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Pub.L. 106-041 To direct the Secretary of Agriculture to complete a land exchange with Georgia Power Company. <> ...


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[[Page 113 STAT. 207]]

Public Law 106-40
106th Congress

                                 An Act


 
To <<NOTE: Aug. 5, 1999 -  [S. 880]>> amend the Clean Air Act to remove 
   flammable fuels from the list of substances with respect to which 
 reporting and other activities are required under the risk management 
                  plan program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Chemical Safety 
Information, Site Security and Fuels Regulatory Relief Act. 42 USC 7401 
note.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Safety Information, Site 
Security and Fuels Regulatory Relief Act''.
SEC. 2. REMOVAL OF PROPANE SOLD BY RETAILERS AND OTHER FLAMMABLE 
                    FUELS FROM RISK MANAGEMENT LIST.

    Section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is amended--
            (1) by redesignating subparagraphs (A) through (C) of 
        paragraph (4) as clauses (i) through (iii), respectively, and 
        indenting appropriately;
            (2) by striking in paragraph (4) ``Administrator shall 
        consider each of the following criteria--'' and inserting the 
        following: ``Administrator--
                    ``(A) shall consider--'';
            (3) in subparagraph (A)(iii) (as designated by paragraphs 
        (1) and (2)), of paragraph (4) by striking the period at the end 
        and inserting ``; and'';
            (4) by adding at the end of paragraph (4) the following:
                    ``(B) shall not list a flammable substance when used 
                as a fuel or held for sale as a fuel at a retail 
                facility under this subsection solely because of the 
                explosive or flammable properties of the substance, 
                unless a fire or explosion caused by the substance will 
                result in acute adverse health effects from human 
                exposure to the substance, including the unburned fuel 
                or its combustion byproducts, other than those caused by 
                the heat of the fire or impact of the explosion.''; and
            (5) by inserting the following new subparagraph at the end 
        of paragraph (2):
                    ``(D) The term `retail facility' means a stationary 
                source at which more than one-half of the income is 
                obtained from direct sales to end users or at which more 
                than one-half of the fuel sold, by volume, is sold 
                through a cylinder exchange program.''.

[[Page 113 STAT. 208]]

SEC. 3. PUBLIC ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS 
                    INFORMATION.

    (a) In General.--Section 112(r)(7) of the Clean Air Act (42 U.S.C. 
7412(r)(7)) is amended by adding at the end the following:
                    ``(H) Public access to off-site consequence analysis 
                information.--
                          ``(i) Definitions.--In this subparagraph:
                                    ``(I) Covered person.--The term 
                                `covered person' means--
                                            ``(aa) an officer or 
                                        employee of the United States;
                                            ``(bb) an officer or 
                                        employee of an agent or 
                                        contractor of the Federal 
                                        Government;
                                            ``(cc) an officer or 
                                        employee of a State or local 
                                        government;
                                            ``(dd) an officer or 
                                        employee of an agent or 
                                        contractor of a State or local 
                                        government;
                                            ``(ee) an individual 
                                        affiliated with an entity that 
                                        has been given, by a State or 
                                        local government, responsibility 
                                        for preventing, planning for, or 
                                        responding to accidental 
                                        releases;
                                            ``(ff) an officer or 
                                        employee or an agent or 
                                        contractor of an entity 
                                        described in item (ee); and
                                            ``(gg) a qualified 
                                        researcher under clause (vii).
                                    ``(II) Official use.--The term 
                                `official use' means an action of a 
                                Federal, State, or local government 
                                agency or an entity referred to in 
                                subclause (I)(ee) intended to carry out 
                                a function relevant to preventing, 
                                planning for, or responding to 
                                accidental releases.
                                    ``(III) Off-site consequence 
                                analysis information.--The term `off-
                                site consequence analysis information' 
                                means those portions of a risk 
                                management plan, excluding the executive 
                                summary of the plan, consisting of an 
                                evaluation of 1 or more worst-case 
                                release scenarios or alternative release 
                                scenarios, and any electronic data base 
                                created by the Administrator from those 
                                portions.
                                    ``(IV) Risk management plan.--The 
                                term `risk management plan' means a risk 
                                management plan submitted to the 
                                Administrator by an owner or operator of 
                                a stationary source under subparagraph 
                                (B)(iii).
                          `` <<NOTE: Deadline. President.>> (ii) 
                      Regulations.--Not later than 1 year after the date 
                      of enactment of this subparagraph, the President 
                      shall--
                                    ``(I) assess--
                                            ``(aa) the increased risk of 
                                        terrorist and other criminal 
                                        activity associated with the 
                                        posting of off-site consequence 
                                        analysis information on the 
                                        Internet; and
                                            ``(bb) the incentives 
                                        created by public disclosure of 
                                        off-site consequence analysis

[[Page 113 STAT. 209]]

                                        information for reduction in the 
                                        risk of accidental releases; and
                                    ``(II) based on the assessment under 
                                subclause (I), promulgate regulations 
                                governing the distribution of off-site 
                                consequence analysis information in a 
                                manner that, in the opinion of the 
                                President, minimizes the likelihood of 
                                accidental releases and the risk 
                                described in subclause (I)(aa) and the 
                                likelihood of harm to public health and 
                                welfare, and--
                                            ``(aa) allows access by any 
                                        member of the public to paper 
                                        copies of off-site consequence 
                                        analysis information for a 
                                        limited number of stationary 
                                        sources located anywhere in the 
                                        United States, without any 
                                        geographical restriction;
                                            ``(bb) allows other public 
                                        access to off-site consequence 
                                        analysis information as 
                                        appropriate;
                                            ``(cc) allows access for 
                                        official use by a covered person 
                                        described in any of items (cc) 
                                        through (ff) of clause (i)(I) 
                                        (referred to in this subclause 
                                        as a `State or local covered 
                                        person') to off-site consequence 
                                        analysis information relating to 
                                        stationary sources located in 
                                        the person's State;
                                            ``(dd) allows a State or 
                                        local covered person to provide, 
                                        for official use, off-site 
                                        consequence analysis information 
                                        relating to stationary sources 
                                        located in the person's State to 
                                        a State or local covered person 
                                        in a contiguous State; and
                                            ``(ee) allows a State or 
                                        local covered person to obtain 
                                        for official use, by request to 
                                        the Administrator, off-site 
                                        consequence analysis information 
                                        that is not available to the 
                                        person under item (cc).
                          ``(iii) Availability under freedom of 
                      information act.--
                                    ``(I) First year.--Off-site 
                                consequence analysis information, and 
                                any ranking of stationary sources 
                                derived from the information, shall not 
                                be made available under section 552 of 
                                title 5, United States Code, during the 
                                1-year period beginning on the date of 
                                enactment of this subparagraph.
                                    ``(II) After first year.--If the 
                                regulations under clause (ii) are 
                                promulgated on or before the end of the 
                                period described in subclause (I), off-
                                site consequence analysis information 
                                covered by the regulations, and any 
                                ranking of stationary sources derived 
                                from the information, shall not be made 
                                available under section 552 of title 5, 
                                United States Code, after the end of 
                                that period.
                                    ``(III) Applicability.--Subclauses 
                                (I) and (II) apply to off-site 
                                consequence analysis information 
                                submitted to the Administrator before, 
                                on, or after the date of enactment of 
                                this subparagraph.

[[Page 113 STAT. 210]]

                          ``(iv) Availability of information during 
                      transition period.--The Administrator shall make 
                      off-site consequence analysis information 
                      available to covered persons for official use in a 
                      manner that meets the requirements of items (cc) 
                      through (ee) of clause (ii)(II), and to the public 
                      in a form that does not make available any 
                      information concerning the identity or location of 
                      stationary sources, during the period--
                                    ``(I) beginning on the date of 
                                enactment of this subparagraph; and
                                    ``(II) ending on the earlier of the 
                                date of promulgation of the regulations 
                                under clause (ii) or the date that is 1 
                                year after the date of enactment of this 
                                subparagraph.
                          ``(v) Prohibition on unauthorized disclosure 
                      of information by covered persons.--
                                    `` <<NOTE: Effective date.>> (I) In 
                                general.--Beginning on the date of 
                                enactment of this subparagraph, a 
                                covered person shall not disclose to the 
                                public off-site consequence analysis 
                                information in any form, or any 
                                statewide or national ranking of 
                                identified stationary sources derived 
                                from such information, except as 
                                authorized by this subparagraph 
                                (including the regulations promulgated 
                                under clause (ii)). After the end of the 
                                1-year period beginning on the date of 
                                enactment of this subparagraph, if 
                                regulations have not been promulgated 
                                under clause (ii), the preceding 
                                sentence shall not apply.
                                    ``(II) Criminal penalties.--
                                Notwithstanding section 113, a covered 
                                person that willfully violates a 
                                restriction or prohibition established 
                                by this subparagraph (including the 
                                regulations promulgated under clause 
                                (ii)) shall, upon conviction, be fined 
                                for an infraction under section 3571 of 
                                title 18, United States Code, (but shall 
                                not be subject to imprisonment) for each 
                                unauthorized disclosure of off-site 
                                consequence analysis information, except 
                                that subsection (d) of such section 3571 
                                shall not apply to a case in which the 
                                offense results in pecuniary loss unless 
                                the defendant knew that such loss would 
                                occur. The disclosure of off-site 
                                consequence analysis information for 
                                each specific stationary source shall be 
                                considered a separate offense. The total 
                                of all penalties that may be imposed on 
                                a single person or organization under 
                                this item shall not exceed $1,000,000 
                                for violations committed during any 1 
                                calendar year.
                                    ``(III) Applicability.--If the owner 
                                or operator of a stationary source makes 
                                off-site consequence analysis 
                                information relating to that stationary 
                                source available to the public without 
                                restriction--
                                            ``(aa) subclauses (I) and 
                                        (II) shall not apply with 
                                        respect to the information; and
                                            
                                        `` <<NOTE: Notification.>> (bb) 
                                        the owner or operator shall 
                                        notify the Administrator of the 
                                        public availability of the 
                                        information.

[[Page 113 STAT. 211]]

                                    ``(IV) List.--The Administrator 
                                shall maintain and make publicly 
                                available a list of all stationary 
                                sources that have provided notification 

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