local agency or entity having responsibility for planning for
or responding to accidental releases which may occur at such
source, and shall be available to the public under section
114(c). The Administrator shall establish, by rule, an
auditing system to regularly review and, if necessary, require
revision in risk management plans to assure that the plans
comply with this subparagraph. Each such plan shall be updated
periodically as required by the Administrator, by rule.
"(C) Any regulations promulgated pursuant to this subsection
shall to the maximum extent practicable, consistent with this
subsection, be consistent with the recommendations and
standards established by the American Society of Mechanical
Engineers (ASME), the American National Standards Institute
(ANSI) or the American Society of Testing Materials (ASTM).
The Administrator shall take into consideration the concerns of
small business in promulgating regulations under this
"(D) In carrying out the authority of this paragraph, the
Administrator shall consult with the Secretary of Labor and the
Secretary of Transportation and shall coordinate any
requirements under this paragraph with any requirements
established for comparable purposes by the Occupational Safety
and Health Administration or the Department of Transportation.
Nothing in this subsection shall be interpreted, construed or
applied to impose requirements affecting, or to grant the
Administrator, the Chemical Safety and Hazard Investigation
Board, or any other agency any authority to regulate (including
requirements for hazard assessment), the accidental release of
radionuclides arising from the construction and operation of
facilities licensed by the Nuclear Regulatory Commission.
"(E) After the effective date of any regulation or
requirement imposed under this subsection, it shall be unlawful
for any person to operate any stationary source subject to such
regulation or requirement in violation of such regulation or
requirement. Each regulation or requirement under
this subsection shall for purposes of sections 113, 114, 116,
120, 304, and 307 and other enforcement provisions of this Act,
be treated as a standard in effect under subsection (d).
"(F) Notwithstanding the provisions of title V or this
section, no stationary source shall be required to apply for,
or operate pursuant to, a permit issued under such title solely
because such source is subject to regulations or requirements
under this subsection.
"(G) In exercising any authority under this subsection, the
Administrator shall not, for purposes of section 653(b)(1) of
title 29 of the United States Code, be deemed to be exercising
statutory authority to prescribe or enforce standards or
regulations affecting occupational safety and health.
"(8) Research on hazard assessments.-The Administrator may
collect and publish information on accident scenarios and
consequences covering a range of possible events for substances
listed under paragraph (3). The Administrator shall establish a
program of long-term research to develop and disseminate
information on methods and techniques for hazard assessment which
may be useful in improving and validating the procedures employed
in the preparation of hazard assessments under this subsection.