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RULES: Accidental Release Program - OAC Chapter 3745-104 - Interested Party Review

Interested Party Review - Ohio Administrative Code Chapter 3745-104 - Accidental Release Prevention Program


What does OAC 3745-104 cover?
The rules in Ohio Administrative Code (OAC) Chapter 3745-104 implement an Accidental Release Prevention Program, or Risk Management Plan (RMP) program, in accordance with Section 112(r) of the federal Clean Air Act (CAA). The objective of CAA Section 112(r) is to prevent serious chemical accidents that have the potential to affect public health and the environment. The CAA required USEPA to promulgate regulations for chemical accident prevention, which includes hazards assessments, a prevention program, and an emergency response program.

What step is this in the rulemaking process?
This step in Ohio EPA’s rulemaking process, required by Ohio Revised Code (ORC) 121.39, is called Interested Party Review. During this step, the Agency makes available draft rules for interested parties for review and comment. This step occurs after the Early Stakeholder Outreach comment period. 

What changes are being considered?
The requirements in the current rules are being changed to reflect the additions to the Code of Federal Regulations (CFR) RMP program contained in 40 CFR Part 68 published March 11, 2024. New CFR requirements were added in entirely new rules or updated in language that already existed. However, at the same time as updating Ohio’s RMP program to match the recent changes to USEPA’s RMP program, Ohio EPA also decided to renumber our rules to match the numbering in the CFR. OAC Chapter 3745-104 is currently numbered sequentially without skipping any numbers. To effectuate the alignment of the new numbering, Ohio EPA is rescinding all existing rules and making them new rules with the updated rule numbers. There are some entirely new rule language being added, including Scope, Program two prevention program: third-party audits, Program two prevention program: employee participation, Program three prevention program: third-party audits, and Audits. Ohio EPA’s synopsis provides full details of the changes.

How can I get more information?
Copies of the full fact sheet, CSI form and the draft rules are on the DAPC’s website at https://epa.ohio.gov/divisions-and-offices/air-pollution-control/regulations/interested-party-review.

 
Comments on the draft rules must be received no later than 5 p.m. November 21, 2025.


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