I 

116TH CONGRESS 

1ST SESSION H. R. 2092 

To direct the Administrator of the Environmental Protection Agency to set 

a health-protective numerical emission limitation for hydrogen cyanide 

under section 112 of the Clean Air Act (42 U.S.C. 7412), and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2019 

Ms. DEGETTE introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To direct the Administrator of the Environmental Protection 

Agency to set a health-protective numerical emission limitation for hydrogen cyanide under section 112 of the 

Clean Air Act (42 U.S.C. 7412), and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Commu5 nities from Hydrogen Cyanide Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 2092 IH

1 SEC. 2. PROTECTING PUBLIC HEALTH FROM HYDROGEN 

2 CYANIDE POLLUTION. 

3 Section 112(n) of the Clean Air Act (42 U.S.C. 

4 7412(n)) is amended by adding at the end the following: 

5 ‘‘(8) HYDROGEN CYANIDE.— 

6 ‘‘(A) NUMERICAL EMISSION LIMITATION.— 

7 The Administrator shall, by regulation— 

8 ‘‘(i) set a numerical emission limita9 tion for hydrogen cyanide from petroleum 

10 refineries; and 

11 ‘‘(ii) require— 

12 ‘‘(I) real-time fenceline air moni13 toring of emissions of hydrogen cya14 nide at each petroleum refinery and 

15 real-time online public reporting of 

16 such monitoring; 

17 ‘‘(II) a community release alert 

18 system for residents exposed to emis19 sions of hydrogen cyanide from a pe20 troleum refinery; and 

21 ‘‘(III) regular electronic report22 ing to the Administrator of all moni23 toring data related to emissions of hy24 drogen cyanide from each petroleum 

25 refinery. 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 2092 IH

1 ‘‘(B) REQUIREMENTS.—In setting a nu2 merical emission limitation under subparagraph 

3 (A), the Administrator shall— 

4 ‘‘(i) require the maximum degree of 

5 reduction in emissions that the Adminis6 trator determines is achievable, in accord7 ance with subsection (d); 

8 ‘‘(ii) ensure an ample margin of safety 

9 to protect public health and prevent an ad10 verse environmental effect; 

11 ‘‘(iii) prevent adverse cumulative ef12 fects to fetal health, children’s health, and 

13 the health of vulnerable subpopulations; 

14 ‘‘(iv) consider the effects and risks of 

15 exposure to hydrogen cyanide from mul16 tiple sources and in combination with expo17 sure to other pollutants; and 

18 ‘‘(v) consider the best available 

19 science, including as provided by the Na20 tional Academy of Sciences. 

21 ‘‘(C) REGULATION.— 

22 ‘‘(i) INITIAL REGULATION.— 

23 ‘‘(I) DEADLINE.—The Adminis24 trator shall promulgate the initial reg25 ulation required under subparagraph 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 2092 IH

1 (A) not later than 2 years after the 

2 date of enactment of this paragraph. 

3 ‘‘(II) COMPLIANCE DATE.—The 

4 compliance date for the initial regula5 tion required under subparagraph (A) 

6 shall be not later than 3 years after 

7 the date of enactment of this para8 graph. 

9 ‘‘(ii) PUBLIC HEARINGS.—Before fi10 nalizing a regulation (or revision thereof) 

11 required under subparagraph (A), the Ad12 ministrator shall hold at least 2 public 

13 hearings in communities exposed to air 

14 pollution from petroleum refineries. 

15 ‘‘(D) SAVINGS CLAUSE.—Nothing in this 

16 paragraph shall be interpreted to preclude or 

17 deny the right of the Administrator or any 

18 State or political subdivision thereof to adopt or 

19 enforce emission standards, monitoring, or 

20 other requirements that are more stringent 

21 than the requirements herein.’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS