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S. 1602 - Chemical Security Act of 2001 (Introduced in the Senate)
Fair Use Statement

<-- Return To Right-to-Know or Left-to-Wonder?

Chemical Security Act of 2001 (Introduced in the Senate)

S 1602 IS

107th CONGRESS

1st Session

S. 1602

To help protect the public against the threat of chemical attacks.

IN THE SENATE OF THE UNITED STATES

October 31, 2001

Mr. CORZINE (for himself, Mr. JEFFORDS, Mrs. BOXER, and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

A BILL

To help protect the public against the threat of chemical attacks.

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 `Chemical Security Act of 2001'.

SEC. 2. FINDINGS.

Congress finds that--

(1) the possibility of accidents at, and terrorist and criminal attacks on, chemical sources (such as industrial facilities) poses a serious threat to public health, safety, and welfare, critical infrastructure, national security, and the environment;

(2) the possibility of theft of dangerous chemicals from chemical sources for use in terrorist attacks poses a further threat to public health, safety, and welfare, critical infrastructure, national security, and the environment; and

(3) there are significant opportunities to prevent theft from, and criminal attack on, chemical sources and reduce the harm that such acts would produce by--

(A)(i) reducing usage and storage of chemicals by changing production methods and processes; and

(ii) employing inherently safer technologies in the manufacture, transport, and use of chemicals;

(B) enhancing secondary containment and other existing mitigation measures; and

(C) improving security.

SEC. 3. DEFINITIONS.

In this Act:

(1) ACCIDENTAL RELEASE- The term `accidental release' means an unanticipated release of a substance of concern from a chemical source.

(2) ADMINISTRATOR- The term `Administrator' means the Administrator of the Environmental Protection Agency.

(3) CHEMICAL SOURCE- The term `chemical source' means--

(A) a stationary source (as defined in section 112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)));

(B) a vessel;

(C) a motor vehicle;

(D) rolling stock; and

(E) a container; that contains a substance of concern.

(4) COVERED SUBSTANCE OF CONCERN- The term `covered substance of concern' means a substance of concern that, in combination with a chemical source, is designated as a high priority category by the Administrator under section 4(a)(1).

(5) CRIMINAL RELEASE- The term `criminal release' means--

(A) a release from a chemical source into the environment of a substance of concern that is caused, in whole or in part, by a criminal act;

(B) a release into the environment of a substance of concern that has been removed from a chemical source, in whole or in part, by a criminal act; and

(C) the unauthorized removal from a chemical source of a substance of concern.

(6) PERSON- The term `person' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(7) SAFER DESIGN AND MAINTENANCE- The term `safer design and maintenance' includes, with respect to a chemical source that is within a high priority category designated under section 4(a)(1), implementation, to the extent practicable, of the practices of--

(A) preventing or reducing the vulnerability of the chemical source to a release of a covered substance of concern through use of inherently safer technology;

(B) reducing any vulnerability of the chemical source to a release of a covered substance of concern that remains after taking the measures described in subparagraph (A) through use of well-maintained secondary containment, control, or mitigation equipment;

(C) reducing any vulnerability of the chemical source to a release of a covered substance of concern that remains after taking the measures described in subparagraphs (A) and (B) by--

(i) making the chemical source highly resistant to intruders; and

(ii) improving security and employee training, including personnel background checks; and

(D) reducing the potential consequences of any vulnerability of the chemical source to a release of a covered substance of concern through the use of buffer zones between the chemical source and surrounding populations (including buffer zones between the chemical source and residences, schools, hospitals, senior centers, shopping centers and malls, sports and entertainment arenas, public roads and transportation routes, and other population centers).

(8) SUBSTANCE OF CONCERN- The term `substance of concern' means--

(A) any hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601));

(B) any pollutant or contaminant (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)); and

(C) petroleum, including crude oil and any fraction of crude oil.

(9) USE OF INHERENTLY SAFER TECHNOLOGY-

(A) IN GENERAL- The term `use of inherently safer technology', with respect to a chemical source, means use of a technology, product, raw material, or practice that, as compared with the technologies, products, raw materials, or practices currently in use--

(i) reduces or eliminates the possibility of a release of a substance of concern from the chemical source prior to secondary containment, control, or mitigation; and

(ii) reduces or eliminates the threats to public health and the environment associated with a release or potential release of a substance of concern from the chemical source.

(B) INCLUSIONS- The term `use of inherently safer technology' includes input substitution, catalyst or carrier substitution, process redesign (including reuse or recycling of a substance of concern), product reformulation, procedure simplification, and technology modification so as to--

(i) use less hazardous substances or benign substances;

(ii) use a smaller quantity of covered substances of concern;

(iii) reduce hazardous pressures or temperatures;

(iv) reduce the possibility and potential consequences of equipment failure and human error;

(v) improve inventory control and chemical use efficiency; and

(vi) reduce or eliminate storage, transportation, handling, disposal, and discharge of substances of concern.

SEC. 4. PREVENTION OF CRIMINAL RELEASES.

(a) DESIGNATION AND REGULATION OF HIGH PRIORITY COMBINATIONS BY THE ADMINISTRATOR-

(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Attorney General and State and local agencies responsible for planning for and responding to accidental releases and criminal releases and providing emergency health care, shall promulgate regulations to designate certain combinations of chemical sources and substances of concern as high priority categories based on the severity of the threat posed by an accidental release or criminal release from the chemical sources.

(2) FACTORS TO BE CONSIDERED- In designating high priority categories under paragraph (1), the Administrator, in consultation with the Attorney General, shall consider--

(A) the severity of the harm that could be caused by an accidental release or a criminal release;

(B) the proximity to population centers;

(C) the threats to national security;

(D) the threats to critical infrastructure;

(E) threshold quantities of substances of concern that pose a serious threat; and

(F) such other safety or security factors as the Administrator, in consultation with the Attorney General, determines to be appropriate.

(3) REQUIREMENTS FOR HIGH PRIORITY CATEGORIES- Not later than 1 year after the date of promulgation of regulations under paragraph (1), the Administrator, in consultation with the Attorney General and State and local agencies responsible for responding to accidental releases and emergency health care, shall promulgate regulations to require each owner and each operator of a chemical source that is within a high priority category designated under paragraph (1) to take adequate actions, including safer design and maintenance of the chemical source, to prevent, control, and minimize the potential consequences of an accidental release or a criminal release of a covered substance of concern.

(4) REVIEW AND REVISIONS- Not later than 5 years after the date of promulgation of regulations under each of paragraphs (1) and (3), the Administrator, in consultation with the Attorney General, shall review the regulations and make any necessary revisions.

(b) ESTABLISHMENT OF DUTY TO PREVENT CRIMINAL RELEASES- Each owner and each operator of a chemical source that is within a high priority category designated under subsection (a) has a general duty with respect to covered substances of concern in the same manner and to the same extent as the duty imposed under section 5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654)--

(1) to identify hazards that may result from an accidental release or a criminal release using appropriate hazard assessment techniques;

(2) to ensure safer design and maintenance of the chemical source by taking such actions as are necessary to prevent accidental releases and criminal releases; and

(3) to minimize the consequences of any accidental release or criminal release that does occur.

SEC. 5. ABATEMENT ACTION.

In addition to any other action taken by a State or local government, if the Administrator or the Attorney General determines that there may be an imminent and substantial endangerment to the public health or welfare or the environment because of a potential accidental release or criminal release from a chemical source, or a failure to provide information or access requested under section 6, the Administrator or the Attorney General may--

(1) secure such relief as is necessary to abate such danger or threat, and the district court of the United States for the district in which the threat occurs shall have jurisdiction to grant such relief as the public interest and the equities of the case may require; or

(2) after notice to the affected State, take other action under this section, including issuing such orders as are necessary to protect public health or welfare or the environment.

SEC. 6. RECORDKEEPING AND ENTRY.

(a) AUTHORITY OF THE ADMINISTRATOR AND ATTORNEY GENERAL-

(1) RECORDS, REPORTS, AND INFORMATION- In carrying out this Act, the Administrator or the Attorney General may require any person that the Administrator or the Attorney General believes may have information relating to a potential accidental release or criminal release from a chemical source, or any person that is subject to any requirement of this Act, on a 1-time, periodic, or continuing basis to--

(A) establish and maintain such records;

(B) make such reports; and

(C) provide such other information; as the Administrator or the Attorney General may reasonably require.

(2) RIGHT OF ENTRY- In carrying out this Act, the Administrator or the Attorney General (or an authorized representative of the Administrator or the Attorney General), on presentation of credentials--

(A) shall have a right of entry to, on, or through any premises of an owner or operator of a chemical source described in paragraph (1) or any premises in which any records required to be maintained under paragraph (1) are located; and

(B) may at reasonable times have access to, and may copy, any records, reports, or other information required under paragraph (1).

(b) AVAILABILITY OF RECORDS, REPORTS, AND INFORMATION TO PUBLIC; DISCLOSURE OF NATIONAL SECURITY SECRETS OR TRADE SECRETS-

(1) IN GENERAL- Except as provided in paragraphs (2) and (3), any record, report, or other information obtained under subsection (a) shall be available to the public.

(2) NATIONAL SECURITY- The Administrator or the Attorney General may not disclose to the public any matter or information authorized to be kept secret in the interest of national defense or national security under section 552 of title 5, United States Code.

(3) TRADE SECRETS-

(A) IN GENERAL- On a showing satisfactory to the Administrator or the Attorney General by any person that the making public of any record, report, or other information, or particular portion thereof, to which the Administrator or the Attorney General has access under subsection (a), would divulge any method or process entitled to protection as a trade secret of the person, the Administrator or the Attorney General shall consider the record, report, or other information or particular portion thereof to be confidential in accordance with section 1905 of title 18, United States Code.

(B) DISCLOSURE FOR PURPOSES OF THIS ACT- Notwithstanding subparagraph (A), the Administrator or the Attorney General may disclose any record, report, or other information considered to be confidential under subparagraph (A) to any other officer, employee, or authorized representative of the United States that is concerned with carrying out this Act or when relevant in any proceeding under this Act.

(c) COMPLIANCE ORDERS-

(1) IN GENERAL- If a person does not consent to any request made by the Administrator or the Attorney General (or an authorized representative of the Administrator or the Attorney General) under subsection (a), the Administrator or the Attorney General may issue an order directing compliance with the request.

(2) NOTICE AND OPPORTUNITY FOR HEARING- An order under paragraph (1) may be issued after such notice and opportunity for hearing as are reasonably appropriate under the circumstances.

SEC. 7. PENALTIES.

(a) CIVIL PENALTIES- Any owner or operator of a chemical source that violates, or fails to comply with, any order issued or any regulation promulgated under this Act may, in an action brought in United States district court, be subject to a civil penalty of not more than $25,000 for each day in which such violation occurs or such failure to comply continues.

(b) CRIMINAL PENALTIES- Any owner or operator of a chemical source that knowingly violates, or fails to comply with, any order issued or any regulation promulgated under this Act shall--

(1) in the case of a first violation or failure to comply, be fined not less than $2,500 nor more than $25,000 per day of violation, imprisoned not more than 1 year, or both; and

(2) in the case of a subsequent violation or failure to comply, be fined not more than $50,000 per day of violation, imprisoned not more than 2 years, or both.

SEC. 8. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

Nothing in this Act affects any duty or other requirement imposed under any other Federal or State law.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.

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