Delegation of Authority To Conduct Assessments and Promulgate Regulations on Public Access to Off-Site Consequence Analysis Information

This memorandum delegates presidential authority under the Clean Air Act to three officials: the Attorney General will assess terrorism risks from posting off-site consequence analysis data online; the EPA Administrator will assess whether public disclosure of such data incentivizes accident risk reduction; and both will jointly issue regulations governing distribution of this information, subject to OMB review. The EPA Administrator must publish the memorandum in the Federal Register.

Federal Register Open PDF 65 FR 8631

Key directives

Attorney General to assess increased terrorism and criminal risk from posting off-site consequence analysis information on the Internet
EPA Administrator to assess incentives for accidental release risk reduction from public disclosure of off-site consequence analysis information
Attorney General and EPA Administrator to jointly promulgate regulations governing distribution of off-site consequence analysis information
Regulations subject to OMB Director review and approval in proposed and final form
EPA Administrator to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

delegation of authority takes effect
EPA Administrator directed to publish memorandum in Federal Register

Near term (90d)

commencement of assessments by Attorney General and EPA Administrator

Long term

promulgation of regulations governing distribution of off-site consequence analysis information

Risks & tensions

Tension between public right-to-know environmental information and security risks of disclosure (terrorism/criminal targeting)
Joint rulemaking by two agencies with different missions (security vs environment) may create coordination challenges
OMB review requirement adds procedural layer that could delay regulations
No explicit deadlines in text create uncertainty about assessment and rulemaking timeline