Exhibit 2 CSB Supporting Statement

12/10/2019

Exhibit 2-Statutory Language
Notwithstanding paragraph (1), no standard promulgated under this section prior to November 15, 1990, with
respect to medical research or treatment facilities shall take effect for two years following November 15, 1990,
unless the Administrator makes a determination pursuant to a rulemaking under subsection (d)(9). If the
Administrator determines that the regulatory program established by the Nuclear Regulatory Commission for such
facilities does not provide an ample margin of safety to protect public health, the requirements of this section shall
fully apply to such facilities. If the Administrator determines that such regulatory program does provide an ample
margin of safety to protect the public health, the Administrator is not required to promulgate a standard under this
section for such facilities, as provided in subsection (d)(9).

(r) Prevention of accidental releases
(1) Purpose and general duty
It shall be the objective of the regulations and programs authorized under this subsection to prevent the accidental
release and to minimize the consequences of any such release of any substance listed pursuant to paragraph (3) or
any other extremely hazardous substance. The owners and operators of stationary sources producing, processing,
handling or storing such substances have a general duty in the same manner and to the same extent as section 654
of title 29 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. For purposes of this paragraph, the provisions of section 7604
of this title shall not be available to any person or otherwise be construed to be applicable to this paragraph. Nothing
in this section shall be interpreted, construed, implied or applied to create any liability or basis for suit for
compensation for bodily injury or any other injury or property damages to any person which may result from
accidental releases of such substances.
(2) Definitions
(A) The term "accidental release" means an unanticipated emission of a regulated substance or other extremely
hazardous substance into the ambient air from a stationary source.
(B) The term "regulated substance" means a substance listed under paragraph (3).
(C) The term "stationary source" means any buildings, structures, equipment, installations or substance emitting
stationary activities (i) which belong to the same industrial group, (ii) which are located on one or more contiguous
properties, (iii) which are under the control of the same person (or persons under common control), and (iv) from
which an accidental release may occur.
(D) The term "retail facility" means a stationary source at which more than one-half of the income is obtained from
direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder
exchange program.
(3) List of substances
The Administrator shall promulgate not later than 24 months after November 15, 1990, an initial list of 100
substances which, in the case of an accidental release, are known to cause or may reasonably be anticipated to
cause death, injury, or serious adverse effects to human health or the environment. For purposes of promulgating
such list, the Administrator shall use, but is not limited to, the list of extremely hazardous substances published
under the Emergency Planning and Community Right-to-Know 4 Act of 1986 [42 U.S.C. 11001 et seq.], with such
modifications as the Administrator deems appropriate. The initial list shall include chlorine, anhydrous ammonia,
methyl chloride, ethylene oxide, vinyl chloride, methyl isocyanate, hydrogen cyanide, ammonia, hydrogen sulfide,
toluene diisocyanate, phosgene, bromine, anhydrous hydrogen chloride, hydrogen fluoride, anhydrous sulfur
dioxide, and sulfur trioxide. The initial list shall include at least 100 substances which pose the greatest risk of
causing death, injury, or serious adverse effects to human health or the environment from accidental releases.
Regulations establishing the list shall include an explanation of the basis for establishing the list. The list may be
revised from time to time by the Administrator on the Administrator's own motion or by petition and shall be reviewed
at least every 5 years. No air pollutant for which a national primary ambient air quality standard has been established
shall be included on any such list. No substance, practice, process, or activity regulated under subchapter VI shall
be subject to regulations under this subsection. The Administrator shall establish procedures for the addition and
deletion of substances from the list established under this paragraph consistent with those applicable to the list in
subsection (b).
(4) Factors to be considered
In listing substances under paragraph (3), the Administrator(A) shall consider(i) the severity of any acute adverse health effects associated with accidental releases of the substance;
(ii) the likelihood of accidental releases of the substance; and
(iii) the potential magnitude of human exposure to accidental releases of the substance; and
(B) shall not list a flammable substance when used as a fuel or held for sale as a fuel at a retail facility under
this subsection solely because of the explosive or flammable properties of the substance, unless a fire or
explosion caused by the substance will result in acute adverse health effects from human exposure to the
22/36

12/10/2019

substance, including the unburned fuel or its combustion byproducts, other than those caused by the heat of the
fire or impact of the explosion.
(5) Threshold quantity
At the time any substance is listed pursuant to paragraph (3), the Administrator shall establish by rule, a threshold
quantity for the substance, taking into account the toxicity, reactivity, volatility, dispersibility, combustibility, or
flammability of the substance and the amount of the substance which, as a result of an accidental release, is known
to cause or may reasonably be anticipated to cause death, injury or serious adverse effects to human health for
which the substance was listed. The Administrator is authorized to establish a greater threshold quantity for, or to
exempt entirely, any substance that is a nutrient used in agriculture when held by a farmer.
(6) Chemical Safety Board
(A) There is hereby established an independent safety board to be known as the Chemical Safety and Hazard
Investigation Board.
(B) The Board shall consist of 5 members, including a Chairperson, who shall be appointed by the President, by
and with the advice and consent of the Senate. Members of the Board shall be appointed on the basis of technical
qualification, professional standing, and demonstrated knowledge in the fields of accident reconstruction, safety
engineering, human factors, toxicology, or air pollution regulation. The terms of office of members of the Board shall
be 5 years. Any member of the Board, including the Chairperson, may be removed for inefficiency, neglect of duty, or
malfeasance in office. The Chairperson shall be the Chief Executive Officer of the Board and shall exercise the
executive and administrative functions of the Board.
(C) The Board shall(i) investigate (or cause to be investigated), determine and report to the public in writing the facts, conditions,
and circumstances and the cause or probable cause of any accidental release resulting in a fatality, serious injury
or substantial property damages;
(ii) issue periodic reports to the Congress, Federal, State and local agencies, including the Environmental
Protection Agency and the Occupational Safety and Health Administration, concerned with the safety of chemical
production, processing, handling and storage, and other interested persons recommending measures to reduce
the likelihood or the consequences of accidental releases and proposing corrective steps to make chemical
production, processing, handling and storage as safe and free from risk of injury as is possible and may include in
such reports proposed rules or orders which should be issued by the Administrator under the authority of this
section or the Secretary of Labor under the Occupational Safety and Health Act [29 U.S.C. 651 et seq.] to prevent
or minimize the consequences of any release of substances that may cause death, injury or other serious adverse
effects on human health or substantial property damage as the result of an accidental release; and
(iii) establish by regulation requirements binding on persons for reporting accidental releases into the ambient
air subject to the Board's investigatory jurisdiction. Reporting releases to the National Response Center, in lieu of
the Board directly, shall satisfy such regulations. The National Response Center shall promptly notify the Board of
any releases which are within the Board's jurisdiction.
(D) The Board may utilize the expertise and experience of other agencies.
(E) The Board shall coordinate its activities with investigations and studies conducted by other agencies of the
United States having a responsibility to protect public health and safety. The Board shall enter into a memorandum
of understanding with the National Transportation Safety Board to assure coordination of functions and to limit
duplication of activities which shall designate the National Transportation Safety Board as the lead agency for the
investigation of releases which are transportation related. The Board shall not be authorized to investigate marine oil
spills, which the National Transportation Safety Board is authorized to investigate. The Board shall enter into a
memorandum of understanding with the Occupational Safety and Health Administration so as to limit duplication of
activities. In no event shall the Board forego an investigation where an accidental release causes a fatality or serious
injury among the general public, or had the potential to cause substantial property damage or a number of deaths or
injuries among the general public.
(F) The Board is authorized to conduct research and studies with respect to the potential for accidental releases,
whether or not an accidental release has occurred, where there is evidence which indicates the presence of a
potential hazard or hazards. To the extent practicable, the Board shall conduct such studies in cooperation with other
Federal agencies having emergency response authorities, State and local governmental agencies and associations
and organizations from the industrial, commercial, and nonprofit sectors.
(G) No part of the conclusions, findings, or recommendations of the Board relating to any accidental release or the
investigation thereof shall be admitted as evidence or used in any action or suit for damages arising out of any
matter mentioned in such report.
(H) Not later than 18 months after November 15, 1990, the Board shall publish a report accompanied by
recommendations to the Administrator on the use of hazard assessments in preventing the occurrence and
minimizing the consequences of accidental releases of extremely hazardous substances. The recommendations
shall include a list of extremely hazardous substances which are not regulated substances (including threshold
quantities for such substances) and categories of stationary sources for which hazard assessments would be an
appropriate measure to aid in the prevention of accidental releases and to minimize the consequences of those
releases that do occur. The recommendations shall also include a description of the information and analysis which
23/36

12/10/2019

would be appropriate to include in any hazard assessment. The Board shall also make recommendations with
respect to the role of risk management plans as required by paragraph (8)(B) 5 in preventing accidental releases.
The Board may from time to time review and revise its recommendations under this subparagraph.
(I) Whenever the Board submits a recommendation with respect to accidental releases to the Administrator, the
Administrator shall respond to such recommendation formally and in writing not later than 180 days after receipt
thereof. The response to the Board's recommendation by the Administrator shall indicate whether the Administrator
will(i) initiate a rulemaking or issue such orders as are necessary to implement the recommendation in full or in
part, pursuant to any timetable contained in the recommendation; 6
(ii) decline to initiate a rulemaking or issue orders as recommended.
Any determination by the Administrator not to implement a recommendation of the Board or to implement a
recommendation only in part, including any variation from the schedule contained in the recommendation, shall be
accompanied by a statement from the Administrator setting forth the reasons for such determination.
(J) The Board may make recommendations with respect to accidental releases to the Secretary of Labor.
Whenever the Board submits such recommendation, the Secretary shall respond to such recommendation formally
and in writing not later than 180 days after receipt thereof. The response to the Board's recommendation by the
Administrator 7 shall indicate whether the Secretary will(i) initiate a rulemaking or issue such orders as are necessary to implement the recommendation in full or in
part, pursuant to any timetable contained in the recommendation; 6
(ii) decline to initiate a rulemaking or issue orders as recommended.
Any determination by the Secretary not to implement a recommendation or to implement a recommendation only in
part, including any variation from the schedule contained in the recommendation, shall be accompanied by a
statement from the Secretary setting forth the reasons for such determination.
(K) Within 2 years after November 15, 1990, the Board shall issue a report to the Administrator of the
Environmental Protection Agency and to the Administrator of the Occupational Safety and Health Administration
recommending the adoption of regulations for the preparation of risk management plans and general requirements
for the prevention of accidental releases of regulated substances into the ambient air (including recommendations
for listing substances under paragraph (3)) and for the mitigation of the potential adverse effect on human health or
the environment as a result of accidental releases which should be applicable to any stationary source handling any
regulated substance in more than threshold amounts. The Board may include proposed rules or orders which should
be issued by the Administrator under authority of this subsection or by the Secretary of Labor under the
Occupational Safety and Health Act [29 U.S.C. 651 et seq.]. Any such recommendations shall be specific and shall
identify the regulated substance or class of regulated substances (or other substances) to which the
recommendations apply. The Administrator shall consider such recommendations before promulgating regulations
required by paragraph (7)(B).
(L) The Board, or upon authority of the Board, any member thereof, any administrative law judge employed by or
assigned to the Board, or any officer or employee duly designated by the Board, may for the purpose of carrying out
duties authorized by subparagraph (C)(i) hold such hearings, sit and act at such times and places, administer such oaths, and require by subpoena or
otherwise attendance and testimony of such witnesses and the production of evidence and may require by order
that any person engaged in the production, processing, handling, or storage of extremely hazardous substances
submit written reports and responses to requests and questions within such time and in such form as the Board
may require; and
(ii) upon presenting appropriate credentials and a written notice of inspection authority, enter any property where
an accidental release causing a fatality, serious injury or substantial property damage has occurred and do all
things therein necessary for a proper investigation pursuant to subparagraph (C) and inspect at reasonable times
records, files, papers, processes, controls, and facilities and take such samples as are relevant to such
investigation.
Whenever the Administrator or the Board conducts an inspection of a facility pursuant to this subsection, employees
and their representatives shall have the same rights to participate in such inspections as provided in the
Occupational Safety and Health Act [29 U.S.C. 651 et seq.].
(M) In addition to that described in subparagraph (L), the Board may use any information gathering authority of the
Administrator under this chapter, including the subpoena power provided in section 7607(a)(1) of this title.
(N) The Board is authorized to establish such procedural and administrative rules as are necessary to the exercise
of its functions and duties. The Board is authorized without regard to section 6101 of title 41 to enter into contracts,
leases, cooperative agreements or other transactions as may be necessary in the conduct of the duties and
functions of the Board with any other agency, institution, or person.
(O) After the effective date of any reporting requirement promulgated pursuant to subparagraph (C)(iii) it shall be
unlawful for any person to fail to report any release of any extremely hazardous substance as required by such
subparagraph. The Administrator is authorized to enforce any regulation or requirements established by the Board
24/36

12/10/2019

pursuant to subparagraph (C)(iii) using the authorities of sections 7413 and 7414 of this title. Any request for
information from the owner or operator of a stationary source made by the Board or by the Administrator under this
section shall be treated, for purposes of sections 7413, 7414, 7416, 7420, 7603, 7604 and 7607 of this title and any
other enforcement provisions of this chapter, as a request made by the Administrator under section 7414 of this title
and may be enforced by the Chairperson of the Board or by the Administrator as provided in such section.
(P) The Administrator shall provide to the Board such support and facilities as may be necessary for operation of
the Board.
(Q) Consistent with subsection 8 (G) and section 7414(c) of this title any records, reports or information obtained
by the Board shall be available to the Administrator, the Secretary of Labor, the Congress and the public, except that
upon a showing satisfactory to the Board by any person that records, reports, or information, or particular part
thereof (other than release or emissions data) to which the Board has access, if made public, is likely to cause
substantial harm to the person's competitive position, the Board shall consider such record, report, or information or
particular portion thereof confidential in accordance with section 1905 of title 18, except that such record, report, or
information may be disclosed to other officers, employees, and authorized representatives of the United States
concerned with carrying out this chapter or when relevant under any proceeding under this chapter. This
subparagraph does not constitute authority to withhold records, reports, or information from the Congress.
(R) Whenever the Board submits or transmits any budget estimate, budget request, supplemental budget request,
or other budget information, legislative recommendation, prepared testimony for congressional hearings,
recommendation or study to the President, the Secretary of Labor, the Administrator, or the Director of the Office of
Management and Budget, it shall concurrently transmit a copy thereof to the Congress. No report of the Board shall
be subject to review by the Administrator or any Federal agency or to judicial review in any court. No officer or
agency of the United States shall have authority to require the Board to submit its budget requests or estimates,
legislative recommendations, prepared testimony, comments, recommendations or reports to any officer or agency
of the United States for approval or review prior to the submission of such recommendations, testimony, comments
or reports to the Congress. In the performance of their functions as established by this chapter, the members,
officers and employees of the Board shall not be responsible to or subject to supervision or direction, in carrying out
any duties under this subsection, of any officer or employee or agent of the Environmental Protection Agency, the
Department of Labor or any other agency of the United States except that the President may remove any member,
officer or employee of the Board for inefficiency, neglect of duty or malfeasance in office. Nothing in this section shall
affect the application of title 5 to officers or employees of the Board.
(S) The Board shall submit an annual report to the President and to the Congress which shall include, but not be
limited to, information on accidental releases which have been investigated by or reported to the Board during the
previous year, recommendations for legislative or administrative action which the Board has made, the actions which
have been taken by the Administrator or the Secretary of Labor or the heads of other agencies to implement such
recommendations, an identification of priorities for study and investigation in the succeeding year, progress in the
development of risk-reduction technologies and the response to and implementation of significant research findings
on chemical safety in the public and private sector.
(7) Accident prevention
(A) In order to prevent accidental releases of regulated substances, the Administrator is authorized to promulgate
release prevention, detection, and correction requirements which may include monitoring, record-keeping, reporting,
training, vapor recovery, secondary containment, and other design, equipment, work practice, and operational
requirements. Regulations promulgated under this paragraph may make distinctions between various types, classes,
and kinds of facilities, devices and systems taking into consideration factors including, but not limited to, the size,
location, process, process controls, quantity of substances handled, potency of substances, and response
capabilities present at any stationary source. Regulations promulgated pursuant to this subparagraph shall have an
effective date, as determined by the Administrator, assuring compliance as expeditiously as practicable.
(B)(i) Within 3 years after November 15, 1990, the Administrator shall promulgate reasonable regulations and
appropriate guidance to provide, to the greatest extent practicable, for the prevention and detection of accidental
releases of regulated substances and for response to such releases by the owners or operators of the sources of
such releases. The Administrator shall utilize the expertise of the Secretaries of Transportation and Labor in
promulgating such regulations. As appropriate, such regulations shall cover the use, operation, repair, replacement,
and maintenance of equipment to monitor, detect, inspect, and control such releases, including training of persons in
the use and maintenance of such equipment and in the conduct of periodic inspections. The regulations shall include
procedures and measures for emergency response after an accidental release of a regulated substance in order to
protect human health and the environment. The regulations shall cover storage, as well as operations. The
regulations shall, as appropriate, recognize differences in size, operations, processes, class and categories of
sources and the voluntary actions of such sources to prevent such releases and respond to such releases. The
regulations shall be applicable to a stationary source 3 years after the date of promulgation, or 3 years after the date
on which a regulated substance present at the source in more than threshold amounts is first listed under paragraph
(3), whichever is later.
(ii) The regulations under this subparagraph shall require the owner or operator of stationary sources at which a
regulated substance is present in more than a threshold quantity to prepare and implement a risk management plan
to detect and prevent or minimize accidental releases of such substances from the stationary source, and to provide
a prompt emergency response to any such releases in order to protect human health and the environment. Such
25/36