Ohio Admin. Code 3745-100-01 - Definitions
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see paragraph
(FF)
Terms defined in sections 313(b)(1)(C) and 329 of Title III, Emergency Planning and Community Right-to-Know Act, of the Superfund Amendments and Reauthorization Act of 1986, and not explicitly defined herein are used within the meaning given in Title III. For the purpose of this chapter:
(A)
(A)
(1) "Act" means Title
III, Emergency Planning and Community Right-to-Know Act, of the Superfund
Amendments and Reauthorization Act of 1986, contained in
42
USC sections 11001 to
11050.
(B)
(2)
"Article" means a manufactured item which conforms to the following:
(1)
(a)
Is formed to a specific shape or design during manufacture.
(2)
(b)
Has end-use functions dependent in whole or part upon its shape or design
during end use.
(3)
(c) Does not release a toxic chemical under normal
conditions of processing or use of that item at the facility or
establishment.
(B)
(C)
(1) "Benificiation"
means the preparation of ores to regulate the size (including crushing and
grinding) of the product, to remove unwanted constituents, or to improve the
quality, purity, or grade of a desired product.
(D)
(2) "Boiler" means an
enclosed device using controlled flame combustion and having either of the
following characteristics:
(1)
(a) The unit shall
conform
conforms to the following:
(a)
(i)
Have
Has
physical provisions for recovering and exporting thermal energy in the form of
steam, heated fluids, or heated gases.
(b)
(ii) The unit's
combustion chamber and primary energy recovery section
shall be
is
of integral design. To be of integral design,
meaning that the combustion chamber and
the primary energy recovery section (such as waterwalls and superheaters)
shall be
are
physically formed into one manufactured or assembled unit. A unit in which the
combustion chamber and the primary energy recovery section are joined only by
ducts or connections carrying flue gas is not integrally designed; however,
secondary energy recovery equipment (such as economizers or air preheaters)
need not be physically formed into the same unit as the combustion chamber and
the primary energy recovery section. The following units are not precluded from
being boilers solely because they are not integral design: process heaters
(units that transfer energy directly to a process stream), and fluidized bed
combustion units.
(c)
(iii) While in operation, the unit
shall maintain
maintains a thermal energy recovery efficiency of at
least sixty per cent, calculated in terms of the recovered energy compared with
the thermal value of the fuel.
(d)
(iv) The unit
shall export and utilize
exports and utilizes at least seventy-five per
cent of the recovered energy, calculated on an annual basis. In this
calculation, no credit shall be
is given for recovered heat used internally in
the same unit. (Examples of internal use are the preheating of fuel or
combustion air, and the driving of induced or forced draft fans or feedwater
pumps).
(2)
(b) The unit is one which the director has determined,
on a case-by-case basis, to be a boiler, after considering the standards in
40 CFR
260.32.
(C)
(E)
(1) "Coal extraction"
means the physical removal or exposure of ore, coal, minerals, waste rock, or
overburden prior to beneficiation, and encompasses all extraction-related
activities prior to beneficiation. Extraction does not include beneficiation
(including coal preparation), mineral processing, in situ leaching or any
further activities.
(F)
(2) "Customs territory of the United States" means the
fifty states, the District of Columbia and Puerto Rico.
(F)
(I)
(1)
"Facility" means all buildings, equipment, structures and other stationary
items which are located on a single site or on contiguous or adjacent sites and
which are owned or operated by the same person (or by any person who controls,
is controlled by, or under common control with such person). A facility may
contain more than one establishment.
(J)
(2) "Full-time
employee" means two thousand hours per year of full-time equivalent employment.
A facility would calculate the number of full-time employees by totaling the
hours worked during the calendar year by all employees, including contract
employees, and dividing that total by two thousand hours.
(G)
[Reserved.]
(H)
[Reserved.]
(I)
(K)
(1) "Import" means to
cause a chemical to be imported into the customs territory of the United
States. For purposes of this definition, "to cause" means to intend that the
chemical be imported and to control the identity of the imported chemical and
the amount to be imported.
(L)
(2) "Industrial
furnace" means any of the following enclosed devices that are integral
components of manufacturing processes and that use thermal treatment to
accomplish recovery of materials or energy:
(1)
(a) Cement
kilns.
(2)
(b) Lime kilns.
(3)
(c) Aggregate kilns.
(4)
(d) Phosphate
kilns.
(5)
(e) Coke ovens.
(6)
(f) Blast furnaces.
(7)
(g) Smelting, melting
and refining furnaces (including pyrometallurgical devices such as cupolas,
reverberator furnaces, sintering machines, roasters, and foundry
furnaces).
(8)
(h) Titanium dioxide chloride process oxidation
reactors.
(9)
(i) Methane reforming furnaces.
(10)
(j)
Pulping liquor recovery furnaces.
(11)
(k) Combustion
devices used in the recovery of sulfur values from spent sulfuric
acid.
(12)
(l) Halogen acid furnaces (HAFS) for the production of
acid from halogenated hazardous waste generated by chemical production
facilities where the furnace is located on the site of a chemical production
facility, the acid product has a halogen acid content of at least three per
cent, the acid product is used in a manufacturing process, and, except for
hazardous waste burned as fuel, hazardous waste fed to the furnace has a
minimum halogen content of twenty per cent as-generated.
(13)
(m)
Such other devices as the director may, after notice and comment, add to this
list on the basis of one or more of the following:
(a)
(i) The design and use
of the device primarily to accomplish recovery of material products.
(b)
(ii)
The use of the device to burn or reduce raw materials to make a material
product.
(c)
(iii) The use of the device to burn or reduce
secondary materials as effective substitutes for raw materials, in processes
using raw materials as principal feedstocks.
(d)
(iv) The use of the
device to burn or reduce secondary materials as ingredients in an industrial
process to make a material product
(e)
(v) The use of the
device in common industrial practice to produce a material product.
(f)
(vi)
Other factors, as appropriate.
(J)
[Reserved.]
(K)
[Reserved.]
(L)
[Reserved.]
(M)
(M)
(1)
"Manufacture" means to produce, prepare, import or compound a toxic chemical.
Manufacture also applies to a toxic chemical that is produced coincidentally
during the manufacture, processing, use or disposal of another chemical or
mixture of chemicals, including a toxic chemical that is separated from other
chemicals or mixture of chemicals as a byproduct, and a toxic chemical that
remains in that other chemical or mixture of chemicals as an
impurity.
(N)
(2) "Mixture" means any combination of two or more
chemicals if the combination is not, in whole or in part, the result of a
chemical reaction. However, if the combination was produced by a chemical
reaction, but could have been produced without a chemical reaction, the
combination is also treated as a mixture. A mixture also includes any
combination which consists of a chemical and associated impurities.
(O)
(P)
(1)
"Ohio EPA" means the Ohio environmental protection agency.
(Q)
(2)
"Otherwise use" or "use" means any use of a toxic chemical, including a toxic
chemical contained in a mixture or other trade name product or waste, that is
not covered by the terms "manufacture" or "process". Otherwise use of a toxic
chemical does not include disposal, stabilization (without subsequent
distribution in commerce), or treatment for destruction unless either of the
following is true:
(1)
(a) The toxic chemical that was disposed, stabilized,
or treated for destruction was received from off-site for the purposes of
further waste management.
(2)
(b) The toxic chemical
that was disposed, stabilized, or treated for destruction was manufactured as a
result of waste management activities on materials received from off-site for
the purposes of further waste management activities.
(R)
(3) "Overburden" means
the unconsolidated material that overlies a deposit of useful materials or
ores. Overburden does not include any portion of ore or waste rock.
Relabeling or redistributing a container of a toxic chemical where no repackaging of the toxic chemical occurs does not constitute use or processing of the toxic chemical.
(P)
(S)
(1) "Previously
classified" means properly classified according to paragraph (B) of rule
3745-100-05
of the Administrative Code under a given SIC code, as identified in the
"Standard Industrial Classification Manual."
(T)
(2) "Process" means
the preparation of a toxic chemical, after its
the toxic
chemical's manufacture, for distribution in commerce that conforms to
either of the following:
(1)
(a) In the same form or physical state as, or in a
different form or physical state from, that in which it
the toxic chemical
was received by the person so preparing such substance.
(2)
(b)
As part of an article containing the toxic chemical. Process also applies to
the processing of a toxic chemical contained in a mixture or trade name
product.
(Q)
[Reserved.]
(R)
(U)
(1) "RCRA approved
test method" includes SW-846 method 9095A ("Paint Filter Liquids Test")
contained in "SW-846 Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods."
(V)
(2) "Release" means any spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping or disposing into the environment (including the abandonment or
discarding of barrels, containers and other closed receptacles) of any toxic
chemical.
(S)
(W)
(1)
"Senior management official" means an official with management responsibility
for the person or persons completing the report, or the manager of
environmental programs for the facility or establishment, or for the
corporation owning or operating the facility or establishment responsible for
certifying similar reports under other environmental regulatory
requirements.
(X)
(2) "SIC" means standard industrial
classification.
(T)
(Y)
(1)
"Technically qualified individual" means a person or persons who fulfills the
following:
(1)
(a) Because of education, training or experience, or a
combination of these factors, is capable of understanding the health and
environmental risks associated with the chemical substance which is used under
his or her
the
individual's supervision.
(2)
(b) Is responsible for
enforcing appropriate methods of conducting scientific experimentation,
analysis, or chemical research to minimize such risks.
(3)
(c)
Is responsible for the safety assessments and clearances related to the
procurement, storage, use and disposal of the chemical substance as may be
appropriate or required within the scope of conducting a research and
development activity.
(Z)
(2) "Title III" means
Title III, Emergency Planning and Community Right-to-Know Act, of the Superfund
Amendments and Reauthorization Act of 1986, contained in
42
USC sections 11001 to
11050.
(AA)
(3)
"Toxic chemical" means a chemical or chemical category listed
in rule
3745-100-10
of the Administrative Code
by the
administrator of USEPA under 40 CFR Part 372.65 .
(BB)
(4)
"Trade name product" means a chemical or mixture of chemicals that is
distributed to other persons and that incorporate a toxic chemical component
that is not identified by the applicable chemical name or "Chemical Abstracts
Service" registry number listed in rule
3745-100-10
of the Administrative Code
by the
administrator of USEPA under 40 CFR Part 372.65 .
(CC)
(5)
"Treatment for destruction" means the destruction of a toxic chemical in waste
such that the substance is no longer the toxic chemical subject to reporting
under Section 313 of the Emergency Planning and Community Right-to Know Act of
1986. Treatment for destruction does not include the destruction of a toxic
chemical in waste where the toxic chemical has a heat value greater than five
thousand British thermal units and is combusted in any device that is an
industrial furnace or boiler.
(V)
[Reserved.]
(X)
[Reserved.]
(Y)
[Reserved.]
(Z)
[Reserved.]
(1)
Availability. The referenced materials are available as follows:
(f)
(g) Resource
Conservation and Recovery Act. Information and copies may be obtained by
writing to: "Superintendent of Documents, Attn: New Orders, PO Box 371954,
Pittsburgh, PA 15250-7954." The full text of the act is also available in
electronic format at www.gpo.gov/fdsys/http://www.govinfo.gov. A copy of the act
is also available for inspection and use at most public libraries and "The
State Library of Ohio."
(g)
(h) Restatement of
Torts, Sec. 757, comment B, 1939. Available for inspection and use at most
public libraries and "The State Library of Ohio."
(h)
(i) Standard
industrial classification manual (SICM). Information and copies may be ordered
by writing to: "U.S. Department of Commerce, Technology Administration,
National Technical Information Service, Springfield, Virginia, 22161." or by
calling 1-800-553-6847. A copy of the manual is also available for inspection
and use at most public libraries and "The State Library of Ohio."
(i)
(j)
Superfund Amendments and Reauthorization Act of 1986. Information and copies
may be obtained by writing to: "Superintendent of Documents, Attention: New
Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text of the act is
also available in electronic format at www.gpo.gov/fdsys/http://www.govinfo.gov. The act is
also available for inspection and use at most public libraries and "The State
Library of Ohio."
(j)
(k) SW-846 method 9095A as contained in "SW-846 Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," Information and
copies may be obtained by writing to: "Superintendent of Documents, Attn: New
Orders, PO Box 371954, Pittsburgh, PA 15250-7954." These documents are also
available in electronic format at http://www.epa.gov/
epaoswer/hazwaste/test/main.htm. SW-846 methods are also available for
inspection and use at most public libraries and "the State library of
Ohio."
(k)
(l) United States Code. Information and copies may be
obtained by writing to: "Superintendent of Documents, Attn: New Orders, PO Box
371954, Pittsburgh, PA 15250-7954." The full text of the United States Code is
also available in electronic format at www.gpo.gov/fdsys/
http://www.govinfo.gov. The U.S.C.
compilations are also available for inspection and use at most public libraries
and "The State Library of Ohio."
(l)
(m) USEPA Form R (EPA
Form 9350-1) Form R schedule 1, and Form A. The most current version of USEPA
Form R (EPA Form 9350-1), Form R schedule 1, and Form A may be found on the
following USEPA program web site: http://www.epa.gov/tri. Any subsequent
changes to the Form R, Form R Schedule 1, or Form A will be posted on this web
site. Submitters may also contact the TRI program at (202) 564-9554 to obtain
this information.
(a) Chemical abstract service (CAS).
Information can be obtained by writing to: "Chemical Abstract Service, 2540
Olentangy River Road, Columbus, OH 43202," or by visiting their web site at
www.cas.org.
(b) Code of Federal Regulations. Information
and copies may be obtained by writing to: "Superintendent of Documents,
Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954." The full text
of the CFR is also available in electronic format at http://www.gpo.gov/fdsys/http://www.govinfo.gov. The CFR
compilations are also available for inspection and use at most public libraries
and "The State Library of Ohio."
(c) Consumer Product Safety Act. Information
and copies may be obtained by writing to: "U.S. Consumer Product Safety
Commission, Washington, D.C. 20207-0001." Or electronically at
http://www.cpsc.gov/businfo/cpsatext.html.
A copy of the Act is also available for inspection and use at most public
libraries and "The State Library of Ohio."
(d) Dunn and Bradstreet. Information may be
obtained by contacting: "The D&B Corporation, 103 JFK Parkway, Short Hills,
NJ 07078"; or by calling their customer service number at 1-800-234-3467 or by
visiting the web site at http://www.dnb.com/us/.
(e) Emergency Planning and Community
Right-to-Know Act of 1986. Information and copies may be obtained by writing
to: "Superintendent of Documents, Attention: New Orders, PO Box 371954,
Pittsburgh, PA 15250-7954." The full text of the Act is also available in
electronic format at www.gpo.gov/fdsys/http://www.govinfo.gov. The act is
also available for inspection and use at most public libraries and "The State
Library of Ohio."
(f)
North American industry classification cystem (NAICS).
Information and content of industries or request for electronic copies of NAICS
tables to: "Classification Activities, Economic Statistical Methods Division,
Bureau or the Census, Room 5H063, Washington, DC 20233," telephone number (301)
763-5172 or www.census.gov/www/naics/
.
(2)
Incorporated materials.
(d)
(e)
40 CFR
350.7; "Substantiating claims of trade
secrecy"; 53 FR 28801, July 29, 1988
as published in the July 1, 2020 Code of Federal
Regulations .
(e)
(f)
40
CFR 350.16; "Address to send trade secrecy
claims and petitions requesting disclosure"; 68 FR
64724, Nov. 14, 2003
as published in the July
1, 2020 Code of Federal Regulations .
(f)
(g)40 CFR 372; "Toxic
Chemical Release Reporting: Community Right-to-Know";
53 FR 4525, Feb. 16, 1988, as amended at 55 FR
30656, July 26, 1990; 53 FR 12748, Apr. 18, 1988; 53 FR 4525, Feb. 16, 1988, as
amended at 73 FR 32470, June 9, 2008; 55 FR 30656, July 26, 1990; 56 FR 29185,
June 26, 1991; 59 FR 61501, Nov. 30, 1994; 59 FR 61502, Nov. 30, 1994; 62 FR
23891, May 1, 1997; 62 FR 23892, May 1, 1997; 64 FR 58750, Oct. 29, 1999; 64 FR
58751, Oct. 29, 1999; 64 FR 58753, Oct. 29, 1999; 66 FR 4500, January 17, 2001;
70 FR 37698, June 30, 2005; 70 FR 39931, July 12, 2005; 72 FR 26545, May 10,
2007, 73 FR 76960, December 18, 2008; 74 FR 19001, April 27, 2009, 75 FR 72727,
November 26, 2010; 77 FR 23418, April 19, 2012; 78 FR 42875, July 18, 2013; 78
FR 52860, August 27, 2013; 78 FR 66484, November 7, 2013; 79 FR 58686,
September 30, 2014; 80 FR 72906, November 23, 2015
as published in the July 1, 2020 Code of Federal
Regulations .
(g)
(h)
40 CFR
372.27; "Alternate thresholds and
certifications"; 59 FR 61502, Nov. 30, 1994, as
amended at 70 FR 39949, July 12, 2005; 71 FR 32477, June 6, 2006; 71 FR 76945,
Dec. 22, 2006; 74 FR 19006, April 27, 2009
as
published in the July 1, 2020 Code of Federal Regulations .
(h)
(l)
40 CFR
372.85; "Toxic Chemical Release Reporting
form and instructions"; 56 FR 29186, June 26, 1991,
as amended at 64 FR 58753, Oct. 29, 1999; 70 FR 39949, July 12, 2005; 71 FR
32477, June 6, 2006; 72 FR 26553, May 10, 2007; 78 FR 52867, August 27,
2013
as published in the July 1, 2020 Code of
Federal Regulations .
(i)
(m)
42
USC 11001 to
11050;
"Title III of the Superfund Amendments and Reauthorization Act of 1986;
Contained in
42
USC 11001 to
11050;
published January 6, 2003 in Supplement II of the 2000 edition of the United
States Code; Pub. L. 99-499, Title III, Section 301-330, October 17, 1986, 100
Stat. 1729-1758.
(k)
(p)
Resource Conservation and Recovery Act; Subtitle C, contained in
42 USC Section
6921 to
6939e,
"Hazardous Waste Management"; Pub. L. 89-272, title II, Sec. 3001, as added
Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2806; amended Pub. L. 96-482,
Sec. 7, Oct. 21, 1980, 94 Stat. 2336; Pub. L. 98-616, title II, Secs. 221(a),
title II, 222, title II, 223 (a), Nov. 8, 1984, 98 Stat. 3248, 3251, 3252;
Pub.
L. 104-119 ,
Sec.
4 (1), Mar. 26, 1996, 110 Stat. 833.
(l)
(q)
"Restatement of Torts, Sec. 757, comment B, 1939."
(m)
(r) Section 313 of the
Emergency Planning and Community Right-to-Know Act; "Toxic chemical release
forms"; contained in
42 USC
11023 and
11048; published
January 3, 2005 in Supplement IV of the 2000 edition of the United States Code;
Pub. L. 99-499, title III, Sec. 313, Oct. 17, 1986, 100 Stat. 1741.
(n)
(s)
Section 329 of the Emergency Planning and Community Right-to-Know Act;
contained in
42
USC 11049; "Definitions"; published January
3, 2005 in Supplement IV of the 2000 edition of the United States Code; Pub. L.
99-499, title III, Sec. 329, Oct. 17, 1986, 100 Stat. 1757.
(o)
(t)
Standard industrial classification manual; United States. office of management
and budget; last amended 1988.
(p)
(u) SW-846 method
9095A; "Paint filter liquids test"; revision 2, November, 2004.
(q)
(v)
Title III of the Superfund Amendments and Reauthorization Act of 1986;
contained in
42
USC 11001 to
11050.
Published January 3, 2005 in Supplement IV of the 2000 edition of the United
States Code; Pub. L. 99-499, Title III, Section 301-330, October 17, 1986, 100
Stat.1729-1758.
(r)
(w) USEPA Form A (EPA Form 9350-2); most current form
as reviewed and approved by the United States office of management and
budget.
(s)
(x) USEPA Form R and USEPA Form R Schedule 1 (EPA Form
9350-1); most current form as reviewed and approved by the United States office
of management and budget.
(a)
15 USC
2051 to
2084:
"Consumer Product Safety Act"; Public Law 92-573, 86 Stat. 1207, Oct. 27,
1972.
(b)
29 CFR
1910.1200; "Hazard communication";
59 FR 6170, Feb 9, 1994, as amended at 59 FR 17479,
Apr. 13 1994; 59 FR 65948, Dec. 22, 1994; 61 FR 9245, Mar. 7. 1996; 77 FR
17785, Mar. 26, 2012; 78 FR 9313, Feb. 8, 2013
as published in the July 1, 2020 Code of Federal
Regulations .
(c)
40 CFR
260.32; "Variances to be classified as a
boiler"; 50 FR 662, Jan. 4, 1985, as amended at 59
FR 48041, Sept. 19, 1994
as published in the
July 1, 2020 Code of Federal Regulations .
(d)
40 CFR
350.5; "Assertion of claims of trade
secrecy"; as published in the July 1, 2020 Code of Federal
Regulations.
(i)
40 CFR
372.28; "Lower thresholds for chemicals of
special concern"; as published in the July 1, 2020 Code of Federal
Regulations.
(j)
40 CFR
372.23; "Lower thresholds for chemicals of
special concern"; as published in the July 1, 2020 Code of Federal
Regulations.
(k)
40 CFR
372.65; "Chemicals and chemical categories to
which this part applies"; as published in the July 1, 2020 Code of Federal
Regulations.
(o)
"North American Industry Classification System Manual";
United States Bureau of the Census; last amended 2017.
Notes
Promulgated Under: 119.03
Statutory Authority: 3751.02
Rule Amplifies: 3751.01
Prior Effective Dates: 06/22/1989, 05/07/2001, 01/16/2006, 09/25/2008, 11/04/2011, 02/11/2017
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