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
(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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.