Ohio Admin. Code 3750-80-02 - Criteria for granting a variance to a local emergency planning committee
(A) before
approving of an application for a variance, the commission shall find by a
preponderance of the scientific evidence based upon generally accepted
scientific principles or laboratory tests that:
(1) The extremely hazardous substances,
hazardous chemicals, or hazardous substances that would be subject to the
reporting requirement pose a substantial risk of catastrophic injury to public
health or safety or to the environment, or pose an extraordinary risk of injury
to emergency response personnel responding to a release of the chemicals or
substances, when the substances or chemicals are present at a facility in an
amount equal to or exceeding the quantity for which reporting would be required
under the reporting requirement for which the variance is sought; and
(2) The development and
implementation of a local emergency response plan for releases of the
substances or chemicals covered by the reporting requirement will reduce the
risk of catastrophic injury to public health or safety or to the environment,
or will reduce the extraordinary risk of injury to responding emergency
response personnel, in the event of a release of the substances or chemicals;
and
(3) The reporting requirement
is necessary for the development of such a local emergency response plan.
(B) The commission
shall consider all of the following factors in its determination of whether the
substances or chemicals that would be subject to the reporting requirement pose
a substantial risk of catastrophic injury to public health, or safety or to the
environment, or pose an extraordinary risk of injury to emergency response
personnel responding to a release of the substance or chemical:
(1) The specific characteristics and degree
and nature of the hazards posed by a release of the extremely hazardous
substances, hazardous chemicals, or hazardous substances;
(2) The proximity of the facilities that
would be subject to the reporting requirement to residential areas, to areas
where significantly large numbers of people are employed or otherwise
congregate, and to environmental resources that are subject to injury;
(3) The quantities of extremely
hazardous substances, hazardous chemicals, or hazardous substances that are
routinely present at facilities that would be subject to the reporting
requirement; and
(4) The frequency
with which the extremely hazardous substances, hazardous chemicals, or
hazardous substances are present at the facilities that would be subject to the
reporting requirement in quantities for which reporting would be required
thereunder.
Notes
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) and (C)
Prior Effective Dates: 09/01/1995
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(2)(e)
Rule Amplifies: 3750.11(B) and (C)
Prior Effective Dates: 9/1/95
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