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Rules and Laws

Ohio Revised Code Laws

The State Emergency Response Commission (SERC) was established by Senate Bill 367 of the 117th Legislature (SB367) 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 this state. 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

Complete SERC Regulations Document

The State Emergency Response Commission's (SERC) regulations are located in the Ohio Administrative Code (OAC) in 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. The complete text of all currently effective SERC regulations can be downloaded in PDF form by clicking on the following link: Complete SERC Administrative Code Regulations

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.

Concentrated Animal Feeding Operation (CAFO) Emission Reporting

In 2008, U.S. EPA finalized a rule that affects Concentrated Animal Feeding Operations (CAFOs) under the Emergency Planning Community Right-to-Know Act (EPCRA). The final rule was published on December 18, 2008, and tookeffect on January 20, 2009. The intent of the rule is to establish reporting criteria and requirements that pertain to the release of, but not limited to, ammonia and hydrogen sulfide from the animal waste at the CAFOs. Each has a reporting threshold of 100 pounds in any 24-hour period.

The final rule clarified and quantified the reporting thresholds in terms of animal numbers at the affected CAFO. Affected facilities must report to the State Emergency Response Commission (SERC) and their county-based Local Emergency Planning Committee (LEPC). The release(s) from a CAFO may very well be stable in quantity and concentration by reporting the release as a “continuous release;” the owner or operator then has a simple notification telephone call to the SERC that is followed up by a written report within 30 days. Continuous releases occur without interruption, or are routine and anticipated. They are part of normal everyday operations. Continuous releases can qualify for reduced reporting requirements whereby instead of reporting the release every day that it exceeds the threshold, you can report at one time. No further report is needed unless a change in the operation would lead to a statistically significant change in the bounds, or better data become available that indicate a different good-faith estimate is more accurate.  After that, CAFOs are to re-evaluate their status every year from their initial January/February report date.

The states in Region 5 (OH, IN, IL, WI, MN and MI) have adopted a generic reporting form for CAFOs to use. The form was set up to enable CAFOs to make good-faith estimates of the reporting emissions due to the number of variables and/or little information availability involved in estimating air emissions from animal agricultural facilities. The form has upper and lower bounds of emissions and includes instructions that walk the CAFO through the reporting elements. CAFOs can use the current available formulas to estimate their emissions with the understanding that the estimate could be substantially above or below the actual emission rate. Completed forms can be e-mailed to SERC@epa.state.oh.us or mailed to SERC-DAPC/SERC, 50 West Town Street, Columbus, OH 43215. Questions may be directed to 1-888-644-2260.

Note: If your CAFO signed the 2005 or 2006 EPA Air Emissions Compliance Consent Agreement to make a good-faith estimate of your emissions, you are bound by the terms of that agreement and have agreed to estimate your emissions within 18 months of the conclusion of the current National Air Emissions Monitoring Study and report emissions as necessary at that time. The Agreement was signed by 2,568 agricultural operations representing 6,267 farms who received a covenant not to be sued for CERCLA, EPCRA and Clean Air Act violations in exchange for their participation in the Agreement. $2,500 per farm was assessed for the National Air Emissions Monitoring Study. U.S. EPA was to announce the results of the National Air Emissions Monitoring Study in 2001, and then determine whether and how the participants in the Agreement need to report emissions. For more information on the Agreement and study, visit www.epa.gov/gov/compliance/resources/agreements/caa/cafo-agr.html

What is a CAFO and who is qualified as a CAFO?

Concentrated Animal Feeding Operations are operations that stable or confine animals in numbers greater than or equal to the numbers of animals specified for each category below:

Animals that are not stabled or confined and graze on pastures are not counted toward the threshold. This rule does not change the reporting requirements where the source is not animal waste at farms or is to any medium other than air. Accidental releases of pesticides or anhydrous ammonia must still be reported regardless of the size of the farm.

How to Report

CAFO Initial Phone Notification

Documents/Guidance

• Fact Sheet (U.S. EPA) [PDF]
• Large CAFO Emissions Reporting Follow-up Report [PDF]
• Instructions for Completing "Large CAFO Emissions Reporting Follow-Up Report" [PDF]
• Cover Letter (Example - Cattlemens Beef Association) [PDF]
• Calculation Worksheets
  • Beef Cattle Feedyards [PDF]
  • Dairy Cow and Heifer Operations [PDF]
  • Swine Operations [PDF]
  • Poultry Operations [PDF]
• County Local Emergency Planning Committess (Information Coordinators)  [PDF]