In accordance with Section 112(r) of the Clean Air Act, certain facilities were required to have in place by June 21, 1999, a Risk Management Plan and submit a copy of it to EPA. There was concern that public disclosure of some of the information in these plans would place facilities at risk to terrorists acts. In addition there was recognition that gas stations and other purveyors of flammable fuels should not be subject to the act. Therefore it was no surprise when on August 5, 1999, the president signed into law the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act. What was a surprise, however, was that the law requires facilities who submitted Risk Management Plans to hold a public meeting by February 5, 2000.
Flammable fuels used as a fuel or held for sale at a retail facility are removed from coverage by the Act. But flammable fuels used as a feedstock or held for sale at a wholesale facility remain subject to Section 112(r). A retail facility is defined as one "at which more than one half of the income is obtained from direct sales to end users or at which more than one half of the fuel sold, by volume, is sold through a cylinder exchange program."
The law also restricts the public's access to those sections of the Risk Management Plan that describe the off-site consequences of "worst case" and "alternative releases" from the facilities. It also restricts access to those portions of EPA's electronic data base that are created from those parts of the Risk Management Plans and any statewide or national ranking of identified facilities derived from those parts of the Risk Management Plans. The public access restrictions are in effect until August 5, 2000, during which time EPA is to assess the risks of internet posting of the restricted data and the benefits of public access to that data. It is then to publish regulations governing public access based on that assessment. Facilities can choose to release the restricted information to the public without restrictions. If they do so, they are to notify EPA which is then free to release the information.
The law also requires a covered facility to hold a public meeting by February 5, 2000, to share information about the local implications of its Risk Management Plan, including a summary of the Off-Site Consequence Analysis. Small businesses can publicly post a summary of the Off-Site Consequence Analysis instead of holding a public meeting. A small business is defined as one that employs 100 or fewer individuals; is defined as a "small business concern" under the Small Business Act; is not a major stationary source; does not emit 50 tons or more per year of any regulated pollutant; and emits less than 75 tons per year of all regulated pollutants. Facilities must notify the FBI by June 5, 2000, that it held the required meeting or posted the required summary. If a facility held a public meeting or posted a summary between August 5, 1998, and August 5, 1999, it does not have to do so again.