Chapter 3745-104 Accidental Release Prevention Program

3745-104-01 Definitions.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the "Referenced Materials" paragraph at the end of this rule.]

(A) Except as otherwise provided in this rule, the definitions in rule 3745-15-01 of the Administrative Code shall apply to this chapter.

(B) As used in Chapter 3745-104 of the Administrative Code:

(1) "Accidental release" means an unanticipated emission of a regulated substance into the ambient air from a stationary source.

(2) "Administrative controls" means written procedural mechanisms used for hazard control.

(3) "AIChE/CCPS" means the American institute of chemical engineers/center for chemical process safety.

(4) "API" means the American petroleum institute.

(5) "Article" means a manufactured item, as defined under 29 CFR 1910.1200(b) , that is formed to a specific shape or design during manufacture, that has end use functions dependent in whole or in part upon the shape or design during end use, and that does not release or otherwise result in exposure to a regulated substance under normal conditions of processing and use.

(6) "ASME" means the American society of mechanical engineers.

(7) "CAS" means the chemical abstracts service.

(8) "Catastrophic release" means a major uncontrolled emission, fire, or explosion, involving one or more regulated substances that presents imminent and substantial endangerment to public health and the environment.

(9) "Clean Air Act Amendments" means the Clean Air Act Amendments of 1990 contained in 42 USC 7401 to 7671q, and regulations adopted under it.

(10) "Condensate" means hydrocarbon liquid separated from natural gas that condenses due to changes in temperature, pressure, or both, and remains liquid at standard conditions.

(11) "Covered process" means a process that has a regulated substance present in an amount that is in excess of the threshold quantity established in rule 3745-104-02 of the Administrative Code.

(12) "Crude oil" means any naturally occurring, unrefined petroleum liquid.

(13) "DOT" means the United States department of transportation.

(14) "Environmental receptor" means natural areas such as national or state parks, forests, or monuments; federally designated or state-designated wildlife sanctuaries, preserves, refuges, or areas; and federal wilderness areas, that could be exposed at any time to toxic concentrations, radiant heat, or overpressure greater than or equal to the endpoints prescribed in rule 3745-104-10 of the Administrative Code, as a result of an accidental release and that can be identified on United States geological survey maps.

(15) "Field gas" means gas extracted from a production well before the gas enters a natural gas processing plant.

(16) "Hot work" means work involving electric or gas welding, cutting, brazing, or similar flame or spark-producing operations.

(17) "Injury" means any effect on a human that requires medical treatment or hospitalization and that results from either:

(a) The direct exposure to toxic concentrations, radiant heat, or overpressures resulting from an accidental release; or

(b) The direct consequences of a vapor cloud explosion (such as flying glass, debris, and other projectiles) from an accidental release.

(18) "Major change" means introduction of a new process, process equipment, or regulated substance, an alteration of process chemistry that results in any change to safe operating limits, or other alteration that introduces a new hazard.

(19) "Mechanical integrity" means the process of ensuring that process equipment is fabricated from the proper materials of construction and is properly installed, maintained, and replaced to prevent failures and accidental releases.

(20) "Medical treatment" means treatment, other than first aid, administered by a physician or registered professional personnel under standing orders from a physician.

(21) "Mitigation" or "mitigation system" means specific activities, technologies, or equipment designed or deployed to capture or control substances upon loss of containment to minimize exposure of the public or the environment. Passive mitigation means equipment, devices, or technologies that function without human, mechanical, or other energy input. Active mitigation means equipment, devices, or technologies that need human, mechanical, or other energy input to function.

(22) "NAICS" means North American industry classification system.

(23) "Natural gas processing plant (gas plant)" means any processing site engaged in the extraction of natural gas liquids from field gas, fractionation of mixed natural gas liquids to natural gas products, or both, classified as North American industrial classification system (NAICS) code 211112 (previously standard industrial classification (SIC) code 1321).

(24) "NFPA" means the national fire protection association.

(25) "Offsite" means areas beyond the property boundary of the stationary source, and areas within the property boundary to which the public has routine and unrestricted access during or outside business hours.

(26) "OSHA" means the United States occupational safety and health administration.

(27) "Owner or operator" means any person who owns, leases, operates, controls, or supervises a stationary source.

(28) "Petroleum refining process unit" means a process unit used in an establishment primarily engaged in petroleum refining as defined in NAICS code 32411 for petroleum refining (formerly SIC code 2911) and used for the following: producing transportation fuels (such as gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene, fuel gas distillate, and fuel oils), or lubrications; separating petroleum, or separating, cracking, reacting, or reforming intermediate petroleum streams. Examples of such units include, but are not limited to, petroleum based solvent units, alkylation units, catalytic hydrotreating, catalytic hydrorefining, catalytic hydrocracking, catalytic reforming, catalytic cracking, crude distillation, lube oil process processing.

(29) "Population" means the public.

(30) "Process" means any activity involving a regulated substance, including any use, storage, manufacturing, handling, or on-site movement of the substance or any combination of these activities. Any group of vessels that are interconnected, or separate vessels that are located in such a manner that a regulated substance potentially could be involved in a release, shall be considered a single process.

(31) "Produced water" means water extracted from the earth from an oil or natural gas production well, or that is separated from oil or natural gas after extraction.

(32) "Public" means any person except employees or contractors at the stationary source.

(33) "Public receptor" means off-site residences, institutions such as schools or hospitals, industrial, commercial, and office building, parks, or recreational areas inhabited or occupied by the public at any time without restriction by the stationary source where members of the public could be exposed to toxic concentrations, radiant heat, or overpressure as a result of an accidental release.

(34) "Regulated substance" means a toxic or flammable substance listed in rule 3745-104-04 of the Administrative Code.

(35) "Replacement in kind" means a replacement that satisfies the design specifications.

(36) "Retail facility" means a stationary source at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program.

(37) "Risk management plan " or "RMP" means a risk management plan required in rule 3745-104-38 of the Administrative Code.

(38) "Stationary source" means any buildings, structures, equipment, installations, or substance-emitting stationary activities that belong to the same industrial group as described in the standard industrial classification manual, 1987, that are located on one or more contiguous properties under the control of the same person or persons (or persons under common control), and from which an accidental release may occur. Properties shall not be considered contiguous solely because of a railroad or pipeline right-of-way.

(a) "Stationary source" includes transportation containers that are used for storage not incident to transportation and transportation containers that are connected to equipment at a stationary source for loading and unloading. "Stationary source" does not include the transportation, including storage incident to transportation, of any regulated substance under this chapter. "Stationary source" does not include naturally occurring hydrocarbon reservoirs.

(b) "Transportation" includes, but is not limited to, transportation that is subject to oversight or regulation under 49 CFR Part 49 CFR192, 49 CFR193, or 49 CFR195, or to a state natural gas or hazardous liquid program for which the state has in effect a certification to the United States department of transportation under 49 USC 49 CFR60105.

(39) "Threshold quantity" means the quantity established for a regulated substance in rule 3745-104-02 of the Administrative Code that, if exceeded, subject an owner or operator to compliance with this chapter and rules adopted under it.

(40) "Vessel" means any reactor, tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose, or other container.

(41) "Worst-case release" means the release of the largest quantity of a regulated substance from a vessel or process line failure that results in the greatest distance to an endpoint defined in rule 3745-104-09 of the Administrative Code.

(C) Referenced materials. This chapter includes references to certain subject matter or materials. The text of the referenced materials is not included in the rules contained in this chapter. Information on the availability of the referenced materials as well as the date of, and/or the particular edition or version of the material is included in this rule. For materials subject to change, only the specific versions specified in this rule are referenced. Material is referenced as it exists on the effective date of this rule. Except for subsequent annual publication of existing (unmodified) Code of Federal Regulation compilations, any amendment or revision to a reference document is not applicable unless and until this rule has been amended to specify the new dates.

(1) Availability. The referenced materials are available as follows:

(a) Chemical Abstract Service (CAS). Information can be obtained by writing to: "Chemical Abstract Service, 2540 Olentangy River Road, Columbus, OH 43202," or by visiting their web site at www.cas.org.

(b) Clean Air Act as defined in this rule. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the Act as amended in 1990 is also available in electronic format at www.epa.gov/oar/caa/. A copy of the Act is also available for inspection and copying at most public libraries and "The State Library of Ohio."

(c) Code of Federal Regulations. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the CFR is also available in electronic format at www.access.gpo.gov/nara/cfr/. The CFR compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(d) North American industry classification system. Information and copies may be obtained by contacting the National Technical Information Service at 1-800-553-6847. The codes are also available in electronic format at www.census.gov/epcd/www/naics.html.

(e) National Fire Protection Association. Information on the National Fire Protection Association codes may be obtained by contacting the association at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, 617-770-3000. Codes may be ordered on line at www.nfpa.org/catalog/home/index.asp. Copies of the code are available at most public libraries and "The State Library of Ohio."

(f) Risk Management Plan Offsite Consequence Analysis Guidance. The guidance may be obtained by contacting the USEPA hotline at 1-800-424-9346. The full documentation may be obtained in electronic format at http//www.epa.gov/emergencies/guidance.htm#rmp. The guidance may also be obtained and copied at most public libraries and "The State Library of Ohio."

(g) United States Code. Information and copies may be obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the United States Code is also available in electronic format at http//www.gpoaccess.gov/uscode/. USC compilations are also available for inspection and copying at most public libraries and "The State Library of Ohio."

(2) Referenced materials.

(a) 15 USC 632 ; "Commerce and Trade, Aid to Small Business, Small Business Concern;" as published January 3, 2007 in the 2006 edition of the United States Code.

(b) 29 CFR 1910.119 ; "Process Safety Management of Highly Hazardous Chemicals;" 57 FR 6403, Feb. 24, 1992; 57 FR 7847, Mar. 4, 1992, as amended at 61 FR 9238, Mar. 7, 1996; 67 FR 67964, Nov. 7, 2002.

(c) 29 CFR 1910.252 ; "Subpart Q - Welding, Cutting, and Brazing;" 39 FR 23502, June 27, 1974, as amended at 40 FR 23073, May 28, 1975; 43 FR 49750, Oct. 24, 1978; 49 FR 5323, Feb. 10, 1984; 51 FR 34562, Sept. 29, 1986; 54 FR 24334, June 7, 1989; 55 FR 13696, Apr. 11, 1990; 61 FR 9227, March 7, 1996; 63 FR 1152, Jan. 8, 1998.

(d)29 CFR 1920. 1200; "Toxic and Hazardous Substances;" 59 FR 6170, Feb. 9, 1994, as amended at 59 FR 17479, Apr. 13, 1994; 59 FR 65948, Dec. 22, 1994; 61 FR 9245, Mar. 7, 1996.

(e) 40 CFR 71.7 ; "Federal Operating Permit Programs, Permit issuance, renewal, reopenings, and revisions;" 61 FR 34228, July 1, 1996, as amended at 64 FR 8263, Feb. 19, 1999.

(f) 40 CFR Part 51, Appendix W, section 8.2.8; "Guideline on Air Quality Models;" 59 FR 16715, Apr. 7, 1994, 70 FR 68228, Nov. 9, 2005.

(g) 40 CFR Part 68; "Accidental Release Prevention Requirements Under Clean Air Act Section 112(r)(7);" as published in the July 1, 2009 Code of Federal Regulations.

(h) 40 CFR Part 71; "Federal Operating Permit Programs;" as published in the July 1, 2009 Code of Federal Regulations.

(i) 40 CFR Part 355; "Emergency Planning and Notification;" as published in the in the July 1, 2009 Code of Federal Regulations.

(j) 42 USC7401 to 1200; "Toxic and Hazardous Substances;" 59 FR 6170, Feb. 9, 1994, as amended at 59 FR 17479, Apr. 13, 1994; 59 FR 65948, Dec. 22, 1994; 61 FR 9245, Mar. 7, 1996.

(k) 42 USC 11003 ; "Title 42-The Public Health and Welfare Chapter 116-Emergency Planning and Community Right-to-Know Subchapter I - Emergency Planning and Notification;" published January 3, 2007 in the 2006 Edition of the United States Code.

(l) 49 CFR Part 192; "Transportation of Hazardous Liquids by Pipeline;" as published in the July 1, 2009 Code of Federal Regulations.

(m) 49 CFR Part 193; "Transportation of Hazardous Liquids by Pipeline;" as published in the July 1, 2009 Code of Federal Regulations.

(n) 49 CFR Part 195; "Transportation of Hazardous Liquids by Pipeline;" as published in the July 1, 2009 Code of Federal Regulations.

(o) 49 USC section 60105 ; "Transportation: Subtitle VIII - Pipelines;" as published January 3, 2007 in the 2006 Edition of the United States Code.

(p) NFPA 704; "Standard System for the Identification of the Hazards of Materials for Emergency Response;" 2007 Edition.

(q) Risk Management Plan Offsite Consequence Analysis; April 1999.

(r) Section 112(r) of the Clean Air Act; contained in 42 USC Section 7412(r); "Hazardous Air Pollutants, Prevention of Accidental Releases;" July 14, 1955, ch. 360, title I, Sec. 112; as added Pub. L. 91-604, Sec. 4(a), Dec. 31, 1970, 84 Stat. 1685; amended Pub. L. 95-95, title I, Sec. 109(d)(2), 110, title IV, Sec. 401(c), Aug. 7, 1977, 91 Stat. 701, 703, 791; Pub. L. 95-623, Sec. 13(b), Nov. 9, 1978, 92 Stat. 3458; Pub. L. 101-549, title III, Sec. 301, Nov. 15, 1990, 104 Stat. 2531 Pub. L. 102-187, Dec. 4, 1991, 105 Stat. 1285; Pub. L. 105-362, title IV, Sec. 402(b), Nov. 10, 1998, 112 Stat. 3283; Pub. L. 106-40, Sec. 2, 3(a), Aug. 5, 1999, 113 Stat. 207, 208.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 3/09/01, 7/01/05

3745-104-02 Threshold determination.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions references in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."] (A) A threshold quantity of a regulated substance listed in rule 3745-104-04 of the Administrative Code is present at a stationary source if the total quantity of the regulated substance contained in a process exceeds the threshold.

(B) For the purposes of determining whether more than a threshold quantity of a regulated substance is present at the stationary source, the following exemptions apply:

(1) Concentrations of a regulated toxic substance in a mixture. If a regulated substance is present in a mixture and the concentration of the regulated substance is below one per cent by weight of the mixture, the amount of the substance in the mixture need not be considered when determining whether more than a threshold quantity is present at the stationary source. Except for oleum, toluene, 2,4-diisocyanate, toluene 2,6-diisocyanate, and toluene diisocyanate (unspecified isomer), if the concentration of the regulated substance in the mixture is one per cent or greater by weight, but the owner or operator can demonstrate that the partial pressure of the regulated substance in the mixture (solution) under handling or storage conditions in any portion of the process is less than ten millimeters of mercury, the amount of the regulated substance in the mixture in that portion of the process need not be considered when determining whether more than a threshold quantity is present at the stationary source. The owner or operator shall document this partial pressure measurement or estimate.

(2) Concentrations of a regulated flammable substance in a mixture.

(a) If a regulated substance is present in a mixture and the concentration of the regulated substance is below one per cent by weight of the mixture, the mixture need not be considered when determining whether more than a threshold quantity of the regulated substance is present at the stationary source. Except as provided in paragraphs (B)(2)(b) and (B)(2)(c) of this rule, if the concentration of the regulated substance is one per cent or greater by weight of the mixture, then, for purposes of determining whether a threshold quantity is present at the stationary source, the entire weight of the mixture shall be treated as the regulated substance unless the owner or operator can demonstrate that the mixture itself does not have a national fire protection association flammability hazard rating of four. The demonstration shall be in accordance with the definition of flammability hazard rating four in the NFPA 704 The owner or operator shall document the national fire protection association flammability hazard rating.

(b) Gasoline. Regulated substances in gasoline, when in distribution or related storage for use as fuel for internal combustion engines, need not be considered when determining whether more than a threshold quantity is present at a stationary source.

(c) Naturally occurring hydrocarbon mixtures. Prior to entry into a natural gas processing plant or a petroleum refining process unit, regulated substances in naturally occurring hydrocarbon mixtures need not be considered when determining whether more than a threshold quantity is present at a stationary source. Naturally occurring hydrocarbon mixtures include any combination of the following: condensate, crude oil, field gas, and produced water, each as defined in rule 3745-104-01 of the Administrative Code.

(3) Articles. Regulated substances contained in articles need not be considered when determining whether more than a threshold quantity is present at the stationary source.

(4) Uses. Regulated substances, when in use for the following purposes, need not be included in determining whether more than a threshold quantity is present at the stationary source:

(a) Use as a structural component of the stationary source;

(b) Use of products for routine janitorial maintenance;

(c) Use of employees of foods, drugs, cosmetics, or other personal items containing the regulated substance; and

(d) Use of regulated substances present in process water or non-contact cooling water as drawn from the environment or municipal sources, or use of regulated substances present in air used either as compressed air or as part of combustion.

(5) Activities in laboratories. If a regulated substance is manufactured, processed, or used in a laboratory at a stationary source under the supervision of a technically qualified individual, the quantity of the substance need not be considered in determining whether a threshold quantity is present. This exemption does not apply to:

(a) Speciality chemical production;

(b) Manufacture, processing, or use of regulated substances in pilot plant scale operations; and

(c) Activities conducted outside the laboratory.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/1/05

3745-104-03 Exemptions.

(A) Agricultural nutrients. Ammonia used as an agricultural nutrient, when held by farmers, is exempt from all provisions of this chapter.

(B) Flammable substances used as fuel or held for sale as fuel at retail facilities. A flammable substance listed in tables 3 and 4 of the appendix to rule 3745-104-04 of the Administrative Code are exempt from all provisions of this chapter when the substance is used as a fuel or held for sale as a fuel at a retail facility.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 3/09/01

3745-104-04 List of substances.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) Regulated toxic and flammable substances under section 112(r) of the Clean Air Act are the substances listed in the appendix to this rule. Threshold quantities for listed toxic and flammable substances are specified in the tables.

(B) The basis for placing toxic and flammable substances on the list of regulated substances are explained in the notes to the list.

Click to view Appendix

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 08/13/99, 03/09/01, 07/01/05

3745-104-05 Applicability.

[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; or

(3) The date on which a regulated substance is first present at the facility above a threshold quantity in a process.

(B) 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 any of the following offsite:

(a) Death;

(b) Injury; or

(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.

(C) Program two eligibility requirements. A covered process is subject to program two requirements if it 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.

(D) 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.

(E) 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.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 08/13/99, 07/01/05

3745-104-06 General requirements.

(A) General requirements. The owner or operator of a stationary source subject to this rule shall submit a single RMP, as provided in rules 3745-104-38 to 3745-104-48 of the Administrative Code. The RMP shall include a registration, as defined in rule 3745-104-42 of the Administrative Code, that reflects all covered processes.

(B) Program one requirements. In addition to meeting the requirements of paragraph (A) of this rule, the owner or operator of a stationary source with a process eligible for program one, as provided in paragraph (B) of rule 3745-104-05 of the Administrative Code, shall:

(1) Analyze the worst-case release scenario for the process(es), as provided in rule 3745-104-10 of the Administrative Code; document that the nearest public receptor is beyond the distance to a toxic or flammable endpoint defined in paragraph (A) of rule 3745-104-09 of the Administrative Code; and submit in the RMP the worst-case release scenario as provided in rule 3745-104-43 of the Administrative Code;

(2) Complete the five-year accident history for the process(es) as provided in rule 3745-104-16 of the Administrative Code and submit it in the RMP as provided in rule 3745-104-44 of the Administrative Code;

(3) Ensure that response actions have been coordinated with local emergency planning and response agencies; and

(4) Certify in the RMP the following: "based on the criteria in rule 3745-104-05 of the Administrative Code, the distance to the specified endpoint for the worst-case accidental release scenario for the following process(es) is less than the distance to the nearest public receptor: [list process(es)]. Within the past five years, the process(es) has (have) had no accidental release that caused offsite impacts provided in the risk management program rule (paragraph (B)(1) of rule 3745-104-05 of the Administrative Code). No additional measures are necessary to prevent offsite impacts from accidental releases. In the event of fire, explosion, or a release of a regulated substance from the process(es), entry within the distance to the specified endpoints may pose a danger to public emergency responders. Therefore, public emergency responders should not enter this area except as arranged with the emergency contact indicated in the RMP. The undersigned certifies that, to the best of my knowledge, information, and belief, formed after reasonable inquiry, the information submitted is true, accurate, and complete. [Signature, title, date signed]."

(C) Program two requirements. In addition to meeting the requirements of paragraph (A) of this rule, the owner or operator of a stationary source with a process subject to program two, as provided in paragraph (C) of rule 3745-104-05 of the Administrative Code, shall:

(1) Develop and implement a management system as provided in rule 3745-104-07 of the Administrative Code;

(2) Conduct a hazard assessment as provided in rules 3745-104-08 to 3745-104-16 of the Administrative Code;

(3) Implement the program two prevention steps provided in rules 3745-104-17 to 3745-104-23 of the Administrative Code or implement the program three prevention steps provided in rules 3745-104-24 to 3745-104-35 of the Administrative Code;

(4) Develop and implement an emergency response program as provided in rules 3745-104-36 and 3745-104-37 of the Administrative Code; and

(5) Submit as part of the RMP the data on prevention program elements for program two processes as provided in rule 3745-104-45 of the Administrative Code.

(D) Program three requirements. In addition to meeting the requirements of paragraph (A) of this rule, the owner or operator of a stationary source with a process subject to program three, as provided in paragraph (D) of rule 3745-104-05 of the Administrative Code shall:

(1) Develop and implement a management system as provided in rule 3745-104-07 of the Administrative Code;

(2) Conduct a hazard assessment as provided in rules 3745-104-08 to 3745-104-16 of the Administrative Code;

(3) Implement the prevention requirements of rules 3745-104-24 to 3745-104-35 of the Administrative Code;

(4) Develop and implement an emergency response program as provided in rules 3745-104-36 and 3745-104-37 of the Administrative Code; and

(5) Submit as part of the RMP the data on prevention program elements for program three processes as provided in rule 3745-104-46 of the Administrative Code.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-07 Management.

(A) The owner or operator of a stationary source with processes subject to program two or program three shall develop a management system to oversee the implementation of the risk management program elements.

(B) The owner or operator shall assign a qualified person or position that has the overall responsibility for the development, implementation, and integration of the risk management program elements.

(C) When responsibility for implementing individual requirements of this part is assigned to persons other than the person identified under paragraph (B) of this rule, the names or positions of these people shall be documented and the lines of authority defined through an organization chart or similar document.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-08 Hazard assessment: applicability.

The owner or operator of a stationary source subject to Chapter 3745-104 of the Administrative Code shall prepare a worst-case release scenario analysis as provided in rule 3745-104-10 of the Administrative Code and complete the five-year accident history as provided in rule 3745-104-16 of the Administrative Code. The owner or operator of a program two and three process must comply with all requirements of Chapter 3745-104 of the Administrative Code that are applicable to the process program level.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-09 Hazard assessment: offsite consequence analysis parameters.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions reference in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) Endpoints. For analyses of offsite consequences, the following endpoints shall be used:

(1) Toxics. The toxic endpoints provided in the appendix to this rule.

(2) Flammables. The endpoints for flammables vary according to the scenarios studied:

(a) Explosion. An overpressure of pounds per square inch.

(b) Radiant heat/exposure time. A radiant heat of five 2kilowatts per square meter for forty seconds.

(c) Lower flammability limit. A lower flammability limit as provided in NFPA documents or other generally recognized sources.

(B) Wind speed/atmospheric stability class. For the worst-case release analysis, the owner or operator shall use a wind speed of 1.5 meters per second and F atmospheric stability class. If the owner or operator can demonstrate that local meteorological data applicable to the stationary source show a higher minimum wind speed or less stable atmosphere at all times during the previous three years, these minimums may be used. For analysis of alternative scenarios, the owner or operator may use the typical meteorological conditions for the stationary source.

(D) Height of release. The worst-case release of a regulated toxic substance shall be analyzed assuming a ground level (zero feet) release. For an alternative scenario analysis of a regulated toxic substance, release height may be determined by the release scenario.

(E) The owner or operator shall use either urban or rural topography as applicable as defined in 40 CFR Part 51, Appendix W: "Guideline on Air Quality Modeling, section 8.2.8 Urban/Rural Classification."

(F) Dense or neutrally buoyant gases. The owner or operator shall ensure that tables or models used for dispersion analysis of regulated toxic substances account for gas density.

(G) Temperature of released substance. For worst case, liquids other than gases liquified by refrigeration only shall be considered to be released at the highest daily maximum temperature, based on data for the previous three years appropriate for the stationary source, or at process temperature, whichever is higher. For alternative scenarios, substances may be considered to be released at a process or ambient temperature that is appropriate for the scenario.

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Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 08/13/99, 07/01/05

3745-104-10 Hazard assessment: worst-case release scenario analysis.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) The owner or operator shall analyze and report in the RMP:

(1) For program one processes, one worst-case release scenario for each program one process;

(2) For program two and three processes:

(a) One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint provided in the appendix to rule 3745-104-09 of the Administrative Code resulting from an accidental release of regulated toxic substances from covered processes under worst-case conditions defined in rule 3745-104-09 of the Administrative Code;

(b) One worst-case release scenario that is estimated to create the greatest distance in any direction to an endpoint defined in paragraph (A) of rule 3745-104-09 of the Administrative Code resulting from an accidental release of regulated flammable substances from covered processes under worst-case conditions defined in rule 3745-104-09 of the Administrative Code; and

(c) Additional worst-case release scenarios shall be reported if a worst-case release from another covered process(es) at the stationary source potentially affects public receptors different from those potentially affected by the worst-case release scenario developed under paragraph (A)(2)(a) or (A)(2)(b) of this rule.

(B) Determination of worst-case release quantity. The worst-case release quantity shall be the greater of the following:

(1) For substances in a vessel, the greatest amount held at any time in a single vessel, taking into account administrative controls that limit the maximum quantity; or

(2) For substances in pipes, the greatest amount at any time in a pipe, taking into account administrative controls that limit the maximum quantity.

(C) Worst-case release scenario: toxic gases.

(1) For regulated toxic substances that are normally gases at ambient temperature and handled as either a gas or handled as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (B) of this rule, is released as a gas over ten minutes. The release rate shall be assumed to be the total quantity divided by ten unless passive mitigation systems are in place at the covered process.

(2) For gases handled as refrigerated liquids at ambient pressure:

(a) If the released substance is not contained by passive mitigation systems or if the release is contained and the contained pool would have a depth of one centimeter or less, the owner or operator shall assume that the substance is released as a gas in ten minutes;

(b) If the released substance is contained by passive mitigation systems in a pool with a depth greater than one centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph (B) of this rule, is spilled instantaneously to form a liquid pool. The release rate shall be calculated at the boiling point of the substance and at the conditions specified in paragraph (D) of this rule.

(D) Worst-case release scenario: toxic liquids.

(1) For regulated toxic substances that are normally liquids at ambient temperature, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (B) of this rule, is spilled instantaneously to form a liquid pool.

(a) The surface area of the pool shall be determined by assuming that the liquid spreads to one centimeter deep unless passive mitigation systems are in place at the covered process that serve to contain the spill and limit the surface area. Where passive mitigation is in place, the surface area of the contained liquid shall be used to calculate the volatilization rate.

(b) If the release would occur onto a surface that is not paved or smooth, the owner or operator may take into account the actual surface characteristics.

(2) The volatilization rate shall account for the highest daily maximum temperature occurring in the past three years, the temperature of the substance in the vessel, and the concentration of the substance if the liquid spilled is a mixture or solution.

(3) The rate of release to air shall be determined from the volatilization rate of the liquid pool. The owner or operator may use the methodology in the "RMP Offsite Consequence Analysis Guidance" or any other publicly available techniques that account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the director or the director's representative access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

(E) Worst-case release scenario: flammable gases. The owner or operator shall assume that the quantity of the substance, as determined under paragraph (B) of this rule and the provisions below, vaporizes resulting in a vapor cloud explosion. A yield factor of ten per cent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.

(1) For regulated flammable substances that are normally gases at ambient temperature and handled as a gas or as a liquid under pressure, the owner or operator shall assume that the quantity in the vessel or pipe, as determined under paragraph (B) of this rule, is released as a gas over ten minutes. The total quantity shall be assumed to be involved in the vapor cloud explosion.

(2) For flammable gases handled as refrigerated liquids at ambient pressure:

(a) If the released substance is not contained by passive mitigation systems or if the contained pool would have a depth of one centimeter or less, the owner or operator shall assume that the total quantity of the substance is released as a gas in ten minutes, and the total quantity will be involved in the vapor cloud explosion.

(b) If the released substance is contained by passive mitigation systems in a pool with a depth greater than one centimeter, the owner or operator may assume that the quantity in the vessel or pipe, as determined under paragraph (B) of this rule, is spilled instantaneously to form a liquid pool. The volatilization rate (release rate) shall be calculated at the boiling point of the substance and at the conditions specified in paragraph (D) of this rule. The owner or operator shall assume that the quantity which becomes vapor in the first ten minutes is involved in the vapor cloud explosion.

(F) Worst-case release scenario: flammable liquids. The owner or operator shall assume that the quantity of the substance, as determined under paragraph (B) of this rule and the provisions below, vaporizes resulting in a vapor cloud explosion. A yield factor of ten per cent of the available energy released in the explosion shall be used to determine the distance to the explosion endpoint if the model used is based on TNT equivalent methods.

(1) For regulated flammable substances that are normally liquids at ambient temperature, the owner or operator shall assume that the entire quantity in the vessel or pipe, as determined under paragraph (B) of this rule, is spilled instantaneously to form a liquid pool. For liquids at temperatures below their atmospheric boiling point, the volatilization rate shall be calculated at the conditions specified in paragraph (D) of this rule.

(2) The owner or operator shall assume that the quantity which becomes vapor in the first ten minutes is involved in the vapor cloud explosion.

(G) Parameters to be applied for all covered processes. The owner or operator shall use the parameters defined in rule 3745-104-09 of the Administrative Code to determine distance to the endpoints. The owner or operator may use the methodology provided in the"RMP Offsite Consequence Analysis Guidance" or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the director or the director's representative access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

(H) Consideration of passive mitigation. Passive mitigation systems may be considered for the analysis of worst case provided that the mitigation system can withstand the release event triggering the scenario and would still function as intended.

(I) Factors in selecting a worst-case scenario. The owner or operator shall select as the worst case for flammable regulated substances or the worst case for regulated toxic substances, a scenario that would result in a greater distance to an endpoint, as defined in paragraph (A) of rule 3745-104-09 of the Administrative Code, beyond the stationary source boundary. These scenarios shall be based on the following: (1) Determination of worst-case release quantity as defined in paragraphs (B)(1) and (B)(2) of this rule;

(2) Smaller quantities handled at higher process temperature or pressure; and

(3) Proximity to the boundary of the stationary source.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 3/09/01, 7/01/05

3745-104-11 Hazard assessment: alternative release scenario analysis.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) Number of scenarios. The owner or operator of a stationary source with processes subject to program two or program three shall identify and analyze at least one alternative release scenario for each regulated toxic substance held in a covered process and shall identify and analyze at least one alternative release scenario to represent all flammable substances held in covered processes.

(B) Scenarios to consider.

(1) For each scenario required under paragraph (A) of this rule, the owner or operator shall select a scenario:

(a) That is more likely to occur than the worst-case release scenario under rule 3745-104-10 of the Administrative Code; and

(b) That will reach an endpoint offsite, unless no such scenario exists.

(2) Release scenarios considered may include, but are not limited to, the following, where applicable:

(a) Transfer hose releases due to splits or sudden hose uncoupling;

(b) Process piping releases from failures at flanges, joints, welds, valves and valve seals, and drains or bleeds;

(c) Process vessel or pump releases due to cracks, seal failure, or drain, bleed, or plug failure;

(d) Vessel overfilling and spill, or overpressurization and venting through relief valves or rupture disks; and

(e) Shipping container mishandling and breakage or puncturing leading to a spill.

(C) Parameters to be applied. The owner or operator shall use the appropriate parameters defined in rule 3745-104-09 of the Administrative Code to determine distance to the endpoints. The owner or operator may use either the methodology provided in the"RMP Offsite Consequence Analysis Guidance" or any commercially or publicly available air dispersion modeling techniques, provided the techniques account for the specified modeling conditions and are recognized by industry as applicable as part of current practices. Proprietary models that account for the modeling conditions may be used provided the owner or operator allows the director or the director's representative access to the model and describes model features and differences from publicly available models to local emergency planners upon request.

(D) Consideration of mitigation. Active and passive mitigation systems may be considered provided they can withstand the event that triggered the release and would still be functional.

(E) Factors in selecting scenarios. The owner or operator shall consider the following in selecting alternative release scenarios:

(1) The five-year accident history provided in rule 3745-104-16 of the Administrative Code; and

(2) Failure scenarios identified under rule 3745-104-18 or 3745-104-25 of the Administrative Code.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/01/05

3745-104-12 Hazard Assessment: Defining Offsite Impacts - Population.

(A) The owner or operator shall estimate in the RMP the population within a circle with its center at the point of the release and a radius determined by the distance to the endpoint defined in paragraph (A) of rule 3745-104-09 of the Administrative Code.

(B) Population to be defined. Population shall include residential population. The presence of institutions (schools, hospitals, prisons), parks and recreational areas, and major commercial, office, and industrial buildings shall be noted in the RMP.

(C) Data sources acceptable. The owner or operator shall use the most recent census data, or other updated information, to estimate the population potentially affected.

(D) Level of accuracy. Population shall be estimated to two significant digits.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-13 Hazard assessment: defining offsite impacts - environment.

(A) The owner or operator shall list in the RMP environmental receptors within a circle with its center at the point of the release and a radius determined by the distance to the endpoint defined in paragraph (A) of rule 3745-104-09 of the Administrative Code.

(B) Data sources acceptable. The owner or operator shall rely on information provided on local US geological survey maps or on any data source containing USGS data to identify environmental receptors.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99

3745-104-14 Hazard assessment: review and update.

(A) The owner or operator shall review and update the offsite consequence analyses at least once every five years.

(B) If changes in processes, quantities stored or handled, or any other aspect of the stationary source are expected to increase or decrease the distance to the endpoint by a factor of two or more, the owner or operator shall complete a revised analysis within six months of the change and submit to USEPA a revised risk management plan as provided in rule 3745-104-49 of the Administrative Code.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99

3745-104-15 Hazard assessment: documentation.

The owner or operator shall maintain the following records on the offsite consequence analyses:

(A) For worst-case scenarios, a description of the vessel or pipeline and substance selected as worst case, assumptions and parameters used, and the rationale for selection; assumptions shall include use of any administrative controls and any passive mitigation that were assumed to limit the quantity that could be released. Documentation shall include the anticipated effect of the controls and mitigation on the release quantity and rate.

(B) For alternative release scenarios, a description of the scenarios identified, assumptions and parameters used, and the rationale for the selection of specific scenarios; assumptions shall include use of any administrative controls and any mitigation that were assumed to limit the quantity that could be released. Documentation shall include the effect of the controls and mitigation on the release quantity and rate.

(C) Documentation of estimated quantity released, release rate, and duration of release.

(D) Methodology used to determine distance to endpoints.

(E) Data used to estimate population and environmental receptors potentially affected.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-16 Hazard assessment: five-year accident history.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) The owner or operator shall include in the five-year accident history all accidental releases from covered processes that resulted in deaths, injuries, or significant property damage on site, or known offsite deaths, injuries, evacuations, sheltering in place, property damage, or environmental damage.

(B) Data required. For each accidental release included in the five year accident history, the owner or operator shall report the following information:

(1) Date, time, and approximate duration of the release;

(2) Chemical(s) released;

(3) Estimated quantity released in pounds and, for mixtures containing regulated toxic substances, percentage concentration by weight of the released regulated toxic substance in the liquid mixture;

(4) Five- or six-digit NAICS code that most closely corresponds to the process;

(5) The type of release event and its source;

(6) Weather conditions, if known;

(7) On-site impacts;

(8) Known offsite impacts;

(9) Initiating event and contributing factors if known;

(10) Whether offsite responders were notified if known; and

(11) Operational or process changes that resulted from investigation of the release and that have been made by the time this information is submitted in accordance with rule 3745-104-44 of the Administrative Code.

(C) Level of accuracy. Numerical estimates may be provided to two significant digits.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/1/05

3745-104-17 Program two prevention program: safety information.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) The owner or operator shall compile and maintain the following up-to-date safety information related to the regulated substances, processes, and equipment:

(1) Material safety data sheets that meet the requirements of 29 CFR 1910.1200(g) ;

(2) Maximum intended inventory of equipment in which the regulated substances are stored or processed;

(3) Safe upper and lower temperatures, pressures, flows, and compositions;

(4) Equipment specifications; and

(5) Codes and standards used to design, build, and operate the process.

(B) The owner or operator shall ensure that the process is designed in compliance with recognized and generally accepted good engineering practices. Compliance with federal or state regulations that address industry-specific safe design or with industry-specific design codes and standards may be used to demonstrate compliance with this paragraph.

(C) The owner or operator shall update the safety information if a major change occurs that makes the information inaccurate.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/01/05

3745-104-18 Program two prevention program: hazard review.

(A) The owner or operator shall conduct a review of the hazards associated with the regulated substances, process, and procedures. The review shall identify the following:

(1) The hazards associated with the process and regulated substances;

(2) Opportunities for equipment malfunctions or human errors that could cause an accidental release;

(3) The safeguards used or needed to control the hazards or prevent equipment malfunction or human error; and

(4) Any steps used or needed to detect or monitor releases.

(B) The owner or operator may use checklists developed by persons or organizations knowledgeable about the process and equipment as a guide to conducting the review. For processes designed to meet industry standards or federal or state design rules, the hazard review shall, by inspecting all equipment, determine whether the process is designed, fabricated, and operated in accordance with the applicable standards or rules.

(C) The owner or operator shall document the results of the review and ensure that problems identified are resolved in a timely manner.

(D) The review shall be updated at least once every five years. The owner or operator shall also conduct reviews whenever a major change in the process occurs; all issues identified in the review shall be resolved before startup of the changed process.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-19 Program two prevention program: operating procedures.

(A) The owner or operator shall prepare written operating procedures that provide clear instructions or steps for safely conducting activities associated with each covered process consistent with the safety information for that process. Operating procedures or instructions provided by equipment manufacturers or developed by persons or organizations knowledgeable about the process and equipment may be used as a basis for a stationary source's operating procedures.

(B) The procedures shall address the following:

(1) Initial startup;

(2) Normal operations;

(3) Temporary operations;

(4) Emergency shutdown and operations;

(5) Normal shutdown;

(6) Startup following a normal or emergency shutdown or a major change that requires a hazard review;

(7) Consequences of deviations and steps required to correct or avoid deviations; and

(8) Equipment inspections.

(C) The owner or operator shall ensure that the operating procedures are updated, if necessary, whenever a major change occurs and prior to startup of the changed process.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-20 Program two prevention program: training.

(A) The owner or operator shall ensure that each employee presently operating a process, and each employee newly assigned to a covered process have been trained or tested competent in the operating procedures provided in rule 3745-104-19 of the Administrative Code that pertain to their duties. For those employees already operating a process on June 21, 1999, the owner or operator may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as provided in the operating procedures.

(B) Refresher training. Refresher training shall be provided at least every three years, and more often if necessary, to each employee operating a process to ensure that the employee understands and adheres to the current operating procedures of the process. The owner or operator, in consultation with the employees operating the process, shall determine the appropriate frequency of refresher training.

(C) The owner or operator may use training conducted under federal or state regulations or under industry-specific standards or codes or training conducted by covered process equipment vendors to demonstrate compliance with this rule to the extent that the training meets the requirements of this section.

(D) The owner or operator shall ensure that operators are trained in any updated or new procedures prior to startup of a process after a major change.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-21 Program two prevention program: maintenance.

(A) The owner or operator shall prepare and implement procedures to maintain the on-going mechanical integrity of the process equipment. The owner or operator may use procedures or instructions provided by covered process equipment vendors or procedures in federal or state regulations or industry codes as the basis for stationary source maintenance procedures.

(B) The owner or operator shall train or cause to be trained each employee involved in maintaining the on-going mechanical integrity of the process. To ensure that the employee can perform the job tasks in a safe manner, each such employee shall be trained in the hazards of the process, in how to avoid or correct unsafe conditions, and in the procedures applicable to the employee's job tasks.

(C) Any maintenance contractor shall ensure that each contract maintenance employee is trained to perform the maintenance procedures developed under paragraph (A) of this rule.

(D) The owner or operator shall perform or cause to be performed inspections and tests on process equipment. Inspection and testing procedures shall follow recognized and generally accepted good engineering practices. The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations, industry standards or codes, good engineering practices, and prior operating experience.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-22 Program two prevention program: compliance audits.

(A) The owner or operator shall certify that they have evaluated compliance with the provisions of rules 3745-104-17 to 3745-104-23 of the Administrative Code at least every three years to verify that the procedures and practices developed under chapter 3745-104 of the Administrative Code are adequate and are being followed.

(B) The compliance audit shall be conducted by at least one person knowledgeable in the process.

(C) The owner or operator shall develop a report of the audit findings.

(D) The owner or operator shall promptly determine and document an appropriate response to each of the findings of the compliance audit and document that deficiencies have been corrected.

(E) The owner or operator shall retain the two most recent compliance audit reports. This requirement does not apply to any compliance audit report that is more than five years old.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-23 Program two prevention program: incident investigation.

(A) The owner or operator shall investigate each incident which resulted in, or could reasonably have resulted in a catastrophic release.

(B) An incident investigation shall be initiated as promptly as possible, but not later than forty-eight hours following the incident.

(C) A summary shall be prepared at the conclusion of the investigation which includes at a minimum:

(1) Date of incident;

(2) Date investigation began;

(3) A description of the incident;

(4) The factors that contributed to the incident; and,

(5) Any recommendations resulting from the investigation.

(D) The owner or operator shall promptly address and resolve the investigation findings and recommendations. Resolutions and corrective actions shall be documented.

(E) The findings shall be reviewed with all affected personnel whose job tasks are affected by the findings.

(F) Investigation summaries shall be retained for five years.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-24 Program three prevention program: process safety information.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) In accordance with the schedule set forth in rule 3745-104-25 of the Administrative Code, the owner or operator shall complete a compilation of written process safety information before conducting any process hazard analysis required by rule 3745-104-25 of the Administrative Code. The compilation of written process safety information is to enable the owner or operator and the employees involved in operating the process to identify and understand the hazards posed by those processes involving regulated substances. This process safety information shall include information pertaining to the hazards of the regulated substances used or produced by the process, information pertaining to the technology of the process, and information pertaining to the equipment in the process.

(B) Information pertaining to the hazards of the regulated substances in the process. This information shall consist of at least the following:

(1) Toxicity information;

(2) Permissible exposure limits;

(3) Physical data;

(4) Reactivity data;

(5) Corrosivity data;

(6) Thermal and chemical stability data; and

(7) Hazardous effects of inadvertent mixing of different materials that could foreseeably occur. Note: Material safety data sheets meeting the requirements of 29 CFR 1910.1200(g) may be used to comply with this requirement to the extent they contain the information required by paragraph (B) of this rule.

(C) Information pertaining to the technology of the process.

(1) Information concerning the technology of the process shall include at least the following:

(a) Block flow diagram or simplified process flow diagram;

(b) Process chemistry;

(c) Maximum intended inventory;

(d) Safe upper and lower limits for such items as temperatures, pressures, flows or compositions; and

(e) An evaluation of the consequences of deviations.

(2) Where the original technical information no longer exists, such information may be developed in conjunction with the process hazard analysis in sufficient detail to support the analysis.

(D) Information pertaining to the equipment in the process.

(1) Information pertaining to the equipment in the process shall include:

(a) Materials of construction;

(b) Piping and instrument diagrams (P&ID's);

(c) Electrical classification;

(d) Relief system design and design basis;

(e) Ventilation system design;

(f) Design codes and standards employed;

(g) Material and energy balances for processes built after June 21, 1999; and

(h) Safety systems ( including interlocks, detection or suppression systems).

(2) The owner or operator shall document that equipment complies with recognized and generally accepted good engineering practices.

(3) For existing equipment designed and constructed in accordance with codes, standards, or practices that are no longer in general use, the owner or operator shall determine and document that the equipment is designed, maintained, inspected, tested, and operating in a safe manner.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/01/05

3745-104-25 Program three prevention program: process hazard analysis.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) The owner or operator shall perform an initial process hazard analysis (hazard evaluation) on processes covered by this chapter. The process hazard analysis shall be appropriate to the complexity of the process and shall identify, evaluate, and control the hazards involved in the process. The owner or operator shall determine and document the priority order for conducting process hazard analyses based on a rationale which includes such considerations as extent of the process hazards, number of potentially affected employees, age of the process, and operating history of the process. The process hazard analysis shall be conducted as soon as possible, but not later than June 21, 1999. Process hazards analyses completed to comply with 29 CFR 1910.119(e) are acceptable to meet requirements of this paragraph as initial process hazards analyses. These process hazard analyses shall be updated and revalidated, based on their completion date.

(B) The owner or operator shall use one or more of the following methodologies that are appropriate to determine and evaluate the hazards of the process being analyzed.

(1) What - if;

(2) Checklist;

(3) What - if/checklist;

(4) Hazard and operability study (HAZOP);

(5) Failure mode and effects analysis (FMEA);

(6) Fault tree analysis; or

(7) An appropriate equivalent methodology.

(C) The process hazard analysis shall address:

(1) The hazards of the process;

(2) The identification of any previous incident which had a likely potential for catastrophic consequences.

(3) Engineering and administrative controls applicable to the hazards and their interrelationships such as appropriate application of detection methodologies to provide early warning of releases. Acceptable detection methods include process monitoring and control instrumentation with alarms, and detection hardware such as hydrocarbon sensors;

(4) Consequences of failure of engineering and administrative controls;

(5) Stationary source siting;

(6) Human factors; and

(7) A qualitative evaluation of a range of the possible safety and health effects of failure of controls.

(D) The process hazard analysis shall be performed by a team with expertise in engineering and process operations, and the team shall include at least one employee who has experience and knowledge specific to the process being evaluated. Also, one member of the team must be knowledgeable in the specific process hazard analysis methodology being used.

(E) The owner or operator shall establish a system to promptly address the team's findings and recommendations; assure that the recommendations are resolved in a timely manner and that the resolution is documented; document what actions are to be taken; complete actions as soon as possible; develop a written schedule of when these actions are to be completed; communicate the actions to operating, maintenance and other employees whose work assignments are in the process and who may be affected by the recommendations or actions.

(F) At least every five years after the completion of the initial process hazard analysis, the process hazard analysis shall be updated and revalidated by a team meeting the requirements in paragraph (D) of this rule, to assure that the process hazard analysis is consistent with the current process. Updated and revalidated process hazard analyses completed to comply with 29 CFR 1910.119(e) are acceptable to meet the requirements of this paragraph.

(G) The owner or operator shall retain process hazards analyses and updates or revalidations for each process covered by this section, as well as the documented resolution of recommendations described in paragraph (E) of this rule for the life of the process.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/01/05

3745-104-26 Program three prevention program: operating procedures.

(A) The owner or operator shall develop and implement written operating procedures that provide clear instructions for safely conducting activities involved in each covered process consistent with the process safety information referenced in rule 3745-104-24 of the Administrative Code and shall address at least the following elements.

(1) Steps for each operating phase:

(a) Initial startup;

(b) Normal operations;

(c) Temporary operations;

(d) Emergency shutdown including the conditions under which emergency shutdown is required, and the assignment of shutdown responsibility to qualified operators to ensure that emergency shutdown is executed in a safe and timely manner.

(e) Emergency operations;

(f) Normal shutdown; and

(g) Startup following a turnaround, or after an emergency shutdown.

(2) Operating limits:

(a) Consequences of deviation; and

(b) Steps required to correct or avoid deviation.

(3) Safety and health considerations:

(a) Properties of, and hazards presented by, the chemicals used in the process;

(b) Precautions necessary to prevent exposure to any person, public receptor or environmental receptor, including engineering controls, administrative controls, and personal protective equipment;

(c) Control measures to be taken if physical contact or airborne exposure occurs;

(d) Quality control for raw materials and control of hazardous chemical inventory levels; and

(e) Any special or unique hazards of the process or regulated substance.

(4) Safety systems and their functions.

(B) Operating procedures shall be readily accessible to employees who work in or maintain a process.

(C) The operating procedures shall reflect current operating practice, including changes that result from changes in process chemicals, technology, and equipment, and changes to stationary sources. The owner or operator shall certify annually that these operating procedures are current and accurate.

(D) The owner or operator shall develop and implement safe work practices to provide for the control of hazards during operations and for the control over entrance into a stationary source by maintenance, contractor, laboratory, or other support personnel. These safe work practices shall apply to employees and contractor employees.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99

3745-104-27 Program three prevention program: training.

(A) Initial training.

(1) Each employee presently involved in operating a process, and each employee before being involved in operating a newly assigned process, shall be trained in an overview of the process and in the operating procedures as specified in rule 3745-104-26 of the Administrative Code. The training shall include but not be limited to emphasis on the specific safety and health hazards, emergency operations including shutdown, and safe work practices applicable to the employee's job tasks.

(2) In lieu of initial training for those employees already involved in operating a process on June 21, 1999 an owner or operator may certify in writing that the employee has the required knowledge, skills, and abilities to safely carry out the duties and responsibilities as specified in the operating procedures.

(B) Refresher training. Refresher training shall be provided at least every three years, and more often if necessary, to each employee involved in operating a process to assure that the employee understands and adheres to the current operating procedures of the process.

(C) Training documentation. The owner or operator shall ascertain that each employee involved in operating a process has received and understood the training required by this rule. The owner or operator shall prepare a record which contains the identity of the employee, the date of training, and the means used to verify that the employee understood the training.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-28 Program three prevention program: mechanical integrity.

(A) Application. Paragraphs (B) to (F) of this rule apply to the following process equipment:

(1) Pressure vessels and storage tanks;

(2) Piping systems (including piping components such as valves);

(3) Relief and vent systems and devices;

(4) Emergency shutdown systems;

(5) Controls (including monitoring devices and sensors, alarms, and interlocks); and

(6) Pumps.

(B) Written procedures. The owner or operator shall establish and implement written procedures to maintain the on-going integrity of process equipment.

(C) Training for process maintenance activities. The owner or operator shall train each employee involved in maintaining the on-going integrity of process equipment in an overview of that process and its hazards and in the procedures applicable to the employee's job tasks to assure that the employee can perform the job tasks in a safe manner.

(D) Inspection and testing.

(1) Inspections and tests shall be performed on process equipment.

(2) Inspection and testing procedures shall follow recognized and generally accepted good engineering practices.

(3) The frequency of inspections and tests of process equipment shall be consistent with applicable manufacturers' recommendations and good engineering practices, and more frequently if determined to be necessary by prior operating experience.

(4) The owner or operator shall document each inspection and test that has been performed on process equipment. The documentation shall identify the date of the inspection or test, the name of the person who performed the inspection or test, the serial number or other identifier of the equipment on which the inspection or test was performed, a description of the inspection or test performed, and the results of the inspection or test.

(E) Equipment deficiencies. The owner or operator shall correct deficiencies in equipment that are outside acceptable limits (defined by the process safety information in rule 3745-104-24 of the Administrative Code) before further use or in a safe and timely manner when necessary means are taken to assure safe operation.

(F) Quality assurance.

(1) In the construction of new plants and equipment, the owner or operator shall assure that equipment as it is fabricated is suitable for the process application for which it will be used.

(2) Appropriate checks and inspections shall be performed to assure that equipment is installed properly and consistent with design specifications and the manufacturer's instructions.

(3) The owner or operator shall assure that maintenance materials, spare parts and equipment are suitable for the process application for which they will be used.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99

3745-104-29 Program three prevention program: management of change.

(A) The owner or operator shall establish and implement written procedures to manage changes, except for "replacements in kind", to process chemicals, technology, equipment, and procedures; and, changes to stationary sources that affect a covered process.

(B) The procedures shall include all of the following:

(1) The technical basis for the proposed change;

(2) Impact of change on safety and health;

(3) Modifications to operating procedures;

(4) Necessary time period for the change; and

(5) Authorization requirements for the proposed change.

(C) Employees, maintenance and contract employees whose job tasks will be affected by a change in the process shall be informed of, and trained in, the change prior to start-up of the process or affected part of the process.

(D) If a change covered by this paragraph results in a change in the process safety information required by rule 3745-104-24 of the Administrative Code, such information shall be updated accordingly.

(E) If a change covered by this paragraph results in a change in the operating procedures or practices required by rule 3745-104-26 of the Administrative Code, such procedures or practices shall be updated accordingly.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99

3745-104-30 Program three prevention program: pre-startup review.

(A) The owner or operator shall perform a pre-startup safety review for new stationary sources and for modified stationary sources when the modification of the covered process is significant enough to require a change in the process safety information.

(B) The pre-startup safety review shall confirm that prior to the introduction of regulated substances to a process:

(1) Construction and equipment is in accordance with design specifications;

(2) Safety, operating, maintenance, and emergency procedures are in place and are adequate;

(3) For new stationary sources, a process hazard analysis has been performed and recommendations have been resolved or implemented before startup; and modified stationary sources meet the requirements contained in management of change, rule 3745-104-29 of the Administrative Code.

(4) Training of each employee involved in operating a process has been completed.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-31 Program three prevention program: compliance audits.

(A) The owner or operator shall certify that he or she has evaluated compliance with the provisions of rules 3745-104-24 to 3745-104-35 of the Administrative Code at least every three years to verify that the procedures and practices are adequate and are being followed.

(B) The compliance audit shall be conducted by at least one person knowledgeable in the process.

(C) A report of the findings of the audit shall be developed.

(D) The owner or operator shall promptly determine and document an appropriate response to each of the findings of the compliance audit, and document that deficiencies have been corrected.

(E) The owner or operator shall retain the two most recent compliance audit reports.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-32 Program three prevention program: incident investigation.

(A) The owner or operator shall investigate each incident that resulted in, or could reasonably have resulted in a catastrophic release of a regulated substance.

(B) An incident investigation shall be initiated as promptly as possible, but not later than forty-eight hours following the incident.

(C) An incident investigation team shall be established and consist of at least one person knowledgeable of the process involved, including a contract employee if the incident involved work of the contractor, and other persons with appropriate knowledge and experience of the process involved to thoroughly investigate and analyze the incident.

(D) A report shall be prepared at the conclusion of the investigation. The report shall include at a minimum:

(1) Date of incident;

(2) Date investigation began;

(3) A description of the incident;

(4) The factors that contributed to the incident; and,

(5) Any recommendations resulting from the investigation.

(E) The owner or operator shall establish a system to promptly address and resolve the incident report findings and recommendations. Resolutions and corrective actions shall be documented.

(F) The report shall be reviewed with all affected personnel whose job tasks are relevant to the incident findings, including contract employees where applicable.

(G) Incident investigation reports shall be retained for five years.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-33 Program three prevention program: employee participation.

(A) The owner or operator shall develop a written plan of action regarding the implementation of the employee participation required by this rule.

(B) The owner or operator shall consult with employees and their representatives on the conduct and development of process hazards analyses and on the development of the other elements of process safety management in this rule.

(C) The owner or operator shall provide to employees and their representatives access to process hazard analyses and to all other information required to be developed under this rule.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-34 Program three prevention program: hot work permit.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) The owner or operator shall issue a hot work permit to be kept on file at the facility before hot work operations are conducted on or near a covered process.

(B) The permit shall document that the fire prevention and protection requirements in 29 CFR 1910.252(a) have been implemented prior to beginning the hot work operations; it shall indicate the date(s) authorized for hot work; and identify the object on which hot work is to be performed. The permit shall be kept on file at the facility until completion of the hot work operations.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/01/05

3745-104-35 Program three prevention program: contractors.

(A) Application. This rule applies to contractors performing maintenance or repair, turnaround, major renovation, or specialty work on or adjacent to a covered process. It does not apply to contractors providing incidental services that do not influence process safety, such as janitorial work, food and drink services, laundry, delivery or other supply services.

(B) Owner or operator responsibilities.

(1) The owner or operator, prior to selecting a contractor, shall obtain and evaluate information regarding the contractor's safety performance and programs.

(2) The owner or operator shall inform the contractor of the known potential fire, explosion, or toxic release hazards related to the contractor's work and the process.

(3) The owner or operator shall explain to the contractor the applicable provisions of rules 3745-104-36 and 3745-104-37 of the Administrative Code.

(4) The owner or operator shall develop and implement safe work practices consistent with paragraph (D) of rule 3745-104-26 of the Administrative Code, to control the entrance, presence, and exit of the contractor and contract employees in covered process areas.

(5) The owner or operator shall periodically evaluate the performance of the contractor in fulfilling his or her obligations as specified in paragraph (C) of this rule.

(C) Contractor responsibilities.

(1) The contractor shall assure that each contract employee is trained in the work practices necessary to safely perform his or her job.

(2) The contractor shall assure that each contract employee is instructed in the known potential fire, explosion, or toxic release hazards related to his or her job and the process, and the applicable provisions of the emergency action plan.

(3) The contractor shall document that each contract employee has received and understood the training required by this section. The contractor shall prepare a record that contains the identity of the contract employee, the date of training, and the means used to verify that the employee understood the training.

(4) The contractor shall assure that each contract employee follows the safety rules of the stationary source including the safe work practices required by paragraph (D) of rule 3745-104-26 of the Administrative Code.

(5) The contractor shall advise the owner or operator of any unique hazards presented by the contractor's work, or of any hazards found by the contractor's work.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-36 Emergency response: applicability.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) Except as provided in paragraph (B) of this rule, the owner or operator of a stationary source with program two and program three processes shall comply with the requirements of rule 3745-104-37 of the Administrative Code.

(B) The owner or operator of a stationary source with program two and program three processes whose employees will not respond to accidental releases of regulated substances need not comply with rule 3745-104-37 of the Administrative Code provided that they meet all of the following:

(1) For stationary sources with any regulated toxic substance held in a process above the threshold quantity, the stationary source is included in the community emergency response plan developed under 42 USC 11003 ;

(2) For stationary sources with only regulated flammable substances held in a process above the threshold quantity, the owner or operator has coordinated response actions with the local fire department; and

(3) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/01/05

3745-104-37 Emergency response program.

(A) The owner or operator shall develop and implement an emergency response program for the purpose of protecting public health and the environment. Such program shall 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; and

(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; and

(4) Procedures to review and update, as appropriate, the emergency response plan to reflect changes at the stationary source 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 local emergency planning committee 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.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-38 Risk management plan: submission.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) The owner or operator shall submit a single RMP that includes the information required by rules 3745-104-41 to 3745-104-48 of the Administrative Code for all covered processes. The RMP shall be submitted in a method and format to a central point as specified by USEPA as of the date of submission.

(B) The owner or operator shall submit the first RMP no later than the latest of the following:

(1) June 21, 1999;

(2) Three years after the date on which a regulated substance is first listed under 40 CFR Part 68, which is incorporated into rule 3745-104-04 of the Administrative Code; or

(3) The date on which a regulated substance is first present above a threshold quantity in a process.

A copy of the initial RMP shall also be submitted to Ohio EPA.

(C) The owner or operator for which an RMP was submitted before June 21, 2004, shall revise the RMP to include the information required by paragraphs (B)(6) and (B)(14) of rule 3745-104-42 of the Administrative Code by June 21, 2004 in the manner specified by USEPA prior to that date. Any such submission shall also include the information required by paragraph (B)(20) of rule 3745-104-42 of the Administrative Code(indicating that the submission is a correction to include the information required by paragraphs (B)(6) and (B)(14) of rule 3745-104-42 of the Administrative Code or an update under rule 3745-104-49 of the Administrative Code).

(D) Subsequent submissions of RMPs shall be in accordance with rule 3745-104-49 of the Administrative Code. A copy of subsequent submissions shall also be submitted to Ohio EPA, but only when the subsequent submission is being made in accordance with paragraphs (B)(2) to (B)(4), paragraph (B)(6), (B)(7), (C), or (D)(1) of rule 3745-104-49 of the Administrative Code.

(E) Nothing in these rules is intended to enlarge or diminish any rights the owner or operator may have to make a claim to USEPA for confidential business information for any such information contained in the RMP that is submitted to USEPA. However, to secure confidential treatment of information in the RMP which is submitted to Ohio EPA, the owner or operator must seek protection of the information as a trade secret exclusively in the manner set forth in rules 3745-104-39 and 3745-104-40 of the Administrative Code.

(F) Procedures for asserting that information submitted in the RMP is entitled to protection as trade secret information are set forth in rules 3745-104-39 and 3745-104-40 of the Administrative Code.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 3/09/01, 7/01/05

3745-104-39 Assertation of claims of trade secret information.

(A) Except as provided in paragraph (B) of this rule, an owner or operator of a stationary source required to report or otherwise provide information under this chapter may make a claim for trade secret protection for any such information. Such information shall be designated trade secret only after the director, pursuant to rule 3745-49-03 of the Administrative Code, determines that the information meets the definition of trade secret as defined by section 1333.61 of the Revised Code.

(B) Notwithstanding the provisions of rule 3745-49-03 of the Administrative Code, an owner or operator may not claim as a trade secret the following information:

(1) Registration required by paragraphs (B)(1) to (B)(6), (B)(8) and (B)(10) to (B)(13) of rule 3745-104-41 of the Administrative Code and NAICS code and program level of the process set forth in paragraph (B)(7) of rule 3745-104-42 of the Administrative Code.

(2) Offsite consequence analysis data required by paragraphs (B)(4) and (B)(9) to (B)(12) of rule 3745-104-43 of the Administrative Code;

(3) Accident history data required by rule 3745-104-44 of the Administrative Code;

(4) Prevention program data required by paragraphs (B)(6), (D), (E)(1) and (F) to (K) of rule 3745-104-45 of the Administrative Code;

(5) Prevention program data required by paragraphs (B), (D), (E)(1) and (F) to (P) of rule 3745-104-46 of the Administrative Code; and

(6) Emergency response program data required by rule 3745-104-47 of the Administrative Code.

(C) Notwithstanding the procedures specified in rule 3745-49-03 of the Administrative Code, and subject to all other requirements of this rule, an owner or operator asserting a claim for trade secret protection with respect to information contained in its RMP shall submit to Ohio EPA, at the time it submits the RMP, the following:

(1) The information claimed as trade secret, provided in a format to be specified by Ohio EPA;

(2) A sanitized (redacted) copy of the RMP, with the notation "trade secret" substituted for the information claimed as trade secret, except that a generic category or class name shall be substituted for any chemical name or identity claimed confidential; and

(3) The document or documents substantiating each claims of trade secret information as described in rule 3745-104-40 of the Administrative Code.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99

3745-104-40 Substantiating trade secret information.

(A) An owner or operator claiming that information is trade secret information must substantiate that claim by providing documentation that demonstrates that the claim meets the criteria set forth in section 1333.61 of the Revised Code, as amended.

(B) Information that is submitted as part of the substantiation may by claimed trade secret by marking it as trade secret. Information not so marked will be treated as public and may be disclosed without notice to the owner or operator. If information that is submitted as part of the substantiation is claimed as trade secret, the owner or operator must provide a sanitized and unsanitized version of the substantiation.

(C) The owner, operator, or senior official with management responsibility of the stationary source shall sign a certification that the signer has personally examined the information submitted and that based on inquiry of the persons who compiled the information, the information is true, accurate, and complete, and that those portions of the substantiation claimed as trade secret would, if disclosed, reveal trade secrets.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-41 Risk management plan: executive summary.

The owner or operator shall provide in the RMP an executive summary that includes a brief description of the following elements:

(A) The accidental release prevention and emergency response policies at the stationary source;

(B) The stationary source and regulated substances handled;

(C) The worst-case release scenario(s) and the alternative release scenario(s), including administrative controls and mitigation measures to limit the distances for each reported scenario;

(D) The five-year accident history;

(E) The emergency response program; and

(F) Planned changes to improve safety.

Effective: 07/01/2005
R.C. 119.032 review dates: 10/23/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99

3745-104-42 Risk management plan: registration.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]

(A) The owner or operator shall complete a single registration form as required by USEPA and include it in the RMP. The form shall cover all regulated substances handled in covered processes.

(B) The registration form shall include the following data:

(1) Stationary source name, street, city, county, state, zip code, latitude, and longitude, method for obtaining latitude and longitude, and description of location that latitude and longitude represent;

(2) The stationary source Dun and Bradstreet number;

(3) Name and Dun and Bradstreet number of all corporate parents;

(4) The name, telephone number, and mailing address of the owner or operator;

(5) The name and title of the person or position with overall responsibility for RMP elements and implementation, and (optional) the e-mail address for that person or position;

(6) The name, title, telephone number, and twenty-four hour telephone number, and, as of June 21, 2004, the e-mail address (if an e-mail address exists) of the emergency contact;

(7) For each covered process, the name and CAS number of each regulated substance held above the threshold quantity in the process, the maximum quantity of each regulated substance or mixture in the process (in pounds) to two significant digits, the five- or six-digit NAICS code that most closely corresponds to the process, and the program level of the process;

(8) The stationary source USEPA identifier;

(9) The number of full-time employees at the stationary source;

(10) Whether the stationary source is subject to OSHA's process safety management ( 29 CFR 1910.119 ) as adopted by reference in rule 4167-3-01 of the Administrative Code;

(11) Whether the stationary source is subject to 40 CFR Part 355 or section 3750.05 of the Revised Code and rules adopted thereunder;

(12) Whether the stationary source has a CAA Title V operating permit; and

(13) The date of the last safety inspection of the stationary source by a federal, state, or local government agency and the identity of the inspecting entity;

(14) As of June 21, 2004, the name, the mailing address, and the telephone number of the contractor who prepared the RMP (if any);

(15) Source or parent company e-mail address (optional);

(16) Source homepage address (optional);

(17) Phone number at the source for public inquiries (optional);

(18) Local emergency planning committee (optional);

(19) OSHA voluntary protection program status (optional); and

(20) As of June 21, 2004, the type and the reason for any changes being made to a previously submitted RMP; the types of changes to the RMP are categorized as follows:

(a) Updates and re-submissions required under paragraph (B) of rule 3745-104-49 of the Administrative Code;

(b) Corrections under paragraph (D) of rule 3745-104-49 of the Administrative Code or for purposes of correcting minor clerical errors, updating administrative information, providing missing data elements or reflecting facility ownership changes, and which do not require an update and re-submission as specified in paragraph (B) of rule 3745-104-49 of the Administrative Code;

(c) De-registrations required under paragraph (C) of rule 3745-104-49 of the Administrative Code; and

(d) Withdrawals of an RMP for any facility that was erroneously considered subject to this chapter.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/01/05

3745-104-43 Risk management plan: offsite consequence analysis.

(A) The owner or operator shall submit in the RMP the following information:

(1) One worst-case release scenario for each program one process; and

(2) For program two and three processes, one worst-case release scenario to represent all regulated toxic substances held above the threshold quantity and one worst-case release scenario to represent all regulated flammable substances held above the threshold quantity. If additional worst-case scenarios for toxics or flammables are required by paragraph (A)(2)(c) of rule 3745-104-10 of the Administrative Code, the owner or operator shall submit the same information on the additional scenario(s). The owner or operator of program two and three processes shall also submit information on one alternative release scenario for each regulated toxic substance held above the threshold quantity and one alternative release scenario to represent all regulated flammable substances held above the threshold quantity.

(B) For each worst case release scenario and/or alternative release scenario required by paragraph (A) of this rule, the owner or operator shall submit the following data:

(1) Chemical name of the regulated substance;

(2) Percentage weight of the chemical in a liquid mixture (toxics only);

(3) Physical state of the regulated substance (toxics only);

(4) Basis of results (give model name if used);

(5) Scenario (explosion, fire, toxic gas release, or liquid spill and vaporization);

(6) Quantity released in pounds;

(7) Release rate;

(8) Release duration;

(9) Wind speed and atmospheric stability class (toxics only);

(10) Topography (toxics only);

(11) Distance to endpoint;

(12) Public and environmental receptors within the distance;

(13) Passive mitigation considered; and

(14) Active mitigation considered (alternative releases only).

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-44 Risk management plan: five-year accident history.

The owner or operator shall submit in the RMP the information provided in paragraph (B) of rule 3745-104-16 of the Administrative Code on each accident covered by paragraph (A) of rule 3745-104-16 of the Administrative Code.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-45 Risk management plan: prevention program/program 2.

(A) For each program two process, the owner or operator shall provide in the RMP the information indicated in paragraphs (A)(1) to (A)(10) of this rule. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

(1) The five- or six-digit NAICS code that mostly closely corresponds to the process.

(2) The name(S) of the chemical(S) covered.

(3) The date of the most recent review or revision of the safety information required by rule 3745-104-17 of the Administrative Code and a list of federal or state regulations or industry-specific design codes and standards used to demonstrate compliance with the safety information requirement.

(4) The date of completion of the most recent hazard review or update and for each such review the RMP shall contain:

(a) The expected date of completion of any changes resulting from the hazard review;

(b) Major hazards identified;

(c) Process controls in use;

(d) Mitigation systems in use;

(e) Monitoring and detection systems in use; and

(f) Changes since the last hazard review.

(5) The date of the most recent review or revision of operating procedures.

(6) The date of the most recent review or revision of training programs;

(a) The type of training provided - classroom, classroom plus on the job, on the job; and

(b) The type of competency testing used.

(7) The date of the most recent review or revision of maintenance procedures and the date of the most recent equipment inspection or test and the equipment inspected or tested.

(8) The date of the most recent compliance audit and the expected date of completion of any changes resulting from the compliance audit.

(9) The date of the most recent incident investigation and the expected date of completion of any changes resulting from the investigation.

(10) The date of the most recent change that triggered a review or revision of safety information, the hazard review, operating or maintenance procedures, or training.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-46 Risk management plan: prevention program/program three.

(A) For each program three process, the owner or operator shall provide the information indicated in paragraphs (A)(1) to (A)(15) of this rule. If the same information applies to more than one covered process, the owner or operator may provide the information only once, but shall indicate to which processes the information applies.

(1) The five- or six-digit NAICS code that most closely corresponds to the process.

(2) The name(s) of the substance(s) covered.

(3) The date on which the safety information was last reviewed or revised.

(4) The date of completion of the most recent process hazard analysis as defined in rule 3745-104-25 of the Administrative Code or update and the technique used.

(a) The expected date of completion of any changes resulting from the process hazard analysis as defined in rule 3745-104-25 of the Administrative Code;

(b) Major hazards identified;

(c) Process controls in use;

(d) Mitigation systems in use;

(e) Monitoring and detection systems in use; and

(f) Changes since the last process hazard analysis as defined in 3745-104-25 of the Administrative Code.

(5) The date of the most recent review or revision of operating procedures.

(6) The date of the most recent review or revision of training programs;

(a) The type of training provided - classroom, classroom plus on the job, on the job; and

(b) The type of competency testing used.

(7) The date of the most recent review or revision of maintenance procedures and the date of the most recent equipment inspection or test and the equipment inspected or tested.

(8) The date of the most recent change that triggered management of change procedures and the date of the most recent review or revision of management of change procedures.

(9) The date of the most recent pre-startup review.

(10) The date of the most recent compliance audit and the expected date of completion of any changes resulting from the compliance audit;

(11) The date of the most recent incident investigation and the expected date of completion of any changes resulting from the investigation;

(12) The date of the most recent review or revision of employee participation plans;

(13) The date of the most recent review or revision of hot work permit procedures;

(14) The date of the most recent review or revision of contractor safety procedures; and

(15) The date of the most recent evaluation of contractor safety performance.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-47 Risk management plan: emergency response program.

(A) The owner or operator shall provide in the RMP the following information:

(1) Do you have a written emergency response plan?

(2) Does the plan include specific actions to be taken in response to an accidental release of a regulated substance?

(3) Does the plan include procedures for informing the public and local agencies responsible for responding to accidental releases?

(4) Does the plan include information on emergency health care?

(5) The date of the most recent review or update of the emergency response plan;

(6) The date of the most recent emergency response training for employees.

[Note: The owner or operator may provide yes/no answers for paragraphs (A)(1) to (A)(4) of this rule.]

(B) The owner or operator shall provide the name and telephone number of the local agency with which emergency response activities and the emergency response plan is coordinated.

(C) The owner or operator shall list in the RMP other federal or state emergency plan requirements to which the stationary source is subject.

Effective: 01/08/2010
R.C. 119.032 review dates: 10/22/2009 and 10/23/2014
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99

3745-104-48 Risk management plan: certification.

(A) For program one processes, the owner or operator shall submit in the RMP the certification statement provided in paragraph (B)(4) of rule 3745-104-06 of the Administrative Code.

(B) For all other covered processes, the owner or operator shall submit in the RMP a single certification that, to the best of the signer's knowledge, information, and belief formed after reasonable inquiry, the information submitted is true, accurate, and complete.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-49 Risk management plan: updates.

Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01oftheAdministrative Code titled "Referenced Materials."

(A) The owner or operator shall review and update the RMP as specified in paragraph (B) of this rule and submit it in a method and format to a central point that is to be specified by USEPA as of the date of submission.

(B) The owner or operator shall revise and update the RMP submitted under rule 3745-104-38 of the Administrative Code as follows:

(1) Within five consecutive years of its initial submission or each most recent update required by paragraphs (B)(2) to (B)(7) of this rule, whichever is later, and every five consecutive years thereafter. For purposes of determining the date of initial submissions, RMPs submitted before June 21, 1999 are considered to have been submitted on that date;

(2) No later than three years after a newly regulated substance is first listed in 40 CFR part 68 by USEPA;

(3) No later than the date on which a new regulated substance is first present in an already covered process above a threshold quantity;

(4) No later than the date on which a regulated substance is first present above a threshold quantity in a new process;

(5) Within six months of a change that requires a revised PHA or hazard review;

(6) Within six months of a change that requires a revised offsite consequence analysis as provided in rule 3745-104-14 of the Administrative Code; and

(7) Within six months of a change that changes the applicability level of the process as defined in rule 3745-104-05 of the Administrative Code.

(C) Within six months of the date a stationary source is no longer subject to this rule, the owner or operator shall submit a de-registration to USEPA indicating that the stationary source is no longer covered.

(D) The owner or operator shall correct the RMP as follows:

(1) New accident history information. For any accidental release meeting the five-year accident history reporting criteria of rule 3745-104-16 of the Administrative Code and occurring after April 9, 2004, the owner or operator shall submit the data required under rule 3745-104-44 , paragraph (A)(9) of rule 3745-104-45 and paragraph (A)(11) of rule 3745-104-46 of the Administrative Code with respect to that accident within six months of the release or by the time the RMP is updated under paragraph (B) of this rule.

(2) Emergency contact information. Beginning June 21, 2004, within one month of any change in the emergency contact information required under paragraph (B)(6) of rule 3745-104-42 , the owner or operator shall submit a correction of that information.

Effective: 01/08/2010
R.C. 119.032 review dates: 03/07/2005 and 07/01/2010
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/1/05

3745-104-50 Recordkeeping.

The owner or operator shall maintain records supporting the implementation of this chapter for five years from the date the record was generated unless otherwise provided in rules 3745-104-24 to 3745-104-35 of the Administrative Code.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-51 Availability of information to the public.

The RMP required in rules 3745-104-38 to 3745-104-49 of the Administrative Code shall be available to the public under section 149.43 of the Revised Code.

R.C. 119.032 review dates: 10/23/2009 and 10/23/2014

Promulgated Under: 119.03

Statutory Authority: 3753.02

Rule Amplifies: 3753

Prior Effective Dates: 8/13/99

3745-104-52 Permit content and air permitting authority or designated agency requirements.

Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01oftheAdministrative Code titled "Referenced Materials."

(A) These requirements apply to any stationary source subject to this chapter and Chapter 3745-77 of the Administrative Code or 40 CFR Part 71. The Title V or 40 CFR Part 71 permit for the stationary source shall contain:

(1) A statement listing this chapter as an applicable requirement;

(2) Conditions that require the source owner or operator to submit:

(a) A compliance schedule for meeting the requirements of this part by the date provided in rule 3745-104-05 of the Administrative Code or;

(b) As part of the compliance certification submitted under paragraph (C)(10)(e) of rule 3745-77-03 of the Administrative Code, a certification statement that the source is in compliance with all requirements of this chapter, including the registration and submission of the RMP.

(B) The owner or operator shall submit any additional relevant information requested by Ohio EPA.

(C) For Title V or 40 CFR part 71 permits that are issued prior to the deadline for registering and submitting the RMP and that do not contain permit conditions described in paragraph (A) of this rule, the owner or operator or the director shall initiate permit revision or reopening according to the procedures of rule 3745-77-08 of the Administrative Code or 40 CFR 71.7 to incorporate the terms and conditions consistent with paragraph (A) of this rule.

Effective: 01/08/2010
R.C. 119.032 review dates: 03/07/2005 and 07/01/2010
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 7/1/05

3745-104-53 Fees.

Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-104-01oftheAdministrative Code titled "Referenced Materials."

(A) Except as provided in paragraph (D) of this rule, an owner or operator who is required to submit a risk management plan under this chapter shall pay annually to Ohio EPA a fee of fifty dollars together with any of the following applicable fees:

(1) A fee of sixty-five dollars if a covered process in the stationary source includes propane and propane is the only regulated substance at the stationary source over the threshold quantity;

(2) A fee of sixty-five dollars if a covered process in the stationary source includes anhydrous ammonia that is sold for use as an agricultural nutrient and is on-site over the threshold quantity;

(3) A fee of two hundred dollars for each regulated substance over the threshold quantity in a covered process. Propane shall be considered a regulated substance subject to the fee levied under this paragraph if it is not the only regulated substance over the threshold quantity. Anhydrous ammonia shall be considered a regulated substance subject to the fee levied under this paragraph. if it is not sold for use as an agricultural nutrient.

(B) The fees assessed under this rule for the year 1999 shall be collected no later than January 3, 2000. Each year thereafter, the fees shall be collected no later than September first of each subsequent year. The fees assessed for a stationary source shall be based upon the regulated substances present over the threshold quantity identified in the risk management plan on file as of June twenty-first for calendar year 1999 and for each subsequent calendar year as of September first.

(C) An owner or operator who is required to submit a risk management plan under this chapter and who fails to submit such a plan within thirty days after the applicable filing date prescribed in paragraph (B) of this rule shall submit with the risk management plan a late filing fee of three per cent of the total fees due under paragraph (A) of this rule.

(D) This rule does not apply to the owner or operator of a business that employs one hundred or fewer individuals and is a small business concern as defined in the "Small Business Act," 15 USC. 632 .

Effective: 01/08/2010
R.C. 119.032 review dates: 03/07/2005 and 07/01/2010
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753
Prior Effective Dates: 8/13/99, 3/09/01, 7/1/05