---
kind: "section"
citation: "40 C.F.R. § 1400.2"
title: "40"
number: "1400.2"
heading: "Definitions."
url: "https://uscodex.org/cfr/40/1400.2"
---

# §1400.2. Definitions.


For the purposes of this part:

- (a) Accidental release means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source.
- (b) Administrator means the Administrator of the U.S. Environmental Protection Agency or his or her designated representative.
- (c) Attorney General means the Attorney General of the United States or his or her designated representative.
- (d) **Federal government official—** means—
  - (1) An officer or employee of the United States; and
  - (2) **An officer or employee of an agent or contractor of the Federal government.**
- (e) **State or local government official—** means—
  - (1) An officer or employee of a State or local government;
  - (2) An officer or employee of an agent or contractor of a State or local government;
  - (3) An individual affiliated with an entity that has been given, by a state or local government, responsibility for preventing, planning for, or responding to accidental releases, such as a member of a Local Emergency Planning Committee (LEPC) or a State Emergency Response Commission (SERC), or a paid or volunteer member of a fire or police department; or
  - (4) An officer or employee or an agent or contractor of an entity described in [paragraph (e)(3)](#e-3) of this section.
- (f) LEPC means a Local Emergency Planning Committee created under the Emergency Planning and Community Right-to-Know Act, [42 U.S.C. 11001](/usc/42/11001.md) et seq.
- (g) Member of the public or person means an individual.
- (h) Official use means an action of a Federal, State, or local government agency or an entity described in [paragraph (e)(3)](#e-3) of this section intended to carry out a function relevant to preventing, planning for, or responding to accidental releases.
- (i) Off-site consequence analysis (OCA) information means [sections 2 through 5](/cfr/40/2..5.md) of a risk management plan (consisting of an evaluation of one or more worst-case release scenarios or alternative release scenarios) for an identified facility and any electronic database created by the Administrator from those sections.
- (j) Off-site consequence analysis (OCA) data elements means the results of the off-site consequence analysis conducted by a stationary source pursuant to [40 CFR part 68](/cfr/40/part68.md), [subpart B](/cfr/40/subpartB.md), when presented in a format different than [sections 2 through 5](/cfr/40/2..5.md) of a risk management plan or any Administrator-created electronic database.
- (k) Off-site consequence analysis (OCA) rankings means any statewide or national rankings of identified stationary sources derived from OCA information.
- (l) Qualified researcher means a researcher who receives OCA information pursuant to [42 U.S.C. 7412(r)(7)(H)(vii)](/usc/42/7412.md?p=r-7-H-vii).
- (m) Related local government agencies means local government agencies, such as police, fire, emergency management, and planning departments, that are involved in chemical emergency planning, prevention, or response.
- (n) Related state government agencies means State government agencies, such as emergency management, environmental protection, health, and natural resources departments, that are involved in chemical emergency planning, prevention, or response.
- (o) Risk management plan (RMP) means a risk management plan submitted to the Administrator by an owner or operator of a stationary source pursuant to [40 CFR part 68](/cfr/40/part68.md), subpart G.
- (p) SERC means a State Emergency Response Commission created under the Emergency Planning and Community Right-to-Know Act, [42 U.S.C. 11001](/usc/42/11001.md) et seq.
- (q) **State—** has the same meaning as provided in [42 U.S.C. 7602(d)](/usc/42/7602.md?p=d) (a state, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands).
- (r) **Stationary source—** has the same meaning as provided in [40 CFR part 68](/cfr/40/part68.md) [subpart A](/cfr/40/subpartA.md), [§ 68.3](/cfr/40/68.3.md).
- (s) Vulnerable zone means the geographical area that could be affected by a worst-case or alternative scenario release from a stationary source, as indicated by the off-site consequence analysis reported by the stationary source in its risk management plan pursuant to the applicable requirements of [40 CFR Part 68](/cfr/40/part68.md). It is defined as a circle, the center of which is the stationary source and the radius of which is the “distance-to-endpoint,” or the distance a toxic or flammable cloud, overpressure, or radiant heat would travel after being released and before dissipating to the point that it no longer threatens serious short-term harm to people or the environment.

## Notes

### Authority

Authority: 42 U.S.C. 7412(r)(7)(H)(ii).

### Source

Source: 65 FR 48131, Aug. 4, 2000, unless otherwise noted.