Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see the "Referenced
				Materials" paragraph at the end of this rule.]
(A) Except as otherwise provided in this
			 rule, the definitions in rule
			 3745-15-01 of the
			 Administrative Code  apply to this
			 chapter.
(B) As used in Chapter
			 3745-104 of the Administrative Code:
(1)
			 "Accidental release" means an unanticipated emission of a regulated substance
			 into the ambient air from a stationary source.
(2) "Administrative controls" means written
			 procedural mechanisms used for hazard control.
(3) "AIChE/CCPS" means the American institute
			 of chemical engineers/center for chemical process safety.
(4) "API" means the American petroleum
			 institute.
(5) "Article" means a
			 manufactured item, as defined under
			 29 CFR
			 1910.1200(b), that is formed
			 to a specific shape or design during manufacture, that has end use functions
			 dependent in whole or in part upon the shape or design during end use, and that
			 does not release or otherwise result in exposure to a regulated substance under
			 normal conditions of processing and use.
(6) "ASME" means the American society of
			 mechanical engineers.
(7) "CAS"
			 means the chemical abstracts service.
(8) "Catastrophic release" means a major
			 uncontrolled emission, fire, or explosion, involving one or more regulated
			 substances that presents imminent and substantial endangerment to public health
			 and the environment.
(9) "Clean Air
			 Act Amendments" means the Clean Air Act Amendments of 1990 contained in
			 42 USC
			 7401 to
			 7671q,
			 and regulations adopted under it.
(10) "Condensate" means hydrocarbon liquid
			 separated from natural gas that condenses due to changes in temperature,
			 pressure, or both, and remains liquid at standard conditions.
(11) "Covered process" means a process that
			 has a regulated substance present in an amount that is in excess of the
			 threshold quantity established in rule
			 3745-104-02
			 of the Administrative Code.
(12)
			 "Crude oil" means any naturally occurring, unrefined petroleum
			 liquid.
(13) "DOT" means the United
			 States department of transportation.
(14) "Environmental receptor" means natural
			 areas such as national or state parks, forests, or monuments; federally
			 designated or state-designated wildlife sanctuaries, preserves, refuges, or
			 areas; and federal wilderness areas, that could be exposed at any time to toxic
			 concentrations, radiant heat, or overpressure greater than or equal to the
			 endpoints prescribed in rule
			 3745-104-10
			 of the Administrative Code, as a result of an accidental release and that can
			 be identified on United States geological survey maps.
(15) "Field gas" means gas extracted from a
			 production well before the gas enters a natural gas processing plant.
(16) "Hot work" means work involving electric
			 or gas welding, cutting, brazing, or similar flame or spark-producing
			 operations.
(17) "Injury" means any
			 effect on a human that requires medical treatment or hospitalization and that
			 results from either of the following:
(a) The direct exposure to toxic
			 concentrations, radiant heat, or overpressures resulting from an accidental
			 release.
(b) The
			 direct consequences of a vapor cloud explosion (such as flying glass, debris,
			 and other projectiles) from an accidental release.
(18)
									"LEPC" means
			 local emergency planning committee as established under
			 42
			 USC
			 11001(c).
(19)
			 "Major change" means introduction of a new process, process equipment, or
			 regulated substance, an alteration of process chemistry that results in any
			 change to safe operating limits, or other alteration that introduces a new
			 hazard.
(20) "Mechanical
			 integrity" means the process of ensuring that process equipment is fabricated
			 from the proper materials of construction and is properly installed,
			 maintained, and replaced to prevent failures and accidental releases.
(21)
			 "Medical treatment" means treatment, other than first aid, administered by a
			 physician or registered professional personnel under standing orders from a
			 physician.
(22) "Mitigation" or
			 "mitigation system" means specific activities, technologies, or equipment
			 designed or deployed to capture or control substances upon loss of containment
			 to minimize exposure of the public or the environment. Passive mitigation means
			 equipment, devices, or technologies that function without human, mechanical, or
			 other energy input. Active mitigation means equipment, devices, or technologies
			 that need human, mechanical, or other energy input to function.
(23)
			 "NAICS" means North American industry classification system.
(24)
			 "Natural gas processing plant (gas plant)" means any processing site engaged in
			 the extraction of natural gas liquids from field gas, fractionation of mixed
			 natural gas liquids to natural gas products, or both, classified as North
			 American industrial classification system (NAICS) code 211112 (previously
			 standard industrial classification (SIC) code 1321).
(25) "NFPA" means the
			 national fire protection association.
(26) "Offsite" means
			 areas beyond the property boundary of the stationary source, and areas within
			 the property boundary to which the public has routine and unrestricted access
			 during or outside business hours.
(27) "OSHA" means the
			 United States occupational safety and health administration.
(28)
			 "Owner or operator" means any person who owns, leases, operates, controls, or
			 supervises a stationary source.
(29) "Petroleum
			 refining process unit" means a process unit used in an establishment primarily
			 engaged in petroleum refining as defined in NAICS code 32411 for petroleum
			 refining (formerly SIC code 2911) and used for the following: producing
			 transportation fuels (such as gasoline, diesel fuels, and jet fuels), heating
			 fuels (such as kerosene, fuel gas distillate, and fuel oils), or lubrications;
			 separating petroleum, or separating, cracking, reacting, or reforming
			 intermediate petroleum streams. Examples of such units include, but are not
			 limited to, petroleum based solvent units, alkylation units, catalytic
			 hydrotreating, catalytic hydrorefining, catalytic hydrocracking, catalytic
			 reforming, catalytic cracking, crude distillation, lube oil process
			 processing.
(30) "Population"
			 means the public.
(31) "Process" means
			 any activity involving a regulated substance, including any use, storage,
			 manufacturing, handling, or on-site movement of the substance or any
			 combination of these activities. Any group of vessels that are interconnected,
			 or separate vessels that are located in such a manner that a regulated
			 substance potentially could be involved in a release,
			 and
			 are considered a single process.
(32) "Produced water"
			 means water extracted from the earth from an oil or natural gas production
			 well, or that is separated from oil or natural gas after extraction.
(33)
			 "Public" means any person except employees or contractors at the stationary
			 source.
(34) "Public receptor"
			 means off-site residences, institutions such as schools or hospitals,
			 industrial, commercial, and office building, parks, or recreational areas
			 inhabited or occupied by the public at any time without restriction by the
			 stationary source where members of the public could be exposed to toxic
			 concentrations, radiant heat, or overpressure as a result of an accidental
			 release.
(35) "Regulated
			 substance" means a toxic or flammable substance listed in rule
			 3745-104-04 of
			 the Administrative Code.
(36) "Replacement in
			 kind" means a replacement that satisfies the design specifications.
(37)
			 "Retail facility" means a stationary source 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.
(38) "Risk management
			 plan " or "RMP" means a risk management plan required in rule
			 3745-104-38
			 of the Administrative Code.
(39) "Stationary
			 source" means any buildings, structures, equipment, installations, or
			 substance-emitting stationary activities that belong to the same industrial
			 group as described in the standard industrial classification manual, 1987, that
			 are located on one or more contiguous properties under the control of the same
			 person or persons (or persons under common control), and from which an
			 accidental release may occur. Properties shall not be considered contiguous
			 solely because of a railroad or pipeline right-of-way.
(a) "Stationary source" includes
			 transportation containers that are used for storage not incident to
			 transportation and transportation containers that are connected to equipment at
			 a stationary source for loading and unloading. "Stationary source" does not
			 include the transportation, including storage incident to transportation, of
			 any regulated substance under this chapter. "Stationary source" does not
			 include naturally occurring hydrocarbon reservoirs.
(b) "Transportation" includes, but is not
			 limited to, transportation that is subject to oversight or regulation under 49
			 CFR Part 192, 193, or 195, or to a state natural gas or hazardous liquid
			 program for which the state has in effect a certification to the United States
			 department of transportation under
			 49 USC
			 60105.
(40) "Threshold
			 quantity" means the quantity established for a regulated substance in rule
			 3745-104-02
			 of the Administrative Code that, if exceeded, subject an owner or operator to
			 compliance with this chapter and rules adopted under it.
(41)
			 "Vessel" means any reactor, tank, drum, barrel, cylinder, vat, kettle, boiler,
			 pipe, hose, or other container.
(42) "Worst-case
			 release" means the release of the largest quantity of a regulated substance
			 from a vessel or process line failure that results in the greatest distance to
			 an endpoint defined in rule
			 3745-104-09
			 of the Administrative Code.