reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-55 - NO[x] applicability

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates and
				availability of non-regulatory government publications, publications of
				recognized organizations and associations, federal rules, and federal statutory
				provisions referenced in this rule, see paragraph (C) of rule
				3745-103-01
				of the Administrative Code titled "Referenced materials."]
(A) Except as provided in paragraphs (B) to
			 (D) of this rule, the provisions apply to each coal-fired utility unit that is
			 subject to an acid rain emissions limitation or reduction requirement for
			 SO2 under phase I or phase II pursuant to Sections 404,
			 405, or 409 of the Clean Air Act.
(B) The emission limitations for
			 NOx under rules 3745-103-55 to
			 3745-103-66 of the
Administrative Code apply to each affected coal-fired utility
				unit subject to Section 404(d) or 409(b) of the Clean Air Act on the date the
				unit is required to meet the acid rain emissions reduction requirement for
				SO2.
(C) The provisions of rules 3745-103-55 to
			 3745-103-66 of the Administrative Code apply to each
			 coal-fired substitution unit or compensating unit, designated and approved by
			 USEPA as a phase I unit pursuant to
			 40 CFR
			 72.41 or
			 40 CFR
			 72.43 as follows:
(1) A coal-fired substitution unit that is
			 designated in a substitution plan that is approved by USEPA and active as of
			 January 1, 1995 shall be treated as a phase I coal-fired utility unit for
			 purposes of this rule. In the event the designation of such unit as a
			 substitution unit is terminated after December 31, 1995, pursuant to
			 40 CFR
			 72.41 and the unit is no longer required to
			 meet phase I SO2 emissions
			 limitations, the provisions of this part shall continue to
			 apply.
(2) A coal-fired
			 substitution unit that is designated in a substitution plan that is not
			 approved by USEPA or not active as of January 1, 1995, or a coal-fired
			 compensating unit, shall be treated as a phase II coal-fired utility unit for
			 purposes of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-56 - General acid rain program provisions

Current through all regulations passed and filed through July 1, 2024
(A) All of the following provisions of this
			 chapter  apply to rules
			 3745-103-55 and
			 3745-103-57 to
			 3745-103-66 of the
			 Administrative Code:
(1) Rule
			 3745-103-01 of the
			 Administrative Code (definitions and incorporation by reference).
(2) Rule
			 3745-103-02 of the
			 Administrative Code (applicability).
(3) Rule
			 3745-103-04 of the
			 Administrative Code (retired units exemption).
(4) Rule
			 3745-103-05 of the
			 Administrative Code (standard requirements).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-57 - NO[x] emission limitations for group one phase I boilers

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates and
				availability of non-regulatory government publications, publications of
				recognized organizations and associations, federal rules, and federal statutory
				provisions referenced in this rule, see paragraph (C) of rule
				3745-103-01
				of the Administrative Code titled "Referenced materials."]
(A) Beginning January 1, 1996, or for a unit
			 subject to section 404(D) of the Clean Air
Act, the date on which the unit is required to meet acid rain
				emission reduction requirements for SO2, the owner or
				operator of a phase I coal-fired utility unit with a tangentially fired boiler
				or a dry bottom wall-fired boiler (other than units applying cell burner
				technology) shall not discharge, or allow to be discharged, emissions of
				NOx to the atmosphere in excess of the following limits,
				except as provided in paragraph (C) or (E) of this rule or in rule
				3745-103-62
				or
				3745-103-63
				of the Administrative Code:
(1)
			 Forty-five hundredths pound per MMBtu of heat input on an annual average basis
			 for tangentially fired boilers.
(2)
			 Fifty hundredths pound per MMBtu of heat input on an annual average basis for
			 dry bottom wall-fired boilers (other than units applying cell burner
			 technology).
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-58 - NO[x] emission limitations for group two boilers

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates and
				availability of non-regulatory government publications, publications of
				recognized organizations and associations, federal rules, and federal statutory
				provisions referenced in this rule, see paragraph (C) of rule
				3745-103-01
				of the Administrative Code titled "Referenced materials."]
(A) Beginning January 1, 2000 or, for a unit
			 subject to Section 409(b) of the Clean Air
Act, the date on which the unit is required to meet acid rain
				emission reduction requirements for SO2, the owner or
				operator of a group two coal-fired boiler with a cell burner boiler, cyclone
				boiler, a wet bottom boiler, or a vertically fired boiler shall not discharge,
				or allow to be discharged, emissions of NOx to the
				atmosphere in excess of the following limits, except as provided in rule
				3745-103-62
				or
				3745-103-63
				of the Administrative Code:
(1)
			 Sixty-eight hundredths pound per MMBtu of heat input on an annual average basis
			 for cell burner boilers. The NOx emission control
			 technology on which the emission limitation is based is plug-in combustion
			 controls or non-plug-in combustion controls. Except as provided in paragraph
			 (D) of rule
			 3745-103-57
			 of the Administrative Code, the owner or operator of a unit with a cell burner
			 boiler that installs non-plug-in combustion controls shall comply with the
			 emission limitation applicable to cell burner boilers.
(2) Eighty-six hundredths pound per MMBtu of
			 heat input on an annual average basis for cyclone boilers with a maximum
			 continuous steam flow at one hundred per cent of load of greater than one
			 thousand sixty, in thousands of pounds per hour. The NOx
			 emission control technology on which the emission limitation is based is
			 natural gas reburning or selective catalytic reduction.
(3) Eighty -four hundredths pound per MMBtu of heat input on an
			 annual average basis for wet bottom boilers, with a maximum continuous steam
			 flow at one hundred per cent of load of greater than four hundred fifty, in
			 thousands of pounds per hour. The NOx emission control
			 technology on which the emission limitation is based is natural gas reburning
			 or selective catalytic reduction.
(4) Eighty hundredths pound per MMBtu of heat
			 input on an annual average basis for vertically fired boilers. The
			 NOx emission control technology on which the emission
			 limitation is based is combustion controls.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-59 - NO[x] emission limitations for group one, phase II boilers

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates and
				availability of non-regulatory government publications, publications of
				recognized organizations and associations, federal rules, and federal statutory
				provisions referenced in this rule, see paragraph (C) of rule
				3745-103-01
				of the Administrative Code titled "Referenced materials."]
(A) Beginning January 1, 2000, the owner or
			 operator of a group one, phase II coal-fired utility unit with a tangentially
			 fired boiler or a dry bottom wall-fired boiler shall not discharge, or allow to
			 be discharged, emissions of NOx to the atmosphere in
			 excess of the following limits, except as provided in rule
			 3745-103-60,
			 3745-103-62,
			 or
			 3745-103-63
			 of the Administrative Code:
(1) Forty
			 hundredths pound per MMBtu of heat input on an annual average basis for
			 tangentially fired boilers.
(2)
			 Forty six hundredths pound per MMBtu of heat input on an annual average basis
			 for dry bottom wall-fired boilers other than units applying cell burner
			 technology.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-60 - Early election for group one, phase II boilers

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates and availability of non-regulatory
				government publications, publications of recognized organizations and
				associations, federal rules, and federal statutory provisions referenced in
				this rule, see paragraph (C) of rule
				3745-103-01 of the
				Administrative Code titled "Referenced materials."]
(A) General provisions.
(1) The owner or operator of a phase II
			 coal-fired utility unit with a group one boiler may elect to have the unit
			 become subject to the applicable emissions limitation for
			 NOx under rule
			 3745-103-57 of the
			 Administrative Code, starting no later than January 1, 1997.
(2) The owner or operator of a phase II
			 coal-fired utility unit with a group one boiler that elects to become subject
			 to the applicable emission limitation under rule
			 3745-103-57 of the
			 Administrative Code shall not be subject to rule
			 3745-103-59 of the
			 Administrative Code until January 2008, provided the designated representative
			 demonstrates that the unit is in compliance with the limitation under rule
			 3745-103-57 of the
			 Administrative Code, using the methods and procedures specified in 40 CFR Part
			 75, for the period beginning January first of the year in which the early
			 election takes effect (but not later than January 1, 1997) and ending December
			 31, 2007.
(3) The owner or operator
			 of any phase II unit with a cell burner boiler that converts to conventional
			 burner technology may elect to become subject to the applicable emissions
			 limitation under rule
			 3745-103-57 of the
			 Administrative Code for dry bottom wall-fired boilers, provided the owner or
			 operator complies with the provisions in paragraph (A)(2) of this
			 rule.
(4) The owner or operator of
			 a phase II unit approved for early election shall not submit an application for
			 an alternative emissions limitation demonstration period under rule
			 3745-103-62 of the
			 Administrative Code until the earlier of:
(a)
			 January 1, 2008.
(b) Early election
			 is terminated pursuant to paragraph (D)(3) of this rule.
(5) The owner or operator of a phase II unit
			 approved for early election may not incorporate the unit into an averaging plan
			 prior to January 1, 2000. On or after January 1, 2000, for purposes of the
			 averaging plan, the early election unit will be treated as subject to the
			 applicable emissions limitation for NOx for phase II
			 units with group one boilers under rule
			 3745-103-59 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-61 - Permit application and compliance plans

Current through all regulations passed and filed through July 1, 2024
(A) Duty to apply.
(1) The designated representative of any
			 source with an affected unit subject to this rule shall submit, by the
			 applicable deadline under paragraph (B) of this rule, a complete acid rain
			 permit application (or, if the unit is covered by an acid rain permit, a
			 complete permit revision) that includes a complete compliance plan for
			 NOx emissions covering the unit.
(2) The original 
									copy
			 of the permit application and compliance plan for NOx
			 emissions for phase II shall be submitted to the director, and one copy of the
			 compliance plan for NOx emissions submitted to USEPA
			 headquarters, acid rain division.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-65 - Monitoring, recordkeeping, and reporting

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates and
				availability of non-regulatory government publications, publications of
				recognized organizations and associations, federal rules, and federal statutory
				provisions referenced in this rule, see paragraph (C) of rule
				3745-103-01
				of the Administrative Code titled "Referenced materials."]
(A) A petition for an alternative emission
			 limitation demonstration period under paragraph (D) of rule
			 3745-103-62
			 of the Administrative Code shall include all of
			 the following information:
(1) In accordance
			 with paragraph (D)(4) of rule
			 3745-103-62
			 of the Administrative Code, all of the following
			 information:
(a) Documentation that the owner
			 or operator solicited bids for a NOx emission control
			 system designed for application to the specific boiler and designed to achieve
			 the applicable emission limitation in rule
			 3745-103-57,
			 3745-103-58,
			 or
			 3745-103-59
			 of the Administrative Code on an annual average basis. This documentation
			 shall
			 include a copy of all bid specifications.
(b) A copy of the performance guarantee
			 submitted by the vendor of the installed NOx emission
			 control system to the owner or operator showing that such system was designed
			 to meet the applicable emission limitation in rule
			 3745-103-57,
			 3745-103-58,
			 or
			 3745-103-59
			 of the Administrative Code on an annual average basis.
(c) Documentation describing the operational
			 and combustion conditions that are the basis of the performance
			 guarantee.
(d)
			 Certification by the primary vendor of the NOx emission control system that
			 such equipment and associated auxiliary equipment was properly installed
			 according to the modifications and procedures specified by the vendor.
(e) Certification by the designated
			 representative that the owner or operator installed technology that meets the
			 requirements of paragraph (A)(2) of rule
			 3745-103-62
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-103 - Acid Rain Operating Permits for Electrical Generating Units › Section 3745-103-66 - Test methods and procedures

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates and
				availability of non-regulatory government publications, publications of
				recognized organizations and associations, federal rules, and federal statutory
				provisions referenced in this rule, see paragraph (C) of rule
				3745-103-01
				of the Administrative Code titled "Referenced materials."]
(A) The owner or operator may use the
			 following tests as a basis for the report required by paragraph (E)(7) of rule
			 3745-103-62
			 of the Administrative Code:
(1) An ultimate
			 analysis of coal using ASTM D3176,
			 "Standard Practice for Ultimate Analysis of Coal and Coke."
(2) A proximate analysis of coal using ASTM
			 D3172, "Standard Practice for Proximate
			 Analysis of Coal and Coke."
(3) Measure the coal mass flow rate to each
			 individual burner using ASME performance test code 4.2, "Test Code for Coal
			 Pulverizers"or ISO 9931, "Coal - Sampling of Pulverized Coal Conveyed by Gases
			 in Direct Fired Coal Systems."
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-03 - Exemptions

Current through all regulations passed and filed through July 1, 2024
(A) Agricultural
			 nutrients. Ammonia used as an agricultural nutrient, when held by farmers, is
			 exempt from all provisions of 
								this chapter.
(B) Flammable substances used as
			 fuel or held for sale as fuel at retail facilities. A flammable substance
			 listed in tables 3 and 4 of the appendix
			 
								to rule
			 3745-104-04 of
			 the Administrative Code are exempt from all provisions of
								this chapter when the substance is used as a fuel
			 or held for sale as a fuel at a retail facility.
Five Year Review (FYR) Dates:
				04/10/2015 and
				04/10/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3753.02
Rule
				Amplifies: 3753
Prior Effective Dates: 8/13/99, 3/9/01,
				1/8/10
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-04 - List of substances

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 paragraph (C) of rule
				3745-104-01
								 of the Administrative Code
				titled 
								"Referenced materials."]
(A) Regulated toxic and flammable substances
			 under section 112(r) of the Clean Air Act are the substances listed in
			 the appendix 
								to this rule.
			 Threshold quantities for listed toxic and flammable substances are specified in
			 the tables.
(B) The basis for
			 placing toxic and flammable substances on the list of regulated substances are
			 explained in the notes to the list.
Click to
				view Appendix
Five Year Review (FYR) Dates:
				04/10/2015 and
				04/10/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3753.02
Rule
				Amplifies: 3753
Prior Effective Dates: 08/13/99, 03/09/01,
				07/01/05, 1/8/10
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-05 - Applicability

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 reference in this rule, see paragraph (C) of rule
				3745-104-01 of the
				Administrative Code titled "Referenced materials."]
(A) An owner or operator of a stationary
			 source that has more than a threshold quantity of a regulated substance in a
			 process, as determined by rule
			 3745-104-02
			 of the Administrative Code, shall comply with the requirements of this rule no
			 later than the latest of the following dates:
(1) June 21, 1999.
(2) Three years after the date on which a
			 regulated substance is first listed under rule
			 3745-104-04 of
			 the Administrative Code.
(3) The date on which a regulated substance
			 is first present at the facility above a threshold quantity in a
			 process.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-06 - General requirements

Current through all regulations passed and filed through July 1, 2024
(A) General requirements. The owner or
			 operator of a stationary source subject to this rule shall submit a single RMP,
			 as provided in rules
			 3745-104-38
			 to
			 3745-104-48
			 of the Administrative Code
								and include a registration, as defined in rule
			 3745-104-42
			 of the Administrative Code, that reflects all covered processes.
(B) Program one requirements. In addition to
			 meeting the requirements of paragraph (A) of this rule, the owner or operator
			 of a stationary source with a process eligible for program one, as provided in
			 paragraph (B) of rule
			 3745-104-05 of the
			 Administrative Code, shall do the following:
(1) Analyze the worst-case release scenario
			 for the process, as provided in rule
			 3745-104-10
			 of the Administrative Code; document that the nearest public receptor is beyond
			 the distance to a toxic or flammable endpoint defined in paragraph (A) of rule
			 3745-104-09
			 of the Administrative Code; and submit in the RMP the worst-case release
			 scenario as provided in rule
			 3745-104-43
			 of the Administrative Code.
(2) Complete the five-year accident history
			 for the process, as provided in rule
			 3745-104-16
			 of the Administrative Code and submit it in the RMP as provided in rule
			 3745-104-44
			 of the Administrative Code.
(3) Ensure that response actions have been
			 coordinated with local emergency planning and response agencies.
(4) Certify in the RMP the following: "Based
			 on the criteria in rule
			 3745-104-05 of the
			 Administrative Code, the distance to the specified endpoint for the worst-case
			 accidental release scenario for the following 
									process
			 is less than the distance to the nearest public receptor: [list
			 process]. Within the past five years, the
			 
									process has 
			 had no accidental release that caused offsite impacts provided in the risk
			 management program rule (paragraph (B)(1) of rule
			 3745-104-05 of the
			 Administrative Code). No additional measures are necessary to prevent offsite
			 impacts from accidental releases. In the event of fire, explosion, or a release
			 of a regulated substance from the process,
			 entry within the distance to the specified endpoints may pose a danger to
			 public emergency responders. Therefore, public emergency responders should not
			 enter this area except as arranged with the emergency contact indicated in the
			 RMP. The undersigned certifies that, to the best of my knowledge, information,
			 and belief, formed after reasonable inquiry, the information submitted is true,
			 accurate, and complete. [Signature, title, date signed]."
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-07 - Management

Current through all regulations passed and filed through July 1, 2024
(A) The owner or
			 operator of a stationary source with processes subject to program two or
			 program three shall develop a management system to oversee the implementation
			 of the risk management program elements.
(B) The owner or operator shall assign a
			 qualified person or position that has the overall responsibility for the
			 development, implementation, and integration of the risk management program
			 elements.
(C) When responsibility
			 for implementing individual requirements of this part is assigned to persons
			 other than the person identified under paragraph (B) of this rule, the names or
			 positions of these people shall be documented and the lines of authority
			 defined through an organization chart or similar document.
Five Year Review (FYR) Dates:
				04/10/2015 and
				04/10/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3753.02
Rule
				Amplifies: 3753
Prior Effective Dates:
				8/13/99
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-08 - Hazard assessment: applicability

Current through all regulations passed and filed through July 1, 2024
The owner or operator of a stationary source subject to
				this chapter shall
				do the following:
(A)
								Prepare a
			 worst-case scenario as provided in rule
			 3745-104-10
			 of the Administrative Code.
(B)
								Complete the
			 five-year accident history as proviced in rule
			 3745-104-16
			 of the Administrative Code.
(C)
								For an
			 owner or operator of a program two and three process,
								 comply with
			 all requirements of this chapter that are
			 applicable to the process program level.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-09 - Hazard assessment: offsite consequence analysis parameters

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
				reference in this rule, see paragraph (C) of rule
				3745-104-01
								 of the Administrative Code
				titled 
								"Referenced materials."]
(A) Endpoints. For analyses of offsite
			 consequences, the following endpoints shall be used:
(1) Toxics. The toxic endpoints provided in
			 the appendix 
									to this rule.
(2) Flammables. The endpoints for flammables
			 vary according to the scenarios studied:
(a)
			 Explosion. An overpressure of pounds per square inch.
(b) Radiant heat/exposure time. A radiant
			 heat of five 2
										kilowatts per square meter for forty seconds.
(c) Lower flammability limit. A
			 lower flammability limit as provided in NFPA documents or other generally
			 recognized sources.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-10 - Hazard assessment: worst-case release scenario analysis

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 paragraph (C) of rule
				3745-104-01 of the
				Administrative Code titled "Referenced materials."]
(A) The owner or operator shall analyze and
			 report in the RMP:
(1) For program one
			 processes, one worst-case release scenario for each program one process.
(2) For program two and three processes:
(a) One worst-case release scenario that is
			 estimated to create the greatest distance in any direction to an endpoint
			 provided in the appendix to rule
			 3745-104-09
			 of the Administrative Code resulting from an accidental release of regulated
			 toxic substances from covered processes under worst-case conditions defined in
			 rule
			 3745-104-09
			 of the Administrative Code.
(b) One worst-case release scenario that is
			 estimated to create the greatest distance in any direction to an endpoint
			 defined in paragraph (A) of rule
			 3745-104-09
			 of the Administrative Code resulting from an accidental release of regulated
			 flammable substances from covered processes under worst-case conditions defined
			 in rule
			 3745-104-09
			 of the Administrative Code.
(c)
			 Additional worst-case release scenarios shall be reported if a worst-case
			 release from another covered process(es) at the stationary source potentially
			 affects public receptors different from those potentially affected by the
			 worst-case release scenario developed under paragraph (A)(2)(a) or (A)(2)(b) of
			 this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-11 - Hazard assessment: alternative release scenario analysis

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 paragraph (C) of rule
				3745-104-01 of the
				Administrative Code titled "Referenced materials."]
(A) Number of scenarios. The owner or
			 operator of a stationary source with processes subject to program two or
			 program three shall identify and analyze at least one alternative release
			 scenario for each regulated toxic substance held in a covered process and
			  at least one
			 alternative release scenario to represent all flammable substances held in
			 covered processes.
(B) Scenarios to
			 consider.
(1) For each scenario required under
			 paragraph (A) of this rule, the owner or operator shall select a scenario
			 which includes the following:
(a) That is more likely to occur than the
			 worst-case release scenario under rule
			 3745-104-10
			 of the Administrative Code.
(b) That
			 will reach an endpoint offsite, unless no such scenario exists.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-12 - Hazard assessment: defining offsite impacts - population

Current through all regulations passed and filed through July 1, 2024
(A) The owner or
			 operator shall estimate in the RMP the population within a circle with its
			 center at the point of the release and a radius determined by the distance to
			 the endpoint defined in paragraph (A) of rule
			 3745-104-09
			 of the Administrative Code.
(B)
			 Population to be defined. Population shall include residential
			 population
								and
			 note the presence of institutions (schools, hospitals, prisons), parks
			 and recreational areas, and major commercial, office, and industrial buildings
			  in the RMP.
(C) Data sources acceptable. The owner or
			 operator shall use the most recent census data, or other updated information,
			 to estimate the population to two significant digits
			 that are potentially affected.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-13 - Hazard assessment: defining offsite impacts - environment

Current through all regulations passed and filed through July 1, 2024
(A) The owner or
			 operator shall list in the RMP environmental receptors within a circle with its
			 center at the point of the release and a radius determined by the distance to
			 the endpoint defined in paragraph (A) of rule
			 3745-104-09
			 of the Administrative Code.
(B)
			 Data sources acceptable. The owner or operator shall rely on information
			 provided on local 
								US geological survey maps or on any data source
			 containing USGS data to identify environmental receptors.
Five Year Review (FYR) Dates:
				04/10/2015 and
				04/10/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3753.02
Rule
				Amplifies: 3753
Prior Effective Dates: 8/13/99,
				1/8/10
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-14 - Hazard assessment: review and update

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator shall review and
			 update the offsite consequence analyses at least once every five years.
(B) If changes in processes,
			 quantities stored or handled, or any other aspect of the stationary source are
			 expected to increase or decrease the distance to the endpoint by a factor of
			 two or more, the owner or operator shall complete a revised analysis within six
			 months of the change and submit to 
								USEPA a
			 revised risk management plan as provided in rule
			 3745-104-49
			 of the Administrative Code.
Five Year Review (FYR) Dates:
				04/10/2015 and
				04/10/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3753.02
Rule
				Amplifies: 3753
Prior Effective Dates: 8/13/99,
				1/8/10
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-15 - Hazard assessment: documentation

Current through all regulations passed and filed through July 1, 2024
The owner or operator shall maintain the following records on
				the offsite consequence analyses:
(A)
			 For worst-case scenarios, a description of the vessel or pipeline and substance
			 selected as worst case, assumptions and parameters used, and the rationale for
			 selection; assumptions shall include use of any administrative controls and any
			 passive mitigation that were assumed to limit the quantity that could be
			 released. Documentation shall include the anticipated effect of the controls
			 and mitigation on the release quantity and rate.
(B) For alternative release scenarios, a
			 description of the scenarios identified, assumptions and parameters used, and
			 the rationale for the selection of specific scenarios; assumptions shall
			 include use of any administrative controls and any mitigation that were assumed
			 to limit the quantity that could be released. Documentation shall include the
			 effect of the controls and mitigation on the release quantity and rate.
(C) Documentation of estimated
			 quantity released, release rate, and duration of release.
(D) Methodology used to determine distance to
			 endpoints.
(E) Data used to
			 estimate population and environmental receptors potentially affected.
Five Year Review (FYR) Dates:
				04/10/2015 and
				04/10/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3753.02
Rule
				Amplifies: 3753
Prior Effective Dates:
				8/13/99
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-16 - Hazard assessment: five-year accident history

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 paragraph (C) of rule
				3745-104-01 of the
				Administrative Code titled "Referenced materials."]
(A) The owner or operator shall include in
			 the five-year accident history all accidental releases from covered processes
			 that resulted in deaths, injuries, or significant property damage on site, or
			 known offsite deaths, injuries, evacuations, sheltering in place, property
			 damage, or environmental damage.
(B) Data required. For each accidental
			 release included in the five year accident history, the owner or operator shall
			 report the following information:
(1) Date,
			 time, and approximate duration of the release.
(2)
									List of
			 chemicals released.
(3)
			 Estimated quantity released in pounds and, for mixtures containing regulated
			 toxic substances, percentage concentration by weight of the released regulated
			 toxic substance in the liquid mixture.
(4)
			 Five- or six-digit NAICS code that most closely corresponds to the
			 process.
(5) The
			 type of release event and its source.
(6)
			 Weather conditions, if known.
(7)
			 On-site impacts.
(8)
			 Known offsite impacts.
(9)
			 Initiating event and contributing factors if known.
(10) Whether offsite responders were notified
			 if known.
(11)
			 Operational or process changes that resulted from investigation of the release
			 and that have been made by the time this information is submitted in accordance
			 with rule
			 3745-104-44
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-17 - Program two prevention program: safety information

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 paragraph (C) of rule
				3745-104-01 of the
				Administrative Code titled "Referenced materials."]
(A) The owner or operator shall compile and
			 maintain the following up-to-date safety information related to the regulated
			 substances, processes, and equipment:
(1)
									Safety data sheets that meet the requirements of
			 29 CFR
			 1910.1200(g);
(2) Maximum intended inventory of equipment
			 in which the regulated substances are stored or processed;
(3) Safe upper and lower temperatures,
			 pressures, flows, and compositions;
(4) Equipment specifications.
(5) Codes and standards used to design,
			 build, and operate the process.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-18 - Program two prevention program: hazard review

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator shall conduct a
			 review of the hazards associated with the regulated substances, process, and
			 procedures
								that identifies the following:
(1) The hazards associated with the process
			 and regulated substances.
(2)
			 Opportunities for equipment malfunctions or human errors that could cause an
			 accidental release.
(3) The
			 safeguards used or needed to control the hazards or prevent equipment
			 malfunction or human error.
(4) Any
			 steps used or needed to detect or monitor releases.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-19 - Program two prevention program: operating procedures

Current through all regulations passed and filed through July 1, 2024
(A) The owner or
			 operator shall prepare written operating procedures that provide clear
			 instructions or steps for safely conducting activities associated with each
			 covered process consistent with the safety information for that process.
			 Operating procedures or instructions provided by equipment manufacturers or
			 developed by persons or organizations knowledgeable about the process and
			 equipment may be used as a basis for a stationary source's operating
			 procedures.
(B) The procedures
			 shall address the following:
(1) Initial
			 startup.
(2)
			 Normal operations.
(3)
			 Temporary operations.
(4)
			 Emergency shutdown and operations.
(5)
			 Normal shutdown.
(6)
			 Startup following a normal or emergency shutdown or a major change that
			 requires a hazard review.
(7)
			 Consequences of deviations and steps required to correct or avoid
			 deviations.
(8)
			 Equipment inspections.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-20 - Program two prevention program: training

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator shall ensure that
			 each employee presently operating a process, and each employee newly assigned
			 to a covered process have been trained or tested competent in the operating
			 procedures provided in rule
			 3745-104-19
			 of the Administrative Code that pertain to their duties. For those employees
			 already operating a process on June 21, 1999, the owner or operator may certify
			 in writing that the employee has the required knowledge, skills, and abilities
			 to safely carry out the duties and responsibilities as provided in the
			 operating procedures.
(B) Refresher
			 training. Refresher training shall be provided at least every three years, and
			 more often if necessary, to each employee operating a process to ensure that
			 the employee understands and adheres to the current operating procedures of the
			 process. The owner or operator, in consultation with the employees operating
			 the process, shall determine the appropriate frequency of refresher
			 training.
(C) The owner or operator
			 may use training conducted under federal or state regulations or under
			 industry-specific standards or codes or training conducted by covered process
			 equipment vendors to demonstrate compliance with this rule to the extent that
			 the training meets the requirements of this section.
(D) The owner or operator shall ensure that
			 operators are trained in any updated or new procedures prior to startup of a
			 process after a major change.
Five Year Review (FYR) Dates:
				04/10/2015 and
				04/10/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 3753.02
Rule
				Amplifies: 3753
Prior Effective Dates:
				8/13/99
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-21 - Program two prevention program: maintenance

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator shall prepare and
			 implement procedures to maintain the ongoing mechanical integrity of the
			 process equipment. The owner or operator may use procedures or instructions
			 provided by covered process equipment vendors or procedures in federal or state
			 regulations or industry codes as the basis for stationary source maintenance
			 procedures.
(B) The owner or
			 operator shall train or cause to be trained each employee involved in
			 maintaining the on-going mechanical integrity of the process. To ensure that
			 the employee can perform the job tasks in a safe manner, each such employee
			 shall be trained in the hazards of the process, in how to avoid or correct
			 unsafe conditions, and in the procedures applicable to the employee's job
			 tasks.
(C) Any maintenance
			 contractor shall ensure that each contract maintenance employee is trained to
			 perform the maintenance procedures developed under paragraph (A) of this
			 rule.
(D) The owner or operator
			 shall perform or cause to be performed inspections and tests on process
			 equipment
								with procedures 
								that follow
			 recognized and generally accepted good engineering practices. The frequency of
			 inspections and tests of process equipment shall be consistent with applicable
			 manufacturers' recommendations, industry standards or codes, good engineering
			 practices, and prior operating experience.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-22 - Program two prevention program: compliance audits

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator shall certify that
			 they have evaluated compliance with the provisions of rules
			 3745-104-17
			 to
			 3745-104-23
			 of the Administrative Code at least every three years to verify that the
			 procedures and practices developed under chapter 3745-104 of the Administrative
			 Code are adequate and are being followed.
(B) The compliance audit shall be conducted
			 by at least one person knowledgeable in the process.
(C) The owner or operator shall
			 do the following:
(1)
									Develop a report
			 of the audit findings.
(2)
									
									Promptly determine and document an appropriate
			 response to each of the findings of the compliance audit and document that
			 deficiencies have been corrected.
(3)
									Retain the two most recent compliance audit reports.
			 This requirement does not apply to any compliance audit report that is more
			 than five years old.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-23 - Program two prevention program: incident investigation

Current through all regulations passed and filed through July 1, 2024
(A) The owner or
			 operator shall investigate each incident which resulted in, or could reasonably
			 have resulted in a catastrophic release.
(B) An incident investigation shall be
			 initiated as promptly as possible, but not later than forty-eight hours
			 following the incident.
(C) A
			 summary shall be prepared at the conclusion of the investigation which includes
			 at a minimum the following:
(1) Date of incident.
(2) Date investigation began.
(3) A description of the incident.
(4) The factors that contributed to the
			 incident.
(5) Any
			 recommendations resulting from the investigation.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-24 - Program three prevention program: process safety information

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 paragraph (C) of rule
				3745-104-01 of the
				Administrative Code titled "Referenced materials."]
(A) In accordance with the schedule set forth
			 in rule
			 3745-104-25
			 of the Administrative Code, the owner or operator shall complete a compilation
			 of written process safety information before conducting any process hazard
			 analysis required by rule
			 3745-104-25
			 of the Administrative Code. The compilation of written process safety
			 information is to enable the owner or operator and the employees involved in
			 operating the process to identify and understand the hazards posed by those
			 processes involving regulated substances. This process safety information shall
			 include information pertaining to the hazards of the regulated substances used
			 or produced by the process, information pertaining to the technology of the
			 process, and information pertaining to the equipment in the process.
(B) Information pertaining to the hazards of
			 the regulated substances in the process. This information shall consist of at
			 least the following:
(1) Toxicity
			 information.
(2)
			 Permissible exposure limits.
(3)
			 Physical data.
(4)
			 Reactivity data.
(5)
			 Corrosivity data
(6) Thermal and chemical stability
			 data.
(7)
			 Hazardous effects of inadvertent mixing of different materials that could
			 foreseeably occur. Note: Safety data sheets meeting the
			 requirements of
			 29 CFR
			 1910.1200(g) may be used to
			 comply with this requirement to the extent they contain the information
			 required by paragraph (B) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-25 - Program three prevention program: process hazard analysis

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 paragraph (C) of rule
				3745-104-01 of the
				Administrative Code titled "Referenced materials."]
(A) The owner or operator shall perform an
			 initial process hazard analysis (hazard evaluation) on processes covered by
			 this chapter. The process hazard analysis shall be appropriate to the
			 complexity of the process and shall identify, evaluate, and control the hazards
			 involved in the process. The owner or operator shall determine and document the
			 priority order for conducting process hazard analyses based on a rationale
			 which includes such considerations as extent of the process hazards, number of
			 potentially affected employees, age of the process, and operating history of
			 the process. The process hazard analysis shall be conducted as soon as
			 possible, but not later than June 21, 1999. Process hazards analyses completed
			 to comply with
			 29 CFR
			 1910.119(e) are acceptable
			 to meet requirements of this paragraph as initial process hazards analyses.
(B) The owner or operator shall use one or
			 more of the following methodologies that are appropriate to determine and
			 evaluate the hazards of the process being analyzed.
(1) What - if.
(2) Checklist.
(3) What - if/checklist.
(4) Hazard and operability study
			 (HAZOP).
(5)
			 Failure mode and effects analysis (FMEA).
(6) Fault tree analysis.
(7) An appropriate equivalent
			 methodology.