[106th Congress Public Law 40]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ040.106]
[[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
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.--
`` <<NOTE: Deadline.>> (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).
[[Page 113 STAT. 212]]
``(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.--
`` <<NOTE: Deadline.>> (I) In
general.--Not later than 3 years after
the date of enactment of this
subparagraph, the Attorney General, in
consultation with appropriate State,
local, and Federal Government agencies,
affected industry, and the public, shall
submit to Congress a report that
describes the extent to which
regulations promulgated under this
paragraph have resulted in actions,
including the design and maintenance of
safe facilities, that are effective in
detecting, preventing, and minimizing
the consequences of releases of
regulated substances that may be caused
by criminal activity. As part of this
report, the Attorney General, using
available data to the extent possible,
and a sampling of covered stationary
sources selected at the discretion of
the Attorney General, and in
consultation with appropriate State,
local, and Federal governmental
agencies, affected industry, and the
public, shall review the vulnerability
of covered stationary sources to
criminal and terrorist activity, current
industry practices regarding site
security, and security of transportation
of regulated substances. The Attorney
General shall submit this report,
containing the results of the review,
together with recommendations, if any,
for reducing vulnerability of covered
stationary sources to criminal and
terrorist activity, to the Committee on
Commerce of the United States House of
Representatives and the Committee on
Environment and Public Works of the
United States Senate and other relevant
committees of Congress.
`` <<NOTE: Deadline.>> (II) Interim
report.--Not later than 12 months after
the date of enactment of this
subparagraph, the Attorney General shall
submit to the Committee on Commerce of
the United States House of
Representatives and the Committee on
Environment and Public Works of the
United States Senate, and other relevant
committees of Congress, an interim
report that includes, at a minimum--
``(aa) the preliminary
findings under subclause (I);
``(bb) the methods used to
develop the findings; and
``(cc) an explanation of the
activities expected to occur
that could cause the findings of
the report under subclause (I)
to be different than the
preliminary findings.
[[Page 113 STAT. 213]]
``(III) Availability of
information.--Information that is
developed by the Attorney General or
requested by the Attorney General and
received from a covered stationary
source for the purpose of conducting the
review under subclauses (I) and (II)
shall be exempt from disclosure under
section 552 of title 5, United States
Code, if such information would pose a
threat to national security.
``(xii) Scope.--This subparagraph--
``(I) applies only to covered
persons; and
``(II) does not restrict the
dissemination of off-site consequence
analysis information by any covered
person in any manner or form except in
the form of a risk management plan or an
electronic data base created by the
Administrator from off-site consequence
analysis information.
``(xiii) Authorization of appropriations.--
There are authorized to be appropriated to the
Administrator and the Attorney General such sums
as are necessary to carry out this subparagraph
(including the regulations promulgated under
clause (ii)), to remain available until
expended.''.
<<NOTE: 42 USC 7412 note.>> (b) Reports.--
(1) Definition of accidental release.--In this subsection,
the term ``accidental release'' has the meaning given the term
in section 112(r)(2) of the Clean Air Act (42 U.S.C.
7412(r)(2)).
(2) Report <<NOTE: Deadline.>> on status of certain
amendments.--Not later than 2 years after the date of enactment
of this Act, the Comptroller General of the United States shall
submit to Congress a report on the status of the development of
amendments to the National Fire Protection Association Code for
Liquefied Petroleum Gas that will result in the provision of
information to local emergency response personnel concerning the
off-site effects of accidental releases of substances exempted
from listing under section 112(r)(4)(B) of the Clean Air Act (as
added by section 3).
(3) Report <<NOTE: Deadline.>> on compliance with certain
information submission requirements.--Not later than 3 years
after the date of enactment of this Act, the Comptroller General
of the United States shall submit to Congress a report that--
(A) describes the level of compliance with Federal
and State requirements relating to the submission to
local emergency response personnel of information
intended to help the local emergency response personnel
respond to chemical accidents or related environmental
or public health threats; and
(B) contains an analysis of the adequacy of the
information required to be submitted and the efficacy of
the methods for delivering the information to local
emergency response personnel.
(c) Reevaluation <<NOTE: President. Deadline. 42 USC 7412 note.>> of
Regulations.--The President shall reevaluate the regulations promulgated
under this section within 6 years after the enactment of this Act. If
the President determines not to modify such regulations, the President
shall publish a notice in the Federal Register stating that such
reevaluation has been
[[Page 113 STAT. 214]]
completed and that a determination has been made not to modify the
regulations. Such notice shall include an explanation of the basis of
such decision.
SEC. 4. <<NOTE: 42 USC 7412 note.>> PUBLIC MEETING DURING MORATORIUM
PERIOD.
(a) In <<NOTE: Deadline.>> General.--Not later than 180 days after
the date of enactment of this Act, each owner or operator of a
stationary source covered by section 112(r)(7)(B)(ii) of the Clean Air
Act shall convene a public meeting, after reasonable public notice, in
order to describe and discuss the local implications of the risk
management plan submitted by the stationary source pursuant to section
112(r)(7)(B)(iii) of the Clean Air Act, including a summary of the off-
site consequence analysis portion of the plan. Two or more stationary
sources may conduct a joint meeting. In lieu of conducting such a
meeting, small business stationary sources as defined in section
507(c)(1) of the Clean Air Act may comply with this section by publicly
posting a summary of the off-site consequence analysis information for
their facility not later than 180 days after the enactment of this
Act. <<NOTE: Certification.>> Not later than 10 months after the date of
enactment of this Act, each such owner or operator shall send a
certification to the director of the Federal Bureau of Investigation
stating that such meeting has been held, or that such summary has been
posted, within 1 year prior to, or within 6 months after, the date of
the enactment of this Act. This section shall not apply to sources that
employ only Program 1 processes within the meaning of regulations
promulgated under section 112(r)(7)(B)(i) of the Clean Air Act.
(b) Enforcement.--The Administrator of the Environmental Protection
Agency may bring an action in the appropriate United States district
court against any person who fails or refuses to comply with the
requirements of this section, and such court may issue such orders, and
take such other actions, as may be necessary to require compliance with
such requirements.
Approved Aug. 5, 1999.
LEGISLATIVE HISTORY--S. 880:
---------------------------------------------------------------------------
SENATE REPORTS: No. 106-70 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 145 (1999):
June 23, considered and passed Senate.
July 21, considered and passed House, amended.
Aug. 2, Senate concurred in House amendments.
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