE OF 1977 AMENDMENT 

Amendment by Pub. L. 95-95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) 

of Pub. L. 95-95. set out as a note under section 7401 of 

this title. 

T ERMINATION OF REPORTING REQUIREMENTS 

For termination. effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, 

semiannual. or other regular periodic report listed In 

House Document No. 103-7 (in which reports required 

under subsecs. (m)(5), (r)(6)(C)(ii), and (8) of this section are listed, respectively, as the 8th Item on page 162, the 

9th item on page 198, and the 9th item on page 162). see 

section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. 

PENDING ACTIONS AND PROCEEDINGS 

Sults, actions, and other proceedings lawfully com- menced by or against t he Administrator or any other 

officer or employee of the United States In his official 

capacity or In relation to the discharge of his official 

duties under act July 14, 1955, the Clean Air Act, as In 

effect Immediately prior to the enactment of P ub. L. 

95-95 [Aug. 7, 1977], not to abate by reason of the taking 

effect of Pub. L. 95-95, see section 406(a) of Pub. L. 95-95, set out as an Effective Date of 1977 Amendment now under section 7401 of this title. 

MODIFICATION OR RESCISSION OF RULES, REGULATIONS, 

ORDERS, DETER~INATIONS, CONTRACTS, CERTIFICATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER 

ACTIONS 

All rules, regulations. orders. determinations, con- tracts, certifications. authorizations, delegations, or other actions duly Issued, made, or taken by or pursu- ant to act July 14. 1955, the Clean Air Act, as In effect 

Immediately pr·tor to the date of enactment of Pub. L. 

95-95 [Aug. 7, 1977] to continue In f\JII force and effect 

until modified or rescinded In accordance with act July 

14, 1955, as amended by Pub. L. 95-95 (this chapter], see section 406(b) of Pub. L. 95-95, set out as an Effective 

Date or 1977 Amendment note under section 7401 of this 

title. 

DELEGATION OF AUT!iORITY 

Memorandum of President of the United States, Aug. 

19, 1993, 58 F .R. 52397, provided: 

Memorandum for the Administrator of the Environmental Protection Agency 
Page 6265 TITLE 42-T HE PUBLIC HEALTH AND WELFARE §7412 

WHEREAS, the Environmental Protection Agency, 

the agencies and departments that are members of the 

National Response Team (authorized under Executive 

Order No. 12580, 52 Fed. Reg. 2923 (1987) [42 U.S.C. 9615 

note]), and other Federal agencies and departments un- dertake emergency release prevention, mitigation. and 

response activities pursuant to various authorities; 

By the authority vested in me as President by the 

Constitution and the laws of the United States of 

America, including section 112(r)(10) of the Clean Air 

Act (the "Act") (section 7412(r)(10) of title 42 of the 

United States Code) and section 301 of title 3 of the 

United States Code. and in order to provide for the 

delegation of certain functions under the Act [42 U.S.C. 

7401 et seq.], I hereby: 

(1) Authorize you, in coordination with agencies and 

departments that are members of the National Re- sponse Team and other appropriate agencies and de- partments, to conduct a review of release prevention, 

mitigation. and response authorities of Federal agen- cies in order to assure the most effective and efficient 

implementation of such authorities and to identify any 

deficiencies in authority or resources that may exist, 

to the extent such review is required by section 

112(r)(10) of the Act; and 

(2) Authorize you, in coordination with agencies and 

departments that are members of the National Response Team and other appropriate agencies and de- partments, to prepare and transmit a message to the 

Congress concerning the release prevention, mitigation, and response activities of the Federal Government 

with such recommendations for change in law as you 

deem appropriate, to the extent such message Is re- quired by section 112(r)(l0) of the Act. The authority delegated by this memorandum may be further redelegated within the Environmental Protection Agency. 

You are hereby authorized and directed to publish 

this memorandum in the Federal Register. 

WILLIAM J. CLINTON. 

Memorandum of President of the United States, Jan. 

27, 2000. 65 F .R. 8631, provided: 

Memorandum for the Attorney General[, ) the Admin- istrator of the Environmental Protection Agency[, and] 

the Director of the Office of Management and Budget 

By the authority vested in me as President by the 

Constitution and laws of the United States of America, 

including section 112(r)(7)(H) of the Clean Air Act 

("Act' ') (42 u.s.c. 7412(r)(7)(H)), as added by section 3 of 

the Chemical Safety Information, Site Security and 

Fuels Regulatory· Relief Act (Public Law 106-40), and 

section 301 of title 3, United States Code, I hereby delegate to: (1) the Attorney General the authority vested in the 

President under section 112(r)(7)(H)(ii)(I)(aa) of the Act 

to assess the increased risk of terrorist and other 

criminal activity associated with the posting of off-site 

consequence analysis information on the Internet; 

(2) the Administrator of the Environmental Protection Agency (EPA) the authority vested in the President under section 112(r)(7)(H)(ii)(I)(bb) of the Act to assess the incentives created by public disclosure of offsite consequence analysis information for reduction in 

the risk of accidental releases: and 

(3) the Attorney General and the Administrator of 

EPA. jointly, the authority vested in the President 

under section 112(r)(7)(H)(ii)(II) of the Act to promulgate regulations. based on the.se assessments. governing the distribution of off-site consequence analysis in- formation . These regulations, in proposed and final 

form. shall be subject to review and approval by the Director of the Office of Management and Budget. 

The Administrator of EPA is authorized and directed 

to publish this memorandum in the Federal Register. 

WILLIAM J. CL[NTON. 

REPORTS 

Pub. L. 106-40, §3(b), Aug. 5, 1999, 113 Stat. 213, provided that: 

"(1) DEFINITION OF ACCIDENTAL RELEASE.- ln this sub- section, 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 [Aug. 5, 1999]. the Comptroller General of the 

United States shall submit to Congress a report on the 

status of the development of amendments to the Na- tional Fire Protection Association Code for Liquefied 

Petroleum Gas that will result in the provision of information to local emergency response personnel con- cerning 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 Con- gress a report that- ' '(A) describes the level of compliance with Federal 

and State requirements r ela ting to the submission to 

local emergency response personnel of information 

intended to help the local emergency response per- sonnel 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." 

REEVALUATION OF REGULATIONS 

Pub. L . 106-40, §3(c). Aug. 5, 1999, 113 Stat. 213, provided that: "The President shall reevaluate the regulations promulgated under this section within 6 years 

after the enactment of this Act [Aug. 5, 1999). If the 

President determines not to modify such regulations, 

the President shall publish a notice in the Federa l RegIster stating that such reevaluation has been completed 

and that a determination has been made not to modify 

the regulations. Such notice shall include an explanation of the basis of such decision." 

PUBLIC MEETING DURING MORATORIUM PERIOD 

Pub. L. 106-40, §4, Aug. 5, 1999, 113 Stat. 214, provided 

that: "(a) IN GENERAL.-Not later than 180 days after the 

date of enactment of this Act [Aug. 5, 1999). each owner or operator of a stationary sow·ce covered by section 

112(r)(7)(B)(11) of the Clean Air Act [42 U.S.C. 

7412(r)(7)(B)(ii}) shall convene a public meeting, after 

reasonable public notice, in order to describe and dis- cuss the local implications of the risk management 

plan submitted by the stationary sour ce pursuant to 

section 112(r)(7)(B)(iii) of the Clean Air Act. including a summary of the off-site consequence analysis portion 

of the plan. Two or more stationary sources may con- duct a joint meeting. In lieu of conducting such a meet- Ing, small business stationary sources as defined in sec- tion 507(c)(1) of the Clean Air Act [42 U.S.C. 766lf(c)(1)] 

may comply with this section by publicly posting a summary of the off-site consequence analysis informat ion for their facility not later than 180 days after the 

enactment of this Act. Not later than 10 months after 

the date of enactment of this Act, each such owner or operator shall send a certification to the director of the 

Federal Bureau of Investigation stating that such 

meeting has been held, or that such summary has been 

posted. within 1 year prior to. or within 6 months after, 

the date of the enactment of this Act. This section 

shall not apply to sources that employ only Program 1 

processes within the meaning of regulations promulgated under section 112(r)(7)(B)(I) of the Clean Air Act. ' '(b) ENFORCEMENT.- The Administrator of the Environmental Protection Agency may bring an action In 

the appropriate Uni ted States district court against 

any person who fails or refuses to comply with the requirements of this section. and such court may issue such orders, and take such other actions, as may be 
§7413 TITLE 12- THE PUBLIC HEALTH AND WELFARE Page 6266 

necessary to require compliance with such require- ments." 

RISK ASSESSMENT AND MANAGEMENT COMMISSION 

Section 303 of Pub. L. 101-549 provided that: 

"(a) ESTABLISHMENT.- There Is hereby established a Risk Assessment and Management Commission (hereafter referred to In this section as the 'Commission'), which shall commence proceedings not latet· than 18 

months after the date of enactment of the Clean Air 

Act Amendments of 1990 [Nov. 15, 1990) and which shall 

make a fuil investigation of the policy Implications and appropriate uses of risk assessment and risk man- agement In regulatory programs under various Federal 

laws to prevent cancer and other chronic human health 

effects which may I'esult from exposure to hazardous substances. 

"(b) CHARGE.- The Commission shall consider- "(! ) the report of the National Academy of Sciences authorized by section 112(o) of the Clean Air Act [42 

U.S.C. 7412(o}). the use and limitations of risk assess- ment in establishing emission or effluent standards, ambient standards, exposure standards, acceptable 

concentration levels, tolerances or other environ-. mental criteria for hazardous substances that present a risk of carcinogenic effects or other chronic health 

effects and the sultabUity of risk assessment for such 

purposes; 

" (2) the most appropriate methods for measuring 

and describing cancer risks or risks of other chronic 

health effects from exposure to hazardous substances considering such alternative approaches a.s the lifetime risk of cancer or other effects to the Individual or Individuals most exposed to emissions from a source or sources on both an actual and worst case basis, the range of such risks. the total number of 

hea lth effects avoided by exposure reductions, efflu- ent standards, ambient standards, exposures stand- ards, acceptable concentration levels. tolerances and 

other environmental criteria, reductions In the num- ber of persons exposed at various levels of risk. the 

incidence of cancer, and other public health factors; 

"(3) methods to reflect uncertainties In measure- ment and estimation techniques. the existence of 

synergistic or antagonistic effects among hazardous 

substances, the accuracy of extrapolating human 

health risks trom animal exposure data, and the exIstence of unquantlfled direct or Indirec t effects on human health In J•!sk assessment studies; 

"(4) risk management policy Issues including the use of lifetime cancer risks to Individuals most ex- posed, incidence of cancer, the cost and technical fea- sibility of exposure reduction measures and the use of 

site-specific actual exposure Information In setting 

emissions standards and other limitations applicable 

to sources of exposure to hazardous substances: and 

"(5) and comment on the degree to which It Is possible or desirable to develop a. consistent risk assess- ment methodology, or a consistent standard of ac- ceptable risk, among various Federal programs. 

"(c) MEMBERSHIP--Such Commission shall be com- posed of ten members who shall have knowledge or ex- perience In fields of risk assessment or risk manage- ment. Including three members to be appointed by the 

President. two members to be appointed by the Speaker 

of the House of Representatives. one member to be appointed by the Minority Leader of the House of Representatives. two members to be appointed by the Majority Leader of the Senate, one member to be appointed by the Minority Leader of the Senate, and one member to be appointed by the President of the National Academy of Sciences. Appointments shall be 

made not later than 18 months aftet· the date of enactment of the Clean Air Act Amendments of 1990 (Nov. 15, 

1990). 

"(d) ASSISTANCE FROM AGENCIES.- The Administrator 

of t he Environmental Protection Agency and the heads 

of all other departments. agencies. and instrumentalities of the executive branch of the Federal Govern- ment shall. to the maximum extent practicable. assist 

the Commission In gathering such information as the 

Commission deems necessary to carry out this section subject to other provisions of law. "(e) STAFF AND CONTRACTS.-

"(!) In the conduct or the study required by this 

section, the Commission Is authorized to contract (in 

accordance with Federal contract law) with non- governmental entities that are competent to perform 

research or Investigations within the Commission's 

mandate, and to hold public hearings. forums. and 

workshops to enable full public participation. 

"(2) The Commission may appoint and fix the pay 

of such staff as it deems necessary In accordance with 

the provisions of title 5, United States Code. The 

Commission may request the temporary assignment 

of personnel from the Environmental Protection 

Agency or other Federal agencies. 

"(3) The members of the Commission who are not omcers or employees of the United States. while attending conferences or meetings of the Commission or while otherwise serving at the request or the 

Chair, shall be entitled to receive compensation at a rate not In excess of the maximum rate of pay for 

Grade G8-18, a.s provided In the Genera.! Schedule 

under section 5332 of title 5 of the United States Code. 

Including travel time. a.nd while away from their 

homes or regular places of business they may be allowed travel expenses, including per diem In lieu of 

subsistence a.s authorized by law for persons in the 

Government service employed intermittently. "(0 REPORT.- A report contalnlng the results of all 

Commission studies and investigations under this sec- tion, together with any appropriate legislative recom- mendations or administrative recommendations. shall 

be made available to the public for comment not later 

than 42 months after the date of enactment of the 

Clea n Air Act Amendments of 1990 [Nov. 15, 1990) and 

shall be submitted to the President and to t he Congress not later than 48 months after such date of enactment. 

In the report, the Commission shall make recommendations with respect to the appropriate use of risk assess- ment and risk management in Federal regulatory programs to prevent cancer or other chronic health effects 

which may r esult from exposure to hazardous sub- stances. The Commission shall cease to exist upon the 

date determined by the Commission, but not later than 

9 months after tbe submission of such report. 

"(g) AUTHORIZATION.-There are authorized to be appropriated such sums as are necessary to carry out the 

activities or the Commission established by this sec- tion." 

(References In laws to the rates of pay for GS-16. 17. or 18, or to maximum rates of pay under the General 

Schedule, to be considered references to rates payable 

under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I. § 101(c)(l)) 

of Pub. L. 101-509, set out In a. note under section 5376 

of Title 5.) 

§ 7413. Federal enfor cement 

(a) In general 

(1) Order to comply with SIP 

Whenever, on the basis of any information 

available to the Administrator, the Administrator finds that any person has violated or is 

In violation of any requirement or prohibition 

of an applicable implementation plan or per- mit, the Administrator shall notify the person 

and the State In which the plan applies of such 

finding. At any time after t.he expiration of 30 

days following the date on which such notice of a violation Is issued, the Administrator 

may, without regard to the period of violation 

(subject to section 2462 of title 28)-

(A) issue an order requiring such person to comply with the requirements or prohibitions of such plan or permit,