- Require EPA to complete a rulemaking process before finding any facility in violation of the General Duty Clause;
- Require definitions of “extremely hazardous substance,” “appropriate hazard assessment techniques,” and “design and maintain a safe facility” in any General Duty Clause regulation;
- Require EPA to issue guidelines to ensure that EPA enforcement procedures are uniform across its Regions;
- Prohibit the EPA from regulating chemical facility security under the General Duty Clause, reinforcing exclusive jurisdiction under the Department of Homeland Security.
- Not enactedThe President has not signed this bill
- The house has not voted
- The senate has not voted
Senate Committee on Environment and Public WorksIntroducedDecember 9th, 2013
- senate Committees
What is it?
This bill deals with Environmental Protection Agency (EPA) regulations of chemical plants and language in the Clean Air Act. Specifically, the bill addresses a provision known as the "General Duty Clause." At present, the clause states that facilities using or possessing chemicals—such as oil and gas producers, refineries, and chemical manufacturers —have a “general duty” to identify hazards which may result from a chemical release and to take “necessary steps” to prevent such releases. Specifically, the bill would:
The bill impacts facilities that harbor chemicals that may be considered hazardous, and EPA regulations thereof.
A CBO cost is currently unavailable.
-Here is the full text of the General Duty Clause:
...The owners and operators of stationary sources producing, processing, handling or storing such substances [i.e., a chemical in 40 CFR part 68 or any other extremely hazardous substance] have a general duty [in the same manner and to the same extent as the general duty clause in the Occupational Safety and Health Act (OSHA)] to identify hazards which may result from (such) releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.