United States
Environmental Protection Agency

United States Department of Justice
Chemical Emergency Preparedness
and Prevention Office
EPA 550-FOO-007
                                     April 2000
Chemical Safety Information,  Site  Security and
Fuels Regulatory  Relief Act: Public Distribution
of Off-Site  Consequence Analysis Information
Proposed Rule
The Environmental Protection Agency and the Department of Justice have proposed regulations
governing public access to information concerning the potential off-site consequences of accidental
chemical releases from industrial facilities. The proposed rule (65 FR 24834, April 27, 2000) is availabl
electronically at http://www.epa.gov/ceppo/h--regs.htm. Off-Site Consequence Analysis (OCA)
information is collected under section 112(r)(7) of the Clean Air Act as part of the Risk Management
Program. The  1999 Chemical Safety Information, Site Security and Fuels Regulatory Relief Act required
the government to assess both the chemical risk reduction benefits of allowing public access to OCA
information and the increased risk of terrorist and other criminal activity from posting the information o
the Internet. Based on these assessments, conducted by EPA and DOJ respectively, the proposed rule
would allow public access to the OCA portions of Risk Management Plans (RMPs) in ways that
minimize the likelihood of chemical accidents as well as  the increased risk of terrorist and criminal
activity associated with Internet posting. Comments on the proposed rule must be received by June 8,
2000.
Overview

While the Internet provides a tremendous benefit
by offering people easy access to a wealth of
information, it also provides an anonymous means
for criminals and terrorists to obtain useful
information  for carrying out traditional criminal
activities.

The proposed rule attempts to address both of
these concerns. All of the OCA information
would be available to the public in some fashion
under the proposal, and some OCA information
would be available through several means.
However, the proposed rule would prohibit the
Internet posting of those pieces of OCA
information  ("data elements") that the risk
assessment determined could significantly
increase  the risk of terrorist or criminal activity.
Likewise, the proposed rule would minimize the
risk associated with providing these sensitive
OCA data elements  to the public by making them
available only in reading rooms.

The proposed rule contains several provisions that
are intended to permit public dialogue about
important risk issues in  local communities and
              enhance awareness of the safety and
              environmental performance of chemical facilities.

              Internet Access

              The proposed rule would make less-sensitive
              OCA data elements available to the public on the
              Internet. RMP*Info, an electronic public access
              database on EPA's website, would include the full
              text of RMPsexcept for the OCA data elements
              that the risk assessment found could significantly
              assist someone in targeting a chemical facility and
              causing a large release.  For example, OCA data
              elements such as the name of chemical involved
              in a release, the quantity of chemical released,
              release duration,  distance to endpoint, residential
              population, and other sensitive  elements would
              not be posted on the Internet.

              Risk Indicator

              Information that is already interpreted, easily
              understood or put into context is far more likely to
              be used by the public to take action that leads to
              risk reduction. To give the public a way to
              understand some  aspects of the risk expressed by
              OCA information without  disclosing the actual

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OCA information itself, the proposal would allow
the public to query a  "risk indicator system" that
would be available on the Internet and by other
means. Individuals would enter an address, and
the risk indicator would tell them whether that
address may be in  the vulnerable zone of any
facilities.  However, the indicator would not
provide the  identity or location of any facility.

Public Reading Rooms

The proposed rule  would require the government
to establish  at least 50 reading rooms where any
member of the public would have read-only
access to OCA information for as many as ten
facilities per month.  Members of the public could
view the OCA information for facilities located
anywhere in the  United  States.  Reading room
locations would  include the ten EPA regional
offices and other federal facilities.

The proposed rule  would also  authorize and
encourage State  Emergency Response
Commissions (SERCs),  Local Emergency
Planning Committees (LEPCs) and local fire
departments to set  up public reading rooms.
These local  reading rooms would provide read-
only access  to OCA information for all facilities
in the LEPC's jurisdiction and for any facility
with a vulnerable zone that extends into the
LEPC's jurisdiction.  Individuals would be
permitted to examine any or all of the OCA
information  for these local facilities.

Answers To Your Questions

Where can I find copies of the assessments that
were completed  by EPA and DOJ?

Copies of the assessments are available on the
Internet at www.epa.gov/ceppo and
www.usdoj.gov.

How would  federal reading room employees
determine whether a member of the public has
viewed OCA information for no more than 10
facilities within a calendar month?
Federal reading rooms would keep daily sign- in
sheets that would record the names of everyone
who requests OCA information, how many
facilities' OCA information they received, and
which facilities those were.  Whenever someone
requests access to OCA information, reading
room personnel would review the sign-in sheets
for that day and the previous days during the
month  to determine whether the individual may
review the requested OCA information.

Would I have to show identification at all reading
rooms?

No.  You would be asked to show identification
only at Federal reading rooms.  Reading rooms
operated  by SERCs, LEPCs  and fire departments
would not be required to request identification.
Identification issued by a federal, state or local
agency, such as a passport or driver's license,
would be acceptable.

/ don't have Internet access. How would I find
out if my home may be in a vulnerable zone?

Members of the public who  do not have access to
the Internet would be able to determine whether
their home may be in a vulnerable zone by calling
the EPA  hotline or by mailing a request to EPA
(see box  on last page).

How would I identify which facilities have a
vulnerable zone that may reach my address?

Any federal reading room and many local reading
rooms would be sources for this information.
Federal, state, and local "covered persons" would
be able to help you easily identify the names of
the facilities whose vulnerable zones may extend
to a specific address.

As an LEPC member, if I share  OCA information
with the public won't I be breaking the law?

The  Chemical  Safety Information, Site Security
and Fuels Regulatory Relief Act currently allows
federal, state and local officials to share any and
all OCA  data elements with the public as long as
they do not distribute or allow mechanical

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replication of the OCA sections of RMPs or
provide access to EPA's OCA database.
(7)
The proposed rule would allow state and local
officials that operate reading rooms to share with
the public the OCA sections of RMPs for facilities
within their jurisdictions and for any facility with
a vulnerable zone that extends into the LEPC's
jurisdiction.

How can I let you know my views on this
proposed rule?

EPA and DOJ are interested in hearing your
comments on all aspects of the proposed rule,
including the overall approach to achieving the
goals of the statute, the  alternatives that are being
considered for public access, and any other
suggestions you may have. For example, we
would  be interested in hearing your views on:

(1)   What types of federal outlets would be
     appropriate as reading rooms?

(2)   Where should reading rooms be located, and
     how should they be dispersed
     geographically?

(3)   How should reading rooms be operated to
     best minimize the risk associated with
     dissemination of OCA information?

(4)   Is the limit of 10 facilities per person per
     month appropriate?

(5)   As an alternative to reading rooms, should
     paper copies of OCA information be
     released to the public upon request, with a
     limit placed  on the number of facilities for
     which any individual could receive OCA
     information in a given period?  What would
     be the security concerns associated with this
     approach, and what steps could be taken to
     address those concerns?

(6)   Is the risk indicator useful?  Should it
     identify facilities by name? Are there any
     risk concerns with  the indicator?
(8)
Should EPA expand its telephone hotline
service to provide facility identification
information?  What security or other
concerns would be associated with the
hotline service?

Should LEPCs or local fire departments  be
authorized to distribute paper copies of OCA
information, or would doing so raise
unacceptable terrorism-related security
concerns?
(9)   Should patrons of LEPC reading rooms be
     required to present identification before they
     are permitted to examine local OCA
     information?

How can I comment on the proposed rule?

A public hearing to discuss the proposal will be
held on May 9, 2000, at 9:00 a.m. at the EPA
Auditorium at Waterside Mall, 401 M Street SW,
Washington, DC 20460. Comments also can be
mailed to EPA, Office of Air & Radiation, Docket
and Information Center, Ariel Rios Building,
M6102, 1200 Pennsylvania Ave.  NW,
Washington, DC 20460, Attn: Docket No. A-
2000- 20. Comments must be received by June 8,
2000.   EPA and DOJ will  consider your
comments as they develop the final rule.
  For More Information on the  Risk
  Management Program ...
  CAA Section 112(r) Hotline
  Monday - Friday, 9 am - 6 pm, EST
  (800) 424-9346 or (703) 412-9810

  CEPPO's homepage at www.epa.gov/ceppo

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