Section 304 of the Clean Air Act Amendments

Bill Text - 101st Congress (1989-1990) - THOMAS (Library of Congress)

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101st Congress (1989-1990)
S.1630.ENR
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S.1630
To amend the Clean Air Act to provide for attainment and maintenance of health
(Enrolled Bill [Final as Passed Both House and Senate] - ENR)
is section.

SEC. 304. CHEMICAL PROCESS SAFETY MANAGEMENT.
(a) CHEMICAL PROCESS SAFETY STANDARD- The Secretary of Labor shall act under the
Occupational Safety and Health Act of 1970 (29 U.S.C. 653) to prevent accidental releases
of chemicals which could pose a threat to employees. Not later than 12 months after the
date of enactment of the Clean Air Act Amendments of 1990, the Secretary of Labor, in
coordination with the Administrator of the Environmental Protection Agency, shall
promulgate, pursuant to the Occupational Safety and Health Act, a chemical process safety
standard designed to protect employees from hazards associated with accidental releases of
highly hazardous chemicals in the workplace.
(b) LIST OF HIGHLY HAZARDOUS CHEMICALS- The Secretary shall include as part of such
standard a list of highly hazardous chemicals, which include toxic, flammable, highly
reactive and explosive substances. The list of such chemicals may include those chemicals
listed by the Administrator under section 302 of the Emergency Planning and Community
Right to Know Act of 1986. The Secretary may make additions to such list when a
substance is found to pose a threat of serious injury or fatality in the event of an accidental
release in the workplace.
(c) ELEMENTS OF SAFETY STANDARD- Such standard shall, at minimum, require employers
to-(1) develop and maintain written safety information identifying workplace chemical
and process hazards, equipment used in the processes, and technology used in the
processes;
(2) perform a workplace hazard assessment, including, as appropriate, identification
of potential sources of accidental releases, an identification of any previous release
within the facility which had a likely potential for catastrophic consequences in the
workplace, estimation of workplace effects of a range of releases, estimation of the
health and safety effects of such range on employees;
(3) consult with employees and their representatives on the development and conduct

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Bill Text - 101st Congress (1989-1990) - THOMAS (Library of Congress)

of hazard assessments and the development of chemical accident prevention plans
and provide access to these and other records required under the standard;
(4) establish a system to respond to the workplace hazard assessment findings, which
shall address prevention, mitigation, and emergency responses;
(5) periodically review the workplace hazard assessment and response system;
(6) develop and implement written operating procedures for the chemical process
including procedures for each operating phase, operating limitations, and safety and
health considerations;
(7) provide written safety and operating information to employees and train
employees in operating procedures, emphasizing hazards and safe practices;
(8) ensure contractors and contract employees are provided appropriate information
and training;
(9) train and educate employees and contractors in emergency response in a manner
as comprehensive and effective as that required by the regulation promulgated
pursuant to section 126(d) of the Superfund Amendments and Reauthorization Act;
(10) establish a quality assurance program to ensure that initial process related
equipment, maintenance materials, and spare parts are fabricated and installed
consistent with design specifications;
(11) establish maintenance systems for critical process related equipment including
written procedures, employee training, appropriate inspections, and testing of such
equipment to ensure ongoing mechanical integrity;
(12) conduct pre-start-up safety reviews of all newly installed or modified equipment;
(13) establish and implement written procedures to manage change to process
chemicals, technology, equipment and facilities; and
(14) investigate every incident which results in or could have resulted in a major
accident in the workplace, with any findings to be reviewed by operating personnel
and modifications made if appropriate.
(d) STATE AUTHORITY- Nothing in this section may be construed to diminish the authority
of the States and political subdivisions thereof as described in section 112(r)(11) of the
Clean Air Act.

SEC. 305. SOLID WASTE COMBUSTION.
(a) Part A of title I of the Clean Air Act is amended by adding the following new section at
the end thereof:

`SEC. 129. SOLID WASTE COMBUSTION.
`(a) NEW SOURCE PERFORMANCE STANDARDS`(1) IN GENERAL- (A) The Administrator shall establish performance standards and
other requirements pursuant to section 111 and this section for each category of solid
waste incineration units. Such standards shall include emissions limitations and other
requirements applicable to new units and guidelines (under section 111(d) and this
section) and other requirements applicable to existing units.
`(B) Standards under section 111 and this section applicable to solid waste

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