term in section 112(a) of the Clean Air Act (42
U.S.C. 7412(a)).
(4) HAZARDOUS SUBSTANCE.—The term ‘‘haz-
ardous substance’’ has the meaning given the term
in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(5) OZONE-DEPLETING SUBSTANCE.—The term
‘‘ozone-depleting substance’’ means a class I sub-
stance or a class II substance, as defined in section
601 of the Clean Air Act (42 U.S.C. 7671).
(b) ADDITIONAL PENALTY.—
(1) IN GENERAL.—In addition to a civil penalty
assessed in a judicial or administrative proceeding
under another environmental law, the Administrator
shall assess an additional penalty for each cata-
strophic event against the violator—
(A) in the case of a catastrophic event that
results in the potential for serious human injury
or death, or serious environmental damage, but
that does not have a result described in sub-
paragraph (B) or (C), a minimum of—
(i) $10,000 per pound of hazardous
air pollutant emitted in the course of the
catastrophic event;
(ii) $10,000 per ton of criteria air pol-
lutant or ozone-depleting substance emit-
ted in the course of the catastrophic event;
and
(iii) $10,000 for each quantity of haz-
ardous substance equal to the reportable
quantity of the hazardous substance, as
specified in parts 117 and 302, title 40,
Code of Federal Regulations (or any suc-
cessor regulation), released in the course of
the catastrophic event;
(B) in the case of a catastrophic event that
results either in a serious human injury or
death, or in serious environmental damage, a
minimum of—
(i) $15,000 per pound of hazardous
air pollutant emitted in the course of the
catastrophic event; and
(ii) $15,000 per ton of criteria air pol-
lutant or ozone-depleting substance emit-
ted in the course of the catastrophic event;
and
(iii) $15,000 for each quantity of haz-
ardous substance equal to the reportable
quantity of the hazardous substance, as
specified in parts 117 and 302, title 40,
Code of Federal Regulations (or any suc-
cessor regulation), released in the course of
the catastrophic event; and
(C) in the case of a catastrophic event that
results both in a serious human injury or death
and in serious environmental damage, a min-
imum of—
(i) $25,000 per pound of hazardous
air pollutant emitted in the course of the
catastrophic event;
(ii) $25,000 per ton of criteria air pol-
lutant or ozone-depleting substance emit-
ted in the course of the catastrophic event;
and
(iii) $25,000 for each quantity of haz-
ardous substance equal to the reportable
quantity of the hazardous substance, as
specified in parts 117 and 302, title 40,
Code of Federal Regulations (or any suc-
cessor regulation), released in the course of
the catastrophic event.
(2) AIR
POLLUTANTS
FALLING
WITHIN
MUL-
TIPLE
CATEGORIES.—For the purpose of deter-
mining an additional civil penalty under paragraph
(1), if an air pollutant is both a hazardous air pol-
lutant and a criteria air pollutant, hazardous sub-
stance, or ozone-depleting substance, the air pollut-
ant shall be considered to be a hazardous air pollut-
ant.
(c) PREVENTIVE MEASURES.—In addition to any
measures required to be implemented under any other pro-
vision of law, the Administrator may require in an order,
consent decree, settlement agreement, permit, or other en-
forceable mechanism that a violator against which a pen-
alty is assessed under subsection (b) shall implement pre-
ventive measures, including additional monitoring, record-
keeping, reporting, training, and other design, equipment,
work practice, and operational requirements.
SEC. 6. PRESERVATION OF AUTHORITY.
Nothing in this Act limits the authority of the
Administrator—
(1) to assess appropriate penalties, on consider-
ation of relevant factors, under any environmental
law; or
(2) to impose more stringent requirements and
penalties or exercise any civil or criminal authority
in the case of repeat violators or catastrophic events.
SEC. 7. EMERGENCY ORDER AND CIVIL ACTION PENALTY
AUTHORITY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Administrator may, with respect to any
person or entity responsible for creating a condition that
may present an imminent and substantial endangerment
to human health or the environment in violation of an en-
vironmental law, issue an administrative order or bring a
civil action in United States District Court, seeking such
relief as is necessary to protect human health or the envi-
ronment.
(b) PENALTY.—A person or entity described in sub-
section (a) may be fined not less than $25,000 and not
more than $10,000,000, to be paid into the Health and
Environment Trust Fund of the Environmental Protection
Agency.
(c) AVAILABILITY OF FUNDS.—The Administrator
shall make funds in the Health and Environmental Trust
Fund available for withdrawals, without further Act of ap-
propriation, in an amount not to exceed $500,000 for each
project, to pay costs incurred by the Federal Government
in addressing a health or environmental threat—
(1) for which a fine was collected under sub-
section (b); and
(2) in accordance with the statutory authority
under which the action seeking payment of the fine
was initiated.
Æ