Ohio Admin. Code 3745-104-38 - Risk management plan: submission
[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) The owner or operator shall submit a
single RMP that:
includes the information required by rules 3745-104-41 to
3745-104-48 of the Administrative Code for all covered processes. The RMP shall
be submitted in a method and format to a central point as specified by USEPA as
of the date of submission.
(1)
Includes the information required by rules
3745-104-41 to
3745-104-48 of the
Administrative Code for all covered processes.
(2)
Is submitted in a
method and format to a central point as specified by USEPA as of the date of
submission.
(B)
The owner or operator shall submit the first RMP no later than the latest of
the following:
(1) June 21, 1999;
.
(2) Three years after the date on which a
regulated substance is first listed under 40 CFR Part 68, which is incorporated
into rule
3745-104-04 of the
Administrative Code; or
.
(3) The
date on which a regulated substance is first present above a threshold quantity
in a process with a copy of the initial RMP submitted
to Ohio EPA.
A copy of the initial RMP shall also
be submitted to Ohio EPA.
(C) The owner or operator for which an RMP
was submitted before June 21, 2004, shall revise the RMP to include the
information required by paragraphs (B)(6) and (B) (14) of rule
3745-104-42 of the
Administrative Code by June 21, 2004 in the manner specified by USEPA prior to
that date. Any such submission shall also include the information required by
paragraph (B)(20) of rule
3745-104-42 of the
Administrative Code (indicating that the submission is a correction to include
the information required by paragraphs (B)(6) and (B)(14) of rule
3745-104-42 of the
Administrative Code or an update under rule
3745-104-49 of the
Administrative Code).
(D)
Subsequent submissions of RMPs shall be in accordance with rule
3745-104-49 of the
Administrative Code. A copy
with copies
of subsequent submissions shall also being
submitted to Ohio EPA, but only when the subsequent submission is being made in
accordance with paragraphs (B)(2) to (B)(4), paragraph (B)(6), (B)(7), (C), or
(D)(1) of rule
3745-104-49 of the
Administrative Code.
(E) Nothing in
these rules is intended to enlarge or diminish any rights the owner or operator
may have to make a claim to USEPA for confidential business information for any
such information contained in the RMP that is submitted to USEPA. However, to
secure confidential treatment of information in the RMP which is submitted to
Ohio EPA, the owner or operator must seek protection of the information as a
trade secret exclusively in the manner set forth in rules
3745-104-39 and
3745-104-40 of the
Administrative Code.
(F) Procedures
for asserting that information submitted in the RMP is entitled to protection
as trade secret information are set forth in rules
3745-104-39 and
3745-104-40 of the
Administrative Code.
(G)
An owner or operator who is required to submit a risk
management plan under this chapter shall pay to Ohio EPA fees as specified in
section 3753.05 of the Revised
Code.
Replaces: 3745-104-53
Notes
Promulgated Under: 119.03
Statutory Authority: 3753.02
Rule Amplifies: 3753.02, 3753.03, 3753.05
Prior Effective Dates: 08/13/1999, 03/09/2001, 07/01/2005, 01/08/2010
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