Ohio Admin. Code 3745-104-36 - Emergency response: applicability and coordination
[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 (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]
(A)
Responding
stationary source. Except as provided in paragraph (B) of this rule, the
owner or operator of a stationary source with program two and program three
processes shall comply with paragraph (C)
the requirements of rule
3745-104-37 of the
Administrative Code.
(B)
Non-responding stationary source. The owner or
operator of a stationary source with program two and program three processes
whose employees will not respond to accidental releases of regulated substances
need not comply with rule
3745-104-37 of the
Administrative Code provided that they
the facility
meet
meets all of the
following:
(1) For stationary sources with
any regulated toxic substance held in a process above the threshold quantity,
the stationary source is included in the community emergency response plan
developed under
42 USC
11003
;
.
(2) For stationary sources with only
regulated flammable substances held in a process above the threshold quantity,
the owner or operator has coordinated response actions with the local fire
department; and
.
(3)
Appropriate mechanisms are in place to notify emergency responders when there
is a need for a response.
(4)
The owner or operator performs the annual emergency
response coordination activities required in paragraph (C) of this
rule.
(5)
The owner or operator performs a notification exercise
at least once each calendar year of the stationary source's emergency response
notification mechanisms required under paragraph (D)(2) of rule
3745-104-37 of the
Administrative Code.
(C)
Emergency
response coordination activities. The owner or operator of a stationary source
shall coordinate response needs with local emergency planning and response
organizations to determine how the stationary source is addressed in the
community emergency response plan and to ensure that local response
organizations are aware of the regulated substances at the stationary source,
their quantities, the risks presented by covered processes, and the resources
and capabilities at the stationary source to respond to an accidental release
of a regulated substance. Coordination activities shall:
(1)
Occur at least
annually, and more frequently if necessary, to address any of the following
changes:
(a)
At
the stationary source: in the stationary source's emergency response or
emergency action plan.
(b)
In the community emergency response
plan.
(2)
Include providing the local emergency planning and
response organizations with the following:
(a)
The stationary
source's emergency response plan if one exists.
(b)
Emergency action
plan.
(c)
Updated emergency contact information.
(d)
Other information
necessary for developing and implementing the local emergency response
plan.
(e)
For responding stationary sources, coordination also
includes consulting with the local emergency response officials to establish
appropriate schedules and plans for field and tabletop exercises in paragraph
(D) of rule
3745-104-37 of the
Administrative Code. The owner or operator shall request an opportunity to meet
with the local emergency planning committee and local fire department as
appropriate to review and discuss those materials.
(3)
Include
documentation provided by the owner or operator of coordination activities with
local authorities, including: The names of individuals involved and their
contact information (phone number, email address, and organizational
affiliates); dates of coordination activities; and nature of coordination
activities.
(D)
Classified and restricted information. The disclosure
of information classified or restricted by the department of defense or other
federal agencies or contractors of such agencies shall be controlled by
applicable laws, regulations, or executive orders concerning the release of
that classified or restricted information.
Notes
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753.03, 3753.03, 3753.04
Prior Effective Dates: 08/13/1999, 07/01/2005, 01/08/2010
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