Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-104 - Accidental Release Prevention Program
Section 3745-104-37 - Emergency response program and exercises
Universal Citation: OH Admin Code 3745-104-37
Current through all regulations passed and filed through September 16, 2024
(A) The owner or operator shall develop and implement an emergency response program for the purpose of protecting public health and the environmentand include the following elements:
(1) An emergency response plan, which shall
be maintained at the stationary source and contain at least the following
elements:
(a) Procedures for informing the
public and local emergency response agencies about accidental releases.
(b) Documentation of proper first-aid and
emergency medical treatment necessary to treat accidental human
exposures.
(c)
Procedures and measures for emergency response after an accidental release of a
regulated substance.
(2) Procedures for the use of emergency
response equipment and for its inspection, testing, and maintenance
(3)
Training for all employees in relevant procedures.
(4)
A schedule
for reviewing and updating the plan as appropriate based on changes at the
stationary source or new information obtained from coordination activities,
emergency response exercises, incident investigations, or other available
information, and ensure that employees are informed of changes.
(B) A written plan that complies with other federal contingency plan regulations or is consistent with the approach in the national response team's "Integrated Contingency Plan Guidance" ("One Plan") and that, among other matters, includes the elements provided in paragraph (A) of this rule, shall satisfy the requirements of this section if the owner or operator also complies with paragraph (C) of this rule.
(C) The emergency response plan developed under paragraph (A)(1) of this rule shall be coordinated with the community emergency response plan developed under section 3750.05 of the Revised Code or rules adopted thereunder. Upon request of the LEPC or emergency response officials, the owner or operator shall promptly provide to the local emergency response officials information necessary for developing and implementing the community emergency response plan.
(D) Emergency response exercises.
(1)
Notification
exercises. The owner or operator of a stationary source with any program two or
program three processes shall conduct an exercise of the stationary source's
emergency response notification mechanism required under paragraph (A) of this
rule, as appropriate, before December 19, 2024 and annually thereafter. Owners
or operators of responding stationary sources may perform the notification
exercise as part of the tabletop and field exercises required in paragraph
(D)(2) of this rule and maintain a written record of each notification exercise
conducted over the last five years.
(2)
Emergency
response exercise program. The owner or operator of a stationary source subject
to the requirements of this rule shall develop, and implement an exercise
program for the emergency response program, including the plan under paragraph
(A)(1) of this rule and involve facility emergency response personnel and, as
appropriate, emergency response contractors. When planning emergency response
field and tabletop exercises, the owner or operator shall coordinate with local
public emergency response officials and invite the officials to participate in
the exercise that includes the following:
(a)
Emergency
response field exercises involving the simulated accidental release of a
regulated substances (such as toxic substance releases or release of a
regulated flammable substance involving a fire or explosion).
(i)
Frequency.
Consult with local emergency response officials required by rule
3745-104-36
of the Administrative Code to establish an appropriate frequency for field
exercises.
(ii)
Scope. Field exercises shall involve tests of the
source's emergency response plan, including the following: deployment of
emergency response personnel and equipment. Field exercises should include the
following:
(a)
Tests of procedures to notify the public and the appropriate
federal, state, and local emergency response agencies about an accidental
release.
(b)
Tests of procedures and measures for emergency response
actions including evacuations and medical treatment.
(c)
Tests of
communication systems.
(d)
Mobilization of facility emergency response personnel,
including contractors, as appropriate.
(e)
Coordination with
local emergency responders.
(f)
Emergency
response equipment deployment.
(g)
Any other action
identified in the emergency response program, as appropriate.
(b)
Tabletop exercises involving the simulated accidental
release of a regulated substance.
(i)
Frequency. As required under rule
3745-104-36
of the Administrative Code, the owner or operator shall coordinate with local
response officials to establish an appropriate frequency for tabletop exercises
and conduct a tabletop exercise before December 19, 2026 and at a minimum, of
at least once every three years thereafter.
(ii)
Scope. Tabletop
exercises shall involve discussions of the source's emergency response plan.
The exercise should also, as appropriate, include discussions of the
following:
(a)
Procedures to notify the public and appropriate Federal,
state, and local emergency response agencies.
(b)
Procedures and
measures for emergency response including evacuations and medical
treatment.
(c)
Identification of facility emergency response personnel
or contractors and their responsibilities.
(d)
Coordination with
local emergency responders.
(e)
Procedures for
emergency response equipment deployment.
(f)
Any other action
identified in the emergency response plan.
(c)
For
documentation, an evaluation report within ninety days of each field and
tabletop exercise including the following:
(i)
A description of
the exercise scenarios.
(ii)
Names and organizations of each
participant.
(iii)
An evaluation of the exercise results including lessons
learned.
(iv)
Recommendations for improvement or revisions to the
emergency response exercise program and emergency response
program.
(v)
A schedule to promptly address and resolve
recommendations.
(3)
Alternative means
of meeting exercise requirements. The owner or operator may satisfy the
requirement to conduct notification, field or tabletop exercises through:
(a)
Exercises
conducted to meet other Federal, state or local exercise requirements, provided
the exercise meets the requirements of paragraphs (D)(1) and (D)(2) of this
rule.
(b)
Response to an accidental release, provided the
response includes actions indicated in paragraphs (D)(1) and (D)(2) of this
rule and an after-action report is prepared by the owner or operator comparable
to the exercise evaluation report required in a paragraph (D)(2)(c) of this
rule, within ninety days of the incident.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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