Chapter 3750-25 Emergency Release Notification

3750-25-01 Facilities subject to emergency release notification 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 (YY) of rule 3750-1-01 of the Administrative Code titled " Referenced materials." ]

(A) A facility as defined in paragraph (Q) of rule 3750-1-01 of the Administrative Code that meets both of the following criteria is subject to the release notification reporting requirements of section 3750.06 of the Revised Code:

(1) Where a hazardous chemical is produced, used or stored; and

(2) From which there is a release of an extremely hazardous substance or hazardous substance or oil in a quantity equal to or exceeding the applicable reportable quantity established under rules 3750-20-30 , 3750-20-50 , and 3750-25-20 of the Administrative Code.

(B) Release notification reporting requirements of 3750.06 of the Revised Code are not required for:

(1) Any release of an extremely hazardous substance, hazardous substance, or oil from a facility that results in exposure to persons solely within the site or sites on which the facility is located.

"Site" for purposes of this section includes facility as defined in paragraph (Q) of rule 3750-1-01 of the Administrative Code, in addition to the surrounding property within the boundaries of the facility.

(2) Any release which is a "federally permitted release" as defined in section 101(10) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

(3) Any release that is:

(a) Continuous and stable in quantity and rate under definitions in paragraph (B) of rule 3750-25-15 of the Administrative Code. Exemptions from notification under this paragraph does not include exemption from:

(i) Initial notification as defined under paragraphs (D)(1) and (D)(2) of rule 3750-25-15 of the Administrative Code.

(ii) Notification of statistically significant increase, as defined in paragraph (B) of rule 3750-25-15 of the Administrative Code as any increase above the upper bound of the reported normal range which is to be submitted to the emergency coordinator for the committee for any area likely to be affected by the release and to the state emergency response commission of any state like to be affected by the release;

(iii) Notification of a "new release" as defined in paragraph (D)(4)(a) of the 3750-25-15 of the Administrative Code; or

(iv) Notification of change in the normal range of release as required under paragraph (D)(5) of rule 3750-25-15 of the Administrative Code.

(4) Any release of a pesticide product exempt from reporting under Section 103(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA);

(5) Any release not meeting the definition of release as defined in paragraph (FF) of the rule 3750-1-01 of the Administrative Code and therefore exempt from reporting under section 3750.06 of the Revised Code.

(6) Any radionuclide release which occurs:

(a) Naturally occurring in soil from land holdings such as parks, golf courses, or other large tracks of land;

(b) Naturally from the disturbance of land for purposes of mining such as for agricultural or construction activities;

(c) From dumping of coal and coal ash at utility and industrial facilities with coal-fired boilers; and

(d) From coal and coal ash piles at utility and industry facility with coal-fired boilers.

(7) Any release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in Atomic Energy Act of 1954, if the release is subject to the requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of The Atomic Energy Act of 1954.

(8) For purposes of section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or any other response action, any release of source, byproduct, or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978.

(9) Any discharges of oil from a properly functioning vessel engine as set forth under 40 CFR Part 110.5 . However, discharges of such oil accumulated in a vessel's bilges shall not be so exempt from reporting under section 3750.06 of the Revised Code.

(10) Any emissions from engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine.

(11) Any controlled application of oil for the purpose of constructing, repairing or maintaining a roadway, public path, or parking lot. This exemption does not apply to any oil which leaves the roadway, public path, or parking lot in a reportable quantity established in rule 3750-25-20 of the Administrative Code.

(12) Any emergency release of aviation fuel from an aircraft that is in compliance with current applicable federal aviation administration guidelines for such releases.

(13) Any release in amounts less than one thousand pounds per twenty four hours of:

(a) Nitrogen oxide to the air that is the result of combustion and combustion-related activities.

(b) Nitrogen dioxide to the air that is the result of combustion and combustion-related activities.

(C) Release notification reporting requirements of section 3750.06 of the Revised Code are required for oil as defined in paragraph (AA) of rule 3750-1-01 of the Administrative Code and set forth under rule 3750-25-25 of the Administrative Code.

Effective: 10/29/2011
R.C. 119.032 review dates: 08/10/2011 and 10/29/2016
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(j)
Rule Amplifies: 3750.01
Prior Effective Dates: 7/30/90, 6/30/93, 12/31/94, 9/1/98, 6/5/06, 6/18/07

3750-25-05 Designation of hazardous 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 (YY) of rule 3750-1-01 of the Administrative Code titled " Referenced materials" .]

(A) Listed hazardous substances.

The elements and compounds and hazardous waste identified under rule 3750-20-50 of the Administrative Code are designated as hazardous substances for purposes of this rule.

(B) Unlisted hazardous substances.

A solid waste, as defined in 40 CFR Part 261.2, which is not excluded from regulation as a hazardous waste under 40 CFR Part 261.4(b), is a hazardous substance for purposes of this rule if it exhibits any of the characteristics identified in 40 CFR Part 261.20 to Part 261.24.

Effective: 10/29/2011
R.C. 119.032 review dates: 08/10/2011 and 10/29/2016
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)
Rule Amplifies: 3750.06
Prior Effective Dates: 6/30/93, 6/5/06

3750-25-10 Determination of reportable quantities for hazardous 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 (YY) of rule 3750-1-01 of the Administrative Code titled " "Referenced materials." ]

(A) Listed hazardous substances.

The quantity listed in the column entitled "Final RQ" for each substance in 40 CFR Part 302 Table 302.4, or in Appendix B to Table 302.4 is the reportable quantity (RQ) for that substance. The table and appendix has been incorporated by reference under paragraph (A) of rule 3750-20-50 of the Administrative Code. The RQs in 40. CFR Part 302 Table 302.4 are in units of pounds based on chemical toxicity, while the RQs in 40 CFR Part 302 Appendix B to Table 302.4 are in units of curies based on radiation hazard. Whenever the RQs in 40 CFR Part 302 Table 302.4 and Appendix B to the table are in conflict, the lowest RQ shall apply.

(B) Unlisted hazardous substances.

Unlisted hazardous substances designated by 40 CFR Part 302 Table 302.4 have the reportable quantity of one hundred pounds, except for those unlisted hazardous wastes which exhibit extraction procedure "Toxic Characteristic Leaching Procedure" (TCLP) toxicity identified in 40 . CFR Part 261.24. Unlisted hazardous wastes which exhibit TCLP toxicity have the reportable quantities listed in 40 . CFR Part 302 Table 302.4 for the contaminant on which the characteristic of TCLP toxicity is based. The reportable quantity applies to the waste itself, not merely to the toxic contaminant. If an unlisted hazardous waste exhibits TCLP toxicity on the basis of more than one contaminant, the reportable quantity for that waste shall be the lowest of the reportable quantities listed in 40 CFR Part 302 Table 302.4 for those contaminants. If an unlisted hazardous waste exhibits the characteristic of TCLP toxicity and one or more of the other characteristics referenced in 40 . CFR Part 302 Table 302.4, the reportable quantity for that waste shall be the lowest of the applicable reportable quantities.

Effective: 10/29/2011
R.C. 119.032 review dates: 08/10/2011 and 10/29/2016
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)
Rule Amplifies: 3750.06
Prior Effective Dates: 6/30/93, 6/5/06

3750-25-12 Determining notification requirements of mixtures or solutions.

(A) An owner or operator of a facility or vessel from which a release of mixtures or solutions (including hazardous waste streams) of hazardous substances, except for radionuclides, is subject to the release notification requirements as set forth under rule 3750-25-25 of the Administrative Code if:

(1) The quantity of all of the hazardous waste constituent(s) of the mixture or solution is known, notification is required where a reportable quantity or more of any hazardous constituents is released; or

(2) The quantity of one or more of the hazardous constituent(s) of the mixture or solution is unknown, notification is required where the total amount of the mixture or solution released equals or exceeds the reportable quantity for the hazardous constituent with the lowest reportable quantity.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(c)
Rule Amplifies: 3750.06
Prior Effective Dates: 6/30/93

3750-25-13 Release notification requirements for radionuclides and solid particles.

(A) An owner or operator of a facility or vessel from which a release of radionuclides occurred is subject to the release notification requirements as set forth under rule 3750-25-25 of the Administrative Code only in the following circumstances:

(1) If the identity and quantity (in curies) of each radionuclide in a released mixture or solution is known, the ratio between the quantity released (in curies) and the reportable quantity for the radionuclide must be determined for each radionuclide. The only such releases subject to the release notification requirements as set forth under rule 3750-25-25 of the Administrative Code are those in which the sum of the ratios for the radionuclides in the mixture or solution released is equal or greater than one.

(2) If the identity of each radionuclide in a released mixture or solution is known but the quantity released (in curies) of one or more of the radionuclides in unknown, the only such release subject to the release notification requirements as set forth under rule 3750-25-25 of the Administrative Code are those in which the total quantity(in curies) of the mixture or solution released is equal to or greater than the lowest reportable quantity of any individual radionuclide in the mixture or solution.

(3) If the identity of one or more radionuclides in a released mixture or solution is unknown (or if the identity or a radionuclide released by itself is unknown), the only such releases subject to the release notification requirements as set forth under rule 3750-25-25 of the Administrative Code, are those in which the total quantity(in curies) released is equal to or greater than either one curie or the lowest reportable quantity of any known individual radionuclide in the mixture or solution, whichever is lower.

(B) The following categories of releases are exempt from the release notification requirements set forth under rule 3750-25-25 of the Administrative Code:

(1) Releases of those radionuclides that occur naturally in the soil from land holdings such as parks, golf courses, or other large tracts of land;

(2) Release of radionuclides occurring naturally from the disturbance of land for purposes other than mining, such as for agricultural or construction activities;

(3) Releases of radionuclides from the dumping of coal and coal ash at utility and industrial facilities with coal-fired boilers; and,

(4) Releases of radionuclides from coal and coal ash piles at utility and industrial facilities with coal-fired boilers.

(C) Except for the releases of radionuclides, notification of release of a reportable quantity of solid particles of antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, or zinc is not required if the mean diameter of the particles released is larger than 100 micrometers ( 0.004 inches).

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(c)
Rule Amplifies: 3750.06
Prior Effective Dates: 6/30/93

3750-25-15 Calculations for reportable quantities of continuous releases.

[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 (YY) of rule 3750-1-01 of the Administrative Code titled " Referenced materials." ]

(A) Except as provided in paragraph (C) of this rule, no release notification shall be required under rule 3750-25-25 of the Administrative Code for any release of a hazardous substance that is pursuant to the definitions in paragraph (B) of this section continuous and stable in quantity and rate.

(B) The following terms are defined terms which apply this section of release notification of continuous releases:

(1) "Continuous" or "continuous release" means a release that occurs without interruption or abatement or that is routine, anticipated, and intermittent and incidental to normal operations or treatment processes.

(2) "Normal range" means all releases (in pounds or kilograms) of a hazardous substance reported or occurring over any twenty-four hour period under normal operating conditions during the preceding year. Only releases that are both continuous and stable in quantity and rate may be included in the normal range.

(3) "Routine" means a release that occurs during normal operating procedures or processes.

(4) "Stable in quantity and rate" means a release that is predictable and regular in amount and rate of emission.

(5) "Statistically significant increase" means a release is an in the quantity of the hazardous substances released above the upper bound of the reported normal range of the release.

(C) The owner or operator of the facility or vessel shall establish a sound basis for qualifying the release as a continuous release by:

(1) Using release data, engineering estimates, knowledge of operating procedures, or best professional judgement to establish the continuity and stability of the release; or

(2) Reporting the release to the Ohio EPA for a period sufficient to establish the continuity and stability of the release.

When an owner or operator in charge of the facility or vessel believes that a basis has been established to qualify the release for reduced reporting under this section, initial reporting shall be made consistent with paragraph (D) of this rule.

(D) The owner or operator of a facility or vessel shall provide the following notifications for any release qualifying for the reduced reporting under this rule:

(1) Initial telephone notification. Initial notification shall be made by telephone to the Ohio EPA. The person in charge must identify the notification as an initial continuous release notification report and provide the following information:

(a) The name and location of the facility or vessel; and,

(b) The name(s) and identity(ies) of the hazardous substance(s) being released.

(2) Initial written notification. Initial written notification of a continuous release shall be made to the Ohio EPA and appropriate committee for the geographic area where the releasing facility or vessel is located.

(a) Initial written notification to the Ohio EPA and appropriate committee shall occur within thirty days of the initial telephone notification, and shall include, for each release for which reduce reporting as a continuous release is claimed, the following information:

(i) The name of the facility or vessel;

(ii) The location of the facility or vessel, including the latitude and longitude;

(iii) The spill number assigned by the Ohio EPA and the national response center case number;

(iv) The dunn and bradstreet number of the facility, if available;

(v) The port of registration of the vessel;

(vi) The name and telephone number of the person in charge of the facility;

(vii) The population density within a one-mile radius of the facility or vessel, described in terms of the following:

0 - 50 persons

51 - 100 persons

101 - 500 persons

501 - 1,000 persons

More than 1,000 persons

(viii) The identity and location of sensitive populations and ecosystems within a one-mile radius of the facility or vessel (e.g., elementary schools, hospitals, retirement communities, or wetlands); and,

(ix) For each hazardous substance release claimed to qualify for continuous release, the following information must be supplied:

(a) The name and identity of the hazardous substance, the chemical abstracts service registry number for the substance (if available); and if the substance being released is a mixture, the components of the mixture and their approximate concentrations and quantities, by weight;

(b) The upper and lower bounds of the normal range of the release (in pounds or kilograms) over the previous year;

(c) The source(s) of the release (e.g., valves, pump seals, storage tank vents, stacks). If the release is from a stack, the stack height (in feet or meters);

(d) The frequency of the release and the fraction of the release from each release source and the specific periods over which it occurs;

(e) A brief statement describing the basis for stating that the release is continuous and stable in quantity and rate;

(f) An estimate of the total annual amount that was released in the previous year (in pounds of kilograms);

(g) The environmental medium(a) affected by the release:

(i) If surface water, the names of the surface water body;

(ii) If a stream, the stream order or average flowrate (in cubic feet/second) and designated use;

(iii) If a lake, the surface area (in acres) and average depth (in feet or meters);

(iv) If on or under ground, the location of public water supply wells with-in two miles.

(h) A signed statement that the hazardous substance release(s) described is (are) continuous and stable in quantity and rate under the definitions in paragraph (B) of this rule and that all reported information is accurate and current to the best knowledge of the owner or operator.

(3) Follow-up notification. Within thirty days of the first anniversary date of the initial written notification, the owner or operator of the facility or vessel shall evaluate each hazardous substance release reported to verify and update the information submitted in the initial written notification. The follow-up notification shall include the following information:

(a) The name of the facility or vessel;

(b) The location of the facility or vessel including the latitude and longitude;

(c) The spill number assigned by Ohio EPA and the national response center case number.

(d) The dunn and bradstreet number of the facility, if available;

(e) The port of registration of the vessel;

(f) The name and telephone number of the person in charge of the facility or vessel;

(g) The population density within a one-mile radius of the facility or vessel, described in terms of the following:

0 - 50 persons

51 - 100 persons

101 - 500 persons

501 - 1,000 persons

More than 1,000 persons

(h) The identity and location of sensitive populations and ecosystems within a one-mile radius of the facility or vessel (e.g., elementary schools, hospitals, retirement communities, or wetlands); and,

(i) For each hazardous substance release claimed to qualify for reporting as a continuous release as defined under paragraph (B) of this rule, the following information shall be supplied:

(i) The name and identity of the hazardous substance; the chemical abstracts service registry number for the substance (if available); and if the substance being released is a mixture, the components of the mixture and their approximate concentrations and quantities, by weight;

(ii) The upper and lower bounds of the normal range of the release (in pounds or kilograms) over the previous year;

(iii) The source(s) of the release (e.g., valves, pump seals, storage tank vents, stacks). If the release is from a stack, the stack height (in feet or meters);

(iv) The frequency of the release and the fraction of the release from each release source and the specific periods over which it occurs;

(v) A brief statement describing the basis for stating that the release is continuous and stable in quantity and rate;

(vi) An estimate of the total annual amount that was released in the previous year (in pounds of kilograms);

(vii) The environmental medium(a) affected by the release:

(a) If surface water, the names of the surface water body;

(b) If a stream, the stream order or average flowrate (in cubic feet/second) and designated use;

(c) If a lake, the surface area (in acres) and average depth (in feet or meters);

(d) If on or under ground, the location of public water supply wells within two miles.

(viii) A signed statement that the hazardous substance release(s) described is (are) continuous and stable in quantity and rate under the definitions in paragraph (B) of this rule and that all reported information is accurate and current to the best knowledge of the owner or operator.

(4) Notification of changes in release. If there is a change in the release, notification of the change, not otherwise reported, shall be provided in the following manner:

Notification of changes required under this rule shall include the spill number assigned by the Ohio EPA and the national response center case number and also the signed certification statement required under paragraphs (D)(2)(a)(ix)(h) and (D)(3)(i)(viii) of this rule.

(a) If there is any change in the composition or source(s) of the release, the release is a new release and must be qualified for reporting under this rule by the submission of the initial verbal telephone notification and the initial written notification in accordance with paragraphs (D)(1) and (D)(2) of this rule as soon as there is a sufficient basis for asserting that the release is continuous and stable in quantity and rate.

(b) If there is a change in the release such that the quantity of the release exceeds the upper bound of the reported normal range, the release must be reported as a statistically significant increase in the release. If a change will result in a number of releases that exceed the upper bound of the normal range, the owner or operator of a facility or vessel may modify the normal range by:

(i) Reporting at least one statistically significant increase report as required under paragraph (D)(5) of this rule and, at the same time, informing the Ohio EPA of the change in the normal range; and,

(ii) Submitting, within thirty days of the initial telephone notification, written notification to the Ohio EPA and appropriate committee describing the normal range, the reason for the change, and the basis for stating that the release in the increased amount is continuous and stable in quantity and rate under the definitions in paragraph (B) of this rule.

(c) If there is a change in any information submitted in the initial written notification or the follow-up notification other that the change in the source, composition, or quantity of the release, the owner or operator of the facility or vessel shall provide written notification of the change to Ohio EPA and the appropriate committee for the geographic area where the facility or vessel is located, within thirty days of determining that the information submitted previously is no longer valid. Notification shall include the reason for the change, and the basis for the stating that the release is continuous and stable under the changed conditions.

(5) Notification of statistically significant increase in the release. Notification of statistically significant increase in release shall be made to the Ohio EPA as soon as the owner or operator of the facility or vessel has knowledge of the increase. The release must be identified as a statistically significant increase in the continuous release. A determination of whether the increase is a "statistically significant increase" shall be made based upon calculations or estimation procedures that will identify releases that exceed the upper bound of the normal range.

(E) Each hazardous substance release shall be evaluated annually to determine if changes have occurred in the information submitted in the initial written notification, the follow-up notification, and/or in a previous change notification.

(F) In lieu of an initial written report or follow-up report, owners or operators of subject facilities subject to the requirements of Section 313 of the SARA Title III, Emergency Planning and Community Right to Know Act (EPCRA) 1986, and Chapter 3751. of the Revised Code may submit to the Ohio EPA and the appropriate committee for the geographic area where the facility is located, a copy of the Toxic Release Inventory Form submitted under Section 313 of SARA Title III, Emergency Planning and Community Right to Know Act (EPCRA) , and Chapter 3751. of the Revised Code the previous July first, provided that the following information is added:

(1) The population density within a one-mile radius of the facility or vessel, described in terms of the following:

0 - 50 persons

51 - 100 persons

101 - 500 persons

501 - 1,000 persons

More than 1,000 persons

(2) The identity and location of sensitive populations and ecosystems within a one-mile radius of the facility or vessel (e.g., elementary schools, hospitals, retirement communities, or wetlands); and,

(3) For each hazardous substance release claimed to qualify for continuous release, the following information must be supplied:

(a) The upper and lower bounds of the normal range of the release (in pounds or kilograms) over the previous year.

(b) The frequency of the release and the fraction of the release from each release source and the specific periods over which it occurs.

(c) A brief statement describing the basis for stating that the release is continuous and stable in quantity and rate;

(d) A signed statement that the hazardous substance release(s) is (are) continuous and stable in quantity and rate under the definitions in paragraph (B) of this rule and that all reported information is accurate and current to the best knowledge of the owner or operator.

(G) Where necessary to satisfy the requirements of this rule, the owner or operator of the facility or vessel may rely on recent release data, engineering estimates, the operating history of the facility or vessel, or other relevant information to support notification.

(1) All supporting documents, materials, and other information shall be kept on file at the facility, or in the case of a vessel, at an office within the state of Ohio in either the port of call, a place of regular berthing, or the headquarters of the business operating the vessel.

(2) Supporting materials shall be kept on file for a period of one year and shall substantiate the reported normal range of releases, the basis for stating that the release is continuous and stable in quantity and rate, and the other information in the initial written report, the follow-up report, and the annual evaluations required under paragraphs (D)(2), (D)(3), and (E) of this rule.

(3) Supporting information shall be made available to Ohio EPA upon request as necessary to enforce the requirements of this rule.

(H) Multiple current release of the same substance occurring at various locations with respect to contiguous plants or installations upon contiguous grounds that are under common ownership or control may be considered separately or added together in determining whether such releases constitute a continuous release or statistically significant increase under the definitions in paragraph (B) of this rule; whichever approach is elected for purposes of determining whether a release is continuous also must be used to determine a statistically significant increase in the release.

Effective: 10/29/2011
R.C. 119.032 review dates: 08/10/2011 and 10/29/2016
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(3)
Rule Amplifies: 3750.06
Prior Effective Dates: 6/30/93, 6/5/06

3750-25-20 Reportable quantities for oil including crude oil.

(A) This rule shall set forth the reportable quantities for the discharge and release of oil and crude oil as defined in paragraphs (AA) and (SS) of rule 3750-1-01 of the Administrative Code from a facility as follows:

(1) The reportable quantity for the discharge of oil including crude oil into or upon navigable waters is any amount which causes a film or sheen upon or discoloration of the surface of the waters or cause a sludge or emulsion to be deposited beneath the surface of the waters.

(2) Except as provided in paragraph (A)(3) of this rule, the reportable quantity for the release of oil into the environment, excluding navigable waters, is an amount of twenty-five gallons or more.

(3) The reportable quantity for the release of crude oil from an oil and gas extraction storage facility as defined in paragraph (BB) of rule 3750-1-01 of the Administrative Code into the environment, excluding navigable waters, is an amount of two hundred ten gallons(five barrels) or more. As used in this paragraph, a barrel is equal to forty-two United States gallons.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(f)
Rule Amplifies: 3750.06
Prior Effective Dates: 6/30/93

3750-25-25 Release notification 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 (YY) of rule 3750-1-01 of the Administrative Code titled " Referenced materials." ]

(A) An owner or operator of a facility or vessel where a hazardous chemical is stored and from which a release of a hazardous substance, extremely hazardous substance, or discharge of oil into the environment has occurred in an amount equal to or exceeding the reportable quantity as set forth under rules 3750-20-50 , 3750-20-30 , and 3750-25-20 of the Administrative Code in any twenty-four hour period has occurred, shall provide both verbal and written notices in accordance with paragraphs (A)(1) and (A)(2) of this rule.

(1) Verbal release notification requirements:

(a) Except as provided in paragraph (B) of rule 3750-25-01 of the Administrative Code, if a release or discharge as described in paragraph (A) of this section occurs, the owner or operator of the facility from which the release or discharge has occurred shall immediately notify verbally, by telephone, radio, or in person, the community emergency coordinator of each local emergency planning district that contains an area likely to be affected by the release or discharge, the fire department having jurisdiction where the release occurred, and the Ohio EPA emergency response unit at 800-282-9378 or 614-224-0946.Theverbalnotification shall be given within thirty minutes after a person at the facility has knowledge of the release or discharge, unless notification within that time is impracticable under the circumstances. In the event a committee does not exist for that emergency planning district in which the release or discharge occurred, notification shall be provided under this section to the Ohio EPA emergency response unit at 800-282-9378 or 614-224-0946 and the fire department having jurisdiction over the facility. Ohio EPA may provide notification to the appropriate local emergency response personnel.

(b) An owner or operator of a vessel from which a release of hazardous substance extremely hazardous substance, or discharge of oil has occurred in an amount equal to or exceeding the reportable quantity as set forth under rules 3750-20-50 , 3750-20-30 and 3750-25-20 , of the Administrative Code shall provide verbal notice within thirty minutes after a person aboard the vessel has knowledge of the release or discharge to the Ohio EPA emergency response unit at 800-282-9378 or 614-224-0946.Uponreceivingverbal notification, the Ohio EPA emergency response unit shall immediately notify the community emergency coordinator of the emergency planning district in which the release or discharge occurred. In the event a committee does not exist for the emergency planning district in which the release or discharge occurred, the Ohio EPA emergency response unit may provide notification to the appropriate local emergency response personnel.

(c) An owner or operator of a facility from which there is a transportation-related release of hazardous substance, extremely hazardous substance or discharge of oil in an amount equal to or exceeding the reportable quantity as set forth under rules 3750-20-50 , 3750-20-30 , and 3750-25-20 , of the Administrative Code shall provide verbal notice within thirty minutes after a person at the facility has knowledge of the release or discharge to the Ohio EPA, emergency response unit at 800-282-9378 or 614-224-0946 and to the 911 operator, or in the absence of a 911 emergency telephone number, to the operator. The Ohio EPA emergency response unit may immediately notify the community emergency coordinator of the emergency planning district in which the release or discharge occurred. In the event a committee does not exist for the emergency planning district in which the release or discharge occurred, the Ohio EPA emergency response unit may provide notification to the appropriate local emergency response personnel.

For purposes of this rule, "transportation related releases" means a release or discharge during transportation, or storage, incidental to transportation if the stored substance is moving under active shipping papers and has not reached the ultimate consignee.

(d) The verbal notification required under this rule shall be given within thirty minutes after a person at the facility or aboard a vessel has knowledge of the release or discharge, unless notification is impracticable under the circumstances. To the extent known at the time notice is given and that response to the release or discharge will not be delayed, the verbal notice shall include all the following information:

(i) The location and source(s) of the release or discharge;

(ii) The chemical name or identity of any substance involved in the release or discharge and whether the substance is an extremely hazardous substance;

(iii) An estimate of the quantity (in gallons or pounds) of any substance released or discharged into the environment;

(iv) The time and duration of the release or discharge;

(v) The environmental medium or media into which the substance was released or discharged and the extent of the release or discharge;

(vi) Any known or anticipated acute or chronic health risks associated with the release or discharge and, if known to the informant, advice regarding medical attention necessary for individuals exposed to the substance released or discharge;

(vii) Proper precautions to take as a result of the release or discharge, including evacuation and other proposed response actions, unless that information is readily available to the community emergency coordinator pursuant to the plan of the district prepared under section 3750.04 of the Revised Code; and

(viii) The name and telephone number of the person or persons to be contacted for further information.

(2) Written release notification requirements:

(a) As soon as practicable but no later than thirty days after the release, the owner or operator of a facility from which a release or discharge occurred who was required to provide verbal notice under paragraph (A)(1) of this rule, shall submit to the Ohio EPA and the committee of the planning district in which the release or discharge occurred, a written follow-up emergency notice for the release or discharge.

An owner or operator of a vessel from which a release or discharge occurred who was required to provide verbal notice under paragraph (A)(1)(b) of this rule shall submit a written follow-up emergency notice to the Ohio EPA pursuant to this rule. After the receipt of written follow-up emergency notice or revised written follow-up emergency notice, the Ohio EPA shall immediately send a copy of it to that community emergency coordinator for that emergency planning district in which the release or discharge occurred.

(b) The written follow-up emergency notice shall set forth and update the verbal notice given under paragraph (A)(1)(d) of this rule and shall include all of the following additional information (mandatory information):

(i) Complete name, mailing address, and telephone number of the owner or operator of the facility from which the release occurred.

(ii) Actual time, date and duration of the release or discharge;

(iii) Actual time and date of discovery of the release or discharge;

(iv) Actions taken to respond to and contain the release or discharge;

(v) Indicate the Ohio EPA spill number and the national response center case number on submitted information;

(vi) Location of the facility from which the release or discharge occurred (street or mailing address);

(vii) Location of the release or discharge (street(s) county, township, city);

Longitude and latitude, if known, or distance and direction from the nearest intersection or milepost if transportation related release or discharge.

(viii) Chemical name (common name or technical name) and chemical abstracts service registry number of the substance involved in the release or discharge;

(ix) Specifically identify the environmental medium or media impacted and the extent of impact;

(a) Name of waterway and length of area affected.

(b) If no water was affected then indicate surface area in square feet or yards.

(c) If the release or discharge was monitored, indicate the method of detection, concentrations, and wind direction and speed if the release was airborne.

(d) Amount recovered or neutralized. If neutralized, describe the method of neutralization.

(e) Describe any actions taken to reduce the impact of the release or discharge.

(x) Provide a chronological summary of the incident. Include a chronology of communications with state and local government agencies.

(xi) Provide manifest, bills of lading, laboratory analyses which were generated by the owner and operator of the facility and are germane to the incident.

(xii) Describe any extenuating circumstances which caused the release or discharge.

(xiii) Describe any known or anticipated acute or chronic health risks associated with the release or discharge.

(xiv) Where appropriate, advice regarding medical attention necessary for individuals exposed to the substance released or discharged.

(xv) A summary of all actions taken by the owner or operator to prevent a recurrence of the release or discharge.

(xvi) An owner or operator of a facility or vessel from which a release or discharge occurred may submit the following additional information (voluntary information) in the written follow up emergency notice as provided pursuant to paragraph (A)(2) of this rule.

(a) Indicate any air, water or other permit numbers which may be pertinent to this incident and to the efficient/emission limitations which may apply.

(b) To the extent information is available, identify damage to wildlife and/or vegetation.

(c) To the extent information is available, identify impact to human health and safety (evacuations, human exposure, death, or seen as injuries).

(d) Economic impact.

(i) Estimate the dollar value, if any, of the released or discharged product.

(ii) Estimate the replacement or repair cost of the of equipment replacement or repair.

(iii) Estimate the costs of cleanup.

(c) If significant additional information regarding the mandatory or voluntary information submitted about a release or discharge becomes known during the period between submission of the written report required by this section and one year after the release or discharge, the owner or operator shall submit to the committee and the Ohio EPA an updated written notice within three days after learning of the additional information.

(B) No person shall fail to provide verbal or written release notification or to update a written release notification as required by this rule. Failure to report under this rule may subject any person to civil and/or criminal penalties as provided under sections 3750.20 and 3750.99 of the Revised Code.

Effective: 10/29/2011
R.C. 119.032 review dates: 08/10/2011 and 10/29/2016
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(f)
Rule Amplifies: 3750.06
Prior Effective Dates: 6/30/93, 4/6/99, 6/5/06