General Duty Clarification Act of 2015

Bill: 114-s-88
Sponsor: full_name: Sen. Vitter, David [R-LA]
Introduced: 2015-01-07
Policy area: Environmental Protection
Subjects: Accidents

Administrative law and regulatory procedures

Air quality

Environmental Protection Agency (EPA)

Environmental regulatory procedures

Hazardous wastes and toxic substances
Latest action: action_date: 2015-01-07
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2015-01-07
action_desc: Introduced in Senate
text: <p><b>General Duty Clarification Act of 2015</b></p> <p>This bill amends the Clean Air Act to revise the general duty clause, which addresses the prevention of accidental releases of hazardous air substances. The Environmental Protection Agency (EPA) must: (1) promulgate regulations defining the terms "extremely hazardous substance," "appropriate hazard assessment techniques," and "design and maintain a safe facility"; and (2) issue guidelines to ensure enforcement of those provisions by EPA's regional offices in a uniform and appropriate manner across all regions of the United States. (The general duty clause requires owners and operators of stationary sources that produce, process, handle, or store hazardous substances to identify those substances at their facilities and take the necessary steps to prevent and minimize accidental releases of those substances.)</p> <p>This bill excludes an emission resulting from an act intended to cause harm from the definition of &quot;accidental release.&quot; Under the revised definition, the EPA may not use the general duty clause to regulate accidental release due to terrorist attacks.</p> <p>In exercising its authority under the clause, the EPA is prohibited from requiring a stationary source to consider or implement particular designs, approaches, or technologies relating to manufacturing, processing, handling, or storage of hazardous substances.</p>

tv_txt: II 114th CONGRESS 1st Session S. 88 IN THE SENATE OF THE UNITED STATES January 7, 2015 Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act to clarify the definition of accidental release, and for other purposes.

1. Short title This Act may be cited as the General Duty Clarification Act of 2015 . 2. Prevention of accidental releases Section 112(r) of the Clean Air Act ( 42 U.S.C. 7412(r) ) is amended— (1) in paragraph (1)— (A) by striking It shall be the objective and inserting the following: (A) In general It shall be the objective ; and (B) by adding at the end the following: (B) Regulations (i) In general Not later than 12 months after the date of enactment of the General Duty Clarification Act of 2015 , the Administrator shall promulgate regulations defining the terms extremely hazardous substance , appropriate hazard assessment techniques , and design and maintain a safe facility as used in this subsection. (ii) Uniformity Not later than 18 months after the date of enactment of the General Duty Clarification Act of 2015 , the Administrator shall issue guidelines to ensure that this paragraph is enforced by the regional offices of the Environmental Protection Agency in a uniform and appropriate manner across all regions of the United States. ; (2) in paragraph (2)(A), by inserting , other than an emission resulting from an act intended to cause harm before the period at the end; and (3) by adding at the end the following: (12) Designs, approaches, or technologies In exercising any authority under this subsection, the Administrator shall not, directly or indirectly, impose any obligation on any owner or operator of any stationary source to consider or implement particular designs, approaches, or technologies relating to manufacturing, processing, handling, or storage. .