The Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has adopted amended rules in Ohio Administrative Code (OAC) Chapter 3745-104, “Accidental Releases Prevention Program” Rules. The rules in this chapter establish Ohio’s Accidental Release Prevention Program. These rules were promulgated after Ohio received the delegation of authority from USEPA in December 1999 for the program. The rules require facilities to submit a Risk Management Plan (RMP), implement a prevention program, and an emergency response plan or program.
The amended rules became effective as of Thursday, August 5, 2021 (see the Public Notice of Adoption). The rules are being adopted after a draft comment period ending September 18, 2021, a proposal comment period ending May 18, 2021, and a public hearing held May 18, 2021, virtually.
Administrative rules 3745-104-01, 3745-104-05, 3745-104-06, 3745-104-17, 3745-104-24, 3745-104-36, 3745-104-37, 3745-104-47, and 3745-104-51 were amended to include federal language from the November 20, 2019 Risk Management Program (RMP) Reconsideration Final Rule as signed by the USEPA Administrator, effective December 19, 2019. The amended language modifies and improves the existing rules as related to local level emergency response planning.
Specifically, DAPC amended OAC 3745-104-01 to add the definition for the LEPC (local emergency planning committee). Rules 3745-104-05, 3745-104-06, 3745-104-36, and 3745-104-37 are being amended to correlate with US EPA’s annual notification drill requirements and emergency response agency coordination efforts for all covered facilities.
Additionally, these rules are being modified to reflect exercise requirements for responding facilities, including field and tabletop exercises. Rules 3745-104-17 and 3745-104-24 are being amended to reflect the current terminology for Safety Data Sheets (formerly Material Safety Data Sheets). Rule 3745 -104-41 requires a public meeting to be held within 90 days of an RMP reportable incident that had offsite impacts.
DAPC is also made minor changes throughout the 3745-104 chapter to fix typos, address LSC and agency formatting issues and to remove unnecessary restrictions. Due to these changes, OAC rules 3745-104-33 and 3745-104-47 are being rescinded/replaced. OAC rule 3745-104-53 is being rescinded since the fee requirements are covered in the Ohio Revised Code.