Chapter 3750-75 Emergency Response Lock Box Units

3750-75-02 Facilities subject to the emergency response lock box unit requirements.

(A) Any facility where an extremely hazardous substance, hazardous chemical, or hazardous substance is produced used or stored, whose owners or operators have entered into agreement with the fire department of the political subdivision having jurisdiction over the facility, for the placement and maintenance of an emergency lock box unit, after the effective date of this rule shall do so in compliance with the rules adopted under this chapter as set forth by division (D) of section 3750.11 of the Revised Code.

(1) Emergency response lock box units installed in agreement with a fire department of the political subdivision having jurisdiction prior to the effective date of this rule shall be deemed to be in compliance with the rules set forth under this chapter.

(2) For the purposes of rules 3750-75-02 to 3750-75-10 of the Administrative Code the fire department of the political subdivision having jurisdiction shall include any public employee duly authorized, as setforth in section 3750.16 of the Revised Code, by the fire department to enforce Chapter 3737. of the Revised Code.

(B) Any facility subject to the emergency planning requirements of section 3750.05 , or to the hazardous chemical reporting requirements of sections 3750.07 and 3750.08 of the Revised Code to whom an order has been issued under division (D) of section 3750.11 of the Revised Code is subject to the requirements of division (B)(6) of section 3750.02 of the Revised Code and the rules adopted there under, unless the facility meets the criteria listed in paragraph (C) of this rule.

(C) This chapter does not apply to facilities meeting the following criteria:

(1) Possesses only one chemical subject to the reporting requirements of section 3750.05 or 3750.07 and 3750.08 of the Revised Code, or

(2) Occupies one building having less than two thousand square feet of floor space, and

(3) Signage is present that makes the hazardous chemical on site commonly known to emergency responders.

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

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(6)

Rule Amplifies: 3750.11(D)

Prior Effective Dates: 9/1/98, 8/20/2004

3750-75-03 Criteria for the construction of an emergency response lock box unit.

[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 "Incorporation by Reference" section at the end rule 3750-1-01 .]

(A) All emergency response lock box units shall be constructed to meet the following minimum criteria:

(1) Each emergency response lock box unit shall have a minimum interior size of fourteen inches by twelve inches by two inches, except as follows;

(a) Where the fire department of the political subdivision having jurisdiction has agreed with the owner(s) or operator(s) of the facility that a smaller emergency response lock box unit will be large enough to permit the storage of all required documents to be contained therein; or

(b) Where the emergency response lock box unit must be larger to permit the storage of all required documents to be stored there in.

(2) Each emergency response lock box unit shall be constructed of a material which is "non-combustible".

(a) Noncombustible means a material in the form in which it is used and under the conditions anticipated, will not aid combustion or add appreciable heat to an ambient fire.

Note: Materials tested in accordance with ASTM E136 Standard Test Method for Behavior of Materials in a Verticle Tube Furnace at 750 degrees C and conforming to the criteria contained in section 7 of NFPA 101, the Life Safety Code, shall be considered noncombustible.

(3) Each emergency response lock box unit shall be constructed to be "weatherproof".

(a) Weatherproof means sufficiently protected to prevent the penetration of rain, snow, and wind driven sand, dirt or dust under all operating conditions as set forth in NFPA 414 "Standard for Aircraft Rescue and Fire-Fighting Vehicles, 1995 edition."

(4) Each emergency response lock box unit shall be secured in the manner established by the fire department of the political subdivision having jurisdiction.

(5) Each emergency response lock box unit shall be colored and marked in a manner prescribed by the fire department of the political subdivision having jurisdiction.

(B) The construction of key boxes is not regulated under Chapter 3750-75 of the Administrative Code.

Eff 9-1-98; 2-10-05
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(6)
Rule Amplifies: 3750.11(D)
R.C. 119.032 review dates: 09/16/2009 and 01/12/2014

3750-75-04 Emergency response lock box unit contents and maintenance.

[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 "Incorporation by Reference" section at the end rule 3750-1-01 .]

(A) The emergency response lock box unit shall contain the information set forth below as authorized by division (B)(6)(a)(ii) of section 3750.02 of the Revised Code.

(1) A site plan showing the following:

(a) The information as set forth by rule 3750-30-20 of the Administrative Code which shows the location of chemicals produced, used or stored at the facility.

(b) The location of on-site emergency firefighting and spill clean up equipment, such as but not limited to:

(i) Neutralizers.

(ii) Sorbent materials.

(iii) Hazardous chemical personal protective equipment.

(iv) Fire extinguishers and hydrants.

(c) The location and sizes of the public and private water supply, including the location of:

(i) Water mains.

(ii) Fire department connection thread size and design.

Note: Paragraph (B)(6)(F 501.6 ) of rule 1301:7-7-05 of the Administrative Code requires that all threads provided for fire department connections shall be compatible with connections utilized by the local fire department.

(d) The locations of the sewer systems servicing the facility, including:

(i) Sanitary sewer drains connected to the publicly operated treatment works system.

(ii) Storm sewer drains connected to publicly operated collection systems, ditches, or waters of the state.

(e) The fire department of the political subdivision having jurisdiction may also request that the site plan show:

(i) Electrical and natural gas services,

(ii) Water shut off locations,

(iii) Process piping, and

(iv) Additional mechanical features identified through pre-planning meetings.

(2) The most recent copy of the emergency and hazardous chemical inventory form for the facility required to be submitted under section 3750.08 of the Revised Code.

Note: Section 3750.05 of the Revised Code requires that the commission and committee be notified within sixty days after first acquiring an extremely hazardous substance. Section 3750.07 of the Revised Code requires the commission, committee and local fire department be provided a chemical list or MSDS within three months after acquiring a chemical defined as hazardous chemicals under OSHA for which an MSDS is required, or new information on an existing on-site chemical is determined.

(3) Material Safety Data Sheets (MSDSs) are to be placed in the emergency response lock box unit or if the volume of the MSDSs is too great, the facility shall enter into an agreed upon alternate location with the jurisdictional fire department where the MSDS information can be easily accessed either in hard copy and/or to a computer terminal where the information can be readily accessed and/or downloaded by the emergency responderes.

(4) A copy of any emergency management plan for the facility prepared by the fire department of the political subdivision having jurisdiction, when such a document has been provided by the fire department to the owners or operators of the facility for the purposes of this rule.

(5) A copy of any emergency management plan prepared by the owner(s) or operator(s) as requested by the fire department of the political subdivision having jurisdiction such as:

(a) The facility plan developed under the national response team's guidelines for consolidated contingency plans as set forth in the federal register on June 5, 1996; or

(b) One or more of the plans listed below, selected in consultation with the fire department of the political subdivision having jurisdiction.

(i) Occupational safety and health administration (OSHA) chemical process safety plan developed under 29 CFR 1910.119 , 29 CFR 1910.120(q) ; or

(ii) United States coast guard (USCG) facility response plan developed under 33 CFR part 154, subpart F; or

(iii) Resource Conservation Recovery Act (RCRA) contingency plan developed under 40 CFR part 264, subpart D, 40 CFR part 265 subpart D, and 40 CFR 279.53 ; or

(iv) Clean Air Act risk management plan developed under 40 CFR part 68; or

(v) Spill prevention control and countermeasure (SPCC) facility response plan developed under 40 CFR parts 112.7(d) to 112.21 ; or

(vi) Department of transportation (DOT) pipeline response plan developed under 49 CFR part 194; or

(vii) Stormwater pollution prevention plan developed under 40 CFR part 122.

(6) A current list of the names, positions, home addresses and telephone numbers of key personnel knowledgeable in facility safety procedures and the locations at the facility where extremely hazardous substances, hazardous chemicals, and hazardous substances are produced, used or stored.

(a) If key personnel listed have telephone numbers other than home numbers, such as pager or cellular phone numbers, these shall also be provided.

(b) At facilities with more than one work shift, the work hours of the key personnel listed shall be indicated.

(c) For purposes of this rule, key personnel includes; the facility emergency coordinator, the facility manager, process supervisors, the facility safety manager, and members of the facility emergency organization.

(B) The information set forth in paragraph (A) of this rule shall be maintained as follows:

(1) Where the emergency response lock box unit has been placed voluntarily by the owners or operators of the facility, the information shall be maintained as prescribed by an agreement between the owners or operators and the fire department of the political subdivision having jurisdiction over the facility.

(2) Where the commission has issued an order requiring the placement of an emergency response lock box unit, the information set forth in that order shall be maintained in the manner prescribed by that order.

(3) A review of the information placed in the facility's emergency response lock box unit shall be conducted by the owner/operator at least annually. Information contained in the lock box unit shall be updated as needed to maintain the accuracy of the information.

(4) The fire department of the political subdivision having jurisdiction may request a more frequent review and updating of the information contained in the emergency response lock box unit.

(C) The contents of a key box unit is not regulated under Chapter 3750-75 of the Administrative Code, except for the placement of a lock box key into a key box to provide for lock box access when requested by the fire department having jurisdiction.

Eff 9-1-98; 2-10-05
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(6)
Rule Amplifies: 3750.11(D)
R.C. 119.032 review dates: 09/16/2009 and 01/12/2014

3750-75-05 Conditions for the placement of, and access to an emergency lock box unit.

(A) To provide for the safe location of an emergency response lock box unit during a release or threatened release of an extremely hazardous substance, hazardous chemical, or hazardous substance as required by division (B)(6)(a)(iii) of section 3750.02 of the Revised Code, the following conditions shall be met.

(1) The location(s) selected for the placement of the emergency response lock box unit(s) shall be approved by the fire department of the political subdivision having jurisdiction, which to the extent possible shall be consistent throughout the local emergency planning district.

(2) In selecting the number(s) and location(s) for the placement of the emergency response lock box unit(s), the fire department of the political subdivision having jurisdiction, in consultation with the facility operator, shall consider the following factors that may affect safe and expedient access during a release or threatened release of an extremely hazardous substance, hazardous chemical or hazardous substance:

(a) The type(s) of release(s) that is (are) likely to occur;

(b) The point(s) of entry that the emergency responders plan to use during a release or threatened release; and

(c) Prevailing wind patterns would make access of the emergency response lock box unit unsafe; and

(d) Whether more than one emergency response lock box unit is necessary to ensure safe access due to facility size.

(3) A facility that voluntarily places an emergency response lock box unit shall contact the fire department of the political subdivision having jurisdiction to ensure placement that is consistent within the emergency planning district.

(a) In those local emergency planning districts where emergency response lock box unit placement has not been addressed by either the fire department of the political subdivision having jurisdiction or the local emergency planning committee, the owner or operator of the facility may contact the state emergency response commission for guidance.

(B) To ensure expedient access to an emergency response lock box unit during a release or threatened release of an extremely hazardous substance, hazardous chemical or hazardous substance as required by division (B)(6)(a)(iii) of section 3750.07 of the Revised Code, the fire department of the political subdivision having jurisdiction shall be provided with the key or access code to the emergency response lock box unit(s) placed at a facility at the time of installation.

(1) The facility in coordination with the fire department of the political subdivision having jurisdiction, shall consider the following factors in establishing the keying or access code system:

(a) Security necessary to deter vandalism of the emergency response lock box unit; and

(b) Whether the emergency response lock box unit is located at an entry point where facility security is provided on a twenty-four hour basis; and

(c) Whether keys or access codes need to be provided to mutual aid organizations who are likely to be requested to respond, in these instances the owner or operator of the facility shall be advised of such distribution.

(d) If a common key is used to secure all emergency response lock box units throughout the fire department's jurisdiction, information that has been claimed to be "trade secret" or "confidential location" information under Chapter 3750-60 of the Administrative Code shall be provided by means other than the emergency response lock box unit.

(2) In those political subdivisions where the fire department having jurisdiction refuses to accept the key or access code of an emergency response lock box unit, the owner or operators of a facility voluntarily placing a lock box unit shall provide the key or access code to the first response organization during a release or emergency response.

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

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(6)

Rule Amplifies: 3750.11(D)

Prior Effective Dates: 9/1/98, 8/19/2004

3750-75-07 Application for issuance of a lock box order by a fire department.

(A) When the fire department of the political subdivision having jurisdiction over the facility is unable to reach an agreement with the owners and operators of a facility for the placement and maintenance of an emergency lock box unit, the fire department may apply through their local emergency planning committee for the issuance of an order by the commission requiring the placement of an emergency response lock box unit under division (D) of section 3750.11 of the Revised Code.

(B) The fire department of a political subdivision applying for an order requiring the placement of lock box under division (D) of section 3750.11 of the Revised Code shall submit its application in writing to the local emergency planning committee of the district in which the facility is located, that includes:

(1) A certified copy of documentation of the refusal by the facility to place a lock box unit meeting the requirements of rules 3750-75-02 to 3750-75-05 of the Administrative Code;

(2) A signed statement from the fire department subdivision stating the basis for requesting the issuance of an order requiring the placement of a lock box unit(s) at the facility; and

(3) Documents, sworn statements and other materials which support and address each criteria listed in paragraphs (A) and (B) of rule 3750-75-10 of the Administrative Code.

(C) Fourteen days prior to the date that the fire department submits an application for the issuance of an order requiring the placement of a lock box to the committee, the fire department shall also mail by certified mail, return receipt requested, notice of the application and a summary of the lock box requirements to the owner or operator of the facility within the political subdivision that the fire department determines would be subject to the lock box requirements.

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

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(6)

Rule Amplifies: 3750.11(D)

Prior Effective Dates: 9/1/98, 8/20/2004

3750-75-08 Application for issuance of lock box order by a local emergency planning committee.

(A) If, in the opinion of the local emergency planning committee, the application for an order requesting the issuance of a lock box order by the fire department of the political subdivision having jurisdiction meets the criteria for issuance of an order established in rule 3750-75-10 of the Administrative Code. The local emergency planning committee shall, within ninety days of the date on which the complete application for an order was received from a fire department, meet to consider a resolution approving or denying the request for the issuance of a lock box order.

(B) At least fourteen calendar days prior to a meeting of the committee where the committee is to vote on an application from a fire department for the issuance of a lock box order, a copy of the proposed agenda shall be provided by the committee to the fire department and the facility that would be subject to the order should it be granted. This proposed agenda shall provide the location, date, and time of the Meeting.

(C) Any application for the issuance of a lock box order that fails to provide sufficient information for the committee to make the findings required by rule 3750-75-10 of the Administrative Code shall be considered incomplete. A fire department that submits an incomplete application shall be notified in writing of the nature of the deficiencies. No action shall be taken on an incomplete application, until the deficiencies have been addressed.

(D) Any local emergency planning committee approving to forward a fire department request for an order to install a lock box unit to the commission for the issuance of an order requiring the installation of an emergency response lock box unit under division (D) of section 3750.11 of the Revised Code shall submit to the commission the following:

(1) A certified copy of the resolution, which shows that the application for the issuance of a lock box order was approved by at least sixty per cent of the committee's members.

(2) A signed statement from the local emergency planning committee stating the basis for forwarding the request for the issuance of a lock box order.

(3) Copies of documents, sworn statements, or other materials submitted by the fire department which support and address each criterion set forth in paragraphs (A) and (B) of rule 3750-75-10 of the Administrative Code; and

(E) Fourteen days prior to the date that the local emergency planning committee forwards the application for the issuance of an order to the commission, the local emergency planning committee shall mail by certified mail, return receipt requested, notice of approval of the application and a summary of the lock box requirement to the owner or operator of each facility and the fire department(s) having jurisdiction within the emergency planning district that the local emergency planning committee determines would be subject to the lock box requirement.

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

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(6)

Rule Amplifies: 3750.11(D)

Prior Effective Dates: 9/1/98, 8/20/2004

3750-75-09 Decision by emergency response commission regarding a lock box application from a local emergency planning committee.

(A) Fourteen days prior to a meeting where commission will consider an application for the issuance of a lock box order, the commission will provide a copy of the meeting agenda, return receipt requested, to the facility, the applying fire department, and the forwarding committee.

(B) The emergency response commission shall vote to grant or deny the issuance of a lock box order within two commission meetings at which a quorum of voting members is present after the date on which a complete application for the issuance of a lock box order is received.

(1) The commission shall issue an order requiring the placement of the lock box when sixty per cent or more of the voting members of the commission determine that the application has met the criteria set forth in rule 3750-75-10 of the Administrative Code and have voted to approve the application.

(2) The commission shall issue an order denying an application for the issuance of a lock box order if voting members of the commission determine that the criteria set fourth in rule 3750-75-10 of the Administrative Code has not been met, and/or when less than sixty per cent of the voting members of the commission vote to approve the application for the issuance of an order requiring the placement of a lock box.

(3) If the commission determines that the application, or information presented at the meeting, needs further evaluation, then the commission may approve a motion to delay a vote on the application for the issuance of a lock box order until its next regularly scheduled meeting.

(4) If the commission determines that an application for the issuance of a lock box order is incomplete, the commission shall notify the committee and fire department in writing within sixty days of the nature of the deficiencies. No action shall be taken on an incomplete application until the deficiencies have been addressed.

(C) Within sixty days of the date on which the commission either voted to grant or deny the issuance of a lock box order, the commission shall mail by certified mail, return receipt requested, a copy of the order approving or denying the placement and maintenance of a lock box, to the committee, fire department, and facility affected by the order.

(D) An order of the commission granting or denying an application for the placement of a lock box may be appealed to the environmental review appeals commission in accordance with section 3750.19 of the Revised Code.

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

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(6)

Rule Amplifies: 3750.11(D)

Prior Effective Dates: 9/1/98, 8/20/2004

3750-75-10 Criteria for issuing an order requiring the placement of a lock box upon a request by a political subdivision.

(A) Before making or approving an application for the issuance of a lock box order the following conditions shall be demonstrated, using scientific evidence, generally accepted scientific principals or laboratory tests:

(1) Extremely hazardous substances, hazardous substances, or hazardous chemicals are routinely or intermittently present at the facility which would be subject to the order; and

(2) Extremely hazardous substances, hazardous substances, or hazardous chemicals are present at the facility in amounts equal to or exceeding the quantities for which reporting is required under section 3750.05 or 3750.07 of the Revised Code and rules adopted there under; and

(3) Based upon generally accepted techniques of hazards analysis, a release of the extremely hazardous substances, hazardous substances, or hazardous chemicals present at the facility could pose a substantial risk of catastrophic injury to:

(a) The public health or safety;

(b) The environment; or

(c) An extraordinary risk of injury to emergency response personnel responding to a release of the extremely hazardous substances, hazardous substances, or hazardous chemicals present at the facility.

(4) The placement of a lock box will reduce the risk of catastrophic injury to:

(a) The public health or safety;

(b) The environment; or

(c) Emergency response personnel responding to a release of the extremely hazardous substances, hazardous substances, or hazardous chemicals present at the facility.

(B) All of the following factors shall be considered in determining whether the substances or chemicals that would be subject to the lock box requirements pose a substantial risk of catastrophic injury to public health or safety or to the environment, or pose an extraordinary risk of injury to emergency response personnel responding to a release of the substance or chemical:

(1) The specific characteristics, and degree and nature of the hazards posed by releases that may occur of the extremely hazardous substances, hazardous chemicals, or hazardous substances present at the facility;

(2) The proximity of the facility(ies) that would be subject to the lock box requirements to:

(a) Residential areas;

(b) Areas where significantly large numbers of people are employed or otherwise congregate; and

(c) Environmental resources that would be subject to injury by a release.

(3) The quantities of extremely hazardous substances, hazardous chemicals, or hazardous substances that are routinely or intermittently present at the facility that would be subject to the lock box requirements; and

(4) The frequency with which the extremely hazardous substances, hazardous chemicals, or hazardous substances are present at the facility(ies) that would be subject, if the lock box order is granted.

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

Promulgated Under: 119.03

Statutory Authority: 3750.02(B)(6)

Rule Amplifies: 3750.11(D)

Prior Effective Dates: 9/1/98, 8/20/2004