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
To amend the Clean Air Act to clarify a certain provision 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 shall 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
than an emission resulting from an intentional act before the period at