To enact sections 3753.01, 3753.02, 3753.03, 3753.04, 3753.05, 3753.06, 3753.07, 3753.08, 3753.09, 3753.10, and 3753.99 of the Revised Code to require the owners or operators of stationary sources that have more than the threshold quantity of a regulated substance to submit a risk management plan related to that regulated substance, and to establish the requirements of the risk management program.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 3753.01. AS USED IN THIS CHAPTER:

(A) "ACCIDENTAL RELEASE" MEANS AN UNANTICIPATED EMISSION OF A REGULATED SUBSTANCE OR OTHER EXTREMELY HAZARDOUS SUBSTANCE INTO THE AMBIENT AIR FROM A STATIONARY SOURCE.

(B) "CLEAN AIR ACT AMENDMENTS" MEANS THE "CLEAN AIR ACT AMENDMENTS OF 1990" 91 STAT. 685, 42 U.S.C. 7401 ET SEQ., AS AMENDED, AND REGULATIONS ADOPTED UNDER IT.

(C) "COVERED PROCESS" MEANS A PROCESS THAT HAS A REGULATED SUBSTANCE PRESENT IN AN AMOUNT IN EXCESS OF THE THRESHOLD QUANTITY AS DETERMINED IN RULES ADOPTED UNDER DIVISION (A)(1) OF SECTION 3753.02 OF THE REVISED CODE.

(D) "ENVIRONMENTAL RECEPTOR" MEANS NATURAL AREAS SUCH AS NATIONAL OR STATE PARKS, FORESTS, OR MONUMENTS; OFFICIALLY DESIGNATED WILDLIFE SANCTUARIES, PRESERVES, REFUGES, OR AREAS, AND FEDERAL WILDERNESS AREAS, THAT COULD BE EXPOSED AT ANY TIME TO TOXIC CONCENTRATIONS, RADIANT HEAT, OR OVERPRESSURE GREATER THAN OR EQUAL TO THE ENDPOINTS PROVIDED IN RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE AND THAT CAN BE IDENTIFIED ON LOCAL UNITED STATES GEOLOGICAL SURVEY MAPS.

(E) "OWNER OR OPERATOR" MEANS ANY PERSON WHO OWNS, LEASES, OPERATES, CONTROLS, OR SUPERVISES A STATIONARY SOURCE.

(F) "PROCESS" MEANS ANY ACTIVITY INVOLVING A REGULATED SUBSTANCE INCLUDING ANY USE, STORAGE, MANUFACTURING, HANDLING, OR ON-SITE MOVEMENT OF THE SUBSTANCE, OR ANY COMBINATION OF THESE ACTIVITIES. ANY GROUP OF VESSELS THAT ARE INTERCONNECTED, OR SEPARATE VESSELS THAT ARE LOCATED IN SUCH A MANNER THAT A REGULATED SUBSTANCE POTENTIALLY COULD BE INVOLVED IN A RELEASE, SHALL BE CONSIDERED A SINGLE PROCESS.

(G) "PUBLIC" MEANS ANY PERSON EXCEPT EMPLOYEES OR CONTRACTORS AT THE STATIONARY SOURCE.

(H) "PUBLIC RECEPTOR" MEANS OFFSITE RESIDENCES, INSTITUTIONS SUCH AS SCHOOLS OR HOSPITALS, INDUSTRIAL, COMMERCIAL, AND OFFICE BUILDINGS, PARKS, OR RECREATIONAL AREAS INHABITED OR OCCUPIED BY THE PUBLIC AT ANY TIME WHERE SUCH MEMBERS OF THE PUBLIC COULD BE EXPOSED TO TOXIC CONCENTRATIONS, RADIANT HEAT, OR OVERPRESSURE AS A RESULT OF AN ACCIDENTAL RELEASE.

(I) "REGULATED SUBSTANCE" MEANS A TOXIC OR FLAMMABLE SUBSTANCE LISTED IN RULES ADOPTED UNDER DIVISION (A)(1) OF SECTION 3753.02 OF THE REVISED CODE.

(J) "RISK MANAGEMENT PLAN" MEANS THE RISK MANAGEMENT PLAN REQUIRED UNDER SECTION 3753.03 OF THE REVISED CODE.

(K) "STATIONARY SOURCE" MEANS ANY BUILDINGS, STRUCTURES, EQUIPMENT, INSTALLATIONS, OR SUBSTANCE-EMITTING STATIONARY ACTIVITIES THAT BELONG TO THE SAME INDUSTRIAL GROUP, THAT ARE LOCATED ON ONE OR MORE CONTIGUOUS PROPERTIES UNDER THE CONTROL OF THE SAME PERSON OR PERSONS AND FROM WHICH AN ACCIDENTAL RELEASE MAY OCCUR. "STATIONARY SOURCE" DOES NOT APPLY TO THE TRANSPORTATION, INCLUDING STORAGE INCIDENT TO TRANSPORTATION, OF ANY REGULATED SUBSTANCE OR ANY OTHER EXTREMELY HAZARDOUS SUBSTANCE UNDER THIS CHAPTER. A STATIONARY SOURCE INCLUDES TRANSPORTATION CONTAINERS USED FOR STORAGE NOT INCIDENT TO TRANSPORTATION AND TRANSPORTATION CONTAINERS CONNECTED TO EQUIPMENT AT A STATIONARY SOURCE FOR LOADING AND UNLOADING. TRANSPORTATION INCLUDES, BUT IS NOT LIMITED TO, TRANSPORTATION SUBJECT TO OVERSIGHT OR REGULATION UNDER 49 C.F.R. PART 192, 193, OR 195, OR A STATE NATURAL GAS OR HAZARDOUS LIQUID PROGRAM FOR WHICH THE STATE HAS IN EFFECT A CERTIFICATION TO THE UNITED STATES DEPARTMENT OF TRANSPORTATION UNDER 49 U.S.C. 60105. A STATIONARY SOURCE DOES NOT INCLUDE NATURALLY OCCURRING HYDROCARBON RESERVOIRS. PROPERTIES SHALL NOT BE CONSIDERED CONTIGUOUS SOLELY BECAUSE OF A RAILROAD OR PIPE-LINE RIGHT-OF-WAY.

(L) "THRESHOLD QUANTITY" MEANS THE QUANTITY SPECIFIED FOR REGULATED SUBSTANCES PURSUANT TO RULES ADOPTED UNDER DIVISION (A)(1) OF SECTION 3753.02 OF THE REVISED CODE.

(M) "VESSEL" MEANS ANY REACTOR, TANK, DRUM, BARREL, CYLINDER, VAT, KETTLE, BOILER, PIPE, HOSE, OR OTHER CONTAINER.

Sec. 3753.02. THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY ADOPT, AND MAY AMEND OR RESCIND, RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE. THE RULES SHALL BE CONSISTENT WITH AND EQUIVALENT IN SCOPE, CONTENT, AND COVERAGE TO, AND NO MORE STRINGENT THAN THE REQUIREMENTS OF SECTION 112(r) OF THE CLEAN AIR ACT AMENDMENTS AND ANY REGULATIONS ADOPTED PURSUANT TO THAT SECTION. THE RULES ADOPTED UNDER THIS SECTION MAY DO ANY OF THE FOLLOWING:

(A) IDENTIFY AND LIST REGULATED SUBSTANCES AND ESTABLISH THRESHOLD QUANTITIES FOR ANY REGULATED SUBSTANCE IN A PROCESS AT A STATIONARY SOURCE;

(B) ADD OR DELETE REGULATED SUBSTANCES FROM THE LIST ESTABLISHED PURSUANT TO RULES ADOPTED UNDER THIS SECTION OR REVISE THE THRESHOLD QUANTITY FOR ANY REGULATED SUBSTANCE;

(C) PRESCRIBE THE FORM AND ALL OF THE ELEMENTS OF THE RISK MANAGEMENT PLAN;

(D) PRESCRIBE THE CRITERIA FOR CONDUCTING A HAZARD ASSESSMENT, INCLUDING, BUT NOT LIMITED TO, CRITERIA FOR A WORST CASE RELEASE ASSESSMENT;

(E) PRESCRIBE CRITERIA FOR DEVELOPING AN EMERGENCY RESPONSE PROGRAM;

(F) PRESCRIBE CRITERIA FOR DEVELOPING AND IMPLEMENTING A MANAGEMENT SYSTEM UNDER DIVISIONS (C) AND (D) OF SECTION 3753.04 OF THE REVISED CODE;

(G) PRESCRIBE CRITERIA FOR THE IMPLEMENTATION OF PREVENTION REQUIREMENTS FOR COVERED PROCESSES SUBJECT TO PROGRAM 2 AND PROGRAM 3 REQUIREMENTS;

(H) PRESCRIBE RECORD-KEEPING REQUIREMENTS, AUDIT REQUIREMENTS, AND PUBLIC RECORD-KEEPING REQUIREMENTS;

(I) PRESCRIBE THE SCHEDULE AND FORMAT FOR THE SUBMISSION OF RISK MANAGEMENT PLANS AND OTHER INFORMATION REQUIRED TO BE SUBMITTED UNDER THIS CHAPTER OR RULES ADOPTED UNDER IT;

(J) PRESCRIBE TOXIC AND FLAMMABLE ENDPOINTS FOR REGULATED SUBSTANCES;

(K) ESTABLISH ANY OTHER REQUIREMENTS THAT THE DIRECTOR DETERMINES TO BE NECESSARY OR APPROPRIATE TO IMPLEMENT AND ADMINISTER THIS CHAPTER.

Sec. 3753.03. (A)(1) EFFECTIVE UPON THE DATE THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DELEGATES THE PROGRAM CREATED UNDER SECTION 112(r) OF THE CLEAN AIR ACT AMENDMENTS TO THE ENVIRONMENTAL PROTECTION AGENCY OF THIS STATE, AN OWNER OR OPERATOR OF A STATIONARY SOURCE THAT HAS MORE THAN A THRESHOLD QUANTITY OF A REGULATED SUBSTANCE IN A PROCESS AS DETERMINED PURSUANT TO RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE SHALL COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER AND ANY RULES ADOPTED UNDER IT RELATING TO THE DEVELOPMENT AND SUBMISSION OF A RISK MANAGEMENT PLAN NO LATER THAN THE LATEST OF THE FOLLOWING:

(a) JUNE 21, 1999;

(b) THE DATE ON WHICH A REGULATED SUBSTANCE IS FIRST PRESENT ABOVE A THRESHOLD QUANTITY IN A PROCESS;

(c) THREE YEARS AFTER THE DATE ON WHICH A REGULATED SUBSTANCE IS FIRST LISTED UNDER 40 C.F.R. 68.130.

(2) THE OWNER OR OPERATOR OF A STATIONARY SOURCE THAT HAS SUBMITTED A RISK MANAGEMENT PLAN AS REQUIRED BY DIVISION (A)(1) OF THIS SECTION OR SUBMITTED AN UPDATE TO A RISK MANAGEMENT PLAN UNDER DIVISION (A)(2) OF THIS SECTION SHALL REVISE AND UPDATE THAT RISK MANAGEMENT PLAN AS FOLLOWS, WHICHEVER IS APPLICABLE:

(a) NOT LATER THAN FIVE YEARS AFTER THE INITIAL SUBMISSION OF THE RISK MANAGEMENT PLAN UNDER DIVISION (A)(1) OF THIS SECTION;

(b) NOT LATER THAN FIVE YEARS AFTER THE MOST RECENT UPDATE OF THE RISK MANAGEMENT PLAN UNDER DIVISION (A)(2) OF THIS SECTION;

(c) AS OTHERWISE PROVIDED IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION 3753.02 OF THE REVISED CODE.

(B) A COVERED PROCESS IN A STATIONARY SOURCE IS ELIGIBLE FOR PROGRAM 1 REQUIREMENTS UNDER SECTION 3753.04 OF THE REVISED CODE IF IT MEETS ALL OF THE FOLLOWING:

(1) FOR THE FIVE YEARS PRIOR TO THE SUBMISSION OF A RISK MANAGEMENT PLAN, THE PROCESS HAS NOT HAD AN ACCIDENTAL RELEASE OF A REGULATED SUBSTANCE WHERE EXPOSURE TO THE SUBSTANCE, ITS REACTION PRODUCTS, OVERPRESSURE GENERATED BY AN EXPLOSION INVOLVING THE SUBSTANCE, OR RADIANT HEAT GENERATED BY A FIRE INVOLVING THE SUBSTANCE LED TO ANY OF THE FOLLOWING OFFSITE:

(a) DEATH TO ANY PERSON;

(b) INJURY TO ANY PERSON;

(c) RESPONSE OR RESTORATION ACTIVITIES FOR AN ENVIRONMENTAL RECEPTOR.

(2) THE DISTANCE TO A TOXIC OR FLAMMABLE ENDPOINT FOR A WORST CASE RELEASE ASSESSMENT CONDUCTED PURSUANT TO A HAZARD ASSESSMENT AS SPECIFIED IN RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE IS LESS THAN THE DISTANCE TO ANY PUBLIC RECEPTOR;

(3) EMERGENCY RESPONSE PROCEDURES HAVE BEEN COORDINATED BETWEEN THE STATIONARY SOURCE AND LOCAL EMERGENCY PLANNING AND RESPONSE ORGANIZATIONS.

(C) A COVERED PROCESS IS SUBJECT TO PROGRAM 2 REQUIREMENTS UNDER SECTION 3753.04 OF THE REVISED CODE IF IT DOES NOT MEET THE ELIGIBILITY REQUIREMENTS OF DIVISION (B) OR (D) OF THIS SECTION.

(D) A COVERED PROCESS IS SUBJECT TO PROGRAM 3 REQUIREMENTS UNDER SECTION 3753.04 OF THE REVISED CODE IF THE PROCESS DOES NOT MEET THE ELIGIBILITY REQUIREMENTS OF DIVISION (B) OF THIS SECTION AND EITHER OF THE FOLLOWING CONDITIONS IS MET:

(1) THE PROCESS IS IN STANDARD INDUSTRIAL CLASSIFICATION CODE 2611, 2812, 2819, 2821, 2865, 2869, 2873, 2879, OR 2911;

(2) THE PROCESS IS SUBJECT TO THE UNITED STATES OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION SAFETY MANAGEMENT STANDARD UNDER 29 C.F.R. 1910.119.

(E) IF AT ANY TIME A COVERED PROCESS NO LONGER MEETS THE ELIGIBILITY REQUIREMENTS OF ITS PROGRAM LEVEL, THE OWNER OR OPERATOR SHALL COMPLY WITH THE REQUIREMENTS OF THE NEW PROGRAM LEVEL THAT APPLIES TO THE COVERED PROCESS AND UPDATE THE APPLICABLE RISK MANAGEMENT PLAN WITHIN SIX MONTHS OF THE COVERED PROCESS'S CHANGE IN ELIGIBILITY IN COMPLIANCE WITH THIS CHAPTER AND ANY RULES ADOPTED UNDER IT.

Sec. 3753.04. (A) THE OWNER OR OPERATOR OF A STATIONARY SOURCE SUBJECT TO THE REQUIREMENTS OF THIS CHAPTER SHALL SUBMIT A SINGLE RISK MANAGEMENT PLAN THAT REFLECTS ALL COVERED PROCESSES AT THE STATIONARY SOURCE BY THE APPLICABLE DEADLINE SET FORTH UNDER DIVISION (A) OF SECTION 3753.03 OF THE REVISED CODE AND IN THE FORM REQUIRED BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION PURSUANT TO RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE. THE RISK MANAGEMENT PLAN SHALL INCLUDE A REGISTRATION THAT REFLECTS ALL COVERED PROCESSES AT THE STATIONARY SOURCE.

(B) IN ADDITION TO MEETING THE REQUIREMENTS OF DIVISION (A) OF THIS SECTION, THE OWNER OR OPERATOR OF A STATIONARY SOURCE WITH ONE OR MORE COVERED PROCESSES THAT ARE ELIGIBLE FOR PROGRAM 1 REQUIREMENTS UNDER SECTION 3753.03 OF THE REVISED CODE SHALL DO ALL OF THE FOLLOWING:

(1) SUBMIT WITH THE RISK MANAGEMENT PLAN AN ANALYSIS OF THE WORST-CASE RELEASE SCENARIO FOR EACH COVERED PROCESS AND DOCUMENTATION THAT THE NEAREST PUBLIC RECEPTOR IS BEYOND THE DISTANCE TO A TOXIC OR FLAMMABLE ENDPOINT;

(2) SUBMIT WITH THE RISK MANAGEMENT PLAN A FIVE-YEAR ACCIDENT HISTORY FOR THE PROCESS;

(3) ENSURE THAT RESPONSE ACTIONS HAVE BEEN COORDINATED WITH LOCAL EMERGENCY PLANNING AND RESPONSE AGENCIES;

(4) CERTIFY IN THE RISK MANAGEMENT PLAN THAT "BASED UPON CRITERIA IN RULES ADOPTED BY THE DIRECTOR OF ENVIRONMENTAL PROTECTION UNDER SECTION 3753.02 OF THE REVISED CODE, THE DISTANCE TO THE SPECIFIED ENDPOINT FOR THE WORST-CASE ACCIDENTAL RELEASE SCENARIO FOR THE FOLLOWING PROCESS(ES) IS LESS THAN THE DISTANCE TO THE NEAREST PUBLIC RECEPTOR:(LIST PROCESSES). WITHIN THE PAST FIVE YEARS, THE PROCESS(ES) HAS (HAVE) HAD NO ACCIDENTAL RELEASE THAT CAUSED OFFSITE IMPACTS PROVIDED FOR IN RULES ADOPTED BY THE DIRECTOR UNDER SECTION 3753.02 OF THE REVISED CODE. NO ADDITIONAL MEASURES ARE NECESSARY TO PREVENT OFFSITE IMPACTS FROM ACCIDENTAL RELEASES. IN THE EVENT OF FIRE, EXPLOSION, OR A RELEASE OF A REGULATED SUBSTANCE FROM THE PROCESS(ES), ENTRY WITHIN THE DISTANCE TO THE SPECIFIED ENDPOINTS MAY POSE A DANGER TO THE PUBLIC EMERGENCY RESPONDERS. THEREFORE, PUBLIC EMERGENCY RESPONDERS SHOULD NOT ENTER THIS AREA EXCEPT AS ARRANGED WITH THE EMERGENCY CONTACT INDICATED IN THE RISK MANAGEMENT PLAN. THE UNDERSIGNED CERTIFIES THAT, TO THE BEST OF MY KNOWLEDGE, THE INFORMATION SUBMITTED IS TRUE, ACCURATE, AND COMPLETE. (SIGNATURE, TITLE, DATE SIGNED)."

(C) IN ADDITION TO MEETING THE REQUIREMENTS OF DIVISION (A) OF THIS SECTION, THE OWNER OR OPERATOR OF A STATIONARY SOURCE WITH ONE OR MORE COVERED PROCESSES THAT ARE ELIGIBLE FOR PROGRAM 2 REQUIREMENTS UNDER SECTION 3753.03 OF THE REVISED CODE SHALL DO ALL OF THE FOLLOWING:

(1) DEVELOP AND IMPLEMENT A MANAGEMENT SYSTEM IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE;

(2) CONDUCT A HAZARD ASSESSMENT IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE;

(3) IMPLEMENT PROGRAM 2 PREVENTION REQUIREMENTS OR IMPLEMENT PROGRAM 3 PREVENTION REQUIREMENTS IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE;

(4) DEVELOP AND IMPLEMENT AN EMERGENCY RESPONSE PROGRAM IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE;

(5) SUBMIT AS PART OF THE RISK MANAGEMENT PLAN DATA ON PREVENTION PROGRAM ELEMENTS FOR COVERED PROCESSES SUBJECT TO PROGRAM 2 REQUIREMENTS.

(D) IN ADDITION TO MEETING THE REQUIREMENTS OF DIVISION (A) OF THIS SECTION, THE OWNER OR OPERATOR OF A STATIONARY SOURCE WITH ONE OR MORE COVERED PROCESSES THAT ARE ELIGIBLE FOR PROGRAM 3 REQUIREMENTS UNDER SECTION 3753.03 OF THE REVISED CODE SHALL DO ALL OF THE FOLLOWING:

(1) DEVELOP AND IMPLEMENT A MANAGEMENT SYSTEM IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE;

(2) CONDUCT A HAZARD ASSESSMENT IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE;

(3) IMPLEMENT PROGRAM 3 PREVENTION REQUIREMENTS IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE;

(4) DEVELOP AND IMPLEMENT AN EMERGENCY RESPONSE PROGRAM IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE;

(5) SUBMIT AS PART OF THE RISK MANAGEMENT PLAN DATA ON PREVENTION PROGRAM ELEMENTS FOR COVERED PROCESSES SUBJECT TO PROGRAM 3 REQUIREMENTS.

(E) NO OWNER OR OPERATOR OF A STATIONARY SOURCE REQUIRED TO SUBMIT A RISK MANAGEMENT PLAN SHALL FAIL TO SUBMIT SUCH A PLAN AS REQUIRED BY THIS SECTION.

(F) AN OWNER OR OPERATOR OF A STATIONARY SOURCE WHO IS REQUIRED UNDER THIS SECTION TO SUBMIT A RISK MANAGEMENT PLAN AND WHO KNOWINGLY MAKES A FALSE STATEMENT IN THAT PLAN, OR ON A RECORD UPON WHICH INFORMATION IN THAT PLAN IS BASED, OR ON OR PERTAINING TO ANY OTHER INFORMATION OR RECORDS REQUIRED TO BE KEPT UNDER THIS CHAPTER OR RULES ADOPTED UNDER IT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE.

Sec. 3753.05. (A) AN OWNER OR OPERATOR OF A STATIONARY SOURCE FOR WHICH THE SUBMISSION OF A RISK MANAGEMENT PLAN IS REQUIRED PURSUANT TO THIS CHAPTER SHALL PAY ANNUALLY TO THE ENVIRONMENTAL PROTECTION AGENCY A FEE OF FIFTY DOLLARS AND ANY OF THE FOLLOWING APPLICABLE FEES:

(1) A FEE OF SIXTY-FIVE DOLLARS IF A COVERED PROCESS IN THE STATIONARY SOURCE INCLUDES PROPANE AND PROPANE IS THE ONLY REGULATED SUBSTANCE AT THE STATIONARY SOURCE OVER THE THRESHOLD QUANTITY;

(2) A FEE OF SIXTY-FIVE DOLLARS IF A COVERED PROCESS IN THE STATIONARY SOURCE INCLUDES ANHYDROUS AMMONIA THAT IS SOLD FOR USE AS AN AGRICULTURAL NUTRIENT AND IS ON-SITE OVER THE THRESHOLD QUANTITY;

(3) A FEE OF TWO HUNDRED DOLLARS FOR EACH REGULATED SUBSTANCE OVER THE THRESHOLD QUANTITY. PROPANE SHALL BE COUNTED AS A REGULATED SUBSTANCE SUBJECT TO THE FEE LEVIED UNDER DIVISION (A)(3) OF THIS SECTION ONLY IF IT IS NOT THE ONLY REGULATED SUBSTANCE OVER THRESHOLD QUANTITY. ANHYDROUS AMMONIA SHALL BE CONSIDERED AS A REGULATED SUBSTANCE SUBJECT TO THE FEE LEVIED UNDER DIVISION (A)(3) OF THIS SECTION ONLY IF IT IS NOT SOLD FOR USE AS AN AGRICULTURAL NUTRIENT.

(B) IN ACCORDANCE WITH RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE, THE FEES ASSESSED UNDER DIVISION (A) OF THIS SECTION SHALL BE COLLECTED FOR THE YEAR 1999 NO LATER THAN JUNE 21, 1999. THEREAFTER, THE FEES SHALL BE COLLECTED NO LATER THAN THE FIRST DAY OF SEPTEMBER OF EACH YEAR. THE FEES ASSESSED UNDER DIVISION (A) OF THIS SECTION FOR A STATIONARY SOURCE SHALL BE BASED UPON THE REGULATED SUBSTANCES PRESENT OVER THE THRESHOLD QUANTITY IDENTIFIED IN THE RISK MANAGEMENT PLAN ON FILE FOR THE YEAR 1999 AS OF THE TWENTY-FIRST DAY OF JUNE, AND FOR EACH SUBSEQUENT YEAR AS OF THE FIRST DAY OF SEPTEMBER.

(C) THE OWNER OR OPERATOR OF A STATIONARY SOURCE FOR WHICH THE SUBMISSION OF A RISK MANAGEMENT PLAN IS REQUIRED UNDER THIS CHAPTER WHO FAILS TO SUBMIT SUCH A PLAN WITHIN THIRTY DAYS AFTER THE APPLICABLE FILING DATE PRESCRIBED BY RULES ADOPTED UNDER SECTION 3753.02 OF THE REVISED CODE SHALL SUBMIT WITH THE RISK MANAGEMENT PLAN A LATE FILING FEE OF FIFTEEN PER CENT OF THE TOTAL FEES DUE UNDER DIVISION (A) OF THIS SECTION.

(D) THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY ESTABLISH FEES TO BE PAID BY PERSONS, OTHER THAN PUBLIC OFFICERS OR EMPLOYEES, TO COVER THE COSTS OF OBTAINING COPIES OF DOCUMENTS OR INFORMATION SUBMITTED TO THE DIRECTOR UNDER THIS CHAPTER AND THE RULES ADOPTED UNDER IT. THE DIRECTOR MAY CHARGE THE ACTUAL COSTS INVOLVED IN ACCESSING ANY COMPUTERIZED DATA BASE ESTABLISHED OR USED FOR THE PURPOSES OF ASSISTING IN THE ADMINISTRATION OF THIS CHAPTER.

(E) ALL MONEYS RECEIVED BY THE AGENCY UNDER DIVISION (A), (C), OR (D) OF THIS SECTION SHALL BE TRANSMITTED TO THE TREASURER OF STATE TO BE CREDITED TO THE RISK MANAGEMENT PLAN REPORTING FUND, WHICH IS HEREBY CREATED IN THE STATE TREASURY. THE RISK MANAGEMENT PLAN REPORTING FUND SHALL BE ADMINISTERED BY THE DIRECTOR AND USED EXCLUSIVELY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS CHAPTER AND RULES ADOPTED UNDER IT.

(F) BEGINNING IN FISCAL YEAR 2001, AND EVERY TWO YEARS THEREAFTER, THE DIRECTOR SHALL REVIEW THE TOTAL AMOUNT OF MONEYS IN THE RISK MANAGEMENT PLAN REPORTING FUND TO DETERMINE IF THAT AMOUNT EXCEEDS SEVEN HUNDRED FIFTY THOUSAND DOLLARS IN EITHER OF THE TWO PRECEDING FISCAL YEARS. IF THE TOTAL AMOUNT OF MONEYS IN THE FUND IN A FISCAL YEAR EXCEEDED SEVEN HUNDRED FIFTY THOUSAND DOLLARS IN EITHER FISCAL YEAR, THE DIRECTOR, AFTER REVIEW OF THE FEE STRUCTURE AND CONSULTATION WITH AFFECTED PERSONS, SHALL ISSUE AN ORDER REDUCING THE AMOUNT OF THE FEES LEVIED UNDER DIVISION (A) OF THIS SECTION SO THAT THE ESTIMATED AMOUNT OF MONEYS RESULTING FROM THE FEES WILL NOT EXCEED SEVEN HUNDRED FIFTY THOUSAND DOLLARS IN ANY FISCAL YEAR.

IF, UPON REVIEW OF THE FEES UNDER THIS DIVISION AND AFTER THE FEES HAVE BEEN REDUCED, THE DIRECTOR DETERMINES THAT THE TOTAL AMOUNT OF MONEYS COLLECTED AND ACCUMULATED IS LESS THAN SEVEN HUNDRED FIFTY THOUSAND DOLLARS, THE DIRECTOR, AFTER REVIEW OF THE FEE STRUCTURE AND CONSULTATION WITH AFFECTED PERSONS, SHALL ISSUE AN ORDER INCREASING THE AMOUNT OF THE FEES LEVIED UNDER DIVISION (A) OF THIS SECTION SO THAT THE ESTIMATED AMOUNT OF MONEYS RESULTING FROM THE FEES WILL BE APPROXIMATELY SEVEN HUNDRED FIFTY THOUSAND DOLLARS. FEES SHALL NEVER BE RAISED TO AN AMOUNT EXCEEDING THE AMOUNT SPECIFIED IN DIVISION (A) OF THIS SECTION.

NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE, THE DIRECTOR MAY ISSUE AN ORDER UNDER THIS DIVISION WITHOUT THE NECESSITY TO HOLD AN ADJUDICATORY HEARING IN CONNECTION WITH THE ORDER. THE ISSUANCE OF AN ORDER UNDER THIS DIVISION IS NOT AN ACT OR ACTION FOR PURPOSES OF SECTION 3745.04 OF THE REVISED CODE.

Sec. 3753.06. NO PERSON SHALL VIOLATE ANY SECTION OF THIS CHAPTER OR A RULE ADOPTED OR ORDER ISSUED UNDER IT.

Sec. 3753.07. THE DIRECTOR OF ENVIRONMENTAL PROTECTION OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE, UPON PROPER IDENTIFICATION AND UPON STATING THE PURPOSE AND NECESSITY OF AN INSPECTION, MAY ENTER AT REASONABLE TIMES UPON ANY PRIVATE OR PUBLIC PROPERTY, REAL OR PERSONAL, TO INSPECT, INVESTIGATE, OBTAIN SAMPLES, AND EXAMINE AND COPY RECORDS TO DETERMINE COMPLIANCE WITH THE CHAPTER AND RULES ADOPTED OR ORDERS ISSUED UNDER IT. THE DIRECTOR OR THE DIRECTOR'S AUTHORIZED REPRESENTATIVE MAY APPLY FOR, AND ANY JUDGE OF A COURT OF RECORD MAY ISSUE FOR USE WITHIN THE COURT'S TERRITORIAL JURISDICTION, AN ADMINISTRATIVE INSPECTION WARRANT UNDER DIVISION (F) OF SECTION 2933.21 OF THE REVISED CODE OR OTHER APPROPRIATE SEARCH WARRANT NECESSARY TO ACHIEVE THE PURPOSES OF THIS CHAPTER.

Sec. 3753.08. THE DIRECTOR OF ENVIRONMENTAL PROTECTION MAY ISSUE ORDERS REQUIRING THE OWNER OR OPERATOR OF A STATIONARY SOURCE SUBJECT TO THE REQUIREMENTS OF THIS CHAPTER TO ABATE A VIOLATION OF THIS CHAPTER OR A RULE ADOPTED OR ORDER ISSUED UNDER IT. THE DIRECTOR MAY ISSUE SUCH ORDERS AS FINAL ORDERS WITHOUT ISSUING A PROPOSED ACTION UNDER SECTION 3745.07 OF THE REVISED CODE AND, NOTWITHSTANDING SECTION 119.06 OF THE REVISED CODE, WITHOUT THE NECESSITY TO HOLD AN ADJUDICATION HEARING. ISSUANCE OF AN ORDER UNDER THIS SECTION IS NOT A CONDITION PRECEDENT TO BRINGING ANY CIVIL, CRIMINAL, OR CIVIL PENALTY ACTION UNDER THIS CHAPTER.

Sec. 3753.09. (A) THE ATTORNEY GENERAL, THE PROSECUTING ATTORNEY OF A COUNTY, OR THE DIRECTOR OF LAW OF A CITY WHERE A VIOLATION HAS OCCURRED OR IS OCCURRING, UPON WRITTEN REQUEST OF THE DIRECTOR OF ENVIRONMENTAL PROTECTION, SHALL PROSECUTE TO TERMINATION OR BRING AN ACTION FOR INJUNCTION AGAINST ANY PERSON WHO HAS VIOLATED ANY SECTION OF THIS CHAPTER OR ANY RULE ADOPTED OR ORDER ISSUED UNDER IT. THE COURT OF COMMON PLEAS IN WHICH AN ACTION FOR INJUNCTION IS FILED HAS THE JURISDICTION TO AND SHALL GRANT PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF UPON SHOWING THAT THE PERSON AGAINST WHOM THE ACTION IS BROUGHT HAS VIOLATED OR IS VIOLATING ANY SECTION OF THIS CHAPTER OR A RULE ADOPTED OR ORDER ISSUED UNDER IT. THE COURT SHALL GIVE PRECEDENCE TO SUCH AN ACTION OVER ALL OTHER CASES.

UPON THE CERTIFIED WRITTEN REQUEST OF ANY PERSON, THE DIRECTOR SHALL CONDUCT SUCH INVESTIGATION AND MAKE SUCH INQUIRIES AS ARE NECESSARY TO SECURE COMPLIANCE WITH THIS CHAPTER OR RULES ADOPTED OR ORDERS ISSUED UNDER IT. THE DIRECTOR, UPON REQUEST OR UPON THE DIRECTOR'S OWN INITIATIVE, MAY INVESTIGATE OR MAKE INQUIRIES INTO ANY VIOLATION OF THIS CHAPTER OR RULES ADOPTED OR ORDERS ISSUED UNDER IT.

(B) WHOEVER VIOLATES SECTION 3753.06 OF THE REVISED CODE OR AN ORDER ISSUED UNDER THIS CHAPTER SHALL PAY A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR EACH DAY OF EACH VIOLATION. THE ATTORNEY GENERAL, THE PROSECUTING ATTORNEY OF THE COUNTY, OR THE DIRECTOR OF LAW OF THE CITY WHERE A VIOLATION OF THIS CHAPTER OR A RULE ADOPTED OR ORDER ISSUED UNDER IT HAS OCCURRED OR IS OCCURRING, UPON WRITTEN REQUEST OF THE DIRECTOR, SHALL BRING AN ACTION FOR THE IMPOSITION OF A CIVIL PENALTY UNDER THIS DIVISION AGAINST ANY PERSON WHO HAS COMMITTED OR IS COMMITTING ANY SUCH VIOLATION. ALL CIVIL PENALTIES RECEIVED UNDER THIS DIVISION SHALL BE CREDITED TO THE RISK MANAGEMENT PLAN REPORTING FUND CREATED IN SECTION 3753.05 OF THE REVISED CODE.

(C) ANY ACTION FOR INJUNCTION OR CIVIL PENALTIES UNDER DIVISION (A) OR (B) OF THIS SECTION IS A CIVIL ACTION GOVERNED BY THE RULES OF CIVIL PROCEDURE.

Sec. 3753.10. (A) AS USED IN THIS SECTION:

(1) "HARM" MEANS INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY.

(2) "TORT ACTION" MEANS A CIVIL ACTION FOR DAMAGES FOR HARM, BUT DOES NOT INCLUDE A CIVIL ACTION FOR DAMAGES FOR A BREACH OF CONTRACT OR OTHER AGREEMENT BETWEEN PERSONS OR FOR A BREACH OF A WARRANTY THAT EXISTS PURSUANT TO THE REVISED CODE OR THE COMMON LAW OF THIS STATE.

(B) THE STATE, AND ANY OFFICER OR EMPLOYEE THEREOF AS DEFINED IN SECTION 109.36 OF THE REVISED CODE, IS NOT LIABLE IN A TORT ACTION WHEN THE STATE INSPECTS, INVESTIGATES, REVIEWS, OR ACCEPTS A RISK MANAGEMENT PLAN FROM AN OWNER OR OPERATOR OF A STATIONARY SOURCE SUBJECT TO THIS CHAPTER UNLESS AN ACTION OR OMISSION OF THE STATE, OR AN OFFICER OR EMPLOYEE THEREOF, CONSTITUTES WILLFUL OR WANTON MISCONDUCT OR INTENTIONALLY TORTUOUS CONDUCT. ANY ACTION BROUGHT AGAINST THE STATE UNDER THIS DIVISION SHALL BE BROUGHT IN THE COURT OF CLAIMS.

(C)(1) THIS SECTION DOES NOT CREATE, AND SHALL NOT BE CONSTRUED AS CREATING, A NEW CAUSE OF ACTION AGAINST OR SUBSTANTIVE LEGAL RIGHT AGAINST THE STATE OR AN OFFICER OR EMPLOYEE THEREOF.

(2) THIS SECTION DOES NOT AFFECT, AND SHALL NOT BE CONSTRUED AS AFFECTING, ANY IMMUNITIES FROM CIVIL LIABILITY OR DEFENSES ESTABLISHED BY THE REVISED CODE, THE UNITED STATES CONSTITUTION, THE OHIO CONSTITUTION, OR AVAILABLE AT COMMON LAW TO WHICH THIS STATE, OR AN OFFICER OR EMPLOYEE THEREOF, MAY BE ENTITLED UNDER CIRCUMSTANCES NOT COVERED BY THIS SECTION.

(3) SECTION 9.86 OF THE REVISED CODE DOES NOT APPLY TO AN OFFICER OR EMPLOYEE OF THE STATE IF THE OFFICER OR EMPLOYEE IS PERFORMING WORK IN CONNECTION WITH INSPECTING, INVESTIGATING, REVIEWING, OR ACCEPTING A RISK MANAGEMENT PLAN FROM AN OWNER OR OPERATOR OF A STATIONARY SOURCE SUBJECT TO THIS CHAPTER AT THE TIME THAT THE OFFICER OR EMPLOYEE ALLEGEDLY CAUSED THE HARM, OR CAUSED OR CONTRIBUTED TO THE PRESENCE OR RELEASE OF TOXIC OR FLAMMABLE SUBSTANCES FOR WHICH DAMAGES ARE SOUGHT IN A TORT ACTION. IN THE ALTERNATIVE, THE IMMUNITIES CONFERRED BY DIVISION (B) OF THIS SECTION APPLY TO THAT INDIVIDUAL.

Sec. 3753.99. WHOEVER PURPOSELY VIOLATES DIVISION (E) OF SECTION 3753.04 OF THE REVISED CODE SHALL BE FINED NOT MORE THAN TWENTY THOUSAND DOLLARS AND IMPRISONED FOR NOT MORE THAN ONE YEAR, OR BOTH. EACH VIOLATION IS A SEPARATE OFFENSE.