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Rule 3745-104-01 | Definitions.
Effective:
August 5, 2021
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
the "Referenced Materials" paragraph at the end of this rule.] (A) Except as otherwise provided in this
rule, the definitions in rule 3745-15-01 of the Administrative Code apply to
this chapter. (B) As used in Chapter 3745-104 of the
Administrative Code: (1) "Accidental
release" means an unanticipated emission of a regulated substance into the
ambient air from a stationary source. (2) "Administrative
controls" means written procedural mechanisms used for hazard
control. (3) "AIChE/CCPS" means the American institute of
chemical engineers/center for chemical process safety. (4) "API" means
the American petroleum institute. (5) "Article"
means a manufactured item, as defined under 29 CFR 1910.1200(b), that is formed
to a specific shape or design during manufacture, that has end use functions
dependent in whole or in part upon the shape or design during end use, and that
does not release or otherwise result in exposure to a regulated substance under
normal conditions of processing and use. (6) "ASME"
means the American society of mechanical engineers. (7) "CAS" means
the chemical abstracts service. (8) "Catastrophic
release" means a major uncontrolled emission, fire, or explosion,
involving one or more regulated substances that presents imminent and
substantial endangerment to public health and the environment. (9) "Clean Air Act
Amendments" means the Clean Air Act Amendments of 1990 contained in 42 USC
7401 to 7671q, and regulations adopted under it. (10) "Condensate" means hydrocarbon liquid separated
from natural gas that condenses due to changes in temperature, pressure, or
both, and remains liquid at standard conditions. (11) "Covered
process" means a process that has a regulated substance present in an
amount that is in excess of the threshold quantity established in rule
3745-104-02 of the Administrative Code. (12) "Crude
oil" means any naturally occurring, unrefined petroleum
liquid. (13) "DOT"
means the United States department of transportation. (14) "Environmental
receptor" means natural areas such as national or state parks, forests, or
monuments; federally designated or state-designated wildlife sanctuaries,
preserves, refuges, or areas; and federal wilderness areas, that could be
exposed at any time to toxic concentrations, radiant heat, or overpressure
greater than or equal to the endpoints prescribed in rule 3745-104-10 of the
Administrative Code, as a result of an accidental release and that can be
identified on United States geological survey maps. (15) "Field
gas" means gas extracted from a production well before the gas enters a
natural gas processing plant. (16) "Hot work"
means work involving electric or gas welding, cutting, brazing, or similar
flame or spark-producing operations. (17) "Injury"
means any effect on a human that requires medical treatment or hospitalization
and that results from either of the following: (a) The direct exposure to toxic concentrations, radiant heat, or
overpressures resulting from an accidental release. (b) The direct consequences of a vapor cloud explosion (such as
flying glass, debris, and other projectiles) from an accidental
release. (18) "LEPC" means local
emergency planning committee as established under 42 USC 11001(c). (19) "Major change" means
introduction of a new process, process equipment, or regulated substance, an
alteration of process chemistry that results in any change to safe operating
limits, or other alteration that introduces a new hazard. (20) "Mechanical integrity"
means the process of ensuring that process equipment is fabricated from the
proper materials of construction and is properly installed, maintained, and
replaced to prevent failures and accidental releases. (21) "Medical treatment" means
treatment, other than first aid, administered by a physician or registered
professional personnel under standing orders from a physician. (22) "Mitigation" or
"mitigation system" means specific activities, technologies, or
equipment designed or deployed to capture or control substances upon loss of
containment to minimize exposure of the public or the environment. Passive
mitigation means equipment, devices, or technologies that function without
human, mechanical, or other energy input. Active mitigation means equipment,
devices, or technologies that need human, mechanical, or other energy input to
function. (23) "NAICS" means North
American industry classification system. (24) "Natural gas processing plant
(gas plant)" means any processing site engaged in the extraction of
natural gas liquids from field gas, fractionation of mixed natural gas liquids
to natural gas products, or both, classified as North American industrial
classification system (NAICS) code 211112 (previously standard industrial
classification (SIC) code 1321). (25) "NFPA" means the national
fire protection association. (26) "Offsite" means areas
beyond the property boundary of the stationary source, and areas within the
property boundary to which the public has routine and unrestricted access
during or outside business hours. (27) "OSHA" means the United
States occupational safety and health administration. (28) "Owner or operator" means
any person who owns, leases, operates, controls, or supervises a stationary
source. (29) "Petroleum refining process
unit" means a process unit used in an establishment primarily engaged in
petroleum refining as defined in NAICS code 32411 for petroleum refining
(formerly SIC code 2911) and used for the following: producing transportation
fuels (such as gasoline, diesel fuels, and jet fuels), heating fuels (such as
kerosene, fuel gas distillate, and fuel oils), or lubrications; separating
petroleum, or separating, cracking, reacting, or reforming intermediate
petroleum streams. Examples of such units include, but are not limited to,
petroleum based solvent units, alkylation units, catalytic hydrotreating,
catalytic hydrorefining, catalytic hydrocracking, catalytic reforming,
catalytic cracking, crude distillation, lube oil process
processing. (30) "Population" means the
public. (31) "Process" means any
activity involving a regulated substance, including any use, storage,
manufacturing, handling, or on-site movement of the substance or any
combination of these activities. Any group of vessels that are interconnected,
or separate vessels that are located in such a manner that a regulated
substance potentially could be involved in a release, and are considered a
single process. (32) "Produced water" means
water extracted from the earth from an oil or natural gas production well, or
that is separated from oil or natural gas after extraction. (33) "Public" means any person
except employees or contractors at the stationary source. (34) "Public receptor" means
off-site residences, institutions such as schools or hospitals, industrial,
commercial, and office building, parks, or recreational areas inhabited or
occupied by the public at any time without restriction by the stationary source
where members of the public could be exposed to toxic concentrations, radiant
heat, or overpressure as a result of an accidental release. (35) "Regulated substance" means
a toxic or flammable substance listed in rule 3745-104-04 of the Administrative
Code. (36) "Replacement in kind" means
a replacement that satisfies the design specifications. (37) "Retail facility" means a
stationary source at which more than one-half of the income is obtained from
direct sales to end users or at which more than one-half of the fuel sold, by
volume, is sold through a cylinder exchange program. (38) "Risk management plan " or
"RMP" means a risk management plan required in rule 3745-104-38 of
the Administrative Code. (39) "Stationary source" means
any buildings, structures, equipment, installations, or substance-emitting
stationary activities that belong to the same industrial group as described in
the standard industrial classification manual, 1987, that are located on one or
more contiguous properties under the control of the same person or persons (or
persons under common control), and from which an accidental release may occur.
Properties shall not be considered contiguous solely because of a railroad or
pipeline right-of-way. (a) "Stationary source" includes transportation
containers that are used for storage not incident to transportation and
transportation containers that are connected to equipment at a stationary
source for loading and unloading. "Stationary source" does not
include the transportation, including storage incident to transportation, of
any regulated substance under this chapter. "Stationary source" does
not include naturally occurring hydrocarbon reservoirs. (b) "Transportation" includes, but is not limited to,
transportation that is subject to oversight or regulation under 49 CFR Part
192, 193, or 195, or to a state natural gas or hazardous liquid program for
which the state has in effect a certification to the United States department
of transportation under 49 USC 60105. (40) "Threshold quantity" means
the quantity established for a regulated substance in rule 3745-104-02 of the
Administrative Code that, if exceeded, subject an owner or operator to
compliance with this chapter and rules adopted under it. (41) "Vessel" means any reactor,
tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose, or other
container. (42) "Worst-case release" means
the release of the largest quantity of a regulated substance from a vessel or
process line failure that results in the greatest distance to an endpoint
defined in rule 3745-104-09 of the Administrative Code. (C) Referenced materials. This chapter
includes references to certain subject matter or materials. The text of the
referenced materials is not included in the rules contained in this chapter.
Information on the availability of the referenced materials as well as the date
of, and/or the particular edition or version of the material is included in
this rule. For materials subject to change, only the specific versions
specified in this rule are referenced. Material is referenced as it exists on
the effective date of this rule. Except for subsequent annual publication of
existing (unmodified) Code of Federal Regulation compilations, any amendment or
revision to a reference document is not applicable unless and until this rule
has been amended to specify the new dates. (1) Availability. The
referenced materials are available as follows: (a) Chemical Abstract Service (CAS). Information can be obtained
by writing to: "Chemical Abstract Service, 2540 Olentangy River Road,
Columbus, OH 43202," or by visiting their web site at
www.cas.org. (b) Clean Air Act as defined in this rule. Information and copies
may be obtained by writing to: "Superintendent of Documents, Attn: New
Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the
Act as amended in 1990 is also available in electronic format at
https://www.epa.gov/clean-air-act-overview. A copy of the Act is also available
for inspection and use at most public libraries and "The State Library of
Ohio." (c) Code of Federal Regulations. Information and copies may be
obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO
Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is also
available in electronic format at https://www.ecfr.gov/. The CFR compilations
are also available for inspection and use at most public libraries and
"The State Library of Ohio." (d) North American industry classification system. Information
and copies may be obtained by contacting the National Technical Information
Service at 1-800-553-6847. The codes are also available in electronic format at
www.census.gov/epcd/www/naics.html. (e) National Fire Protection Association. Information on the
National Fire Protection Association codes may be obtained by contacting the
association at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471,
617-770-3000. Codes may be ordered on line at https://nfpa.org/. Copies of the
code are available at most public libraries and "The State Library of
Ohio." (f) Risk Management Plan Offsite Consequence Analysis Guidance.
The guidance may be obtained by contacting the USEPA hotline at 1-800-424-9346.
The full documentation may be obtained in electronic format at
https://www.epa.gov/emergency-response#rmp. The guidance may also be obtained
and copied at most public libraries and "The State Library of
Ohio." (g) United States Code. Information and copies may be obtained by
writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954,
Pittsburgh, PA 15250-7954." The full text of the United States Code is
also available in electronic format at
https://www.govinfo.gov/app/collection/USCODE. USC compilations are also
available for inspection and use at most public libraries and "The State
Library of Ohio." (2) Referenced
materials. (a) 15 USC 632; "Commerce and Trade, Aid to Small Business,
Small Business Concern"; as published in the 2018 edition of the United
States Code. (b) 29 CFR 1910.119; "Process Safety Management of Highly
Hazardous Chemicals"; as published in the July 1, 2020 Code of Federal
Regulations. (c) 29 CFR 1910.252; "Subpart Q - Welding, Cutting,
and Brazing"; as published in the July 1, 2020 Code of Federal
Regulations.. (d) 29 CFR 1920.1200; "Toxic and Hazardous
Substances"; as published in the July 1, 2020 Code of Federal
Regulations.. (e) 40 CFR 71.7; "Federal Operating Permit Programs,
Permit issuance, renewal, reopenings, and revisions"; as published in the
July 1, 2020 Code of Federal Regulations. (f) 40 CFR Part 51, Appendix W, section 8.2.8;
"Guideline on Air Quality Models"; as published in the July 1, 2020
Code of Federal Regulations. (g) 40 CFR Part 68; "Accidental Release Prevention
Requirements Under Clean Air Act Section 112(r)(7)"; as published in the
July 1, 2020 Code of Federal Regulations. (h) 40 CFR Part 71; "Federal Operating Permit
Programs"; as published in the July 1, 2020 Code of Federal
Regulations. (i) 40 CFR Part 355; "Emergency Planning and
Notification"; as published in the in the July 1, 2020 Code of Federal
Regulations. (j) 42 USC 7401 to 7671q; "The Public Health and
Welfare-Air Pollution Prevention and Control"; as published in the 2018
edition of the United States Code. (k) 42 USC 11001; "Establishment of State commissions,
planning districts, and local committees"; as published in the 2018
edition of the United States Code. (l) 42 USC 11003; "Title 42-The Public Health and
Welfare Chapter 116-Emergency Planning and Community Right-to-Know Subchapter I
- Emergency Planning and Notification;" as published in the 2018 edition
of the United States Code. (m) 49 CFR Part 192; "Transportation of Hazardous
Liquids by Pipeline"; as published in the July 1, 2020 Code of Federal
Regulations. (n) 49 CFR Part 193; "Transportation of Hazardous
Liquids by Pipeline"; as published in the July 1, 2020 Code of Federal
Regulations. (o) 49 CFR Part 195; "Transportation of Hazardous
Liquids by Pipeline"; as published in the July 1, 2020 Code of Federal
Regulations. (p) 49 USC section 60105; "Transportation: Subtitle
VIII - Pipelines"; as published in the 2020 edition of the United States
Code. (q) NFPA 704; "Standard System for the Identification
of the Hazards of Materials for Emergency Response"; 2007
edition. (r) "Risk Management Plan Offsite Consequence
Analysis"; April 1999. (s) Section 112(r) of the Clean Air Act; contained in 42
USC Section 7412(r); "Hazardous Air Pollutants, Prevention of Accidental
Releases"; as published in the 2018 edition of the United States
Code.
Last updated August 5, 2021 at 8:28 AM
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Rule 3745-104-02 | Threshold determination.
Effective:
August 5, 2021
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions references in this rule, see
paragraph (C) of rule 3745-104-01 of the Administrative Code titled
"Referenced materials."] (A) A threshold quantity of a regulated
substance listed in rule 3745-104-04 of the Administrative Code is present at a
stationary source if the total quantity of the regulated substance contained in
a process exceeds the threshold. (B) For the purposes of determining
whether more than a threshold quantity of a regulated substance is present at
the stationary source, the following exemptions apply: (1) Concentrations of a
regulated toxic substance in a mixture. If a regulated substance is present in
a mixture and the concentration of the regulated substance is below one per
cent by weight of the mixture, the amount of the substance in the mixture need
not be considered when determining whether more than a threshold quantity is
present at the stationary source. Except for oleum, toluene, 2,4-diisocyanate,
toluene 2,6-diisocyanate, and toluene diisocyanate (unspecified isomer), if the
concentration of the regulated substance in the mixture is one per cent or
greater by weight, but the owner or operator can demonstrate that the partial
pressure of the regulated substance in the mixture (solution) under handling or
storage conditions in any portion of the process is less than ten millimeters
of mercury, the amount of the regulated substance in the mixture in that
portion of the process need not be considered when determining whether more
than a threshold quantity is present at the stationary source. The owner or
operator shall document this partial pressure measurement or
estimate. (2) Concentrations of a
regulated flammable substance in a mixture. (a) If a regulated substance is present in a mixture and the
concentration of the regulated substance is below one per cent by weight of the
mixture, the mixture need not be considered when determining whether more than
a threshold quantity of the regulated substance is present at the stationary
source. Except as provided in paragraphs (B)(2)(b) and (B)(2)(c) of this rule,
if the concentration of the regulated substance is one per cent or greater by
weight of the mixture, then, for purposes of determining whether a threshold
quantity is present at the stationary source, the entire weight of the mixture
shall be treated as the regulated substance unless the owner or operator can
demonstrate that the mixture itself does not have a national fire protection
association flammability hazard rating of four. The demonstration shall be in
accordance with the definition of flammability hazard rating four in the NFPA
704 The owner or operator shall document the national fire protection
association flammability hazard rating. (b) Gasoline. Regulated substances in gasoline, when in
distribution or related storage for use as fuel for internal combustion
engines, need not be considered when determining whether more than a threshold
quantity is present at a stationary source. (c) Naturally occurring hydrocarbon mixtures. Prior to entry into
a natural gas processing plant or a petroleum refining process unit, regulated
substances in naturally occurring hydrocarbon mixtures need not be considered
when determining whether more than a threshold quantity is present at a
stationary source. Naturally occurring hydrocarbon mixtures include any
combination of the following: condensate, crude oil, field gas, and produced
water, each as defined in rule 3745-104-01 of the Administrative
Code. (3) Articles. Regulated
substances contained in articles need not be considered when determining
whether more than a threshold quantity is present at the stationary
source. (4) Uses. Regulated
substances, when in use for the following purposes, need not be included in
determining whether more than a threshold quantity is present at the stationary
source: (a) Use as a structural component of the stationary
source. (b) Use of products for routine janitorial
maintenance. (c) Use of employees of foods, drugs, cosmetics, or other
personal items containing the regulated substance. (d) Use of regulated substances present in process water or
non-contact cooling water as drawn from the environment or municipal sources,
or use of regulated substances present in air used either as compressed air or
as part of combustion. (5) Activities in
laboratories. If a regulated substance is manufactured, processed, or used in a
laboratory at a stationary source under the supervision of a technically
qualified individual, the quantity of the substance need not be considered in
determining whether a threshold quantity is present. This exemption does not
apply to the following: (a) Speciality chemical production. (b) Manufacture, processing, or use of regulated substances in
pilot plant scale operations. (c) Activities conducted outside the laboratory.
Last updated August 5, 2021 at 8:28 AM
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Rule 3745-104-03 | Exemptions.
Effective:
January 8, 2010
(A) Agricultural nutrients. Ammonia used as an agricultural nutrient, when held by farmers, is exempt from all provisions of this chapter. (B) Flammable substances used as fuel or held for sale as fuel at retail facilities. A flammable substance listed in tables 3 and 4 of the appendix to rule 3745-104-04 of the Administrative Code are exempt from all provisions of this chapter when the substance is used as a fuel or held for sale as a fuel at a retail facility.
Last updated September 21, 2021 at 1:41 PM
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Rule 3745-104-04 | List of substances.
Effective:
January 8, 2010
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."] (A) Regulated toxic and flammable substances under section 112(r) of the Clean Air Act are the substances listed in the appendix to this rule. Threshold quantities for listed toxic and flammable substances are specified in the tables. (B) The basis for placing toxic and flammable substances on the list of regulated substances are explained in the notes to the list.
View Appendix
Last updated September 21, 2021 at 1:41 PM
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Rule 3745-104-05 | Applicability.
Effective:
August 5, 2021
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions reference in this rule, see
paragraph (C) of rule 3745-104-01 of the Administrative Code titled
"Referenced materials."] (A) An owner or operator of a stationary
source that has more than a threshold quantity of a regulated substance in a
process, as determined by rule 3745-104-02 of the Administrative Code, shall
comply with the requirements of this rule no later than the latest of the
following dates: (1) June 21,
1999. (2) Three years after the
date on which a regulated substance is first listed under rule 3745-104-04 of
the Administrative Code. (3) The date on which a
regulated substance is first present at the facility above a threshold quantity
in a process. (B) The owner or operator of a stationary
source shall comply with the following: (1) By March 14, 2018, the emergency
response coordination activites in paragraph (C) of rule 3745-104-36 of the
Administrative Code. (2) Within three years of when the owner
or operator determines that the stationary source is subject to the emergency
response program requirements of rule 3745-104-37 of the Administrative Code,
pursuant to paragraph (A) of rule 3745-104-36 of the Administrative Code,
develop and implement an emergency response program in accordance with rule
3745-104-37 of the Administrative Code. (3) By December 19, 2023, the emergency
response provisions in paragraph (D) of rule 3745-104-37 of the Administrative
Code. (4) Within ninety days of any RMP
reportable accident at the stationary source with known offsite impacts
specified in paragraph (A) of rule 3745-104-16 of the Administrative Code, that
occurs afer March 15, 2021, the public meeting requirement of rule 3745-104-51
of the Administrating Code. (5) By December 19, 2024, rules
3745-104-38 and 3745-104-41 to 3745-104-49 of the Administrative Code and
report the following: (a) A public meeting after an RMP reportable accident in
paragraph (B)(21) of rule 3745-104-42 of the Administrative Code. (b) Emergency response program information in paragraph
(A)(1) of rule 3745-104-47 of the Administrative Code. (c) Emergency response program information in paragraphs
(A)(2) and (A)(3) of rule 3745-104-47 of the Administrative Code. (d) Emergency response program and exercises information in
paragraph (D) of rule 3745-104-37 of the Administrative Code; including dates
of the most recent notification, field and tabletop exercises in the risk
management plan, for exercises completed as required in paragraph (D) of rule
3745-104-37 of the Administrative Code at the time the risk management plan is
either submitted in rule 3745-104-38 of the Administrative Code, or is updated
in rule 3745-104-49 of the Administrative Code. (C) Program one eligibility requirements. A covered process
is eligible for program one requirements as provided in paragraph (B) of rule
3745-104-06 of the Administrative Code if it meets all of the following
requirements: (1) For the five years
prior to the submission of an RMP, the process has not had an accidental
release of a regulated substance where exposure to the substance, its reaction
products, overpressure generated by an explosion involving the substance, or
radiant heat generated by a fire involving the substance led to the following
offsite: (a) Death. (b) Injury. (c) Response or restoration activities for an exposure of an
environmental receptor. (2) The distance to a
toxic or flammable endpoint for a worst-case release assessment conducted under
rules 3745-104-08, 3745-104-09, and 3745-104-10 of the Administrative Code is
less than the distance to any public receptor, as defined in paragraph (B)(33)
of rule 3745-104-01 of the Administrative Code; and (3) Emergency response
procedures have been coordinated between the stationary source and local
emergency planning and response organizations. (D) Program two eligibility requirements. A covered process
is subject to program two requirements if the process does not meet the
eligibility requirements of either paragraph (B) or (D) of this rule. A program
two process shall comply with rules 3745-104-17 to 3745-104-23 of the
Administrative Code to meet the prevention program requirements. (E) Program three eligibility requirements. A covered
process is subject to program three if the process does not meet the
requirements of paragraph (B) of this rule, and if either of the following
conditions is met: (1) The process is in
NAICS code 32211, 32411, 32511, 325181, 325188, 325192, 325199, 325211, 325311,
or 32532; or (2) The process is
subject to the OSHA Process Safety Management Standard, 29 CFR 1910.119 as
adopted by reference in rule 4167-3-01 of the Administrative Code. Processes classified as program three as defined
by paragraphs (D)(1) and (D)(2) of this rule shall comply with rules
3745-104-24 to 3745-104-35 of the Administrative Code to meet the prevention
program requirements. (F) If at any time a covered process no longer meets the
eligibility criteria of its program level, the owner or operator shall comply
with the requirements of the new program level that applies to the process and
update the RMP as provided in rule 3745-104-49 of the Administrative
Code.
Last updated August 5, 2021 at 8:29 AM
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Rule 3745-104-06 | General requirements.
Effective:
August 5, 2021
(A) General requirements. The owner or
operator of a stationary source subject to this rule shall submit a single RMP,
as provided in rules 3745-104-38 to 3745-104-48 of the Administrative Code and
include a registration, as defined in rule 3745-104-42 of the Administrative
Code, that reflects all covered processes. (B) Program one requirements. In addition
to meeting the requirements of paragraph (A) of this rule, the owner or
operator of a stationary source with a process eligible for program one, as
provided in paragraph (B) of rule 3745-104-05 of the Administrative Code, shall
do the following: (1) Analyze the
worst-case release scenario for the process, as provided in rule 3745-104-10 of
the Administrative Code; document that the nearest public receptor is beyond
the distance to a toxic or flammable endpoint defined in paragraph (A) of rule
3745-104-09 of the Administrative Code; and submit in the RMP the worst-case
release scenario as provided in rule 3745-104-43 of the Administrative
Code. (2) Complete the
five-year accident history for the process, as provided in rule 3745-104-16 of
the Administrative Code and submit it in the RMP as provided in rule
3745-104-44 of the Administrative Code. (3) Ensure that response
actions have been coordinated with local emergency planning and response
agencies. (4) Certify in the RMP
the following: "Based on the criteria in rule 3745-104-05 of the
Administrative Code, the distance to the specified endpoint for the worst-case
accidental release scenario for the following process is less than the distance
to the nearest public receptor: [list process]. Within the past five years, the
process has had no accidental release that caused offsite impacts provided in
the risk management program rule (paragraph (B)(1) of rule 3745-104-05 of the
Administrative Code). No additional measures are necessary to prevent offsite
impacts from accidental releases. In the event of fire, explosion, or a release
of a regulated substance from the process, entry within the distance to the
specified endpoints may pose a danger to public emergency responders.
Therefore, public emergency responders should not enter this area except as
arranged with the emergency contact indicated in the RMP. The undersigned
certifies that, to the best of my knowledge, information, and belief, formed
after reasonable inquiry, the information submitted is true, accurate, and
complete. [Signature, title, date signed]." (C) Program two requirements. In addition
to meeting the requirements of paragraph (A) of this rule, the owner or
operator of a stationary source with a process subject to program two, as
provided in paragraph (C) of rule 3745-104-05 of the Administrative Code, shall
do the following: (1) Develop and implement
a management system as provided in rule 3745-104-07 of the Administrative
Code. (2) Conduct a hazard
assessment as provided in rules 3745-104-08 to 3745-104-16 of the
Administrative Code. (3) Implement the program
two prevention steps provided in rules 3745-104-17 to 3745-104-23 of the
Administrative Code or implement the program three prevention steps provided in
rules 3745-104-24 to 3745-104-35 of the Administrative Code. (4) Coordinate response
actions with local emergency planning and response agencies as provided in
paragraph (C) of rule 3745-104-36 of the Administrative Code. (5) Develop and implement an emergency
response program, and conduct exercises, as provided in rules 3745-104-36 and
3745-104-37 of the Administrative Code. (6) Submit as part of the RMP the data on
prevention program elements for program two processes as provided in rule
3745-104-45 of the Administrative Code. (D) Program three requirements. In
addition to meeting the requirements of paragraph (A) of this rule, the owner
or operator of a stationary source with a process subject to program three, as
provided in paragraph (D) of rule 3745-104-05 of the Administrative Code shall
do the following: (1) Develop and implement
a management system as provided in rule 3745-104-07 of the Administrative
Code. (2) Conduct a hazard
assessment as provided in rules 3745-104-08 to 3745-104-16 of the
Administrative Code. (3) Implement the
prevention requirements of rules 3745-104-24 to 3745-104-35 of the
Administrative Code. (4) Coordinate response
actions with local emergency planning and response agencies, as provided in
paragraph (C) of rule 3745-104-36 of the Administrative Code. (5) Develop and implement an emergency
response program, and conduct exercises, as provided in rules 3745-104-36 and
3745-104-37 of the Administrative Code. (6) Submit as part of the RMP the data on
prevention program elements for program three processes as provided in rule
3745-104-46 of the Administrative Code.
Last updated August 5, 2021 at 8:29 AM
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Rule 3745-104-07 | Management.
Effective:
August 13, 1999
Promulgated Under:
Ch 119.
(A) The owner or operator of a stationary source with processes subject to program two or program three shall develop a management system to oversee the implementation of the risk management program elements. (B) The owner or operator shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the risk management program elements. (C) When responsibility for implementing individual requirements of this part is assigned to persons other than the person identified under paragraph (B) of this rule, the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document.
Last updated September 21, 2021 at 1:41 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
|
Rule 3745-104-08 | Hazard assessment: applicability.
Effective:
August 5, 2021
The owner or operator of a stationary source
subject to this chapter shall do the following: (A) Prepare a worst-case scenario as
provided in rule 3745-104-10 of the Administrative Code. (B) Complete the five-year accident
history as proviced in rule 3745-104-16 of the Administrative
Code. (C) For an owner or operator of a program
two and three process, comply with all requirements of this chapter that are
applicable to the process program level.
Last updated August 5, 2021 at 8:29 AM
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Rule 3745-104-09 | Hazard assessment: offsite consequence analysis parameters.
Effective:
January 8, 2010
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions reference in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."] (A) Endpoints. For analyses of offsite consequences, the following endpoints shall be used: (1) Toxics. The toxic endpoints provided in the appendix to this rule. (2) Flammables. The endpoints for flammables vary according to the scenarios studied: (a) Explosion. An overpressure of pounds per square inch. (b) Radiant heat/exposure time. A radiant heat of five kilowatts per square meter for forty seconds. (c) Lower flammability limit. A lower flammability limit as provided in NFPA documents or other generally recognized sources. (B) Wind speed/atmospheric stability class. For the worst-case release analysis, the owner or operator shall use a wind speed of 1.5 meters per second and F atmospheric stability class. If the owner or operator can demonstrate that local meteorological data applicable to the stationary source show a higher minimum wind speed or less stable atmosphere at all times during the previous three years, these minimums may be used. For analysis of alternative scenarios, the owner or operator may use the typical meteorological conditions for the stationary source. (C) Ambient temperature/humidity. For worst-case release analysis of a regulated toxic substance, the owner or operator shall use the highest daily maximum temperature in the previous three years and average humidity for the site, based on temperature/humidity data gathered at the stationary source or at a local meteorological station; an owner or operator using the "RMP Offsite Consequence Analysis Guidance" may use twenty-five degrees Celsius and fifty per cent humidity as values for these variables. For analysis of alternative scenarios, the owner or operator may use typical temperature/humidity data gathered at the stationary source or at a local meteorological station. (D) Height of release. The worst-case release of a regulated toxic substance shall be analyzed assuming a ground level (zero feet) release. For an alternative scenario analysis of a regulated toxic substance, release height may be determined by the release scenario. (E) The owner or operator shall use either urban or rural topography as applicable as defined in 40 CFR Part 51, Appendix W: "Guideline on Air Quality Modeling, section 8.2.8 Urban/Rural Classification." (F) Dense or neutrally buoyant gases. The owner or operator shall ensure that tables or models used for dispersion analysis of regulated toxic substances account for gas density. (G) Temperature of released substance. For worst case, liquids other than gases liquified by refrigeration only shall be considered to be released at the highest daily maximum temperature, based on data for the previous three years appropriate for the stationary source, or at process temperature, whichever is higher. For alternative scenarios, substances may be considered to be released at a process or ambient temperature that is appropriate for the scenario.
Last updated September 21, 2021 at 1:42 PM
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Rule 3745-104-10 | Hazard assessment: worst-case release scenario analysis.
Effective:
August 5, 2021
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
paragraph (C) of rule 3745-104-01 of the Administrative Code titled
"Referenced materials."] (A) The owner or operator shall analyze
and report in the RMP: (1) For program one
processes, one worst-case release scenario for each program one
process. (2) For program two and
three processes: (a) One worst-case release scenario that is estimated to create
the greatest distance in any direction to an endpoint provided in the appendix
to rule 3745-104-09 of the Administrative Code resulting from an accidental
release of regulated toxic substances from covered processes under worst-case
conditions defined in rule 3745-104-09 of the Administrative Code. (b) One worst-case release scenario that is estimated to create
the greatest distance in any direction to an endpoint defined in paragraph (A)
of rule 3745-104-09 of the Administrative Code resulting from an accidental
release of regulated flammable substances from covered processes under
worst-case conditions defined in rule 3745-104-09 of the Administrative
Code. (c) Additional worst-case release scenarios shall be reported if
a worst-case release from another covered process(es) at the stationary source
potentially affects public receptors different from those potentially affected
by the worst-case release scenario developed under paragraph (A)(2)(a) or
(A)(2)(b) of this rule. (B) Determination of worst-case release
quantity. The worst-case release quantity shall be the greater of the
following: (1) For substances in a
vessel, the greatest amount held at any time in a single vessel, taking into
account administrative controls that limit the maximum quantity. (2) For substances in
pipes, the greatest amount at any time in a pipe, taking into account
administrative controls that limit the maximum quantity. (C) Worst-case release scenario: toxic
gases. (1) For regulated toxic
substances that are normally gases at ambient temperature and handled as either
a gas or handled as a liquid under pressure, the owner or operator shall assume
that the quantity in the vessel or pipe, as determined under paragraph (B) of
this rule, is released as a gas over ten minutes. The release rate shall be
assumed to be the total quantity divided by ten unless passive mitigation
systems are in place at the covered process. (2) For gases handled as
refrigerated liquids at ambient pressure: (a) If the released substance is not contained by passive
mitigation systems or if the release is contained and the contained pool would
have a depth of one centimeter or less, the owner or operator shall assume that
the substance is released as a gas in ten minutes. (b) If the released substance is contained by passive mitigation
systems in a pool with a depth greater than one centimeter, the owner or
operator may assume that the quantity in the vessel or pipe, as determined
under paragraph (B) of this rule, is spilled instantaneously to form a liquid
pool. The release rate shall be calculated at the boiling point of the
substance and at the conditions specified in paragraph (D) of this
rule. (D) Worst-case release scenario: toxic
liquids. (1) For regulated toxic
substances that are normally liquids at ambient temperature, the owner or
operator shall assume that the quantity in the vessel or pipe, as determined
under paragraph (B) of this rule, is spilled instantaneously to form a liquid
pool. (a) The surface area of the pool shall be determined by assuming
that the liquid spreads to one centimeter deep unless passive mitigation
systems are in place at the covered process that serve to contain the spill and
limit the surface area. Where passive mitigation is in place, the surface area
of the contained liquid shall be used to calculate the volatilization
rate. (b) If the release would occur onto a surface that is not paved
or smooth, the owner or operator may take into account the actual surface
characteristics. (2) The volatilization
rate shall account for the highest daily maximum temperature occurring in the
past three years, the temperature of the substance in the vessel, and the
concentration of the substance if the liquid spilled is a mixture or
solution. (3) The rate of release
to air shall be determined from the volatilization rate of the liquid pool. The
owner or operator may use the methodology in the "RMP Offsite Consequence
Analysis Guidance" or any other publicly available techniques that account
for the modeling conditions and are recognized by industry as applicable as
part of current practices. Proprietary models that account for the modeling
conditions may be used provided the owner or operator allows the director or
the director's representative access to the model and describes model
features and differences from publicly available models to local emergency
planners upon request. (E) Worst-case release scenario:
flammable gases. The owner or operator shall assume that the quantity of the
substance, as determined under paragraph (B) of this rule and the provisions
below, vaporizes resulting in a vapor cloud explosion. A yield factor of ten
per cent of the available energy released in the explosion shall be used to
determine the distance to the explosion endpoint if the model used is based on
TNT equivalent methods. (1) For regulated
flammable substances that are normally gases at ambient temperature and handled
as a gas or as a liquid under pressure, the owner or operator shall assume that
the quantity in the vessel or pipe, as determined under paragraph (B) of this
rule, is released as a gas over ten minutes with the total quantity assumed to
be involved in the vapor cloud explosion. (2) For flammable gases
handled as refrigerated liquids at ambient pressure: (a) If the released substance is not contained by passive
mitigation systems or if the contained pool would have a depth of one
centimeter or less, the owner or operator shall assume that the total quantity
of the substance is released as a gas in ten minutes, and the total quantity
will be involved in the vapor cloud explosion. (b) If the released substance is contained by passive mitigation
systems in a pool with a depth greater than one centimeter, the owner or
operator may assume that the quantity in the vessel or pipe, as determined
under paragraph (B) of this rule, is spilled instantaneously to form a liquid
pool. The volatilization rate (release rate) shall be calculated at the boiling
point of the substance and at the conditions specified in paragraph (D) of this
rule and assuming that the quantity which becomes vapor in the first ten
minutes is involved in the vapor cloud explosion. (F) Worst-case release scenario:
flammable liquids. The owner or operator shall assume that the quantity of the
substance, as determined under paragraph (B) of this rule and the provisions of
this paragraph, vaporizes resulting in a vapor cloud explosion. A yield factor
of ten per cent of the available energy released in the explosion shall be used
to determine the distance to the explosion endpoint if the model used is based
on TNT equivalent methods. (1) For regulated
flammable substances that are normally liquids at ambient temperature, the
owner or operator shall assume that the entire quantity in the vessel or pipe,
as determined under paragraph (B) of this rule, is spilled instantaneously to
form a liquid pool. For liquids at temperatures below their atmospheric boiling
point, the volatilization rate shall be calculated at the conditions specified
in paragraph (D) of this rule. (2) The owner or operator
shall assume that the quantity which becomes vapor in the first ten minutes is
involved in the vapor cloud explosion. (G) Parameters to be applied for all
covered processes. The owner or operator shall use the parameters defined in
rule 3745-104-09 of the Administrative Code to determine distance to the
endpoints. The owner or operator may use the methodology provided in the
"RMP Offsite Consequence Analysis Guidance" or any commercially or
publicly available air dispersion modeling techniques, provided the techniques
account for the modeling conditions and are recognized by industry as
applicable as part of current practices. Proprietary models that account for
the modeling conditions may be used provided the owner or operator allows the
director or the director's representative access to the model and
describes model features and differences from publicly available models to
local emergency planners upon request. (H) Consideration of passive mitigation.
Passive mitigation systems may be considered for the analysis of worst case
provided that the mitigation system can withstand the release event triggering
the scenario and would still function as intended. (I) Factors in selecting a worst-case
scenario. The owner or operator shall select as the worst case for flammable
regulated substances or the worst case for regulated toxic substances, a
scenario that would result in a greater distance to an endpoint, as defined in
paragraph (A) of rule 3745-104-09 of the Administrative Code, beyond the
stationary source boundary and be based on the following: (1) Determination of
worst-case release quantity as defined in paragraphs (B)(1) and (B)(2) of this
rule. (2) Smaller quantities
handled at higher process temperature or pressure. (3) Proximity to the
boundary of the stationary source.
Last updated August 5, 2021 at 8:29 AM
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Rule 3745-104-11 | Hazard assessment: alternative release scenario analysis.
Effective:
August 5, 2021
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
paragraph (C) of rule 3745-104-01 of the Administrative Code titled
"Referenced materials."] (A) Number of scenarios. The owner or
operator of a stationary source with processes subject to program two or
program three shall identify and analyze at least one alternative release
scenario for each regulated toxic substance held in a covered process and at
least one alternative release scenario to represent all flammable substances
held in covered processes. (B) Scenarios to consider. (1) For each scenario
required under paragraph (A) of this rule, the owner or operator shall select a
scenario which includes the following: (a) That is more likely to occur than the worst-case release
scenario under rule 3745-104-10 of the Administrative Code. (b) That will reach an endpoint offsite, unless no such scenario
exists. (2) Release scenarios
considered may include, but are not limited to, the following, where
applicable: (a) Transfer hose releases due to splits or sudden hose
uncoupling. (b) Process piping releases from failures at flanges, joints,
welds, valves and valve seals, and drains or bleeds. (c) Process vessel or pump releases due to cracks, seal failure,
or drain, bleed, or plug failure. (d) Vessel overfilling and spill, or overpressurization and
venting through relief valves or rupture disks. (e) Shipping container mishandling and breakage or puncturing
leading to a spill. (C) Parameters to be applied. The owner
or operator shall use the appropriate parameters defined in rule 3745-104-09 of
the Administrative Code to determine distance to the endpoints. The owner or
operator may use either the methodology provided in the "RMP Offsite
Consequence Analysis Guidance" or any commercially or publicly available
air dispersion modeling techniques, provided the techniques account for the
specified modeling conditions and are recognized by industry as applicable as
part of current practices. Proprietary models that account for the modeling
conditions may be used provided the owner or operator allows the director or
the director's representative access to the model and describes model
features and differences from publicly available models to local emergency
planners upon request. (D) Consideration of mitigation. Active
and passive mitigation systems may be considered provided they can withstand
the event that triggered the release and would still be
functional. (E) Factors in selecting scenarios. The
owner or operator shall consider the following in selecting alternative release
scenarios: (1) The five-year
accident history provided in rule 3745-104-16 of the Administrative
Code. (2) Failure scenarios
identified under rule 3745-104-18 or 3745-104-25 of the Administrative
Code.
Last updated August 5, 2021 at 8:30 AM
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Rule 3745-104-12 | Hazard assessment: defining offsite impacts - population.
Effective:
August 5, 2021
(A) The owner or operator shall estimate
in the RMP the population within a circle with its center at the point of the
release and a radius determined by the distance to the endpoint defined in
paragraph (A) of rule 3745-104-09 of the Administrative Code. (B) Population to be defined. Population
shall include residential population and note the presence of institutions
(schools, hospitals, prisons), parks and recreational areas, and major
commercial, office, and industrial buildings in the RMP. (C) Data sources acceptable. The owner or
operator shall use the most recent census data, or other updated information,
to estimate the population to two significant digits that are potentially
affected.
Last updated August 5, 2021 at 8:30 AM
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Rule 3745-104-13 | Hazard assessment: defining offsite impacts - environment.
Effective:
January 8, 2010
(A) The owner or operator shall list in the RMP environmental receptors within a circle with its center at the point of the release and a radius determined by the distance to the endpoint defined in paragraph (A) of rule 3745-104-09 of the Administrative Code. (B) Data sources acceptable. The owner or operator shall rely on information provided on local US geological survey maps or on any data source containing USGS data to identify environmental receptors.
Last updated September 21, 2021 at 1:42 PM
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Rule 3745-104-14 | Hazard assessment: review and update.
Effective:
January 8, 2010
(A) The owner or operator shall review and update the offsite consequence analyses at least once every five years. (B) If changes in processes, quantities stored or handled, or any other aspect of the stationary source are expected to increase or decrease the distance to the endpoint by a factor of two or more, the owner or operator shall complete a revised analysis within six months of the change and submit to USEPA a revised risk management plan as provided in rule 3745-104-49 of the Administrative Code.
Last updated September 21, 2021 at 1:42 PM
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Rule 3745-104-15 | Hazard assessment: documentation.
Effective:
August 13, 1999
Promulgated Under:
Ch 119.
The owner or operator shall maintain the following records on the offsite consequence analyses: (A) For worst-case scenarios, a description of the vessel or pipeline and substance selected as worst case, assumptions and parameters used, and the rationale for selection; assumptions shall include use of any administrative controls and any passive mitigation that were assumed to limit the quantity that could be released. Documentation shall include the anticipated effect of the controls and mitigation on the release quantity and rate. (B) For alternative release scenarios, a description of the scenarios identified, assumptions and parameters used, and the rationale for the selection of specific scenarios; assumptions shall include use of any administrative controls and any mitigation that were assumed to limit the quantity that could be released. Documentation shall include the effect of the controls and mitigation on the release quantity and rate. (C) Documentation of estimated quantity released, release rate, and duration of release. (D) Methodology used to determine distance to endpoints. (E) Data used to estimate population and environmental receptors potentially affected.
Last updated September 21, 2021 at 1:42 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
|
Rule 3745-104-16 | Hazard assessment: five-year accident history.
Effective:
August 5, 2021
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
paragraph (C) of rule 3745-104-01 of the Administrative Code titled
"Referenced materials."] (A) The owner or operator shall include
in the five-year accident history all accidental releases from covered
processes that resulted in deaths, injuries, or significant property damage on
site, or known offsite deaths, injuries, evacuations, sheltering in place,
property damage, or environmental damage. (B) Data required. For each accidental
release included in the five year accident history, the owner or operator shall
report the following information: (1) Date, time, and
approximate duration of the release. (2) List of chemicals
released. (3) Estimated quantity
released in pounds and, for mixtures containing regulated toxic substances,
percentage concentration by weight of the released regulated toxic substance in
the liquid mixture. (4) Five- or six-digit
NAICS code that most closely corresponds to the process. (5) The type of release
event and its source. (6) Weather conditions,
if known. (7) On-site
impacts. (8) Known offsite
impacts. (9) Initiating event and
contributing factors if known. (10) Whether offsite
responders were notified if known. (11) Operational or
process changes that resulted from investigation of the release and that have
been made by the time this information is submitted in accordance with rule
3745-104-44 of the Administrative Code. (C) Level of accuracy. Numerical
estimates may be provided to two significant digits.
Last updated August 5, 2021 at 8:30 AM
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Rule 3745-104-17 | Program two prevention program: safety information.
Effective:
August 5, 2021
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
paragraph (C) of rule 3745-104-01 of the Administrative Code titled
"Referenced materials."] (A) The owner or operator shall compile
and maintain the following up-to-date safety information related to the
regulated substances, processes, and equipment: (1) Safety data sheets
that meet the requirements of 29 CFR 1910.1200(g); (2) Maximum intended
inventory of equipment in which the regulated substances are stored or
processed; (3) Safe upper and lower
temperatures, pressures, flows, and compositions; (4) Equipment
specifications. (5) Codes and standards
used to design, build, and operate the process. (B) The owner or operator shall ensure
that the process is designed in compliance with recognized and generally
accepted good engineering practices. Compliance with federal or state
regulations that address industry-specific safe design or with
industry-specific design codes and standards may be used to demonstrate
compliance with this paragraph. (C) The owner or operator shall update
the safety information if a major change occurs that makes the information
inaccurate.
Last updated August 5, 2021 at 8:31 AM
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Rule 3745-104-18 | Program two prevention program: hazard review.
Effective:
August 5, 2021
(A) The owner or operator shall
conduct a review of the hazards associated with the regulated substances,
process, and procedures that identifies the following: (1) The hazards associated with the
process and regulated substances. (2) Opportunities for equipment
malfunctions or human errors that could cause an accidental
release. (3) The safeguards used or needed to
control the hazards or prevent equipment malfunction or human
error. (4) Any steps used or needed to
detect or monitor releases. (B) The owner or operator may use
checklists developed by persons or organizations knowledgeable about the
process and equipment as a guide to conducting the review. For processes
designed to meet industry standards or federal or state design rules, the
hazard review shall, by inspecting all equipment, determine whether the process
is designed, fabricated, and operated in accordance with the applicable
standards or rules. (C) The owner or operator shall
document the results of the review and ensure that problems identified are
resolved in a timely manner. (D) The review shall be updated at
least once every five years. The owner or operator shall also conduct reviews
whenever a major change in the process occurs and resolve all issues identified
in the review before startup of the changed process.
Last updated August 5, 2021 at 8:31 AM
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Rule 3745-104-19 | Program two prevention program: operating procedures.
Effective:
August 5, 2021
(A) The owner or operator shall
prepare written operating procedures that provide clear instructions or steps
for safely conducting activities associated with each covered process
consistent with the safety information for that process. Operating procedures
or instructions provided by equipment manufacturers or developed by persons or
organizations knowledgeable about the process and equipment may be used as a
basis for a stationary source's operating procedures. (B) The procedures shall address the
following: (1) Initial startup. (2) Normal operations. (3) Temporary
operations. (4) Emergency shutdown and
operations. (5) Normal shutdown. (6) Startup following a normal or
emergency shutdown or a major change that requires a hazard
review. (7) Consequences of deviations and
steps required to correct or avoid deviations. (8) Equipment
inspections. (C) The owner or operator shall
ensure that the operating procedures are updated, if necessary, whenever a
major change occurs and prior to startup of the changed process.
Last updated August 5, 2021 at 8:31 AM
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Rule 3745-104-20 | Program two prevention program: training.
Effective:
August 13, 1999
Promulgated Under:
Ch 119.
(A) The owner or operator shall ensure that each employee presently operating a process, and each employee newly assigned to a covered process have been trained or tested competent in the operating procedures provided in rule 3745-104-19 of the Administrative Code that pertain to their duties. For those employees already operating a process on June 21, 1999, the owner or operator may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as provided in the operating procedures. (B) Refresher training. Refresher training shall be provided at least every three years, and more often if necessary, to each employee operating a process to ensure that the employee understands and adheres to the current operating procedures of the process. The owner or operator, in consultation with the employees operating the process, shall determine the appropriate frequency of refresher training. (C) The owner or operator may use training conducted under federal or state regulations or under industry-specific standards or codes or training conducted by covered process equipment vendors to demonstrate compliance with this rule to the extent that the training meets the requirements of this section. (D) The owner or operator shall ensure that operators are trained in any updated or new procedures prior to startup of a process after a major change.
Last updated September 21, 2021 at 1:42 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
|
Rule 3745-104-21 | Program two prevention program: maintenance.
Effective:
August 5, 2021
(A) The owner or operator shall
prepare and implement procedures to maintain the on-going mechanical integrity
of the process equipment. The owner or operator may use procedures or
instructions provided by covered process equipment vendors or procedures in
federal or state regulations or industry codes as the basis for stationary
source maintenance procedures. (B) The owner or operator shall train
or cause to be trained each employee involved in maintaining the on-going
mechanical integrity of the process. To ensure that the employee can perform
the job tasks in a safe manner, each such employee shall be trained in the
hazards of the process, in how to avoid or correct unsafe conditions, and in
the procedures applicable to the employee's job tasks. (C) Any maintenance contractor shall
ensure that each contract maintenance employee is trained to perform the
maintenance procedures developed under paragraph (A) of this rule. (D) The owner or operator shall
perform or cause to be performed inspections and tests on process equipment
with procedures that follow recognized and generally accepted good engineering
practices. The frequency of inspections and tests of process equipment shall be
consistent with applicable manufacturers' recommendations, industry
standards or codes, good engineering practices, and prior operating
experience.
Last updated August 5, 2021 at 8:31 AM
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Rule 3745-104-22 | Program two prevention program: compliance audits.
Effective:
August 5, 2021
(A) The owner or operator shall certify
that they have evaluated compliance with the provisions of rules 3745-104-17 to
3745-104-23 of the Administrative Code at least every three years to verify
that the procedures and practices developed under chapter 3745-104 of the
Administrative Code are adequate and are being followed. (B) The compliance audit shall be
conducted by at least one person knowledgeable in the process. (C) The owner or operator shall do the
following: (1) Develop a report of
the audit findings. (2) Promptly determine and document an
appropriate response to each of the findings of the compliance audit and
document that deficiencies have been corrected. (3) Retain the two most recent compliance
audit reports. This requirement does not apply to any compliance audit report
that is more than five years old.
Last updated August 5, 2021 at 8:32 AM
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Rule 3745-104-23 | Program two prevention program: incident investigation.
Effective:
August 5, 2021
(A) The owner or operator shall
investigate each incident which resulted in, or could reasonably have resulted
in a catastrophic release. (B) An incident investigation shall
be initiated as promptly as possible, but not later than forty-eight hours
following the incident. (C) A summary shall be prepared at
the conclusion of the investigation which includes at a minimum the
following: (1) Date of incident. (2) Date investigation
began. (3) A description of the
incident. (4) The factors that contributed to
the incident. (5) Any recommendations resulting
from the investigation. (D) The owner or operator shall
promptly address and resolve the investigation findings and recommendations and
document the resolutions and corrective actions. (E) The findings shall be reviewed
with all affected personnel whose job tasks are affected by the
findings. (F) Investigation summaries shall be
retained for five years.
Last updated August 5, 2021 at 8:32 AM
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Rule 3745-104-24 | Program three prevention program: process safety information.
Effective:
August 5, 2021
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
paragraph (C) of rule 3745-104-01 of the Administrative Code titled
"Referenced materials."] (A) In accordance with the schedule set
forth in rule 3745-104-25 of the Administrative Code, the owner or operator
shall complete a compilation of written process safety information before
conducting any process hazard analysis required by rule 3745-104-25 of the
Administrative Code. The compilation of written process safety information is
to enable the owner or operator and the employees involved in operating the
process to identify and understand the hazards posed by those processes
involving regulated substances. This process safety information shall include
information pertaining to the hazards of the regulated substances used or
produced by the process, information pertaining to the technology of the
process, and information pertaining to the equipment in the
process. (B) Information pertaining to the hazards
of the regulated substances in the process. This information shall consist of
at least the following: (1) Toxicity
information. (2) Permissible exposure
limits. (3) Physical
data. (4) Reactivity
data. (5) Corrosivity
data (6) Thermal and chemical
stability data. (7) Hazardous effects of
inadvertent mixing of different materials that could foreseeably occur. Note:
Safety data sheets meeting the requirements of 29 CFR 1910.1200(g) may be used
to comply with this requirement to the extent they contain the information
required by paragraph (B) of this rule. (C) Information pertaining to the
technology of the process. (1) Information
concerning the technology of the process shall include at least the
following: (a) Block flow diagram or simplified process flow
diagram. (b) Process chemistry. (c) Maximum intended inventory. (d) Safe upper and lower limits for such items as temperatures,
pressures, flows or compositions. and (e) An evaluation of the consequences of deviations. (2) Where the original
technical information no longer exists, such information may be developed in
conjunction with the process hazard analysis in sufficient detail to support
the analysis. (D) Information pertaining to the
equipment in the process. (1) Information
pertaining to the equipment in the process shall include: (a) Materials of construction. (b) Piping and instrument diagrams
(P&ID's). (c) Electrical classification. (d) Relief system design and design basis. (e) Ventilation system design. (f) Design codes and standards employed. (g) Material and energy balances for processes built after June
21, 1999. (h) Safety systems (including interlocks, detection or
suppression systems). (2) The owner or operator
shall document that equipment complies with recognized and generally accepted
good engineering practices. (3) For existing
equipment designed and constructed in accordance with codes, standards, or
practices that are no longer in general use, the owner or operator shall
determine and document that the equipment is designed, maintained, inspected,
tested, and operating in a safe manner.
Last updated August 5, 2021 at 8:32 AM
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Rule 3745-104-25 | Program three prevention program: process hazard analysis.
Effective:
August 5, 2021
[Comment: For dates of non-regulatory government
publications, publications of recognized organizations and associations,
federal rules, and federal statutory provisions referenced in this rule, see
paragraph (C) of rule 3745-104-01 of the Administrative Code titled
"Referenced materials."] (A) The owner or operator shall perform
an initial process hazard analysis (hazard evaluation) on processes covered by
this chapter. The process hazard analysis shall be appropriate to the
complexity of the process and shall identify, evaluate, and control the hazards
involved in the process. The owner or operator shall determine and document the
priority order for conducting process hazard analyses based on a rationale
which includes such considerations as extent of the process hazards, number of
potentially affected employees, age of the process, and operating history of
the process. The process hazard analysis shall be conducted as soon as
possible, but not later than June 21, 1999. Process hazards analyses completed
to comply with 29 CFR 1910.119(e) are acceptable to meet requirements of this
paragraph as initial process hazards analyses. (B) The owner or operator shall use one
or more of the following methodologies that are appropriate to determine and
evaluate the hazards of the process being analyzed. (1) What -
if. (2) Checklist. (3) What -
if/checklist. (4) Hazard and
operability study (HAZOP). (5) Failure mode and
effects analysis (FMEA). (6) Fault tree
analysis. (7) An appropriate
equivalent methodology. (C) The process hazard analysis shall
address the following: (1) The hazards of the
process. (2) The identification of
any previous incident which had a likely potential for catastrophic
consequences. (3) Engineering and
administrative controls applicable to the hazards and their interrelationships
such as appropriate application of detection methodologies to provide early
warning of releases. Acceptable detection methods include process monitoring
and control instrumentation with alarms, and detection hardware such as
hydrocarbon sensors. (4) Consequences of
failure of engineering and administrative controls. (5) Stationary source
siting. (6) Human
factors. (7) A qualitative
evaluation of a range of the possible safety and health effects of failure of
controls. (D) The process hazard analysis shall be
performed by a team with expertise in engineering and process operations that
includes at least one employee who has experience and knowledge specific to the
process being evaluated and one member knowledgeable in the specific process
hazard analysis methodology being used. (E) The owner or operator shall establish
a system to: (1) Promptly address the
team's findings and recommendations. (2) Assure that the
recommendations are resolved in a timely manner and that the resolutios is
documented. (3) Document what actions
are to be taken. (4) Complete actions as
soon as possible. (5) Develop a written
schedule of when these actions are to be completed. (6) Communicate the
actions to operating, maintenance and other employees whose work assignments
are in the process and who may be affected by the recommendations or
actions. (F) At least every five years after the
completion of the initial process hazard analysis, the process hazard analysis
shall be updated and revalidated by a team meeting the requirements in
paragraph (D) of this rule, to assure that the process hazard analysis is
consistent with the current process. Updated and revalidated process hazard
analyses completed to comply with 29 CFR 1910.119(e) are acceptable to meet the
requirements of this paragraph. (G) The owner or operator shall retain
process hazards analyses and updates or revalidations for each process covered
by this rule, as well as the documented resolution of recommendations described
in paragraph (E) of this rule for the life of the process.
Last updated August 5, 2021 at 8:33 AM
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Rule 3745-104-26 | Program three prevention program: operating procedures.
Effective:
August 5, 2021
(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. (2) Operating
limits: (a) Consequences of deviation. (b) Steps required to correct or avoid deviation. (3) Safety and health
considerations: (a) Properties of, and hazards presented by, the chemicals used
in the process. (b) Precautions necessary to prevent exposure to any person,
public receptor or environmental receptor, including engineering controls,
administrative controls, and personal protective equipment. (c) Control measures to be taken if physical contact or airborne
exposure occurs. (d) Quality control for raw materials and control of hazardous
chemical inventory levels. (e) Any special or unique hazards of the process or regulated
substance. (4) Safety systems and
their functions. (B) Operating procedures shall be readily
accessible to employees who work in or maintain a process. (C) The operating procedures shall
reflect current operating practice, including changes that result from changes
in process chemicals, technology, and equipment, and changes to stationary
sources and be certified annually by the owner or operator that these
procedures are current and accurate. (D) The owner or operator shall develop
and implement safe work practices, applicable to employees and contractor
employees, to provide for the control of hazards during operations and for the
control over entrance into a stationary source by maintenance, contractor,
laboratory, or other support personnel.
Last updated August 5, 2021 at 8:33 AM
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Rule 3745-104-27 | Program three prevention program: training.
Effective:
August 5, 2021
(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. (B) Refresher training. Refresher
training shall be provided at least every three years, and more often if
necessary, to each employee involved in operating a process to assure that the
employee understands and adheres to the current operating procedures of the
process. (C) Training documentation. The owner or
operator shall do the following: (1) Ascertain that each
employee involved in operating a process has received and understood the
training required by this rule. (2) Prepare a record
which contains the identity of the employee, the date of training, and the
means used to verify that the employeed understood the training.
Last updated August 5, 2021 at 8:33 AM
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Rule 3745-104-28 | Program three prevention program: mechanical integrity.
Effective:
August 5, 2021
(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. (B) Written procedures. The owner or
operator shall establish and implement written procedures to maintain the
on-going integrity of process equipment. (C) Training for process maintenance
activities. The owner or operator shall train each employee involved in
maintaining the on-going integrity of process equipment in an overview of that
process and its hazards and in the procedures applicable to the employee's
job tasks to assure that the employee can perform the job tasks in a safe
manner. (D) Inspection and testing. (1) Inspections and tests
shall be performed on process equipment with procedures following recognized
and generally accepted good engineering practices. (2) The frequency of inspections and
tests of process equipment shall be consistent with applicable
manufacturers' recommendations and good engineering practices, and more
frequently if determined to be necessary by prior operating
experience. (3) The owner or operator shall document
each inspection and test that has been performed on process equipment that
identifies the date of the inspection or test, the name of the person who
performed the inspection or test, the serial number or other identifier of the
equipment on which the inspection or test was performed, a description of the
inspection or test performed, and the results of the inspection or
test. (E) Equipment deficiencies. The owner or
operator shall correct deficiencies in equipment that are outside acceptable
limits (defined by the process safety information in rule 3745-104-24 of the
Administrative Code) before further use or in a safe and timely manner when
necessary means are taken to assure safe operation. (F) Quality assurance. The owner or
operator shall do the following: (1) In the construction
of new plants and equipment, assure that the equipment as it is fabricated, is
suitable for the process application for which it will be used. (2) Perform appropriate
checks and inspections to assure that equipment is installed properly and
consistent with design specifications and the manufacturer's
instructions. (3) Assure that
maintenance materials, spare parts and equipment are suitable for the process
application for which they will be used.
Last updated August 5, 2021 at 8:33 AM
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Rule 3745-104-29 | Program three prevention program: management of change.
Effective:
August 5, 2021
(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. (C) Employees, maintenance and contract
employees whose job tasks will be affected by a change in the process shall be
informed of, and trained in, the change prior to start-up of the process or
affected part of the process. (D) If a change covered by this paragraph
results in a change in the process safety information required by rule
3745-104-24 of the Administrative Code, such information shall be updated
accordingly. (E) If a change covered by this paragraph
results in a change in the operating procedures or practices required by rule
3745-104-26 of the Administrative Code, such procedures or practices shall be
updated accordingly.
Last updated August 5, 2021 at 8:34 AM
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Rule 3745-104-30 | Program three prevention program: pre-startup review.
Effective:
August 5, 2021
(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.
Last updated August 5, 2021 at 8:34 AM
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Rule 3745-104-31 | Program three prevention program: compliance audits.
Effective:
August 5, 2021
(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.
Last updated August 5, 2021 at 8:34 AM
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Rule 3745-104-32 | Program three prevention program: incident investigation.
Effective:
August 5, 2021
(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. (E) The owner or operator shall establish
a system to promptly address and resolve the incident report findings and
recommendations with resolutions and corrective actions
documented. (F) The incident investigation report
shall be retained for five years and reviewed with all affected personnel whose
job tasks are relevant to the incident findings, including contract employees
where applicable.
Last updated August 5, 2021 at 8:34 AM
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Rule 3745-104-33 | Program three prevention program: employee participation.
Effective:
August 5, 2021
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.
Last updated August 5, 2021 at 8:35 AM
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Rule 3745-104-34 | Program three prevention program: hot work permit.
Effective:
August 5, 2021
[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.
Last updated August 5, 2021 at 8:35 AM
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Rule 3745-104-35 | Program three prevention program: contractors.
Effective:
August 5, 2021
(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. (C) Contractor responsibilities. The
contractor shall: (1) Assure that each contract
employee is trained in the work practices necessary to safely perform his or
her job. (2) Assure that each contract
employee is instructed in the known potential fire, explosion, or toxic release
hazards related to his or her job and the process, and the applicable
provisions of the emergency action plan. (3) Document that each contract
employee has received and understood the training required by this section. The
contractor shall prepare a record that contains the identity of the contract
employee, the date of training, and the means used to verify that the employee
understood the training. (4) Assure assure that each contract
employee follows the safety rules of the stationary source including the safe
work practices required by paragraph (D) of rule 3745-104-26 of the
Administrative Code. (5) Advise the owner or operator of
any unique hazards presented by the contractor's work, or of any hazards
found by the contractor's work.
Last updated August 5, 2021 at 8:35 AM
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Rule 3745-104-36 | Emergency response: applicability.
Effective:
August 5, 2021
[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. (C) Emergency response coordination
activities. The owner or operator of a stationary source shall coordinate
response needs with local emergency planning and response organizations to
determine how the stationary source is addressed in the community emergency
response plan and to ensure that local response organizations are aware of the
regulated substances at the stationary source, their quantities, the risks
presented by covered processes, and the resources and capabilities at the
stationary source to respond to an accidental release of a regulated substance.
Coordination activities shall: (1) Occur at least
annually, and more frequently if necessary, to address any of the following
changes: (a) At the stationary source: in the stationary
source's emergency response or emergency action plan. (b) In the community emergency response plan. (2) Include providing the
local emergency planning and response organizations with the
following: (a) The stationary source's emergency response plan if
one exists. (b) Emergency action plan. (c) Updated emergency contact information. (d) Other information necessary for developing and
implementing the local emergency response plan. (e) For responding stationary sources, coordination also
includes consulting with the local emergency response officials to establish
appropriate schedules and plans for field and tabletop exercises in paragraph
(D) of rule 3745-104-37 of the Administrative Code. The owner or operator shall
request an opportunity to meet with the local emergency planning committee and
local fire department as appropriate to review and discuss those materials.
(3) Include documentation
provided by the owner or operator of coordination activities with local
authorities, including: The names of individuals involved and their contact
information (phone number, email address, and organizational affiliates); dates
of coordination activities; and nature of coordination activities.
(D) 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.
Last updated August 5, 2021 at 8:35 AM
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Rule 3745-104-37 | Emergency response program.
Effective:
August 5, 2021
(A) The owner or operator shall develop
and implement an emergency response program for the purpose of protecting
public health and the environment and 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. (2) Procedures for the
use of emergency response equipment and for its inspection, testing, and
maintenance (3) Training for all
employees in relevant procedures. (4) A schedule for
reviewing and updating the plan as appropriate based on changes at the
stationary source or new information obtained from coordination activities,
emergency response exercises, incident investigations, or other available
information, and ensure that employees are informed of changes. (B) A written plan that complies with
other federal contingency plan regulations or is consistent with the approach
in the national response team's "Integrated Contingency Plan
Guidance" ("One Plan") and that, among other matters, includes
the elements provided in paragraph (A) of this rule, shall satisfy the
requirements of this section if the owner or operator also complies with
paragraph (C) of this rule. (C) The emergency response plan developed
under paragraph (A)(1) of this rule shall be coordinated with the community
emergency response plan developed under section 3750.05 of the Revised Code or
rules adopted thereunder. Upon request of the LEPC or emergency response
officials, the owner or operator shall promptly provide to the local emergency
response officials information necessary for developing and implementing the
community emergency response plan. (D) Emergency response
exercises. (1) Notification
exercises. The owner or operator of a stationary source with any program two or
program three processes shall conduct an exercise of the stationary
source's emergency response notification mechanism required under
paragraph (A) of this rule, as appropriate, before December 19, 2024 and
annually thereafter. Owners or operators of responding stationary sources may
perform the notification exercise as part of the tabletop and field exercises
required in paragraph (D)(2) of this rule and maintain a written record of each
notification exercise conducted over the last five years. (2) Emergency response
exercise program. The owner or operator of a stationary source subject to the
requirements of this rule shall develop, and implement an exercise program for
the emergency response program, including the plan under paragraph (A)(1) of
this rule and involve facility emergency response personnel and, as
appropriate, emergency response contractors. When planning emergency response
field and tabletop exercises, the owner or operator shall coordinate with local
public emergency response officials and invite the officials to participate in
the exercise that includes the following: (a) Emergency response field exercises involving the
simulated accidental release of a regulated substances (such as toxic substance
releases or release of a regulated flammable substance involving a fire or
explosion). (i) Frequency. Consult
with local emergency response officials required by rule 3745-104-36 of the
Administrative Code to establish an appropriate frequency for field
exercises. (ii) Scope. Field
exercises shall involve tests of the source's emergency response plan,
including the following: deployment of emergency response personnel and
equipment. Field exercises should include the following: (a) Tests of procedures
to notify the public and the appropriate federal, state, and local emergency
response agencies about an accidental release. (b) Tests of procedures
and measures for emergency response actions including evacuations and medical
treatment. (c) Tests of
communication systems. (d) Mobilization of
facility emergency response personnel, including contractors, as
appropriate. (e) Coordination with
local emergency responders. (f) Emergency response
equipment deployment. (g) Any other action
identified in the emergency response program, as appropriate. (b) Tabletop exercises involving the simulated accidental
release of a regulated substance. (i) Frequency. As
required under rule 3745-104-36 of the Administrative Code, the owner or
operator shall coordinate with local response officials to establish an
appropriate frequency for tabletop exercises and conduct a tabletop exercise
before December 19, 2026 and at a minimum, of at least once every three years
thereafter. (ii) Scope. Tabletop
exercises shall involve discussions of the source's emergency response
plan. The exercise should also, as appropriate, include discussions of the
following: (a) Procedures to notify
the public and appropriate Federal, state, and local emergency response
agencies. (b) Procedures and
measures for emergency response including evacuations and medical
treatment. (c) Identification of
facility emergency response personnel or contractors and their
responsibilities. (d) Coordination with
local emergency responders. (e) Procedures for
emergency response equipment deployment. (f) Any other action
identified in the emergency response plan. (c) For documentation, an evaluation report within ninety
days of each field and tabletop exercise including the following: (i) A description of the
exercise scenarios. (ii) Names and
organizations of each participant. (iii) An evaluation of
the exercise results including lessons learned. (iv) Recommendations for
improvement or revisions to the emergency response exercise program and
emergency response program. (v) A schedule to
promptly address and resolve recommendations. (3) Alternative means of
meeting exercise requirements. The owner or operator may satisfy the
requirement to conduct notification, field or tabletop exercises
through: (a) Exercises conducted to meet other Federal, state or
local exercise requirements, provided the exercise meets the requirements of
paragraphs (D)(1) and (D)(2) of this rule. (b) Response to an accidental release, provided the
response includes actions indicated in paragraphs (D)(1) and (D)(2) of this
rule and an after-action report is prepared by the owner or operator comparable
to the exercise evaluation report required in a paragraph (D)(2)(c) of this
rule, within ninety days of the incident.
Last updated August 5, 2021 at 8:36 AM
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Rule 3745-104-38 | Risk management plan: submission.
Effective:
August 5, 2021
[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. (B) The owner or operator shall submit
the first RMP no later than the latest of the following: (1) June 21,
1999. (2) Three years after the
date on which a regulated substance is first listed under 40 CFR Part 68, which
is incorporated into rule 3745-104-04 of the Administrative Code. (3) The date on which a
regulated substance is first present above a threshold quantity in a process
with a copy of the initial RMP submitted to Ohio EPA. (C) The owner or operator for which an
RMP was submitted before June 21, 2004, shall revise the RMP to include the
information required by paragraphs (B)(6) and (B)(14) of rule 3745-104-42 of
the Administrative Code by June 21, 2004 in the manner specified by USEPA prior
to that date. Any such submission shall also include the information required
by paragraph (B)(20) of rule 3745-104-42 of the Administrative Code (indicating
that the submission is a correction to include the information required by
paragraphs (B)(6) and (B)(14) of rule 3745-104-42 of the Administrative Code or
an update under rule 3745-104-49 of the Administrative Code). (D) Subsequent submissions of RMPs shall be in accordance with
rule 3745-104-49 of the Administrative Code with copies also being submitted to
Ohio EPA, but only when the subsequent submission is being made in accordance
with paragraphs (B)(2) to (B)(4), paragraph (B)(6), (B)(7), (C), or (D)(1) of
rule 3745-104-49 of the Administrative Code. (E) Nothing in these rules is intended to enlarge or diminish any
rights the owner or operator may have to make a claim to USEPA for confidential
business information for any such information contained in the RMP that is
submitted to USEPA. However, to secure confidential treatment of information in
the RMP which is submitted to Ohio EPA, the owner or operator must seek
protection of the information as a trade secret exclusively in the manner set
forth in rules 3745-104-39 and 3745-104-40 of the Administrative
Code. (F) Procedures for asserting that
information submitted in the RMP is entitled to protection as trade secret
information are set forth in rules 3745-104-39 and 3745-104-40 of the
Administrative Code. (G) An owner or operator who is required to submit a risk
management plan under this chapter shall pay to Ohio EPA fees as specified in
section 3753.05 of the Revised Code.
Last updated August 5, 2021 at 8:36 AM
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Rule 3745-104-39 | Assertation of claims of trade secret information.
Effective:
August 14, 2015
(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. (C) Notwithstanding the procedures specified in rule 3745-49-03 of the Administrative Code, and subject to all other requirements of this rule, an owner or operator asserting a claim for trade secret protection with respect to information contained in its RMP shall submit to Ohio EPA, at the time it submits the RMP, the following: (1) The information claimed as trade secret, provided in a format to be specified by Ohio EPA. (2) A sanitized (redacted) copy of the RMP, with the notation "trade secret" substituted for the information claimed as trade secret, except that a generic category or class name shall be substituted for any chemical name or identity claimed confidential. (3) The document or documents substantiating each claims of trade secret information as described in rule 3745-104-40 of the Administrative Code.
Last updated September 21, 2021 at 1:42 PM
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Rule 3745-104-40 | Substantiating trade secret information.
Effective:
August 13, 1999
Promulgated Under:
Ch 119.
(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.
Last updated September 21, 2021 at 1:42 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-104-41 | Risk management plan: executive summary.
Effective:
August 5, 2021
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.
Last updated August 5, 2021 at 8:36 AM
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Rule 3745-104-42 | Risk management plan: registration.
Effective:
August 5, 2021
[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 complete
a single registration form that covers all regulated substances handled in the
processes as required by USEPA and include it in the RMP. (B) The registration form shall include
the following data: (1) Stationary source
name, street, city, county, state, zip code, latitude, and longitude, method
for obtaining latitude and longitude, and description of location that latitude
and longitude represent. (2) The stationary source
Dun and Bradstreet number. (3) Name and Dun and
Bradstreet number of all corporate parents. (4) The name, telephone
number, and mailing address of the owner or operator. (5) The name and title of
the person or position with overall responsibility for RMP elements and
implementation, and (optional) the e-mail address for that person or
position. (6) The name, title,
telephone number, and twenty-four hour telephone number, and, as of June 21,
2004, the e-mail address (if an e-mail address exists) of the emergency
contact. (7) For each covered
process, the name and CAS number of each regulated substance held above the
threshold quantity in the process, the maximum quantity of each regulated
substance or mixture in the process (in pounds) to two significant digits, the
five- or six-digit NAICS code that most closely corresponds to the process, and
the program level of the process. (8) The stationary source
USEPA identifier. (9) The number of
full-time employees at the stationary source. (10) Whether the
stationary source is subject to OSHA's process safety management (29 CFR
1910.119) as adopted by reference in rule 4167-3-01 of the Administrative
Code. (11) Whether the
stationary source is subject to 40 CFR Part 355 or section 3750.05 of the
Revised Code and rules adopted thereunder. (12) Whether the
stationary source has a CAA Title V operating permit. (13) The date of the last
safety inspection of the stationary source by a federal, state, or local
government agency and the identity of the inspecting entity. (14) As of June 21, 2004,
the name, the mailing address, and the telephone number of the contractor who
prepared the RMP (if any). (15) Source or parent company e-mail
address (optional). (16) Source homepage address
(optional). (17) Phone number at the source for public
inquiries (optional). (18) Local emergency planning committee
(optional). (19) OSHA voluntary protection program
status (optional). (20) As of June 21, 2004,
the type and the reason for any changes being made to a previously submitted
RMP; the types of changes to the RMP are categorized as follows: (a) Updates and re-submissions required under paragraph (B) of
rule 3745-104-49 of the Administrative Code (b) Corrections under paragraph (D) of rule 3745-104-49 of the
Administrative Code or for purposes of correcting minor clerical errors,
updating administrative information, providing missing data elements or
reflecting facility ownership changes, and which do not require an update and
re-submission as specified in paragraph (B) of rule 3745-104-49 of the
Administrative Code. (c) De-registrations required under paragraph (C) of rule
3745-104-49 of the Administrative Code. (d) Withdrawals of an RMP for any facility that was erroneously
considered subject to this chapter. (21) Whether a public
meeting has been held following an RMP reportable accident, pursuant to
paragraph (B) of rule 3745-104-51 of the Administrative Code.
Last updated August 5, 2021 at 8:36 AM
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Rule 3745-104-43 | Risk management plan: offsite consequence analysis.
Effective:
August 5, 2021
(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. (B) For each worst case release
scenario or alternative release scenario required by paragraph (A) of this
rule, the owner or operator shall submit the following data: (1) Chemical name of the regulated
substance. (2) Percentage weight of the chemical
in a liquid mixture (toxics only). (3) Physical state of the regulated
substance (toxics only). (4) Basis of results (give model name
if used). (5) Scenario (explosion, fire, toxic
gas release, or liquid spill and vaporization). (6) Quantity released in
pounds. (7) Release rate. (8) Release duration. (9) Wind speed and atmospheric
stability class (toxics only). (10) Topography (toxics
only). (11) Distance to
endpoint. (12) Public and environmental
receptors within the distance. (13) Passive mitigation
considered. (14) Active mitigation considered
(alternative releases only).
Last updated August 5, 2021 at 8:37 AM
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Rule 3745-104-44 | Risk management plan: five-year accident history.
Effective:
August 13, 1999
Promulgated Under:
Ch 119.
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.
Last updated September 21, 2021 at 1:43 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-104-45 | Risk management plan: prevention program/program 2.
Effective:
August 5, 2021
(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.
Last updated August 5, 2021 at 8:37 AM
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Rule 3745-104-46 | Risk management plan: prevention program/program three.
Effective:
August 5, 2021
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 used as 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. (E) The date of the most recent review or revision of
operating procedures. (F) The date of the most recent review or revision of the
following: (1) The type of training provided -
classroom, classroom plus on the job, on the job (2) The type of competency testing
used. (G) 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. (H) The date of the most recent change that triggered
management of change procedures and the date of the most recent review or
revision of management of change procedures. (I) The date of the most recent pre-startup
review. (J) The date of the most recent compliance audit and the
expected date of completion of any changes resulting from the compliance
audit. (K) The date of the most recent incident investigation and
the expected date of completion of any changes resulting from the
investigation. (L) The date of the most recent review or revision of
employee participation plans. (M) The date of the most recent review or revision of hot
work permit procedures. (N) The date of the most recent review or revision of
contractor safety procedures. (O) The date of the most recent evaluation of contractor
safety performance.
Last updated August 5, 2021 at 8:37 AM
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Rule 3745-104-47 | Risk management plan: emergency response program and exercises.
Effective:
August 5, 2021
(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. (B) The owner or operator shall identify in the RMP whether
the facility is a responding stationary source or a non-responding stationary
source, pursuant to paragraph (B) of rule 3745-104-36 of the Administrative
Code and provide the following: (1) For non-responding stationary sources, the
following: (a) For stationary
sources with any regulated toxic substance held in a process above the
threshold quantity, whether the stationary source is included in the community
emergency response plan developed under 42 USC 11003, pursuant to paragraph (B)
of rule 3745-104-36 of the Administrative Code. (b) For stationary
sources with only regulated flammable substances held in a process above the
threshold quantity, the date of the most recent coordination with the local
fire department, pursuant to paragraph (B) of rule 3745-104-36 of the
Administrative Code. (c) The mechanisms that
are in place to notify the public and emergency responders when there is a need
for emergency response. (d) The date of the most
recent notification exercise, as required in paragraph (B)(5) of rule
3745-104-36 of the Administrative Code. (2) For responding stationary sources, the following dates
of the most recent: (a) Review and update of
the emergency response plan, pursuant to paragraph (A)(4) of rule 3745-104-37
of the Administrative Code. (b) Notification
exercise, as required by paragraph (D)(1)(a) of rule 3745-104-37 of the
Administrative Code. (c) The date of the most
recent field exercise, as required in paragraph (D)(2)(a) of rule 3745-104-37
of the Administrative Code. (d) The date of the most
recent tabletop exercise, as required in paragraph (D)(2)(b) of rule
3745-104-37 of the Administrative Code. (C) The owner or operator shall list in the RMP other
federal or state emergency plan requirements to which the stationary source is
subject.
Last updated August 5, 2021 at 8:38 AM
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Rule 3745-104-48 | Risk management plan: certification.
Effective:
August 13, 1999
Promulgated Under:
Ch 119.
(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.
Last updated September 21, 2021 at 1:43 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
|
Rule 3745-104-49 | Risk management plan: updates and required corrections.
Effective:
August 5, 2021
[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. (C) Within six months of the date a
stationary source is no longer subject to this rule, the owner or operator
shall submit a de-registration to USEPA indicating that the stationary source
is no longer covered. (D) The owner or operator shall correct
the RMP as follows: (1) New accident history
information. For any accidental release meeting the five-year accident history
reporting criteria of rule 3745-104-16 of the Administrative Code and occurring
after April 9, 2004, the owner or operator shall submit the data required under
rule 3745-104-44, paragraph (A)(9) of rule 3745-104-45 and paragraph (A)(11) of
rule 3745-104-46 of the Administrative Code with respect to that accident
within six months of the release or by the time the RMP is updated under
paragraph (B) of this rule. (2) Emergency contact
information. Beginning June 21, 2004, within one month of any change in the
emergency contact information required under paragraph (B)(6) of rule
3745-104-42 of the Administrative Code, the owner or operator shall submit a
correction of that information.
Last updated August 5, 2021 at 8:38 AM
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Rule 3745-104-50 | Recordkeeping.
Effective:
August 13, 1999
Promulgated Under:
Ch 119.
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.
Last updated September 21, 2021 at 1:43 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
|
Rule 3745-104-51 | Availability of information to the public.
Effective:
August 5, 2021
(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 classifed 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.
Last updated August 5, 2021 at 8:38 AM
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Rule 3745-104-52 | Permit content and air permitting authority or designated agency requirements.
Effective:
August 5, 2021
[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. (B) The owner or operator shall submit
any additional relevant information requested by Ohio EPA. (C) For Title V or 40 CFR Part 71 permits
that are issued prior to the deadline for registering and submitting the RMP
and that do not contain permit conditions described in paragraph (A) of this
rule, the owner or operator or the director shall initiate permit revision or
reopening according to the procedures of rule 3745-77-08 of the Administrative
Code or 40 CFR 71.7 to incorporate the terms and conditions consistent with
paragraph (A) of this rule.
Last updated August 5, 2021 at 8:38 AM
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