Legislation Introduced to Clarify EPA?s General Duty Clause
Senator David Vitter (R-LA) the ranking Republican member on the Environment and Public Works Committee, introduced legislation that would require EPA to issue both a regulation and guidance to ensure uniform enforcement of the Clean Air Act’s General Duty Clause (GDC) as it pertains to chemical facilities that are required to adopt procedures to prevent accidental releases. The purpose of the bill will be to clarify EPA’s authority and provide transparency and uniformity to enforcement practices. The bill would also preclude use of the GDC to regulate chemical facility security. EPA has been urged by environmental groups to use the GDC for this purpose. Senators James Inhofe (R-OK) and Mike Crapo (R-ID) joined as co-sponsors of the bill. Earlier this year, Rep. Mike Pompeo (R-KS) introduced a companion bill in the House. IME supports this legislation.