# 42 u.S'. C. 

# §7'tt · 2 

# Cor)

Page 6255 T ITLE 42-THE PUBLIC HEALTH AND WELFAR E §74 12
(4) Funding

The center s h a 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 unl ess modified as provided in this section be

fore 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 s hall be reviewed and, if appropriate, revised, to com ply wi th the requi rements 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 timel y 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 wi th t hi s section as in effect before that date. If any such standard is remanded to the Ad ministrator, the Administrator may In the Adminis trator '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 Amendm en ts 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) e le- 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 t h e Clean Air Act Amendments of 1990 [November 15, 1990]. shall remain in effect for radionuclide emissions from such plan ts and stacks. (3 ) Other categories

Notwithstanding paragraph ( 1 ), this section,
as In e ff ect pri or to the date of ena ct

men t 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 dispo sa l of uranium m ill 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) Me dical facilities

Notwithstandi ng paragraph ( 1 ). no standard promulgated u nder this sect ion prior to November 15, 1990 , with respect to medi cal re- search or t reatment facilities sha ll 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 protec t public health, the requirements of this sec t ion shall full y apply to such fac!llties. If the Administrator determines that such regulatory program does pro- vide an ample margin of saf ety to protect the public health, t he Administrator i s no t r e- quired to promul gate a standard under this section for such facilities. as provided in subsection (d)(9) of this section

. (r) Prevention of acci dental releases



### ~.,.::;,__--

( 1) Purpo se and general duty

I t shall be the objective of the regul ations and programs aut horized under this subsection t o prevent the accidental rel ease and to mini

- mize the consequences of any such release of any substance listed pursuant to paragra ph (3)
or any ot

. her extremely haz ardous substance. The owners and operators of stationary sources producing, processing, handling or storing such s ubstances have a general duty In t he same manner and to t h e same exten t as section 654 of title 29 to identify hazards which may re s ul t 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 consequ ences of accidental re- leases which do occur. For purposes of this paragraph, the provisions of section 7604 of t his title shall not be available to any person or otherwise be cons t rued to be applica ble to this paragraph. No thing in this sect ion shall be interpreted, c onstrued, implied or applied to create any liability or basis for suit for compensatio n for bodily injury or a ny other injury or property damages to any person which may r esul t from accidental releases of such substances. (2) Deimitions

(A) The term "acciden tal release " means a n unanticipated emi ssion of a regulated substance or other extremely h aza rdous s ubstance in to t h e ambient air fro m a stationary source

.

(B ) The term "regulated substance" me ans a substance listed under paragraph (3).

(C) The term " stationary source" means any buildings. struct ures, equipment, installations
or substance emitting stationary activities (i) which belong to the same indus trial g roup, (ii) which are located on one or more contiguous properti es, (111) which are under the con t rol of the s ame person (or persons under com mon 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 t he 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 no t later than 24 months af ter November 15. 1990,§7412 TITLE 42-T HE PUBLIC HEALTH AND WELFARE Page 6256

an Initial li st of 100 substances which, In the
case of an a ccidental re lease, a re known to cause or may r easonably be a n t 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 E m e r gency Planning and Community Right

- to-K now 4 Act of 1986 [42 U.S.C. 11001 et seq

.], with such modifications as the Adm inist r ator deems appropriate. The initial list shall incl ude chlorine, a nhydrous 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 s u lfur dioxide, and sulfur trioxide. The initial list shall include at least 100 substances which pose the greatest risk of cau sing death, injury, or serious adverse ef fects 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 natio n a l 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 h is paragraph consistent wit h those applicable to the list in subsection (b ) o f this section. (4) Factors to be c ons idered

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 acciden tal releases of the sub s t a n ce; 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, un l ess a fire or explosion ca u sed by the sub sta n ce will result in acute adver se 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) Thre s hold quantity

At the time any substance is listed pursuant to paragra ph ( 3), the Adm ini strator shall es- tablish by rule, a threshold quanti ty for the

• So In original. Probably should be " Right

- To-Know"

. s u bstance, taking in to account the to xicity, re activity, volatility, di spersib!lity, co mbust ib il ity, or flammabili t y of the substan ce a n d 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 quan t ity for, or to exem pt ent irely , any substanc e that is a nutrient u sed in agriculture when h eld by a farmer. ( 6) Chemical S afety Boa r d (A) There is hereby established an independ

ent safety board to be known as the Chemical Safety and Hazard Investigation Board.

(B) T he Board shall consist of 5 members. in-
c luding a Chairperson, who shall be appoi nted by the President, by and with the advic e and
cons ent of the Senat e. Members of t he Board shall be appointed on the basis of technical qualification, profes sional standing, and demonstrated knowledge in the fields of acciden t reconstruction, safety engineering, human factors, toxicology, or air pollution regulation. The terms of office of members of the Board shall be 5 years. Any m ember of the Board, in-
cl uding the Chairperson , may be removed for ineffi ciency, neglect of duty, or malfeasance in office. The Chair person shall be the Chie f Executive Officer of t h e Board and shall exer

- c ise the executive an d administrative fu nc- 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 c ause or probable caus e of
a ny accidental release resulting in a f atal

- ity, serious in jury or substantial pr operty 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
ch emical producti on , processing, handling
and storage, and other interested pers ons recommending me as ures to reduce the llke- l! hood or the consequ ences of accidental r e

- l eases 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 t he authority of this section or the Sec-
ret ary of Labor under the Occupat iona l S afety and Heal th Act [29 U.S.C. 65 1 e t seq. ] to prevent or min imize 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 re

lease; and

(iii) establlsh by regu lation requirements bi nding on persons f or reporting acciden tal
r eleases into the a m bient air sub j ect to the Board's invest i gatory jurisdiction. Reporting releases to the National Response Cen-Page 6257 TITLE 42-THE PUBLIC HEALTH AND WELFARE §7412

ter, in lieu of t he Board directly, shall satisfy such regul ations. The National Re sponse 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
authorlzed to investigate marine oil spills, which the Na t ional 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 re sponse authorities, State and local governmental agencies and associations and organizations from the Industrial, commercial, and nonprof i t sectors. (G) No pa..rt of the conclusions, findings, or recommendations of the Board relating to any accidental release or the investigation thereo f shall be adm itted 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 quan tities for such substa nces) and categories of stationary
sources for which hazard assessmen ts 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 B oard may from time to time review and revise its recommendations under this sub

### paragraph.

(I) Whenever the Board submits a recom- mendation with respect to accidental releases to the Administrator, the Administrator shall respond to such recommendation f ormally and in writing not later than 180 days after receipt thereof. The response to the Board's recom- mendation by the Administrator s hall indicate whether the Administrator will

- (!) initi ate 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 impl ement a recomm endat ion 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 resp ect 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, sha ll be accompanied by a statement from the Secretary setting fort h 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 Heal th Administration rec- ommending the adopt ion of regulations for the preparation of risk management plans and general requirements for the prevention of ac- cidental releases of regu l ated 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 s hou ld 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 regu lated 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 e mployed 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 appropr iate creden

- tials and a written no tice 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 pursuan t to subparagraph {0) and inspect at reasonable times record s, 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 Ac t [29 

### u.s.a. 651 et seq

.].

(M) In addition to th at described In subp ara- 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 thi s title.

(N) The Board is authorized to establish such procedural and administrative rule s 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 agreemen ts or other transactions as may be n ecessary 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 s ubparagraph (0)(111) it shall be unlawful for any person to fail to report any rel ease of any ex- tremely hazardous substance as required by such subparagraph. The Administrator Is au- thorized to enforce any regulation or require

ments 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 mad e 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 m ade by the Administrator under section 7414 of this title and may be en- forced by the Chairperson of the Board or by the Adminis t rator 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 subsect i on a (G) and sec- tion 7414 (c) of this title any records, reports or informati on obtained by the Board shall be available to the Adminis trator, the Secretary of Labor, the Congress and t he public, except that upon a showing satisfactory to the B oard by any person that records, reports. or information, or particula,r part thereof (ot her 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, repo rt , or information may be disclosed to other officers, empl oyees, 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 , legi slative recommendation, prepared testimony for congressional hearings, recommendation or study to the President, the Secretary of L abor, the Adminis trator, 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, legislatlve recommendations, prepared testimony, commen ts, recommendations or repor ts 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. offi cers 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 employe e 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 § 7 412

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 Pres ident 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 containmen t. and other design, equipment, work practice, and operatio nal requirements. Regulations promulgated under t his paragraph may make distinctions between various types, classes, and kinds of facili t 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 pu r suant 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 accid ental 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, operation s, processes, class and categories of sources and the voluntary actions of such sour ces to prevent such releases and re- spond to such releases. The regulations shall be appllcable to a stationary source 3 years 

### af

ter the date 

### of promulgation. or 3 

### years after the date on which a regulated substa n ce 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 a lso 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 po tential exposures to affected populations

. Such assessment shall Include a previous release his tory 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 progra m 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 publi c 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 subpa ragraph , the Administrator shall promulgate guidelines to as sist stationary sources in the preparation of risk manage- ment plans. The guidelines shall , to the extent practicable, include model risk management plans.

(iii) The o wner or operator of each stationary source cover ed 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 submi tted 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 respon sib!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 Adminis t rator 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 managemen t plans to assure that the plans comply wi th 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 t he 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 Che m ical 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 requi r 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 solel y 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.

- T he 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.-Th e 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, t he 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 r egulations governing the distributi on 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 restrictio n ;

(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 localPage 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 l ocal covered person to provide, for official use, offsite consequence analysis information rela tin g to stationa ry s ources 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 stat ionary 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). of f- site consequence analysis Information covered by tbe regulations, and any ranking of stationa ry sources derived from the Information, shall not be made available under section 552 of t itle 5 after the e nd of that period.

(III) APPLICAB I LITY .-Subclauses (I) and (II) a pply to off-site consequence analysis information submitted to the Admini strator before, on, or after August 5, 1999

. (iv) AVAILABILITY OF INFORMATION DURING TRANSITION PERIOD.-Th e Admini strator 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
s tationary sources, during the period- (!) beginning on August 5, 1999; and (II) ending on the ea rlier of the date of promulgation of t he regulations under clause (! !) or the date th at 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 prom ulgated under clause (11))

. After t he end of the 1- year peri od beginning on August 5, 1999. If regulations have not been promulgated under clause (1!), the preceding sentence shall n ot 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 convic

tion. 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 h e of fense resul ts In pecuniary loss unless the defendant k new 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 perso n or organization under this Item shall no t 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 Adm inistrator of the public availabili ty of the information. ( IV ) LIS T.-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.-Th e Administrator shall provide not ice of the definition of official us e as provided in clause (1)(11 1 )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
a fter Augus t 5, 1999, the Administrator. in
consul tation 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 availa ble on the Internet, the off-site consequence analysis inf ormation , or any portion of the off-site
consequence a naly sis information, re- ceived under t hi s clause. (viii) READ

-ONLY INFORMATION TEC HNOLOGY SYSTEM.-ln consultation with the Attorney

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

General and the heads of other appropr iate Federa l agen ci es, the Administrator shall establish an information technology system 

### that provides for the availability to the pub · lie of off-si te co nsequence a nalysis Informatio n by m eans of a central data base under the control or the F ederal Government that
con tains information that users may read, but that provides no m eans by whi ch an electronic or mechanical copy of the Information may be made

.

(i x) VOLUNTARY INDUSTRY ACCIDENT PRE· VENTION STANDARDS. -The Environmental Protection Agency, the Department o f Justice, and other appropriate agencies may provide technical assistanc e to own ers and operators of stationary sources a nd 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 subpara graph (Including the regulations promulgated under this subpara
- graph) shall supersede any prov ision of State or lo cal law that Is Inconsi stent with this subparagraph (Including the regulatio ns)

.

(II) AVAILABfLITY OF INFORMATION UNDER STATE LAW .-Nothing in this subparagraph precludes a State from making available data on t h e off-site consequences of chem i-
cal releases c ollected In accordance with State law. (xi) REPORT.-

( 1) IN GENERAL.

- Not later than 3 years after Augu st 5, 1999, the Att orney General, In consultation with appropriate State, local, and Federal Government agencie s, affected Industry , and the public, shall submit to Congress a report that describes the extent to which r egulation s promul · gated under this paragra ph have resulted in actions. Including the design and maintenance of safe

·fac!li t ies, that are effective In detect ing, preventing, and m inimizing the con sequences of releases of regulated substances that may be caused by cr iminal activity. As part of this report, the Attor- ney General, using available data to the
extent po ssible, and a sampling of covered stat ionary sources selected at the discretion of the Attorney General, and in con- sultation wi t h appropriate State, local,
a nd Federa l governmental agencies, affected industry, and the public, s hall re- view the vulnerability of covered station- ary sources to criminal and terrorist ac- tivity, current industry practices r egard

- Ing site security, and security of transpor- tation of r egulated sub stances. The Attorney General sha ll submit this report, con- taining the results of the review , together
with recommendations, if any, for r educing vulnerability of covered stationa ry sources to c rimi nal and terrorist activity, to the Committee on Commerce of the United States House of Representatives
and the Committee on Environment and Public Works o f the United S tates Senate and other relevant committees of Congress. (II) INTERIM REPORT.-Not later t han 12 months after August 5, 1999. the Attorney Gen eral shall submit to the Committee on 

### Commerce of the United States House of Repres entat ives and the Commi tte e on En

- vironment and Public Works of the United States Senate, and other rel evant commi ttees of Congress, an interim report that in-
c ludes. at a minimum

- (aa) t he pr eliminary findings under subc laus e (I);

(bb) the methods used to develop the findings; and

(cc) an expl anation of the activities ex- pected to occur· that could cause the findings of the report under s ub c lause ( I) to be dif ferent 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 informa t ion 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 anal ysis Information by a ny covered person in a ny manner or form except in the form of a risk m a n
- agement plan or an elect ron ic data base created by t he 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 (includlng the regulations pro
- mulgated under clause (11)), to remain avail-
a ble until expended. (8 ) Research on hazard assessm ents

The Admini strator may collect and publish Infor m ation on accident scenario s and conse- quences covering a range of possible events for
s ubstances listed under paragraph (3). The Ad

- ministrator shall establish a program of l ongterm research to develop and disseminate Information on methods and techniques for hazard assessment which may be u seful in improving and validating the procedures em- ployed in t h e preparation of hazard assess- ments und er this subsecti o n

. . (9) Order a u thority

(A) In addition to any other action taken. when the Administrator determines that there may be an Imminent and substantia l endangerment to the human h ealth or welf a re or the environment because of an actual or threat

- ened ac cidental release of a regulated substa nce, the Administrator may secure such r e- lief as may be necessary to abate such danger
or threat , and the dis trict court of the United States in the district In which t he threat oc- curs shall have jurisdiction to grant such re
- lief as t h e public in terest and th e equities ofPage 6263 TITLE 42-THE PUBLIC HEALTH AND WELFARE §7412

t he 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 heal th

. The Administrator shall take action under section 7603 of this title rather than this paragraph whenever t he 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 ti tle, 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 t itle

. (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 subd ivi sion thereof to adopt or enforce any regulation, requirement, limitati on 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 l ater 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 g enerally to chapter 23 (§2011 et seq.) of this title. For complete classification of this Act to the Code, see Shor t 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

. 9 4

- 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. 1 972, 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 t hi s 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). i s title XIV or act July 1 , 1944 , as added Dec. 16, 1974 , Pub. L. 93-523, §2(a), 88 Stat

. 1660, as amended, which i s 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, referre d to In subsec. (n)(7), Is title II o f 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. Subtltie C or the Act is classlfied generally to subchapter 

### m (§6921 et seq.) of chapter 82 of this title. For complete classification of this Ac t 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 cl a ssification 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 th e Code, see Short Title note set o ut under section 11001 of this title and Tables.

The Occupational S afety and Health Act, referred to In subsec. (r )(6)(C)(U), (K), (L), pr·obably means the Occupational Safety and Heal th Act of 1970. Pub

. L. 91-596. Dec. 29, 1970

. 84 Stat

. 1590, as amended. whi c h Is classified principally to c hapter 15 (§651 et seq .) or Title 29 , Labor. For comp lete 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 U ni ted 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) sha ll 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 com pletion of the study, t he Secretary shall sub

- mit to Congress a report on the r esults or the study and " for " The Secretary shall prepare annu al reports to Congress on the status of the research program and at the completion o f 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 p r 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 exem ption; i n subsec. (d), State implementation and enforcement: and In subsec. (e), design , equipment, work practice. and operational standards. 1978-Subsec. (e)(5). P ub

. L

. 95-623 added par. (5). 1977

- Subsec. (a)(1). P ub. L

. 95-95, §401(0), substituted "caus es, or contributes to, air pollution which may r ea

- 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, ill

ness ".

Subsec. (d)(1). Pub. L

. 95-95 , § 109{d)(2), stru c k 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 jurisdic tion over matters relating to securities and ex- chan ges and In surance 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 express l y provided, see secti on 406(d) of Pub

. L. 95-95. set out as a n ote under section 7401 of this title.
T ERMINAT ION 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 o n 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 T itle 31, Money and Finance.
PENDING ACTIONS AND PROCEED INGS 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 [A ug. 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 Effect ive Date of 1977 Amendmen t
now under section 7401 o f t his 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. aut h orizations, delegatio ns, or ot

her 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 o f enactment of Pub. L. 95

- 95 [Aug. 7, 1977] to continue In f\JII force and effect until modified or resc i nded 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 Environ

men tal Prot ection AgencyPage 6265 TITLE 42-T H E PUBLIC HEALTH AND WEL FARE §741 2
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. 740 1 et seq.], I hereby:

(1 ) Authorize you, in coordination with agencies and departments that are members of the National R e

- 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 mos t ef fective 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 T eam and other appropriate agencies and de

- partments, to prepare and transmit a message to the Cong ress concerning t he release prevention, mitigation , and response activities of the Federal Government with such recommendations for change in law as you deem approp r iate, to the extent such m essage Is re

- quired by section 112(r)(l0) of the Act

.

The authority delegated by this memorandum may b e further r edelegated within the Environmental Protection Ag ency.

You are hereby authorized and directed to publish this memorandum in the Federal Regis ter. W

I LLIAM J. CLINTON

. Memorandum of President of the U nited 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 Chemica l Safe ty Information , Site Security and Fuels Regulatory· Relief Act (Public Law 106-40), and section 301 of title 3, U nited 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 ass ess the increased risk of terrorist and other criminal activity associated with the posting o f off

-site consequence analysis information on the Internet;

(2) the Administrator of the Environmental Protection Agency (EPA) the authori ty vested in the President under section 112(r)(7)(H)(ii)(I)(bb) of the Act to assess the incentives created by public disc l osure of offsite consequence a nalys is informat i on 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 r eview 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 ACCID E NTAL 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. 7 412(r)(2)). "(2) REPORT ON S TA

TUS 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 Cl ean Air Act (as added by section 3).

"(3) REPORT ON COMPLIANCE WITH CERTAIN INFORMATIO N SUBMISSION REQU IREMENT S

.- Not later than 3 y ea rs 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 el a tin g to the submission to local emergency response personnel of information intended to help the local emergency response per

- sonnel respond to chemical accidents or r el ated 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 informatio n to local emergency response personnel." REEVAL UATION OF REGULATIONS Pub. L

. 106-40, §3(c). Aug. 5, 1999 , 113 Stat

. 213, provided that: "The President shall r eevaluate the regulations promulgated under this section within 6 years after the enactment of thi s Act [ Aug. 5, 1999). If the President determines not to modify such reg ulations, the P resident shall publish a notice in the Feder a l RegIs ter stating that such reeval uation has been completed and that a determination has been made not to modify the regulatio ns

. 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 co nsequence 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 informa

t ion for their facility no t 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 Invest igation stating that such meeting has been held, or that such summary has been posted. within 1 year prior to. or wi thin 6 months after, the date of the enactment of this Act. This section shall not apply to sources that employ only P rogram 1 processes within t he meaning of regulati ons promulgated under section 112(r )(7)(B)(I) of the Clean Air Act.

' '(b) ENFORCEMENT

. - The Administrator of the E nvironmental 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 month s 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'es ult from e xposure to h azardo us 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 e mission or effluent standa rds , ambient standards, exposure sta ndards, acceptable concentration l evels , tolerances or other e nviron-.

m ental 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 appropr iate methods for measuring and describing cancer ris k s or risks of other chronic h eal t h effects from exposure to h aza rdous substances
con sidering 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 sour ces on both an actual and worst case bas is, the range of such risks. the total number of hea l th 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 e xp osed at various levels of risk. the incidence of cancer, and other public health factors;

"(3) methods to reflect uncertainties In measur e- ment and estimation techniques

. the existence of synergistic or antagonistic effects among hazardous substances, the accuracy of extrapolating human h ealt h risks trom animal exposure data, and the exIstence of unquantlfled direct o r Indirec t effects on human health In J•! s k 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 techni cal fea

- sibility of exposure reductio n measures and the use of site-specific actual expo sure Information In setting emissions standards and other limitations applicable to sources of expo sure to hazardous substances: and

"(5) and comment on the degree to which It Is possible or desirable to develop a. con sistent risk assess- ment methodology, or a consistent standard of ac- ceptable risk, among various Federal programs. "(c) M EMBERSHIP--S uch Commission shall be com
- posed of ten memb ers who shall have knowledge or e x- perience In fields of risk asses sment or r i sk manage
- ment. Including three members to be appointed by the Pr

esident. two members to be appointed by the Speaker of the House of Representatives. one member to be appo inted by the Minority Leader of the House of Representatives

. two m em bers 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 A ir Act Amendments of 1990 (Nov. 15, 1990).

"(d) ASSISTANCE FROM AGENCIES.

- The Admini st rator 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 s hall. to the maximum extent practicable. assist the Commission In gathering such information as the Commission deems necessary to carry out this section

s ubject to other provisions of law

.

"(e) STAFF AND CONTRACTS

.-

"(!) In the conduct or the s tudy required by this section , the Commission Is authorized to contract (in accordance with Federal contract law ) with n on- 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 a ppoint 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 Commissi on who are not
omcers or employees of the United States. while attending conf erences 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, inc luding per diem In lieu of subsis tence a.s authorized by law for persons in the Government service employe d intermittently

. "(0 REPORT.

- A report conta lnlng 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 month s after the d ate of enactment of the Clea n Air Act Amendments of 1990 [Nov. 15, 1990) and shall be submi tted to the Pr esident and to t he Congress not later than 48 months after s u c h date of enactment. In the report, the Commission shall make recommendations with respect to the appropriat e use of risk assess- ment and risk management in Federal regulatory programs to prevent ca ncer or other chronic health effects whic h may r es ult from exposure to hazardous sub

- stances. The Commission s h all cease to exist upon the date determined by the Comm ission , but not later than 9 months after tbe submission of such report.

"(g) AUTHORIZATION.-There are author ized 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 pa yable 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 followin g t he 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 t he requirements or prohibitions of such plan or permit,