I
106TH CONGRESS
1ST SESSION
H. R. 1790
To provide for public disclosure of accidental release scenario information
in risk management plans, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 13, 1999
Mr. BLILEY (by request) introduced the following bill; which was referred to
the Committee on Commerce, and in addition to the Committees on Gov-
ernment Reform, and the Judiciary, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To provide for public disclosure of accidental release scenario
information in risk management plans, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Chemical Safety Infor-
mation and Site Security Act of 1999’’.
SEC. 2. PUBLIC AVAILABILITY OF ANALYSIS.
(a) DEFINITIONS.—
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(2) RISK MANAGEMENT PLAN.—The term ‘‘risk
management plan’’ means a risk management plan
submitted by an owner or operator of a stationary
source pursuant to section 112(r)(7)(B) of the Clean
Air Act.
(3) OFF-SITE CONSEQUENCE ANALYSIS INFOR-
MATION.—The term ‘‘off-site consequence analysis
information’’ means those portions of a risk manage-
ment plan, excluding the executive summary of such
plan, consisting of an evaluation of one or more
worst-case scenario or alternative scenario accidental
releases of extremely hazardous substances listed
pursuant to section 112(r)(3) of the Clean Air Act.
(4) STATE.—The term ‘‘State’’ means a State,
the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, and Indian tribes as defined in section
102(2) of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 479a(2)).
(b) EXEMPTION FROM FREEDOM OF INFORMATION
ACT.—Off-site consequence analysis information or infor-
(5) Notwithstanding any provision of State or
local law, and except as provided in subsection (e)(2)
of this section, an officer or employee of a State or
local government may make off-site consequence
analysis information available only to the extent offi-
cers or employees of the United States would be per-
mitted to make such information available, con-
sistent with the guidance and any regulations issued
pursuant to this section, except that a State or local
government officer or employee may only make
available such information that concerns stationary
sources located in the State in which the officer or
employee serves.
(6) The Administrator shall ensure that every
risk management plan submitted to the Environ-
mental Protection Agency is available in paper or
electronic form for public inspection, but not copy-
ing, during normal business hours, including in Gov-
ernment Printing Office depository libraries. For
purposes of this paragraph, the Administrator may
make risk management plans available in electronic
form only if the electronic form does not provide an
electronic means of ranking stationary sources based
on off-site consequence analysis information. The
Government Printing Office shall assist the Adminis-
trator in implementing this paragraph. There are
authorized to be appropriated to the Administrator
and to the Government Printing Office such sums
as may be necessary, to be available until expended,
to carry out this paragraph.
(7) After consulting with other appropriate
Federal agencies, the Administrator may make off-
site consequence analysis information available to
the public in an electronic form that does not in-
clude information concerning the identity or the lo-
cation of the stationary sources for which the infor-
mation was submitted. No other officer or employee
of the United States, nor any officer or employee of
a State or local government, may make off-site con-
sequence analysis information available to the public
in such form except as authorized by the Adminis-
trator.
(8) Any officer or employee of the United
States, or any officer or employee of a State or local
government, who knowingly violates a restriction or
prohibition established by this subsection shall be
fined under section 3571 of title 18, United States
Code, imprisoned for not more than one year, or
both.
(9) The Administrator may collect and main-
tain records that reflect the identity of individuals
and persons seeking access to information under this
section only to the extent that such collection and
maintenance is relevant and necessary to accomplish
a legal purpose of the Environmental Protection
Agency that is required to be accomplished by stat-
ute or by executive order of the President. Any such
records shall be subject to section 552a of title 5,
United States Code. An officer or employee of a
State or local government may collect and maintain
records identifying individuals and persons seeking
access to information under this section only to the
extent that such collection and maintenance is rel-
evant and necessary to accomplish a legal purpose of
their employing agency that is required to be accom-
plished by State statute.
(d) IMPLEMENTING GUIDANCE AND ADDITIONAL AU-
THORITIES.—
(1) Within 60 days of the enactment of this
provision, the Administrator shall issue guidance set-
ting forth procedures and methods for making off-
site consequence analysis information available to
the public consistent with the provisions of this sec-
tion. The Administrator shall consult with other ap-
propriate Federal agencies in developing the guid-
ance. The Administrator may revise such guidance,
as circumstances warrant, in consultation with the
appropriate Federal agencies. Guidance issued pur-
suant to this subsection, and any revision thereof,
shall not be subject to judicial review. The Adminis-
trator may issue regulations in place of such guid-
ance to the extent the Administrator deems appro-
priate.
(2) The Administrator is authorized to pre-
scribe such regulations as are necessary to carry out
the Administrator’s functions under this section.
The Administrator may delegate to any officer or
employee of the Environmental Protection Agency
such of the Administrator’s powers or duties under
this section as the Administrator may deem nec-
essary or expedient. Regulations issued pursuant to
this subsection shall be subject to judicial review to
the same extent and in the same manner as regula-
tions issued pursuant to section 112(r)(7) of the
Clean Air Act.
(e) AGENTS AND CONTRACTORS.—
(1) An officer or employee of the United States
may make off-site consequence analysis information
available in any form to officers and employees of
agents and contractors of a Federal Government of-
fice only for official use. For purposes of this sec-
tion, such officers and employees of agents and con-
tractors shall be treated as officers and employees of
the United States and shall be subject to the same
restrictions and sanctions as apply to officers and
employees of the United States under this section.
(2) An officer or employee of a State or local
government may make off-site consequence analysis
information available in any form to officers and em-
ployees of agents and contractors of the State or
local government only for official use. For purposes
of this section, such officers and employees of agents
and contractors shall be treated as officers and em-
ployees of the State or local government and shall be
subject to the same restrictions and sanctions as
apply to officers and employees of the State or local
government under this section.
(f) ORDER AUTHORITY.—The Administrator may ex-
ercise the authority provided under section 112(r)(9) of
the Clean Air Act to withhold, or prevent the release of,
off-site consequence analysis information when the Admin-
istrator determines that release of such information may
present an imminent and substantial endangerment to
human health or welfare or the environment.
(g) SEPARABILITY OF PROVISIONS.—If any provision
of this section is held invalid, the remainder of this section
shall not be affected thereby.
SEC. 3. SITE SECURITY STUDY AND RECOMMENDATIONS.
Subject to the availability of appropriations, the At-
torney General, utilizing available data to the extent pos-
sible and in consultation with appropriate governmental
agencies, affected industry, and the public, may review
current industry practices regarding site security and the
effectiveness of this Act. The Attorney General may peri-
odically report to Congress regarding recommendations re-
lated to enhancing site security practices and the need for
continued implementation or modification of this Act.
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