(iv) the installation and operation of 
an intrusion detection sensor; and 
(v) a measure to increase computer or 
computer network security. 
(9) SUBSTANCE OF CONCERN.—(A) The term 
‘‘substance of concern’’ means— 
(i) any regulated substance (as defined in 
section 112(r) of the Clean Air Act (42 U.S.C. 
7412(r))); and 
(ii) any substance designated by the Ad-
ministrator under section 4(a). 
(B) The term does not include liquefied petro-
leum gas that is used as fuel or held for sale as fuel 
at 
a 
retail 
facility 
as 
described 
in 
section 
112(r)(4)(B) of the Clean Air Act (42 U.S.C. 
7412(r)(4)(B)). 
(10) UNAUTHORIZED
RELEASE.—The term 
‘‘unauthorized release’’ means— 
(A) a release from a chemical source into 
the environment of a covered substance of con-
cern that is caused, in whole or in part, by a 
criminal act; 
(B) a release into the environment of a 
covered substance of concern that has been re-
moved from a chemical source, in whole or in 
part, by a criminal act; and 
(C) a release or removal from a chemical 
source of a covered substance of concern that is 
unauthorized by the owner or operator of the 
chemical source. 
(11) USE
OF
INHERENTLY
SAFER
TECH-
NOLOGY.— 
(A) IN GENERAL.—The term ‘‘use of in-
herently safer technology’’, with respect to a 
chemical source, means use of a technology, 
product, raw material, or practice that, as com-
pared with the technologies, products, raw ma-
terials, or practices currently in use— 
(i) reduces or eliminates the possi-
bility of a release of a substance of concern 
from the chemical source prior to sec-
ondary containment, control, or mitigation; 
and 
(ii) reduces or eliminates the threats 
to public health and the environment asso-
ciated with a release or potential release of 
a substance of concern from the chemical 
source.
(B) INCLUSIONS.—The term ‘‘use of inher-
ently safer technology’’ includes input substi-
tution, catalyst or carrier substitution, process 
redesign (including reuse or recycling of a sub-
stance of concern), product reformulation, pro-
cedure simplification, and technology modifica-
tions that meet the criteria in paragraph 
(11)(A) and— 
(i) use less hazardous substances or 
benign substances; 
(ii) use a smaller quantity of covered 
substances of concern; 
(iii) reduce hazardous pressures or 
temperatures; 
(iv) reduce the possibility and poten-
tial consequences of equipment failure and 
human error; 
(v) improve inventory control and 
chemical use efficiency; and 
(vi) reduce or eliminate storage, 
transportation, handling, disposal, and dis-
charge of substances of concern.
SEC. 4. DESIGNATION OF AND REQUIREMENTS FOR HIGH 
PRIORITY CATEGORIES. 
(a) DESIGNATION AND REGULATION OF HIGH PRI-
ORITY CATEGORIES BY THE ADMINISTRATOR.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Administrator, 
in consultation with the Secretary and State and 
local agencies responsible for planning for and re-
sponding to unauthorized releases and providing 
emergency health care, shall promulgate regulations 
to designate certain combinations of chemical 
sources and substances of concern as high priority 
categories based on the severity of the threat posed 
by an unauthorized release from the chemical 
sources. 
(2) FACTORS TO BE CONSIDERED.—In desig-
nating high priority categories under paragraph (1) 
the Administrator, in consultation with the Sec-
retary, the United States Chemical Safety and Haz-
ard Investigation Board, and State and local agen-
cies described in paragraph (1)— 
(A) the severity of the harm that could be 
caused by an unauthorized release; 
(B) the proximity to population centers; 
(C) the threats to national security; 
(D) the threats to critical infrastructure;
(E) threshold quantities of substances of 
concern that pose a serious threat; and 
(F) such other safety or security factors as 
the Administrator, in consultation with the Sec-
retary, determines to be appropriate. 
(3) REQUIREMENTS FOR HIGH PRIORITY CAT-
EGORIES.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Ad-
ministrator, in consultation with the Secretary, 
the United States Chemical Safety and Hazard 
Investigation Board, and State and local agen-
cies described in paragraph (1), shall promul-
gate regulations to require each owner and each 
operator of a chemical source that is within a 
high priority category designated under para-
graph (1), in consultation with local law en-
forcement, first responders, and employees, 
to— 
(i) conduct an assessment of the vul-
nerability of the chemical source to a ter-
rorist attack or other unauthorized release; 
(ii) using appropriate hazard assess-
ment techniques, identify hazards that may