Current through all regulations passed and filed through September 16, 2024
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions reference in this rule, see paragraph (C) of rule
3745-104-01 of the
Administrative Code titled "Referenced materials."]
(A) An owner or operator of a stationary
source that has more than a threshold quantity of a regulated substance in a
process, as determined by rule
3745-104-02
of the Administrative Code, shall comply with the requirements of this rule no
later than the latest of the following dates:
(1) June 21, 1999.
(2) Three years after the date on which a
regulated substance is first listed under rule
3745-104-04 of
the Administrative Code.
(3) The date on which a regulated substance
is first present at the facility above a threshold quantity in a
process.
(B)
The owner or operator of a stationary source shall
comply with the following:
(1)
By March 14, 2018, the emergency response coordination
activites in paragraph (C) of rule
3745-104-36
of the Administrative Code.
(2)
Within three
years of when the owner or operator determines that the stationary source is
subject to the emergency response program requirements of rule
3745-104-37
of the Administrative Code, pursuant to paragraph (A) of rule
3745-104-36
of the Administrative Code, develop and implement an emergency response program
in accordance with rule
3745-104-37
of the Administrative Code.
(3)
By December 19,
2023, the emergency response provisions in paragraph (D) of rule
3745-104-37
of the Administrative Code.
(4)
Within ninety
days of any RMP reportable accident at the stationary source with known offsite
impacts specified in paragraph (A) of rule
3745-104-16
of the Administrative Code, that occurs after March 15, 2021, the public
meeting requirement of rule
3745-104-51
of the Administrating Code.
(5)
By December 19,
2024, rules
3745-104-38
and
3745-104-41
to
3745-104-49
of the Administrative Code and report the following:
(a)
A public meeting
after an RMP reportable accident in paragraph (B)(21) of rule
3745-104-42
of the Administrative Code.
(b)
Emergency
response program information in paragraph (A)(1) of rule
3745-104-47
of the Administrative Code.
(c)
Emergency
response program information in paragraphs (A)(2) and (A)(3) of rule
3745-104-47
of the Administrative Code.
(d)
Emergency
response program and exercises information in paragraph (D) of rule
3745-104-37
of the Administrative Code; including dates of the most recent notification,
field and tabletop exercises in the risk management plan, for exercises
completed as required in paragraph (D) of rule
3745-104-37
of the Administrative Code at the time the risk management plan is either
submitted in rule
3745-104-38
of the Administrative Code, or is updated in rule
3745-104-49
of the Administrative Code.
(C)
Program one eligibility requirements. A covered process is eligible for program
one requirements as provided in paragraph (B) of rule
3745-104-06
of the Administrative Code if it meets all of the following requirements:
(1) For the five years prior to the
submission of an RMP, the process has not had an accidental release of a
regulated substance where exposure to the substance, its reaction products,
overpressure generated by an explosion involving the substance, or radiant heat
generated by a fire involving the substance led to the following offsite:
(a) Death.
(b) Injury.
(c) Response or restoration activities for an
exposure of an environmental receptor.
(2) The distance to a toxic or flammable
endpoint for a worst-case release assessment conducted under rules
3745-104-08,
3745-104-09,
and
3745-104-10
of the Administrative Code is less than the distance to any public receptor, as
defined in paragraph (B)(33) of rule
3745-104-01 of the
Administrative Code; and
(3)
Emergency response procedures have been coordinated between the stationary
source and local emergency planning and response organizations.
(D) Program two
eligibility requirements. A covered process is subject to program two
requirements if
the process does not meet the eligibility requirements
of either paragraph (B) or (D) of this rule. A program two process shall comply
with rules
3745-104-17
to
3745-104-23
of the Administrative Code to meet the prevention program
requirements.
(E) Program three
eligibility requirements. A covered process is subject to program three if the
process does not meet the requirements of paragraph (B) of this rule, and if
either of the following conditions is met:
(1)
The process is in NAICS code 32211, 32411, 32511, 325181, 325188, 325192,
325199, 325211, 325311, or 32532; or
(2) The process is subject to the OSHA
Process Safety Management Standard,
29 CFR
1910.119 as adopted by reference in rule
4167-3-01
of the Administrative Code.
Processes classified as program three as defined by paragraphs
(D)(1) and (D)(2) of this rule shall comply with rules
3745-104-24
to
3745-104-35
of the Administrative Code to meet the prevention program requirements.
(F) If at any time a
covered process no longer meets the eligibility criteria of its program level,
the owner or operator shall comply with the requirements of the new program
level that applies to the process and update the RMP as provided in rule
3745-104-49
of the Administrative Code.
