I 
108TH CONGRESS 
1ST SESSION H. R. 1861
To help protect the public against the threat of chemical attacks. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 29, 2003
Mr. PALLONE (for himself, Mr. MARKEY, Mr. BROWN of Ohio, Mr. HOLT, and 
Ms. JACKSON-LEE of Texas) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce 
A BILL 
To help protect the public against the threat of chemical 
attacks.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Chemical Security Act of 2003’’. 
(b) TABLE OF CONTENTS.—The table of contents is 
as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
Sec. 4. Designation of and requirements for high priority categories. 
Sec. 5. Disseminating information on inherently safer technologies. 
Sec. 6. Employee and first responder training. 
Sec. 7. Enforcement.
Sec. 8. Recordkeeping and entry. 
Sec. 9. Penalties. 
Sec. 10. No effect on requirements under other law. 
Sec. 11. Authorization of appropriations.
SEC. 2. FINDINGS. 
Congress finds that—
(1) the chemical industry is a crucial part of 
the critical infrastructure of the United States—
(A) in its own right; and 
(B) because that industry supplies re-
sources essential to the functioning of other 
critical infrastructures; 
(2) the possibility of terrorist and criminal at-
tacks on chemical sources (such as industrial facili-
ties) poses a serious threat to public health, safety, 
and welfare, critical infrastructure, national security, 
and the environment; 
(3) the possibility of theft of dangerous chemi-
cals from chemical sources for use in terrorist at-
tacks poses a further threat to public health, safety, 
and welfare, critical infrastructure, national security, 
and the environment; and 
(4) there are significant opportunities to pre-
vent theft from, and criminal attack on, chemical 
sources and reduce the harm that such acts would 
produce by—
(A)(i) reducing usage and storage of 
chemicals by changing production methods and 
processes; and 
(ii) employing inherently safer technologies 
in the manufacture, transport, and use of 
chemicals; 
(B) enhancing secondary containment and 
other existing mitigation measures; and 
(C) improving security. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CHEMICAL SOURCE.—The term ‘‘chemical 
source’’ means a stationary source (as defined in 
section 112(r)(2) of the Clean Air Act (42 U.S.C. 
7412(r)(2))) that contains a substance of concern. 
(3) COVERED SUBSTANCE OF CONCERN.—The 
term ‘‘covered substance of concern’’ means a sub-
stance of concern that, in combination with a chem-
ical source and other factors, is designated as a high 
priority category by the Administrator under section 
4(a)(1).
(4) 
EMPLOYEE.—The 
term 
‘‘employee’’ 
means—
(A) a duly recognized collective bargaining 
representative at a chemical source; or 
(B) in the absence of such a representa-
tive, other appropriate personnel. 
(5) FIRST
RESPONDER.—The term ‘‘first re-
sponder’’ includes firefighters and emergency med-
ical personnel. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Homeland Security. 
(7) SAFER DESIGN AND MAINTENANCE.—The 
term ‘‘safer design and maintenance’’ includes, with 
respect to a chemical source that is within a high 
priority category designated under section 4(a)(1), 
implementation, to the extent practicable, of the 
practices of—
(A) preventing or reducing the vulner-
ability of the chemical source to a release of a 
covered substance of concern through use of in-
herently safer technology; 
(B) reducing any vulnerability of the chem-
ical source to a release of a covered substance 
of concern that remains after the measures de-
scribed in subparagraph (A) through use of
well-maintained secondary containment, control, 
or mitigation equipment; and 
(C) reducing the potential consequences of 
any vulnerability of the chemical source to a re-
lease of a covered substance of concern through 
the use of buffer zones between the chemical 
source and surrounding populations (including 
buffer zones between the chemical source and 
residences, schools, hospitals, senior centers, 
shopping centers and malls, sports and enter-
tainment arenas, public roads and transpor-
tation routes, and other population centers). 
(8) SECURITY MEASURE.—
(A) IN
GENERAL.—The term ‘‘security 
measure’’ means an action carried out to in-
crease the security of a chemical source. 
(B) INCLUSIONS.—The term ‘‘security 
measure’’, with respect to a chemical source, in-
cludes—
(i) employee training and background 
checks; 
(ii) the limitation and prevention of 
access to controls of the chemical source; 
(iii) protection of the perimeter of the 
chemical source;
(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
result from an unauthorized release of a 
covered substance of concern; and 
(iii) prepare a prevention, prepared-
ness, and response plan that incorporates 
the results of those vulnerability and haz-
ard assessments. 
(B) ACTIONS AND PROCEDURES.—A pre-
vention, preparedness, and response plan re-
quired under subparagraph (A)(iii) shall in-
clude—
(i) actions and procedures, including 
safer design and maintenance of the chem-
ical source, to eliminate or significantly 
lessen the potential consequences of an un-
authorized release of a covered substance 
of concern; 
(ii) a specific numeric goal for the 
percent by which the size of the vulner-
ability zone, as measured by distance to an 
endpoint, will be reduced, relative to the 
size of the vulnerability zone reported in 
the offsite consequence analysis most re-
cently submitted pursuant to section 
112(r) of the Clean Air Act (42 U.S.C. 
7412(r));
(iii) such security measures as are 
necessary—
(I) to reduce vulnerability of the 
chemical source to release of a covered 
substance of concern until actions and 
procedures planned under subpara-
graph (B)(i) have been implemented; 
and 
(II) to reduce vulnerability of the 
chemical source to release of a covered 
substance of concern that remains 
after actions and procedures planned 
under subparagraph (B)(i) have been 
implemented; and 
(iv) for emergency response plans, an 
evaluation of the adequacy of evacuation 
plans for the population living within the 
vulnerability zone. 
(C) THREAT INFORMATION.—To the max-
imum extent permitted by applicable authorities 
and the interests of national security, the Sec-
retary, in consultation with the Administrator, 
shall provide owners and operators of chemical 
sources with threat information relevant to the
assessments and plans required under sub-
section (b). 
(4) REVIEW AND REVISIONS.—Not later than 5 
years after the date of promulgation of regulations 
under each of paragraphs (1) and (3), the Adminis-
trator, in consultation with the Secretary, shall re-
view the regulations and make any necessary revi-
sions. 
(5) ADDITION OF SUBSTANCES OF CONCERN.—
For the purpose of designating high priority cat-
egories under paragraph (1) or any subsequent revi-
sion of the regulations promulgated under paragraph 
(1), the Administrator, in consultation with the Sec-
retary, may designate additional substances that 
pose a serious threat as substances of concern. 
(b) CERTIFICATION.—
(1) VULNERABILITY
AND
HAZARD
ASSESS-
MENTS.—Not later than 1 year after the date of 
promulgation of regulations under subsection (a)(3), 
each owner and each operator of a chemical source 
that is within a high priority category designated 
under subsection (a)(1) shall—
(A) certify to the Administrator that the 
chemical source has conducted assessments in 
accordance with the regulations; and
(B) submit to the Administrator written 
copies of the assessments. 
(2) PREVENTION, PREPAREDNESS, AND
RE-
SPONSE
PLANS.—(A) Not later than 18 months 
after the date of promulgation of regulations under 
subsection (a)(3), the owner or operator shall certify 
to the Administrator that the chemical source has 
completed a prevention, preparedness, and response 
plan that incorporates the results of the assessments 
and complies with the regulations. 
(B) Such certification shall include—
(i) the goal for reducing the size of the vul-
nerability 
zone, 
described 
in 
section 
(a)(3)(B)(ii); 
(ii) a general description of each option 
considered, within each element of safer design 
and maintenance, in developing the prevention, 
preparedness, and response plans; 
(iii) a general description of each option 
selected for implementation; and 
(iv) for options not implemented, an indi-
cation of the reason(s). 
(3) 5-YEAR REVIEW.—Not later than 5 years 
after each of the dates of submission of a copy of 
an assessment under paragraph (1) and a plan
under paragraph (2), and not less often than every 
3 years thereafter, the owner or operator of the 
chemical source covered by the assessment or plan, 
in coordination with local law enforcement and first 
responders, shall—
(A) review the adequacy of the assessment 
or plan, as the case may be; and 
(B)(i) certify to the Administrator that the 
chemical source has completed the review; and 
(ii) as appropriate, submit to the Adminis-
trator any changes to the assessment or plan. 
(4) PROTECTION OF INFORMATION.—
(A) 
DISCLOSURE
EXEMPTION.—Except 
with respect to certifications specified in para-
graphs (1) through (3) of this subsection and 
section 5(a), all information provided to the Ad-
ministrator under this subsection, and all infor-
mation derived from that information, shall be 
exempt from disclosure under section 552 of 
title 5, United States Code. 
(B) DEVELOPMENT OF PROTOCOLS.—Not 
later than 1 year after the date of enactment of 
this Act, the Administrator, in consultation 
with the Secretary, shall develop such protocols 
as are necessary to protect the copies of the as-
sessments and plans required to be submitted 
under this subsection (including the information 
contained in those assessments and plans) from 
unauthorized disclosure. Such protocols shall 
ensure that—
(i) each copy of such assessment or 
plan, and all information contained in or 
derived from the assessment or plan, is 
kept in a secure location; 
(ii) only individuals designated by the 
Administrator may have access to the cop-
ies of the assessments or plans; and 
(iii) no copy of an assessment or plan, 
or part of an assessment or plan, or infor-
mation contained in or derived from an as-
sessment or plan shall be available to any-
one other than an individual designated by 
the Administrator. 
At the earliest possible time prior to 1 year 
after the date of enactment of this Act, the Ad-
ministrator shall complete the development of 
such protocols for the purpose of having them 
in place prior to receiving any assessment or 
plan.
(C) OFFICER
OR
EMPLOYEES
OF
THE 
U.S.—An individual referred to in paragraph 
(B)(ii) who is an officer or employee of the 
United States may discuss the contents of an 
assessment or plan with a State or local official. 
SEC. 5. DISSEMINATING INFORMATION ON INHERENTLY 
SAFER TECHNOLOGIES. 
(a) INHERENTLY SAFER TECHNOLOGIES CLEARING-
HOUSE.—
(1) AUTHORITY.—The Administrator shall es-
tablish a publicly available clearinghouse to compile 
and disseminate information on the use and avail-
ability of inherently safer technologies. 
(2) INCLUSIONS.—The clearinghouse shall in-
clude information on—
(A) general and specific types of inherently 
safer technologies; 
(B) combinations of covered sources and 
substances of concern for which the inherently 
safer technologies could be appropriate; 
(C) the scope of current use and avail-
ability of the technologies; 
(D) the costs and cost savings resulting 
from inherently safer technologies; 
(E) technological transfer;
(F) the availability of technical assistance; 
(G) business practices that enable or en-
courage inherently safer technologies; 
(H) current users of inherently safer tech-
nologies; and 
(I) such other information as the Adminis-
trator deems appropriate. 
(3) COLLECTION OF INFORMATION.—The Ad-
ministrator shall collect information for the clearing-
house—
(A) from documents submitted by owners 
or operators pursuant to this Act; 
(B) by surveying owners or operators who 
have de-registered their facilities from the re-
quirements of 40 CFR part 68; or 
(C) through such other methods as the Ad-
ministrator deems appropriate. 
(4) PUBLIC AVAILABILITY.—Information avail-
able publicly through the clearinghouse shall not 
identify specific facilities by name. 
(b) TECHNOLOGY TRANSITION FUND.—
(1) ESTABLISHMENT.—The Administrator and 
the Secretary of Energy shall establish and admin-
ister a fund to be known as the ‘‘Technology Transi-
tion Fund’’, consisting of the amount transferred to 
the Fund under paragraph (3)(A). 
(2) USE OF AMOUNTS IN FUND.—Amounts in 
the Fund established under paragraph(1) shall be 
used by the Administrator and the Secretary to pro-
vide grants to chemical facilities that demonstrate fi-
nancial hardship to assist those chemical facilities in 
implementing inherently safer technologies. 
(3) FUNDING.—
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, out of any funds in the 
Treasury not otherwise appropriated, the Sec-
retary of the Treasury shall transfer to the 
Fund, for use by the Secretary and the Admin-
istrator in carrying out this section, not later 
than 30 days after the date of enactment of 
this Act, such sums as are necessary. 
(B) RECEIPT AND ACCEPTANCE.—The Ad-
ministrator and Secretary shall be entitled to 
receive, shall accept, and shall use to carry out 
this subsection the funds transferred to the 
Fund under subparagraph (A), without further 
appropriation.
(C) AVAILABILITY
OF
FUNDS.—Funds 
transferred under subparagraph (A) shall re-
main available until expended. 
SEC. 6. EMPLOYEE AND FIRST RESPONDER TRAINING. 
(a) AUTHORITY.—The Administrator shall make 
grants to provide for training of first responders and of 
employees at chemical sources. 
(b) ADMINISTRATION.—The administrator may enter 
into agreements with the National Institute for Environ-
mental Health Sciences to administer grants made under 
this section. 
(c) PURPOSES.—Grants made under this subsection 
shall provide for training and education of first responders 
or employees at covered sources in— 
(1) identifying opportunities to reduce or sig-
nificantly eliminate the vulnerability of a chemical 
source to a release of a substance of concern 
through the use of inherently safer technologies; or 
(2) appropriate emergency response procedures. 
(d) GRANT RECIPIENTS.—Grants shall be awarded to 
nonprofit organizations which demonstrate experience in 
implementing and operating worker health and safety or 
first responder training and education programs. 
(e) FUNDING.—Notwithstanding any other provision 
of law, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer 
to the Fund, for use in carrying out this section, not later 
than 30 days after the date of enactment of this Act, such 
sums as are necessary. 
SEC. 7. ENFORCEMENT. 
(a) REVIEW OF PLANS.—
(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary, shall review each as-
sessment and plan submitted under section 4(b) to 
determine the compliance of the chemical source cov-
ered by the assessment or plan with regulations pro-
mulgated under paragraphs (1) and (3) of section 
4(a). 
(2) CERTIFICATION OF COMPLIANCE.—
(A) IN
GENERAL.—The Administrator 
shall certify in writing each determination of 
the Administrator under paragraph (1). 
(B) INCLUSIONS.—A certification of the 
Administrator shall include a checklist indi-
cating consideration by a chemical source of the 
use of 3 elements of safer design and mainte-
nance described in subparagraphs (A) through 
(C) of section 3(7). 
(C) EARLY COMPLIANCE.—
(i) IN GENERAL.—The Administrator, 
in consultation with the Secretary, shall—
(I) before the date of publication 
of proposed regulations under section 
4(a)(3), review each assessment or 
plan submitted to the Administrator 
under section 4(b); and 
(II) before the date of promulga-
tion of final regulations under section 
4(a)(3), determine whether each such 
assessment or plan meets the con-
sultation, planning, and assessment 
requirements applicable to high pri-
ority categories under section 4(a)(3). 
(ii) AFFIRMATIVE DETERMINATION.—
If the Administrator, in consultation with 
the Secretary, makes an affirmative deter-
mination under clause (i)(II), the Adminis-
trator shall certify compliance of an assess-
ment or plan described in that clause with-
out requiring any revision of the assess-
ment or plan. 
(D) SCHEDULE FOR REVIEW AND CERTIFI-
CATION.—
(i) IN GENERAL.—The Administrator, 
after taking into consideration the factors 
described in section 4(a)(2), shall establish 
a schedule for the review and certification 
of assessments and plans submitted under 
section 4(b). 
(ii) DEADLINE
FOR
COMPLETION.—
Not later than 3 years after the deadlines 
for the submission of assessments and 
plans under paragraph (1) or (2), respec-
tively, of section 4(b), the Administrator 
shall complete the review and certification 
of all assessments and plans submitted 
under those sections. 
(b) COMPLIANCE ASSISTANCE.—
(1) DEFINITION OF DETERMINATION.—In this 
subsection, the term ‘‘determination’’ means a deter-
mination by the Administrator that, with respect to 
an assessment or plan described in section 4(b)—
(A) the assessment or plan does not com-
ply with regulations promulgated under para-
graphs (1) and (3) of section 4(a); or 
(B)(i) a threat exists beyond the scope of 
the submitted plan; or
(ii) current implementation of the plan is 
insufficient to address—
(I) the results of an assessment of a 
source; or 
(II) a threat described in clause (i). 
(2) DETERMINATION
BY
ADMINISTRATOR.—If 
the Administrator, after consultation with the Sec-
retary, makes a determination, the Administrator 
shall—
(A) notify the chemical source of the deter-
mination; and 
(B) provide such advice and technical as-
sistance, in coordination with the Secretary and 
the United States Chemical Safety and Hazard 
Investigation Board, as is appropriate—
(i) to bring the assessment or plan of 
a chemical source described in section 4(b) 
into compliance; or 
(ii) to address any threat described in 
clause (i) or (ii) of paragraph (1)(B). 
(c) COMPLIANCE ORDERS.—
(1) IN GENERAL.—If, after the date that is 30 
days after the later of the date on which the Admin-
istrator first provides assistance, or a chemical 
source receives notice, under subsection (b)(2)(B), a
chemical source has not brought an assessment or 
plan for which the assistance is provided into com-
pliance with regulations promulgated under para-
graphs (1) and (3) of section 4(a), or the chemical 
source has not complied with an entry or informa-
tion request under section 6, the Administrator may 
issue an order directing compliance by the chemical 
source. 
(2) NOTICE
AND
OPPORTUNITY
FOR
HEAR-
ING.—An order under paragraph (1) may be issued 
only after notice and opportunity for a hearing. 
(d) ABATEMENT ACTION.—
(1) IN
GENERAL.—Notwithstanding a certifi-
cation under section 5(a)(2), if the Secretary, in 
consultation with local law enforcement officials and 
first responders, determines that a threat of a ter-
rorist attack exists that is beyond the scope of a 
submitted prevention, preparedness, and response 
plan of 1 or more chemical sources, or current im-
plementation of the plan is insufficient to address 
the results of an assessment of a source or a threat 
described in subsection (b)(1)(B)(i), the Secretary 
shall notify each chemical source of the elevated 
threat.
(2) INSUFFICIENT RESPONSE.—If the Secretary 
determines that a chemical source has not taken ap-
propriate action in response to a notification under 
paragraph (1), the Secretary shall notify the chem-
ical source, the Administrator, and the Attorney 
General that actions taken by the chemical source in 
response to the notification are insufficient. 
(3) RELIEF.—
(A) IN GENERAL.—On receipt of a notifi-
cation under paragraph (2), the Administrator 
or the Attorney General may secure such relief 
as is necessary to abate a threat described in 
paragraph (1), including such orders as are 
necessary to protect public health or welfare. 
(B) JURISDICTION.—The district court of 
the United States for the district in which a 
threat described in paragraph (1) occurs shall 
have jurisdiction to grant such relief as the Ad-
ministrator or Attorney General requests under 
subparagraph (A). 
SEC. 8. RECORDKEEPING AND ENTRY. 
(a) RECORDS MAINTENANCE.—A chemical source 
that is required to certify to the Administrator assess-
ments and plans under section 4 shall maintain on the
premises of the chemical source a current copy of those 
assessments and plans. 
(b) RIGHT OF ENTRY.—In carrying out this Act, the 
Administrator (or an authorized representative of the Ad-
ministrator), on presentation of credentials— 
(1) shall have a right of entry to, on, or 
through any premises of an owner or operator of a 
chemical source described in subsection (a) or any 
premises in which any records required to be main-
tained under subsection (a) are located; and 
(2) may at reasonable times have access to, and 
may copy, any records, reports, or other information 
described in subsection (a). 
(c) INFORMATION REQUESTS.—In carrying out this 
Act, the Administrator may require any chemical source 
to provide such information as is necessary to—
(1) enforce this Act; and 
(2) promulgate or enforce regulations under 
this Act. 
SEC. 9. PENALTIES. 
(a) CIVIL PENALTIES.—Any owner or operator of a 
chemical source that violates, or fails to comply with, any 
order issued may, in an action brought in United States 
district court, be subject to a civil penalty of not more