S. 3529 (112th): General Duty Clarification Act of 2012

112th Congress, 2011–2013. Text as of Sep 11, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

S 3529 IS

112th CONGRESS

2d Session

S. 3529

To amend the Clean Air Act to clarify a certain provision relating to prevention of accidental releases.

IN THE SENATE OF THE UNITED STATES

September 11, 2012

Mr. ROBERTS 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 clarify a certain provision 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 shall be found to be in violation of this paragraph until the Administrator--

            ‘(I) promulgates final regulations under clause (ii); and

            ‘(II) 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 ‘, other than an emission resulting from an intentional act’ before the period at the end.