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(continued) 
  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
                                84
  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)