The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed by Congress in 1986. EPCRA was included as Title III of the Superfund Amendments and Reauthorization Act (SARA) and is sometimes referred to as SARA Title III. EPCRA provides for the collection and availability of information regarding the use, storage, production and release of hazardous chemicals to the public and emergency responders in your community. The law promotes a working relationship among government at all levels, business and community leaders, environmental and other public interest organizations, and individual citizens to improve hazard communications and emergency planning.
In 1988, the Ohio General Assembly passed Substitute Senate Bill 367. This law, Chapter 3750 of the Ohio Revised Code (ORC), provides for the implementation of EPCRA in Ohio. The administrative body for the implementation of Chapter 3750 is the State Emergency Response Commission (SERC).
SERC is made up of nine state agencies: Ohio Environmental Protection Agency; Emergency Management Agency; Attorney General's Office; Health; Transportation; Natural Resources; State Fire Marshal; State Highway Patrol; and Public Utilities Commission of Ohio. Additionally, SERC has 10 voting members: two representing environmental advocacy; two representing industry trade association; three representing firefighting; and three representing local government/municipalities. Two members of the legislature serve as non-voting members.
SERC appoints members of the Local Emergency Planning Committees (LEPC) of each emergency planning district. In Ohio, each county has been designated as its own emergency planning district, with the exception of Montgomery and Greene counties, which combine their planning efforts. LEPC members include representatives from each of the following groups or organizations: elected state and local officials; law enforcement; emergency management; fire fighting; first aid, hospitals and health; local environmental authorities; transportation; broadcast and/or print media; community groups; and owners and operators of subject facilities.
SERC appoints LEPC members to two two-year terms of office. LEPCs use Ohio EPA's inventory information to develop and exercise their local planning district's emergency response plan(s).
Other Helpful Websites
Owners and operators of oil and gas well sites regulated by ODNR, which are subject to the Division of Oil and Gas Resource Management new release/spill incident notification requirements are no longer required to make a separate call to Ohio EPA’s Emergency Response hotline. ODNR’s Division of Oil and Gas Resources and Ohio EPA are coordinating efforts and the Division of Oil and Gas Resources Management will be sharing the incident notification information with Ohio EPA.
Ohio EPA Director Craig Butler has officially designated the Chief of the Division of Oil and Gas Resources Management as his state agency designee for the immediate verbal notifications for reportable releases/spills from activities regulated under Ohio Revised Code Section 1509, which are subject to the incident reporting requirements adopted under division 1501:9 of the Administrative Code.
Because of the federal requirements of EPCRA and Ohio Revised Code Section 3750.06(C), this designation does not eliminate the requirement for the initial notification of reportable releases/spills to be made to the LEPC emergency coordinator or the local fire department, or the written 30-day follow-up report to be submitted to the LEPC.
The owner or operator of an oil and gas well site regulated by ORC 1509 Division of Oil and Gas Resource Management-Oil and Gas) must make the verbal notification within 30 minutes upon having knowledge or discovery of a release/spill of hazardous substance, extremely hazardous substance, or discharge of oil that exceeded the reportable quantity to:
- the LEPC emergency coordinator of each emergency planning district that contains an area likely to be affected by the release;
- the fire department having jurisdiction where the release occurred; and
- the Chief of the Division of Oil and Gas Resources Management
The written follow-up emergency notice of the reportable release from a facility is required to be submitted within 30 days to the local emergency planning committee of the district in which the release occurred and to the Chief of the Division of Oil and Gas Resources Management.
Responsible parties under this new initiative shall maintain compliance with the release/spill reporting requirements under both the federal Emergency Planning and Community Right-to-Know Act (EPCRA) and Ohio Revised Code Chapter 3750, Emergency Planning.
SERC Audit Disclosure Response Protocol
Ohio’s amended audit privilege and immunity law became effective on Sept. 30, 1998. The purpose of this law is to enhance protection of human health and the environment by encouraging regulated entities to voluntarily discover, promptly disclose and expeditiously correct violations of environmental laws. Under the law, the owner or operator of a facility may perform a voluntary self-evaluation (audit) designed to improve compliance or identify, correct, or prevent noncompliance with environmental laws. In return for performing a proper audit, the owner or operator can qualify for immunity from the gravity portion of any civil penalty for the violations disclosed. Also, the audit and documents used to conduct the audit are privileged.
Because a company ultimately has the burden of proving in court that it is entitled to immunity, it is not the SERC’s role or even ability to grant or deny immunity. Rather, it is ultimately a question for a court to answer. Accordingly, in our communication, we will only be issuing an opinion as to whether the submittal contains all of the information required by ORC 3745.72.
ORC 3745.72(C) requires that all disclosures must be in writing, dated, and hand delivered or sent by certified mail to the director of the state agency that has jurisdiction over the alleged violation. For violations, disclosures must be sent to the Director of Ohio EPA and the Director of Department of Public Safety who serve as the SERC Co-Chairs. The disclosure must contain all of the information identified in the protocol document.
U.S. Department of Transportation (DOT)
Emergency Order (Docket No. DOT-OST-2014-0067)
The U.S. Department of Transportation issued an Emergency Order on May 7, 2014, requiring all railroads operating trains carrying more than 1 million gallons of Bakken crude oil, or approximately 35 tank cars, to notify State Emergency Response Commissions about the expected weekly train movements through their respective state.
The notification must include estimated volumes of Bakken crude oil being transported, the frequency of expected train traffic and the route through which Bakken crude oil will be transported. In addition, the order requires each railroad to provide contact information for at least one individual responsible for responding to emergency responders about the shipments.
On June 11, 2014, Ohio's State Emergency Response Commission (SERC) passed a resolution at its meeting designating the State of Ohio Fusion Center as the repository for notifications and revisions/updates to the notifications. The Ohio Fusion Center will maintain the notifications and distribute the notifications to state and local emergency responders. A copy of the resolution can be found here: 2014 SERC USDOT Emergency Order Resolution.
The SERC is transferring the notifications received from any rail carrier to the Ohio Fusion Center.
Notifications and revisions/updates should be submitted to the Ohio Fusion Center at the following address:
Ohio Homeland Security
c/o Strategic Analysis and Information Center Commander
1970 W. Broad St.
Columbus, OH 43223
Email: homelandsec@dps.ohio.gov
Effective Oct. 9, 2013, the Ohio SERC voted to rescind using the E-Plan reporting system and it is no longer a reporting option for the statewide regulated facilities.
Tier 2 Submit Electronic Reporting Information and Links
Oct. 17, 2013
In the April 26, 2013, response to the petition, U.S. EPA determined that the alternative reporting in Ohio law does not supersede the reporting requirements of EPCRA. As a result, U.S. EPA concluded that Ohio oil and gas well owners or operators must separately meet the reporting obligations of EPCRA to ensure compliance with federal law.
Many oil and gas well owners submitted hazardous chemical inventory reports, required under section 312 of EPCRA, in the fall of 2013, following the notice by the State Emergency Response Commission (SERC) dated Sept. 11, 2013. After receiving requests from the oil and gas industry, the SERC explored options to provide oil and gas well owners flexibility for the submission of their 2013 annual chemical inventory reports, due March 1, 2014. Please be advised that the reporting instructions contained in a memorandum sent to oil and gas well owners/operators on or around Jan. 23, 2014, have been revised to make it easier to report, as outlined below.
Specifically, the SERC is making the following two changes to its previous instructions to provide flexibility to oil and gas well owners who filed chemical inventory reports in the fall of 2013, and are also required to submit annual chemical inventory reports for calendar year 2013, due March 1, 2014: (1) submission of the facility map is optional, and (2) the chemical inventory report may be completed using the abbreviated “CY2013 Short Form.” If your previous inventory report filed in 2013 for calendar year 2012 has not changed, you may submit a “short form,” which would contain only the additional or modified items added to the reporting form by U.S. EPA, along with a certification that the previously submitted forms are still accurate.
SERC Instructional Booklet, Inventory Forms and Fee Worksheet for Oil & Gas
To increase the efficiency and quality of the fee process, the State Emergency Response Commission's (SERC) fiscal agent incorporated a color coding system for filing fee invoices and worksheets processed during the course of the State Fiscal Year (SFY). As a result, this year's SERC filing fee worksheet will be printed on green paper.
In the first few weeks of January 2018, Ohio EPA's Right-to-Know Program will send each regulated facility a cover letter and green pre-printed SERC filing fee worksheet with an assigned Revenue ID number. To reduce costs, Ohio EPA limits the number of SERC compliance manuals printed and encourages facilities to use the Tier 2 Submit software to electronically report their chemical inventory.
A free version of the Tier 2 Submit software can be downloaded from the U.S. EPA Tier II Chemical Inventory Reports /Tier 2 Submit webpage. Facilities opting to file using Tier 2 Submit may submit their report on a CD to both the SERC and the LEPC.
If you elect not to submit your information electronically, or do not receive information in the mail, you may download the SERC compliance manual and forms from the website. You may also request a printed copy of the manual and forms by sending an email to jeffrey.beattie@epa.ohio.gov or by calling 1-888-644-2260.
If you have any questions concerning the SERC, please call (614) 644-2260.
Ohio Reporting Compliance Manual Information and Links
Guidance, Documents and Information
Ohio Revised Code Laws
The State Emergency Response Commission (SERC) was established by Senate Bill 367 of the 117th Legislature to implement, administer and enforce, in conjunction with U.S. EPA, Ohio EPA and local fire departments, the federal Emergency Planning and Community Right-To-Know Act of 1986 in Ohio. SB 367 and its subsequent amendments are codified in Chapter 3750 of the Ohio Revised Code.
Ohio Revised Code Chapter 3750 can also be found at Ohio Online Docs website. (click on "TITLE XXXVII HEALTH - SAFETY - MORALS" and then click on "CHAPTER 3750 EMERGENCY PLANNING")
Ohio Administrative Code Rules
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Stakeholder Input Requested on State Emergency Response Commission Rules; Emergency Planning
November 28, 2018: On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA is requesting stakeholder input on potential amendments to the State Emergency Response Commission Rules; Emergency Planning. The rules in Ohio Administrative Code (OAC) Agency 3750 establish the framework of the State Emergency Response Commission (SERC) and Local Emergency Planning Committees (LEPCs) and establishes emergency planning and release reporting reporting requirements to facilities that store hazardous chemicals or extremely hazardous substances or have a spill or release of extremely hazardous substances, CERLA hazardous substances or oil as defined. The list of rules being considered for amendment is included in the stakeholder input request.
Prior to generating draft rule language, Ohio EPA is asking for input/suggestions on potential amendments to these rules from potentially affected parties. Instructions for providing comments and where to submit them are provided in the stakeholder input request. Ohio EPA will be accepting comments on these potential changes through Friday, January 4, 2019.
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Proposal of New Rule - New OAC Rule 3750-90-01, "Applying for Access to Information"
November 19, 2018: On behalf of the director of the State Emergency Response Commission (SERC), the Ohio Environmental Protection Agency, Division of Air Pollution Control (DAPC) has proposed new Ohio Administrative Code (OAC) rule 3750-90-01, "Applying for Access to Information." to the Joint Committee on Agency Rule Review (JCARR). The new rule will establish the framework for requesting from either the SERC or Local Emergency Planning Committees (LEPCs) information submitted under Ohio Revised Code (ORC) Chapter 3750, Emergency Planning. The rule will mirror the public information language found in ORC 3750.02(B)(2)(c).
Ohio EPA will be holding a public hearing on the new rule on Thursday, December 20, 2018, at 10:30 a.m. at Ohio EPA Central Office, Columbus, Ohio. Please see the public hearing notice, response to comments, proposed rule language and the synopsis of changes (linked below) for information on the changes and how to submit comments/attend the hearing.
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Adoption of Amended Rule - OAC Rule 3750-30-25, "Identification of Hazardous Chemicals"
January 4, 2018: On behalf of the director of the State Emergency Response Commission (SERC), Ohio EPA has adopted amended rule language in Ohio Administrative Code (OAC) rule 3750-30-25, "Identification of Hazardous Chemicals." USEPA recently amended its hazardous chemical reporting regulations to conform to revisions in OSHA's Hazard Communication Standard due to OSHA's adoption of the Global Harmonizing System (GHS) classification and labeling of chemicals. USEPA replaced the existing five hazard categories to two hazard categories as they listed and four hazards that were not specifically addressed (simple asphyxiant, combustible dust, pyrophoric gas and hazard not otherwise classified). Ohio EPA amended OAC Rule 3750-30-25 to incorporate the amended federal language.
The amended (New/Rescinded) rule will be effective as of Monday, January 15, 2018 (see Public Notice of Adoption). The rule is being adopted after a draft comment period which ended July 7, 2017, a proposal comment period which ended November 2, 2017, and a public hearing held on November 2, 2017 in Columbus, Ohio.
Complete SERC Regulations Document
The SERC regulations are located in Ohio Administrative Code (OAC) chapters 3750-1, 3750-10, 3750-15, 3750-20, 3750-25, 3750-30, 3750-50, 3750-60, 3750-75, 3750-80, 3750-85. These rules define and amplify chapter 3750 of the Ohio Revised Code. Additional chapters are added as needed to address new laws and requirements.
Chapters
Individual rule chapters are presented below. PDF copies of currently effective rules can be obtained by following the chapter link (OAC 3750-xx, where "xx" is the desired chapter number) in the chapter title line. For information regarding a specific chapter, please contact Jeff Beattie at (614) 644-2269. Chapters under review or development are noted and information on draft or proposed rule language and how to submit comments is posted in the dated notices under the "Rule Changes" heading.
Emergency Response Commission
Commission Management Rules
- 3750-10-01 Establishment of State Emergency Response Commission, Executive Committee and Committees [PDF]
- 3750-10-03 General Management Rules [PDF]
- 3750-10-05 Internal Operating Rules [PDF]
- 3750-10-07 Executive Committee: Issuance of Orders: Persons Who May Request Enforcement Order Procedure [PDF]
- 3750-10-08 Issuance of Oders to Facilities [PDF]
- 3750-10-09 Public Testimony [PDF]
Emergency Planning
- 3750-20-01 Facilities Subject to Emergency Planning Requirements [PDF]
- 3750-20-05 Emergency Planning Requirements of Subject Facilities [PDF]
- 3750-20-10 Calculation of Quantities for Comparison with Threshold Planning Quantities for Solids and Mixtures [PDF]
- 3750-20-30 List of Extremely Hazardous Substances and Their Threshold Planning Quantities [PDF]
- 3750-20-50 List of Hazardous Substances and Their Applicable Reportable Quantities [PDF]
- 3750-20-60 Addition of Hazardous Chemicals, Extremely Hazardous Substances and Hazardous Substances [PDF]
- 3750-20-70 Exercise Definitions [PDF]
- 3750-20-72 Chemical Emergency Response Plans [PDF]
- 3750-20-74 Review of Plans [PDF]
- 3750-20-76 Types of Exercises [PDF]
- 3750-20-78 Execution of Exercises [PDF]
- 3750-20-80 Review of Exercises [PDF]
- 3750-20-82 Issuance of Exercise Order by Commission [PDF]
- 3750-20-84 Public Review of Plan Exercises [PDF]
Emergency Release Notification
- 3750-25-01 Facilities Subject to Emergency Release Notification Requirements [PDF]
- 3750-25-05 Designation of Hazardous Substances [PDF]
- 3750-25-10 Determination of Reportable Quantities for Hazardous Substances [PDF]
- 3750-25-12 Determining Notification Requirements of Mixtures or Solutions [PDF]
- 3750-25-13 Release Notification Requirements for Radionuclides and Solid Particles [PDF]
- 3750-25-15 Calculations for Reportable Quantities of Continuous Releases [PDF]
- 3750-25-20 Reportable Quantities for Oil Including Crude Oil [PDF]
- 3750-25-25 Release Notification Requirements [PDF]
Hazardous Chemical Reporting
- 3750-30-01 Facilities Subject to Hazardous Chemical Reporting Requirements [PDF]
- 3750-30-15 List or Material Safety Data Sheets (MSDS) Reporting Requirements for Subject Facilities [PDF]
- 3750-30-20 Facility Emergency and Hazardous Chemical Inventory Form [PDF]
- 3750-30-25 Identification of Hazardous Chemicals [PDF]
- 3750-30-27 Threshold Quantities for Hazardous Chemical Reporting [PDF]
Fees, Funding and Grants
- 3750-50-01 Annual Inventory Filing Fees and Form [PDF]
- 3750-50-03 Emergency Planning and Community Right-to-know Fund [PDF]
- 3750-50-05 Special Emergency Planning Fund [PDF]
- 3750-50-07 First-time Filer Grant Awards [PDF]
- 3750-50-08 Committee Responsibilities for First-time Filer Grant Application [PDF]
- 3750-50-09 Commission Responsibilities for First-time Filer Grant Awards [PDF]
- 3750-50-10 Grant Application for Emergency Planning and Community Right-to-know Funds [PDF]
- 3750-50-15 Reimbursement for Costs Incurred under Chapter 3750. of the Revised Code [PDF]
- 3750-50-20 Emergency Planning and Community Right-to-know Reserve Fund [PDF]
- 3750-50-25 Grant Application for Funds in the Emergency Planning and Community Right-to-know Reserve Fund [PDF]
Trade Secrets
- 3750-60-01 Definitions [PDF]
- 3750-60-03 Scope [PDF]
- 3750-60-05 Assertions of Claims of Trade Secrecy Where Claim is Pending Before the Administrator [PDF]
- 3750-60-07 Assertion of Claims for Trade Secrecy for the Specific Chemical Identity of Those Additional Chemicals Listed or Identified by the Commission [PDF]
- 3750-60-09 Methods of Asserting Trade Secrecy Claims [PDF]
- 3750-60-10 Methods of Selecting a Generic Class or Category [PDF]
- 3750-60-20 Substantiating Claims of Trade Secrecy [PDF]
- 3750-60-23 Substantiation Form to Accompany Claims of Trade Secrecy, Instructions to Substantiation Form [PDF]
- 3750-60-25 Claims of Confidentiality in the Substantiation [PDF]
- 3750-60-27 Supplemental Information [PDF]
- 3750-60-30 Initial Action by the Commission [PDF]
- 3750-60-40 Review of Trade Secrecy Claim [PDF]
- 3750-60-43 Additional Material Submitted for Good Cause [PDF]
- 3750-60-50 Sufficiency of Assertions [PDF]
- 3750-60-52 Standards for Sufficiency of Substantiation of a Trade Secret Claim [PDF]
- 3750-60-60 Public Petitions Requesting Disclosure of Chemical Identity Claimed as Trade Secret [PDF]
- 3750-60-80 Orders Issued by the Commission [PDF]
- 3750-60-83 Appeal from Commission's Determination of the Sufficiency of Trade Secrecy Claim [PDF]
- 3750-60-85 Appeal from Commission's Determination the Validity of Trade Secrecy Claim [PDF]
- 3750-60-90 Release of Chemical Identity Determined to be a Non-trade Secret; Notice of Intent to Release Chemical Identity [PDF]
- 3750-60-93 Disclosure of Trade Secret Information [PDF]
- 3750-60-94 Adverse Health Effects [PDF]
- 3750-60-95 Address to Send Trade Secret Claims and Petitions Requesting Disclosure [PDF]
Emergency Response Lock Box Units
- 3750-75-02 Facilities Subject to the Emergency Response Lock Box Unit Requirements [PDF]
- 3750-75-03 Criteria for the Construction of an Emergency Response Lock Box Unit [PDF]
- 3750-75-04 Emergency Response Lock Box Unit Contents and Maintenance [PDF]
- 3750-75-05 Conditions for the Placement of, and Access to an Emergency Lock Box Unit [PDF]
- 3750-75-07 Application for Issuance of a Lock Box Order by a Fire Department [PDF]
- 3750-75-08 Application for Issuance of Lock Box Order by a Local Emergency Planning Committee [PDF]
- 3750-75-09 Decision by Emergency Response Commission Regarding a Lock Box Application from a Local Emergency Planning Committee [PDF]
- 3750-75-10 Criteria for Issuing an Order Requiring the Placement of a Lock Box Upon a Request by a Political Subdivision [PDF]
Variances to Local Emergency Planning Committees
- 3750-80-01 Application for Variance by Local Emergency Planning Committee [PDF]
- 3750-80-02 Criteria for Granting a Variance to a Local Emergency Planning Committee [PDF]
- 3750-80-03 Decision by Emergency Response Commission [PDF]
Variances to Political Subdivisions
- 3750-85-01 Application for Variance by Political Subdivision [PDF]
- 3750-85-02 Criteria for Granting a Variance to a Political Subdivision [PDF]
- 3750-85-03 Decision by Local Emergency Planning Committee [PDF]
IMPORTANT
As of the end of October 2017, animal waste farms are subject to the air release reporting requirements under CERCLA, but not EPCRA.
U.S. EPA interprets the statute to exclude farms that use substances in “routine agricultural operations” from reporting under EPCRA section 304. Therefore, if a farm only uses substances in “routine agricultural operations”, the farm would not be a facility that produces, uses or stores “hazardous chemicals,” and would therefore not be within the universe of facilities which are subject to EPCRA section 304 release reporting. Because such farms fall outside of EPCRA section 304, they are not required to report any releases of EPCRA extremely hazardous substances or CERCLA hazardous substances, including any releases from animals or animal waste.
U.S. EPA intends to conduct a rulemaking on the interpretation of “used in routine agricultural operations” as it pertains to EPCRA reporting requirements.
For additional information, please see:
https://www.epa.gov/epcra/cercla-and-epcra-reporting-requirements-air-releases-hazardous-substances-animal-waste-farms
CERCLA and EPCRA Reporting Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms
On December 18, 2008, U.S. EPA published a final rule that exempted all farms from reporting air releases of hazardous substances from animal waste. This final rule applied to:
- Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); and
- Section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA), if the farms stable or confine fewer than a certain number of animals.
On April 11, 2017, the DC Circuit Court vacated this final rule.
To assist farmers in meeting CERCLA and EPCRA reporting requirements, U.S. EPA is currently developing guidance to comply with the reporting requirement.
EPCRA Reporting: U.S. EPA interprets the statute to exclude farms that use substances in “routine agricultural operations” from reporting under EPCRA section 304.
CERCLA Reporting: If a farm has air releases of hazardous substances from animal wastes that are equal to or greater than their reportable quantities (RQs) within any 24-hour period, farm owners/operators must comply with CERCLA Section 103 reporting requirements for air releases of hazardous substances from animal waste at their farms. For additional information on the CERCLA requirements and US EPA’s guidance on calculating emissions, please see:
https://www.epa.gov/epcra/cercla-and-epcra-reporting-requirements-air-releases-hazardous-substances-animal-waste-farms