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