Ohio Administrative Code › Title 3750 - Emergency Response Commission › Chapter 3750-1 - Emergency Response Commission › Section 3750-1-01 - Definitions and incorporation by reference

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
				this rule titled "Referenced materials."]
Terms defined in section 11049 of the Emergency Planning and
				Community Right to Know Act of 1986 and in 40 CFR Parts 350, 355 and 370 which
				are not explicitly defined herein are used within the meaning given in that
				statute and parts as used in the rules adopted by the state emergency response
				commission:
(A) "Administrator" means
			 the administrator of the United States environmental protection agency or the
			 administrator's designee.
(B)
			 "Agriculture producer" means a facility engaged in the growing of crops or
			 livestock production for retail consumption. The term "agriculture" is abroad
			 term encompassing a wide range of growing operations, not just farms, and
			 includes nurseries or other horticultural operations.
(C) "Chemical" means any element, chemical
			 compound or mixture of elements and/or compounds.
(D) "Chemical name" means scientific
			 designation of a chemical in accordance with the nomenclature system developed
			 by the "International Union of Pure and Applied Chemistry (IUPAC)" or "Chemical
			 Abstract Service (CAS)" rules of nomenclature, or a name which will clearly
			 identify the chemical.
(E)
			 "Commission" means the Ohio state emergency response commission.
(F) "Committee" means the local emergency
			 planning committee for the emergency planning district in which the facility is
			 located nominated by the county commissioners and adopted by the
			 commission.
(G) "Common name" means
			 any designation or identification such as code names, code numbers, trade name,
			 brand name, or generic name used to identify a chemical other than by its
			 chemical name.
(H) "Construction
			 facility" means a facility which the equipment is owned and operated by a
			 company involved in the process of building a permanent structure or roadway in
			 which the equipment and company will be removed from the site upon completion
			 of the building process.
(I)
			 "Contiguous" means the same or geographically adjacent property that may be
			 divided by public or private right-of-way if the entrance and exit between the
			 properties is at a crossroads intersection, and access is by crossings as
			 opposed to going along the right-of-way. Noncontiguous properties owned by the
			 same person but connected by a right-of-way that the person controls and to
			 which the public does not have access is considered contiguous
			 property.
(J) "Director" means the
			 director of the Ohio EPA, or the director's designee.
(K) "Emergency contact" means one person or
			 office that can act as a referral if emergency responders need assistance in
			 responding to a chemical release at the facility.
(L) "Emergency Planning and Community
			 Right-To-Know Act" (EPCRA) means Emergency
			 Planning and Community Right-To-Know Act of 1986 contained in
			 42
			 USC 11001 to
			 11050
			 and regulations adopted thereunder.
(M) "Emergency planning district" means an
			 emergency planning district or joint emergency planning district designated
			 under section
			 3750.03
			 of the Revised Code or a joint interstate emergency planning district
			 established by agreement under that section.
(N) "Environment" means navigable waters and
			 any other surface water, ground water, drinking water supply, land surface or
			 subsurface strata or ambient air.
(O) "Establishment" means an economic unit,
			 generally at a single physical location, where business is conducted or where
			 services or industrial operations are performed.
(P) "Extremely hazardous substance" means a
			 substance listed by USEPA in paragraph (A) of rule
			 3750-20-30
			 of the Administrative Code and a substance listed by the commission in
			 paragraph (B) of rule
			 3750-20-30
			 of the Administrative Code.
(Q)
			 "Facility" means all buildings, equipment, structures, and other stationary
			 items which are located on a single site or contiguous or adjacent sites and
			 which are owned or operated by the same person (or by person which controls, is
			 controlled by, or under common control with). For purposes of chemical release
			 notification under section
			 3750.06
			 of the Revised Code, the term does include motor vehicles, rolling stock, and
			 aircraft. "Facility" includes man-made structures as well as all natural
			 structures in which chemicals are purposefully placed or removed through human
			 means such that it functions as a containment structure for human use. A
			 facility may contain more than one establishment.
(R) "Facility emergency coordinator" means a
			 designated facility representative who will participate in local emergency
			 planning.
(S) "Fire department"
			 means a fire department of a municipal corporation or township, a township fire
			 district, a joint township fire district, a private fire company or volunteer
			 fire company that has entered into an agreement for the use and operation of
			 firefighting equipment with a municipal corporation, township, township fire
			 district, or joint township fire district or, in a municipal corporation or
			 township where no such fire department or district exists and no such agreement
			 is in effect, the fire prevention officer of the municipal corporation or
			 township having response jurisdiction for a regulated facility.
(T) "First response equipment" means
			 equipment, other than emergency response and firefighting vehicles, designed
			 primarily for the purpose of facilitating the safe and efficient response to
			 unanticipated and unauthorized releases of hazardous substances and extremely
			 hazardous substances.
(U)
			 "Hazardous chemical" has the meanings given to that term in
			 29 CFR
			 1910.1200(c). The term also
			 includes chemicals identified or listed pursuant to rule
			 3750-20-60
			 of the Administrative Code, but does not include any of the following:
(1) Any food, food additive, color additive,
			 drug, or cosmetic regulated by the food and drug administration of the United
			 States department of health and human services.
(2) Any substance present as a solid in any
			 manufactured item, to the extent that exposure to the substance does not occur
			 under normal conditions of use.
(3) Any
			 substance to the extent it is used for personal, family, or household purposes,
			 or is present in the same form and concentration as a product packaged for
			 distribution and use by the general public, including, without limitation,
			 household and consumer products that are stored prior to or displayed for
			 distribution to the consumer when in the same form and concentration and
			 products that are not intended for distribution to the general public and are
			 in the same form and concentration as products packaged for distribution to and
			 use by the general public, unless the chemical is subject to a reporting
			 requirement for which a variance has been issued under division (B) or (C) of
			 section
			 3750.11 of the
			 Revised Code.
(4) Any
			 substance to the extent it is used in a research laboratory or a hospital or
			 other medical facility under the direct supervision of a technically qualified
			 individual.
(5) Any
			 substance to the extent it is used in routine agricultural operations or is a
			 fertilizer held for sale by a retailer to the ultimate customer.
(6) Any substance that is subject to an
			 exclusion under
			 29 CFR
			 1910.1200(b)(6).