H.R. 6345 (112th): General Duty Clarification Act of 2012

HR 6345 IH

To amend section 112(r) of the Clean Air Act (relating to prevention of accidental releases).

August 2, 2012

Mr. POMPEO (for himself and Mr. TERRY) introduced the following bill; which was referred to the Committee on Energy and Commerce

To amend section 112(r) of the Clean Air Act (relating to prevention of accidental releases).

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 ‘General Duty Clarification Act of 2012’.

SEC. 2. PREVENTION OF ACCIDENTAL RELEASES.

(a) Purpose and General Duty- Paragraph (1) of section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is amended--

(1) by striking ‘It shall be the objective’ and inserting the following:

‘(A) IN GENERAL- It shall be the objective’; and

(2) by adding at the end the following:

‘(B) REGULATIONS-

‘(i) LIMITATION- No entity may be found to be in violation of this paragraph until the Administrator promulgates final regulations under clause (ii) and issues internal enforcement guidelines under clause (iii).

‘(ii) REGULATIONS- The Administrator shall promulgate regulations establishing criteria defining, for purposes of this paragraph, the terms ‘extremely hazardous substance’, ‘appropriate hazard assessment techniques’, and ‘design and maintain a safe facility’.

‘(iii) UNIFORMITY- Subsequent to the promulgation of final regulations under clause (ii), the Administrator shall issue guidelines to ensure that enforcement of this paragraph is handled by the regional offices of the Environmental Protection Agency in a uniform and appropriate manner across all regions of the United States.’.

(b) Definition of Accidental Release- Subparagraph (A) of section 112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)) is amended by inserting before the period at the end the following: ‘, other than such an emission resulting from an intentional act’.

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