ARTICLE · 10 AUGUST 2012

Proposed Bill Would Ease Burdens On Stationary Sources And Create More Regulatory Certainty

Bradley Arant Boult Cummings LLP

On August 2, Congressman Mike Pompeo (R-Kansas) introduced a bill designed to provide greater regulatory certainty for companies affected by Section 112(r)(1) of the Clean Air Act.

United StatesEnvironment

Sid Trant

On August 2, Congressman Mike Pompeo (R-Kansas) introduced a bill designed to provide greater regulatory certainty for companies affected by Section 112(r)(1) of the Clean Air Act, commonly known as the General Duty Clause. The General Duty Clause is intended to prevent accidental releases of hazardous substances and to minimize the consequences of any such releases. It states:

"...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

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Proposed Bill Would Ease Burdens On Stationary Sources And Create More Regulatory Certainty

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