H.R. 10108: Hazardous Materials Transparency Act

This bill would require the Secretary of Defense to create new guidance, within one year, for certain defense-related industrial facilities that handle hazardous or potentially dangerous materials. The goal is to improve communication with nearby communities and make emergency planning more consistent.

What facilities would be covered

The bill applies to industrial facilities run by defense contractors or subcontractors that do work for the Department of Defense and handle materials that could pose a serious risk to surrounding areas. This includes facilities involved in manufacturing, storing, testing, processing, or disposing of hazardous materials, explosive materials, propellants, toxic substances, or similar substances that could cause a major release, fire, or explosion.

What the Defense Department would have to require

The guidance would need to require covered facilities to:

• Coordinate regularly with local emergency managers, fire departments, police, and other first responders.
• Designate a person responsible for communicating with local officials and community members.
• Have procedures for notifying local authorities and affected residents after an incident such as a release, fire, or explosion that could threaten public health or safety.
• Provide clear, publicly available information about emergency notifications and protective actions nearby residents should take.
• Hold periodic outreach sessions or informational briefings for local stakeholders about emergency preparedness and community safety.
• Create ways for community members to ask questions or raise concerns about the facility’s operations.
• Continue complying with existing federal environmental and safety laws, including the Clean Air Act, the Emergency Planning and Community Right-to-Know Act, the Resource Conservation and Recovery Act, and the Toxic Substances Control Act.

Reporting to Congress

Within 18 months after enactment, and then once a year for five years, the Secretary of Defense would have to report to the congressional defense committees on:

• How the guidance is being implemented.
• What types of facilities are covered.
• Any significant incidents reported at covered facilities.
• What corrective actions were taken after those incidents.
• Whether any additional legal authority is needed.

The report would generally be unclassified, though it could include a classified annex.

Definitions and incidents

For purposes of the bill, a “significant incident” means an event that causes an evacuation, a public health emergency, or a disaster declaration by a government entity.

Relevant Companies

None found