Environmental Security and P2

[Natalie Roy <NatalieRoy@compuserve.com>]

This bill has been getting some ink here in town and some interest because
of the environmental security element.  There is definitely P2 potential
here.  NPPR would like to know your thoughts on this important topic,
especially on the P2 possibilities.  NPPR now has a new Environmental
Security and P2  Task Force, headed up by Sharon Baxter of VA DEQ.  The
group is exploring a whole range of possible activities including reviewing
relevant legislation.   Thanks for your feedback. 
Natalie Roy NPPR

Chemical Security Act of 2001 (Introduced in 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 



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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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