whether that facility should be designated 
as a chemical source not later than 180 
days after the later of— 
(I) the date of the promulgation 
of final rules under subsection (a)(1); 
or 
(II) the date that facility be-
comes operational. 
(ii) FACILITIES COVERED.—A facility 
described in this clause is a facility— 
(I) that becomes operational on 
or after the date of the designation of 
chemical sources under subsection 
(a)(2); and 
(II) at which a threshold quan-
tity of a substance of concern is 
present. 
(B) EXISTING FACILITIES.— 
(i) IN
GENERAL.—Each facility de-
scribed in clause (ii) shall submit a petition 
to the Secretary for a determination on 
whether that facility should be designated 
as a chemical source not later than 180 
days after the later of— 
VerDate Aug 31 2005 
00:16 Mar 21, 2006
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4999.IH
H4999
hmoore on PROD1PC68 with HMBILLS
(I) the date of the promulgation 
of final regulations under subsection 
(a)(1); or 
(II) the date on which the 
threshold quantity of a substance of 
concern is first present at that facil-
ity. 
(ii) FACILITIES COVERED.—A facility 
described in this clause is a facility— 
(I) for which the owner or oper-
ator is not required to complete a risk 
management 
plan 
under 
section 
112(r)(7)(B)(ii) of the Clean Air Act 
(42 U.S.C. 7412(r)(7)(B)(ii)); 
(II) that is operational before the 
date of the promulgation of the final 
rules establishing criteria for desig-
nating chemical sources under sub-
section (a)(1); and 
(III) at which a threshold quan-
tity of a substance of concern is 
present. 
(C) CONSULTATION.—The Secretary, in 
consultation with the Administrator of the En-
vironmental Protection Agency, shall establish a 
VerDate Aug 31 2005 
00:16 Mar 21, 2006
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4999.IH
H4999
hmoore on PROD1PC68 with HMBILLS
mechanism for the Secretary to receive notice in 
a timely fashion of a facility required by the 
Administrator to complete a risk management 
plan in accordance with section 112(r)(7)(B)(ii) 
of 
the 
Clean 
Air 
Act 
(42 
U.S.C. 
7412(r)(7)(B)(ii)). 
(D) REGULATIONS.—The Secretary may 
promulgate regulations to carry out this para-
graph. 
(i) DESIGNATION, EXEMPTION, AND ADJUSTMENT 
OF THRESHOLD QUANTITIES OF SUBSTANCES OF CON-
CERN.— 
(1) IN GENERAL.—The Secretary may, by regu-
lation— 
(A) designate a chemical substance, in a 
particular threshold quantity, as a substance of 
concern under this Act; 
(B) exempt a chemical substance from des-
ignation as a substance of concern under this 
Act; and 
(C) establish or revise the threshold quan-
tity for a chemical substance to be designated 
a substance of concern. 
(2) CONSIDERATIONS.—In designating or ex-
empting a chemical substance or establishing or re-
VerDate Aug 31 2005 
00:16 Mar 21, 2006
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4999.IH
H4999
hmoore on PROD1PC68 with HMBILLS
vising the threshold quantity of a chemical substance 
under paragraph (1), the Secretary shall consider 
the potential extent of death, injury, or serious ad-
verse effects to human health and safety or the envi-
ronment and the potential impact on national secu-
rity, the economy, or critical infrastructure that 
would result from a terrorist incident involving the 
chemical substance. 
(3) REGULATIONS.—The Secretary may make a 
designation, exemption, or revision under paragraph 
(1) in the regulations promulgated under subsection 
(a)(1). 
SEC. 4. VULNERABILITY ASSESSMENTS, SITE SECURITY 
PLANS, AND EMERGENCY RESPONSE PLANS. 
(a) REQUIREMENT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall promulgate regulations that require the owner 
or operator of each chemical source— 
(A) to conduct a vulnerability assessment, 
evaluating the vulnerability of the chemical 
source to a terrorist incident; 
(B) to prepare and implement a site secu-
rity plan that addresses the risks identified in 
the vulnerability assessment; and 
VerDate Aug 31 2005 
00:16 Mar 21, 2006
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4999.IH
H4999
hmoore on PROD1PC68 with HMBILLS
(C) to prepare and implement an emer-
gency response plan or prepare and implement 
an addendum to an existing emergency re-
sponse plan to include response planning for a 
terrorist incident. 
(2) REGULATORY
CRITERIA.—The regulations 
promulgated under paragraph (1)— 
(A) shall be risk-based, performance based, 
and flexible; and 
(B) shall include consideration of— 
(i) the criteria established by the Sec-
retary under section 3(a)(1); 
(ii) cost and technical feasibility; and 
(iii) scale of operations. 
(3) CO-LOCATED
CHEMICAL
SOURCES.—The 
regulations promulgated under paragraph (1) shall 
permit the development and implementation of co-
ordinated vulnerability assessments, site security 
plans, and emergency response plans in any case in 
which more than 1 chemical source is operating at 
a single location or at contiguous locations, including 
cases in which a chemical source is under the control 
of more than 1 owner or operator. 
(4) SHARING OF THREAT INFORMATION.—To 
the maximum extent practicable under applicable au-
VerDate Aug 31 2005 
00:16 Mar 21, 2006
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4999.IH
H4999
hmoore on PROD1PC68 with HMBILLS