Chapter 3750-20 Emergency Planning

3750-20-01 Facilities subject to emergency planning requirements.

(A) A facility that meets either of the following criteria is subject to emergency planning requirements of section 3750.05 of the Revised Code:

(1) Which has an extremely hazardous substance present in an amount equal to or exceeding the threshold planning quantity as established under rule 3750-20-10 of the Administrative Code.

For purpose of this rule, an amount of any extremely hazardous substance means the total amount of an extremely hazardous substance present at the facility at any one time in concentrations greater than one per cent by weight, regardless of location, number of containers, or method of storage.

(2) Which has been designated as an additional facility pursuant to section 3750.05 of the Revised Code.

(B) For purposes of this rule nothing herein shall exclude or excludes an agricultural producer otherwise subject to the requirements of paragraph (A)(1) or (A)(2) of this rule.

Effective: 01/02/2007
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1) , 3750.02(B)(2)
Rule Amplifies: 3750.05
Prior Effective Dates: 6/30/90

3750-20-05 Emergency planning requirements of subject facilities.

(A) The owner or operator of a facility subject to rule 3750-20-01 of the Administrative Code shall designate a facility representative who will participate in the local emergency planning process as a facility emergency coordinator. The owner or operator shall notify the committee of the facility representative within thirty days after establishment of the committee or within sixty days of the facility first being subject to regulation under rule 3750-20-01 of the Administrative Code, whichever is later.

(B) The owner or operator of a facility subject to this rule shall inform the committee of any changes occurring at the facility which may be relevant to emergency planning.

(C) Upon request of the committee having jurisdiction over the facility, the owner or operator of a facility subject to this rule shall promptly provide to the committee any information necessary for development or implementation of the chemical emergency response and prepardness plan for the district.

Effective: 01/02/2007
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1) , 3750.02(B)(2)
Rule Amplifies: 3750.05
Prior Effective Dates: 6/30/90

3750-20-10 Calculation of quantities for comparison with threshold planning quantities for solids and mixtures.

(A) If a container or storage vessel holds a mixture or solution of an extremely hazardous substance, then the concentration of extremely hazardous substance, in weight per cent (greater than one per cent), shall be multiplied by the mass (in pounds) in the vessel to determine the actual quantity of extremely hazardous substance therein.

(B) Extremely hazardous substances that are solids are subject to either of two threshold planning quantities as shown in or referenced by rule 3750-20-30 of the Administrative Code(e.g., five hundred/ten thousand pounds). The lower (five hundred) threshold planning quantity applies only if the solid exists in powdered form and has a particles size less than one hundred microns; or is handled in solution or in molten form; or meets the criteria for a National Fire Protection Association (NFPA) rating of two, three or four for reactivity. If the solid does not meet any of these criteria, it is subject to the upper (ten thousand pound) threshold planning quantity as shown in or referenced by rule 3750-20-30 of the Administrative Code.

(C) The one hundred micron level may be determined by multiplying the weight per cent of solid with a particle size less than one hundred microns in a particular container by the quantity of solid in the container.

(D) The amount of solid in solution may be determined by multiplying the weight per cent of solid in the solution in a particular container by the quantity of solution in the container.

(E) The amount of solid in molten form must be multiplied by 0.3 to determine whether the lower threshold planning quantity is met.

(F) For purposes of this rule "mixture" means a heterogeneous association of substances where the various individual substances retain their identities and can usually be separated by mechanical means. Includes solutions or compounds but does not include alloys or amalgams.

Effective: 01/02/2007
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1) , 3750.02(B)(2)
Rule Amplifies: 3750.07
Prior Effective Dates: 6/30/90

3750-20-30 List of extremely hazardous substances and their threshold planning quantities.

[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 last paragraph of rule 3750-1-01 of the Administrative Code titled"Incorporation by reference."]

(A) Extremely hazardous substances and their applicable threshold planning quantities and reportable quantities are those substances and quantities listed by the administrator of USEPA under 40 CFR Part 355, Appendices A and B.

(B) Extremely hazardous substances and their applicable threshold planning quantities and reportable quantities are those substances and quantities listed below by the commission pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code.

Effective: 01/02/2007
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1) , 3750.02(B)(2)
Rule Amplifies: 3750.07
Prior Effective Dates: 6/30/90, 9/20/91

3750-20-50 List of hazardous substances and their applicable reportable quantities.

[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 last paragraph of rule 3750-1-01 of the Administrative Code titled"Incorporation by reference."]

(A) Hazardous substances and their applicable reportable quantities are those substances and quantities listed by the administrator of USEPA under 40 CFR Part 302, Table 302.4

(B) Hazardous substances and their applicable reportable quantities and those substances and quantities listed below by the commission pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code.

Effective: 01/02/2007
R.C. 119.032 review dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1) , 3750.02(B)(2)
Rule Amplifies: 3750.07
Prior Effective Dates: 6/30/90

3750-20-60 Addition of hazardous chemicals, extremely hazardous substances and hazardous substances.

(A) The commission, pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code, may identify extremely hazardous substances in addition to those listed in paragraph (A) of rule 3750-20-30 of the Administrative Code, establish the threshold planning quantities and reportable quantities for the additional extremely hazardous substance, and list such substances in paragraph (B) of rule 3750-20-30 of the Administrative Code.

(B) The commission, pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code, may identify hazardous chemicals in addition to those meeting the criteria of rule 3750-30-25 of the Administrative Code, establish threshold quantities and categories of health or physical hazards for the additional hazardous chemicals and shall list such chemicals in paragraph (B) of rule 3750-30-25 of the Administrative Code.

(C) The commission, pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code, may identify hazardous substances in addition to those listed in rule 3750-20-50 of the Administrative Code, establish reportable quantities for the additional hazardous substances and shall list such substances in paragraph (B) of rule 3750-20-50 of the Administrative Code.

R.C. 119.032 review dates: 01/12/2009 and 01/12/2014

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(C)(5)

Rule Amplifies: 3750.02(B)(4) , 3750.02(C)(5)

Prior Effective Dates: 6/30/90, 8/20/04.

3750-20-70 Exercise definitions.

As used in the exercise rules:

(A) "Actual event" means a reportable release as defined by section 3750.06 of the Revised Code and rules adopted thereunder, for which exercise credit is being requested.

(B) "Primary emergency operations center" (EOC) means a fixed facility that is identified in the state's or the district's "chemical emergency response and preparedness plan" and that must be the same primary EOC identified in the state or local emergency operations plan. The facility must be capable of accommodating essential municipal, county, state, federal, and private representatives who are identified in the state's or the district's "chemical emergency response and preparedness plan." The facility must also be physically equipped to accommodate all participants' needs, as identified in the EOC requirements list found in the "Ohio Hazardous Materials Exercise Evaluation Manual" (OHM-EEM). An EOC's essential functions are:

(1) Gathering and displaying information;

(2) Coordination and decision-making;

(3) Establishment of response and recovery priorities;

(4) Identification and coordination of resources;

(5) Providing centralized direction, control, and warning for response and recovery actions;

(6) Supporting field operations; and

(7) Establishing and maintaining communications with field and support agencies.

(C) "Alternate emergency operations center" (EOC) means a fixed facility which meets all of the criteria in paragraph (B) of this rule and which can be used when the primary EOC is not available or geographic considerations make the alternate EOC more capable of accomplishing the essential functions of the primary EOC.

(D) "Exercise objective" means the list of criteria used to evaluate a specific operations function. Exercise objectives are identified by the commission in the OHM-EEM.

(E) "Operational capability" means the ability of emergency personnel to respond to individual chemical hazards in a manner which minimizes adverse effects upon the public, property, and the environment in compliance with applicable federal, state, and local statutes and regulations.

(F) "Points of review" means those individual points identified in each exercise objective which are collectively used to evaluate the demonstration of a specific objective during an exercise, as established by the commission in the OHM-EEM.

R.C. 119.032 review dates: 06/29/2009 and 06/29/2014

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(2)(a) , 3750.02(B)(2)(b)

Rule Amplifies: 3750.04

Prior Effective Dates: 1/16/1991, 10/1/1998, 5/15/2004

3750-20-72 Chemical emergency response plans.

For guidance in preparation of chemical emergency response and preparedness plans, The commission and each committee shall use, at a minimum, the "Ohio Hazardous Materials Plan Development and Evaluation Document," adopted, updated, and supplemented by the commission, as authorized by Chapter 3750. of the Revised Code

R.C. 119.032 review dates: 06/29/2009 and 06/29/2014

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(2)(a) , 3750.02(B)(2)(b)

Rule Amplifies: 3750.04

Prior Effective Dates: 1/16/1991, 10/1/1998

3750-20-74 Review of plans.

(A) The commission has designated the Ohio emergency management agency to conduct initial and annual plan reviews required by division (B) of section 3750.04 of the Revised Code. The Ohio emergency management agency will utilize the commission approved "Ohio Hazardous Materials Plan Development and Evaluation Document" in plan evaluation.

(1) Each chemical emergency response and preparedness plan submitted to the commission shall have a table of contents describing the location of the minimum plan requirements as identified in division (A) of section 3750.04 of the Revised Code.

(2) The commission shall provide to the committees the commission approved document as guidance in the development of the committee's chemical emergency response and preparedness plan.

(3) Following the committee's review of its plan, the committee will submit the plan to the Ohio emergency management agency.

(4) The Ohio emergency management agency will review the committee's plan against the thirteen plan requirements listed in division (A) of section 3750.04 of the Revised Code and the commission-approved "Ohio Hazardous Materials Plan Development and Evaluation Document."

(5) The Ohio emergency management agency will prepare a report listing plan review findings and submit the report to the commission, recommending concurrence or refusal to concur with the plan.

(B) The commission shall require that each plan contain all of the minimum plan requirements identified in section 3750.04 of the Revised Code and the rules adopted thereunder for a determination and issuance of an order of concurrence, pursuant to section 3750.18 of the Revised Code

(C) The commission shall refuse to concur with a plan that does not contain all of the minimum plan requirements identified in section 3750.04 of the Revised Code and issue the appropriate order pursuant to section 3750.18 of the Revised Code

(D) Upon receipt of an order refusing to concur with a plan, the committee shall have sixty days to submit a modified plan that complies with the requirements set forth in section 3750.04 of the Revised Code.

R.C. 119.032 review dates: 06/29/2009 and 06/29/2014

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(2)(a) , 3750.02(B)(2)(b)

Rule Amplifies: 3750.04 , 3750.18

Prior Effective Dates: 1/16/1991, 11/1/1993, 10/1/1998

3750-20-76 Types of exercises.

(A) The following types of exercises shall be employed by each committee and the commission subject to the annual exercise requirement of their chemical emergency response and preparedness plans under divisions (A)(12) and (C) of section 3750.04 of the Revised Code and division (B)(13) of section 3750.02 of the Revised Code for the commission.

(1) A "tabletop exercise" is an activity in which commission, committee, planning district, local emergency management personnel, elected or appointed officials, and other individuals with emergency responsibilities are gathered together to discuss planned response to various simulated emergency situations. Using existing plans, the exercise is designed to elicit constructive discussion by the participants as they examine and attempt to resolve response problems. The purpose is for participants to evaluate plans and to resolve questions of coordination and assignment of responsibilities throughout the exercise. Each tabletop exercise shall demonstrate at least three but no more than five of the objectives defined in paragraph (D) of rule 3750-20-70 of the Administrative Code.

(2) A "functional exercise" is an activity designed to test or evaluate the operational capability of an individual function, or complex activities within a function of emergency response. This type of exercise is applicable where the response activity is capable of being evaluated in isolation from other emergency management activities. A functional exercise fully tests specific functions of the committee's chemical emergency response and preparedness plan. An EOC or command post is activated and used to demonstrate the use of command structure. Each functional exercise shall physically demonstrate at least four but no more than seven of the objectives defined in paragraph (D) of rule 3750-20-70 of the Administrative Code.

(3) A "full-scale exercise" is an activity intended to evaluate the operational capability of the overall emergency management systems in an interactive manner. A full-scale exercise involves the testing of a majority of the functions of the committee's chemical emergency response and preparedness plan. A full-scale exercise requires actual field play that includes mobilization and actual deployment of emergency personnel and resources required to demonstrate coordination and response capabilities. An EOC or command post shall be activated to coordinate operational field capabilities. Each full-scale exercise shall physically demonstrate eight or more of the objectives as defined in paragraph (D) of rule 3750-20-70 of the Administrative Code.

(B) The response to an actual hazardous materials incident may qualify as an exercise. In order to qualify, the committee must submit, within thirty days of the completion of the response to the incident, a completed "LEPC Exercise Notice Form" identifying the exercise objectives which were demonstrated by the actual response. Upon receipt of the "LEPC Exercise Notice Form," the Ohio emergency management agency will contact the committee to schedule a meeting to conduct an interview of all principal participants to determine whether or not the identified exercise objectives were successfully tested.

R.C. 119.032 review dates: 06/29/2009 and 06/29/2014

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(2)(a) , 3750.02(B)(2)(b)

Rule Amplifies: 3750.02 , 3750.04

Prior Effective Dates: 1/16/1991, 11/1/1993, 10/1/1998, 5/15/2004

3750-20-78 Execution of exercises.

(A) The commission shall use a recurring four-year exercise cycle which began on July 1, 1993. For purposes of this rule, "year" means the state fiscal year.

(B) The commission, under division (B)(13) of section 3750.02 of the Revised Code, and each committee subject to the annual exercise of their chemical emergency response and preparedness plan under divisions (A)(12) and (C) of section 3750.04 of the Revised Code shall conduct a minimum of one full-scale exercise within each four-year exercise cycle.

(C) An EOC, as identified in the committee's chemical emergency response and preparedness plan must be fully activated and evaluated a minimum of once within each four-year exercise cycle.

(D) The commission and each committee shall have the option of conducting a tabletop exercise, functional exercise, or full-scale exercise, as defined in paragraphs (A)(1) to (A)(3) of rule 3750-20-76 of the Administrative Code to fulfill the requirement of an annual exercise the remaining three years of each four-year exercise cycle.

(E) During each four-year exercise cycle, the commission and each committee shall demonstrate at a minimum, all exercise objectives identified in the OHM-EEM.

(F) During each four-year exercise cycle, the commission and each committee shall follow all written procedures identified in the OHM-EEM.

(G) No more than two actual incidents may be used as an exercise during each four-year exercise cycle.

(H) Each exercise of a committee's plan according to division (B)(2)(b) of section 3750.02 of the Revised Code, shall involve, in addition to local emergency response and medical personnel, either a facility that is subject to the plan or a transporter of hazardous materials as defined by regulations adopted under the "Hazardous Materials Transportation Act" 88 Stat. 2156, 49 U.S.C.1801(1976), as amended. For facility incidents, chemicals used in exercises can be any hazardous chemical on site as defined under the "Occupational Safety and Health Act of 1970," 84 Stat. 1590, 29 U.S.C. 651 as amended and the regulations adopted under it. For transportation incidents, chemicals used in exercises must be a regulated chemical cargo load governed by the "Hazardous Materials Transportation Act."

R.C. 119.032 review dates: 06/29/2009 and 06/29/2014

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(2)(a) , 3750.02(B)(2)(b)

Rule Amplifies: 3750.04

Prior Effective Dates: 1/16/1991, 11/1/1993, 10/1/1998, 5/15/2004

3750-20-80 Review of exercises.

(A) The commission has designated the Ohio emergency management agency to observe and conduct reviews of the annual exercise of each committee's chemical emergency response and preparedness plan required by division (C) of section 3750.04 of the Revised Code.

(B) An annual exercise review by the commission shall be limited to those committees that have submitted a chemical emergency response and preparedness plan which has been reviewed by the commission.

(C) The Ohio emergency management agency will produce a report on each exercise observed and submit the report to the commission. Each report shall be based on the direct observation of the exercise and the evaluator's findings. Each report shall include, but is not limited to the following:

(1) A synopsis or general statement on the results of the exercise; and,

(2) Specific comments on any point of review within each selected exercise objective which was not adequately demonstrated; and,

(3) Recommendations for plan improvements and corrective actions for those points of review within each selected exercise objective not adequately demonstrated; and,

(4) A recommendation to either concur with the exercise or require a corrective action plan.

(D) If an evaluator determines that an exercise has not adequately demonstrated a majority of the points of review within any of the selected exercise objectives, the Ohio emergency management agency shall provide the committee with a copy of its report and shall notify the committee by letter that it is required to develop a corrective action plan.

(E) The committee shall have sixty days from the date of the notification letter to develop and submit a corrective action plan to the Ohio emergency management agency. The corrective action plan shall address actions taken or to be taken to correct unmet points of review within those exercise objectives identified in the exercise report as not adequately demonstrated. The corrective action plan will be reviewed by the Ohio emergency management agency and upon completion of this review, the corrective action plan, along with an executive summary, and the exercise report will be submitted to the commission for consideration.

(F) To qualify the response to an actual event as an annual exercise under divisions (A)(12) and (C) of section 3750.04 of the Revised Code, the committee shall notify the Ohio emergency management agency, within thirty days of the response to the actual event, of the committee's intent to use the actual event in lieu of conducting an annual exercise. The Ohio emergency management agency will schedule a meeting with the committee for the purpose of interviewing response participants, document the interview findings, and develop an exercise report as described in paragraph (C) of this rule.

R.C. 119.032 review dates: 06/29/2009 and 06/29/2014

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(2)(a) , 3750.02(B)(2)(b) , 3750.18

Rule Amplifies: 3750.04 , 3750.18

Prior Effective Dates: 1/16/1991, 11/1/1993, 10/1/1998

3750-20-82 Issuance of exercise order by commission.

(A) When the commission receives a report prepared in accordance with paragraph (C) of rule 3750-20-80 of the Administrative Code that an exercise demonstrated a majority of the points of review within each selected exercise objective, the commission shall issue an order of concurrence

(B) When a committee is required to submit a corrective action plan in accordance with paragraphs (D) and (E) of rule 3750-20-80 of the Administrative Code, the commission shall issue one of the following orders:

(1) An order of concurrence with the exercise if the corrective action plan was submitted within sixty days and sets forth actions taken or to be taken to correct unmet points of review within those exercise objectives identified in the exercise report as not adequately demonstrated.

(2) An order refusing to concur with the exercise if the corrective action plan is not submitted within sixty days or does not set forth actions taken or to be taken to correct unmet points of review within those exercise objectives identified in the exercise report as not adequately demonstrated.

R.C. 119.032 review dates: 06/29/2009 and 06/29/2014

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(2)(a) , 3750.02(B)(2)(b) , 3750.18

Rule Amplifies: 3750.04 , 3750.18

Prior Effective Dates: 1/16/1991, 11/1/1993, 10/1/1998

3750-20-84 Public review of plan exercises.

(A) The exercise review report from each full-scale exercise shall be made available to the public of the respective planning district in the form of a public critique.

(B) Each committee shall discuss the conduct and review of each full-scale exercise at a meeting open to the public in accordance with section 121.22 of the Revised Code. Discussions may be held at a regularly scheduled committee meeting or at a separately advertised special meeting. The meeting will include discussion of issues concerning the exercise and public commentary.

R.C. 119.032 review dates: 06/29/2009 and 06/29/2014

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(2)(a) , 3750.02(B)(2)(b)

Rule Amplifies: 3750.04

Prior Effective Dates: 1/16/1991, 10/1/1998