3745-352-10 What is the "Cessation of Regulated Operations" program and how do I determine whether the "CRO rules" apply to a facility?.

(A) What is the "Cessation of Regulated Operations" (CRO) program? The CRO program is a set of laws, and other documents used to administer and enforce those laws, designed to prevent companies from abandoning facilities where regulated substances were used, stored or treated. The laws require the responsible parties to secure these facilities until all regulated substances are properly removed.

(B) Why did lawmakers develop the CRO program? Unfortunately, sometimes people abandon industrial properties where dangerous chemicals were used, stored or treated. These abandoned factories and warehouses are attractive playgrounds for children, and the results can be tragic. Abandoned sites also can be damaging to the environment and can lead to long, expensive cleanups.

(C) How do I determine whether the "CRO rules" apply to a facility? You must make this determination by using the following information:

(1) If the facility is a "reporting facility" as defined in rule 3745-352-05 of the Administrative Code, and what has occurred or will occur at the facility meets the definition of "cessation of regulated operations" in rule 3745-352-05 of the Administrative Code, then the "CRO rules" apply to the facility.

(2) If the facility is exempt from the "CRO rules" [see paragraph (D) of this rule], then the "CRO rules" do not apply to the facility.

 
 

(D) What types of facilities are exempt from the "CRO rules"? The "CRO rules" do not apply to any of the following:

(1) Oil or gas production operations regulated under Chapter 1509. of the Revised Code and rules adopted under it;

(2) Equipment, petroleum, or piping owned or operated by a public utility as defined in section 4905.02 of the Revised Code or other electric light company as defined in section 4905.03 of the Revised Code or by a subsidiary of such a public utility or electric light company;

(3) Any tank or underground storage tank system regulated under sections 3737.87 to 3737.98 of the Revised Code and rules adopted under them;

(4) Any facility that is not subject to section 3750.07 or 3750.08 of the Revised Code on or after July 1, 1996.

(5) Any facility that was not subject to section 3750.07 or 3750.08 of the Revised Code for the three consecutive years prior to ceasing regulated operations.

Effective: 04/08/2012
R.C. 119.032 review dates: 12/30/2011 and 08/30/2016
Promulgated Under: 119.03
Statutory Authority: 3752.03
Rule Amplifies: 3752.02 , 3752.04
Prior Effective Dates: 09/30/1996, 02/20/2001, 10/14/2006