PUBLIC LAW 106-40—AUG. 5, 1999 113 STAT. 207 Public Law 106-40 106th Congress An Act To amend the Clean Air Act to remove flammable luels from the list of substances with respect to which reporting and other activities are required under the risk management plan program, and for other purposes. 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 Safety Information, Site Security and Fuels Regulatory Relief Act". SEC. 2. REMOVAL OF PROPANE SOLD BY RETAILERS AND OTHER FLAMMABLE FUELS FROM RISK MANAGEMENT LIST. Section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is amended— (1) by redesignating subparagraphs (A) through (C) of paragraph (4) as clauses (i) through (iii), respectively, and indenting appropriately; (2) by striking in paragraph (4) "Administrator shall consider each of the following criteria—" and inserting the following: "Administrator— "(A) shall consider—"; (3) in subparagraph (A)(iii) (as designated by paragraphs (1) and (2)), of paragraph (4) by striking the period at the end and inserting "; and"; (4) by adding at the end of paragraph (4) the following: "(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 substance, including the unburned fuel or its combustion byproducts, other than those caused by the heat of the fire or impact of the explosion."; and (5) by inserting the following new subparagraph at the end of paragraph (2): "(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.". Aug. 5, 1999 [S. 880] Chemical Sedety Information, Site Security and Fuels Regulatory Relief Act. 42 USC 7401 note.
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