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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