[Title 40 CFR IV]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter IV - ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF JUSTICE]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT282002-07-012002-07-01falseENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF JUSTICEIVCHAPTER IVPROTECTION OF ENVIRONMENT
  CHAPTER IV--ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF JUSTICE




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     SUBCHAPTER A--ACCIDENTAL RELEASE PREVENTION REQUIREMENTS; RISK 
     MANAGEMENT PROGRAMS UNDER THE CLEAN AIR ACT SECTION 112(R)(7); 
        DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION
Part                                                                Page
1400            Distribution of off-site consequence 
                    analysis information....................         457

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     SUBCHAPTER A--ACCIDENTAL RELEASE PREVENTION REQUIREMENTS; RISK 
     MANAGEMENT PROGRAMS UNDER THE CLEAN AIR ACT SECTION 112(r)(7); 
        DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION



PART 1400--DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION--Table of Contents




                           Subpart A--General

Sec.
1400.1 Purpose.
1400.2 Definitions.

                        Subpart B--Public Access

1400.3 Public access to paper copies of off-site consequence analysis 
          information.
1400.4 Vulnerable zone indicator system.
1400.5 Internet access to certain off-site consequence analysis data 
          elements.
1400.6 Enhanced local access.

   Subpart C--Access to Off-Site Consequence Analysis Information by 
                          Government Officials

1400.7 In general.
1400.8 Access to off-site consequence analysis information by Federal 
          Government officials.
1400.9 Access to off-site consequence analysis information by State and 
          local government officials.

                       Subpart D--Other Provisions

1400.10 Limitation on public dissemination.
1400.11 Limitation on dissemination to State and local government 
          officials.
1400.12 Qualified researchers.
1400.13 Read-only database.

    Authority: 42 U.S.C. 7412(r)(7)(H)(ii).

    Source: 65 FR 48131, Aug. 4, 2000, unless otherwise noted.



                           Subpart A--General



Sec. 1400.1  Purpose.

    Stationary sources subject to the Chemical Accident Prevention 
Provisions of 40 CFR part 68 are required to analyze the potential harm 
to public health and welfare of hypothetical chemical accidents and 
submit the results of their analyses to the U.S. Environmental 
ProtectionAgency as part of risk management plans. This part governs 
access by the public and by government officials to the portions of risk 
management plans containing the results of those analyses and certain 
related materials. This part also restricts dissemination of that 
information by government officials.



Sec. 1400.2  Definitions.

    For the purposes of this part:
    (a) Accidental release means an unanticipated emission of a 
regulated substance or other extremely hazardous substance into the 
ambient air from a stationary source.
    (b) Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his or her designated representative.
    (c) Attorney General means the Attorney General of the United States 
or his or her designated representative.
    (d) Federal government official means--
    (1) An officer or employee of the United States; and
    (2) An officer or employee of an agent or contractor of the Federal 
government.
    (e) State or local government official means--
    (1) An officer or employee of a State or local government;
    (2) An officer or employee of an agent or contractor of a State or 
local government;
    (3) An individual affiliated with an entity that has been given, by 
a state or local government, responsibility for preventing, planning 
for, or responding to accidental releases, such as a member of a Local 
Emergency Planning Committee (LEPC) or a State EmergencyResponse 
Commission (SERC), or a paid or volunteer member of a fire or police 
department; or
    (4) An officer or employee or an agent or contractor of an entity 
described in paragraph (e)(3) of this section.
    (f) LEPC means a Local Emergency Planning Committee created under 
the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. 11001 
et seq.

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    (g) Member of the public or person means an individual.
    (h) Official use means an action of a Federal, State, or local 
government agency or an entity described in paragraph (e)(3) of this 
section intended to carry out a function relevant to preventing, 
planning for, or responding to accidental releases.
    (i) Off-site consequence analysis (OCA) information means sections 2 
through 5 of a risk management plan (consisting of an evaluation of one 
or more worst-case release scenarios or alternative release scenarios) 
for an identified facility and any electronic database created by the 
Administrator from those sections.
    (j) Off-site consequence analysis (OCA) data elements means the 
results of the off-site consequence analysis conducted by a stationary 
source pursuant to 40 CFR part 68, subpart B, when presented in a format 
different than sections 2 through 5 of a risk management plan or 
anyAdministrator-created electronic database.
    (k) Off-site consequence analysis (OCA) rankings means any statewide 
or national rankings of identified stationary sources derived from OCA 
information.
    (l) Qualified researcher means a researcher who receives OCA 
information pursuant to 42 U.S.C. 7412(r)(7)(H)(vii).
    (m) Related local government agencies means local government 
agencies, such as police, fire, emergency management, and planning 
departments, that are involved in chemical emergency planning, 
prevention, or response.
    (n) Related state government agencies means State government 
agencies, such as emergency management, environmental protection, 
health, and natural resources departments, that are involved in chemical 
emergency planning, prevention, or response.
    (o) Risk management plan (RMP) means a risk management plan 
submitted to the Administrator by an owner or operator of a stationary 
source pursuant to 40 CFR part 68, subpart G.
    (p) SERC means a State Emergency Response Commission created under 
the EmergencyPlanning and Community Right-to-Know Act, 42 U.S.C. 11001 
et seq.
    (q) State has the same meaning as provided in 42 U.S.C. 7602(d) (a 
state, the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, and the Commonwealth of the 
Northern Mariana Islands).
    (r) Stationary source has the same meaning as provided in 40 CFR 
part 68 subpart A, Sec. 68.3.
    (s) Vulnerable zone means the geographical area that could be 
affected by a worst-case or alternative scenario release from a 
stationary source, as indicated by the off-site consequence analysis 
reported by the stationary source in its risk management plan pursuant 
to the applicable requirements of 40 CFR Part 68. It is defined as a 
circle, the center of which is the stationary source and the radius of 
which is the ``distance-to-endpoint,'' or the distance a toxic or 
flammable cloud, overpressure, or radiant heat would travel after being 
released and before dissipating to the point that it no longer threatens 
serious short-term harm to people or the environment.



                        Subpart B--Public Access



Sec. 1400.3  Public access to paper copies of off-site consequence analysis information.

    (a) General. The Administrator and the Attorney General shall ensure 
that any member of the public has access to a paper copy of OCA 
information in the manner prescribed by this section.
    (b) Reading-room access. Paper copies of OCA information shall be 
available in at least 50 reading rooms geographically distributed across 
the United States and its territories. The reading rooms shall allow any 
person to read, but not remove or mechanically reproduce, a paper copy 
of OCA information, in accordance with paragraphs (c) through (g) of 
this section and procedures established by the Administrator and 
Attorney General.
    (c) Limited number. Any person shall be provided with access to a 
paper copy of the OCA information for up to 10 stationary sources 
located anywhere in the country, without geographical restriction, in a 
calendar month.
    (d) Additional access. Any person also shall be provided with access 
to a paper

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copy of the OCA information for stationary sources located in the 
jurisdiction of the LEPC where the person lives or works and for any 
other stationary source that has a vulnerable zone that extends into 
that LEPC's jurisdiction.
    (e) Personal identification for access to OCA information without 
geographical restriction. Reading rooms established under this section 
shall provide a person with access to a paper copy of OCA information 
under paragraph (c) of this section only after a reading room 
representative has
    (1) Ascertained the person's identity by viewing photo 
identification issued by a Federal, State, or local government agency to 
the person; and
    (2) Obtained the person's signature on a sign-in sheet and a 
certification that the person has not received access to OCA information 
for more than 10 stationary sources for that calendar month.
    (f) Personal identification for access to local OCA information. 
Reading rooms established under this section shall provide a person with 
access to a paper copy of OCA information under paragraph (d) of this 
section only after a reading room representative has
    (1) Ascertained where the person lives or works by viewing 
appropriate documentation; and
    (2) Obtained the person's signature on a sign-in sheet.
    (g) Record keeping. Reading room personnel shall keep records of 
reading room use and certifications in accordance with procedures 
established by the Administrator and the AttorneyGeneral. These records 
shall be retained for no more than three years. Federal reading rooms 
will not index or otherwise manipulate the sign-in sheets according to 
individuals' names, except in accordance with the Privacy Act.



Sec. 1400.4  Vulnerable zone indicator system.

    (a) In general. The Administrator shall provide access to a 
computer-based indicator that shall inform any person located in any 
state whether an address specified by that person might be within the 
vulnerable zone of one or more stationary sources, according to the data 
reported in RMPs. The indicator also shall provide information about how 
to obtain further information.
    (b) Methods of access. The indicator shall be available on the 
Internet or by request made by telephone or by mail to the Administrator 
to operate the indicator for an address specified by the requestor. 
SERCs, LEPCs, and other related state or local government agencies are 
authorized and encouraged to operate the indicator as well.



Sec. 1400.5  Internet access to certain off-site consequence analysis data elements.

    The Administrator shall include only the following OCA data elements 
in the risk management plan database available on the Internet:
    (a) The concentration of the chemical (RMP Sections 2.1.b; 3.1.b);
    (b) The physical state of the chemical (RMP Sections 2.2; 3.2);
    (c) The statistical model used (RMP Sections 2.3; 3.3; 4.2; 5.2);
    (d) The endpoint used for flammables in the worst-case scenario (RMP 
Section 4.5);
    (e) The duration of the chemical release for the worst-case scenario 
(RMP Section 2.7);
    (f) The wind speed during the chemical release (RMP Sections 2.8; 
3.8);
    (g) The atmospheric stability (RMP Sections 2.9; 3.9);
    (h) The topography of the surrounding area (RMP Sections 2.10; 
3.10);
    (i) The passive mitigation systems considered (RMP Sections 2.15; 
3.15; 4.10; 5.10); and
    (j) The active mitigation systems considered (RMP Sections 3.16; 
5.11).



Sec. 1400.6  Enhanced local access.

    (a) OCA data elements. Consistent with 42 U.S.C. 
7412(r)(7)(H)(xii)(II), members of LEPCs and SERCs, and any other State 
or local government official, may convey to the public OCA data elements 
orally or in writing, as long as the data elements are not conveyed in 
the format of sections 2 through 5 of an RMP or any electronic database 
developed by the Administrator from those sections. Disseminating OCA 
data elements to the public

[[Page 460]]

in a manner consistent with this provision does not violate 42 U.S.C. 
7412(r)(7)(H)(v) and is not punishable under federal law.
    (b) OCA information. (1) LEPCs and related local government agencies 
are authorized and encouraged to allow any member of the public to read, 
but not remove or mechanically copy, a paper copy of the OCA sections of 
RMPs (i.e., sections 2 through 5) for stationary sources located within 
the jurisdiction of the LEPC and for any other stationary source that 
has a vulnerable zone that extends into that jurisdiction.
    (2) LEPCs and related local government agencies that provide read-
only access to the OCA sections of RMPs under this paragraph (b) are not 
required to limit the number of stationary sources for which a person 
can gain access, ascertain a person's identity or place of residence or 
work, or keep records of public access provided.
    (3) SERCs and related state government agencies are authorized and 
encouraged to allow any person to read, but not remove or mechanically 
copy, a paper copy of the OCA sections of RMPs for the same stationary 
sources that the LEPC in whose jurisdiction the person lives or works 
would be authorized to make available to that person under paragraph 
(b)(1) of this section.
    (4) Any LEPC, SERC, or related local or State government agency that 
allows a person to read the OCA sections of RMPs in a manner consistent 
with this paragraph (b) shall not be in violation of 42 U.S.C. 
7412(r)(7)(H)(v) or any other provision of federal law.



   Subpart C--Access to Off-Site Consequence Analysis Information by 
                          Government Officials.



Sec. 1400.7  In general.

    The Administrator shall provide OCA information to government 
officials as provided in this subpart. Any OCA information provided to 
government officials shall be accompanied by a copy of the notice 
prescribed by 42 U.S.C. 7412(r)(7)(H)(vi).



Sec. 1400.8  Access to off-site consequence analysis information by Federal government officials.

    The Administrator shall provide any Federal government official with 
the OCA information requested by the official for official use. The 
Administrator shall provide the OCA information to the official in 
electronic form, unless the official specifically requests the 
information in paper form. The Administrator may charge a fee to cover 
the cost of copyingOCA information in paper form.



Sec. 1400.9  Access to off-site consequence analysis information by State and local government officials.

    (a) The Administrator shall make available to any State or local 
government official for official use the OCA information for stationary 
sources located in the official's state.
    (b) The Administrator also shall make available to any State or 
local government official for official use the OCA information for 
stationary sources not located in the official's state, at the request 
of the official.
    (c) The Administrator shall provide OCA information to a State or 
local government official in electronic form, unless the official 
specifically requests the information in paper form. The Administrator 
may charge a fee to cover the cost of copying OCA information in paper 
form.
    (d) Any State or local government official is authorized to provide, 
for official use, OCA information relating to stationary sources located 
in the official's state to other State or local government officials in 
that state and to State or local government officials in a contiguous 
state.



                       Subpart D--Other Provisions



Sec. 1400.10  Limitation on public dissemination.

    Except as authorized by this part and by 42 U.S.C. 
7412(r)(7)(H)(v)(III), Federal, State, and local government officials, 
and qualified researchers are prohibited from disseminating OCA 
information and OCA rankings to the public. Violation of this provision 
subjects the violator to criminal liability as provided in 42 U.S.C. 
7412(r)(7)(H)(v)

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and civil liability as provided in 42U.S.C. 7413.



Sec. 1400.11  Limitation on dissemination to State and local government officials.

    Except as authorized by this part and by 42 U.S.C. 
7412(r)(7)(H)(v)(III), Federal, State, and local government officials, 
and qualified researchers are prohibited from disseminating OCA 
information to State and local government officials. Violation of this 
provision subjects the violator to civil liability as provided in 42 
U.S.C. 7413.



Sec. 1400.12  Qualified researchers.

    The Administrator is authorized to provide OCA information, 
including facility identification, to qualified researchers pursuant to 
a system developed and implemented under 42U.S.C. 7412(r)(7)(H)(vii), in 
consultation with the Attorney General.



Sec. 1400.13  Read-only database.

    The Administrator is authorized to establish, pursuant to 42 U.S.C. 
7412(r)(7)(H)(viii), an information technology system that makes 
available to the public off-site consequence analysis information by 
means of a central database under the control of the Federal government 
that contains information that users may read, but that provides no 
means by which an electronic or mechanical copy of the information may 
be made.

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