Ohio Adm.Code 3750 | Ohio Administrative Code 3750 — Emergency Response Commission

Chapter 3750-1 Emergency Response Commission

Ohio Adm.Code 3750-1-01 Definitions and incorporation by reference.

[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 (AA) of this rule titled "Referenced materials."]

Terms defined in section 11049 of the Emergency Planning and Community Right to Know Act of 1986 and in 40 CFR Parts 350, 355 and 370 which are not explicitly defined herein are used within the meaning given in that statute and parts as used in the rules adopted by the state emergency response commission:

(A)

(1) "Administrator" means the administrator of the United States environmental protection agency or the administrator's designee.

(2) "Agriculture producer" means a facility engaged in the growing of crops or livestock production for retail consumption. The term "agriculture" is a broad term encompassing a wide range of growing operations, not just farms, and includes nurseries or other horticultural operations.

(B) [Reserved.]

(C)

(1) "Comprehensive Environmental Response, Compensation, and Liability Act" (CERCLA) means Comprehensive Environmental Response, Compensation, and Liability Act of 1980 contained in 42 USC 9601 to 9675 and regulations adopted thereunder.

(2) "Chemical" means any element, chemical compound or mixture of elements or compounds.

(3) "Chemical name" means scientific designation of a chemical in accordance with the nomenclature system developed by the "International Union of Pure and Applied Chemistry (IUPAC)" or "Chemical Abstract Service (CAS)" rules of nomenclature, or a name which will clearly identify the chemical.

(4) "Commission" means the state emergency response commission.

(5) "Committee" means the local emergency planning committee for the emergency planning district in which the facility is located nominated by the county commissioners and adopted by the commission.

(6) "Common name" means any designation or identification such as code names, code numbers, trade name, brand name, or generic name used to identify a chemical other than by the chemical name.

(7) "Complete file" means for the purposes of the first time filer credits under section 3750.14 of the Revised Code, the forms approved by the commission under rule 3750-30-20 of the Administrative Code and fee forms under rule 3750-50-01 of the Administrative Code for any facility that has met the requirements for a first time file in a previous year.

(8) "Construction facility" means a facility which the equipment is owned and operated by a company involved in the process of building a permanent structure or roadway in which the equipment and company will be removed from the site upon completion of the building process.

(9) "Contiguous" means the same or geographically adjacent property that may be divided by public or private right-of-way if the entrance and exit between the properties is at a crossroads intersection, and access is by crossings as opposed to going along the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way that the person controls and to which the public does not have access is considered contiguous property.

(10) "Crude oil," "crude," or "petroleum" means liquid petroleum as the petroleum comes out of the ground, as distinguished from refined oils manufactured out of the petroleum.

(D)

(1) "Director" means the director of the Ohio EPA, or the director's designee.

(2) "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping, but excludes the following:

(a) Discharges in compliance with a permit under Section 402 of the Clean Water Act.

(b) Discharges resulting from circumstances identified and reviewed and made a part of the public record with respect to a permit record with respect to a permit issued or modified under Section 402 of the Clean Water Act, and subject to a condition in such permit.

(c) Continuous or anticipated intermittent discharges from a point source, identified in a permit or permit application under Section 402 of the Clean Water Act, that are caused by events occurring within the scope of relevant operating or treatment systems.

(E)

(1) "Emergency contact" means one person or office that can act as a referral if emergency responders need assistance in responding to a chemical release at the facility.

(2) "Emergency Planning and Community Right-To-Know Act" (EPCRA) means Emergency Planning and Community Right-To-Know Act of 1986 contained in 42 USC 11001 to 11050 and regulations adopted thereunder.

(3) "Emergency planning district" means an emergency planning district or joint emergency planning district designated under section 3750.03 of the Revised Code or a joint interstate emergency planning district established by agreement under that section.

(4) "Environment" means navigable waters and any other surface water, ground water, drinking water supply, land surface or subsurface strata or ambient air.

(5) "Establishment" means an economic unit, generally at a single physical location, where business is conducted or where services or industrial operations are performed.

(6) "Extremely hazardous substance" means a substance listed by USEPA in paragraph (A) of rule 3750-20-30 of the Administrative Code and a substance listed by the commission in paragraph (B) of rule 3750-20-30 of the Administrative Code.

(F)

(1) "Facility" means all buildings, equipment, structures, and other stationary items which are located on a single site or contiguous or adjacent sites and which are owned or operated by the same person (or by person which controls, is controlled by, or under common control with). For purposes of chemical release notification under section 3750.06 of the Revised Code, the term does include motor vehicles, rolling stock, and aircraft. "Facility" includes man-made structures as well as all natural structures in which chemicals are purposefully placed or removed through human means such that the structure functions as a containment structure for human use. A facility may contain more than one establishment.

(2) "Facility emergency coordinator" means a designated facility representative who will participate in local emergency planning.

(3) "Fire department" means a fire department of a municipal corporation or township, a township fire district, a joint township fire district, a private fire company or volunteer fire company that has entered into an agreement for the use and operation of firefighting equipment with a municipal corporation, township, township fire district, or joint township fire district or, in a municipal corporation or township where no such fire department or district exists and no such agreement is in effect, the fire prevention officer of the municipal corporation or township having response jurisdiction for a regulated facility.

(4) "First response equipment" means equipment, other than emergency response and firefighting vehicles, designed primarily for the purpose of facilitating the safe and efficient response to unanticipated and unauthorized releases of hazardous substances and extremely hazardous substances.

(5) "First time file" means any file for a facility subject to the annual chemical inventory requirements of the section 3750.08 of the Revised Code, and the fee requirements of section 3750.13 of the Revised Code that has submitted an annual chemical inventory to the commission and to the responsible committee, and that has submitted an appropriate fee to the commission. Such a facility file becomes a first time file during the state fiscal year in which the requirements of sections 3750.08 and 3750.13 of the Revised Code have been met for the first time.

If a facility changes ownership and is subject to the requirements of section 3750.08 of the Revised Code the next annual submission of a complete file is considered to be a first time file. When such change results in the submission of a new report under sections 3750.07 and 3750.08 of the Revised Code.

(G) [Reserved.]

(H)

(1) "Hazardous chemical" has the meanings given to that term in 29 CFR 1910.1200(c). The term also includes chemicals identified or listed pursuant to rule 3750-20-60 of the Administrative Code, but does not include any of the following:

(a) Any food, food additive, color additive, drug, or cosmetic regulated by the food and drug administration of the United States department of health and human services.

(b) Any substance present as a solid in any manufactured item, to the extent that exposure to the substance does not occur under normal conditions of use.

(c) Any substance to the extent the substance is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public, including, without limitation, household and consumer products that are stored prior to or displayed for distribution to the consumer when in the same form and concentration and products that are not intended for distribution to the general public and are in the same form and concentration as products packaged for distribution to and use by the general public, unless the chemical is subject to a reporting requirement for which a variance has been issued under division (B) or (C) of section 3750.11 of the Revised Code.

(d) Any substance to the extent the substance is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.

(e) Any substance to the extent the substance is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

(f) Any substance that is subject to an exclusion under 29 CFR 1910.1200(b)(6).

(2) "Hazard communication standard" means standards promulgated by the occupational safety and health administration, 29 CFR 1910.1200.

(3) "Hazardous substance" means a substance listed by USEPA in paragraph (A) of rule 3750-20-50 of the Administrative Code and a substance listed by the commission in paragraph (B) of rule 3750-20-50 of the Administrative Code.

(I)

(1) "Inactive file" means a file for a facility for which the owner or operator has previously filed under rules 3750-30-20 and 3750-50-01 of the Administrative Code and that has subsequently changed ownership or status.

(2) "Incomplete file" means, for the purposes of the first time filer credits under section 3750.14 of the Revised Code, any facility file not meeting the conditions to be classified as a first time file or a complete file.

(3) "Inventory form" means the "Emergency and Hazardous Chemical Inventory Form" containing Tier I and Tier II information as set forth in 42 USC 11022 or a form adopted by the commission as prescribed in rule 3750-30-20 of the Administrative Code.

(J) [Reserved.]

(K) [Reserved.]

(L) [Reserved.]

(M) [Reserved.]

(N)

(1) "Navigable waters" means the waters of the United States including the territorial seas as contained within the state of Ohio. The term includes the following:

(a) All waters that are currently used, were used in the past, or may be susceptible to use in the interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide.

(b) Interstate waters, including interstate wetlands.

(c) All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, and wetlands, the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any of the following:

(i) That are or could be used by interstate or foreign travelers for recreational or other purposes.

(ii) From which fish or shellfish are or could be taken and sold in interstate or foreign commerce.

(iii) That are used or could be used for industrial purposes in interstate commerce.

(d) All impoundments of waters otherwise defined as navigable waters under Section 402 of the Clean Water Act.

(e) Tributaries of waters identified in paragraphs (N)(1)(a) to (N)(1)(d) of this rule: provided, that waste treatment systems (other than cooling ponds that meets the criteria contained in Section 402 of the Clean Water Act) are not waters of the United States.

(2) "Negative declaration" means any document which may be filed by a facility that it is not subject to either section 3750.07 or 3750.08 of the Revised Code and certifying that the facility has no hazardous chemicals at or above the threshold planning quantity.

(O)

(1) "Ohio EPA" means the Ohio environmental protection agency.

(2) "Oil" means oil of any kind or in any form including, without limitation, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.

(3) "Oil and gas extraction storage facility" means a facility that exclusively stores crude oil or liquid hydrocarbons or other fluids resulting, obtained, or produced in connection with the production of storage of crude oil or natural gas; receives the crude oil liquid hydrocarbon or other stored fluids by direct conveyance through piping or tubing; is located on the same site as, or on a site adjacent to, the well from which the crude oil, liquid hydrocarbons, or other fluids are produced or obtained; and is used for the storage of the crude oil, liquid hydrocarbons, or other fluids prior to their transportation off the premises of the facility for sale, use or disposal.

(4) "OSHA" means the occupational safety and health administration created by the Occupational Safety and Health Act of 1970.

(5) "Owner or operator" means the person who actually owns or operates any such facility and any other person who controls, is controlled by, or is under common control with the person who actually owns or operates the facility.

(P) "Person" means the state, any political subdivision, any other state or local body, the United States and any agency or instrumentality thereof, and any person as defined in section 1.59 of the Revised Code.

(Q) [Reserved.]

(R)

(1) "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of into the environment including, without limitation: The abandonment or discarding of barrels, containers, and other closed receptacles that contained any oil, hazardous chemical, hazardous substance, or extremely hazardous substance. The term does not include any discharge, emission, injection, or disposal into the environment of any oil, hazardous chemical, hazardous substance, or extremely hazardous substance that is in compliance with Chapter 1509., 3704., 3734., or 6111. of the Revised Code, or rules adopted thereunder, the terms or conditions of a current and valid permit or license, or order, issued thereunder, or a plan approval made thereunder.

(2) "Reportable quantity (RQ)" means for any hazardous substance or extremely hazardous substance, the reportable quantity established in rule 3750-20-50 of the Administrative Code or rule 3750-20-30 of the Administrative Code.

(S)

(1) "Safety data sheet" or "SDS" means the sheet prepared in accordance with 29 CFR 1910.1200(g).

(2) "SARA" means the Superfund Amendments and Reauthorization Act of 1986.

(3) "Sheen" means an iridescent appearance on the surface of water.

(4) "Sludge" means an aggregate of oil or oil and other matter of any kind in any form other than dredged soil having a combined specific gravity equivalent to or greater than water.

(5) "State" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession over which the United States has jurisdiction and tribal lands.

(T)

(1) "Threshold planning quantity (TPQ)" means, for an-extremely hazardous substance listed in 40 CFR Part 355 Appendices A and B, the quantity listed in the columns (threshold planning quantity) for that substance.

(2) "Threshold quantity (TQ)" means the minimum level for a hazardous chemical after which a facility becomes subject to rules 3750-30-15 and 3750-30-20 of the Administrative Code with respect to such chemical.

(U) "USEPA" means the United States environmental protection agency.

(V) "Vessel" means every watercraft or other artificial contrivance used or capable of being used as a means of transportation on water.

(W) "Working days" include any day on which the state and federal government offices are open for normal business. Saturdays, Sundays, and official state and federal holidays are not working days; all other days are.

(X) [Reserved.]

(Y) [Reserved.]

(Z) [Reserved.]

(AA) Referenced materials. This chapter includes references to certain 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, or the particular edition or version of the material is included in this rule. For material subject to change, only the specific versions specified in this rule are referenced. Material is referenced as existed 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 referenced document is not applicable unless and until this rule has been amended to specify the new dates.

(1) Availability. The materials incorporated by reference are available as follows:

(a) Atomic Energy Act of 1954. Information and copies may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic form at http://www.nrc.gov/about-nrc/governing-laws.html. The act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(b) 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.

(c) Clean Air Act. 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/clean-air-act-text. A copy of the act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(d) Clean Water Act. Information and copies may be obtained by writing to: "Superintendents of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic form at https://www.govinfo.gov/content/pkg/USCODE-2015-title33/pdf/USCODE-2015-title33-chap26.pdf. The act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(e) Code of Federal Regulations. Information and copies may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is also available in electronic format at http://www.ecfr.gov/cgi-bin/ECFR?page=browse. The CFR compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(f) Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Information and copies may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic form at https://www.govinfo.gov/content/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap103.pdf. The act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(g) "Dunn & Bradstreet." Information may be obtained by contacting: "The D&B Corporation, 103 JFK Parkway, Short Hills, NJ 07078"; or by calling their customer service number at 1-800-234-3467 or by visiting the web site at http://www.dnb.com/us/.

(h) Emergency Planning and Community Right-to-Know Act of 1986. Information and copies may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic format at https://www.govinfo.gov/content/pkg/USCODE-2021-title42/pdf/USCODE-2021-title42-chap116.pdf. The act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(i) Hazardous Material Transportation Act. Information and copies may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic format at https://www.govinfo.gov/content/pkg/USCODE-2009-title49/pdf/USCODE-2009-title49-subtitleIII.pdf. The act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(j) "Emergency Planning and Community Right to Know Act (EPCRA) Facility Reporting Compliance Manual." Copies may be obtained by contacting the "State Emergency Response Commission (SERC), 50 W. Town Street, PO Box 1049, Columbus, Ohio 43216-1049." The document is also available at https://dam.assets.ohio.gov/image/upload/epa.ohio.gov/Portals/27/serc/SERC_Manual.pdf.

(k) "International Union of Pure and Applied Chemistry (IUPAC)." Information can be obtained by writing to: "IUPAC Secretariat, PO Box 13757, Research Triangle Park, NC, 27709-3757," or by visiting their web site at https://iupac.org/.

(l) "National Response Center." Information may be obtained by contacting: "National Response Center, c/o United States Coast Guard (G-OPF)-Room 2611, 2100 2nd Street, Southwest, Washington, DC 20593-8802"; or by calling 1-800-424-8802 or 202-267-2675 or by visiting the web site at http://www.nrc.uscg.mil/.

(m) "North American Industry Classification System." Information may be obtained by contacting: "The Census Bureau, Policy Office (Room 2430-FB-3), Washington, DC 20233-3700"; or by calling their customer service at 301-763-4636 or by visiting the web site at https://www.census.gov/naics/.

(n) Occupational Safety and Health Act of 1970. Information and copies may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic format at https://www.osha.gov/laws-regs/oshact/completeoshact/. The act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(o) "Ohio Hazardous Materials Exercise and Evaluation Manual" (OHM-EEM). Copies can be obtained by contacting the "State Emergency Response Commission (SERC), 50 W. Town Street, PO Box 1049, Columbus, Ohio 43216-1049." The document is also available electronically at: https://dam.assets.ohio.gov/image/upload/epa.ohio.gov/Portals/27/serc/OHM-EEM-2025.pdf.

(p) "Ohio Hazardous Materials Plan Development and Evaluation Document." Copies may be obtained by contacting the "State Emergency Response Commission (SERC), 50 W. Town Street, PO Box 1049, Columbus, Ohio 43216-1049." The document is also available at https://dam.assets.ohio.gov/image/upload/epa.ohio.gov/Portals/27/serc/Crosswalk.pdf.

(q) Resource Conservation and Recovery Act. 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 is also available in electronic format at https://www.govinfo.gov/content/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap82.pdf. A copy of the act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(r) Safe Drinking Water Act. 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 is also available in electronic format at: https://www.govinfo.gov/content/pkg/USCODE-2010-title42/pdf/USCODE-2010-title42-chap6A-subchapXII.pdf. A copy of the act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(s) "SERC Facility Annual Chemical Inventory Filing Fee Worksheet, EPA Form 0320." Copies can be obtained by contacting the "State Emergency Response Commission (SERC), 50 W. Town Street, PO Box 1049, Columbus, Ohio 43216-1049." The document is also available electronically at: https://dam.assets.ohio.gov/image/upload/epa.ohio.gov/Portals/27/serc/SERC_Filing_Fee.pdf.

(t) Specifications of the "American Society for Testing and Materials." Information and copies may be obtained by writing to: "ASTM International, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19426-2959." These documents are available for purchase at www.astm.org. ASTM documents are also generally available at local public libraries and "The State Library of Ohio."

(u) Specifications of the "National Fire Protection Association." Information and copies my be obtained by writing to: "NFPA (National Fire Protection Association), 1 Batterymarch Park, Quincy, MA 02169-7471." These documents are available for purchase at www.nfpa.org/. NFPA documents are also generally available at local public libraries and the " The State Library of Ohio."

(v) Standard Industrial Classification. Information may be obtained by contacting: "The Census Bureau, Policy Office (Room 2430-FB-3), Washington, DC 20233-3700"; or by calling their customer service at 301-763-4636 or by visiting the web site at https://www.census.gov/naics/.

(w) "Substantiation To Accompany Claims of Trade Secrecy Under the Emergency Planning and Community Right-To-Know Act of 1986." Information and copies may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The form is also available in electronic format at: https://www.epa.gov/system/files/documents/2024-11/substantiation-to-accompany-claims-of-trade-secrecy-under-epcra.pdf. The form is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(x) Superfund Amendments and Reauthorization Act of 1986. Information and copies may be obtained by writing to: "Superintendent of Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic format at https://www.govinfo.gov/content/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap103.pdf. The act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(y) 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/. The USC compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(z) Uranium Mill Tailings Radiation Control Act of 1978. Information and copies may be obtained by writing to: "Superintendent of Documents," Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is also available in electronic form athttps://www.govinfo.gov/content/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap88.pdf. The act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(2) Incorporated materials.

(a) The following Code of Federal Regulations as published in the July 1, 2024 Code of Federal Regulations:

(i) 29 CFR 1910.119; "Process Safety Management of Highly Hazardous Chemicals."

(ii) 29 CFR 1910.120(q); "Hazardous Waste Operations and Emergency Response."

(iii) 29 CFR 1910.1200; "Hazard Communication."

(iv) 29 CFR 1910.1200(b); "Hazard Communication Standard."

(v) 29 CFR 1910.1200(c); "Hazard Communication Standard, Definitions."

(vi) 29 CFR 1910.1200(g); "Hazard Communication Standard."

(vii) 33 CFR Part 154, Subpart F; "Facilities Transfering Oil or Hazardous Materials in Bulk, Response Plans for Oil Facility."

(viii) 40 CFR 110.5; "Discharges of oil not determined "as may be harmful" pursuant to Section 311(b)(3) of the act."

(ix) 40 CFR 112.7(d); "General Requirements for Spill Prevention, Control, and Counter Response Plans."

(x) 40 CFR 112.20 to 112.21; "Facility Response Plans, Facility Response Training and Drills/Exercises."

(xi) 40 CFR 261.2; "Definition of Solid Waste."

(xii) 40 CFR 261.4(b); "Exclusions."

(xiii) 40 CFR 261.20 to 261.24; "Subpart C- Characteristics of Hazardous Waste."

(xiv) 40 CFR 261.24; "Toxicity Characteristic."

(xv) 40 CFR 279.53; "Standards for the Management of Used Oil."

(xvi) 40 CFR 350.25; "Disclosure in special circumstances."

(xvii) 40 CFR Part 68; "Chemical Accident Prevention Provisions."

(xviii) 40 CFR Part 122; "EPA Administered Permit Program: The National Pollutant Discharge Elimination System."

(xix) 40 CFR Part 264, Subpart D; "Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, Contingency Plan and Emergency Procedures."

(xx) 40 CFR Part 265, Subpart D; "Interim Status Standards for Owners and operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, Contingency Plan and Emergency Procedures."

(xxi) 40 CFR Part 302; "Designation, Reportable Quantities, and Notification."

(xxii) 40 CFR Part 350; "Trade Secrecy Claims For Emergency Planning And Community Right-To-Know Information: And Trade Secret Disclosures To Health Professionals."

(xxiii) 40 CFR Part 355; "Emergency Planning and Notification."

(xxiv) 40 CFR Part 355, Appendix A; "Emergency Planning and Notification, The List of Extremely Hazardous Substances and their Threshold Planning Quantities."

(xxv) 40 CFR, Part 355, Appendix B; "Emergency Planning and Notification, The List of Extremely Hazardous Substances and their Threshold Planning Quantities."

(xxvi) 40 CFR Part 370; "Hazardous Chemical Reporting: Community Right-To-Know."

(xxvii) 49 CFR Part 194; " Response Plans for Onshore Oil Pipelines."

(b) The following United States Code, as published in the December 3, 2024, edition of the United States Code:

(i) 29 USC 651 to 678; "Occupational Safety and Health."

(ii) 33 USC Section 1251 to 1387; " Water Pollution Prevention and Control."

(iii) 42 USC Section, Chapter 6A, subchapter XII; "Safety of Public Water Systems."

(iv) 42 USC Section 6901 to 6992K; "Solid Waste Disposal."

(v) 42 USC 9601 to 9675; "Superfund Amendments and Authorization Act of 1986."

(vi) 42 USC 11001 to 11050; "Emergency Planning and Community Right-to-Know Act."

(vii) 42 USC 11022; "Emergency and Hazardous Chemical Inventory Forms."

(viii) 49 USC Section 5112; "Highway Routing of Hazardous Materials."

(ix) Section 101(10) of CERCLA; contained in 42 USC 9601; "Notification Requirements Respecting Released Substances."

(x) Section 102(a)(1) of the Uranium Mill Tailings Radiation Control Act of 1978; contained in 42 USC 7912; "Processing Site Designations."

(xi) Section 103(a) of CERCLA; contained in 42 USC 9603; "Notice to National Response Center Upon Release From Vessel or Offshore or Onshore Facility by Person in Charge; Conveyance of Notice by Center."

(xii) Section 103(e) of CERCLA; contained in 42 USC 9603; "Notification Requirements Respecting Released Substances, Applicability to Registered Pesticide Product."

(xiii) Section 104 of CERCLA; contained in 42 USC 9604; "Response Authorities."

(xiv) Section 170 of the Atomic Energy Act of 1954: as contained in 42 USC 2210, "Indemnification and Limitations of Liability."

(xv) Section 302 of the Emergency Planning and Community Right-to-Know Act of 1986; contained in 42 USC 11002; "Substance Facilities Covered and Notification.".

(xvi) Section 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978; contained in 42 USC 7942; "Designation by Secretary as Processing Sites for Subchapter I Purposes."

(xvii) Section 312 of the Emergency Planning and Community Right-to-Know Act; contained in 42 USC 11022; "Emergency and Hazardous Chemical Inventory Forms"; as published in the 2018 edition of the United States Code.

(xviii) Section 313 of the Emergency Planning and Community Right-to-Know Act; contained in 40 CFR Part 372; "Toxic Chemical Release Reporting: Community Right-to-Know."

(xix) Section 322 of the Emergency Planning and Community Right-to-Know Act; contained in 42 USC 11042; "Trade Secrets."

(xx) Section 402 of the Clean Water Act; contained in 33 USC 1342; "National Pollutant Discharge Elimination System."

(xxi) Section 11049 of the Emergency Planning and Community Right-to-Know Act of 1986; "Definitions."

(i) ASTM E136-24; "Standard Test Method for Assessing Combustibility of Materials Using a Vertical Tube Furnace at 750℃"; approved January 15, 1993; reapproved 2000; amended January 15, 2011, amended August 14, 2024.

(ii) "Emergency Planning and Community Right to Know Act (EPCRA) Facility Reporting Compliance Manual"; effective January 2025.

(iii) NFPA 101, Section 7, "The Life Safety Code"; approved January 17, 2003; effective date February 6, 2003, amended 2024.

(iv) NFPA 414, "Standard for Aircraft Rescue and Fire-Fighting Vehicles"; approved July 13, 2001; effective date August 2, 2001, amended in 2020.

(v) "Ohio Hazardous Materials Exercise Evaluation Manual" (OHM-EEM); revised 2020.

(vi) "Ohio Hazardous Materials Plan Development and Evaluation Document"; revised August 2023.

(vii) "SERC Facility Annual Chemical Inventory Filing Fee Worksheet, EPA Form 0320;" revised September 2019.

(viii) "Substantiation To Accompany Claims of Trade Secrecy Under the Emergency Planning and Community Right-To-Know Act of 1986."; approved July 1988; expires June 30, 2026.

Last updated April 1, 2026 at 9:11 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-30-20

(A) Each owner or operator of a facility that is subject to rule 3750-30-01 of the Administrative Code shall annually prepare a facility emergency and hazardous chemical inventory report containing the information as defined in paragraphs (B) to (D) of this rule using either forms prescribed by the commission or via electronic submission as prescribed by the commission. The owner or operator of a facility subject to this rule shall annually submit this report on or before March first of each year to each of the following:

(1) The local emergency planning committee of the emergency planning district in which the facility is located.

(2) The commission.

(3) The fire department having jurisdiction over the facility.

[Comment: Ohio's commission has adopted a resolution requesting the submission of tier II information on Ohio's approved forms. In addition to the requirements in paragraph (A) of this rule, each owner or operator shall submit an annual inventory filing fee and facility annual chemical inventory fee worksheet (EPA 0320) as prescribed in rule 3750-50-01 of the Administrative Code to the commission.]

(B) An owner or operator of a facility that is subject to rule 3750-30-01 of the Administrative Code shall submit facility identification information that includes, but is not limited to, the following:

(1) The calendar year of the reporting period.

(2) An indication whether the information being reported on page one of the form is identical to that submitted last year.

(3) The complete name and address of the location of the facility, including the full street address or state road, city, county, state, zip code, and latitude and longitude.

(4) An indication if the location of the facility is manned or unmanned.

(5) An estimate of the maximum number of occupants present at any one time. If the location of the facility is unmanned, check the box marked N/A, not applicable.

(6) The phone number of the facility (optional).

(7) The "North American Industry Classification System (NAICS)" code for the facility.

(8) The "Dun & Bradstreet" number of the facility.

(9) Facility identification numbers assigned under the "Toxic Release Inventory (TRI)" and risk management program. If the facility has not been assigned an identification number under these programs or if the facility is not subject to reporting under these programs, check the box marked N/A, not applicable.

(10) An indication if the facility is subject to the emergency planning notification requirement under section 3750.05 of the Revised Code.

(11) An indication whether the facility is subject to the chemical accident prevention requirements under section 112(r) of the Clean Air Act (CAA), codified in 40 CFR part 68, chemical accident prevention provisions, also known as the risk management program.

(12) The name, mailing address, phone number, and email address of the owner or operator of the facility.

(13) The name, title, phone number, twenty four-hour phone number, and email address of the facility emergency coordinator, if applicable.

(14) The name, title, phone number, and email address of the person to contact regarding information contained in the tier II form.

(15) The name, title, phone number, and email address of at least one local individual that can act as a referral if emergency responders need assistance in responding to a chemical accident at the facility. An emergency phone number which will be available twenty four hours a day, every day shall also be provided.

(16) A certification signed by owner or operator or an officially designated representative who certifies that the information submitted on this document has been personally examined and that the representative is familiar with the information submitted on this document and based upon inquiry of those individuals responsible for obtaining the information, it is believed that the submitted information is true, accurate, and complete as follows: "I certify, under penalty of law, that I have personally examined and am familiar with the information, and based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete." This certification shall be accompanied by the full name, official title, and signature of the owner, operator, or officially designated representative, the date signed, and the total number of pages in the submission. All other pages shall also contain the signature or signature stamp, the date the certification was signed, and the total number of pages in the submission.

(C) In addition to the above listed information in paragraph (B) of this rule, an owner or operator is requested to submit the following additional information applicable to the facility:

(1) The name, mailing address, phone number, "Dun & Bradstreet" number, and e-mail of the facility's parent company.

(2) Any Ohio EPA identification number assigned to a facility, as may be required pursuant to the "Resource Conservation and Recovery Act" (RCRA), contained in 42 USC Section 6901 to 6992K.

(3) Any permit held by a facility under the "National Pollution Discharge Elimination System" (NPDES) issued pursuant to state or federal authority under the "Clean Water Act" contained in 33 USC Section 1251 to 1387 and Chapter 6111. of the Revised Code.

(4) Any state wastewater facility permit number designated to the facility pursuant to Chapter 6111. of the Revised Code.

(5) Any pretreatment identification number designated to the facility pursuant to Chapter 6111. of the Revised Code.

(6) Any air permit facility number designated to the facility pursuant to Chapter 3704. of the Revised Code.

(D) In addition to the information in paragraphs (B) and (C) of this rule, an owner or operator shall submit the following information as applicable to the facility:

(1) An indication whether the information being reported is identical to that submitted last year.

(2) For each hazardous chemical required to be reported, the following:

(a) Pure chemical: Provide the chemical name (or the common name of the chemical) as provided on the "Safety Data Sheet" and provide the "Chemical Abstract Service (CAS)" registry number of the chemical provided on the SDS.

(b) Indicate whether the chemical is a solid, liquid, or gas; and whether the chemical is an EHS.

(c) Mixture: If reporting a mixture, enter the mixture name, product name or trade name as provided on the SDS and provide the CAS registry number of the mixture provided on the SDS. If there is no CAS number provided or it is not known, check the box "Not Available."

(d) If the mixture being reported contains an EHS, provide the name of each EHS in the mixture. The owner or operator also has an option to report the non-EHS hazardous components in the mixture.

(e) Pure chemical or mixture: Indicate which hazard categories apply to the chemical or the mixture. The two hazard categories are established in rule 3750-30-25 of the Administrative Code.

(f) Provide an estimate, in ranges, of the maximum amount of the hazardous chemical present at the facility on any single day during the preceding calendar year. If you are reporting a mixture, provide an estimate of the total amount of the mixture present at the facility on any single day during the preceding calendar year. If the mixture contains any EHS, provide the total amount of each EHS in that mixture. The range value codes as listed in the rule or in actual pounds rounded up to two significant figures shall be used.

(g) Provide an estimate, in ranges, of the average daily amount of the hazardous chemical present at the facility during the preceding calendar year. If reporting a mixture, provide an estimate of the average daily amount of the mixture. The range value codes as listed in this rule or in actual pounds rounded up to two significant figures shall be used.

(h) Provide the maximum number of days that the hazardous chemical or mixture was present at the facility during the preceding calendar year.

(i) Provide the type of storage for the hazardous chemical or the mixture containing the hazardous chemical at the facility. Examples for types of storage: above-ground tank, plastic or non-metallic drum, steel drum, cylinder, or rail car.

(j) Provide the storage conditions for the hazardous chemical or the mixture containing the hazardous chemical at the facility. Examples for types of storage conditions: ambient pressure, ambient temperature, less than ambient temperature/pressure, or cryogenic conditions.

(k) Provide a brief description of the precise location of the hazardous chemical or the mixture at your facility.

(3) The estimated amount shall be reported either in actual pounds rounded up to two significant figures or in appropriate reporting ranges as follows:

Reporting ranges:

| Range Value | Weight Range in Pounds From ..... | Weight Range in Pounds To ..... | | --- | --- | --- | | 01 | 0 | 99 | | 02 | 100 | 499 | | 03 | 500 | 999 | | 04 | 1,000 | 4,999 | | 05 | 5,000 | 9,999 | | 06 | 10,000 | 24,999 | | 07 | 25,000 | 49,999 | | 08 | 50,000 | 74,999 | | 09 | 75,000 | 99,999 | | 10 | 100,000 | 499,999 | | 11 | 500,000 | 999,999 | | 12 | 1,000,000 | 9,999,999 | | 13 | 10,000,000 | Greater than 10 million |

(4) The general location of each hazardous chemical present at the facility.

(a) An owner or operator shall submit a map indicating the following:

(i) Fixed and stationary items.

(ii) The storage locations of those hazardous chemicals present at the facility in quantities equal to or greater than the threshold quantity established under rule 3750-30-27 of the Administrative Code or those EHSs present at the facility equal to or exceeding the threshold planning quantities established under rules 3750-30-27 and 3750-20-30 of the Administrative Code as reported on the annual inventory form.

(b) A map shall identify the facility buildings located at the site or on contiguous properties, including the following:

(i) Buildings.

(ii) Building openings.

(iii) Building rooms including location.

(iv) Building floors.

(v) Only those buildings or rooms used for chemical storage shall be identified.

(vi) If a room or building is used as a warehouse, the map shall identify such area by labeling the room as a "warehouse."

(vii) For purposes of this rule, "warehouse" means any area where chemicals are moved frequently to accommodate storage incidental to shipping.

(i) Drive though gates.

(ii) Bordering streets.

(iii) Access roads.

(iv) Surrounding land uses.

(v) Waterways.

(d) A map shall identify the location of any storage structures or areas including the following:

(i) Inside storage tanks.

(ii) Outside storage tanks.

(iii) Inside storage areas.

(iv) Outside storage areas.

For purposes of this rule, "tank" means a totally enclosed container.

(e) A map shall identify portable containers stored in a single large area as other storage.

For purposes of this rule, "portable container" means any container which is not stored in a permanent place.

(f) A map shall indicate compass direction and scale representations.

(g) A map shall include the facility's name and address.

(h) The information required in paragraphs (B) to (D) of this rule shall be submitted to the commission, committee, and fire department having jurisdiction over the facility unless otherwise negotiated and agreed to by the committee or the fire department. The negotiated information shall be approved by the committee or fire department and provided in a letter indicating approval to the commission, attached to the map.

(5) Storage location trade secret claims. An owner or operator of a facility may indicate that the storage location of any hazardous chemical present at a facility as reported on a Tier II inventory form or electronic submission and a map shall not be disclosed to any person who is not an officer or employee of the state or political subdivision acting in an official capacity.

(6) Chemical information trade secret claims. An owner or operator may choose to withhold information about any hazardous chemical present at the facility from disclosure as a trade secret. If so, the owner or operator shall indicate whether a claim has been filed with the administrator of the United States environmental protection agency for protection of that information as a trade secret pursuant to the rules adopted under division (B)(2)(d) of section 3750.02 of the Revised Code or has filed a claim with the commission pursuant to rules adopted under section 3750.09 of the Revised Code.

(7) A certification signed by the owner or operator or an officially designated representative, which certifies that the information has been personally examined and that such owner, operator, or representative is familiar with this document and attached map, and that based on an inquiry of those individuals responsible for obtaining the information, it is believed that the submitted information is true, accurate, and complete.

(E) The committee and fire department having jurisdiction over a facility may, after assessing the information obtained from an owner or operator's previous Tier II chemical inventoryreport, may request any other information otherwise agreeable to the committee and fire department and the owner or operator of the facility. The confidential business information and trade secret provisions under Chapter 3750. of the Revised Code are applicable to the information submitted pursuant to this paragraph.

(1) The committee and fire department having jurisdiction over a facility shall determine the scope of information to be submitted pursuant to this paragraph by evaluating the information on the basis of the following factors:

(a) The information reported shall aid to reduce the extraordinary risk injury to public health and safety or to the environment.

(b) The information reported shall aid to reduce the extraordinary risk to injury to responding emergency management personnel in the event of a release of hazardous substances from the facility considering the following:

(i) The specific characteristics and degree and nature of the hazards posed by the release of the hazardous substances.

(ii) The proximity of the facility to a residential area, or area with significantly large numbers of people are employed or otherwise congregate; and to environmental resources that are subject to injury.

(iii) The quantities of EHSs and hazardous chemicals that are routinely present at the facility.

(iv) The frequency in which the EHSs and hazardous chemicals are present at the facility.

(2) An owner or operator subject to this rule shall continue to annually prepare and submit an inventory form or electronic submission as required under paragraphs (B) to (D) of this rule in addition to the information as agreed upon under paragraph (E) of this rule.

(3) A committee and fire department acquiring additional information pursuant to paragraph (E) of this rule shall notify the commission of such an agreement.

(F) An owner or operator of a facility subject to rule 3750-30-01 of the Administrative Code may submit chemical inventory information on forms prescribed by the administrator of the USEPA under EPCRA section 312 (federal form), or on a state form adopted by the commission or on commission-approved software to collect information required by paragraphs (B) to (D) of this rule.

(G) No owner or operator of a facility where any hazardous chemical is stored in an amount that exceeds the threshold quantity established in rule 3750-30-27 of the Administrative Code shall fail to submit one of the following:

(1) A state inventory form containing tier II information as prescribed in paragraphs (B) to (D) of this rule.

(2) A federal inventory form containing tier II information.

(3) Commission approved electronic tier II reporting software.

(H) An owner or operator of a facility who has previously submitted an inventory form pursuant to this rule, in the event there are no changes to the reported information including any facility map submitted and there are no changes to the commission-approved reporting form that would result in the submission of additional information, may send, in lieu of the reports otherwise required under this rule, only the facility information prescribed in paragraphs (B) and (C) of this rule with a marked "no change (from last year's)" to the commission, committee, and fire department having jurisdiction over the facility. An owner or operator shall submit a new inventory form and facility map every three years even if no changes have occurred at the facility.

(I) The owner or operator of the facility under paragraph (H) of this rule shall submit an annual inventory filing fee and worksheet form prescribed in rule 3750-50-01 of the Administrative Code to the commission.

Last updated April 1, 2026 at 7:56 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-50-01

(A) Except as provided in paragraph (C), (D), or (E) of this rule, an owner or operator of a facility subject to rule 3750-30-01 of the Administrative Code shall pay to the Commission an annual inventory filing base fee for the preceding calendar year of one hundred fifty dollars to be submitted on or before the first day of March of each year with the inventory forms prescribed in rule 3750-30-20 of the Administrative Code and facility identification form prescribed in rule 3750-30-20 of the Administrative Code, unless the owner or operator meets the requirements of paragraph (D) or (E) of this rule.

[Comment: The commission provides instructions for fee submission in the "Emergency Planning and Community Right to Know Act (EPCRA) Facility Reporting Compliance Manual."

(1) An owner or operator of a facility subject to inventory reporting which has present hazardous chemicals in an amount equal to or above the threshold quantity, shall pay an additional annual inventory filing fee of twenty dollars per hazardous chemical for each hazardous chemical.

(2) An owner or operator of a facility subject to inventory reporting shall pay an additional annual inventory filing fee of one hundred fifty dollars for each EHS reported on the inventory form.

The fee established in paragraph (A)(1) of this rule does not apply if the hazardous chemical reported on the inventory form is also an EHS to which only the additional inventory filing fee of one hundred fifty dollars as set forth in this paragraph applies.

(3) The annual inventory filing fee submitted for a single reporting facility shall not exceed twenty-five hundred dollars except as noted for oil and gas extraction facilities under paragraphs (D) and (E) of this rule.

(B) An owner or operator of a facility, who is subject to this rule and who fails to submit the annual inventory filing fee by March thirty-first of each year shall pay to the commission a late fee of ten per cent per annum of the total fees in addition to those fees payable under paragraph (A)(1), (A)(2), (D), or (E) of this rule.

(C) An owner or operator of a facility, who, during the preceding year, was required to pay a fee to a municipal corporation pursuant to an ordinance, rule, or requirement that was in effect on or before December 14, 1988, for reporting or providing of the names or amounts of EHSs or hazardous chemicals stored at the facility, may claim a credit against the fees due under paragraph (A)(1), (A)(2), (D), or (E) of this rule for fees paid to the municipal corporation pursuant to the reporting requirements. The amount of credit claimed in any reporting year shall not exceed the amounts due under paragraph (A)(1), (A)(2), (B), or (E) of this rule during that reporting year. No unused portion of the credit shall be carried over to subsequent reporting years. In order to claim a credit under this paragraph, the owner or operator shall submit with the inventory form such information as required by the commission such as a copy of the receipt issued by the municipal corporation or other documentation acceptable to the commission which indicates the amount of fee paid, the date on which the fee was paid, and that the purpose was to fulfill a hazardous chemical inventory filing requirement.

(D) An owner or operator who is required to submit an inventory form for not more than twenty-five oil and gas extraction storage facilities as defined in paragraph (O)(3) of rule 3750-1-01 of the Administrative Code shall submit a flat filing fee of fifty dollars in lieu of any fee required in paragraphs (A)(1) and (A)(2) of this rule.

(E) An owner or operator who is required to submit an inventory form for more than twenty-five oil and gas extraction storage facilities shall pay to the commission a base filing fee of fifty dollars and an additional fee of ten dollars for each oil and gas extraction storage facility in excess of twenty-five reported on the inventory form up to a total fee of nine hundred dollars in lieu of the fees required in paragraphs (A)(1) and (A)(2) of this rule.

(F) An agricultural producer who is not required to submit hazardous chemical information under rule 3750-30-01 of the Administrative Code with respect to the producer's agricultural activities is exempt from any filing fee imposed by this rule.

(G) A transportation-related facility not required to submit hazardous chemical information under rule 3750-30-01 of the Administrative Code is exempt from any filing fees imposed by this rule.

(H) [Reserved.]

(I) An owner or operator required to pay the commission an annual chemical inventory filing fee pursuant to this rule shall calculate and determine the annual chemical inventory filing fee due for that reporting year on the "facility Annual chemical Inventory Filing Fee worksheet" adopted by the commission. The owner or operator is required to submit the annual chemical inventory fees to the commission in a check or money order made payable to the "Treasurer, State of Ohio" as established in rule 3750-50-03 of the Administrative Code, attached to the filing fee worksheet.

(J) An owner or operator of more than one facility required to pay the commission an annual chemical inventory filing fee may do so by submitting a single check or money order to the commission along with a "Facility Summary List" containing such information as may be required by the commission. This form may require the name of each facility, street address or latitude and longitude coordinates, city or township, county, number of chemicals subject to reporting, base fee, additional fee, late filing fee, local credit, and total annual chemical inventory fee as to be applied to each facility for which the payment is to apply.

Last updated April 1, 2026 at 10:18 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-20-30

(A) EHSs and the EHSs' applicable threshold planning quantities and reportable quantities are those substances and quantities listed by the administrator of USEPA under 40 CFR Part 355, Appendices A and B.

(B) EHSs and the EHSs' applicable threshold planning quantities and reportable quantities are those substances and quantities listed by the commission pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code.

Last updated April 1, 2026 at 9:14 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-20-60

(A) The commission, pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code, may identify EHSs in addition to those listed in paragraph (A) of rule 3750-20-30 of the Administrative Code, establish the threshold planning quantities and reportable quantities for the additional EHS, and list such substances in paragraph (B) of rule 3750-20-30 of the Administrative Code.

(B) The commission, pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code, may identify hazardous chemicals in addition to those meeting the criteria of rule 3750-30-25 of the Administrative Code, establish threshold quantities and categories of health or physical hazards for the additional hazardous chemicals, and list such chemicals in paragraph (B) of rule 3750-30-25 of the Administrative Code.

(C) The commission, pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code, may identify hazardous substances in addition to those listed in rule 3750-20-50 of the Administrative Code, establish reportable quantities for the additional hazardous substances, and list such substances in paragraph (B) of rule 3750-20-50 of the Administrative Code.

Last updated April 1, 2026 at 8:05 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-20-50

(A) Hazardous substances and their applicable reportable quantities are those substances and quantities listed by the administrator of USEPA under 40 CFR Part 302, Table 302.4

(B) Hazardous substances and their applicable reportable quantities are those substances and quantities listed by the commission pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code.

Last updated April 1, 2026 at 8:05 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-30-15

(A) Except as provided in paragraph (C) of this rule, an owner or operator of a facility subject to rule 3750-30-01 of the Administrative Code shall submit a list of any hazardous chemical present at the facility according to the minimum threshold quantity schedule established in paragraph (A) of rule 3750-30-27 of the Administrative Code within three months of first acquiring the regulated quantity of any hazardous chemical to the commission, the committee, and the fire department having jurisdiction over the facility.

(B) The list shall contain the following:

(1) A listing of the hazardous chemicals for which an SDS is required, grouped by hazard categories as defined in rule 3750-30-25 of the Administrative Code.

(2) The chemical name or common name of each hazardous chemical as provided on the SDS.

(3) Except for reporting of mixtures under paragraph (D) of rule 3750-30-27 of the Administrative Code, any hazardous component of each hazardous chemical as provided on the SDS.

(4) An indication as to whether the owner or operator has chosen to withhold the chemical identification from disclosure as trade secret pursuant to section 3750.09 of the Revised Code.

(C) The requirement for filing a list under this rule may be met by completing a facility identification form and the chemical identification and hazard category sections of the annual inventory report form.

(D) While Ohio's commission and committees prefer the submission of a list as outlined in paragraphs (B) and (C) of this rule, a facility at which no more than ten hazardous chemicals are stored in an amount that exceeds the minimum threshold quantity schedule established in paragraph (A) of rule 3750-30-27 of the Administrative Code, may submit copies of SDSs.

(E) Supplemental reporting by an owner or operator is required as follows:

(1) An owner or operator of a facility that has submitted an SDS under this rule shall provide a revised SDS to the commission, committee, and the fire department having jurisdiction over the facility within three months after discovery of significant new information concerning the hazardous chemical for which the SDS was submitted.

(2) After October 17, 1987, the owner or operator of a facility subject to this rule shall submit an SDS for a hazardous chemical pursuant to paragraph (C) of this rule or a list pursuant to paragraph (A) of this rule within three months after the owner or operator is first required to prepare or have available the SDS or after a hazardous chemical requiring an SDS becomes present in an amount exceeding the threshold quantity established in paragraph (A) of rule 3750-30-27 of the Administrative Code.

(F) The owner or operator of a facility that has not submitted the SDS for a hazardous chemical present at the facility shall submit the SDS for any such hazardous chemical to the commission or the committee of such request. The SDS shall be submitted within thirty days of the receipt of such request.

(G) The commission shall protect from disclosure trade secret information that is subject to protection under division (B)(2)(d) of section 3750.02 of the Revised Code and rules adopted by the commission under Chapter 3750-60 of the Administrative Code.

Last updated April 1, 2026 at 7:56 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-1-02 Purpose.

The purpose of Chapters 3750-1 to 3750-90 of the Administrative Code is to establish the commission and the committees and emergency districts to implement, administer and enforce, in conjunction with the USEPA, Ohio EPA and local fire departments, the federal Emergency Planning and Community Right-To-Know Act of 1986 in this state.

Last updated April 1, 2026 at 8:05 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Chapter 3750-10 Commission Management Rules

Ohio Adm.Code 3750-10-01 Establishment of state emergency response commission, executive committee and committees.

(A) The commission will be created pursuant to section 3750.02 of the Revised Code. The commissionconsists of members pursuant to division (A) of section 3750.02 of the Revised Code. The director of the environmental protection agency and the director of public safety or the director's designees serve as co-chairpersons of the commission.

(1) The initial appointments made by the governor to the commission provides five members with a term of two years and five members with a term of one year; thereafter terms of office of the appointed members of the commission are for two years with each term ending on the same day of the same month as did the preceding term. Each member holds office from the date of appointment until the end of the appointed term. A member continues in office subsequent to the expiration date of the term until a successor takes office or until a period of sixty days has elapsed, whichever occurs first. Members of the commission may be reappointed.

(2) Vacancies are filled in the same manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor was appointed holds office for the remainder of that term.

(3) The commission may at any time by a vote of two-thirds of all the members remove any appointed member of the commission for misfeasance, nonfeasance or malfeasance.

(4) Except for purposes of Chapters 102. and 2921. and sections 9.86 and 109.36 to 109.366 of the Revised Code, serving as appointed members of the commission does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from the offices or positions of employment.

(B) The commission establishes an executive committee consisting of members in accordance with division (B)(9) of section 3750.02 of the Revised Code. The commission delegates to the executive committee the performance of such of the commission's duties and powers under Chapter 3750. of the Revised Code as are required or authorized to be so delegated under division (B)(9) of section 3750.02 of the Revised Code. The directors of the environmental protection agency and public safety or the directors' designees serve as the co-chairs of the executive committee.

(C) Through resolution, the commission establishes such committees as the commission determines necessary or convenient from time to time to implement and administer Chapter 3750. of the Revised Code. The committees may include such standing and temporary committees as necessary. Any committee may be dissolved through the adoption of a resolution by the commission.

(1) The commission designates two co-chairpersons for each committee, one from a state agency, and one from the committee's membership who is also an appointee of the governor.

(2) Each committee may obtain input from noncommission personnel.

(3) The committees meets as necessary.

(4) A committee that has met since the last regular commission meeting reports in writing to the commission during the next regular commission meeting. The written reports of each committee may contain a summary of the committee's activities, rather than verbatim statements or transcript.

(5) A committee may propose resolutions for the entire commission to consider.

Last updated April 1, 2026 at 7:52 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-10-03 General management rules.

(A) The commission meets at least annually. Except as provided in section 121.22 of the Revised Code, or otherwise in the Revised Code, all meetings of the commission or any committees are open to the public. Meetings of the executive committee, when determining whether to issue an enforcement order or to request a civil action, civil penalty action, or criminal action to enforce Chapter 3750. of the Revised Code or an issue that meets a condition of paragraph (B) of this rule are ordinarily held in private unless there is a majority vote of the full membership of the commission or a majority vote of the executive committee in favor of a public meeting.

(B) The membership of the commission may hold an executive session only at a regular or special meeting of the commission for the sole purpose of considering matters enumerated in division (G) of section 121.22 of the Revised Code. If the executive committee is to determine matters enumerated under division (G) of section 121.22 of the Revised Code, the motion and vote to hold the session sets forth which one or more of the approved matters listed in that division are to be considered. Prior to holding an executive session at a regular or special meeting, the presiding co-chairperson of the commission states the commission is going to meet in executive session, the general purpose of the meeting, and the purpose for holding an executive session as delineated in division (G) of section 121.22 of the Revised Code. The commission may hear the following matters in executive session:

(1) The appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official, or the investigation of charges or complaints against a public employee, official, licensee, or regulated individual pursuant to division (G)(1) of section 121.22 of the Revised Code, unless the public employee, official licensee, or regulated individual requests a public hearing.

(2) To consider the purchase or sale of property as set forth in division (G)(2) of section 121.22 of the Revised Code.

(3) Conferences with an attorney for the commission concerning disputes involving the commission that are the subject of pending or imminent court action.

(4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment.

(5) Matters required to be kept confidential by federal law, or rules, or state statutes.

(C) The director of the Ohio EPA, and the director of public safety, or the authorized designees, are known as the co-chairpersons of the commission. The co-chairpersons are the chief executive officers of the commission and perform all duties commonly incidental to such position. One of the co-chairpersons presides at all meetings. The presiding chairperson of each regularly scheduled meeting of the commission will alternate. If the co-chairperson who is scheduled to preside at a regularly scheduled meeting of the commission will be unavailable to serve as the chairperson of the meeting, the scheduled presiding chairperson will notify the other co-chairperson to preside, as soon as possible but no later than twenty four hours in advance. If neither chairperson is available, then the designee of the agency scheduled to preside acts as the presiding chairperson. The secretary of the commission will attempt to notify the commission members as to which co-chairperson will be presiding.

(D) An executive committee is formed consisting of the members provided for in division (B)(9) of section 3750.02 of the Revised Code. If a quorum of the executive committee conducts a meeting, the executive committee thereafter advises the commission as a whole at any regular commission meeting, and propose resolutions for adoption to the commission as a whole, as necessary. The executive committee has any other powers as identified in paragraph (B) of rule 3750-10-01 of the Administrative Code.

(E) The commission, through the Ohio EPA, is responsible for recording the proceedings of the commission. The minutes of a regular or special meeting of the commission are promptly recorded and open to public inspection. The minutes of an executive session meeting need only include the general subject matter of the discussion at the executive session meeting. The minutes of all the meetings include the date, place, and time of the meeting. Minutes of regular and special meetings include a record of motions made at the meeting, a vote count on all motions raised at the meeting, and a summary of all business conducted at the meeting. Until such time as the commission has its own staff and office, the minutes are stored at the office of the Ohio EPA in Columbus in the custody of the Ohio EPA "Community Right-to-Know" program and will be available for inspection.

(F) The commission uses the Ohio EPA office of communications and outreach to disseminate public information regarding commission meetings. The Ohio EPA maintains a listing of meetings scheduled to be held by the commission and committees including the date, time, and place of all regular and special meetings. A member of the public may obtain advance notification of regular and special meetings of the commission beginning thirty days after submitting a written request to receive such notification to the Ohio EPA. The advance notification may include, but is not necessarily limited to, mailing the agenda of meetings.

(G) The commission, through the Ohio EPAgives at least seventy-two hours advance notice to the news media of all regularly scheduled meetings. This notice will be accomplished by the Ohio EPA issuing a press release including the date, time, place, agenda for the meeting, and the name of a commission contact person who has knowledge of the scheduled meeting.

(H) The commission, through the Ohio EPA, gives at least twenty-four hours advance notice of all special meetings to any member of the news media that has requested notification, except in the event of an emergency requiring immediate official action. In the event of an emergency, the commission, through the Ohio EPA, will immediately notify the news media that have requested notification upon the scheduling of the meeting. This notice includes the date, time, place, and purpose of the meetings.

(I) At the beginning of each meeting of the commission membership, a recitation of the public notice given of that meeting will made, and the presiding co-chairperson or designee will state that the meeting is open to the public.

(J) These internal rules may be supplemented by the commission through resolution adopted according to normal voting procedures.

Last updated April 3, 2026 at 2:33 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-10-05 Internal operating rules.

(A) In order for the commission membership to meet as a whole, a quorum of members must be present at the meeting. The commission conducts a roll call of membership to determine if a quorum is present prior to conducting any business at a meeting. A quorum consists of one-half of all presently appointed members plus one member. A statutorily authorized member of the commission or their designee must be present in person at a meeting open to the public to be considered present and vote at the meeting for purposes of determining whether a quorum exists. A quorum of the executive committee consists of one-half of the members plus one member.

(B) Any matters of business to be voted upon by the commission are in the form of a resolution or motion. Each resolution is submitted in writing to each member of the commission at least twenty-four hours prior to the meeting upon which said resolution is voted upon, unless a majority of the commission members present vote, in the form of an oral or written resolution, to waive the requirement of twenty-four hours prior written notice. A simple majority of the membership in attendance at any meeting must vote affirmatively for any resolution for it to be adopted by the commission. Except for the chairmen of the respective house and senate standing committees which are non voting members, and except when the member falls under paragraph (D) of this rule, each commission member, including the presiding chairperson, has one vote. Either the primary designee, or in the primary designee's absence, the alternate designee from a state member agency may vote. A commission member may vote for or against a resolution or may abstain.

Each resolution is adopted on a vote of the commission in public unless the commission is meeting in executive session in accordance with section 121.22 of the Revised Code. Resolutions are numbered consecutively. If a particular resolution is rejected, that resolution number is not to be assigned to another resolution. Each resolution states that the resolution was passed or rejected by a majority of the members and the resolution is signed by the co-chairpersons of the commission or the designees. A resolution may be modified by oral motion approved by a majority of the members at a meeting of the commission.

Each statutory head of each agency appointed as a member of the commission may designate a representative and an alternate representative, if desired. A statutory head of an agency may designate additional or substitute representatives in the form of a letter addressed to the co-chairpersons of the commission and signed by the statutory head of the agency.

(C) Minutes of each meeting and a record of all resolutions adopted or rejected by the commission are recorded in the commission's journal, which are stored in accordance with paragraph (E) of rule 3750-10-03 of the Administrative Code.

(D) An appointed member of the commission may also serve as a member of a local emergency planning committee of an emergency planning district, except that they shall not participate as a member of the commission in the appointment of members of the committee of which they are a member, in the review of the chemical emergency response and preparedness plan submitted by the committee of which they are a member, in any vote to approve a grant to their district, or in any vote of the commission on any motion or resolution pertaining specifically to their district or the committee on which they serve. A member of the commission who is also a member of a committee may vote on resolutions of the commission that apply uniformly to all committees and districts in the state and do not provide a grant or other pecuniary benefit to their district or the committee of which they are a member.

(E) A state agency member of the commission may serve on a committee in the district in which the member resides or works. A state agency member of the commission serving on a local emergency planning committee is not compensated by the local emergency planning committee.

Last updated April 1, 2026 at 8:05 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-10-07 Executive committee: issuance of orders: persons who may request enforcement order procedure.

(A) The executive committee of the commission, by majority vote of a quorum of at least four members, may issue an order to any person who has violated or is violating any provision of Chapter 3750. of the Revised Code or the rules adopted hereunder.

(B) The order will be in writing, set forth the section or rule violated and a description of the violation, and specify what action is required in order to abate the violation. An order issued under this rule shall be sent by certified mail, return receipt requested, or other type of mail accompanied by a receipt. Notice of the order is deemed effective when delivery is tendered at the last known address or the address currently on file with the commission, committee, or fire department for any facility owner or operator subject of the order.

(C) Any state agency represented on the commission, committee, fire department, or any other person who believes that any person has violated or is violating a provision of Chapter 3750. of the Revised Code or a rule adopted hereunder may request the executive committee to issue an order to such person under this rule.

(1) The request shall be in writing and be on a form prescribed by the executive committee.

(2) Upon receipt of a request for enforcement action under this rule from the state agencies represented on the commission, committee, fire department, or other person, the executive committee may request the commission or the director of environmental protection to investigate the alleged violation, and the executive committee may thereafter issue an order under this rule.

(D) A decision of the executive committee to request an investigation by the commission or director to issue an order under this rule is not an act or action appealable to the environmental board of review under section 3750.19 of the Revised Code.

Last updated April 1, 2026 at 7:52 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-10-08 Issuance of orders to facilities.

(A) Request for order from a local emergency planning committee.

(1) Any local emergency planning committee requesting the issuance of an order under division (A) of section 3750.05 of the Revised Code shall submit an application in writing to the emergency response commission. The local emergency planning committee shall include the following in the application:

(a) A certified copy of the resolution which is the subject of the application for the order.

(b) A signed statement from the local emergency planning committee stating the basis for requesting the order.

(c) Documents, sworn statements, or other materials which support and address the criteria set forth in paragraph (B) of this rule.

(2) Any application for an order that fails to provide sufficient information for the emergency response commission to make the findings in accordance with paragraph (B) of this rule are considered incomplete. A local emergency planning committee that submits an incomplete application will be notified in writing of the nature of the deficiencies. No action will be taken on an incomplete application, until the deficiencies have been addressed.

(B) Criteria for issuance of an order to a facility.

Before issuing an order, the commission shall find that, due to the size of the facility, the nature of the operations performed at the facility, or the proximity of the facility to a residential area or an area where significant numbers of people work or congregate, participation in the emergency planning process under sections 3750.04 and 3750.05 of the Revised Code is necessary or appropriate to protect the public health or safety or the environment.

(1) The emergency response commission votes to designate the emergency response commission's intent to issue an order, within one hundred twenty days of receiving the request, unless information is presented to the commission at the meeting which in the judgment of the commission requires additional review and evaluation. If the commission determines that the information presented at the meeting needs further evaluation, then the commission may approve a motion to delay a vote on intent to issue the order until the next regularly scheduled meeting.

(2) Following a vote which establishes that the commission intends to issue an order, the commission does the following:

(a) Mails written notice to the owner or operator of the facility by certified mail, return receipt requested, or any other type of mail accompanied by receipt, of the commission's intention to approve the request and to issue the order.

(b) Notifies the public, by the publication of notice in a newspaper of general circulation in the county where the facility is located, of the commission's intention to approve the request and to issue the order and that the public may submit written comments to the commission regarding approval of the request.

(3) At least forty-five days following the notification of the public and written notification of the owner or operator of the facility, the emergency response commission votes to issue an order, unless information is presented to the commission at the meeting which in the judgment of the commission requires additional review and evaluation. If the commission determines that the information presented at the meeting needs further evaluation, then the commission may approve a motion to delay a vote on the application for an order until the next regularly scheduled meeting.

(4) The commission issues an order when sixty per cent or more of the voting members of the commission vote to approve the order application.

Last updated April 1, 2026 at 7:52 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-10-09 Public testimony.

Any person who is not a member of the commission and wishes to appear before the commission at a regular or special meeting shall advise the presiding co-chairperson or designee before the meeting convenes, using a witness slip provided for that purpose. The witness slip shall indicate the person's name and address, group represented and the subject upon which the person desires to speak. The request may be granted, refused or otherwise acted upon at the discretion of the presiding co-chairperson or designee. No person shall speak more than once on the same subject, unless granted permission by the presiding co-chairperson or designee. No presentation under this rule shall be more than ten minutes unless permission is granted by the presiding co-chairperson or designee.

Last updated February 18, 2026 at 8:07 AM

History

Effective: September 1, 1998
Promulgated Under: Ch 119.

Chapter 3750-15 Procedural Rules

Ohio Adm.Code 3750-15-01 Applicability.

Rules 3750-15-01 to 3750-15-10 of the Administrative Code governs procedures conducted by the commission.

Last updated April 1, 2026 at 7:52 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-15-10

Each paragraph and each part of each paragraph of these rules is hereby declared to be an independent paragraph or part of a paragraph and notwithstanding any other evidence of intent, it is hereby declared to be the controlling intent that if any paragraph, or any provision thereof or the application thereof to any person or circumstances, is held to be invalid, the remaining paragraphs or parts of paragraphs and the application of such provisions to any other persons or circumstances, other than those as to which it is held invalid, are thereby not effective and it is hereby declared to be the intent that the other provisions of these rules would have been adopted independently of such paragraph, paragraphs, or parts of a paragraph so held to be invalid.

Last updated April 1, 2026 at 9:18 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-15-02 Construction of rules.

Rules adopted by the commission shall be construed liberally to accomplish the purpose of Chapter 3750. of the Revised Code and rules adopted thereunder.

Last updated February 18, 2026 at 8:07 AM

History

Effective: September 1, 1998
Promulgated Under: Ch 119.

Ohio Adm.Code 3750-15-05 Public notice of proposed rules.

(A) The commission follows the procedures specified in this rule and section 119.03 of the Revised Code in giving public notice as to the adoption, amendment, or rescission of rules.

(B) As used in this chapter and as defined in division (C) of section 119.01 of the Revised Code, "rule" means any rule, regulation, or standard, having a general or uniform operation, adopted or promulgated, and enforced by the commission.

(C) Public notice of the intention of the commission to consider adopting, amending, or rescinding a rule is published in the register of Ohio in accordance with the requirements in section 119.03 of the Revised Code at least thirty days prior to the date set for a public hearing to consider adopting, amending, or rescinding said rule. The said notice includes the following:

(1) A general statement of the commission's intention to consider adopting, amending, or rescinding the rule.

(2) A synopsis or general statement of the subject matter of the proposed rule amendment, or rule to be rescinded by the commission.

(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule.

(4) The date, time, and place of the public hearing on the proposed rule.

(D) Public notice of the adoption, amendment, or rescission by the commission of final rules is published in the register of Ohio in accordance with the requirements in section 119.03 of the Revised Code at least ten days prior to the effective date of said rule, except when the governor, pursuant to division (G) of section 119.03 of the Revised Code, declares an emergency allowing for the immediate adoption, amendment, or rescission of a rule. In such a case, the commission will, as expeditiously as is practical following the adoption, amendment, or rescission of an emergency rule, publish the public notice of such action in the register of Ohio.

(E) The commission provides notice to each committee through the designated information coordinator. The commission will take such additional steps as are reasonably determined to inform interested persons of the time, date, and place of the public hearing.

(F) Copies of the full text of the proposed rule, amendment, or rule to be rescinded will be available at least thirty days prior to the date set for a public hearing by the commission for any person who wishes to obtain such copies.

Last updated April 1, 2026 at 8:05 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Chapter 3750-20 Emergency Planning

Ohio Adm.Code 3750-20-01 Facilities subject to emergency planning requirements.

(A) A facility that meets either of the following criteria is subject to emergency planning requirements of section 3750.05 of the Revised Code:

(1) Which has an extremely hazardous substance present in an amount equal to or exceeding the threshold planning quantity as established under rule 3750-20-10 of the Administrative Code.

For purpose of this rule, an amount of any extremely hazardous substance means the total amount of an extremely hazardous substance present at the facility at any one time in concentrations greater than one per cent by weight, regardless of location, number of containers, or method of storage.

(2) Which has been designated as an additional facility pursuant to section 3750.05 of the Revised Code.

(B) For purposes of this rule nothing herein shall exclude or excludes an agricultural producer otherwise subject to the requirements of paragraph (A)(1) or (A)(2) of this rule.

History

Effective: January 2, 2007
Promulgated Under: 119.03

Ohio Adm.Code 3750-20-10

(A) If a container or storage vessel holds a mixture or solution of an extremely hazardous substance (EHS), then the concentration of the EHS, in weight per cent (greater than one per cent), shall be multiplied by the mass (in pounds) in the vessel to determine the actual quantity of the EHS therein.

(B) Extremely hazardous substances that are solids are subject to either of two threshold planning quantities as shown in or referenced by rule 3750-20-30 of the Administrative Code (e.g., five hundred/ten thousand pounds). The lower (five hundred pounds) threshold planning quantity applies only if the solid:

(1) Exists in powdered form and has a particle size of less than one hundred microns.

(2) Is handled in solution or in molten form.

(3) Meets the criteria for a national fire protection association (NFPA) rating of two, three, or four for reactivity.

[Comment: If the solid does not meet any of these criteria, the solid is subject to the upper (ten thousand pound) threshold planning quantity as shown in or referenced by rule 3750-20-30 of the Administrative Code.]

(C) For the three forms of solids that are listed in paragraphs (B)(1) to (B)(3) of this rule, the quantity of the EHS present is determined as follows:

(1) The threshold planning quanity for a solid that exists in a powdered form with a particulate size less than the one hundred micron level may be determined by multiplying the weight per cent of the solid with a particle size of less than one hundred microns in a particular container by the quantity of solid in the container.

(2) The threshold planning quantity for a solid in a solution may be determined by multiplying the weight per cent of non-reactive solid in the solution in a particular container by the total weight of solution in the container and then multiply by 0.2. This reduction in quantity may not be used to determine the amount present at any one-time at a facility for reporting compliance with hazardous chemical reporting requirements under federal 40 C.F.R. Part 370 and Chapter 3750-30 of the Administrative Code, "Hazardous Chemical Reporting."

(3) The threshold planning quantity for a solid in molten form may be determined by multiplying the weight of the non-reactive solid in molten form by 0.3.

(D) For purposes of this rule, "mixture" means a heterogeneous association of substances where the various individual substances retain their identities and can usually be separated by mechanical means. Includes solutions or compounds but does not include alloys or amalgams.

(E) For purposes of this rule, "non-reactive solid" means any substance listed in appendix A or B of 40 CFR Part 355- "Emergency Planning and Notification" with two threshold planning quantity values, the higher TPQ being ten thousand pounds.

(F) For purposes of this rule,"reactive solid" means any EHS denoted with "a" in the "notes" column in appendix A or B of 40 CFR Part 355-"Emergency Planning and Notification."

(G) For purposes of this rule,"solution" means any aqueous or organic solutions, slurries, viscous solutions, suspensions, emulsions, or pastes.

Last updated April 1, 2026 at 8:05 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-20-05 Emergency planning requirements of subject facilities.

(A) The owner or operator of a facility subject to rule 3750-20-01 of the Administrative Code shall designate a facility representative who will participate in the local emergency planning process as a facility emergency coordinator. The owner or operator shall notify the committee of the facility representative within thirty days after establishment of the committee or within sixty days of the facility first being subject to regulation under rule 3750-20-01 of the Administrative Code, whichever is later.

(B) The owner or operator of a facility subject to this rule shall inform the committee of any changes occurring at the facility which may be relevant to emergency planning.

(C) Upon request of the committee having jurisdiction over the facility, the owner or operator of a facility subject to this rule shall promptly provide to the committee any information necessary for development or implementation of the chemical emergency response and prepardness plan for the district.

History

Effective: January 2, 2007
Promulgated Under: 119.03

Ohio Adm.Code 3750-20-30

Last updated April 1, 2026 at 9:14 AM

History

Effective: April 1, 2026
Promulgated Under: 119.03

Ohio Adm.Code 3750-1-01