Chapter 3750-50 | Fees, Funding and Grants

Rule 3750-50-01 | Annual inventory filing fees and form.

• Effective: July 6, 2021
• Promulgated Under: 119.03

(A) Except as provided in paragraph (C), (D), or (E) of this rule, an owner or operator of a facility subject to rule 3750-30-01 of the Administrative Code shall pay to the Commission an annual inventory filing base fee for the preceding calendar year of one hundred fifty dollars to be submitted on or before the first day of March of each year with the inventory form(s) prescribed in rule 3750-30-20 of the Administrative Code and facility identification form prescribed in rule 3750-30-20 of the Administrative Code unless they meet the requirements of paragraph (D) or (E) of this rule.

Note: The commission provides instructions for fee submission in its Emergency Planning and Community Right to Know Act (EPCRA) facility compliance manual.

(1) An owner or operator of a facility subject to inventory reporting which has present hazardous chemicals in an amount equal to or above the threshold quantity, shall pay an additional annual inventory filing fee of twenty dollars per hazardous chemical for each hazardous chemical.

(2) An owner or operator of a facility subject to inventory reporting shall pay an additional annual inventory filing fee of one hundred fifty dollars for each extremely hazardous substance reported on the inventory form.

The fee established in paragraph (A)(1) of this rule does not apply if the hazardous chemical reported on the inventory form is also an extremely hazardous substance to which only the additional inventory filing fee of one hundred fifty dollars as set forth in this paragraph applies.

(3) The annual inventory filing fee submitted for a single reporting facility shall not exceed twenty-five hundred dollars except as noted for oil and gas extraction facilities under paragraphs (D) and (E) of this rule.

(B) An owner or operator of a facility, who is subject to this rule and who fails to submit the annual inventory filing fee by March thirty-first of each year shall pay to the commission a late fee of ten per cent per annum of the total fees in addition to those fees payable under paragraph (A)(1), (A)(2), (D), or (E) of this rule.

(C) An owner or operator of a facility, who, during the preceding year, was required to pay a fee to a municipal corporation pursuant to an ordinance, rule, or requirement that was in effect on or before December 14, 1988 for reporting or providing of the names or amounts of extremely hazardous substances or hazardous chemicals stored at the facility, may claim a credit against the fees due under paragraph (A)(1), (A)(2), (D), or (E) of this rule for fees paid to the municipal corporation pursuant to the reporting requirements. The amount of credit claimed in any reporting year shall not exceed the amounts due under paragraph (A)(1), (A)(2), (B), or (E) of this rule during that reporting year. No unused portion of the credit shall be carried over to subsequent reporting years. In order to claim a credit under this paragraph, the owner or operator shall submit with the inventory form such information as required by the commission such as a copy of the receipt issued by the municipal corporation or other documentation acceptable to the commission which indicates the amount of fee paid, the date on which the fee was paid, and that the purpose was to fulfill a hazardous chemical inventory filing requirement.

(D) An owner or operator who is required to submit an inventory form for not more than twenty-five oil and gas extraction storage facilities as defined in paragraph (BB) of rule 3750-1-01 of the Administrative Code shall submit a flat filing fee of fifty dollars in lieu of any fee required in paragraphs (A)(1) and (A)(2) of this rule.

(E) An owner or operator who is required to submit an inventory form for more than twenty-five oil and gas extraction storage facilities shall pay to the Commission a base filing fee of fifty dollars and an additional fee of ten dollars for each oil and gas extraction storage facility in excess of twenty-five reported on the inventory form up to a total fee of nine hundred dollars in lieu of the fees required in paragraphs (A)(1) and (A)(2) of this rule.

(F) An agricultural producer who is not required to submit hazardous chemical information under rule 3750-30-01 of the Administrative Code with respect to his agricultural activities is exempt from any filing fee imposed by this rule.

(G) A transportation related facility not required to submit hazardous chemical information under rule 3750-30-01 of the Administrative Code is exempt from any filing fees imposed by this rule.

(H) [Reserved.]

(I) An owner or operator required to pay the commission an annual chemical inventory filing fee pursuant to this rule shall calculate and determine the annual chemical inventory filing fee due for that reporting year on the "facility Annual chemical Inventory Filing Fee worksheet" adopted by the commission. The owner or operator is required to submit the annual chemical inventory fees to the commission in a check or money order made payable to the "Treasurer, State of Ohio" as established in rule 3750-50-03 of the Administrative Code, attached to the filing fee worksheet.

(J) An owner or operator of more than one facility required to pay the commission an annual chemical inventory filing fee may do so by submitting a single check or money order to the commission along with a "Facility Summary List" containing such information as may be required by the commission. This form may require the name of each facility, street address or latitude and longitude coordinates, city or township, county, number of chemicals subject to reporting, base fee, additional fee, late filing fee, local credit and total annual chemical inventory fee as to be applied to each facility for which the payment is to apply.

Last updated July 6, 2021 at 7:12 PM

Supplemental Information

Authorized By: 3750.02(B)(1)(j)
Amplifies: 3750.13
Five Year Review Date: 3/17/2026
Prior Effective Dates: 6/30/1990, 4/6/1999

Rule 3750-50-03 | Emergency planning and community right-to-know fund.

• Effective: November 18, 2017
• Promulgated Under: 119.03

(A) Moneys received by the commission for filing fees based upon an owner or operator's annual chemical inventory filing fee under rule 3750-50-01 of the Administrative Code, fees collected for actual costs in accessing files and records submitted to the commission pursuant to division (B)(2)(c)(x) of section 3750.02 of the Revised Code, and civil penalties imposed under division (B) of section 3750.20 of the Revised Code, shall be credited to the "Emergency Planning and Community Right-To-Know Fund" (hereinafter referred to as "fund") created in section 3750.14 of the Revised Code for the implementation and administration of Chapter 3750. of the Revised Code.

(B) Moneys collected by the commission pursuant to paragraph (A) of this rule shall be credited to the fund until an aggregate amount of five million dollars has been accumulated during a state fiscal year. All moneys in excess of five million dollars received during a state fiscal year shall be credited to the "Emergency planning and Community Right-To-Know Reserve Fund" (hereinafter referred to as "Reserve Fund") created in section 3750.14 of the Revised Code and established in rule 3750-50-20 of the Administrative Code.

(C) The commission shall administer both the fund and reserve fund.

(D) The commission shall annually determine allocation of the fund on or before May first of each year. The commission shall allocate moneys in the fund through a grant program adopted by the commission to each of the following entities or classes of entities in the percentages stated:

(1) To the commission, not less than fifteen nor more than twenty-five per cent of the moneys in the fund.

(2) To the committees, not less than sixty-five nor more than seventy-five per cent of the moneys in the fund.

(3) To fire departments, not less than five nor more than fifteen per cent of the moneys in the fund.

(E) The allocated moneys shall be distributed annually at the start of each state fiscal year to the commission, state agencies represented on the commission, committees and fire departments. The commission's decisions on the distribution of moneys from the fund are not appealable.

(F) Moneys received by the commission, state agencies represented on the commission, committees and fire departments under this rule shall not be used to do any of the following:

(1) Acquire first response equipment as defined under paragraph (T) of rule 3750-1-01 of the Administrative Code, except as otherwise provided in paragraph (E)(2) of rule 3750-50-10 of the Administrative Code.

(2) Defray costs for copying and mailing hazardous chemical lists, material safety data sheets, or emergency and hazardous chemical inventory forms submitted under Chapter 3750. of the Revised Code for distribution to the public.

(3) Reimburse any person for expenditures accrued or associated with an emergency response and cleanup of a release of oil, a hazardous substance or an extremely hazardous substance.

(4) Perform any assessment of damages to natural resources resulting from a release of oil, a hazardous substance, or an extremely hazardous substance.

(G) Monies received by the commission, state agencies represented on the commission, committees and fire departments under this rule may only be used to do those things necessary, incidental, or appropriate to implement, administer and enforce Chapter 3750. of the Revised Code and rules adopted thereunder.

Supplemental Information

Authorized By: 3750.02(B)(7)
Amplifies: 3750.14, 3750.15
Five Year Review Date: 3/17/2026
Prior Effective Dates: 4/6/1999, 6/5/2006

Rule 3750-50-05 | Special emergency planning fund.

• Effective: October 29, 2011
• Promulgated Under: 119.03

(A) Moneys received by the committee of the district lying wholly within the boundaries of a county shall be credited to the "Special Emergency Planning Fund" (hereinafter referred to as "special fund") created in section 3750.03 of the Revised Code. If a district or joint district contains territory within two or more counties, moneys received by the committee shall be credited to the special fund created by section 3705.03 of the Revised Code in the treasury of the county whose county auditor has been designated by the committee as the fiscal officer of the district.

(B) All moneys received as civil penalties under divisions (B)(1) to (B)(4) of section 3750.20 of the Revised Code pursuant to actions brought by the committee or local fire department shall be credited to the special fund of the district in which the violation occurred.

(C) The special fund shall be administered by the committee of the emergency planning district and moneys credited to the special fund shall be expended only for the purpose of carrying out the powers and duties of the committee under Chapter 3750. of the Revised Code, rules adopted and orders issued thereunder.

(D) Moneys received by the committee of a joint interstate district shall be credited, administered, and expended in the same manner as an emergency planning district as established in paragraph (C) of this rule, unless an agreement establishing the joint interstate district provides otherwise.

Supplemental Information

Authorized By: 3750.02(B)(1)(j)
Amplifies: 3750.03(F)
Five Year Review Date: 3/17/2026
Prior Effective Dates: 4/6/1999, 6/5/2006

Rule 3750-50-07 | First-time filer grant awards.

• Effective: April 6, 1999
• Promulgated Under: Ch 119.

(A) Division (E) of section 3750.14 of the Revised Code provides that in the year in which the owner or operator of a facility who is required to file an emergency and hazardous chemical inventory form(s) for the facility, first; files a form in compliance with section 3750.08 of the Revised Code and the accompanying fee as required by section 3750.13 of the Revised Code for the facility, the commission shall make a grant to the committee of the emergency planning district in which the facility is located for the total amount of fees and late fees collected in that year in connection with the filing of the form(s) for said facility. When an incomplete file which is also a first time file becomes complete, the credit shall be given to the committee in the fiscal year that the file is determined to be complete.

(B) The amount of the grant provided shall be in addition to any grant provided to the committee under division (C) of section 3750.14 of the Revised Code and shall accompany the grant.

(C) The total first time filer fee credits provided to the local committees who have made applications for first time filer grants to the commission shall be subtracted from the emergency planning fund balance on the date of record before any other allocations are calculated, pursuant to section 3750.14 (E) of the Revised Code.

(D) Each committee that has filed a first time filer application pursuant to rule 3750-50-08 of the Administrative Code is entitled to receive a first time filer fee credit for a facility listed in the application when a complete first time file as defined by paragraph (UU) of rule 3750-1-01 of the Administrative Code is received by the commission.

(E) The annual reporting cycle for consideration by the commission for approval or disapproval of a file as a first time file shall commence on July first of each year and shall terminate on June thirtieth of the following year.

(F) Moneys received by a committee shall be used for the same purposes and shall be subject to the same provision as the grants received under division (C) of section 3750.14 of the Revised Code and rule 3750-50-03 of the Administrative Code.

Supplemental Information

Authorized By: –
Amplifies: –
Five Year Review Date:
Prior Effective Dates: 12/31/1994

Rule 3750-50-08 | Committee responsibilities for first time filer grant application.

• Effective: April 6, 1999
• Promulgated Under: Ch 119.

(A) On or before May thirtieth of each year, each committee who wishes to submit an application for a first time filer grant shall submit in a manner acceptable to the commission, a list of first time filers.

(B) The application for a first time filer grant shall contain at a minimum the following information:

(1) The parent company name and address;

(2) The facility name and address;

(3) Additional information which would assist the commission in determining that this facility is a first time filer.

(C) Each committee who submitted an application for a first time filer grant on or before May thirtieth, may submit an updated list of first time files by June thirtieth of the current state fiscal year.

Supplemental Information

Authorized By: –
Amplifies: –
Five Year Review Date:
Prior Effective Dates: 12/31/1994

Rule 3750-50-09 | Commission responsibilities for first time filer grant awards.

• Effective: April 6, 1999
• Promulgated Under: Ch 119.

(A) The commission shall provide to the committees by May fifteenth of each year an updated list of first time filers entered into the inventory tracking system used by the commission.

(B) First time filers listed by committees in their first time filer grant applications submitted to the commission as prescribed in rule 3750-50-08 of the Administrative Code shall be reviewed and cross checked by the Ohio EPA staff designated to support the commission to determine if a facility file submitted to the commission is a first time file.

(1) The commission's cross check shall consist of review of:

(a) Annual chemical inventory forms for the current inventory year and/or years commencing with 1987; and

(b) Cash accounting reports commencing with inventory reporting year 1988; and

(c) Data entered into the chemical inventory tracking system; and;

(d) Documents verifying committee efforts to gain facility compliance.

(2) The first time filer fee plus any late fee payments shall be credited to the appropriate committee and be added to their annual grant award once the first time file is determined to be complete.

(3) First time filer credit will not be granted for filers of a negative declaration or fee exempt reports under sections 3750.08 and 3750.13 of the Revised Code.

(C) The cross checks as outlined under paragraph (B) of this rule shall be completed by June thirtieth of the current state fiscal year and a summary report shall be made to the commission.

(D) The commission shall provide a listing of those facilities determined to be first time filers to each committee who has submitted an application for a first time filer grant. This list will accompany the first time filer award which will be added to the committee's grant awarded under section 3750.14 of the Revised Code.

Supplemental Information

Authorized By: –
Amplifies: –
Five Year Review Date:
Prior Effective Dates: 12/31/1994

Rule 3750-50-10 | Grant application for emergency planning and community right-to-know funds.

• Effective: November 18, 2017
• Promulgated Under: 119.03

[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) From the moneys collected under paragraph (A) rule 3750-50-03 of the Administrative Code, the commission, shall make annual grants from the fund to the commission, state agencies represented on the commission, committees and fire departments within the percentage ranges specified in paragraph (D) of rule 3750-50-03 of the Administrative Code for the implementation, administration and enforcement of Chapter 3750. of the Revised Code.

(B) Each application for a grant shall be submitted on forms adopted by the commission as prescribed in this rule. Each application for a grant shall be completed and submitted in triplicate to the commission in compliance with the following schedule:

(1) Committee grant applications shall be postmarked no later than the first day of February.

(2) Fire department grant applications shall be submitted with the committee's grant application within whose jurisdiction they lie on the same dates as listed in paragraph (B)(1) of this rule. Fire department applications shall be submitted in compliance with paragraph (F) of this rule.

(3) Applications for each state agency represented on the commission, the commission and the environmental review appeals commission shall be prepared and submitted to the commission, date stamped no later than April first for the upcoming fiscal year.

(C) In making grants to the committees and fire departments under this rule, the commission shall consider the timeliness of the application and the needs of the emergency planning district or fire departments in determining the minimum amount of money necessary for a committee to implement, administer, and enforce Chapter 3750. of the Revised Code including expenses of the committees to prepare or revise, exercise, and review the chemical emergency response and preparedness plan in terms of the following:

(1) Minimum requirements for personnel.

(2) Essential office equipment.

(3) The number of facilities in the district or under jurisdiction of the fire department that are subject to section 3750.05 of the Revised Code.

(4) The amounts of extremely hazardous substances produced, used, or stored in the district or territory under the jurisdiction of the fire department.

(5) The population within the district or under jurisdiction of the fire department that resides in close proximity to the facilities that are subject to that section.

(6) Principal routes for the transportation of hazardous materials identified or listed by regulations adopted under the Hazardous Materials Transportation Act contained in 49 USC 5112, as amended and the amounts of those materials.

(D) Each application for a grant under this rule shall demonstrate that the grant will enhance the ability of the recipient or, in case of the state agency represented on the commission or the commission's application, the state as a whole, to prepare for and respond to releases of hazardous substances and extremely hazardous substances.

(E) Grant applications received postmarked later than February first, shall be reduced by one per cent per day of the calculated award. Applications postmarked more than thirty calendar days after February first will not be considered for funding for the upcoming state fiscal year.

(F) A fire department which is wholly within one emergency planning district shall apply for and receive a grant under this rule only through that committee of that emergency planning district. A fire department which is within more than one emergency planning district, shall apply for and receive a grant under this rule only through one committee of an emergency planning district for any state fiscal year.

(1) In making a grant under this rule to the fire department of a municipal corporation that is collecting a fee pursuant to an ordinance, rule, or requirement for reporting or providing the names and amounts of extremely hazardous substances or hazardous chemicals stored at the facilities in the municipal corporation that was in effect on or before December 14, 1988, the commission shall do the following:

(a) Determine the amount of the grant for which the fire department would otherwise be eligible under paragraph (D)(3) of rule 3750-50-03 of the Administrative Code.

(b) Subtract from that amount the total amount of moneys collected by the municipal corporation during the preceding year pursuant to reporting requirements, as certified to the commission in the grant application.

(c) If the calculation as set forth in paragraphs (F)(1)(a) and (F)(1)(b) of this rule yields a positive remainder, the commission may make a grant to the fire department in that amount, otherwise the fire department is not eligible for a grant under this rule for that state fiscal year.

(2) After a committee determines that the initial training needs for emergency response personnel within the emergency planning district set forth in the committee's plan or most recent review of the plan under section 3750.04 of the Revised Code have been met, a committee may make grants from the moneys received in the special fund to the fire departments located within the district for the purchase of first response equipment in accordance with procedures approved by the commission.

Supplemental Information

Authorized By: 3750.02(B)(7)
Amplifies: 3750.14
Five Year Review Date: 3/17/2026
Prior Effective Dates: 2/22/1990 (Emer.), 10/29/2011

Rule 3750-50-15 | Reimbursement for costs incurred under Chapter 3750. of the Revised Code.

• Effective: April 6, 1999
• Promulgated Under: Ch 119.

(A) A committee may, for the implementation, administration and enforcement of Chapter 3750. of the Revised Code:

(1) Make grants from the moneys it receives under rule 3750-50-10 of the Administrative Code to reimburse any portion of the contributions made by a political subdivision to the committee to the extent that the committee considers that the moneys are available for that purpose.

(2) Receive and accept from any public or private source, gifts, grants, or contributions of money, services of personnel and real or personal property or their use.

(3) Accept contributions from a municipal corporation, county, or township may, for purposes of this rule, of money, services of personnel, and real or personal property or their use on behalf of the district in which it is located.

(4) The committee shall appoint and fix the compensation of employees or enter into contracts necessary or appropriate to perform the functions of a committee under Chapter 3750. of the Revised Code.

(B) The commission may for implementing and administering the requirements of Chapter 3750. of the Revised Code:

(1) Make grants from the fund to state agencies on the commission to reimburse any portion of the services provided to the commission to the extent that moneys are available for that purpose.

(2) Receive and accept from any public or private source, for the purposes of Chapter 3750. of the Revised Code, gifts, grants, or contributions of money, services of personnel and real or personal property or their use.

(3) The commission may appoint and fix the compensation of employees or enter into contracts necessary or appropriate to perform the functions under Chapter 3750. of the Revised Code.

(4) Enter into contracts, agreements, or memoranda of understanding with any state department, agency, board, commission, or institution to obtain the services of personnel thereof or utilize resources thereof for the purposes of this chapter. Employees of a state department, agency, board, commission, or institution providing services to the commission under any such contract, agreement, or memorandum shall perform only those functions and provide only the services provided for in the contract, agreement, or memorandum.

Supplemental Information

Authorized By: –
Amplifies: –
Five Year Review Date:
Prior Effective Dates: 6/30/1990

Rule 3750-50-20 | Emergency planning and community right-to-know reserve fund.

• Effective: November 18, 2017
• Promulgated Under: 119.03

(A) Moneys collected and accumulated by the commission under rule 3750-50-03 of the Administrative Code in excess of five million dollars during a state fiscal year shall be credited to the "Emergency Planning and Community Right-To-Know Reserve Fund" (hereinafter referred to as "Reserve Fund") created in section 3750.14 of the Revised Code. The commission shall administer the reserve fund.

(B) If moneys accumulate in the reserve fund is in excess of three million dollars during any state fiscal year, the treasurer of the state of Ohio shall refund those excess moneys at the end of the state fiscal year on a pro rata basis to the owners or operators of facilities who paid filing fees under rule 3750-50-01 of the Administrative Code.

(C) If, in any state fiscal year, less than five million dollars is credited to the fund under rule 3750-50-03 of the Administrative Code, the director of budget and management, upon the certification of the commission, may transfer up to fifty per cent of the moneys in the reserve fund to the fund.

The director of budget and management shall transfer only such amounts as are necessary to ensure all budgetary requirements of the fund are met, provided that expenditures from the fund shall not exceed five million dollars during any state fiscal year.

(D) Fifty per cent of the moneys in the reserve fund shall be used for the grant program provided under paragraph (E) of rule 3750-50-10 of the Administrative Code and fifty per cent of the moneys shall remain in reserve for purposes of paragraph (F) of this rule.

(E) The commission may make grants from the reserve fund to the commission, state agencies represented on the commission, committees and the fire departments. No more than twenty-five per cent of the moneys available for grants during any state fiscal year shall be available to the commission.

(F) The commission may make grants to the commission, state agencies represented on the commission, committees, and the fire departments for the following:

(1) The development and implementation of chemical emergency response and preparedness plans.

(2) Advance training.

(3) Data management;

(4) Performance of hazard analysis and vulnerability studies for purposes of developing or revising their plans.

(5) The acquisition of first response equipment.

(G) Moneys shall be awarded to the committees and fire departments for advanced training, data management, performing of hazard analysis and vulnerability studies, or the acquisition of first response equipment only when expenditures for those purposes are identified as being needed in the chemical emergency response and preparedness plan of the emergency planning district prepared pursuant to section 3750.04 of the Revised Code or in the most recent review of the plan conducted under division (C) of that section.

(H) Moneys awarded under this rule shall not be used to do either of the following:

(1) Reimburse any person for expenditures incurred for emergency response and cleanup of a release of oil, a hazardous substance, or an extremely hazardous substance.

(2) To perform any assessment of damages to natural resources resulting from release of oil, hazardous substance, or an extremely hazardous substance.

(I) Grant moneys awarded to the commission under this rule may be expended, by contract, to support the participation of any state agency in chemical emergency response planning and training or to acquire first response equipment for any state agency whose needs have been identified in the state emergency response plan prepared under division (B)(13) of section 3750.02 of the Revised Code.

The state agency receiving moneys under this rule shall provide the required matching funds as established in rule 3750-50-25 of the Administrative Code from moneys available to the agency other than those received under rule 3750-50-10 of the Administrative Code.

Supplemental Information

Authorized By: 3750.02(B)(7)
Amplifies: 3750.15
Five Year Review Date: 3/17/2026
Prior Effective Dates: 2/22/1990 (Emer.)

Rule 3750-50-25 | Grant application for funds in the emergency planning and community right-to-know reserve fund.

• Effective: June 30, 1990
• Promulgated Under: Ch 119.

(A) Each application for a grant shall be submitted on forms adopted by the commission. Such grant applications shall be completed and submitted to the commission in triplicate.

(B) All applications for grants submitted by the committees and fire departments within the jurisdiction of a committee shall be submitted jointly by the committee to the commission.

A fire department which is wholly within one emergency planning district shall apply for and receive a grant under this rule only through the committee of that emergency planning district. A fire department which is within more than one emergency planning district shall apply for and receive a grant under this rule only through one committee of the emergency planning district for any state fiscal year.

(C) Each application for a grant submitted to the commission pursuant to this rule shall demonstrate that the grant will enhance the ability of the recipient or, in case of the state agencies represented on the commission or commission, the state as a whole, to prepare for and respond to releases of hazardous substances and extremely hazardous substances.

(D) Each application from a committee shall demonstrate that expenditures from applicable local revenues for the purpose of preparedness for emergency response to those releases and for administration of the district's emergency response program did not decline during the immediately preceding three years.

(E) No grant shall be awarded from the reserve fund unless the grantee provides matching funds equal to twenty-five per cent of the amount requested.

If two or more committees submit a joint application for a grant to promote cooperative emergency planning and training or to share first response equipment, the matching fund requirement shall be reduced to ten per cent of the amount requested.

The matching funds required by this rule may consist of contributions of money by any person or of contributions in-kind through the purchase of first response equipment.

No moneys received pursuant to rule 3750-50-10 of the Administrative Code shall be used to provide any of the matching funds required by this rule.

(F) No grant awarded under this rule shall exceed the amount of one hundred thousand dollars.

Supplemental Information

Authorized By: –
Amplifies: –
Five Year Review Date: