3750-10-08 Issuance of orders to facilities.  

  • Text Box: ACTION: Revised Text Box: DATE: 07/21/2016 1:25 PM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Emergency Response Commission

    Agency Name

     

    Jeff Beattie

    Division                                                                  Contact

     

    50 West Town Street, Suite 700 PO Box 1049 Columbus OH 43216-1049

    614-644-2269        614-644-3681

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    Jeff.Beattie@epa.state.oh.us

    Email

    3750-10-08

    Rule Number

    NEW

    TYPE of rule filing

    Rule Title/Tag Line              Issuance of orders to facilities.

    RULE SUMMARY

    1.  Is the rule being filed for five year review (FYR)? No

    2.  Are you proposing this rule as a result of recent legislation? No

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 3750.02(B)(2)(g)

    5.  Statute(s) the rule, as filed, amplifies or implements: 3750.18

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    Rule provides a procedural mechanism for local emergency planning committee's to request the issuance of an order by the State Emergency Response Commission.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

    Rule establishes procedural mechanism to request an order to be issued to bring a

    facility into the emergency planning process to protect public health or safety or the environment.

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This rule contains references to the Ohio Administrative Code (OAC) and Ohio Revised Code (ORC). While copies of these rules and statues are generally available to the public through libraries and on-line sources, including the Ohio EPA website, ORC 121.76(A) exempts such references from the provisions of ORC

    121.71 through 121.74.

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    Not Applicable.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

    The rule is being revised to fix the authorizing and amplifying statutes. The authorizing statute should be ORC 3750.02(B)(2)(g) and the amplifying statute should be ORC 3750.18. Both references have been changed to reflect this.

    12.  Five Year Review (FYR) Date:

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures. 0

    This will have no impact on revenue or expenditures.

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    Not applicable.

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    No anticipate high costs are associated with this rule. Industry already is conducting exercises testing their own response capabilities and procedures. This rule shall enable an LEPC to work with and exercise with a particular company to benefit local response and responders.

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? Yes

    You must complete the Environmental rule Adoption/Amendment Form in order to comply with Am. Sub. 106 of the 121st General Assembly.

    S.B. 2 (129th General Assembly) Questions

    18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

    R.C. 121.82? Yes

    19.  Specific to this rule, answer the following:

    A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

    B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

    C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No

    Text Box: ACTION: Revised                                                                                                                                              Text Box: DATE: 07/21/2016 1:25 PM

    Page E-1                                                                                   Rule Number: 3750-10-08

    Environmental Rule Adoption/Amendment Form

    Pursuant to Am. Sub. H.B. 106 of the 121st General Assembly, prior to adopting a rule or an amendment to a rule dealing with environmental protection, or containing a component dealing with environmental protection, a state agency shall:

    (1)    Consult with organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment.

    (2)   Consider documentation relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or rule amendment.

    (3)  Specifically identify whether the proposed rule or rule amendment is being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program, whether the proposed rule or rule amendment is more stringent than its federal counterpart, and, if the proposed rule or rule amendment is more stringent, the rationale for not incorporating its federal counterpart.

    (4)   Include with the proposed rule or rule amendment and rule summary and fiscal analysis required to be filed with the Joint Committee on Agency Rule Review information relevant to the previously listed requirements.

    (A)  Were organizations that represent political subdivisions, environmental interests, business interests, and other persons affected by the proposed rule or amendment consulted ? Yes

    Please list each contact.

    The draft rules and BIA were sent out for a 30-day draft comment period ending November 30, 2015. The rules were released to Ohio EPA's electronic interested parties list, posted on Ohio EPA's regulations website and shared with interested industry parties. Two sets of comments were received.

    (B)  Was documentation that is relevant to the need for, the environmental benefits or consequences of, other benefits of, and the technological feasibility of the proposed rule or amendment considered ? Yes

    Please list the information provided and attach a copy of each piece of documentation to this form. (A SUMMARY OR INDEX MAY BE ATTACHED IN LIEU OF THE ACTUAL DOCUMENTATION.)

    Review of Federal Emergency Planning and Community Right-to-Know Act(EPCRA) to ensure consistency

    Page E-2                                                                                   Rule Number: 3750-10-08

    (C)  Is the proposed rule or rule amendment being adopted or amended to enable the state to obtain or maintain approval to administer and enforce a federal environmental law or to participate in a federal environmental program ? Yes

    Is the proposed rule or rule amendment more stringent than its federal counterpart ? No

    Not Applicable

    (D)  If this is a rule amendment that is being adopted under a state statute that establishes standards with which the amendment is to comply, is the proposed rule amendment more stringent than the rule that it is proposing to amend? No