Ohio Admin. Code 3745-100-06 - Thresholds for reporting
[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 (AA) of rule 3745-100-01 of the Administrative Code titled "Referenced materials."]
Except as provided in rules 3745-100-14 and 3745-100-16 of the Administrative Code, the threshold amounts for purposes of reporting under rule 3745-100-07 of the Administrative Code for toxic chemicals are as follows:
(A) With respect to a toxic chemical
manufactured (including imported) or processed at a facility during the
following calendar years:
(1) 1987 -
seventy-five thousand pounds of the chemical manufactured or processed for the
year.
(2) 1988 - fifty thousand
pounds of the chemical manufactured or processed for the year.
(3) 1989 and thereafter - twenty-five
thousand pounds of the chemical manufactured or processed for the
year.
(B) With respect to
a chemical otherwise used at a facility, ten thousand pounds of the chemical
used for the applicable calendar year.
(C) With respect to activities involving a
toxic chemical at a facility, when more than one threshold applies to the
activities, the owner or operator of the facility shall report if the facility
exceeds any applicable threshold and shall report on all activities at the
facility involving the chemical, except as provided in rule
3745-100-08 of the
Administrative Code.
(D) When a
facility manufactures, processes or otherwise uses more than one member of a
chemical category listed in paragraph (C) of rule
3745-100-10 of the Administrative Code
by the
administrator of USEPA under 40 CFR Part 372.65 , the owner or operator
of the facility shall report if the facility exceeds any applicable threshold
for the total volume of all the members of the category involved in the
applicable activity. Any such report shall cover all activities at the facility
involving members of the category.
(E) A facility may process or otherwise use a
toxic chemical in a recycle/reuse operation. To determine whether the facility
has processed or used more than an applicable threshold of the chemical, the
owner or operator of the facility shall count the amount of the chemical added
to the recycle/reuse operation during the calendar year. In particular, if the
facility starts up such an operation during a calendar year, or in the event
that the contents of the whole recycle/reuse operation are replaced in a
calendar year, the owner or operator of the facility shall also count the
amount of the chemical placed into the system at these times.
(F) A toxic chemical may be listed
in rule 3745-100-10 of the Administrative
Code
by the administrator of USEPA under 40 CFR
Part 372.65 with the notation that only persons who manufacture the
chemical, or manufacture the chemical by a certain method, are required to
report. In that case, only owners or operators of facilities that manufacture
that chemical as described in rule 3745-100-10 of
the Administrative Code
listed by the
administrator of USEPA under 40 CFR Part 372.65 in excess of the
threshold applicable to such manufacture in rules 3745-10-06, 3745-100-14, and
3745-100-16 of the
Administrative Code are required to report. In completing the reporting form,
the owner or operator is only required to account for the quantity of the
chemical so manufactured and releases associated with such manufacturing, but
not releases associated with subsequent processing or use of the chemical at
that facility. Owners and operators of facilities that solely process or use
such a chemical are not required to report for that chemical.
(G) A toxic chemical may be listed
in rule 3745-100-10 of the Administrative
Code
by the administrator of USEPA under 40 CFR
Part 372.65 with the notation that the chemical is in a specific form
(for example, fume or dust, solution, or friable) or of a specific color (for
example, yellow or white). In that case, only owners or operators of facilities
that manufacture, process or use that chemical in the form or of the color
specified in rule 3745-100-10 of the Administrative
Code
by the administrator of USEPA under 40 CFR
Part 372.65, in excess of the threshold applicable to such activity in
rules 3745-100-06, 3745-100-14, and
3745-100-16 of the
Administrative Code, are required to report. In completing the reporting form,
the owner or operator is only required to account for the quantity of the
chemical manufactured, processed or used in the form or color specified
in rule 3745-100-10 of the Administrative
Code
by the administrator of USEPA under 40 CFR
Part 372.65 and for releases associated with the chemical in that form or
color. Owners or operators of facilities that solely manufacture, process or
use such a chemical in a form or color other than those specified
by rule 3745-100-10 of the Administrative
Code
by the administrator of USEPA under 40 CFR
Part 372.65 are not required to report for that chemical.
(H) Metal compound categories are listed
in paragraph (C) of rule 3745-100-10 of the
Administrative Code
by the administrator of
USEPA under 40 CFR Part 372.65. For purposes of determining whether any
of the thresholds specified in rules 3745-100-06, 3745-100-14, and
3745-100-16 of the
Administrative Code are met for the metal compound category, the owner or
operator of a facility shall make the threshold determination based on the
total amount of all members of the metal compound category manufactured,
processed or used at the facility. In completing the release portion of the
reporting form for releases of the metal compounds, the owner or operator is
only required to account for the weight of the parent metal released. Any
contribution to the mass of the release attributable to other portions of each
compound in the category is excluded.
Notes
Promulgated Under: 119.03
Statutory Authority: 3751.02
Rule Amplifies: 3751.03
Prior Effective Dates: 06/22/1989, 05/07/2001, 01/16/2006, 02/11/2017
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