H. R. 6345
IN THE HOUSE OF REPRESENTATIVES
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).
This Act may be cited as the
General Duty Clarification Act of
Prevention of accidental releases
Purpose and general duty
Paragraph (1) of section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is amended—
It shall be the objective and inserting the following:
It shall be the objective
by adding at the end the following:
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).
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.
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.
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.