[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1400.6]

[Page 459-460]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
  CHAPTER IV--ENVIRONMENTAL PROTECTION AGENCY AND DEPARTMENT OF JUSTICE
 
PART 1400--DISTRIBUTION OF OFF-SITE CONSEQUENCE ANALYSIS INFORMATION--Table of Contents
 
                        Subpart B--Public Access
 
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.