Chapter 3750-80 Variances to Local Emergency Planning Committes

3750-80-01 Application for variance by local emergency planning committee.

(a) Any local emergency planning committee applying for a variance under division (b) of section 3750.11 of the Revised Code shall submit its application in writing to the emergency response commission. The local emergency planning committee shall include in its application:

(1) A certified copy of the resolution, rule, or requirement which is the subject of the application for the variance;

(2) A signed statement from the local emergency planning committee stating the basis for requesting the variance; and

(3) Documents, sworn statements or other materials which support and address each criterion set forth in paragraphs (A) and (B) of rule 3750-80-02 of the Administrative Code.

(B) On or before the date that the local emergency planning committee submits the variance application to the commission, the local emergency planning committee shall mail by certified mail, return receipt requested, notice of the application and a summary of the reporting requirement to the owner or operator of each facility within the emergency planning district that the local emergency planning committee determines would be subject to the reporting requirement.

(C) At least seventy two hours prior to a meeting of the commission where the commission is to vote on an application for a variance, a copy of the proposed agenda shall be provided by the commission to the committee and to the facility that would be subject to the variance should it be granted. This proposed agenda shall provide the location, date, and time of the meeting.

(D) Any application for a variance that fails to provide sufficient information for the emergency response commission to make the findings required by rule 3750-80-02 of the Administrative Code shall be considered incomplete. A local emergency planning committee 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.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) , 3750.11(C)
Prior Effective Dates: 9/1/95

3750-80-02 Criteria for granting a variance to a local emergency planning committee.

(A) before approving of an application for a variance, the commission shall find by a preponderance of the scientific evidence based upon generally accepted scientific principles or laboratory tests that:

(1) The extremely hazardous substances, hazardous chemicals, or hazardous substances that would be subject to the reporting requirement 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 chemicals or substances, when the substances or chemicals are present at a facility in an amount equal to or exceeding the quantity for which reporting would be required under the reporting requirement for which the variance is sought; and

(2) The development and implementation of a local emergency response plan for releases of the substances or chemicals covered by the reporting requirement will reduce the risk of catastrophic injury to public health or safety or to the environment, or will reduce the extraordinary risk of injury to responding emergency response personnel, in the event of a release of the substances or chemicals; and

(3) The reporting requirement is necessary for the development of such a local emergency response plan.

(B) The commission shall consider all of the following factors in its determination of whether the substances or chemicals that would be subject to the reporting requirement 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 a release of the extremely hazardous substances, hazardous chemicals, or hazardous substances;

(2) The proximity of the facilities that would be subject to the reporting requirement to residential areas, to areas where significantly large numbers of people are employed or otherwise congregate, and to environmental resources that are subject to injury;

(3) The quantities of extremely hazardous substances, hazardous chemicals, or hazardous substances that are routinely present at facilities that would be subject to the reporting requirement; and

(4) The frequency with which the extremely hazardous substances, hazardous chemicals, or hazardous substances are present at the facilities that would be subject to the reporting requirement in quantities for which reporting would be required thereunder.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) , 3750.11(C)
Prior Effective Dates: 9/1/95

3750-80-03 Decision by emergency response commission.

(A) The emergency response commission shall vote to grant or deny the application for a variance within one hundred twenty days of the date on which a completed application for a variance is received, unless information is presented to the commission at the meeting which in the judgement of the commission requires additional review and evaluation. If the commission determines that the information presented at the meeting needs further evaluation then the commission may approve a motion to delay a vote on the application for a variance until its next regularly scheduled meeting.

(1) The commission shall issue an order granting the variance when sixty per cent or more of the voting members of the commission vote to approve the variance application.

(2) The commission shall issue an order denying the variance when less than sixty per cent of the voting members of the commission vote to approve the variance application.

(B) The commission shall issue an order within sixty days of the date on which the commission has voted to either grant or deny the application for a variance.

(C) An order of the commission granting or denying an application for a variance may be appealed to the environmental board of review in accordance with section 3750.19 of the Revised Code.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) , 3750.11(C)
Prior Effective Dates: 9/1/95