CAA section 112(r)(7) required EPA to
promulgate reasonable regulations and appropriate guidance to
provide for the prevention and detection of accidental releases and
for responses to such releases. The regulations include
requirements for submittal of a risk management plan (RMP) to EPA.
The RMP includes information on offsite consequence analyses (OCA)
as well as other elements of the risk management program. On August
5, 1999, the President signed the Chemical Safety Information, Site
Security, and Fuels Regulatory Relief Act (CSISSFRRA). This Act
required the President to promulgate regulations on the
distribution of OCA information (CAA section 112(r)(7)(H)(ii)). The
President delegated to EPA and the Department of Justice (DOJ) the
responsibility to promulgate regulations to govern the
dissemination of OCA information to the public. The final rule
which was published on August 8, 2000 (65 FR 48108) imposed minimal
information collection and record keeping requirements. The federal
government established 55 reading rooms at federal facilities
geographically distributed across the United States and its
territories. At these reading rooms, members of the public are able
to read, but not mechanically copy or remove paper copies of OCA
information for up to 10 stationary sources per calendar month. At
these reading rooms, the members of the public may also have access
to OCA information that the Local Emergency Planning Committee
(LEPC) in whose jurisdiction the person lives or works is
authorized to provide. EPA also established a Vulnerable Zone
Indicator System (VZIS) that informs 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 VZIS is available on the Internet.
Members of the public who do not have access to the Internet are
able to obtain the same information by regular mail request to the
EPA.State government agencies (such as emergency management,
environmental protection, health, and natural resources
departments) can receive OCA data upon request for all facilities
in the state. They are authorized to make the OCA information
available for reading, but not copying mechanically, to members of
the public for the same stationary sources as the LEPC in whose
jurisdiction the person lives or works. If the states choose to
provide this information, they need to verify the person’s address
or place of employment. State agencies are not required to provide
public access to OCA information.
There is a decrease of 15 hours
in the total estimated respondent burden compared with the ICR
currently approved by OMB. This decrease is due to a slight
reduction in the number of state and local agencies requesting OCA
information from EPA.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
1981ss06.docx
State and Local Governments (SERCs & LPECs)