United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5104)
EPA 550-F99-013
August 1999
www.epa.gov/ceppo/
Chemical Safety Information, Site
Security and Fuels Regulatory Relief Act
Under Section 112(r) of the Clean Air Act (CAA), by June 21,1999, certain facilities
were required to have in place a risk management program and submit a summary
of that program - called a Risk Management Plan (RMP) -to the Environmental
Protection Agency. On Aug. 5,1999, President Clinton signed legislation that
removes from coverage by the RMP program any flammable fuel when used as fuel
or held for sale as fuel by a retail facility. The legislation also limits access to Off-
Site Consequence Analysis (OCA) data that are reported in RMPs by covered
facilities. For one year beginning Aug. 5,1999, OCA information will not be
available to the public except in certain ways. During that one year period, the
federal government will conduct an assessment and issue regulations governing
future public access to OCA data.
What's New?
The recently enacted Chemical Safety
Information, Site Security and Fuels
Regulatory Relief Act establishes new
provisions for reporting and disseminating
information under Section 112(r) of the
Clean Air Act. The law has two distinct
parts that pertain to:
• Flammable fuels; and
• Public access to OCA (also known as
"worst-case scenario") data.
Despite the removal of flammable fuels
from the RMP program, firefighters and
other local emergency responders should
receive information on the potential off-site
effects of accidents involving flammable
fuels. EPA and industry are working with
the National Fire Protection Association
(NFPA), a group that develops fire
protection codes and standards, to ensure
that local responders receive that
information. The new law directs the
General Accounting Office (GAO) to
assess in two years whether this goal has
been accomplished.
Flammable Fuels
Flammable fuels used as fuel or held for
sale as fuel at a retail facility are removed
from coverage by the RMP program.
However, flammable fuels used as a
feedstock or held for sale as fuel at a
wholesale facility are still covered. A retail
facility is a facility "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."
Public Access to OCA Data
The law exempts OCA data from
disclosure under the Freedom of
Information Act (FOIA) and limits its
public availability for at least one year. By
August 5, 2000, the federal government is
to (1) assess the risks of Internet posting
of OCA data and the benefits of public
access to that data, and (2) based on that
assessment, publish regulations governing
public access to OCA data. In the
meantime, EPA is to make publicly
Chemical Emergency Preparedness and Prevention Office
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available the OCA data without facility
identification information, and covered
facilities must conduct public meetings to
provide summaries of their OCA data (see
"Facility Requirements"). If the
government fails to issue regulations by
August 5, 2000, the FOIA exemption
expires.
Major Provisions
The law :
• Exempts OCA information from public
disclosure under FOIA for at least one
year;
• Makes OCA data available to Federal,
State and local officials, including
members of Local Emergency Planning
Committees, for emergency planning and
response purposes;
• Provides for a system for making OCA
data available to qualified researchers;
• Prohibits Federal, State and local
officials and qualified researchers
from publicly releasing OCA data except
as authorized by the law;
• Calls for an assessment and regulations
regarding public access to OCA data
within one year;
• Pre-empts State FOIA laws regarding
public access to OCA data unless data
are collected under State law; and
• Requires reports be submitted to
Congress describing the effectiveness of
the RMP regulations in reducing the risk
of criminally caused releases, the
vulnerability of facilities to criminal and
terrorist activity, and the security of
transportation of substances listed under
CAA Section 112(r).
Facility Requirements
The new law requires every covered
facility to:
• Hold a public meeting to share
information about the local
implications of its RMP, including a
summary of the OCA portion of its
plan. Small businesses can meet
this requirement by publicly posting
the OCA summary;
• Notify the FBI by June 5, 2000,
that it held such a meeting or
posted such a notice within one
year before, or six months after,
Augusts, 1999; and
• Tell EPA if it distributes its OCA
data to the public without
restrictions. EPA is to maintain a
public list of the facilities that have
so distributed their OCA data.
Penalties
The law includes criminal penalties of
up to $ 1 million for violating the
prohibition on unauthorized disclosure
of OCA data.
For More Information
Visit EPA's Chemical Emergency
Preparedness and Prevention Office
homepage at http://www.epa.gov/
ceppo
View RMPs, except for the off-site
consequence analysis data, in
RMP*Info at http://www.epa.gov/
enviro.
Contact the EPCRA hotline: (800)
424-9346 or(703) 412-9810.
Chemical Emergency Preparedness and Prevention Office
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