Ohio Admin. Code 3745-100-14 - Alternate threshold and certification
[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) Except as provided in paragraph (E) of
this rule, with respect to the manufacture, process, or otherwise use of a
toxic chemical, the owner or operator of a facility may apply an alternate
threshold of one million pounds per year to that chemical if the owner or
operator calculates that the facility would have an annual reportable amount of
that toxic chemical not exceeding five hundred pounds for the combined total
quantities released at the facility, disposed within the facility, treated at
the facility (as represented by amounts destroyed or converted by treatment
processes), recovered at the facility as a result of recycle operations,
combusted for the purpose of energy recovery at the facility, and amounts
transferred from the facility to off-site locations for the purpose of recycle,
energy recovery, treatment, or disposal. These volumes correspond to the sum of
amounts reportable for data elements on EPA form R (as referenced in paragraph
(A) of rule
3745-100-11
of the Administrative Code) as part II column B or sections 8.1 (quantity
released), 8.2 (quantity used for energy recovery on-site), 8.3 (quantity used
for energy recovery off-site), 8.4 (quantity recycled on-site), 8.5 (quantity
recycled off-site), 8.6 (quantity treated on-site), and 8.7 (quantity treated
off-site).
(B) If an owner or
operator of a facility determines that the owner or operator may apply the
alternate reporting threshold specified in paragraph (A) of this rule for a
specific toxic chemical, the owner or operator is not required to submit a
report for that chemical under rule
3745-100-07
of the Administrative Code, but shall submit a certification statement that
contains the information required in rule
3745-100-15
of the Administrative Code. The owner or operator of the facility shall also
keep records as specified in paragraph (D) of rule
3745-100-03 of the
Administrative Code.
(C) Threshold
determination provisions of rule
3745-100-06
of the Administrative Code and exemptions pertaining to threshold
determinations in rule
3745-100-08 of the
Administrative Code are applicable to the determination of whether the
alternate threshold has been met.
(D) Each certification statement under this
chapter for activities involving a toxic chemical that occurred during a
calendar year at a facility shall be submitted to Ohio EPA on or before July
first of the next year.
(E) The
provisions of this chapter do not apply to any chemicals listed in rule
3745-100-16
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3751.02
Rule Amplifies: 3751.03
Prior Effective Dates: 05/07/2001, 01/16/2006, 09/25/2008, 11/04/2011, 02/11/2017
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