- 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.
What is Senate Bill S. 88?
Cost of Senate Bill S. 88
In Depth: Rep. James Inhofe (R-OK), a cosponsor of the previous version of this bill, explained in a speech that the bill would prevent the EPA from abusing vague legislation:
“This bill will clarify the authority of the EPA under the provision and provide transparency and uniformity to its enforcement practices to ensure that unwarranted fines and prosecutions are not allowed to continue.”
On the other side of the issue, Tim Murphy at Mother Jones reports that:
“The bill is designed to sap the Environmental Protection Agency of its powers to regulate safety and security at major chemical sites, as prescribed by the Clean Air Act.”
...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.
(Photo Credit: By Trevor MacInnis - Trevor MacInnis, CC BY-SA 2.5, https://commons.wikimedia.org/w/index.php?curid=358103)
General Duty Clarification Act of 2015
A bill to amend the Clean Air Act to clarify the definition of accidental release, and for other purposes.
- Not enactedThe President has not signed this bill
- The house has not voted
- The senate has not voted
Committee on Environment and Public WorksIntroducedJanuary 7th, 2015
- senate Committees