Home > 106th Congressional Bills > S. 880 (es) To 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. [Engrossed in Senate] ...

S. 880 (es) To 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. [Engrossed in Senate] ...


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        S.880

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine


                                 An Act


 
 To 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,

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.''.
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).

                ``(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 
                    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.

                ``(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.--

                    ``(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
                        ``(bb) the owner or operator shall notify the 
                    Administrator of the public availability of the 
                    information.

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

                ``(vi) Notice.--The Administrator shall provide notice 
            of the definition of official use as provided in clause 
            (i)(III) and examples of actions that would and would not 
            meet that definition, and notice of the restrictions on 
            further dissemination and the penalties established by this 
            Act to each covered person who receives off-site 
            consequence analysis information under clause (iv) and each 
            covered person who receives off-site consequence analysis 
            information for an official use under the regulations 
            promulgated under clause (ii).
                ``(vii) Qualified researchers.--

                    ``(I) In general.--Not later than 180 days after 
                the date of enactment of this subparagraph, the 
                Administrator, in consultation with the Attorney 
                General, shall develop and implement a system for 
                providing off-site consequence analysis information, 
                including facility identification, to any qualified 
                researcher, including a qualified researcher from 
                industry or any public interest group.
                    ``(II) Limitation on dissemination.--The system 
                shall not allow the researcher to disseminate, or make 
                available on the Internet, the off-site consequence 
                analysis information, or any portion of the off-site 
                consequence analysis information, received under this 
                clause.

                ``(viii) Read-only information technology system.--In 
            consultation with the Attorney General and the heads of 
            other appropriate Federal agencies, the Administrator shall 
            establish an information technology system that provides 
            for the availability to the public of off-site consequence 
            analysis information by means of a central data base under 
            the control of the Federal Government that contains 
            information that users may read, but that provides no means 
            by which an electronic or mechanical copy of the 
            information may be made.
                ``(ix) Voluntary industry accident prevention 
            standards.--The Environmental Protection Agency, the 
            Department of Justice, and other appropriate agencies may 
            provide technical assistance to owners and operators of 
            stationary sources and participate in the development of 
            voluntary industry standards that will help achieve the 
            objectives set forth in paragraph (1).
                ``(x) Effect on state or local law.--

                    ``(I) In general.--Subject to subclause (II), this 
                subparagraph (including the regulations promulgated 
                under this subparagraph) shall supersede any provision 
                of State or local law that is inconsistent with this 
                subparagraph (including the regulations).
                    ``(II) Availability of information under state 
                law.--Nothing in this subparagraph precludes a State 
                from making available data on the off-site consequences 
                of chemical releases collected in accordance with State 
                law.

                ``(xi) Report.--

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