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limited to, the following -
(A) the techniques used for estimating and describing
the carcinogenic potency to humans of hazardous air
pollutants; and
(B) the techniques used for estimating exposure to
hazardous air pollutants (for hypothetical and actual
maximally exposed individuals as well as other exposed
individuals).
(3) Other health effects of concern.- To the extent
practicable, the Academy shall evaluate and report on the
methodology for assessing the risk of adverse human health
82
effects other than cancer for which safe thresholds of exposure
may not exist, including, but not limited to, inheritable
genetic mutations, birth defects, and reproductive
dysfunctions. (4) Report.- A report on the results of such
review shall be submitted to the Senate Committee on
Environment and Public Works, the House Committee on Energy and
Commerce, the Risk Assessment and Management Commission
established by section 303 of the Clean Air Act Amendments of
1990 and the Administrator not later than 30 months after the
date of enactment of the Clean Air Act Amendments of 1990.
(5) Assistance.- The Administrator shall assist the Academy
in gathering any information the Academy deems necessary to
carry out this subsection. The Administrator may use any
authority under this Act to obtain information from any person,
and to require any person to conduct tests, keep and produce
records, and make reports respecting research or other activi-
ties conducted by such person as necessary to carry out this
subsection.
(6) Authorization.- Of the funds authorized to be
appropriated to the Administrator by this Act, such amounts as
are required shall be available to carry out this subsection.
(7) Guidelines for carcinogenic risk assessment.- The
Administrator shall consider, but need not adopt, the recommen-
dations contained in the report of the National Academy of
Sciences prepared pursuant to this subsection and the views of
the Science Advisory Board, with respect to such report. Prior
to the promulgation of any standard under subsection (f), and
after notice and opportunity for comment, the Administrator
shall publish revised Guidelines for Carcinogenic Risk Assess-
ment or a detailed explanation of the reasons that any
recommendations contained in the report of the National Academy
of Sciences will not be implemented. The publication of such
revised Guidelines shall be a final Agency action for purposes
of section 307.
(p) Mickey Leland Urban Air Toxics Research Center.-
(1) Establishment.- The Administrator shall oversee the
establishment of a National Urban Air Toxics Research Center,
to be located at a university, a hospital, or other facility
capable of undertaking and maintaining similar research
capabilities in the areas of epidemiology, oncology,
toxicology, pulmonary medicine, pathology, and biostatistics.
The center shall be known as the Mickey Leland National Urban
Air Toxics Research Center. The geographic site of the National
Urban Air Toxics Research Center should be further directed to
Harris County, Texas, in order to take full advantage of the
well developed scientific community presence on-site at the
Texas Medical Center as well as the extensive data previously
compiled for the comprehensive monitoring system currently in
place.
(2) Board of directors.- The National Urban Air Toxics
Research Center shall be governed by a Board of Directors to be
comprised of 9 members, the appointment of which shall be
allocated pro rata among the Speaker of the House, the Majority
Leader of the Senate and the President. The members of the
Board of Directors shall be selected based on their respective
83
academic and professional backgrounds and expertise in matters
relating to public health, environmental pollution and
industrial hygiene. The duties of the Board of Directors shall
be to determine policy and research guidelines, submit views
from center sponsors and the public and issue periodic reports
of center findings and activities.
(3) Scientific advisory panel.- The Board of Directors shall
be advised by a Scientific Advisory Panel, the 13 members of
which shall be appointed by the Board, and to include eminent
members of the scientific and medical communities. The Panel
membership may include scientists with relevant experience from
the National Institute of Environmental Health Sciences, the
Center for Disease Control, the Environmental Protection
Agency, the National Cancer Institute, and others, and the
Panel shall conduct peer review and evaluate research results.
The Panel shall assist the Board in developing the research
agenda,
reviewing proposals and applications, and advise on the
awarding of research grants.
(4) Funding.- The center shall be established and funded
with both Federal and private source funds.
(q) Savings Provision.-
(1) Standards previously promulgated.- Any standard under
this section in effect before the date of enactment of the
Clean Air Act Amendments of 1990 shall remain in force and
effect after such date unless modified as provided in this
section before the date of enactment of such Amendments or
under such Amendments. Except as provided in paragraph (4), any
standard under this section which has been promulgated, but has
not taken effect, before such date shall not be affected by
such Amendments unless modified as provided in this section
before such date or under such Amendments. Each such standard
shall be reviewed and, if appropriate, revised, to comply with
the requirements of subsection (d) within 10 years after the
date of enactment of the Clean Air Act Amendments of 1990. If a
timely petition for review of any such standard under section
307 is pending on such date of enactment, the standard shall be
upheld if it complies with this section as in effect before
that date. If any such standard is remanded to the
Administrator, the Administrator may in the Administrator's
discretion apply either the requirements of this section, or
those of this section as in effect before the date of enactment
of the Clean Air Act Amendments of 1990.
(2) Special rule.- Notwithstanding paragraph (1), no
standard shall be established under this section, as amended by
the Clean Air Act Amendments of 1990, for radionuclide
emissions from (A) elemental phosphorous plants, (B) grate
calcination elemental phosphorous plants, (C) phosphogypsum
stacks, or (D) any subcategory of the foregoing. This section,
as in effect prior to the date of enactment of the Clean Air
Act Amendments of 1990, shall remain in effect for radionuclide
emissions from such plants and stacks.
(3) Other categories.- Notwithstanding paragraph (1), this
section, as in effect prior to the date of enactment of the
Clean Air Act Amendments of 1990, shall remain in effect for
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radionuclide emissions from non-Department of Energy Federal
facilities that are not licensed by the Nuclear Regulatory
Commission, coal-fired utility and industrial boilers, under-
ground uranium mines, surface uranium mines, and disposal of
uranium mill tailings piles, unless the Administrator, in the
Administrator's discretion, applies the requirements of this
section as modified by the Clean Air Act Amendments of 1990 to
such sources of radionuclides.
(4) Medical facilities.- Notwithstanding paragraph (1), no
standard promulgated under this section prior to the date of
enactment of the Clean Air Act Amendments of 1990 with respect
to medical research or treatment facilities shall take effect
for two years following the date of enactment of the Clean Air
Act Amendments of 1990, unless the Administrator makes a
determination pursuant to a rulemaking under section 112(d)(9).
If the Administrator determines that the regulatory program
established by the Nuclear Regulatory Commission for such
facilities does not provide an ample margin of safety to
protect public health, the requirements of section 112 shall
fully apply to such facilities. If the Administrator determines
that such regulatory program does provide an ample margin of
safety to protect the public health, the Administrator is not
required to promulgate a standard under this section for such
facilities, as provided in section 112(d)(9).
(r) Prevention of Accidental Releases.-
(1) Purpose and general duty.- It shall be the objective of
the regulations and programs authorized under this subsection
to prevent the accidental release and to minimize the
consequences of any such release of any substance listed
pursuant to paragraph (3) or any other extremely hazardous
substance. The owners and operators of stationary sources
producing, processing, handling or storing such substances have
a general duty in the same manner and to the same extent as
section 654, title 29 of the United States Code, to identify
hazards which may result from such releases using appropriate
hazard assessment techniques, to design and maintain a safe
facility taking such steps as are necessary to prevent
releases, and to minimize the consequences of accidental
releases which do occur. For purposes of this paragraph, the
provisions of section 304 shall not be available to any person
or otherwise be construed to be applicable to this paragraph.
Nothing in this section shall be interpreted, construed,
implied or applied to create any liability or basis for suit
for compensation for bodily injury or any other injury or
property damages to any person which may result from accidental
releases of such substances.
(2) Definitions.-
(A) The term "accidental release" means an unantici-
pated emission of a regulated substance or other extremely
hazardous substance into the ambient air from a stationary
source.
(B) The term "regulated substance" means a substance
listed under paragraph (3).
(C) The term "stationary source" means any buildings,
structures, equipment, installations or substance emitting
85
stationary activities (i) which belong to the same indus-
trial group, (ii) which are located on one or more
contiguous properties, (iii) which are under the control
of the same person (or persons under common control), and
(iv) from which an accidental release may occur.
(3) List of substances.- The Administrator shall promulgate
not later than 24 months after enactment of the Clean Air Act
Amendments of 1990 an initial list of 100 substances which, in
the case of an accidental release, are known to cause or may
reasonably be anticipated to cause death, injury, or serious
adverse effects to human health or the environment. For
purposes of promulgating such list, the Administrator shall
use, but is not limited to, the list of extremely hazardous
substances published under the Emergency Planning and Community
Right-to-Know Act of 1986, with such modifications as the
Administrator deems appropriate. The initial list shall include
chlorine, anhydrous ammonia, methyl chloride, ethylene oxide,
vinyl chloride, methyl isocyanate, hydrogen cyanide, ammonia,
hydrogen sulfide, toluene diisocyanate, phosgene, bromine,
anhydrous hydrogen chloride, hydrogen fluoride, anhydrous
sulfur dioxide, and sulfur trioxide. The initial list shall
include at least 100 substances which pose the greatest risk of
causing death, injury, or serious adverse effects to human
health or the environment from accidental releases. Regulations
establishing the list shall include an explanation of the basis
for establishing the list. The list may be revised from time to
time by the Administrator on the Administrator's own motion or
by petition and shall be reviewed at least every 5 years. No
air pollutant for which a national primary ambient air quality
standard has been established shall be included on any such
list. No substance, practice, process, or activity regulated
under title VI shall be subject to regulations under this
subsection. The Administrator shall establish procedures for
the addition and deletion of substances from the list
established under this paragraph consistent with those
applicable to the list in subsection (b).
(4) Factors to be considered.- In listing substances under
paragraph (3), the Administrator shall consider each of the
following criteria -
(A) the severity of any acute adverse health effects
associated with accidental releases of the substance;
(B) the likelihood of accidental releases of the
substance; and
(C) the potential magnitude of human exposure to
accidental releases of the substance.
(5) Threshold quantity.- At the time any substance is listed
pursuant to paragraph (3), the Administrator shall establish by
rule, a threshold quantity for the substance, taking into
account the toxicity, reactivity, volatility, dispersibility,
combustibility, or flammability of the substance and the amount
of the substance which, as a result of an accidental release,
is known to cause or may reasonably be anticipated to cause
death, injury or serious adverse effects to human health for
which the substance was listed. The Administrator is authorized
to establish a greater threshold quantity for, or to exempt
86
entirely, any substance that is a nutrient used in agriculture
when held by a farmer.
(6) Chemical safety board.-
(A) There is hereby established an independent safety
board to be known as the Chemical Safety and Hazard
Investigation Board.
(B) The Board shall consist of 5 members, including a
Chairperson, who shall be appointed by the President, by
and with the advice and consent of the Senate. Members of
the Board shall be appointed on the basis of technical
qualification, professional standing, and demonstrated
knowledge in the fields of accident reconstruction, safety
engineering, human factors, toxicology, or air pollution
regulation. The terms of office of members of the Board
shall be 5 years. Any member of the Board, including the
Chairperson, may be removed for inefficiency, neglect of
duty, or malfeasance in office. The Chairperson shall be
the Chief Executive Officer of the Board and shall exer-
cise the executive and administrative functions of the
Board.
(C) The Board shall -
(i) investigate (or cause to be investigated),
determine and report to the public in writing the
facts, conditions, and circumstances and the cause or
probable cause of any accidental release resulting in
a fatality, serious injury or substantial property
damages;
(ii) issue periodic reports to the Congress,
Federal, State and local agencies, including the
Environmental Protection Agency and the Occupational
Safety and Health Administration, concerned with the
safety of chemical production, processing, handling
and storage, and other interested persons
recommending measures to reduce the likelihood or the
consequences of accidental releases and proposing
corrective steps to make chemical production,
processing, handling and storage as safe and free
from risk of injury as is possible and may include in
such reports proposed rules or orders which should be
issued by the Administrator under the authority of
this section or the Secretary of Labor under the
Occupational Safety and Health Act to prevent or
minimize the consequences of any release of
substances that may cause death, injury or other
serious adverse effects on human health or
substantial property damage as the result of an
accidental release; and
(iii) establish by regulation requirements binding
on persons for reporting accidental releases into the
ambient air subject to the Board's investigatory
jurisdiction. Reporting releases to the National
Response Center, in lieu of the Board directly, shall
satisfy such regulations. The National Response
Center shall promptly notify the Board of any
releases which are within the Board's jurisdiction.
87
(D) The Board may utilize the expertise and experience
of other agencies.
(E) The Board shall coordinate its activities with
investigations and studies conducted by other agencies of
the United States having a responsibility to protect
public health and safety. The Board shall enter into a
memorandum of understanding with the National Trans-
portation Safety Board to assure coordination of functions
and to limit duplication of activities which shall
designate the National Transportation Safety Board as the
lead agency for the investigation of releases which are
transportation related. The Board shall not be authorized
to investigate marine oil spills, which the National
Transportation Safety
Board is authorized to investigate. The Board shall enter
into a memorandum of understanding with the Occupational
Safety and Health Administration so as to limit
duplication of activities. In no event shall the Board
forego an investigation where an accidental release causes
a fatality or serious injury among the general public, or
had the potential to cause substantial property damage or
a number of deaths or in-juries among the general public.
(F) The Board is authorized to conduct research and
studies with respect to the potential for accidental
releases, whether or not an accidental release has oc-
curred, where there is evidence which indicates the
presence of a potential hazard or hazards. To the extent
practicable, the Board shall conduct such studies in
cooperation with other Federal agencies having emergency
response authorities, State and local governmental agen-
cies and associations and organizations from the indus-
trial, commercial, and nonprofit sectors.
(G) No part of the conclusions, findings, or
recommendations of the Board relating to any accidental
release or the investigation thereof shall be admitted as
evidence or used in any action or suit for damages arising
out of any matter mentioned in such report.
(H) Not later than 18 months after the date of
enactment of the Clean Air Act Amendments of 1990, the
Board shall publish a report accompanied by
recommendations to the Administrator on the use of hazard
assessments in prevent-ing the occurrence and minimizing
the consequences of ac-cidental releases of extremely
hazardous substances. The recommendations shall include a
list of extremely hazar-dous substances which are not
regulated substances (in-cluding threshold quantities for
such substances) and ca-tegories of stationary sources for
which hazard assess-ments would be an appropriate measure
to aid in the pre-vention of accidental releases and to
minimize the conse-quences of those releases that do
occur. The recommenda-tions shall also include a
description of the information and analysis which would be
appropriate to include in any hazard assessment. The Board
shall also make recommenda-tions with respect to the role
of risk management plans as required by paragraph (8)(B)
88
in preventing accidental releases. The Board may from time
to time review and revise its recommendations under this
subparagraph.
(I) Whenever the Board submits a recommendation with
respect to accidental releases to the Administrator, the
Administrator shall respond to such recommendation for-
mally and in writing not later than 180 days after receipt
thereof. The response to the Board's recommendation by the
Administrator shall indicate whether the Administrator
will -
(i) initiate a rulemaking or issue such orders as are
necessary to implement the recommendation in full or in
part, pursuant to any timetable contained in the
recommendation;
(ii) decline to initiate a rulemaking or issue orders
as recommended.
Any determination by the Administrator not to implement a
recommendation of the Board or to implement a recommen-
dation only in part, including any variation from the
schedule contained in the recommendation, shall be
accompanied by a statement from the Administrator setting
forth the reasons for such determination.
(J) The Board may make recommendations with respect to
accidental releases to the Secretary of Labor. Whenever
the Board submits such recommendation, the Secretary shall
respond to such recommendation formally and in writing not
later than 180 days after receipt thereof. The response to
the Board's recommendation by the Administrator shall
indicate whether the Secretary will -
(i) initiate a rulemaking or issue such orders as are
necessary to implement the recommendation in full or in
part, pursuant to any timetable contained in the
recommendation;
(ii) decline to initiate a rulemaking or issue orders
as recommended.
Any determination by the Secretary not to implement a
recommendation or to implement a recommendation only in
part, including any variation from the schedule contained
in the recommendation, shall be accompanied by a statement
from the Secretary setting forth the reasons for such
determination.
(K) Within 2 years after enactment of the Clean Air Act
Amendments of 1990, the Board shall issue a report to the
Administrator of the Environmental Protection Agency and
to the Administrator of the Occupational Safety and Health
Administration recommending the adoption of regulations
for the preparation of risk management plans and general
requirements for the prevention of accidental releases of
regulated substances into the ambient air (including
recommendations for listing substances under paragraph
(3)) and for the mitigation of the potential adverse
effect on human health or the environment as a result of
accidental releases which should be applicable to any
stationary source handling any regulated substance in more
than threshold amounts. The Board may include proposed
89
rules or orders which should be issued by the Administra-
tor under authority of this subsection or by the Secretary
of Labor under the Occupational Safety and Health Act. Any
such recommendations shall be specific and shall identify
the regulated substance or class of regulated substances
(or other substances) to which the recommendations apply.
The Administrator shall consider such recommendations
before promulgating regulations required by paragraph
(7)(B).
(L) The Board, or upon authority of the Board, any
member thereof, any administrative law judge employed
by or assigned to the Board, or any officer or employee
duly designated by the Board, may for the purpose of
carrying out duties authorized by subparagraph (C) -
(i) hold such hearings, sit and act at such times and
places, administer such oaths, and require by subpoena or
otherwise attendance and testimony of such witnesses and
the production of evidence and may require by order that
any person engaged in the production, processing,
handling, or storage of extremely hazardous substances
submit written reports and responses to requests and
questions within such time and in such form as the Board
may require; and
(ii) upon presenting appropriate credentials and a
written notice of inspection authority, enter any property
where an accidental release causing a fatality, serious
injury or substantial property damage has occurred and do
all things therein necessary for a proper investigation
pursuant to subparagraph (C) and inspect at reasonable
times records, files, papers, processes, controls, and
facilities and take such samples as are relevant to such
investigation.
Whenever the Administrator or the Board conducts an inspection
of a facility pursuant to this subsection, employees and their
representatives shall have the same rights to participate in
such inspections as provided in the Occupational Safety and
Health Act.
(M) In addition to that described in subparagraph (L), the
Board may use any information gathering authority of the
Administrator under this Act, including the subpoena power
provided in section 307(a)(1) of this Act.
(N) The Board is authorized to establish such procedural and
administrative rules as are necessary to the exercise of its
functions and duties. The Board is authorized without regard to
section 5 of title 41 of the United States Code to enter into
contracts, leases, cooperative agreements or other transactions
as may be necessary in the conduct of the duties and functions
of the Board with any other agency, institution, or person.
(O) After the effective date of any reporting requirement
promulgated pursuant to subparagraph (C)(iii) it shall be un-
lawful for any person to fail to report any release of any ex-
tremely hazardous substance as required by such subparagraph.
The Administrator is authorized to enforce any regulation or
requirements established by the Board pursuant to subparagraph
(C)(iii) using the authorities of sections 113 and 114. Any
90
request for information from the owner or operator of a
stationary source made by the Board or by the Administrator
under this section shall be treated, for purposes of sections
113, 114, 116, 120, 303, 304 and 307 and any other enforcement
provisions of this Act, as a request made by the Administrator
under section 114
and may be enforced by the Chairperson of the Board or by the
Administrator as provided in such section.
(P) The Administrator shall provide to the Board such
support and facilities as may be necessary for operation of the
Board.
(Q) Consistent with subsection (G) and section 114(c) any
records, reports or information obtained by the Board shall be
available to the Administrator, the Secretary of Labor, the
Congress and the public, except that upon a showing
satisfactory to the Board by any person that records, reports,
or information, or particular part thereof (other than release
or emissions data) to which the Board has access, if made
public, is likely to cause substantial harm to the person's
competitive position, the Board shall consider such record,
report, or information or particular portion thereof
confidential in accordance with section 1905 of title 18 of the
United States Code, except that such record, report, or
information may be disclosed to other officers, employees, and
authorized representatives of the United States concerned with
carrying out this Act or when relevant under any proceeding
under this Act. This subparagraph does not constitute authority
to withhold records, reports, or information from the Congress.
(R) Whenever the Board submits or transmits any budget
estimate, budget request, supplemental budget request, or other
budget information, legislative recommendation, prepared
testimony for congressional hearings, recommendation or study
to the President, the Secretary of Labor, the Administrator, or
the Director of the Office of Management and Budget, it shall
concurrently transmit a copy thereof to the Congress. No report
of the Board shall be subject to review by the Administrator or
any Federal agency or to judicial review in any court. No
officer or agency of the United States shall have authority to
require the Board to submit its budget requests or estimates,
legislative recommendations, prepared testimony, comments,
recommendations or reports to any officer or agency of the
United States for approval or review prior to the submission of
such recommendations, testimony, comments or reports to the
Congress. In the performance of their functions as established
by this Act, the members, officers and employees of the Board
shall not be responsible to or subject to supervision or
direction, in carrying out any duties under this subsection, of
any officer or employee or agent of the Environmental
Protection Agency, the Department of Labor or any other agency
of the United States except that the President may remove any
member, officer or employee of the Board for inefficiency,
neglect of duty or malfeasance in office. Nothing in this
section shall affect the application of title 5, United States
Code to officers or employees of the Board.
91
(S) The Board shall submit an annual report to the President
and to the Congress which shall include, but not
be limited to, information on accidental releases which have
been investigated by or reported to the Board during the
previous year, recommendations for legislative or
administrative action which the Board has made, the actions
which have been taken by the Administrator or the Secretary of
Labor or the heads of other agencies to implement such
recommendations, an identification of priorities for study and
investigation in the succeeding year, progress in the
development of risk-reduction technologies and the response to
and implementation of significant research findings on chemical
safety in the public and private sector.
(7) Accident prevention.-
(A) In order to prevent accidental releases of regulated
substances, the Administrator is authorized to promulgate
release prevention, detection, and correction requirements
which may include monitoring, record-keeping, reporting,
training, vapor recovery, secondary containment, and other
design, equipment, work practice, and operational requirements.
Regulations promulgated under this paragraph may make distinc-
tions between various types, classes, and kinds of facilities,
devices and systems taking into consideration factors
including, but not limited to, the size, location, process,
process controls, quantity of substances handled, potency of
substances, and response capabilities present at any stationary
source. Regulations promulgated pursuant to this subparagraph
shall have an effective date, as determined by the
Administrator, assuring compliance as expeditiously as
practicable.
(B)(i) Within 3 years after the date of enactment of the
Clean Air Act Amendments of 1990, the Administrator shall
promulgate reasonable regulations and appropriate guidance to
provide, to the greatest extent practicable, for the prevention
and detection of accidental releases of regulated substances
and for response to such releases by the owners or operators of
the sources of such releases. The Administrator shall utilize
the expertise of the Secretaries of Transportation and Labor in
promulgating such regulations. As appropriate, such regulations
shall cover the use, operation, repair, replacement, and
maintenance of equipment to monitor, detect, inspect, and
control such releases, including training of persons in the use
and maintenance of such equipment and in the conduct of
periodic inspections. The regulations shall include procedures
and measures for emergency response after an accidental release
of a regulated substance in order to protect human health and
the environment. The regulations shall cover storage, as well
as operations. The regulations shall, as appropriate, recognize
differences in size, operations, processes, class and
categories of sources and the voluntary actions of such sources
to prevent such releases and respond to such releases. The
regulations shall be applicable to a stationary source 3 years
after the date of promulgation, or 3 years after the date on
which a regulated substance
92
present at the source in more than threshold amounts is
first listed under paragraph (3), whichever is later.
(ii) The regulations under this subparagraph shall require
the owner or operator of stationary sources at which a
regulated substance is present in more than a threshold
quantity to prepare and implement a risk management plan to
detect and prevent or minimize accidental releases of such
substances from the stationary source, and to provide a
prompt emergency response to any such releases in order to
protect human health and the environment. Such plan shall
provide for compliance with the requirements of this subsec-
tion and shall also include each of the following:
(I) a hazard assessment to assess the potential effects
of an accidental release of any regulated substance. This
assessment shall include an estimate of potential release
quantities and a determination of downwind effects,
including potential exposures to affected populations.
Such assessment shall include a previous release history
of the past 5 years, including the size, concentration,
and duration of releases, and shall include an evaluation
of worst case accidental releases;
(II) a program for preventing accidental releases of
regulated substances, including safety precautions and
maintenance, monitoring and employee training measures to
be used at the source; and
(III) a response program providing for specific actions
to be taken in response to an accidental release of a
regulated substance so as to protect human health and the
environment, including procedures for informing the public
and local agencies responsible for responding to
accidental releases, emergency health care, and employee
training measures.
At the time regulations are promulgated under this subpara-
graph, the Administrator shall promulgate guidelines to
assist stationary sources in the preparation of risk manage-
ment plans. The guidelines shall, to the extent practicable,
include model risk management plans.
(iii) The owner or operator of each stationary source co-
vered by clause (ii) shall register a risk management plan
prepared under this subparagraph with the Administrator
before the effective date of regulations under clause (i) in
such form and manner as the Administrator shall, by rule,
require. Plans prepared pursuant to this subparagraph shall
also be submitted to the Chemical Safety and Hazard Investi-
gation Board, to the State in which the stationary source is
located, and to any local agency or entity having responsi-
bility for planning for or responding to accidental releases
which may occur at such source, and shall be available to
the public under section 114(c). The Administrator shall
establish, by rule, an auditing system to regularly review
and, if necessary, require revision in risk management plans
to assure that the plans comply with
this subparagraph. Each such plan shall be updated periodi-
cally as required by the Administrator, by rule.
93
(C) Any regulations promulgated pursuant to this
subsection shall to the maximum extent practicable,
consistent with this subsection, be consistent with the
recommendations and standards established by the American
Society of Mechanical Engineers (ASME), the American
National Standards Institute (ANSI) or the American Society
of Testing Materials (ASTM). The Administrator shall take
into consideration the concerns of small business in
promulgating regulations under this subsection.
(D) In carrying out the authority of this paragraph, the
Administrator shall consult with the Secretary of Labor and
the Secretary of Transportation and shall coordinate any
requirements under this paragraph with any requirements
established for comparable purposes by the Occupational
Safety and Health Administration or the Department of
Transportation. Nothing in this subsection shall be inter-
preted, construed or applied to impose requirements affect-
ing, or to grant the Administrator, the Chemical Safety and
Hazard Investigation Board, or any other agency any
authority to regulate (including requirements for hazard
assessment), the accidental release of radionuclides arising
from the construction and operation of facilities licensed
by the Nuclear Regulatory Commission.
(E) After the effective date of any regulation or require-
ment imposed under this subsection, it shall be unlawful for
any person to operate any stationary source subject to such
regulation or requirement in violation of such regulation or
requirement. Each regulation or requirement under this
subsection shall for purposes of sections 113, 114, 116,
120, 304, and 307 and other enforcement provisions of this
Act, be treated as a standard in effect under subsection
(d).
(F) Notwithstanding the provisions of title V or this
section, no stationary source shall be required to apply
for, or operate pursuant to, a permit issued under such
title solely because such source is subject to regulations
or requirements under this subsection.
(G) In exercising any authority under this subsection, the
Administrator shall not, for purposes of section 653(b)(1)
of title 29 of the United States Code, be deemed to be
exercising statutory authority to prescribe or enforce
standards or regulations affecting occupational safety and
health.
(8) Research on hazard assessments.- The Administrator may
collect and publish information on accident scenarios and
consequences covering a range of possible events for substances
listed under paragraph (3). The Administrator shall establish a
program of long-term research to develop and disseminate informa-
tion on methods and techniques for hazard assessment which may be
useful in improving and validating the procedures
employed in the preparation of hazard assessments under this
subsection.
(9) Order authority.-
(A) In addition to any other action taken, when the
Administrator determines that there may be an imminent and
94
substantial endangerment to the human health or welfare or
the environment because of an actual or threatened
accidental release of a regulated substance, the
Administrator may secure such relief as may be necessary
to abate such danger or threat, and the district court of
the United States in the district in which the threat
occurs shall have jurisdiction to grant such relief as the
public interest and the equities of the case may require.
The Administrator may also, after notice to the State in
which the stationary source is located, take other action
under this paragraph including, but not limited to,
issuing such orders as may be necessary to protect human
health. The Administrator shall take action under section
303 rather than this paragraph whenever the authority of
such section is adequate to protect human health and the
environment.
(B) Orders issued pursuant to this paragraph may be
enforced in an action brought in the appropriate United
States district court as if the order were issued under
section 303.
(C) Within 180 days after enactment of the Clean Air
Act Amendments of 1990, the Administrator shall publish
guidance for using the order authorities established by
this paragraph. Such guidance shall provide for the
coordinated use of the authorities of this paragraph with
other emergency powers authorized by section 106 of the
Comprehensive Environmental Response, Compensation and
Liability Act, sections 311(c), 308, 309 and 504(a) of the
Federal Water Pollution Control Act, sections 3007, 3008,
3013, and 7003 of the Solid Waste Disposal Act, sections
1445 and 1431 of the Safe Drinking Water Act, sections 5
and 7 of the Toxic Substances Control Act, and sections
113, 114, and 303 of this Act.
(10) Presidential review.- The President shall conduct a re-
view of release prevention, mitigation and response authorities
of the various Federal agencies and shall clarify and
coordinate agency responsibilities to assure the most effective
and effici-ent implementation of such authorities and to
identify any defi-ciencies in authority or resources which may
exist. The Presi-dent may utilize the resources and solicit the
recommendations of the Chemical Safety and Hazard Investigation
Board in con-ducting such review. At the conclusion of such
review, but not later than 24 months after the date of
enactment of the Clean Air Act Amendments of 1990, the
President shall transmit a mes-sage to the Congress on the
release prevention, mitigation and response activities of the
Federal Government making such recom-mendations for change in
law as the President may deem appropriate. Nothing in this
paragraph shall be interpreted, construed
or applied to authorize the President to modify or reassign
release prevention, mitigation or response authorities
otherwise established by law.
(11) State authority.- Nothing in this subsection shall
preclude, deny or limit any right of a State or political
subdivision thereof to adopt or enforce any regulation,
95
requirement, limitation or standard (including any procedural
requirement) that is more stringent than a regulation, require-
ment, limitation or standard in effect under this subsection or
that applies to a substance not subject to this subsection.
(s) Periodic Report.- Not later than January 15, 1993 and
every 3 years thereafter, the Administrator shall prepare and
transmit to the Congress a comprehensive report on the measures
taken by the Agency and by the States to implement the provisions
of this section. The Administrator shall maintain a database on
pollutants and sources subject to the provisions of this section
and shall include aggregate information from the database in each
annual report. The report shall include, but not be limited to -
(1) a status report on standard-setting under subsections
(d) and (f);
(2) information with respect to compliance with such
standards including the costs of compliance experienced by
sources in various categories and subcategories;
(3) development and implementation of the national urban air
toxics program; and
(4) recommendations of the Chemical Safety and Hazard
Investigation Board with respect to the prevention and mitiga-
tion of accidental releases.
[42 U.S.C. 7412]
SEC. 113. FEDERAL ENFORCEMENT.
(a) In General.-
(1) Order to comply with sip.- Whenever, on the basis of
any information available to the Administrator, the Adminis-
trator finds that any person has violated or is in violation
of any requirement or prohibition of an applicable implemen-
tation plan or permit, the Administrator shall notify the
person and the State in which the plan applies of such find-
ing. At any time after the expiration of 30 days following
the date on which such notice of a violation is issued, the
Administrator may, without regard to the period of violation
(subject to section 2462 of title 28 of the United States
Code) -
(A) issue an order requiring such person to comply with
the requirements or prohibitions of such plan or permit,
(B) issue an administrative penalty order in accordance
with subsection (d), or
(C) bring a civil action in accordance with subsection
(b).
(2) State failure to enforce sip or permit program.-
Whenever, on the basis of information available to the
Administrator, the Administrator finds that violations of an
applicable implementation plan or an approved permit program
under title V are so widespread that such violations appear
to result from a failure of the State in which the plan or
permit program applies to enforce the plan or permit program
effectively, the Administrator shall so notify the State. In
the case of a permit program, the notice shall be made in
accordance with title V. If the Administrator finds such
failure extends beyond the 30th day after such notice (90
days in the case of such permit program), the Administrator
shall give public notice of such finding. During the period
96
beginning with such public notice and ending when such State
satisfies the Administrator that it will enforce such plan
or permit program (hereafter referred to in this section as
"period of federally assumed enforcement"), the
Administrator may enforce any requirement or prohibition of
such plan or permit program with respect to any person by -
(A) issuing an order requiring such person to comply
with such requirement or prohibition,
(B) issuing an administrative penalty order in accor-
dance with subsection (d), or
(C) bringing a civil action in accordance with subsec-
tion (b).
(3) EPA enforcement of other requirements.- Except for a
requirement or prohibition enforceable under the preceding
provisions of this subsection, whenever, on the basis of any
information available to the Administrator, the
Administrator finds that any person has violated, or is in
violation of, any other requirement or prohibition of this
title, section 303 of title III, title IV, title V, or title
VI, including, but not limited to, a requirement or (continued)