EPA Proposes Data Availability in Reading Rooms


		AcuSafe -> May 2000 Newsletter
		EPA Proposes Data Availability in Reading Rooms

Release of information deferred

In late April, EPA proposed changes (Click here for a copy of the Federal Register) to the Clean Air Act Amendments (40 CFR Part 68) related to the Offsite Consequence Analysis (OCA) provisions for public access to the data. Last year, access to OCA data was deferred to allow EPA and the Department of Justice to develop guidelines to minimize potential terrorist usage of the data (Chemical Safety Information, Site Security and Fuels Regulatory Relief Act - CSISSFRRA).

ID Required

40 CFR Part 1400, "DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION," addresses these concerns while attempting to balance the public's right-to-know about potentially hazardous chemical installations. The proposed changes would allow members of the public to access OCA data in a "reading room" environment. A minimum of fifty reading rooms would be developed across the United States for this purpose. A member of the public would have to present identification for access to the OCA materials and would be able to access up to ten OCA data sets for stationary sources in a calendar month. A member of the public can also access OCA data through a local fire department or LEPC. In either the reading room environment or through the local fire department or LEPC, members of the public cannot remove OCA's or mechanically reproduce them.

Riskometer?

The EPA Administrator is also tasked with developing a "risk indicator system" that will allow members of the public with access by internet, telephone, or mail to find out if an address falls within the vulnerable zone of one or more stationary sources.

But Still Some Limits

Internet access to selected OCA data will be made available. The selected data will be limited to:

The concentration of the chemical (RMP Sections 2.1.b; 3.1.b);
The physical state of the chemical (RMP Sections 2.2; 3.2);
The statistical model used (RMP Sections 2.3; 3.3; 4.2; 5.2);
Endpoint used for flammables in the worst-case scenario (RMP Section 4.5);
The duration of the chemical release for the worst-case scenario (RMP Section 2.7);
Wind speed during the chemical release (RMP Sections 2.8; 3.8);
The atmospheric stability (RMP Sections 2.9; 3.9);
The topography of the surrounding area (RMP Sections 2.10; 3.10);
The passive mitigation systems considered (RMP Sections 2.15; 3.15; 4.10; 5.10); and,
The active mitigation systems considered (RMP Sections 3.16; 5.11).

But Full Data Still Available

Federal, state, and local government officials will have access to the OCA data as restricted under CSISSFRRA. "Qualified researchers" will continue to have access to the OCA data as defined under CSISSFRRA. And many state programs have determined that their information may not be covered by these rules.