S 2579 IS
107th CONGRESS 2d Session S. 2579
To amend the Clean Air Act to limit access to off-site consequence analysis information in order to reduce the risk of criminal releases from stationary sources, and for other purposes. IN THE SENATE OF THE UNITED STATES
June 5, 2002 Mr. BOND introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To amend the Clean Air Act to limit access to off-site consequence analysis information in order to reduce the risk of criminal releases from stationary sources, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Community Protection from Chemical Terrorism Act'.
SEC. 2. FINDINGS.
Congress finds that--
(1) the nationwide threat of terrorist attacks has greatly increased since September 11, 2001;
(2) government-mandated publicly available information on worst-case scenario accidents at chemical facilities provides a blueprint that terrorists may use to plan and carry out terrorist attacks;
(3) improved protections are necessary to prevent terrorists from using information described in paragraph (2) to target and attack local communities; and
(4) while communities have a right to know about the use of chemicals in their communities, communities also have the right not to allow terrorists to use such information to destroy the communities.
SEC. 3. SAFE USAGE OF CHEMICAL INFORMATION.
Section 112(r)(7) of the Clean Air Act (42 U.S.C. 7412(r)(7)) is amended by striking subparagraph (H) and inserting the following:
`(H) ACCESS TO OFF-SITE CONSEQUENCE ANALYSIS INFORMATION-
`(i) DEFINITIONS- In this subparagraph:
`(I) CRIMINAL RELEASE- The term `criminal release' means an emission of a regulated substance into the ambient air from a stationary source that is caused, in whole or in part, by a criminal act.
`(II) DISTANCE TO ENDPOINT- The term `distance to endpoint' means the radius of the area of an accidental release or a criminal release.
`(III) MEMBER OF THE PUBLIC- The term `member of the public' means--
`(aa) an individual who is not an official user; and
`(bb) an official user who is not carrying out an official use.
`(IV) OFFICIAL USE- The term `official use' means an action of a Federal, State, or local government agency, or an entity referred to in subclause (V)(ee), that is intended to carry out a function necessary to prevent, plan for, or respond to an accidental release or a criminal release.
`(V) OFFICIAL USER- The term `official user' means--
`(aa) an officer or employee of the United States;
`(bb) an officer or employee of an agent or contractor of the United States;
`(cc) an officer or employee of a State or local government;
`(dd) an officer or employee of an agent or contractor of a State or local government; and
`(ee) an officer or employee or an agent or contractor of an entity that has been given, by a State or local government, responsibility for preventing, planning for, or responding to accidental releases or criminal releases.
`(VI) OFF-SITE CONSEQUENCE ANALYSIS INFORMATION- The term `off-site consequence analysis information' means--
`(aa) any information in a risk management plan, including in the executive summary of the plan, that describes or identifies, with respect to a worst-case or alternative release scenario for a toxic release or flammable release--
`(AA) the name, physical state, or concentration of a chemical;
`(BB) the quantity released, release rate, or duration of the release;
`(CC) the topography, whether urban or rural;
`(DD) the distance to endpoint;
`(EE) the estimated residential population, public receptors, or environmental receptors within the distance to endpoint;
`(FF) any map or other graphic depiction used to illustrate a scenario; and
`(GG) the prevention program designed to prevent or mitigate the release; and
`(bb) any information derived from the information described in item (aa) (including any statewide or national ranking of stationary sources derived from the information described in item (aa)) that is not publicly available from a source other than a risk management plan.
`(VII) READ-ONLY ACCESS- The term `read-only access' means access that--
`(aa) allows the reading of information; but
`(bb) does not allow removal, mechanical reproduction, or other duplication (including notetaking) of information.
`(VIII) RISK MANAGEMENT PLAN- The term `risk management plan' means a risk management plan registered with the Administrator by an owner or operator of a stationary source under subparagraph (B)(iii).
`(IX) STATE OR LOCAL OFFICIAL USER- The term `State or local official user' means an official user described in any of items (cc) through (ee) of subclause (V).
`(ii) AVAILABILITY UNDER FREEDOM OF INFORMATION ACT-
`(I) IN GENERAL- Off-site consequence analysis information shall not be made available under section 552 of title 5, United States Code.
`(II) APPLICABILITY- Subclause (I) applies to off-site consequence analysis information obtained or developed by the Administrator before, on, or after the date of enactment of this subparagraph.
`(iii) ACCESS BY MEMBERS OF THE PUBLIC TO OFF-SITE CONSEQUENCE ANALYSIS INFORMATION-
`(I) IN GENERAL- Except as provided in this clause, notwithstanding any other provision of law (including any regulation), no member of the public shall have access to off-site consequence analysis information.
`(II) ESTABLISHMENT OF PROCEDURES TO PROVIDE READ-ONLY ACCESS TO CERTAIN INFORMATION- The Administrator, in consultation with the Attorney General, shall establish procedures to allow a member of the public read-only access to a paper copy of off-site consequence analysis information that does not disclose the identity or location of any facility or any information from which the identity or location of any facility could be deduced.
`(III) LOCATIONS OF READ-ONLY ACCESS- Read-only access described in subclause (II) shall be provided to members of the public at--
`(aa) the headquarters of the Environmental Protection Agency;
`(bb) each regional office of the Environmental Protection Agency; and
`(cc) such other locations of the Environmental Protection Agency as the Administrator determines to be appropriate.
`(IV) REQUIRED ELEMENTS OF PROCEDURES- The procedures established under subclause (II) shall require that--
`(aa) access be provided to a member of the public only if the member of the public displays photo identification issued by a Federal, State, or local government agency and provides a signature; and
`(bb) the employee of the Environmental Protection Agency who provides the access described in item (aa) record the date of access and the identity of each stationary source with respect to which the access is sought.
`(V) MAINTENANCE OF RECORDS- The Administrator shall maintain records developed under subclause (IV) for a period of 5 years.
`(iv) READ-ONLY INFORMATION TECHNOLOGY SYSTEM-
`(I) IN GENERAL- In consultation with the Attorney General, the Administrator shall establish an information technology system described in subclause (II) that provides for the availability to members of the public of off-site consequence analysis information described in clause (iii)(II).
`(II) INFORMATION TECHNOLOGY SYSTEM- An information technology system referred to in subclause (I) shall consist of a central database under the control of the Federal Government that provides read-only access to information.
`(v) ACCESS BY STATE OR LOCAL OFFICIAL USERS TO OFF-SITE CONSEQUENCE ANALYSIS INFORMATION-
`(I) REQUIRED ACCESS- The Administrator shall allow access by a State or local official user, for official use, to off-site consequence analysis information relating to stationary sources located in the State or local official user's State or in a contiguous State.
`(II) ADDITIONAL ACCESS- On request of a State or local official user, the Administrator may allow access by the State or local official user, for official use, to off-site consequence analysis information relating to stationary sources not located in the State or local official user's State or a contiguous State.
`(vi) PROHIBITION ON DISCLOSURE BY OFFICIAL USERS-
`(I) IN GENERAL-
`(aa) PROHIBITION- No official user shall knowingly disclose off-site consequence analysis information in any form to any member of the public, except to the extent that such disclosure is for official use or is otherwise authorized under this subparagraph.
`(bb) EXTENT OF DISCLOSURE FOR OFFICIAL USE- Under item (aa), an official user may disclose for official use only the quantity of off-site consequence analysis information that is necessary for the purpose of preventing, planning for, or responding to accidental releases or criminal releases.
`(II) CRIMINAL PENALTIES- Notwithstanding section 113, a violation of subclause (I) shall be punished as a Class A misdemeanor under section 3559 of title 18, United States Code.
`(III) NOTICE- The Administrator shall provide to each official user who receives off-site consequence analysis information--
`(aa) notice of the definition of official use and examples of actions that do and actions that do not fall within that definition; and
`(bb) notice of the prohibition established by subclause (I) and the penalties established by subclause (II).
`(vii) EFFECT ON STATE OR LOCAL LAW-
`(I) IN GENERAL- Subject to subclause (II), this subparagraph supersedes any provision of State or local law that is inconsistent with this subparagraph.
`(II) AVAILABILITY OF INFORMATION UNDER STATE LAW- Nothing in this subparagraph precludes a State from making available data on the off-site consequences of chemical releases collected in accordance with State law.
`(viii) REPORT-
`(I) IN GENERAL- The Attorney General shall prepare a report that describes the extent to which regulations promulgated under this subparagraph result in actions, including the design and maintenance of safe facilities, that are effective in detecting, preventing, and minimizing the consequences of criminal releases.
`(II) REVIEW OF SECURITY- In preparing the report under subclause (I), the Attorney General, using available data to the maximum extent practicable, and using a sampling of stationary sources covered by subparagraph (B)(ii) and selected at the discretion of the Attorney General, shall review--
`(aa) the vulnerability of those covered stationary sources to criminal and terrorist activity;
`(bb) current industry practices concerning site security; and
`(cc) the security of transportation of regulated substances.
`(III) CONSULTATION- The Attorney General shall carry out subclauses (I) and (II) in consultation with appropriate Federal, State, and local government agencies, affected industry, and members of the public.
`(IV) SUBMISSION OF REPORT- Not later than 1 year after the date of enactment of item (aa), the Attorney General shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Environment and Public Works of the Senate, and other appropriate committees of Congress--
`(aa) the report under subclause (I);
`(bb) the results of the review under subclause (II); and
`(cc) recommendations, if any, for reducing the vulnerability of stationary sources covered by subparagraph (B)(ii) to criminal and terrorist activity.
`(V) AVAILABILITY OF INFORMATION- In addition to the matters specified in section 552(b) of title 5, United States Code, section 552 of that title shall not apply to information that is developed by the Attorney General, or requested by the Attorney General and received from a covered stationary source, for the purpose of preparing the report or conducting the review under this clause, if disclosure of that information would pose a threat to national security.
`(ix) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Administrator and the Attorney General such sums as are necessary to carry out this subparagraph, to remain available until expended.'.
SEC. 4. ADDITION OF NATIONAL OR LOCAL ENVIRONMENTAL ORGANIZATIONS TO EMERGENCY PLANNING COMMITTEES.
Section 301(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001(c)) is amended in the second sentence--
(1) by striking `and owners' and inserting `owners'; and
(2) by inserting `; and national or local environmental organizations' before the period at the end.