reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-26 - Program three prevention program: operating procedures

Current through all regulations passed and filed through July 1, 2024
(A) The owner or
			 operator shall develop and implement written operating procedures that provide
			 clear instructions for safely conducting activities involved in each covered
			 process consistent with the process safety information referenced in rule
			 3745-104-24
			 of the Administrative Code 
								that addresses at least the
			 following elements:
(1) Steps for each
			 operating phase:
(a) Initial startup.
(b) Normal operations.
(c) Temporary operations.
(d) Emergency shutdown including the
			 conditions under which emergency shutdown is required, and the assignment of
			 shutdown responsibility to qualified operators to ensure that emergency
			 shutdown is executed in a safe and timely manner.
(e) Emergency operations.
(f) Normal shutdown.
(g) Startup following a turnaround, or after
			 an emergency shutdown.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-27 - Program three prevention program: training

Current through all regulations passed and filed through July 1, 2024
(A) Initial training.
(1) Each employee presently involved in
			 operating a process, and each employee before being involved in operating a
			 newly assigned process, shall be trained in an overview of the process and in
			 the operating procedures as specified in rule
			 3745-104-26
			 of the Administrative Code. The training shall include but not be limited to
			 emphasis on the specific safety and health hazards, emergency operations
			 including shutdown, and safe work practices applicable to the employee's job
			 tasks.
(2) In lieu of initial
			 training for those employees already involved in operating a process on June
			 21, 1999 an 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 specified in the operating procedures.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-28 - Program three prevention program: mechanical integrity

Current through all regulations passed and filed through July 1, 2024
(A) Application.
			 Paragraphs (B) to (F) of this rule apply to the following process equipment:
(1) Pressure vessels and storage tanks.
(2) Piping systems (including piping
			 components such as valves).
(3) Relief and vent systems and
			 devices.
(4)
			 Emergency shutdown systems.
(5) Controls (including monitoring devices
			 and sensors, alarms, and interlocks).
(6) Pumps.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-29 - Program three prevention program: management of change

Current through all regulations passed and filed through July 1, 2024
(A) The owner or
			 operator shall establish and implement written procedures to manage changes,
			 except for "replacements in kind", to process chemicals, technology, equipment,
			 and procedures; and, changes to stationary sources that affect a covered
			 process.
(B) The procedures shall
			 include all of the following:
(1) The
			 technical basis for the proposed change.
(2) Impact of change on safety and
			 health.
(3)
			 Modifications to operating procedures.
(4)
			 Necessary time period for the change.
(5) Authorization requirements for the
			 proposed change.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-30 - Program three prevention program: pre-startup review

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator shall perform a
			 pre-startup safety review for new stationary sources and for modified
			 stationary sources when the modification of the covered process is significant
			 enough to require a change in the process safety information.
(B) The pre-startup safety review shall
			 confirm 
								the
			 following prior to the introduction of regulated substances to a process:
(1) Construction and equipment is in
			 accordance with design specifications.
(2)
			 Safety, operating, maintenance, and emergency procedures are in place and are
			 adequate.
(3) For
			 new stationary sources, a process hazard analysis has been performed and
			 recommendations have been resolved or implemented before startup; and modified
			 stationary sources meet the requirements contained in management of change,
			 rule
			 3745-104-29
			 of the Administrative Code.
(4)
			 Training of each employee involved in operating a process has been
			 completed.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-31 - Program three prevention program: compliance audits

Current through all regulations passed and filed through July 1, 2024
(A)
								At least every
			 three years,
								
								the owner or operator shall certify that
			  compliance with the
			 provisions of rules
			 3745-104-24
			 to
			 3745-104-35
			 of the Administrative Code has been evaluated to verify that
			 the procedures and practices are adequate and are being followed.
(B) The compliance audit shall be conducted
			 by at least one person knowledgeable in the process.
(C) A report of the findings of the audit
			 shall be developed.
(D) The owner
			 or operator shall:
(1)
									Promptly determine and document an appropriate response
			 to each of the findings of the compliance audit.
(2)
									Document that
			 deficiencies have been corrected.
(3)
									Retain the two
			 most recent compliance audit reports.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-32 - Program three prevention program: incident investigation

Current through all regulations passed and filed through July 1, 2024
(A) The owner or
			 operator shall investigate each incident that resulted in, or could reasonably
			 have resulted in a catastrophic release of a regulated substance.
(B) An incident investigation shall be
			 initiated as promptly as possible, but not later than forty-eight hours
			 following the incident.
(C) An
			 incident investigation team shall be established and consist of at least one
			 person knowledgeable of the process involved, including a contract employee if
			 the incident involved work of the contractor, and other persons with
			 appropriate knowledge and experience of the process involved to thoroughly
			 investigate and analyze the incident.
(D) A report shall be prepared at the
			 conclusion of the investigation
								and include at a minimum:
(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 3745-104-33 - Program three prevention program: employee participation

Current through all regulations passed and filed through July 1, 2024
The owner or operator
				shall:
(A)
								Develop a written plan of action regarding the
			 implementation of the employee participation required by this
			 rule.
(B)
								Consult with employees and their representatives on the
			 conduct and development of process hazard analyses and on the development of
			 the other elements of process safety management in this rule.
(C)
								Provide to
			 employees and their representatives access to process hazard analyses and to
			 all other information required to be developed under this rule.
Replaces: 3745-104-33
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-34 - Program three prevention program: hot work permit

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 issue a hot
			 work permit to be kept on file at the facility before hot work operations are
			 conducted on or near a covered process.
(B) The hot
			 work permit shall do the following:
(1)
									Document that the fire prevention and protection
			 requirements in
			 29 CFR
			 1910.252(a) have been
			 implemented prior to beginning the hot work operations.
(2)
									Indicate the
			 dates authorized for hot work.
(3)
									Identify the
			 object on which hot work is to be performed.
(4)
									Be kept on file
			 at the facility until completion of the hot work operations.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-35 - Program three prevention program: contractors

Current through all regulations passed and filed through July 1, 2024
(A) Application. This rule applies to
			 contractors performing maintenance or repair, turnaround, major renovation, or
			 specialty work on or adjacent to a covered process. It does not apply to
			 contractors providing incidental services that do not influence process safety,
			 such as janitorial work, food and drink services, laundry, delivery or other
			 supply services.
(B) Owner or
			 operator responsibilities. The owner or operator
			 shall:
(1)
									Prior to selecting a contractor,
			  obtain and evaluate information
			 regarding the contractor's safety performance and programs.
(2)
									
									Inform the
			 contractor of the known potential fire, explosion, or toxic release hazards
			 related to the contractor's work and the process.
(3)
									Explain to the
			 contractor the applicable provisions of rules
			 3745-104-36
			 and
			 3745-104-37
			 of the Administrative Code.
(4)
									Develop and implement safe work practices consistent
			 with paragraph (D) of rule
			 3745-104-26
			 of the Administrative Code, to control the entrance, presence, and exit of the
			 contractor and contract employees in covered process areas.
(5)
									
									Periodically
			 evaluate the performance of the contractor in fulfilling his or her obligations
			 as specified in paragraph (C) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-36 - Emergency response: applicability and coordination

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)
								Responding
			 stationary source. Except as provided in paragraph (B) of this rule, the
			 owner or operator of a stationary source with program two and program three
			 processes shall comply with paragraph (C)
								 of rule
			 3745-104-37
			 of the Administrative Code.
(B)
								Non-responding stationary source. The owner or
			 operator of a stationary source with program two and program three processes
			 whose employees will not respond to accidental releases of regulated substances
			 need not comply with rule
			 3745-104-37
			 of the Administrative Code provided that the facility
								meets all
			 of the following:
(1) For stationary sources
			 with any regulated toxic substance held in a process above the threshold
			 quantity, the stationary source is included in the community emergency response
			 plan developed under
			 42 USC
			 11003
									.
(2) For stationary sources with only
			 regulated flammable substances held in a process above the threshold quantity,
			 the owner or operator has coordinated response actions with the local fire
			 department.
(3)
			 Appropriate mechanisms are in place to notify emergency responders when there
			 is a need for a response.
(4)
									The owner or operator performs the annual emergency
			 response coordination activities required in paragraph (C) of this
			 rule.
(5)
									The owner or operator performs a notification exercise
			 at least once each calendar year of the stationary source's emergency response
			 notification mechanisms required under paragraph (D)(2) of rule
			 3745-104-37
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-37 - Emergency response program and exercises

Current through all regulations passed and filed through July 1, 2024
(A) The owner or operator shall develop and
			 implement an emergency response program for the purpose of protecting public
			 health and the environmentand include the following elements:
(1) An emergency response plan, which shall
			 be maintained at the stationary source and contain at least the following
			 elements:
(a) Procedures for informing the
			 public and local emergency response agencies about accidental releases.
(b) Documentation of proper first-aid and
			 emergency medical treatment necessary to treat accidental human
			 exposures.
(c)
			 Procedures and measures for emergency response after an accidental release of a
			 regulated substance.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-38 - Risk management plan: submission

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 submit a
			 single RMP that:
(1)
									Includes the information required by rules
			 3745-104-41
			 to
			 3745-104-48
			 of the Administrative Code for all covered processes.
(2)
									Is submitted in a
			 method and format to a central point as specified by USEPA as of the date of
			 submission.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-39 - Assertation of claims of trade secret information

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in paragraph (B) of
			 this rule, an owner or operator of a stationary source required to report or
			 otherwise provide information under this chapter may make a claim for trade
			 secret protection for any such information. Such information shall be
			 designated trade secret only after the director, pursuant to rule
			 3745-49-03 of the
			 Administrative Code, determines that the information meets the definition of
			 trade secret as defined by section
			 1333.61 of the Revised
			 Code.
(B) Notwithstanding the
			 provisions of rule
			 3745-49-03 of the
			 Administrative Code, an owner or operator may not claim as a trade secret the
			 following information:
(1) Registration
			 required by paragraphs (B)(1) to (B)(6), (B)(8) and (B)(10) to (B)(13) of rule
			 
									3745-104-42 of the Administrative Code and NAICS code
			 and program level of the process set forth in paragraph (B)(7) of rule
			 3745-104-42
			 of the Administrative Code.
(2)
			 Offsite consequence analysis data required by paragraphs (B)(4) and (B)(9) to
			 (B)(12) of rule
			 3745-104-43
			 of the Administrative Code.
(3) Accident history data required by rule
			 3745-104-44
			 of the Administrative Code.
(4) Prevention program data required by
			 paragraphs (A)(1), (A)(3), and (A)(5) to (A)(11) of
			 rule
			 3745-104-45
			 of the Administrative Code and the date of the most recent hazard review or
			 update set for in paragraph (A)(4) of rule
			 3745-104-45
			 of the Administrative Code.
(5) Prevention program data required by
			 paragraphs (A)(1), (A)(3), and (A)(5) to (A)(15) of
			 rule
			 3745-104-46
			 of the Administrative Code and the date of completion of the most recent
			 process hazard analysis or update set for in paragraph (A)(4) of rule
			 3745-104-46
			 of the Administrative Code.
(6)
			 Emergency response program data required by rule
			 3745-104-47
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-40 - Substantiating trade secret information

Current through all regulations passed and filed through July 1, 2024
(A) An owner or operator claiming that
			 information is trade secret information must substantiate that claim by
			 providing documentation that demonstrates that the claim meets the criteria set
			 forth in section 1333.61 of the Revised Code, as
			 amended.
(B) Information that is
			 submitted as part of the substantiation may by claimed trade secret by marking
			 it as trade secret. Information not so marked will be treated as public and may
			 be disclosed without notice to the owner or operator. If information that is
			 submitted as part of the substantiation is claimed as trade secret, the owner
			 or operator must provide a sanitized and unsanitized version of the
			 substantiation.
(C) The owner,
			 operator, or senior official with management responsibility of the stationary
			 source shall sign a certification that the signer has personally examined the
			 information submitted and that based on inquiry of the persons who compiled the
			 information, the information is true, accurate, and complete, and that those
			 portions of the substantiation claimed as trade secret would, if disclosed,
			 reveal trade secrets.
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 3745-104-41 - Risk management plan: executive summary

Current through all regulations passed and filed through July 1, 2024
The owner or operator shall provide in the RMP an executive
				summary that includes a brief description of the following elements:
(A) The accidental release prevention and
			 emergency response policies at the stationary source.
(B) The stationary source and regulated
			 substances handled.
(C) The
			 worst-case release 
								scenario and the alternative release
			 
								scenario, including administrative controls and
			 mitigation measures to limit the distances for each reported scenario.
(D) The five-year accident history.
(E) The emergency response program.
(F) Planned changes to improve
			 safety.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-43 - Risk management plan: offsite consequence analysis

Current through all regulations passed and filed through July 1, 2024
(A) The owner or
			 operator shall submit in the RMP the following information:
(1) One worst-case release scenario for each
			 program one process.
(2) For
			 program two and three processes, one worst-case release scenario to represent
			 all regulated toxic substances held above the threshold quantity and one
			 worst-case release scenario to represent all regulated flammable substances
			 held above the threshold quantity. If additional worst-case scenarios for
			 toxics or flammables are required by paragraph (A)(2)(c) of rule
			 3745-104-10
			 of the Administrative Code, the owner or operator shall submit the same
			 information on the additional scenarios.
			 The owner or operator of program two and three processes shall also submit
			 information on one alternative release scenario for each regulated toxic
			 substance held above the threshold quantity and one alternative release
			 scenario to represent all regulated flammable substances held above the
			 threshold quantity.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-44 - Risk management plan: five-year accident history

Current through all regulations passed and filed through July 1, 2024
The owner or operator shall submit in the RMP the information
				provided in paragraph (B) of rule
				3745-104-16
				of the Administrative Code on each accident covered by paragraph (A) of rule
				3745-104-16
				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
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-45 - Risk management plan: prevention program/program 2

Current through all regulations passed and filed through July 1, 2024
(A) For each
			 program two process, the owner or operator shall provide in the RMP the
			 information indicated in paragraphs (A)(1) to (A)(10) of this rule. If the same
			 information applies to more than one covered process, the owner or operator may
			 provide the information only once, but shall indicate to which processes the
			 information applies.
(1) The five- or
			 six-digit NAICS code that mostly closely corresponds to the process.
(2) The 
									names of the
			 
									chemicals covered.
(3) The date of the most recent review or
			 revision of the safety information required by rule
			 3745-104-17
			 of the Administrative Code and a list of federal or state regulations or
			 industry-specific design codes and standards used to demonstrate compliance
			 with the safety information requirement.
(4) The date of completion of the most recent
			 hazard review or update and for each such review the RMP shall contain
			 the following:
(a) The expected date of completion of any
			 changes resulting from the hazard review.
(b) Major hazards identified.
(c) Process controls in use.
(d) Mitigation systems in use.
(e) Monitoring and detection systems in
			 use.
(f)
			 Changes since the last hazard review.
(5) The date of the most recent review or
			 revision of operating procedures.
(6) The date of the most recent review or
			 revision of training programs:
(a) The type of
			 training provided - classroom, classroom plus on the job, on the job.
(b) The type of competency testing
			 used.
(7) The date of
			 the most recent review or revision of maintenance procedures and the date of
			 the most recent equipment inspection or test and the equipment inspected or
			 tested.
(8) The date of the most
			 recent compliance audit and the expected date of completion of any changes
			 resulting from the compliance audit.
(9) The date of the most recent incident
			 investigation and the expected date of completion of any changes resulting from
			 the investigation.
(10) The date of
			 the most recent change that triggered a review or revision of safety
			 information, the hazard review, operating or maintenance procedures, or
			 training.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-46 - Risk management plan: prevention program/program three

Current through all regulations passed and filed through July 1, 2024
For each program three process, the
				owner or operator shall provide the information indicated in paragraphs (A) to
				(O) of this rule. If the same information applies to more than one covered
				process, the owner or operator may provide the information only once, but shall
				indicate to which processes the information applies.
(A) The five- or
			 six-digit NAICS code that most closely corresponds to the process.
(B)
			 The name of the substance
			 covered.
(C) The date on which
			 the safety information was last reviewed or revised.
(D) The date of
			 completion of the most recent process hazard analysis as defined in rule
			 3745-104-25
			 of the Administrative Code or update and the technique usedas follows:
(1)
			 The expected date of completion of any changes resulting from the process
			 hazard analysis as defined in rule
			 3745-104-25
			 of the Administrative Code.
(2)
			 Major hazards identified.
(3) Process controls in
			 use.
(4) Mitigation systems
			 in use.
(5) Monitoring and
			 detection systems in use.
(6) Changes since the
			 last process hazard analysis as defined in rule
			 3745-104-25
			 of the Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-47 - Risk management plan: emergency response program and exercises

Current through all regulations passed and filed through July 1, 2024
(A)
								The owner or operator shall provide in the RMP:
(1)
									Name, phone
			 number and email address of local emergency planning and response organizations
			 with which the stationary source last coordinated response efforts, pursuant to
			 paragraph (F) of rule
			 3745-104-05 of the
			 Administrative Code or paragraph (C) of rule
			 3745-104-36
			 of the Administrative Code.
(2)
									The date of the
			 most recent coordination with the local emergency response organizations,
			 pursuant to paragraph (C) of rule
			 3745-104-36
			 of the Administrative Code.
(3)
									A list of federal
			 or state emergency plan requirements to which the stationary source is
			 subject.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-48 - Risk management plan: certification

Current through all regulations passed and filed through July 1, 2024
(A) For program one processes, the owner or
			 operator shall submit in the RMP the certification statement provided in
			 paragraph (B)(4) of rule
			 3745-104-06
			 of the Administrative Code.
(B) For
			 all other covered processes, the owner or operator shall submit in the RMP a
			 single certification that, to the best of the signer's knowledge, information,
			 and belief formed after reasonable inquiry, the information submitted is true,
			 accurate, and complete.
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 3745-104-49 - Risk management plan: updates and required corrections

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 review and
			 update the RMP as specified in paragraph (B) of this rule and submit it in a
			 method and format to a central point specified by USEPA as of the date of
			 submission.
(B) The owner or
			 operator shall revise and update the RMP submitted under rule
			 3745-104-38
			 of the Administrative Code as follows:
(1)
			 Within five consecutive years of its initial submission or each most recent
			 update required by paragraphs (B)(2) to (B)(7) of this rule, whichever is
			 later, and every five consecutive years thereafter. For purposes of determining
			 the date of initial submissions, RMPs submitted before June 21, 1999 are
			 considered to have been submitted on that date.
(2) No later than three years after a newly
			 regulated substance is first listed in 40 CFR Part 68 by USEPA.
(3) No later than the date on which a new
			 regulated substance is first present in an already covered process above a
			 threshold quantity.
(4) No
			 later than the date on which a regulated substance is first present above a
			 threshold quantity in a new process.
(5)
			 Within six months of a change that requires a revised PHA or hazard
			 review.
(6)
			 Within six months of a change that requires a revised offsite consequence
			 analysis as provided in rule
			 3745-104-14
			 of the Administrative Code.
(7)
			 Within six months of a change that changes the applicability level of the
			 process as defined in rule
			 3745-104-05 of the
			 Administrative Code.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-50 - Recordkeeping

Current through all regulations passed and filed through July 1, 2024
The owner or operator shall maintain records supporting the
				implementation of this chapter for five years from the date the record was
				generated unless otherwise provided in rules
				3745-104-24
				to
				3745-104-35
				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
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-51 - Availability of information to the public

Current through all regulations passed and filed through July 1, 2024
(A)
								The RMP required
			 in rules
			 3745-104-38
			 to
			 3745-104-49
			 of the Administrative Code shall be available to the public under section
			 149.43
			 of the Revised Code.
(B)
								No later than ninety days after any RMP reportable
			 accident at the stationary source with any known offsite impact specified in
			 paragraph (A) of rule
			 3745-104-17
			 of the Administrative Code, the owner or operator of a stationary source shall
			 hold a public meeting to provide information required in paragraph (B) of rule
			 3745-104-16
			 of the Administrative Code.
(C)
								Classified and
			 restricted information. The disclosure of information classified or restricted
			 by the department of defense or other federal agencies or contractors of such
			 agencies shall be controlled by applicable laws, regulations, or executive
			 orders concerning the release of that classified or restricted
			 information.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-52 - Permit content and air permitting authority or designated agency requirements

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) These requirements apply to any
			 stationary source subject to this chapter and Chapter 3745-77 of the
			 Administrative Code or 40 CFR Part 71 . The Title V or 40 CFR Part 71 permit
			 for the stationary source shall contain the
			 following:
(1) A statement listing this
			 chapter as an applicable requirement.
(2)
			 Conditions that require the source owner or operator to submit
			 one of the following:
(a) A compliance schedule for meeting the
			 requirements of this part by the date provided in rule
			 3745-104-05 of the
			 Administrative Code .
(b) As
			 part of the compliance certification submitted under paragraph (C) (10)(e) of
			 rule
			 3745-77-03
			 of the Administrative Code, a certification statement that the source is in
			 compliance with all requirements of this chapter, including the registration
			 and submission of the RMP.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-107 › Section 3745-107-01 - Applicabilty, definitions, and reference to materials

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 this rule titled "Reference to
				materials."]
(A)
								Applicabilty. Except where excluded under
			 40 CFR
			 60.5780a, the requirements of this chapter
			 apply to any EGU that meets the applicability under
			 40 CFR
			 60.5775a(b) and commenced
			 construction on or before January 8, 2014.
(B)
								The definitions
			 in this rule apply to this chapter:
(1)
									 "Btu" means British thermal unit.
(2)
									"Director" means
			 the director of the Ohio environmental protection agency.
(3)
									"EGU" means
			 electric generating unit.
(4)
									"Heat rate" or "HR" means a measure of efficiency
			 expressed as Btu per kilowatt hour electric.
(5)
									"HRI" means heat
			 rate improvement.
(6)
									"MWh" means megawatt-hour electric.
(7)
									"U.S. EPA" means
			 the United States environmental protection agency.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-107 › Section 3745-107-02 - EGU-specific operational characteristics, heat rate study and standard of performance

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 3745-107-01 of the Administrative
				Code.]
Any owner or operator of an EGU subject
				to this chapter shall submit the following to the director in accordance with
				the schedules specified in rule 3745-107-03 of the Administrative
				Code:
(A)
								EGU-specific current and anticipated future operational
			 characteristics including, at a minimum, the following:
(1)
									Current electric
			 generation capacity and capacity factors.
(2)
									Hourly and annual
			 carbon dioxide emissions for the most recent five-year period if such data were
			 not reported to U.S. EPA's clean air markets division.
(3)
									A description of
			 the operating conditions of the EGU for the most recent five-year period,
			 including load, heat input and any current or projected changes in operation
			 that were considered when establishing the standard of
			 performance.
(4)
									A summary of anticipated future operational
			 characteristics through the year 2035 or through the end of the remaining
			 useful life, where applicable, including, at a minimum, the following:
(a)
										Future annual
			 generation, capacity, and capacity factors.
(b)
										Annual carbon
			 dioxide emissions.
(c)
										Fuel use, fuel prices, and fuel carbon
			 content.
(d)
										Fixed and variable operations and maintenance
			 costs.
(e)
										Heat rates.
(f)
										Electric
			 generation capacity and capacity factors.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-107 › Section 3745-107-03 - Timelines and enforceability

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 3745-107-01 of the Administrative
				Code.]
(A)
								Final compliance timelines for the standards of
			 performance and associated monitoring record keeping and reporting shall be as
			 follows:
(1)
									
			 For an owner or operator of an EGU subject to this chapter before the effective
			 date of this rule, no later than July 8, 2024.
(2)
									For an owner or
			 operator of an EGU subject to this chapter that no longer meets an exclusion
			 under
			 40 CFR
			 60.5780a, no more than twenty-four months
			 from Ohio's revised plan submittal required under 40 CFR part 60, subpart
			 UUUUa.
(3)
									In lieu of the compliance schedule in paragraph (A)(1)
			 or paragraph (A)(2) of this rule, an extended compliance schedule may be
			 approved by the director provided there are legally enforceable increments of
			 progress to achieve compliance for each EGU. Where practicable, increments of
			 progress shall include the following:
(a)
										Submittal of a
			 final control plan for the EGU to the director.
(b)
										Awarding of
			 contracts for emission control systems or for process modifications, or
			 issuance of orders for the purchase of component parts to accomplish emission
			 control or process modification.
(c)
										Initiation of
			 on-site construction or installation of emission control equipment or process
			 change.
(d)
										Completion of on-site construction or installation of
			 emission control equipment or process change.
(e)
										Final
			 compliance.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-107 › Section 3745-107-04 - Monitoring, record keeping and reporting

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 3745-107-01 of the Administrative
				Code.]
Any owner or operator of an EGU subject
				to this chapter shall monitor, recordkeep and report emission and electricity
				generation data in accordance with one of the following:
(A)
								40 CFR part
			 75.
(B)
								An alternative monitoring, recordkeeping, and reporting
			 plan that meets the following requirements:
(1)
									Specifies the
			 methods, systems, and formulas used to measure carbon dioxide
			 emissions.
(2)
									Includes methods to continuously and accurately measure
			 all carbon dioxide emissions, carbon dioxide emission rates and other data
			 necessary to demonstrate compliance and assure data quality.
(3)
									Includes quality
			 assurance test requirements sufficient to ensure monitoring systems provide
			 accurate and reliable data for assessing and verifying
			 compliance.
(4)
									Includes recordkeeping requirements and electronic
			 reporting procedures and systems.
(5)
									Includes data
			 validation procedures to ensure that data are complete and calculated
			 consistent with 40 CFR part 75. Data validation procedures would include
			 procedures for determining substitute data in instances where data would
			 otherwise be incomplete.
(6)
									Is submitted in accordance with the timeline specified
			 in rule 3745-107-03 of the Administrative Code and is approved by the director
			 and is included in Ohio's plan submitted in accordance with 40 CFR part 60,
			 subpart UUUUa.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-110 - Nitrogen Oxides - Reasonably Available Control Technology › Section 3745-110-02 - 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 referenced in this rule, see paragraph (C) of rule
				3745-110-01 of the
				Administrative Code titled "Referenced materials."]
(A) Unless exempted under paragraph (K) of
			 rule
			 3745-110-03
			 of the Administrative Code, the requirements of this chapter apply to any
			 stationary source of NOx emissions that meets one of the following conditions:
(1) Existing sources.
(a) The source is, as defined in rule
			 3745-110-01 of the
			 Administrative Code, a very large boiler, large boiler, mid-size boiler, small
			 boiler, stationary combustion turbine, stationary internal combustion engine,
			 or reheat furnace, or the source is located at a facility that emits or has the
			 potential to emit a total of more than one hundred tons per year of NOx
			 emissions from all sources at that facility, including all sources that are
			 exempt under rule
			 3745-110-03
			 of the Administrative Code.
(b) The
			 source is located in Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina,
			 Portage, or Summit county as of December 22, 2007 or
			 the date of initial startup of the source, whichever is later.
(c)
										The source is
			 located in Butler, Clermont, Hamilton or Warren county as of the effective date
			 of this rule or the date of the initial startup of the source, whichever is
			 later.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-110 - Nitrogen Oxides - Reasonably Available Control Technology › Section 3745-110-03 - RACT requirements and/or limitations for emissions of NOx from stationary sources

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
				3745-110-01 of the
				Administrative Code titled "Referenced materials."]
(A) Small boilers.
The owner or operator of a small boiler shall annually perform
				a tune-up and maintain, in a permanently bound log book, or other format
				approved in writing by the director the following information:
(1) The date of the last tune-up.
(2) The name, title and affiliation of the
			 person who performed the tune-up and made any adjustments.
(3) Any other information which the Ohio
			 environmental protection agency may require as a condition of approval of any
			 permit for the boiler.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-110 - Nitrogen Oxides - Reasonably Available Control Technology › Section 3745-110-04 - Compliance deadlines

Current through all regulations passed and filed through July 1, 2024
(A) Certification and permit application
			 requirements.
(1) Within one hundred twenty
			 days of becoming subject to this chapter, any owner or operator of a source
			 subject to paragraphs (A) to (G) of rule
			 3745-110-03
			 of the Administrative Code and which is not subject to paragraph (A)(2) of this
			 rule shall do one of the following:
(a)
			 Certify in writing to the director that such source is in compliance with all
			 requirements of rule
			 3745-110-03
			 of the Administrative Code. Such certification shall include: equipment
			 description, Ohio environmental protection agency permit application number(s)
			 (if assigned), and all necessary data (consistent with the appropriate permit
			 application appendices) and calculations which confirm the compliance status.
			 The certification shall also include an application for a permit-to-operate
			 such source if such source does not possess an effective permit.
(b) Submit an application for a
			 permit-to-operate or an application for a modification to a permit-to-operate
			 in accordance with either rule
			 3745-31-02
			 of the Administrative Code or Chapter 3745-77 of the Administrative Code. Such
			 application shall include a compliance program which will bring the source into
			 compliance with all the requirements of rule
			 3745-110-03
			 of the Administrative Code as expeditiously as practicable, but in no event
			 later than the date specified in paragraph (B) of this rule.
Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-111 - Voluntary Emission Reduction Credit Banking Program › Section 3745-111-02 - ERC banking program for the purpose of enabling the acquisition of offsets

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
				(K)
								 of rule
				3745-111-01 of the
				Administrative Code.]
(A) Purpose and
			 general clause.
(1) The purpose of this
			 chapter is to establish a voluntary statewide ERC banking program for the
			 purpose of enabling the acquisition of offsets that shall be implemented in
			 accordance with this chapter.
(2)
			 Nothing in this chapter shall be construed to be a mandatory requirement except
			 when a person, as specified in paragraph (B)(2) of this rule, chooses to
			 voluntarily participate in the ERC banking program. At such time, the
			 requirements of this chapter shall apply.
(3) Nothing in this chapter shall be
			 construed to restrict the director's authority to attain and maintain the
			 national ambient air quality standards of the Ohio state implementation plan
			 requirements.
(4) Nothing in this
			 chapter shall be construed to restrict the use of offsets consistent with
			 Chapter 3745-31 of the Administrative Code; Section 173 of the Clean Air Act;
			 40 CFR Part 51; 40 CFR Part 51, Appendix S; or 40 CFR Part 52.