Ohio Admin. Code 3745-100-07 - Reporting requirements and schedule 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
(FF)
(A) For each toxic chemical known by the
owner or operator to be manufactured (including imported), processed or
otherwise used in excess of an applicable threshold quantity in rule
3745-100-06,
3745-100-14,
or
3745-100-16
of the Administrative Code at its covered facility described in rule
3745-100-05
of the Administrative Code for a calendar year, the owner or operator shall
submit to the EPA a completed "U.S. EPA Form R" (EPA Form 9350-1), EPA Form A
(EPA Form 9350-2), and, for the dioxin and dioxin-like compounds category, EPA
Form R Schedule 1 (EPA Form 9350-3) in accordance with the instructions in rule
3745-100-11
of the Administrative Code.
(B)
(1) The owner or operator of a covered
facility shall report as described in paragraph (A) of this rule on a toxic
chemical that the owner or operator knows is present as a component of a
mixture or trade name product which the owner or operator receives from another
person, if that chemical is imported, processed or otherwise used by the owner
or operator in excess of an applicable threshold quantity in rule
3745-100-06,
3745-100-14,
or
3745-100-16
of the Administrative Code at the facility as part of that mixture or trade
name product.
(2) The owner or
operator knows that a toxic chemical is present as a component of a mixture or
trade name product if one of the following is true:
(a) If the owner or operator knows or has
been told the chemical identity or "Chemical Abstracts Service" registry number
of the chemical and the identity or number corresponds to an identity or number
in rule
3745-100-10
of the Administrative Code
as listed by the
administrator of USEPA under 40 CFR Part 372.65 .
(b) If the owner or operator has been told by
the supplier of the mixture or trade name product that the mixture or trade
name product contains a toxic chemical subject to section 313 of the act or
this rule.
(3) To
determine whether a toxic chemical which is a component of a mixture or trade
name product has been imported, processed or otherwise used in excess of an
applicable threshold in rule
3745-100-06
of the Administrative Code at the facility, the owner or operator shall
consider only the portion of the mixture or trade name product that consists of
the toxic chemical and that is imported, processed or otherwise used at the
facility, together with any other amounts of the same toxic chemical that the
owner or operator manufacturers, imports, processes or otherwise uses at the
facility as follows:
(a) If the owner or
operator knows the specific chemical identity of the toxic chemical and the
specific concentration at which it is present in the mixture or trade name
product, the owner or operator shall determine the weight of the chemical
imported, processed or otherwise used as part of the mixture or trade name
product at the facility and shall combine that with the weight of the toxic
chemical manufactured (including imported), processed or otherwise used at the
facility other than as part of the mixture or trade name product. After
combining these amounts, if the owner or operator determines that the toxic
chemical was manufactured, processed or otherwise used in excess of an
applicable threshold in rule
3745-100-06
of the Administrative Code, the owner or operator shall report the specific
chemical identity and all releases of the toxic chemical on "U.S. EPA Form R"
in accordance with the instructions specified in rule
3745-100-11
of the Administrative Code.
(b) If
the owner or operator knows the specific chemical identity of the toxic
chemical and does not know the specific concentration at which the chemical is
present in the mixture or trade name product, but has been told the upper-bound
concentration of the chemical in the mixture or trade name product, the owner
or operator shall presume that the toxic chemical is present in the mixture or
trade name product at the upper-bound concentration, shall determine whether
the chemical has been manufactured, processed or otherwise used at the facility
in excess of an applicable threshold as provided in paragraph (B)(3)(a) of this
rule and shall report as provided in paragraph (B)(3)(a) of this
rule.
(c) If the owner or operator
knows the specific chemical identity of the toxic chemical, does not know the
specific concentration at which the chemical is present in the mixture or trade
name product and has not been told the upper-bound concentration of the
chemical in the mixture or trade name product, and has not otherwise developed
information on the composition of the chemical in the mixture or trade name
product, then the owner or operator is not required to factor that chemical in
that mixture or trade name product into threshold and release calculations for
that chemical.
(d) If the owner or
operator has been told that a mixture or trade name product contains a toxic
chemical, does not know the specific chemical identity of the chemical and
knows the specific concentration at which it
the chemical is
present in the mixture or trade name product, the owner or operator shall
determine the weight of the chemical imported, processed or otherwise used as
part of the mixture or trade name product at the facility. Since the owner or
operator does not know the specific identity of the toxic chemical, the owner
or operator shall make the threshold determination only for the weight of the
toxic chemical in the mixture or trade name product. If the owner or operator
determines that the toxic chemical was imported, processed or otherwise used as
part of the mixture or trade name product in excess of an applicable threshold
in rule
3745-100-06
of the Administrative Code, the owner or operator shall report the generic
chemical name of the toxic chemical, or a trade name if the generic chemical
name is not known, and all releases of the toxic chemical on "U.S. EPA Form R"
and in accordance with the instructions specified in rule
3745-100-11
of the Administrative Code.
(e) If
the owner or operator has been told that a mixture or trade name product
contains a toxic chemical, does not know the specific chemical identity of the
chemical, and does not know the specific concentration at which the chemical is
present in the mixture or trade name product, but has been told the upper-bound
concentration of the chemical in the mixture or trade name product, the owner
or operator shall do the following:
presume that the toxic chemical is present in the
mixture or trade name product at the upper-bound concentration, shall determine
whether the chemical has been imported, processed or otherwise used at the
facility in excess of applicable threshold as provided in paragraph (B)(3)(d)
of this rule, and shall report as provided in paragraph (B)(3)(d) of this
rule.
(i)
Presume that the toxic chemical is present in the mixture or
trade name product at the upper-bound concentration.
(ii)
Determine
whether the chemical has been imported, processed or otherwise used at the
facility in excess of applicable threshold as provided in paragraph (B)(3)(d)
of this rule.
(iii)
Report as provided in paragraph (B)(3)(d) of this
rule.
(f) If the owner or operator has
been told that a mixture or trade name product contains a toxic chemical, does
not know the specific chemical identity of the chemical, and does not know the
specific concentration at which the chemical is present in the mixture or trade
name product, including information they have themselves developed, and has not
been told the upper-bound concentration of the chemical in the mixture or trade
name product, the owner or operator is not required to report with respect to
that toxic chemical.
(f)
The owner or
operator is not required to report with respect to a specific chemical if the
following are true:
(i)
The owner or operator has been told that a mixture or
trade name product contains a toxic chemical.
(ii)
The owner or
operator does not know the specific chemical identity of the
chemical.
(iii)
The owner or operator does not know the specific
concentration at which the chemical is present in the mixture or trade name
product, including information they have themselves developed.
(iv)
The owner or
operator has not been told the upper-bound concentration of the chemical in the
mixture or trade name product.
(C) A covered facility may consist of more
than one establishment. The owner or operator of such a facility at which a
toxic chemical was manufactured (including imported), processed or otherwise
used in excess of an applicable threshold may submit a separate "U.S. EPA Form
R" for each establishment or for each group of establishments within the
facility to report the activities involving the toxic chemical at each
establishment or group of establishments, provided that activities involving
that toxic chemical at all the establishments within the covered facility are
reported. If each establishment or group of establishments files separate
reports, then for all other chemicals subject to reporting at that facility
shall be submitted separately. However, an establishment or group of
establishments does not have to submit a report for a chemical that is not
manufactured (including imported), processed, or otherwise used or released at
that establishment or group of establishments.
(D) Each report under this rule for
activities involving a toxic chemical that occurred during a calendar year at a
covered facility shall be submitted on or before July first of the next year.
The first such report for calendar year 1988 activities shall be submitted on
or before July 1, 1989.
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, 09/25/2008, 11/04/2011, 02/11/2017
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