reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-70 - Exercise definitions

Current through all regulations passed and filed through July 1, 2024
As used in the exercise rules:
(A) "Actual event" means a reportable release
			 as defined by section
			 3750.06
			 of the Revised Code and rules adopted thereunder, for which exercise credit is
			 being requested.
(B) "Alternate
			 emergency operations center" (EOC) means a fixed facility which meets all of
			 the criteria in paragraph (B) of this rule and which can be used when the
			 primary EOC is not available or geographic considerations make the alternate
			 EOC more capable of accomplishing the essential functions of the primary
			 EOC.
(C) "Exercise objective" means
			 the list of criteria used to evaluate a specific operations function. Exercise
			 objectives are identified by the commission in the OHM-EEM.
(D) "Operational capability" means the
			 ability of emergency personnel to respond to individual chemical hazards in a
			 manner which minimizes adverse effects upon the public, property, and the
			 environment in compliance with applicable federal, state, and local statutes
			 and regulations.
(E) "Points of
			 review" means those individual points identified in each exercise objective
			 which are collectively used to evaluate the demonstration of a specific
			 objective during an exercise, as established by the commission in the
			 OHM-EEM.
(F) "Primary emergency
			 operations center" (EOC) means a fixed facility that is identified in the
			 state's or the district's "chemical emergency response and preparedness plan"
			 and that must be the same primary EOC identified in the state or local
			 emergency operations plan. The facility 
								shall be capable
			 of accommodating essential municipal, county, state, federal, and private
			 representatives who are identified in the state's or the district's "chemical
			 emergency response and preparedness plan"
			 and be physically equipped to accommodate all
			 participants' needs, as identified in the EOC requirements list found in the
			 "Ohio Hazardous Materials Exercise Evaluation Manual" (OHM-EEM). An EOC's
			 essential functions are the following:
(1)
			 Gathering and displaying information.
(2) Coordination and
			 decision-making.
(3) Establishment
			 of response and recovery priorities.
(4) Identification and coordination of
			 resources.
(5) Providing
			 centralized direction, control, and warning for response and recovery
			 actions.
(6) Supporting field
			 operations.
(7) Establishing and
			 maintaining communications with field and support agencies.
[Comment: "Ohio Hazardous Materials Exercise Evaluation Manual"
				(December 2016, revised February 2017) (OHM-EEM):
				copies can be obtained by contacting the "State Emergency Response
				Commission (SERC), 50 W. Town Street, PO Box 1049,
				Columbus, Ohio 43216-1049." The document is also available electronically at:
https://epa.ohio.gov/portals/27/serc/SERC_2016%20OHM-EEM.pdf
.
				.]
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-72 - Chemical emergency response plans

Current through all regulations passed and filed through July 1, 2024
For guidance in preparation of chemical emergency response and
				preparedness plans, the commission and each committee shall use, at a minimum,
				the "Ohio Hazardous Materials Plan Development and Evaluation Document,"
				adopted, updated, and supplemented by the commission, as authorized by Chapter
				3750. of the Revised Code.
[Comment: "Ohio Hazardous Materials
				Plan Development and Evaluation Document" (April 2016), copies may be obtained
				by contacting the "State Emergency Response Commission (SERC), 50 W. Town
				Street, PO Box 1049, Columbus, Ohio 43216-1049." The document is also available
				electronically at:
https://epa.ohio.gov/Portals/27/serc/Crosswalk.pdf
.]
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-74 - Review of plans

Current through all regulations passed and filed through July 1, 2024
(A) The commission has designated the Ohio
			 emergency management agency to conduct initial and annual plan reviews required
			 by division (B) of section
			 3750.04
			 of the Revised Code. The Ohio emergency management agency will utilize the
			 commission approved "Ohio Hazardous Materials Plan Development and Evaluation
			 Document" in plan evaluation.
(1) Each
			 chemical emergency response and preparedness plan submitted to the commission
			 shall have a table of contents describing the location of the minimum plan
			 requirements as identified in division (A) of section
			 3750.04
			 of the Revised Code. Completion of the crosswalk
			 component of the "Ohio Hazardous Materials Plan Development and Evaluation"
			 documents may serve to meet the table of contents requirement of this
			 paragraph.
(2) The commission
			 shall provide to the committees the commission approved document as guidance in
			 the development of the committee's chemical emergency response and preparedness
			 plan.
(3) Following the committee's
			 review of 
									the plan, the committee will submit the plan to the
			 Ohio emergency management agency.
(4) The Ohio emergency management agency will
			 review the committee's plan against the thirteen plan requirements listed in
			 division (A) of section
			 3750.04
			 of the Revised Code and the commission-approved "Ohio Hazardous Materials Plan
			 Development and Evaluation Document."
(5) The Ohio emergency management agency will
			 prepare a report listing plan review findings and submit the report to the
			 commission, recommending concurrence or refusal to concur with the
			 plan.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-76 - Types of exercises

Current through all regulations passed and filed through July 1, 2024
(A) The following types of exercises shall be
			 employed by each committee and the commission subject to the annual exercise
			 requirement of their chemical emergency response and preparedness plans under
			 divisions (A)(12) and (C) of section
			 3750.04 of the Revised Code and
			 division (B)(13) of section
			 3750.02 of the Revised Code for
			 the commission.
(1) A "tabletop exercise" is
			 an activity in which commission, committee, planning district, local emergency
			 management personnel, elected or appointed officials, and other individuals
			 with emergency responsibilities are gathered together to discuss planned
			 response to various simulated emergency situations. Using existing plans, the
			 exercise is designed to elicit constructive discussion by the participants as
			 they examine and attempt to resolve response problems. The purpose is for
			 participants to evaluate plans and to resolve questions of coordination and
			 assignment of responsibilities throughout the exercise. Each tabletop exercise
			 shall demonstrate at least three but no more than five of the objectives
			 defined in paragraph (D) of rule
			 3750-20-70
			 of the Administrative Code.
(2) A
			 "functional exercise" is an activity designed to test or evaluate the
			 operational capability of an individual function, or complex activities within
			 a function of emergency response. This type of exercise is applicable where the
			 response activity is capable of being evaluated in isolation from other
			 emergency management activities. A functional exercise fully tests specific
			 functions of the committee's chemical emergency response and preparedness plan.
			 An EOC or command post is activated and used to demonstrate the use of command
			 structure. Each functional exercise shall physically demonstrate at least four
			 but no more than seven of the objectives defined in paragraph (D) of rule
			 3750-20-70
			 of the Administrative Code.
(3) A
			 "full-scale exercise" is an activity intended to evaluate the operational
			 capability of the overall emergency management systems in an interactive
			 manner. A full-scale exercise involves the testing of a majority of the
			 functions of the committee's chemical emergency response and preparedness plan.
			 A full-scale exercise requires actual field play that includes mobilization and
			 actual deployment of emergency personnel and resources required to demonstrate
			 coordination and response capabilities. An EOC or command post shall be
			 activated to coordinate operational field capabilities. Each full-scale
			 exercise shall physically demonstrate eight or more of the objectives as
			 defined in paragraph (D) of rule
			 3750-20-70
			 of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-78 - Execution of exercises

Current through all regulations passed and filed through July 1, 2024
(A) The commission shall use a recurring
			 four-year exercise cycle which began on July 1, 1993. For purposes of this
			 rule, "year" means the state fiscal year.
(B) The commission, under division (B)(13) of
			 section 3750.02 of the Revised Code, and
			 each committee subject to the annual exercise of their chemical emergency
			 response and preparedness plan under divisions (A)(12) and (C) of section
			 3750.04 of the Revised Code
			 shall conduct a minimum of one full-scale exercise within each four-year
			 exercise cycle.
(C) An EOC, as
			 identified in the committee's chemical emergency response and preparedness plan
			 must be fully activated and evaluated a minimum of once within each four-year
			 exercise cycle.
(D) The commission
			 and each committee shall have the option of conducting a tabletop exercise,
			 functional exercise, or full-scale exercise, as defined in paragraphs (A)(1) to
			 (A)(3) of rule
			 3750-20-76 of
			 the Administrative Code to fulfill the requirement of an annual exercise the
			 remaining three years of each four-year exercise cycle.
(E) During each four-year exercise cycle, the
			 commission and each committee shall demonstrate at a minimum, all exercise
			 objectives identified in the OHM-EEM.
(F) During each four-year exercise cycle, the
			 commission and each committee shall follow all written procedures identified in
			 the OHM-EEM.
(G) No more than two
			 actual incidents may be used as an exercise during each four-year exercise
			 cycle.
(H) Each exercise of a
			 committee's plan according to division (B)(2)(b) of section
			 3750.02 of the Revised Code,
			 shall involve, in addition to local emergency response and medical personnel,
			 either a facility that is subject to the plan or a transporter of hazardous
			 materials as defined by regulations adopted under the "Hazardous Materials
			 Transportation Act" 88 Stat. 2156, 49 U.S.C. 1801 (1976), as amended. For
			 facility incidents, chemicals used in exercises can be any hazardous chemical
			 on site as defined under the "Occupational Safety and Health Act of 1970," 84
			 Stat. 1590,
			 29
			 U.S.C. 651 as amended and the regulations
			 adopted under it. For transportation incidents, chemicals used in exercises
			 must be a regulated chemical cargo load governed by the "Hazardous Materials
			 Transportation Act."
R.C.
				119.032 review dates:
				08/21/2014 and
				08/21/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(2)(a),
				3750.02(B)(2)(b)
Rule Amplifies:
				3750.04
Prior
				Effective Dates: 1/16/91, 11/1/93, 10/1/98,
				5/15/04
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-80 - Review of exercises

Current through all regulations passed and filed through July 1, 2024
(A) The commission has designated the Ohio
			 emergency management agency to observe and conduct reviews of the annual
			 exercise of each committee's chemical emergency response and preparedness plan
			 required by division (C) of section
			 3750.04 of the Revised Code.
(B) An annual exercise review by
			 the commission shall be limited to those committees that have submitted a
			 chemical emergency response and preparedness plan which has been reviewed by
			 the commission.
(C) The Ohio
			 emergency management agency will produce a report on each exercise observed and
			 submit the report to the commission. Each report shall be based on the direct
			 observation of the exercise and the evaluator's findings. Each report shall
			 include, but is not limited to the following:
(1) A synopsis or general statement on the
			 results of the exercise; and,
(2)
			 Specific comments on any point of review within each selected exercise
			 objective which was not adequately demonstrated; and,
(3) Recommendations for plan improvements and
			 corrective actions for those points of review within each selected exercise
			 objective not adequately demonstrated; and,
(4) A recommendation to either concur with
			 the exercise or require a corrective action plan.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-82 - Issuance of exercise order by commission

Current through all regulations passed and filed through July 1, 2024
(A) When the commission receives a report
			 prepared in accordance with paragraph (C) of rule
			 3750-20-80 of
			 the Administrative Code that an exercise demonstrated a majority of the points
			 of review within each selected exercise objective, the commission shall issue
			 an order of concurrence
(B) When a
			 committee is required to submit a corrective action plan in accordance with
			 paragraphs (D) and (E) of rule
			 3750-20-80 of
			 the Administrative Code, the commission shall issue one of the following
			 orders:
(1) An order of concurrence with the
			 exercise if the corrective action plan was submitted within sixty days and sets
			 forth actions taken or to be taken to correct unmet points of review within
			 those exercise objectives identified in the exercise report as not adequately
			 demonstrated.
(2) An order
			 refusing to concur with the exercise if the corrective action plan is not
			 submitted within sixty days or does not set forth actions taken or to be taken
			 to correct unmet points of review within those exercise objectives identified
			 in the exercise report as not adequately demonstrated.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-20 - Emergency Planning › Section 3750-20-84 - Public review of plan exercises

Current through all regulations passed and filed through July 1, 2024
(A) The exercise review report from each
			 full-scale exercise shall be made available to the public of the respective
			 planning district in the form of a public critique.
(B) Each committee shall discuss the conduct
			 and review of each full-scale exercise at a meeting open to the public in
			 accordance with section
			 121.22 of the Revised Code.
			 Discussions may be held at a regularly scheduled committee meeting or at a
			 separately advertised special meeting. The meeting will include discussion of
			 issues concerning the exercise and public commentary.
R.C.
				119.032 review dates:
				08/21/2014 and
				08/21/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(2)(a),
				3750.02(B)(2)(b)
Rule Amplifies:
				3750.04
Prior
				Effective Dates: 1/16/91, 10/1/98
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-25 - Emergency Release Notification › Section 3750-25-01 - Facilities subject to emergency release notification 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 (YY) of
				rule
				3750-1-01
				of the Administrative Code titled "Referenced materials."]
(A) A facility as defined in paragraph (Q) of
			 rule
			 3750-1-01
			 of the Administrative Code that meets both of the following criteria is subject
			 to the release notification reporting requirements of section
			 3750.06 of the Revised Code:
(1) Where a hazardous chemical is produced,
			 used or stored.
(2) From
			 which there is a release of an extremely hazardous substance or hazardous
			 substance or oil in a quantity equal to or exceeding the applicable reportable
			 quantity established under rules
			 3750-20-30,
			 3750-20-50,
			 and
			 3750-25-20
			 of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-25 - Emergency Release Notification › Section 3750-25-05 - Designation of hazardous 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 (YY) of
				rule
				3750-1-01
				of the Administrative Code titled "Referenced materials".]
(A) Listed hazardous substances.
The elements and compounds and hazardous waste identified under
				rule
				3750-20-50
				of the Administrative Code are designated as hazardous substances for purposes
				of agency 3750 of the Administrative Code.
(B) Unlisted hazardous substances.
A solid waste, as defined in
				40 CFR Part
				261.2, which is not excluded from regulation
				as a hazardous waste under
				40
				CFR Part 261.4(b), is a
				hazardous substance for purposes of agency 3750 of the Administrative Code if
				the solid
				waste exhibits any of the characteristics identified in
				40 CFR
				Part 261.20 to Part
				261.24.
Effective: 11/18/2017
Five Year
				Review (FYR) Dates: 8/1/2017 and
				08/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)
Rule Amplifies:
				3750.06
Prior
				Effective Dates: 6/30/93, 6/5/06,
				10/29/11
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-25 - Emergency Release Notification › Section 3750-25-10 - Determination of reportable quantities for hazardous 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 (YY) of
				rule
				3750-1-01
				of the Administrative Code titled "Referenced materials."]
(A) Listed hazardous substances.
The quantity listed in the column entitled "Final RQ" for each
				substance in 40 CFR Part 302 Table 302.4, or in Appendix B to Table 302.4 is
				the reportable quantity (RQ) for that substance. The table and appendix has
				been incorporated by reference under paragraph (A) of rule
				3750-20-50
				of the Administrative Code. The RQs in 40
				CFR Part 302 Table 302.4 are in units of pounds based on chemical toxicity,
				while the RQs in 40 CFR Part 302 Appendix B to Table 302.4 are in units of
				curies based on radiation hazard. Whenever the RQs in 40 CFR Part 302 Table
				302.4 and Appendix B to the table are in conflict, the lowest RQ shall
				apply.
(B) Unlisted
			 hazardous substances.
Unlisted hazardous substances designated by 40 CFR Part 302
				Table 302.4 have the reportable quantity of one hundred pounds, except for
				those unlisted hazardous wastes which exhibit extraction procedure "Toxic
				Characteristic Leaching Procedure" (TCLP) toxicity identified in 40 CFR Part 261.24. Unlisted hazardous wastes which
				exhibit TCLP toxicity have the reportable quantities listed in 40 CFR Part 302 Table 302.4 for the contaminant on
				which the characteristic of TCLP toxicity is based. The reportable quantity
				applies to the waste itself, not merely to the toxic contaminant. If an
				unlisted hazardous waste exhibits TCLP toxicity on the basis of more than one
				contaminant, the reportable quantity for that waste shall be the lowest of the
				reportable quantities listed in 40 CFR Part 302 Table 302.4 for those
				contaminants. If an unlisted hazardous waste exhibits the characteristic of
				TCLP toxicity and one or more of the other characteristics referenced in
				40 CFR Part 302 Table 302.4, the
				reportable quantity for that waste shall be the lowest of the applicable
				reportable quantities.
Effective: 11/18/2017
Five Year
				Review (FYR) Dates: 8/1/2017 and
				08/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)
Rule Amplifies:
				3750.06
Prior
				Effective Dates: 6/30/93, 6/5/06,
				10/29/11
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-25 - Emergency Release Notification › Section 3750-25-12 - Determining notification requirements of mixtures or solutions

Current through all regulations passed and filed through July 1, 2024
(A) An owner or
			 operator of a facility or vessel from which a release of mixtures or solutions
			 (including hazardous waste streams) of hazardous substances, except for
			 radionuclides, is subject to the release notification requirements as set forth
			 under rule
			 3750-25-25
			 of the Administrative Code if:
(1) The
			 quantity of all of the hazardous waste constituent(s) of the mixture or
			 solution is known, notification is required where a reportable quantity or more
			 of any hazardous constituents is released; or
(2) The quantity of one or more of the
			 hazardous constituent(s) of the mixture or solution is unknown, notification is
			 required where the total amount of the mixture or solution released equals or
			 exceeds the reportable quantity for the hazardous constituent with the lowest
			 reportable quantity.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-25 - Emergency Release Notification › Section 3750-25-13 - Release notification requirements for radionuclides and solid particles

Current through all regulations passed and filed through July 1, 2024
(A) An owner or
			 operator of a facility or vessel from which a release of radionuclides occurred
			 is subject to the release notification requirements as set forth under rule
			 3750-25-25
			 of the Administrative Code only in the following circumstances:
(1) If the identity and quantity (in curies)
			 of each radionuclide in a released mixture or solution is known, the ratio
			 between the quantity released (in curies) and the reportable quantity for the
			 radionuclide must be determined for each radionuclide. The only such releases
			 subject to the release notification requirements as set forth under rule
			 3750-25-25
			 of the Administrative Code are those in which the sum of the ratios for the
			 radionuclides in the mixture or solution released is equal or greater than one.
(2) If the identity of each
			 radionuclide in a released mixture or solution is known but the quantity
			 released (in curies) of one or more of the radionuclides in unknown, the only
			 such release subject to the release notification requirements as set forth
			 under rule
			 3750-25-25
			 of the Administrative Code are those in which the total quantity(in curies) of
			 the mixture or solution released is equal to or greater than the lowest
			 reportable quantity of any individual radionuclide in the mixture or solution.
(3) If the identity of one or more
			 radionuclides in a released mixture or solution is unknown (or if the identity
			 or a radionuclide released by itself is unknown), the only such releases
			 subject to the release notification requirements as set forth under rule
			 3750-25-25
			 of the Administrative Code, are those in which the total quantity(in curies)
			 released is equal to or greater than either one curie or the lowest reportable
			 quantity of any known individual radionuclide in the mixture or solution,
			 whichever is lower.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-25 - Emergency Release Notification › Section 3750-25-15 - Calculations for reportable quantities of continuous releases

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 (YY) of
				rule
				3750-1-01
				of the Administrative Code titled "Referenced materials."]
(A) Except as provided in paragraph (C) of
			 this rule, a release notification shall not be required under rule
			 3750-25-25
			 of the Administrative Code for any release of a hazardous substance that is
			 pursuant to the definitions in paragraph (B) of this rule
			 continuous and stable in quantity and rate.
(B) The following terms are defined terms
			 which apply this rule of release notification of continuous releases:
(1) "Continuous" or "continuous release"
			 means a release that occurs without interruption or abatement or that is
			 routine, anticipated, and intermittent and incidental to normal operations or
			 treatment processes.
(2) "Normal
			 range" means all releases (in pounds or kilograms) of a hazardous substance
			 reported or occurring over any twenty-four hour period under normal operating
			 conditions during the preceding year. Only releases that are both continuous
			 and stable in quantity and rate may be included in the normal range.
(3) "Routine" means a release that occurs
			 during normal operating procedures or processes.
(4) "Stable in quantity and rate" means a
			 release that is predictable and regular in amount and rate of
			 emission.
(5) "Statistically
			 significant increase" means a release is an increase in the
			 quantity of the hazardous substances released above the upper bound of the
			 reported normal range of the release.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-25 - Emergency Release Notification › Section 3750-25-20 - Reportable quantities for oil including crude oil

Current through all regulations passed and filed through July 1, 2024
(A) This rule shall set forth the reportable
			 quantities for the discharge and release of oil and crude oil as defined in
			 paragraphs (AA) and (SS) of rule
			 3750-1-01
			 of the Administrative Code from a facility as follows:
(1) The reportable quantity for the discharge
			 of oil including crude oil into or upon navigable waters is any amount which
			 causes a film or sheen upon or discoloration of the surface of the waters or
			 cause a sludge or emulsion to be deposited beneath the surface of the waters.
(2) Except as provided in
			 paragraph (A)(3) of this rule, the reportable quantity for the release of oil
			 into the environment, excluding navigable waters, is an amount of twenty-five
			 gallons or more.
(3) The
			 reportable quantity for the release of crude oil from an oil and gas extraction
			 storage facility as defined in paragraph (BB) of rule
			 3750-1-01
			 of the Administrative Code into the environment, excluding navigable waters, is
			 an amount of two hundred ten gallons(five barrels) or more. As used in this
			 paragraph, a barrel is equal to forty-two United States gallons.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-30 - Hazardous Chemical Reporting › Section 3750-30-01 - Facilities subject to hazardous chemical reporting 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 (YY) of
				rule
				3750-1-01
				of the Administrative Code titled "Referenced materials."]
(A) A facility that meets both of the
			 following criteria is subject to hazardous chemical reporting under rules
			 3750-30-15
			 and
			 3750-30-20
			 of the Administrative Code:
(1) Any facility
			 whose owner or operator is required to prepare or have available a " Safety Data Sheet
			 (SDS)"
			 for a hazardous chemical under the Occupational Safety and Health Act of 1970,
			 29
			 USC 651 to
			 678,
			 as amended, and regulations adopted thereunder.
(2) The facility has present an amount of any
			 one or more hazardous chemical equal to or exceeding the threshold quantity
			 established under rule
			 3750-30-27
			 of the Administrative Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-30 - Hazardous Chemical Reporting › Section 3750-30-15 - List or safety data sheets reporting requirements for subject facilities

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in paragraph (C) of
			 this rule, an owner or operator of a facility subject to rule
			 3750-30-01
			 of the Administrative Code shall submit a list of any hazardous chemical
			 present at the facility according to the minimum threshold quantity schedule
			 established in paragraph (A) of rule
			 3750-30-27
			 of the Administrative Code within three months of first acquiring the regulated
			 quantity of any hazardous chemical to the commission, the committee and the
			 fire department having jurisdiction over the facility.
(B) The list shall contain the following:
(1) A listing of the hazardous chemicals for
			 which a  safety data sheet
			 hereinafter "SDS" is required, grouped by hazard categories as
			 defined in rule
			 3750-30-25
			 of the Administrative Code;
(2) The
			 chemical name or common name of each hazardous chemical as provided on the
			 SDS;
(3)
			 Except for reporting of mixtures under paragraph (D) of rule
			 3750-30-27
			 of the Administrative Code, any hazardous component of each hazardous chemical
			 as provided on the SDS;
(4)
			 An indication as to whether the owner or operator has chosen to withhold the
			 chemical identification from disclosure as trade secret pursuant to section
			 3750.09
			 of the Revised Code.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-30 - Hazardous Chemical Reporting › Section 3750-30-20 - Facility emergency and hazardous chemical inventory form

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 (YY) of
				rule
				3750-1-01
				of the Administrative Code titled "Referenced materials."]
(A) Each owner or operator of a facility that
			 is subject to rule
			 3750-30-01
			 of the Administrative Code shall annually prepare a facility emergency and
			 hazardous chemical inventory report containing the information as defined in
			 paragraphs (B) to (D) of this rule using either forms prescribed by the
			 commission or via electronic submission as prescribed by the commission. The
			 owner or operator of a facility subject to this rule shall annually submit this
			 report on or before of March first of each year to each of the following:
(1) The local emergency planning committee of
			 the emergency planning district in which the facility is located.
(2) The commission.
(3) The fire department having jurisdiction
			 over the facility.
[Comment: Ohio's commission has adopted a resolution requesting
				the submission of tier II information on Ohio's approved forms. In addition to
				the requirements in paragraph (A) of this rule, each owner or operator must
				submit an annual inventory filing fee and facility annual chemical inventory
				fee worksheet (EPA 0320) as prescribed in rule
				3750-50-01
				of the Administrative Code to the commission.]
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-30 - Hazardous Chemical Reporting › Section 3750-30-25 - Identification of hazardous chemicals

Current through all regulations passed and filed through July 1, 2024
A chemical is a hazardous chemical if
				such chemical meets the definition under paragraph (U) of rule
				3750-1-01
				of the Administrative Code and falls into one of the following
				categories:
(A)
								"Health hazard" means a chemical which poses one of the
			 following hazardous effects: Carcinogenicity; acute toxicity (any route of
			 exposure); aspiration hazard; reproductive toxicity; germ cell mutagenicity;
			 skin corrosion or irritation; respiratory or skin sensitization; serious eye
			 damage or eye irritation; specific target organ toxicity (single or repeated
			 exposure); simple asphyxiant; and hazard not otherwise classified
			 (HNOC).
(B)
								"Physical hazard" means a chemical which poses one of
			 the following hazardous effects: Flammable (gases, aerosols, liquids or
			 solids); gas under pressure; explosive; self-heating; pyrophoric (liquid or
			 solid); pyrophoric gas; oxidizer (liquid, solid or gas); organic peroxide;
			 self-reactive; in contact with water emits flammable gas; combustible dust;
			 corrosive to metal; and hazard not otherwise classified (HNOC).
Replaces: 3750-30-25
Effective: 1/15/2018
Five Year
				Review (FYR) Dates: 01/15/2023
Promulgated Under:
				119.03
Statutory
				Authority: 3750.02(B)(1)(b)
Rule Amplifies:
				3751.01(G)
Prior Effective Dates: 6/30/90,
				8/01/16
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-30 - Hazardous Chemical Reporting › Section 3750-30-27 - Threshold quantities for hazardous chemical reporting

Current through all regulations passed and filed through July 1, 2024
(A) Except as
			 provided in paragraph (C) of this rule the minimum threshold quantity for
			 reporting under rules
			 3750-30-15
			 and
			 3750-30-20
			 of the Administrative Code shall be according to the following schedule:
The owner or operator of a facility subject to rule
				3750-30-01
				of the Administrative Code shall submit a list as defined in paragraph (B) of
				rule
				3750-30-15
				of the Administrative Code or 
									SDS pursuant to paragraph (C) of rule
				3750-30-15
				of the Administrative Code:
(1) On or
			 before October 17, 1989, (or three months after the facility first becomes
			 subject to this rule), for all hazardous chemicals present at the facility in
			 amounts equal to or exceeding ten thousand pounds, or that are extremely
			 hazardous substances present at the facility in an amount equal to or exceeding
			 five hundred pounds (or fifty-five gallons) or the threshold planning quantity,
			 whichever is less.
(2) On or after
			 January 1, 2001 for gasoline or diesel fuel located at a retail gas station
			 when one or more of the following are met:
(a)
			 Amounts of gasoline equal to or exceeding seventy-five thousand gallons (all
			 grades combined).
(b) Amounts of
			 diesel fuel equal to or exceeding one hundred thousand gallons (all combined
			 grades).
(c) Fuel stored in tanks
			 that were not entirely underground.
(d) Tanks located at a retail gas station
			 that were not in compliance at all times during the preceding calendar year
			 with all applicable underground storage tank requirements contained in Chapter
			 1301:7-9 of the Administrative Code.
[Comment: For the purposes of this rule, retail gas station
				means a retail facility engaged in selling gasoline or diesel fuel principally
				to the public, for motor vehicle use on land.]
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-50 - Fees, Funding and Grants › Section 3750-50-01 - Annual inventory filing fees and form

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided in paragraph (C), (D),
			 or (E) of this rule, an owner or operator of a facility subject to rule
			 3750-30-01
			 of the Administrative Code shall pay to the Commission an annual inventory
			 filing base fee for the preceding calendar year of one hundred fifty dollars to
			 be submitted on or before the first day of March of each year with the
			 inventory form(s) prescribed in rule
			 3750-30-20
			 of the Administrative Code and facility identification form prescribed in rule
			 3750-30-20
			 of the Administrative Code unless they meet the requirements of paragraph (D)
			 or (E) of this rule.
Note: The commission provides instructions for fee submission
				in its Emergency Planning and Community Right to Know Act (EPCRA) facility
				compliance manual.
(1) An owner or
			 operator of a facility subject to inventory reporting which has present
			 hazardous chemicals in an amount equal to or above the threshold quantity,
			 shall pay an additional annual inventory filing fee of twenty dollars per
			 hazardous chemical for each hazardous chemical.
(2) An owner or operator of a facility
			 subject to inventory reporting shall pay an additional annual inventory filing
			 fee of one hundred fifty dollars for each extremely hazardous substance
			 reported on the inventory form.
The fee established in paragraph (A)(1) of this rule does not
				apply if the hazardous chemical reported on the inventory form is also an
				extremely hazardous substance to which only the additional inventory filing fee
				of one hundred fifty dollars as set forth in this paragraph applies.
(3) The annual inventory filing
			 fee submitted for a single reporting facility shall not exceed twenty-five
			 hundred dollars except as noted for oil and gas extraction facilities under
			 paragraphs (D) and (E) of this rule.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-50 - Fees, Funding and Grants › Section 3750-50-03 - Emergency planning and community right-to-know fund

Current through all regulations passed and filed through July 1, 2024
(A) Moneys received
			 by the commission for filing fees based upon an owner or operator's annual
			 chemical inventory filing fee under rule
			 3750-50-01
			 of the Administrative Code, fees collected for actual costs in accessing files
			 and records submitted to the commission pursuant to division (B)(2)(c)(x) of
			 section 3750.02 of the Revised Code, and
			 civil penalties imposed under division (B) of section
			 3750.20 of the Revised Code,
			 shall be credited to the "Emergency Planning and Community Right-To-Know Fund"
			 (hereinafter referred to as "fund") created in section
			 3750.14 of the Revised Code for
			 the implementation and administration of Chapter 3750. of the Revised
			 Code.
(B) Moneys collected by the
			 commission pursuant to paragraph (A) of this rule shall be credited to the fund
			 until an aggregate amount of five million dollars has been accumulated during a
			 state fiscal year. All moneys in excess of five million dollars received during
			 a state fiscal year shall be credited to the "Emergency planning and Community
			 Right-To-Know Reserve Fund" (hereinafter referred to as "Reserve Fund") created
			 in section 3750.14 of the Revised Code and
			 established in rule
			 3750-50-20
			 of the Administrative Code.
(C) The
			 commission shall administer both the fund and reserve fund.
(D) The commission shall annually determine
			 allocation of the fund on or before May first of each year. The commission
			 shall allocate moneys in the fund through a grant program adopted by the
			 commission to each of the following entities or classes of entities in the
			 percentages stated:
(1) To the commission, not
			 less than fifteen nor more than twenty-five per cent of the moneys in the
			 fund.
(2) To
			 the committees, not less than sixty-five nor more than seventy-five per cent of
			 the moneys in the fund.
(3) To
			 fire departments, not less than five nor more than fifteen per cent of the
			 moneys in the fund.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-50 - Fees, Funding and Grants › Section 3750-50-05 - Special emergency planning fund

Current through all regulations passed and filed through July 1, 2024
(A) Moneys received by the committee
			 of the district lying wholly within the boundaries of a county shall be
			 credited to the "Special Emergency Planning Fund" (hereinafter referred to as
			 "special fund") created in 
								section
			 3750.03 of the Revised
			 Code. If a district or joint district contains territory within two or
			 more counties, moneys received by the committee shall be credited to the
			 special fund created by 
								section
			 3705.03 of the Revised
			 Code in the treasury of the county whose county auditor has been
			 designated by the committee as the fiscal officer of the district.
(B) All moneys received as civil penalties
			 under divisions (B)(1) to (B)(4) of section
			 3750.20 of the Revised Code
			 pursuant to actions brought by the committee or local fire department shall be
			 credited to the special fund of the district in which the violation occurred.
(C) The special fund shall be
			 administered by the committee of the emergency planning district and moneys
			 credited to the special fund shall be expended only for the purpose of carrying
			 out the powers and duties of the committee under Chapter 3750. of the Revised
			 Code, rules adopted and orders issued 
								thereunder.
(D) Moneys received by the committee of a
			 joint interstate district shall be credited, administered, and expended in the
			 same manner as an emergency planning district as established in paragraph (C)
			 of this rule, unless an agreement establishing the joint interstate district
			 provides otherwise.
Five Year Review (FYR) Dates:
				08/01/2017 and
				08/01/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(1)(j)
Rule Amplifies:
				3750.03(F)
Prior Effective Dates: 2/22/90(Emer.), 6/30/90, 4/6/99, 6/5/06,
				10/29/11
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-50 - Fees, Funding and Grants › Section 3750-50-07 - First-time filer grant awards

Current through all regulations passed and filed through July 1, 2024
(A) Division (E) of section
			 3750.14 of the Revised Code
			 provides that in the year in which the owner or operator of a facility who is
			 required to file an emergency and hazardous chemical inventory form(s) for the
			 facility, first; files a form in compliance with section
			 3750.08 of the Revised Code and
			 the accompanying fee as required by section
			 3750.13 of the Revised Code for
			 the facility, the commission shall make a grant to the committee of the
			 emergency planning district in which the facility is located for the total
			 amount of fees and late fees collected in that year in connection with the
			 filing of the form(s) for said facility. When an incomplete file which is also
			 a first time file becomes complete, the credit shall be given to the committee
			 in the fiscal year that the file is determined to be complete.
(B) The amount of the grant provided shall be
			 in addition to any grant provided to the committee under division (C) of
			 section 3750.14 of the Revised Code and
			 shall accompany the grant.
(C) The
			 total first time filer fee credits provided to the local committees who have
			 made applications for first time filer grants to the commission shall be
			 subtracted from the emergency planning fund balance on the date of record
			 before any other allocations are calculated, pursuant to section
			 3750.14(E)  of
			 the Revised Code.
(D) Each
			 committee that has filed a first time filer application pursuant to rule
			 3750-50-08
			 of the Administrative Code is entitled to receive a first time filer fee credit
			 for a facility listed in the application when a complete first time file as
			 defined by
			 3750-1-01(UU)
			 is received by the commission.
(E)
			 The annual reporting cycle for consideration by the commission for approval or
			 disapproval of a file as a first time file shall commence on July first of each
			 year and shall terminate on June thirtieth of the following year.
(F) Moneys received by a committee shall be
			 used for the same purposes and shall be subject to the same provision as the
			 grants received under division (C) of section
			 3750.14 of the Revised Code and
			 rule
			 3750-50-03
			 of the Administrative Code.
Five Year Review (FYR) Dates:
				03/30/2016 and
				03/30/2021
Promulgated
				Under: 119.03
Statutory
				Authority: 3750.02(B)(7)
Rule Amplifies:
				3750.14(E)
Prior Effective Dates: 13/31/94,
				4/6/99
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-50 - Fees, Funding and Grants › Section 3750-50-08 - Committee responsibilities for first time filer grant application

Current through all regulations passed and filed through July 1, 2024
(A) On or before
			 May thirtieth of each year, each committee who wishes to submit an application
			 for a first time filer grant shall submit in a manner acceptable to the
			 commission, a list of first time filers.
(B) The application for a first time filer
			 grant shall contain at a minimum the following information:
(1) The parent company name and address;
(2) The facility name and address;
(3) Additional information which
			 would assist the commission in determining that this facility is a first time
			 filer.
Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-50 - Fees, Funding and Grants › Section 3750-50-09 - Commission responsibilities for first time filer grant awards

Current through all regulations passed and filed through July 1, 2024
(A) The commission
			 shall provide to the committees by May fifteenth of each year an updated list
			 of first time filers entered into the inventory tracking system used by the
			 commission.
(B) First time filers
			 listed by committees in their first time filer grant applications submitted to
			 the commission as prescribed in rule 3750-50-08shallbereviewed and cross
			 checked by the Ohio EPA staff designated to support the commission to determine
			 if a facility file submitted to the commission is a first time file;.
(1) The commission's cross check shall
			 consist of review of:
(a) Annual chemical
			 inventory forms for the current inventory year and/or years commencing with
			 1987; and
(b) Cash accounting
			 reports commencing with inventory reporting year 1988; and
(c) Data entered into the chemical inventory
			 tracking system: and;
(d)
			 Documents verifying committee efforts to gain facility compliance.