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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3529 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3529

 To amend the Clean Air Act to clarify a certain provision relating to 
                   prevention of accidental releases.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2012

  Mr. Roberts introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 To amend the Clean Air Act to clarify a certain provision relating to 
                   prevention of accidental releases.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``General Duty Clarification Act of 
2012''.

SEC. 2. PREVENTION OF ACCIDENTAL RELEASES.

    (a) Purpose and General Duty.--Paragraph (1) of section 112(r) of 
the Clean Air Act (42 U.S.C. 7412(r)) is amended--
            (1) by striking ``It shall be the objective'' and inserting 
        the following:
                    ``(A) In general.--It shall be the objective''; and
            (2) by adding at the end the following:
                    ``(B) Regulations.--
                            ``(i) Limitation.--No entity shall be found 
                        to be in violation of this paragraph until the 
                        Administrator--
                                    ``(I) promulgates final regulations 
                                under clause (ii); and
                                    ``(II) issues internal enforcement 
                                guidelines under clause (iii).
                            ``(ii) Regulations.--The Administrator 
                        shall promulgate regulations establishing 
                        criteria defining, for purposes of this 
                        paragraph, the terms `extremely hazardous 
                        substance', `appropriate hazard assessment 
                        techniques', and `design and maintain a safe 
                        facility'.
                            ``(iii) Uniformity.--Subsequent to the 
                        promulgation of final regulations under clause 
                        (ii), the Administrator shall issue guidelines 
                        to ensure that enforcement of this paragraph is 
                        handled by the regional offices of the 
                        Environmental Protection Agency in a uniform 
                        and appropriate manner across all regions of 
                        the United States.''.
    (b) Definition of Accidental Release.--Subparagraph (A) of section 
112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)) is amended by 
inserting ``, other than an emission resulting from an intentional 
act'' before the period at the end.
                                 <all>
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