Chemical Safety Information, Site Security and Fuels Regulatory Relief Act
Became Public Law No: 106-40.
Congressional Research Service
Official summary
Version 35 · Passed Senate amended · Jun 23, 1999
Fuels Regulatory Relief Act - Amends the Clean Air Act to prohibit the Administrator of the Environmental Protection Agency (EPA), for purposes of regulating and listing substances anticipated to cause death or serious health or environmental effects in the case of an accidental release, from listing a flammable substance when used as a fuel or held for sale as a fuel solely because of its explosive or flammable properties, unless a fire or explosion caused by the substance will result in acute adverse health effects due to human exposure other than those caused by the heat of the fire or impact of the explosion. (Sec. 4) Directs the President to assess: (1) the increased risk of terrorist and other criminal activity associated with the posting of off-site consequence analysis information (portions of risk management plans submitted by owners or operators of stationary sources that evaluate worst-case or alternative scenario accidental releases and any electronic data base created by the Administrator from those portions) on the Internet; and (2) the incentives created by public disclosure of such information for reduction in the risk of accidental and criminal releases. Requires the President, based on such assessment, to promulgate regulations governing the distribution of such information in a manner that minimizes the likelihood of such releases and of harm to public health and welfare and allows: (1) public access to paper copies of such information for a limited number of stationary sources located anywhere in the United States; (2) other public access to such information, as appropriate; (3) access for official use by certain State or local covered persons that relates to sources located in such persons' States; (4) a State or local covered person to provide, for official use, such information relating to sources in the person's State to a State or local covered person in a contiguous State; and (5) a State or local covered person to obtain for official use, by request to the Administrator, such information that is not otherwise available. Defines a "covered person" as a Federal, State, or local government employee or contractor, an entity that has been given responsibility for preventing, planning for, or responding to accidental and criminal releases, or a qualified researcher. Provides that such information, and any ranking of stationary sources derived from such information, shall not be made available under Federal freedom of information provisions, during the one-year period beginning on this Act's enactment date. Makes such information unavailable under such provisions, if the regulations described above are promulgated before the end of such one-year period, after the end of that period. Applies such requirements to information submitted to the Administrator before this Act's enactment date as well. Makes such information available to State and local covered persons for official use as described above and to the public in a form that does not make available any information concerning the identity or location of stationary sources during the period beginning on this Act's enactment date and ending on the earlier of promulgation of the regulations described above or one year after this Act's enactment date. Prohibits covered persons from disclosing such information to the public in any form, or any Statewide or national ranking of sources derived from such information, except as authorized by this Act. Makes this prohibition inapplicable if regulations described above have not been promulgated one year after this Act's enactment. Prescribes criminal penalties for knowing or willful violations of this Act by covered persons. Requires the Administrator to maintain a list of all stationary sources that make off-site consequence analysis information publicly available. Directs the Administrator to develop a system for providing such information to qualified researchers. Bars such system from allowing researchers to disseminate such information or make it available on the Internet. Requires the Administrator to establish an information technology system that provides for public availability of such information by means of a central data base under Federal Government control that contains information that users may read but provides no means by which an electronic or mechanical copy may be made. Authorizes EPA, the Department of Justice, and other appropriate agencies to provide technical assistance to owners and operators of stationary sources and participate in the development of voluntary industry standards that will help achieve accidental release prevention objectives. Provides that this Act supersedes any inconsistent provision of State or local law, with an exception for availability of State-collected information on chemical releases. Directs the Comptroller General to report to Congress on the extent to which regulations under this Act have resulted in actions that are effective in detecting, preventing, and minimizing the consequences of releases of regulated substances that may be caused by criminal activity. Authorizes appropriations. Requires the Comptroller General to report to Congress on the status of the development of amendments to the National Fire Protection Association Code for Liquefied Petroleum Gas that will result in the provision of information to local emergency response personnel concerning the off-site effects of accidental releases of substances exempted from listing under this Act. Directs the Comptroller General to report to Congress on: (1) the level of compliance with Federal and State requirements relating to the submission to local emergency response personnel of information intended to help such personnel respond to chemical accidents or related environmental or public health threats; and (2) the adequacy of the information required to be submitted and the efficacy of methods for delivering such information to such personnel.
Senate agreed to House amendments by Unanimous Consent. (consideration: CR 10059-10062; text: CR S1059-10060)
Resolving differences -- Senate actions: Senate agreed to House amendments by Unanimous Consent.(consideration: CR 10059-10062; text: CR S1059-10060)
Message on House action received in Senate and at desk: House amendments to Senate bill.
The title of the measure was amended. Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
On passage Passed without objection.
Passed/agreed to in House: On passage Passed without objection.
Considered by unanimous consent. (consideration: CR H6082-6089;text of measure as reported in House: CR H6085-6087)
Mr. Blunt asked unanimous consent to take from the Speaker's table and consider.
Held at the desk.
Message on Senate action sent to the House.
Received in the House.
Passed Senate with an amendment by Unanimous Consent. (text: CR S7548-7549)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S7548-7549)
Measure laid before Senate by unanimous consent. (consideration: CR S7543-7549; text of measure as reported in Senate: CR S7543-7544)
Placed on Senate Legislative Calendar under General Orders. Calendar No. 141.
Committee on Environment and Public Works. Reported to Senate by Senator Chafee with an amendment. With written report No. 106-70. Minority views filed.
Committee on Environment and Public Works. Reported to Senate by Senator Chafee with an amendment. With written report No. 106-70. Minority views filed.
Committee on Environment and Public Works. Ordered to be reported with amendments favorably.
Read twice and referred to the Committee on Environment and Public Works.
Introduced in Senate
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