As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 219 5
1997-1998 6
SENATORS GARDNER-CUPP-KEARNS-SUHADOLNIK 8
10
A B I L L
To enact sections 3753.01, 3753.02, 3753.03, 12
3753.04, 3753.05, 3753.06, 3753.07, 3753.08, 13
3753.09, 3753.10, and 3753.99 of the Revised Code 14
to require the owners or operators of stationary
sources that have more than the threshold 15
quantity of a regulated substance to submit a 16
risk management plan related to that regulated 17
substance, and to establish the requirements of
the risk management program. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 3753.01, 3753.02, 3753.03, 22
3753.04, 3753.05, 3753.06, 3753.07, 3753.08, 3753.09, 3753.10, 23
and 3753.99 of the Revised Code be enacted to read as follows: 24
Sec. 3753.01. AS USED IN THIS CHAPTER: 26
(A) "ACCIDENTAL RELEASE" MEANS AN UNANTICIPATED EMISSION 29
OF A REGULATED SUBSTANCE OR OTHER EXTREMELY HAZARDOUS SUBSTANCE 30
INTO THE AMBIENT AIR FROM A STATIONARY SOURCE. 31
(B) "CLEAN AIR ACT AMENDMENTS" MEANS THE "CLEAN AIR ACT 36
AMENDMENTS OF 1990" 91 STAT. 685, 42 U.S.C. 7401 ET SEQ., AS 39
AMENDED, AND REGULATIONS ADOPTED UNDER IT. 40
(C) "COVERED PROCESS" MEANS A PROCESS THAT HAS A REGULATED 43
SUBSTANCE PRESENT IN AN AMOUNT IN EXCESS OF THE THRESHOLD 44
QUANTITY AS DETERMINED IN RULES ADOPTED UNDER DIVISION (A)(1) OF 46
SECTION 3753.02 OF THE REVISED CODE. 48
(D) "ENVIRONMENTAL RECEPTOR" MEANS NATURAL AREAS SUCH AS 51
NATIONAL OR STATE PARKS, FORESTS, OR MONUMENTS; OFFICIALLY 52
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DESIGNATED WILDLIFE SANCTUARIES, PRESERVES, REFUGES, OR AREAS, 53
AND FEDERAL WILDERNESS AREAS, THAT COULD BE EXPOSED AT ANY TIME 54
TO TOXIC CONCENTRATIONS, RADIANT HEAT, OR OVERPRESSURE GREATER 55
THAN OR EQUAL TO THE ENDPOINTS PROVIDED IN RULES ADOPTED UNDER 56
SECTION 3753.02 OF THE REVISED CODE AND THAT CAN BE IDENTIFIED ON 59
LOCAL UNITED STATES GEOLOGICAL SURVEY MAPS. 62
(E) "OWNER OR OPERATOR" MEANS ANY PERSON WHO OWNS, LEASES, 65
OPERATES, CONTROLS, OR SUPERVISES A STATIONARY SOURCE. 66
(F) "PROCESS" MEANS ANY ACTIVITY INVOLVING A REGULATED 69
SUBSTANCE INCLUDING ANY USE, STORAGE, MANUFACTURING, HANDLING, OR 70
ON-SITE MOVEMENT OF THE SUBSTANCE, OR ANY COMBINATION OF THESE 71
ACTIVITIES. ANY GROUP OF VESSELS THAT ARE INTERCONNECTED, OR 72
SEPARATE VESSELS THAT ARE LOCATED IN SUCH A MANNER THAT A 73
REGULATED SUBSTANCE POTENTIALLY COULD BE INVOLVED IN A RELEASE, 75
SHALL BE CONSIDERED A SINGLE PROCESS.
(G) "PUBLIC" MEANS ANY PERSON EXCEPT EMPLOYEES OR 78
CONTRACTORS AT THE STATIONARY SOURCE. 79
(H) "PUBLIC RECEPTOR" MEANS OFFSITE RESIDENCES, 82
INSTITUTIONS SUCH AS SCHOOLS OR HOSPITALS, INDUSTRIAL, 83
COMMERCIAL, AND OFFICE BUILDINGS, PARKS, OR RECREATIONAL AREAS 84
INHABITED OR OCCUPIED BY THE PUBLIC AT ANY TIME WHERE SUCH 85
MEMBERS OF THE PUBLIC COULD BE EXPOSED TO TOXIC CONCENTRATIONS, 86
RADIANT HEAT, OR OVERPRESSURE AS A RESULT OF AN ACCIDENTAL 87
RELEASE.
(I) "REGULATED SUBSTANCE" MEANS A TOXIC OR FLAMMABLE 90
SUBSTANCE LISTED IN RULES ADOPTED UNDER DIVISION (A)(1) OF 92
SECTION 3753.02 OF THE REVISED CODE. 94
(J) "RISK MANAGEMENT PLAN" MEANS THE RISK MANAGEMENT PLAN 97
REQUIRED UNDER SECTION 3753.03 OF THE REVISED CODE. 99
(K) "STATIONARY SOURCE" MEANS ANY BUILDINGS, STRUCTURES, 102
EQUIPMENT, INSTALLATIONS, OR SUBSTANCE-EMITTING STATIONARY 103
ACTIVITIES THAT BELONG TO THE SAME INDUSTRIAL GROUP, THAT ARE 104
LOCATED ON ONE OR MORE CONTIGUOUS PROPERTIES UNDER THE CONTROL OF 105
THE SAME PERSON OR PERSONS AND FROM WHICH AN ACCIDENTAL RELEASE 106
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MAY OCCUR. "STATIONARY SOURCE" DOES NOT APPLY TO THE 107
TRANSPORTATION, INCLUDING STORAGE INCIDENT TO TRANSPORTATION, OF 108
ANY REGULATED SUBSTANCE OR ANY OTHER EXTREMELY HAZARDOUS 109
SUBSTANCE UNDER THIS CHAPTER. A STATIONARY SOURCE INCLUDES 110
TRANSPORTATION CONTAINERS USED FOR STORAGE NOT INCIDENT TO 111
TRANSPORTATION AND TRANSPORTATION CONTAINERS CONNECTED TO 112
EQUIPMENT AT A STATIONARY SOURCE FOR LOADING AND UNLOADING. 113
TRANSPORTATION INCLUDES, BUT IS NOT LIMITED TO, TRANSPORTATION 114
SUBJECT TO OVERSIGHT OR REGULATION UNDER 49 C.F.R. PART 192, 193, 117
OR 195, OR A STATE NATURAL GAS OR HAZARDOUS LIQUID PROGRAM FOR 118
WHICH THE STATE HAS IN EFFECT A CERTIFICATION TO THE UNITED 119
STATES DEPARTMENT OF TRANSPORTATION UNDER 49 U.S.C. 60105. A 121
STATIONARY SOURCE DOES NOT INCLUDE NATURALLY OCCURRING
HYDROCARBON RESERVOIRS. PROPERTIES SHALL NOT BE CONSIDERED 122
CONTIGUOUS SOLELY BECAUSE OF A RAILROAD OR PIPE-LINE 123
RIGHT-OF-WAY. 124
(L) "THRESHOLD QUANTITY" MEANS THE QUANTITY SPECIFIED FOR 127
REGULATED SUBSTANCES PURSUANT TO RULES ADOPTED UNDER DIVISION 129
(A)(1) OF SECTION 3753.02 OF THE REVISED CODE. 131
(M) "VESSEL" MEANS ANY REACTOR, TANK, DRUM, BARREL, 134
CYLINDER, VAT, KETTLE, BOILER, PIPE, HOSE, OR OTHER CONTAINER. 135
Sec. 3753.02. THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY 138
ADOPT, AND MAY AMEND OR RESCIND, RULES IN ACCORDANCE WITH CHAPTER 139
119. OF THE REVISED CODE. THE RULES SHALL BE CONSISTENT WITH AND 141
EQUIVALENT IN SCOPE, CONTENT, AND COVERAGE TO, AND NO MORE 142
STRINGENT THAN THE REQUIREMENTS OF SECTION 112(r) OF THE CLEAN 145
AIR ACT AMENDMENTS AND ANY REGULATIONS ADOPTED PURSUANT TO THAT 148
SECTION. THE RULES ADOPTED UNDER THIS SECTION MAY DO ANY OF THE 149
FOLLOWING:
(A) IDENTIFY AND LIST REGULATED SUBSTANCES AND ESTABLISH 152
THRESHOLD QUANTITIES FOR ANY REGULATED SUBSTANCE IN A PROCESS AT 153
A STATIONARY SOURCE;
(B) ADD OR DELETE REGULATED SUBSTANCES FROM THE LIST 156
ESTABLISHED PURSUANT TO RULES ADOPTED UNDER THIS SECTION OR 157
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REVISE THE THRESHOLD QUANTITY FOR ANY REGULATED SUBSTANCE; 158
(C) PRESCRIBE THE FORM AND ALL OF THE ELEMENTS OF THE RISK 161
MANAGEMENT PLAN;
(D) PRESCRIBE THE CRITERIA FOR CONDUCTING A HAZARD 164
ASSESSMENT, INCLUDING, BUT NOT LIMITED TO, CRITERIA FOR A WORST 165
CASE RELEASE ASSESSMENT;
(E) PRESCRIBE CRITERIA FOR DEVELOPING AN EMERGENCY 168
RESPONSE PROGRAM;
(F) PRESCRIBE CRITERIA FOR DEVELOPING AND IMPLEMENTING A 171
MANAGEMENT SYSTEM UNDER DIVISIONS (C) AND (D) OF SECTION 3753.04 173
OF THE REVISED CODE; 175
(G) PRESCRIBE CRITERIA FOR THE IMPLEMENTATION OF 178
PREVENTION REQUIREMENTS FOR COVERED PROCESSES SUBJECT TO PROGRAM 179
2 AND PROGRAM 3 REQUIREMENTS; 180
(H) PRESCRIBE RECORD-KEEPING REQUIREMENTS, AUDIT 183
REQUIREMENTS, AND PUBLIC RECORD-KEEPING REQUIREMENTS; 184
(I) PRESCRIBE THE SCHEDULE AND FORMAT FOR THE SUBMISSION 187
OF RISK MANAGEMENT PLANS AND OTHER INFORMATION REQUIRED TO BE 188
SUBMITTED UNDER THIS CHAPTER OR RULES ADOPTED UNDER IT; 189
(J) PRESCRIBE TOXIC AND FLAMMABLE ENDPOINTS FOR REGULATED 192
SUBSTANCES;
(K) ESTABLISH ANY OTHER REQUIREMENTS THAT THE DIRECTOR 195
DETERMINES TO BE NECESSARY OR APPROPRIATE TO IMPLEMENT AND 196
ADMINISTER THIS CHAPTER.
Sec. 3753.03. (A)(1) EFFECTIVE UPON THE DATE THAT THE 199
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DELEGATES THE 201
PROGRAM CREATED UNDER SECTION 112(r) OF THE CLEAN AIR ACT 206
AMENDMENTS TO THE ENVIRONMENTAL PROTECTION AGENCY OF THIS STATE, 207
AN OWNER OR OPERATOR OF A STATIONARY SOURCE THAT HAS MORE THAN A 208
THRESHOLD QUANTITY OF A REGULATED SUBSTANCE IN A PROCESS AS 209
DETERMINED PURSUANT TO RULES ADOPTED UNDER SECTION 3753.02 OF THE 210
REVISED CODE SHALL COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER 213
AND ANY RULES ADOPTED UNDER IT RELATING TO THE DEVELOPMENT AND 214
SUBMISSION OF A RISK MANAGEMENT PLAN NO LATER THAN THE LATEST OF 215
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THE FOLLOWING:
(a) JUNE 21, 1999; 217
(b) THE DATE ON WHICH A REGULATED SUBSTANCE IS FIRST 219
PRESENT ABOVE A THRESHOLD QUANTITY IN A PROCESS; 220
(c) THREE YEARS AFTER THE DATE ON WHICH A REGULATED 222
SUBSTANCE IS FIRST LISTED UNDER 40 C.F.R. 68.130. 225
(2) THE OWNER OR OPERATOR OF A STATIONARY SOURCE THAT HAS 227
SUBMITTED A RISK MANAGEMENT PLAN AS REQUIRED BY DIVISION (A)(1) 229
OF THIS SECTION OR SUBMITTED AN UPDATE TO A RISK MANAGEMENT PLAN 230
UNDER DIVISION (A)(2) OF THIS SECTION SHALL REVISE AND UPDATE 232
THAT RISK MANAGEMENT PLAN AS FOLLOWS, WHICHEVER IS APPLICABLE: 233
(a) NOT LATER THAN FIVE YEARS AFTER THE INITIAL SUBMISSION 236
OF THE RISK MANAGEMENT PLAN UNDER DIVISION (A)(1) OF THIS 237
SECTION; 238
(b) NOT LATER THAN FIVE YEARS AFTER THE MOST RECENT UPDATE 241
OF THE RISK MANAGEMENT PLAN UNDER DIVISION (A)(2) OF THIS 242
SECTION; 243
(c) AS OTHERWISE PROVIDED IN RULES ADOPTED BY THE DIRECTOR 246
UNDER SECTION 3753.02 OF THE REVISED CODE. 248
(B) A COVERED PROCESS IN A STATIONARY SOURCE IS ELIGIBLE 251
FOR PROGRAM 1 REQUIREMENTS UNDER SECTION 3753.04 OF THE REVISED 253
CODE IF IT MEETS ALL OF THE FOLLOWING: 254
(1) FOR THE FIVE YEARS PRIOR TO THE SUBMISSION OF A RISK 256
MANAGEMENT PLAN, THE PROCESS HAS NOT HAD AN ACCIDENTAL RELEASE OF 258
A REGULATED SUBSTANCE WHERE EXPOSURE TO THE SUBSTANCE, ITS
REACTION PRODUCTS, OVERPRESSURE GENERATED BY AN EXPLOSION 259
INVOLVING THE SUBSTANCE, OR RADIANT HEAT GENERATED BY A FIRE 260
INVOLVING THE SUBSTANCE LED TO ANY OF THE FOLLOWING OFFSITE: 262
(a) DEATH TO ANY PERSON; 264
(b) INJURY TO ANY PERSON; 266
(c) RESPONSE OR RESTORATION ACTIVITIES FOR AN 269
ENVIRONMENTAL RECEPTOR.
(2) THE DISTANCE TO A TOXIC OR FLAMMABLE ENDPOINT FOR A 271
WORST CASE RELEASE ASSESSMENT CONDUCTED PURSUANT TO A HAZARD 272
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ASSESSMENT AS SPECIFIED IN RULES ADOPTED UNDER SECTION 3753.02 OF 274
THE REVISED CODE IS LESS THAN THE DISTANCE TO ANY PUBLIC 276
RECEPTOR;
(3) EMERGENCY RESPONSE PROCEDURES HAVE BEEN COORDINATED 278
BETWEEN THE STATIONARY SOURCE AND LOCAL EMERGENCY PLANNING AND 279
RESPONSE ORGANIZATIONS. 280
(C) A COVERED PROCESS IS SUBJECT TO PROGRAM 2 REQUIREMENTS 283
UNDER SECTION 3753.04 OF THE REVISED CODE IF IT DOES NOT MEET THE 284
ELIGIBILITY REQUIREMENTS OF DIVISION (B) OR (D) OF THIS SECTION. 285
(D) A COVERED PROCESS IS SUBJECT TO PROGRAM 3 REQUIREMENTS 287
UNDER SECTION 3753.04 OF THE REVISED CODE IF THE PROCESS DOES NOT 288
MEET THE ELIGIBILITY REQUIREMENTS OF DIVISION (B) OF THIS SECTION 290
AND EITHER OF THE FOLLOWING CONDITIONS IS MET: 291
(1) THE PROCESS IS IN STANDARD INDUSTRIAL CLASSIFICATION 293
CODE 2611, 2812, 2819, 2821, 2865, 2869, 2873, 2879, OR 2911; 295
(2) THE PROCESS IS SUBJECT TO THE UNITED STATES 297
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION SAFETY MANAGEMENT 298
STANDARD UNDER 29 C.F.R. 1910.119. 301
(E) IF AT ANY TIME A COVERED PROCESS NO LONGER MEETS THE 304
ELIGIBILITY REQUIREMENTS OF ITS PROGRAM LEVEL, THE OWNER OR 305
OPERATOR SHALL COMPLY WITH THE REQUIREMENTS OF THE NEW PROGRAM 306
LEVEL THAT APPLIES TO THE COVERED PROCESS AND UPDATE THE 307
APPLICABLE RISK MANAGEMENT PLAN WITHIN SIX MONTHS OF THE COVERED 308
PROCESS'S CHANGE IN ELIGIBILITY IN COMPLIANCE WITH THIS CHAPTER 309
AND ANY RULES ADOPTED UNDER IT. 310
Sec. 3753.04. (A) THE OWNER OR OPERATOR OF A STATIONARY 313
SOURCE SUBJECT TO THE REQUIREMENTS OF THIS CHAPTER SHALL SUBMIT A 314
SINGLE RISK MANAGEMENT PLAN THAT REFLECTS ALL COVERED PROCESSES 315
AT THE STATIONARY SOURCE BY THE APPLICABLE DEADLINE SET FORTH 316
UNDER DIVISION (A) OF SECTION 3753.03 OF THE REVISED CODE AND IN 318
THE FORM REQUIRED BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION 319
PURSUANT TO RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED 320
CODE. THE RISK MANAGEMENT PLAN SHALL INCLUDE A REGISTRATION THAT 321
REFLECTS ALL COVERED PROCESSES AT THE STATIONARY SOURCE. 322
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(B) IN ADDITION TO MEETING THE REQUIREMENTS OF DIVISION 326
(A) OF THIS SECTION, THE OWNER OR OPERATOR OF A STATIONARY SOURCE 327
WITH ONE OR MORE COVERED PROCESSES THAT ARE ELIGIBLE FOR PROGRAM 328
1 REQUIREMENTS UNDER SECTION 3753.03 OF THE REVISED CODE SHALL DO 330
ALL OF THE FOLLOWING: 331
(1) SUBMIT WITH THE RISK MANAGEMENT PLAN AN ANALYSIS OF 333
THE WORST-CASE RELEASE SCENARIO FOR EACH COVERED PROCESS AND 334
DOCUMENTATION THAT THE NEAREST PUBLIC RECEPTOR IS BEYOND THE 335
DISTANCE TO A TOXIC OR FLAMMABLE ENDPOINT; 336
(2) SUBMIT WITH THE RISK MANAGEMENT PLAN A FIVE-YEAR 338
ACCIDENT HISTORY FOR THE PROCESS; 339
(3) ENSURE THAT RESPONSE ACTIONS HAVE BEEN COORDINATED 341
WITH LOCAL EMERGENCY PLANNING AND RESPONSE AGENCIES; 342
(4) CERTIFY IN THE RISK MANAGEMENT PLAN THAT "BASED UPON 345
CRITERIA IN RULES ADOPTED BY THE DIRECTOR OF ENVIRONMENTAL 348
PROTECTION UNDER SECTION 3753.02 OF THE REVISED CODE, THE 350
DISTANCE TO THE SPECIFIED ENDPOINT FOR THE WORST-CASE ACCIDENTAL 351
RELEASE SCENARIO FOR THE FOLLOWING PROCESS(ES) IS LESS THAN THE 352
DISTANCE TO THE NEAREST PUBLIC RECEPTOR:(LIST PROCESSES). WITHIN 353
THE PAST FIVE YEARS, THE PROCESS(ES) HAS (HAVE) HAD NO ACCIDENTAL 354
RELEASE THAT CAUSED OFFSITE IMPACTS PROVIDED FOR IN RULES ADOPTED 356
BY THE DIRECTOR UNDER SECTION 3753.02 OF THE REVISED CODE. NO 358
ADDITIONAL MEASURES ARE NECESSARY TO PREVENT OFFSITE IMPACTS FROM 359
ACCIDENTAL RELEASES. IN THE EVENT OF FIRE, EXPLOSION, OR A 360
RELEASE OF A REGULATED SUBSTANCE FROM THE PROCESS(ES), ENTRY 361
WITHIN THE DISTANCE TO THE SPECIFIED ENDPOINTS MAY POSE A DANGER 362
TO THE PUBLIC EMERGENCY RESPONDERS. THEREFORE, PUBLIC EMERGENCY 363
RESPONDERS SHOULD NOT ENTER THIS AREA EXCEPT AS ARRANGED WITH THE 365
EMERGENCY CONTACT INDICATED IN THE RISK MANAGEMENT PLAN. THE 366
UNDERSIGNED CERTIFIES THAT, TO THE BEST OF MY KNOWLEDGE, THE
INFORMATION SUBMITTED IS TRUE, ACCURATE, AND COMPLETE. 367
(SIGNATURE, TITLE, DATE SIGNED)." 368
(C) IN ADDITION TO MEETING THE REQUIREMENTS OF DIVISION 372
(A) OF THIS SECTION, THE OWNER OR OPERATOR OF A STATIONARY SOURCE 373
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WITH ONE OR MORE COVERED PROCESSES THAT ARE ELIGIBLE FOR PROGRAM 374
2 REQUIREMENTS UNDER SECTION 3753.03 OF THE REVISED CODE SHALL DO 376
ALL OF THE FOLLOWING: 377
(1) DEVELOP AND IMPLEMENT A MANAGEMENT SYSTEM IN 379
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE 381
REVISED CODE; 382
(2) CONDUCT A HAZARD ASSESSMENT IN ACCORDANCE WITH RULES 384
ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE; 387
(3) IMPLEMENT PROGRAM 2 PREVENTION REQUIREMENTS OR 389
IMPLEMENT PROGRAM 3 PREVENTION REQUIREMENTS IN ACCORDANCE WITH 390
RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE; 393
(4) DEVELOP AND IMPLEMENT AN EMERGENCY RESPONSE PROGRAM IN 396
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE 397
REVISED CODE; 398
(5) SUBMIT AS PART OF THE RISK MANAGEMENT PLAN DATA ON 400
PREVENTION PROGRAM ELEMENTS FOR COVERED PROCESSES SUBJECT TO 401
PROGRAM 2 REQUIREMENTS. 402
(D) IN ADDITION TO MEETING THE REQUIREMENTS OF DIVISION 406
(A) OF THIS SECTION, THE OWNER OR OPERATOR OF A STATIONARY SOURCE 407
WITH ONE OR MORE COVERED PROCESSES THAT ARE ELIGIBLE FOR PROGRAM 408
3 REQUIREMENTS UNDER SECTION 3753.03 OF THE REVISED CODE SHALL DO 410
ALL OF THE FOLLOWING: 411
(1) DEVELOP AND IMPLEMENT A MANAGEMENT SYSTEM IN 413
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE 415
REVISED CODE; 416
(2) CONDUCT A HAZARD ASSESSMENT IN ACCORDANCE WITH RULES 418
ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE; 421
(3) IMPLEMENT PROGRAM 3 PREVENTION REQUIREMENTS IN 423
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE 425
REVISED CODE; 426
(4) DEVELOP AND IMPLEMENT AN EMERGENCY RESPONSE PROGRAM IN 429
ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE 430
REVISED CODE; 431
(5) SUBMIT AS PART OF THE RISK MANAGEMENT PLAN DATA ON 433
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PREVENTION PROGRAM ELEMENTS FOR COVERED PROCESSES SUBJECT TO 434
PROGRAM 3 REQUIREMENTS. 435
(E) NO OWNER OR OPERATOR OF A STATIONARY SOURCE REQUIRED 438
TO SUBMIT A RISK MANAGEMENT PLAN SHALL FAIL TO SUBMIT SUCH A PLAN 439
AS REQUIRED BY THIS SECTION.
(F) AN OWNER OR OPERATOR OF A STATIONARY SOURCE WHO IS 442
REQUIRED UNDER THIS SECTION TO SUBMIT A RISK MANAGEMENT PLAN AND 443
WHO KNOWINGLY MAKES A FALSE STATEMENT IN THAT PLAN, OR ON A 444
RECORD UPON WHICH INFORMATION IN THAT PLAN IS BASED, OR ON OR 445
PERTAINING TO ANY OTHER INFORMATION OR RECORDS REQUIRED TO BE 446
KEPT UNDER THIS CHAPTER OR RULES ADOPTED UNDER IT IS GUILTY OF 447
FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE. 449
Sec. 3753.05. (A) AN OWNER OR OPERATOR OF A STATIONARY 451
SOURCE FOR WHICH THE SUBMISSION OF A RISK MANAGEMENT PLAN IS 452
REQUIRED PURSUANT TO THIS CHAPTER SHALL PAY ANNUALLY TO THE 453
ENVIRONMENTAL PROTECTION AGENCY A FEE OF FIFTY DOLLARS AND ANY OF 455
THE FOLLOWING APPLICABLE FEES:
(1) A FEE OF SIXTY-FIVE DOLLARS IF A COVERED PROCESS IN 457
THE STATIONARY SOURCE INCLUDES PROPANE AND PROPANE IS THE ONLY 458
REGULATED SUBSTANCE AT THE STATIONARY SOURCE OVER THE THRESHOLD 459
QUANTITY; 460
(2) A FEE OF SIXTY-FIVE DOLLARS IF A COVERED PROCESS IN 462
THE STATIONARY SOURCE INCLUDES ANHYDROUS AMMONIA THAT IS SOLD FOR 464
USE AS AN AGRICULTURAL NUTRIENT AND IS ON-SITE OVER THE THRESHOLD 465
QUANTITY; 466
(3) A FEE OF TWO HUNDRED DOLLARS FOR EACH REGULATED 468
SUBSTANCE OVER THE THRESHOLD QUANTITY. PROPANE SHALL BE COUNTED 469
AS A REGULATED SUBSTANCE SUBJECT TO THE FEE LEVIED UNDER DIVISION 471
(A)(3) OF THIS SECTION ONLY IF IT IS NOT THE ONLY REGULATED 472
SUBSTANCE OVER THRESHOLD QUANTITY. ANHYDROUS AMMONIA SHALL BE 473
CONSIDERED AS A REGULATED SUBSTANCE SUBJECT TO THE FEE LEVIED 474
UNDER DIVISION (A)(3) OF THIS SECTION ONLY IF IT IS NOT SOLD FOR 476
USE AS AN AGRICULTURAL NUTRIENT.
(B) IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 479
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OF THE REVISED CODE, THE FEES ASSESSED UNDER DIVISION (A) OF THIS 482
SECTION SHALL BE COLLECTED FOR THE YEAR 1999 NO LATER THAN JUNE 484
21, 1999. THEREAFTER, THE FEES SHALL BE COLLECTED NO LATER THAN 485
THE FIRST DAY OF SEPTEMBER OF EACH YEAR. THE FEES ASSESSED UNDER 487
DIVISION (A) OF THIS SECTION FOR A STATIONARY SOURCE SHALL BE 489
BASED UPON THE REGULATED SUBSTANCES PRESENT OVER THE THRESHOLD 491
QUANTITY IDENTIFIED IN THE RISK MANAGEMENT PLAN ON FILE FOR THE 492
YEAR 1999 AS OF THE TWENTY-FIRST DAY OF JUNE, AND FOR EACH 493
SUBSEQUENT YEAR AS OF THE FIRST DAY OF SEPTEMBER. 494
(C) THE OWNER OR OPERATOR OF A STATIONARY SOURCE FOR WHICH 497
THE SUBMISSION OF A RISK MANAGEMENT PLAN IS REQUIRED UNDER THIS 498
CHAPTER WHO FAILS TO SUBMIT SUCH A PLAN WITHIN THIRTY DAYS AFTER 499
THE APPLICABLE FILING DATE PRESCRIBED BY RULES ADOPTED UNDER 500
SECTION 3753.02 OF THE REVISED CODE SHALL SUBMIT WITH THE RISK 502
MANAGEMENT PLAN A LATE FILING FEE OF FIFTEEN PER CENT OF THE 503
TOTAL FEES DUE UNDER DIVISION (A) OF THIS SECTION. 505
(D) THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY ESTABLISH 508
FEES TO BE PAID BY PERSONS, OTHER THAN PUBLIC OFFICERS OR 509
EMPLOYEES, TO COVER THE COSTS OF OBTAINING COPIES OF DOCUMENTS OR 510
INFORMATION SUBMITTED TO THE DIRECTOR UNDER THIS CHAPTER AND THE 511
RULES ADOPTED UNDER IT. THE DIRECTOR MAY CHARGE THE ACTUAL COSTS 512
INVOLVED IN ACCESSING ANY COMPUTERIZED DATA BASE ESTABLISHED OR 513
USED FOR THE PURPOSES OF ASSISTING IN THE ADMINISTRATION OF THIS 514
CHAPTER.
(E) ALL MONEYS RECEIVED BY THE AGENCY UNDER DIVISION (A), 518
(C), OR (D) OF THIS SECTION SHALL BE TRANSMITTED TO THE TREASURER 521
OF STATE TO BE CREDITED TO THE RISK MANAGEMENT PLAN REPORTING 522
FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. THE RISK 523
MANAGEMENT PLAN REPORTING FUND SHALL BE ADMINISTERED BY THE 524
DIRECTOR AND USED EXCLUSIVELY FOR THE ADMINISTRATION AND 525
ENFORCEMENT OF THIS CHAPTER AND RULES ADOPTED UNDER IT. 526
(F) BEGINNING IN FISCAL YEAR 2001, AND EVERY TWO YEARS 529
THEREAFTER, THE DIRECTOR SHALL REVIEW THE TOTAL AMOUNT OF MONEYS 530
IN THE RISK MANAGEMENT PLAN REPORTING FUND TO DETERMINE IF THAT 532
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AMOUNT EXCEEDS SEVEN HUNDRED FIFTY THOUSAND DOLLARS IN EITHER OF 533
THE TWO PRECEDING FISCAL YEARS. IF THE TOTAL AMOUNT OF MONEYS IN 534
THE FUND IN A FISCAL YEAR EXCEEDED SEVEN HUNDRED FIFTY THOUSAND 535
DOLLARS IN EITHER FISCAL YEAR, THE DIRECTOR, AFTER REVIEW OF THE 537
FEE STRUCTURE AND CONSULTATION WITH AFFECTED PERSONS, SHALL ISSUE 538
AN ORDER REDUCING THE AMOUNT OF THE FEES LEVIED UNDER DIVISION 539
(A) OF THIS SECTION SO THAT THE ESTIMATED AMOUNT OF MONEYS 540
RESULTING FROM THE FEES WILL NOT EXCEED SEVEN HUNDRED FIFTY 541
THOUSAND DOLLARS IN ANY FISCAL YEAR. 542
IF, UPON REVIEW OF THE FEES UNDER THIS DIVISION AND AFTER 544
THE FEES HAVE BEEN REDUCED, THE DIRECTOR DETERMINES THAT THE 546
TOTAL AMOUNT OF MONEYS COLLECTED AND ACCUMULATED IS LESS THAN 547
SEVEN HUNDRED FIFTY THOUSAND DOLLARS, THE DIRECTOR, AFTER REVIEW 548
OF THE FEE STRUCTURE AND CONSULTATION WITH AFFECTED PERSONS, 549
SHALL ISSUE AN ORDER INCREASING THE AMOUNT OF THE FEES LEVIED 550
UNDER DIVISION (A) OF THIS SECTION SO THAT THE ESTIMATED AMOUNT 552
OF MONEYS RESULTING FROM THE FEES WILL BE APPROXIMATELY SEVEN 553
HUNDRED FIFTY THOUSAND DOLLARS. FEES SHALL NEVER BE RAISED TO AN 554
AMOUNT EXCEEDING THE AMOUNT SPECIFIED IN DIVISION (A) OF THIS 555
SECTION.
NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE, THE 559
DIRECTOR MAY ISSUE AN ORDER UNDER THIS DIVISION WITHOUT THE 560
NECESSITY TO HOLD AN ADJUDICATORY HEARING IN CONNECTION WITH THE 561
ORDER. THE ISSUANCE OF AN ORDER UNDER THIS DIVISION IS NOT AN 562
ACT OR ACTION FOR PURPOSES OF SECTION 3745.04 OF THE REVISED 565
CODE.
Sec. 3753.06. NO PERSON SHALL VIOLATE ANY SECTION OF THIS 568
CHAPTER OR A RULE ADOPTED OR ORDER ISSUED UNDER IT.
Sec. 3753.07. THE DIRECTOR OF ENVIRONMENTAL PROTECTION OR 571
THE DIRECTOR'S AUTHORIZED REPRESENTATIVE, UPON PROPER
IDENTIFICATION AND UPON STATING THE PURPOSE AND NECESSITY OF AN 572
INSPECTION, MAY ENTER AT REASONABLE TIMES UPON ANY PRIVATE OR 573
PUBLIC PROPERTY, REAL OR PERSONAL, TO INSPECT, INVESTIGATE, 574
OBTAIN SAMPLES, AND EXAMINE AND COPY RECORDS TO DETERMINE 575
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COMPLIANCE WITH THE CHAPTER AND RULES ADOPTED OR ORDERS ISSUED 576
UNDER IT. THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED 577
REPRESENTATIVE MAY APPLY FOR, AND ANY JUDGE OF A COURT OF RECORD 578
MAY ISSUE FOR USE WITHIN THE COURT'S TERRITORIAL JURISDICTION, AN 580
ADMINISTRATIVE INSPECTION WARRANT UNDER DIVISION (F) OF SECTION 581
2933.21 OF THE REVISED CODE OR OTHER APPROPRIATE SEARCH WARRANT 584
NECESSARY TO ACHIEVE THE PURPOSES OF THIS CHAPTER. 585
Sec. 3753.08. THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY 588
ISSUE ORDERS REQUIRING THE OWNER OR OPERATOR OF A STATIONARY
SOURCE SUBJECT TO THE REQUIREMENTS OF THIS CHAPTER TO ABATE A 589
VIOLATION OF THIS CHAPTER OR A RULE ADOPTED OR ORDER ISSUED UNDER 591
IT. THE DIRECTOR MAY ISSUE SUCH ORDERS AS FINAL ORDERS WITHOUT 592
ISSUING A PROPOSED ACTION UNDER SECTION 3745.07 OF THE REVISED 594
CODE AND, NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE, 596
WITHOUT THE NECESSITY TO HOLD AN ADJUDICATION HEARING. ISSUANCE 597
OF AN ORDER UNDER THIS SECTION IS NOT A CONDITION PRECEDENT TO 598
BRINGING ANY CIVIL, CRIMINAL, OR CIVIL PENALTY ACTION UNDER THIS 599
CHAPTER.
Sec. 3753.09. (A) THE ATTORNEY GENERAL, THE PROSECUTING 602
ATTORNEY OF A COUNTY, OR THE DIRECTOR OF LAW OF A CITY WHERE A 603
VIOLATION HAS OCCURRED OR IS OCCURRING, UPON WRITTEN REQUEST OF 604
THE DIRECTOR OF ENVIRONMENTAL PROTECTION, SHALL PROSECUTE TO 605
TERMINATION OR BRING AN ACTION FOR INJUNCTION AGAINST ANY PERSON 606
WHO HAS VIOLATED ANY SECTION OF THIS CHAPTER OR ANY RULE ADOPTED 607
OR ORDER ISSUED UNDER IT. THE COURT OF COMMON PLEAS IN WHICH AN 608
ACTION FOR INJUNCTION IS FILED HAS THE JURISDICTION TO AND SHALL 609
GRANT PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF UPON SHOWING 610
THAT THE PERSON AGAINST WHOM THE ACTION IS BROUGHT HAS VIOLATED 611
OR IS VIOLATING ANY SECTION OF THIS CHAPTER OR A RULE ADOPTED OR 612
ORDER ISSUED UNDER IT. THE COURT SHALL GIVE PRECEDENCE TO SUCH 613
AN ACTION OVER ALL OTHER CASES. 614
UPON THE CERTIFIED WRITTEN REQUEST OF ANY PERSON, THE 616
DIRECTOR SHALL CONDUCT SUCH INVESTIGATION AND MAKE SUCH 617
INQUIRIES AS ARE NECESSARY TO SECURE COMPLIANCE WITH THIS CHAPTER 619
13
OR RULES ADOPTED OR ORDERS ISSUED UNDER IT. THE DIRECTOR, UPON 620
REQUEST OR UPON THE DIRECTOR'S OWN INITIATIVE, MAY INVESTIGATE OR 621
MAKE INQUIRIES INTO ANY VIOLATION OF THIS CHAPTER OR RULES 622
ADOPTED OR ORDERS ISSUED UNDER IT.
(B) WHOEVER VIOLATES SECTION 3753.06 OF THE REVISED CODE 626
OR AN ORDER ISSUED UNDER THIS CHAPTER SHALL PAY A CIVIL PENALTY 627
OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR EACH DAY OF 628
EACH VIOLATION. THE ATTORNEY GENERAL, THE PROSECUTING ATTORNEY 629
OF THE COUNTY, OR THE DIRECTOR OF LAW OF THE CITY WHERE A 630
VIOLATION OF THIS CHAPTER OR A RULE ADOPTED OR ORDER ISSUED UNDER 631
IT HAS OCCURRED OR IS OCCURRING, UPON WRITTEN REQUEST OF THE 632
DIRECTOR, SHALL BRING AN ACTION FOR THE IMPOSITION OF A CIVIL 633
PENALTY UNDER THIS DIVISION AGAINST ANY PERSON WHO HAS COMMITTED 634
OR IS COMMITTING ANY SUCH VIOLATION. ALL CIVIL PENALTIES 635
RECEIVED UNDER THIS DIVISION SHALL BE CREDITED TO THE RISK 636
MANAGEMENT PLAN REPORTING FUND CREATED IN SECTION 3753.05 OF THE 637
REVISED CODE. 639
(C) ANY ACTION FOR INJUNCTION OR CIVIL PENALTIES UNDER 642
DIVISION (A) OR (B) OF THIS SECTION IS A CIVIL ACTION GOVERNED BY 645
THE RULES OF CIVIL PROCEDURE.
Sec. 3753.10. (A) AS USED IN THIS SECTION: 648
(1) "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR 650
PROPERTY. 651
(2) "TORT ACTION" MEANS A CIVIL ACTION FOR DAMAGES FOR 653
HARM, BUT DOES NOT INCLUDE A CIVIL ACTION FOR DAMAGES FOR A 654
BREACH OF CONTRACT OR OTHER AGREEMENT BETWEEN PERSONS OR FOR A 655
BREACH OF A WARRANTY THAT EXISTS PURSUANT TO THE REVISED CODE OR 658
THE COMMON LAW OF THIS STATE. 659
(B) THE STATE, AND ANY OFFICER OR EMPLOYEE THEREOF AS 662
DEFINED IN SECTION 109.36 OF THE REVISED CODE, IS NOT LIABLE IN A 664
TORT ACTION WHEN THE STATE INSPECTS, INVESTIGATES, REVIEWS, OR 665
ACCEPTS A RISK MANAGEMENT PLAN FROM AN OWNER OR OPERATOR OF A 666
STATIONARY SOURCE SUBJECT TO THIS CHAPTER UNLESS AN ACTION OR 667
OMISSION OF THE STATE, OR AN OFFICER OR EMPLOYEE THEREOF, 668
14
CONSTITUTES WILLFUL OR WANTON MISCONDUCT OR INTENTIONALLY 669
TORTUOUS CONDUCT. ANY ACTION BROUGHT AGAINST THE STATE UNDER 670
THIS DIVISION SHALL BE BROUGHT IN THE COURT OF CLAIMS. 671
(C)(1) THIS SECTION DOES NOT CREATE, AND SHALL NOT BE 674
CONSTRUED AS CREATING, A NEW CAUSE OF ACTION AGAINST OR 675
SUBSTANTIVE LEGAL RIGHT AGAINST THE STATE OR AN OFFICER OR 676
EMPLOYEE THEREOF.
(2) THIS SECTION DOES NOT AFFECT, AND SHALL NOT BE 678
CONSTRUED AS AFFECTING, ANY IMMUNITIES FROM CIVIL LIABILITY OR 679
DEFENSES ESTABLISHED BY THE REVISED CODE, THE UNITED STATES 683
CONSTITUTION, THE OHIO CONSTITUTION, OR AVAILABLE AT COMMON LAW 684
TO WHICH THIS STATE, OR AN OFFICER OR EMPLOYEE THEREOF, MAY BE 685
ENTITLED UNDER CIRCUMSTANCES NOT COVERED BY THIS SECTION. 686
(3) SECTION 9.86 OF THE REVISED CODE DOES NOT APPLY TO AN 690
OFFICER OR EMPLOYEE OF THE STATE IF THE OFFICER OR EMPLOYEE IS 691
PERFORMING WORK IN CONNECTION WITH INSPECTING, INVESTIGATING, 692
REVIEWING, OR ACCEPTING A RISK MANAGEMENT PLAN FROM AN OWNER OR 693
OPERATOR OF A STATIONARY SOURCE SUBJECT TO THIS CHAPTER AT THE 694
TIME THAT THE OFFICER OR EMPLOYEE ALLEGEDLY CAUSED THE HARM, OR 695
CAUSED OR CONTRIBUTED TO THE PRESENCE OR RELEASE OF TOXIC OR 696
FLAMMABLE SUBSTANCES FOR WHICH DAMAGES ARE SOUGHT IN A TORT 697
ACTION. IN THE ALTERNATIVE, THE IMMUNITIES CONFERRED BY DIVISION 699
(B) OF THIS SECTION APPLY TO THAT INDIVIDUAL.
Sec. 3753.99. WHOEVER PURPOSELY VIOLATES DIVISION (E) OF 702
SECTION 3753.04 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN 705
TWENTY THOUSAND DOLLARS AND IMPRISONED FOR NOT MORE THAN ONE 706
YEAR, OR BOTH. EACH VIOLATION IS A SEPARATE OFFENSE.