[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1400.3]



[Page 860-861]

 

                   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.  1400.3  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



[[Page 861]]



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 Attorney General. 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.