United States
Environmental Protection
Agency
United States Department of Justice
Chemical Emergency Preparedness
and Prevention Office
EPA550-FOO-012
August 2000
Chemical Safety Information, Site Security and
Fuels Regulatory Relief Act: Public Distribution
of Off-Site Consequence Analysis Information
Final Rule
The Environmental Protection Agency (EPA) and the Department of Justice (DOJ) have issued regulations
governing access to, and dissemination of, restricted forms of information about the potential off-site
consequences of accidental chemical releases from industrial facilities. 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.
As required by the 1999 Chemical Safety Information, Site Security and Fuels Regulatory Relief Act
(CSISSFRRA), the federal government conducted assessments of both the increased risk of terrorist and other
criminal activity that would result from posting OCA information on the Internet and the chemical safety benefits
of allowing public access to the information. Based on the assessments, EPA and DOJ have issued a rule that
allows public access to OCA information in ways that are designed to minimize the likelihood of chemical
accidents, the risk associated with Internet posting, and the likelihood of harm to public health and welfare.
Overview
Chemical accidents take a significant toll on life,
property, and the environment each year. However,
a single, successful terrorist attack on a chemical
facility could take a greater toll than would many
accidental chemical releases.
The assessments conducted under CSISSFRRA
found that public access to OCA information would
create incentives for reducing the risk of chemical
accidents, but that Internet access to a database of
OCA information would increase the risk of
intentional releases. The rule minimizes the risk of
chemical releases, however caused, by making OCA
information available to the public in several secure
ways.
The rule provides the public with access to paper
copies of OCA information through at least 50
federal reading rooms distributed across the United
States and its territories. It also provides Internet
access to the OCA data elements that pose the least
serious criminal risk. To help the members of the
public learn about chemical hazards in their
communities, the rule establishes a vulnerable zone
indicator system. In addition, the rule authorizes and
encourages state and local agencies involved in
chemical emergency planning, prevention, or
response to provide the public with read-only access
to OCA information for local facilities.
Access to Paper Copies of OCA Information
At federal reading rooms, any member of the public
will be able to read, although not remove or
mechanically reproduce, a paper copy of OCA
information for up to 10 facilities per calendar
month located anywhere in the country, without
geographical restriction. In addition, any person will
be able to view OCA information for facilities
located in the jurisdiction of the LEPC where the
person lives or works and for any additional facilities
with a vulnerable zone extending into that LEPC's
jurisdiction. The reading rooms will be located at
EPA headquarters in Washington, D.C., and in EPA
regional offices and other federal offices.
State Emergency Response Commissions (SERCs),
Local Emergency Planning Committees (LEPCs),
and related state and local government agencies may
also provide the public with read-only access to
OCA information for local facilities. LEPCs and
local agencies are encouraged to allow any person to
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view OCA information for facilities located in the
LEPC's jurisdiction and for any facility with a
vulnerable zone that extends into the LEPC's
jurisdiction. SERCs and state agencies are
encouraged to allow any person to view the OCA
information that the LEPC where the person lives or
works would be authorized to provide.
Internet Access to Some OCA Data
The rule makes many of the OCA data elements
available to the public on the Internet.
By Dec. 31, 2000, RMP*Info, EPA's Internet-based
system for providing public access to risk
management plans (RMPs), will include the full text
of RMPs except for the OCA data elements that
might significantly assist someone in targeting a
chemical facility. RMP*Info is available at
www. epa. gov/ceppo/
Vulnerable Zone Indicator System (VZIS)
The benefits assessment found that information that
is already interpreted, easily understood, or put into
context is far more likely to spark public awareness
of chemical risks and interest in working with
government and industry to reduce those risks. The
rule allows the public to query an Internet-based
vulnerable zone indicator system to understand better
some of the aspects of the risk expressed by OCA
information without disclosing the information itself.
The indicator system will be available via electronic
mail, a toll-free number, or a mail request for
individuals who do not have Internet access.
Individuals will be able to submit to the system a
specific address (such as that of a home, school, or
place of employment), and the system will inform
them of whether that address might fall within any of
the vulnerable zones reported by RMP facilities. The
system will provide instructions on how to obtain the
names of the facilities that potentially affect the
address of interest.
The indicator is expected to be available as part of
RMP*Info in October.
Answers To Your Questions
When will federal reading rooms be operational?
We anticipate federal reading room access will be
available by Dec. 31, 2000. Check the EPA website
at www.epa.gov/ceppo for a list of reading room
locations and contact information as they become
available.
How can I gain access to OCA information at a
federal reading room?
Some federal reading rooms will operate on a walk-
in basis because OCA information will be
maintained there. Other federal reading rooms will
provide access to OCA information on an
appointment basis. For reading rooms that operate
by appointment, you will need to call a toll-free
number at least three days in advance. During the
call, you will be asked to provide your name,
telephone number, and the names of the facilities for
which you are seeking OCA information. With that
information, your appointment can be scheduled.
Will I need to bring identification to a federal
reading room?
Before you receive access to the OCA information
you request, you will be asked to show photo
identification issued by a federal, state, or local
government agency (for example, a driver's license
or passport). Next, you will be asked to sign in and
certify by signature that you have not received access
to OCA information for more than 10 facilities
located anywhere in the United States during that
calendar month. If you have requested to see OCA
information for local facilities based on where you
live or work, you will be asked to show
documentation of where you live or work.
Can I take copies of the OCA information home?
No. You can read and take handwritten notes from
the paper copy of OCA information provided to you
in a reading room, but you may not remove or
mechanically reproduce the paper copy.
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What if the federal reading rooms are too far
away? Can I view OCA information closer to
home?
There are a variety of ways you can gain access to
OCA information. For instance, your LEPC is
allowed to provide you with read-only access to
OCA information for sources located within the
jurisdiction of your LEPC and for any other
stationary sources that have a vulnerability zone that
extends into your LEPC's jurisdiction. You can find
contact information for your LEPC at
http://www.epa.aov/ceppo/lepclist.htm or by calling
the EPA hotline at (800) 424-9346. Other related
local government agencies, including fire, police,
planning departments, and others that are involved in
chemical emergency planning, prevention, or
response, also may be able to help you. Likewise,
SERCs and related state government agencies are
authorized to provide you with read-only access to
OCA information for the facilities located in the
jurisdiction of the LEPC where you live or work and
for facilities with a vulnerable zone that extends into
that LEPC's jurisdiction. In addition, some OCA
data elements will be available on the Internet.
Finally, some facilities have opted to make their
OCA information available to the public without
restriction. A list of those facilities is available at
http://www.epa. gov/ceppo/oca_rels/pl 106-40.html
When will the vulnerable zone indicator system
(VZIS) be operational?
The VZIS will be operational by Oct. 5, 2000. That
will give EPA time to develop, test and make the
software available.
accident history and the steps that facility is taking to
prevent such accidents. You may also contact the
facility directly to request access to OCA
information, although facilities are not required to
make their OCA information available to the public.
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 and the rule allow state
and local officials to share with the public the data
reported in the OCA portions of RMPs ("OCA data
elements" as defined by the rule) as long as the data
are not conveyed in the format of sections 2 through
5 of an RMP or any electronic database developed by
EPA from those sections. As the rule makes clear,
public distribution of OCA data elements in a
manner consistent with that provision is not illegal
and is not punishable under federal law.
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
How will I know the names of the facilities with a
vulnerable zone that might extend to my address?
The VZIS will give you contact information for
federal, state, and local agencies that can help you
identify the facilities having a vulnerable zone that
might extend to your specific address. You will be
advised through the indicator system that once you
know the name of a facility, you can view the OCA
information for that facility at federal reading rooms
and possibly at state and local agencies. You will
also be informed that RMP*Info can provide you
with information about the facility's chemical
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