State Emergency Response Commission (SERC)

Oil and Gas Industry Reporting

10/17/13
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 insure 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 SERC dated September 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 January 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 US EPA, along with a certification that the previously submitted forms is still accurate.

Oil and gas documents can be found here:

Letter:  February 5, 2014 [PDF]

Instructions "Short Form" [PDF]

Oil and Gas "Short Form" [PDF]

E-Plan
Effective October 9th, 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.

Chemical Inventory Reporting 

To increase the efficiency and quality of the fee process, the State Emergency Response Commission's (SERC) fiscal agent recently 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 2014, Ohio EPA's Right-to-Know Program sent 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 either the Tier2 Submit software to electronically report their chemical inventory.

A free version of the Tier2 Submit software can be downloaded from the U.S. EPA Tier II Chemical Inventory Reports / Tier2 Submit web page. Facilities opting to file using Tier2 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 2014 SERC compliance manual and forms from the website. You may also request a printed copy of the manual and forms by sending an e-mail to jeff.beattie@epa.state.oh.us or by calling 1-888-644-2260.

If you have any questions concerning the SERC, please call (614) 644-2260.  

Other Helpful Websites

Ohio Emergency Management Agency Website

Ohio Emergency Management Association Website

Ohio Department of Natural Resources Website

Link to the Oil and Gas Emergency Response System (ODNR)

Ohio Department of Commerce's Bureau of Underground Storage Tank Regulations (BUSTR) 

Service Station Decision Tree (PDF)

SIC/NAICS Information Website

Cessation of Regulated Operations (CRO)

 

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 communities. 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, Emergency Planning 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; Department of Transportation; Department of Natural Resources; State Fire Marshal; State Highway Patrol; and Public Utilities Commission of Ohio. Additionally, SERC has 10 appointed 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 who combined their planning efforts. LEPC members include representatives from each of the following groups or organizations: elected state and local officials; law enforcement personnel; emergency management personnel; fire fighting personnel; first aid personnel; hospital personnel; health personnel; local environmental personnel; transportation personnel; broadcast and/or print media personnel; community groups; and owners and operators of subject facilities. SERC appoints LEPC members to two two-year terms of office. LEPCs use our inventory information to develop and exercise their local planning district's emergency response plan(s).

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.


Emergency Response Commission

  • 3750-1-01   Definitions and incorporation by reference [PDF]
  • 3750-1-02   Purpose [PDF]

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]
  • 3750-10-09   Public testimony. [PDF]

Procedural Rules

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]

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 http://www.epa.gov/oecaagct/anafoair.html#emissmonstud

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:


700
Mature dairy cows, whether milked or dry
1,000
 Veal calves
1,000
Cattle other than mature dairy cows or veal calves. (“Cattle” includes, but it not limited to, heifers, steers, bulls and cow/calf pairs.)
2,500
Swine each weighing 55 pounds or more.
10,000
Swine each weighing less than 55 pounds
500
Horses
10,000
Sheep or Lamb
55,000
Turkeys
30,000
Laying hens or broilers, if the farm uses a liquid manure handling system
125,000
Chickens (other than laying hens) if the farm uses other than a liquid manure handling system
82,000
Laying hens, if the farm uses other than a liquid manure handling system
30,000
Ducks, if the farm uses other than a liquid manure handling system
5,000
Ducks, if the farm uses a liquid manure handling system

 

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

1.  Immediately notify the State Emergency Response Commission (SERC) 1-800-282-9378 and Local Emergency Planning Committee (LEPC) by telephone. Indicate that you are reporting a non-emergency continuous release of ammonia and hydrogen sulfide from a CAFO. List of LEPC Information Coordinators can be found at /dapc/serc/manual.aspx

2. Within 30 days after the initial phone notification, a written report should be submitted to SERC and LEPC. SERC address: Ohio EPA-DAPC/SERC, 50 West Town Street, Columbus, OH 43215. Use the emission forms as provided or can be downloaded via internet at /dapc/serc/documents.aspx

3. One year after the initial written notification, you need to reassess and confirm the accuracy of your calculations to the SERC and the LEPC in writing.
 

CAFO Initial Phone Notification

The release notification for 24-hour reporting of spills in the State of Ohio is:

1-800-282-9378 or
(614) 224-0946

When a CAFO makes the initial phone notification, you will be asked for information that pertains to the CAFO. Below is an example of the general type of information that will be asked:

Date of Notification: 
 
Company Name:

Address, City, State, Zip Code:

County:

Contact Name:

Phone Number:

Source: CAFO fixed facility

Quantity Released: Unknown at this time

Date of Release: Continuous release

Time and Duration of Release: Continuous release

Chemical(s) Released: Ammonia, Hydrogen Sulfide

Remark: This is the initial notification for EPCRA continuous release reporting at CAFO.

 

Documents/Guidance