ALAWON v8n0048 (May 25, 1999)
URL = http://hegel.lib.ncsu.edu/stacks/serials/alawon/alawon-v8n0048.txt

ALAWON: American Library Association Washington Office Newsline
Volume 8, Number 48
May 25, 1999

In this issue:

ALA Testifies on Access to EPA Data by Federal Depository 
Libraries

On May 19 Tom W. Sloan, director of the Delaware State Library and 
member of the ALA Committee on Legislation, testified on behalf of 
ALA on H.R. 1790, the Chemical Safety Information and Site 
Security Act of 1999, before the House Commerce Subcommittee on 
Health and Environment. 

H.R. 1790 proposes that federal depository libraries provide 
qualified or limited access to the EPA information on risk 
management plans and other EPA information that would be publicly 
available regarding chemical manufacturing sites as authorized in 
the Clean Air Act.  At issue is whether or not worse case scenario 
information about the sites should be publicly available.

EPA had previously indicated that in June of this year the entire 
database would be available online.  However, federal law 
enforcement officials and others have concerns about the potential 
risk of terrorism if the full database, especially the worse case 
scenarios, are publicly available.  

ALA has previously supported the public's right to know and have 
full access to the entire EPA database about these sites.  ALA  
opposes the administration's proposal that would restrict the kind 
of access federal depository libraries would be allowed to 
provide.  H.R. 1790 proposes to limit the types of copying of the 
material, and potentially how many requests and what number of 
sites could be made available to those requesting the data.

Sloan testified:

"In its current form, H.R. 1790 would cause serious problems for 
the nation's Federal depository libraries because this EPA
material would not be freely and fully available to all Federal 
depository library users as required under U.S.C Title 44

"Title 44, Section 1902 requires that all government publications 
of public interest and educational value, except those classified 
for national security, or those required for official use only or 
for strictly administrative or operational purposes, be made 
available to depository libraries."

Sloan also said that ALA believes that the American public is 
entitled to chemical hazard information that will be collected and 
compiled by the EPA.  ALA opposes any restrictions on the access 
to or use of information products by library users.  Further, ALA 
would not agree to the collection or maintenance of records 
identifying individuals who accessed or used such information 
whether through libraries or any other access point for this data 
(such as EPA public reading rooms). Such a procedure is likely in 
violation of many state statutes protecting the privacy and 
confidentiality of the records of library users and others.

To make government information available in federal depository 
libraries, and yet not allow for copying or certain kinds of
uses that would otherwise be legitimate is simply not appropriate 
or possible to implement and enforce in 1,351 different libraries 
throughout the nation. Nor is it feasible to limit access only to 
paper copies when electronic formats may be available.  Sloan also 
argued that it is not appropriate to put depository librarians and 
other library employees at risk of liability and fines or jail 
time, for perceived failure to comply with the requirements of 
this bill.

Also testifying were: Ivon Fong, U.S. Department of Justice; 
Timothy Fields, Office of Solid Waste and Emergency Response, 
Environmental Protection Agency; Robert Burnham, Domestic 
Terrorism Section, Federal Bureau of Investigation; Timothy 
Gablehouse, Jefferson County (CO) LEPC; Lowell Strader, PACE 
Workers International Union; Paul Orum, Working Group on Community 
Right-to-Know; Martin Pfeifer, Metropolitan (D.C.) Police 
Department, Mark Wheatley, Fairfax County (VA) Fire and Rescue 
Department; and Thomas Sussman, Chemical Manufacturers 
Association.

Sloan's full testimony is available online at 
http://www.ala.org/washoff/statements.html

Another hearing on H.R. 1790 may be scheduled before Memorial Day 
recess.

******
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ALA Washington Office, 1301 Pennsylvania Ave., N.W., Suite 403, 
Washington, D.C. 20004-1701; phone: 202.628.8410 or 800.941.8478 
toll-free; fax: 202.628.8419; e-mail: alawash@alawash.org; Web 
site: http://www.ala.org/washoff.  Editor: Lynne E. Bradley; 
Managing Editor: Deirdre Herman; Contributors: Phyllis Albritton, 
Mary Costabile, Carol Henderson, Peter Kaplan, Claudette Tennant 
and Rick Weingarten.