Ohio Admin. Code 3750-1-01 - Definitions and incorporation by reference
[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 (YY) of this rule titled "Referenced materials."]
Terms defined in section 11049 of the Emergency Planning and Community Right to Know Act of 1986 and in 40 CFR Parts 350, 355 and 370 which are not explicitly defined herein are used within the meaning given in that statute and parts as used in the rules adopted by the state emergency response commission:
(A) "Administrator" means
the administrator of the United States environmental protection agency or the
administrator's designee.
(B)
"Agriculture producer" means a facility engaged in the growing of crops or
livestock production for retail consumption. The term "agriculture" is abroad
term encompassing a wide range of growing operations, not just farms, and
includes nurseries or other horticultural operations.
(C) "Chemical" means any element, chemical
compound or mixture of elements and/or compounds.
(D) "Chemical name" means scientific
designation of a chemical in accordance with the nomenclature system developed
by the "International Union of Pure and Applied Chemistry (IUPAC)" or "Chemical
Abstract Service (CAS)" rules of nomenclature, or a name which will clearly
identify the chemical.
(E)
"Commission" means the Ohio state emergency response commission.
(F) "Committee" means the local emergency
planning committee for the emergency planning district in which the facility is
located nominated by the county commissioners and adopted by the
commission.
(G) "Common name" means
any designation or identification such as code names, code numbers, trade name,
brand name, or generic name used to identify a chemical other than by its
chemical name.
(H) "Construction
facility" means a facility which the equipment is owned and operated by a
company involved in the process of building a permanent structure or roadway in
which the equipment and company will be removed from the site upon completion
of the building process.
(I)
"Contiguous" means the same or geographically adjacent property that may be
divided by public or private right-of-way if the entrance and exit between the
properties is at a crossroads intersection, and access is by crossings as
opposed to going along the right-of-way. Noncontiguous properties owned by the
same person but connected by a right-of-way that the person controls and to
which the public does not have access is considered contiguous
property.
(J) "Director" means the
director of the Ohio EPA, or the director's designee.
(K) "Emergency contact" means one person or
office that can act as a referral if emergency responders need assistance in
responding to a chemical release at the facility.
(L) "Emergency Planning and Community
Right-To-Know Act " (EPCRA) means Emergency
Planning and Community Right-To-Know Act of 1986 contained in
42
USC 11001 to
11050
and regulations adopted thereunder.
(M) "Emergency planning district" means an
emergency planning district or joint emergency planning district designated
under section
3750.03
of the Revised Code or a joint interstate emergency planning district
established by agreement under that section.
(N) "Environment" means navigable waters and
any other surface water, ground water, drinking water supply, land surface or
subsurface strata or ambient air.
(O) "Establishment" means an economic unit,
generally at a single physical location, where business is conducted or where
services or industrial operations are performed.
(P) "Extremely hazardous substance" means a
substance listed by USEPA in paragraph (A) of rule
3750-20-30
of the Administrative Code and a substance listed by the commission in
paragraph (B) of rule
3750-20-30
of the Administrative Code.
(Q)
"Facility" means all buildings, equipment, structures, and other stationary
items which are located on a single site or contiguous or adjacent sites and
which are owned or operated by the same person (or by person which controls, is
controlled by, or under common control with). For purposes of chemical release
notification under section
3750.06
of the Revised Code, the term does include motor vehicles, rolling stock, and
aircraft. "Facility" includes man-made structures as well as all natural
structures in which chemicals are purposefully placed or removed through human
means such that it functions as a containment structure for human use. A
facility may contain more than one establishment.
(R) "Facility emergency coordinator" means a
designated facility representative who will participate in local emergency
planning.
(S) "Fire department"
means a fire department of a municipal corporation or township, a township fire
district, a joint township fire district, a private fire company or volunteer
fire company that has entered into an agreement for the use and operation of
firefighting equipment with a municipal corporation, township, township fire
district, or joint township fire district or, in a municipal corporation or
township where no such fire department or district exists and no such agreement
is in effect, the fire prevention officer of the municipal corporation or
township having response jurisdiction for a regulated facility.
(T) "First response equipment" means
equipment, other than emergency response and firefighting vehicles, designed
primarily for the purpose of facilitating the safe and efficient response to
unanticipated and unauthorized releases of hazardous substances and extremely
hazardous substances.
(U)
"Hazardous chemical" has the meanings given to that term in
29 CFR
1910.1200(c). The term also
includes chemicals identified or listed pursuant to rule
3750-20-60
of the Administrative Code, but does not include any of the following:
(1) Any food, food additive, color additive,
drug, or cosmetic regulated by the food and drug administration of the United
States department of health and human services;
.
(2) Any substance present as a solid in any
manufactured item, to the extent that exposure to the substance does not occur
under normal conditions of use;
.
(3) Any
substance to the extent it is used for personal, family, or household purposes,
or is present in the same form and concentration as a product packaged for
distribution and use by the general public, including, without limitation,
household and consumer products that are stored prior to or displayed for
distribution to the consumer when in the same form and concentration and
products that are not intended for distribution to the general public and are
in the same form and concentration as products packaged for distribution to and
use by the general public, unless the chemical is subject to a reporting
requirement for which a variance has been issued under division (B) or (C) of
section
3750.11 of the
Revised Code;
.
(4) Any
substance to the extent it is used in a research laboratory or a hospital or
other medical facility under the direct supervision of a technically qualified
individual;
.
(5) Any
substance to the extent it is used in routine agricultural operations or is a
fertilizer held for sale by a retailer to the ultimate customer; or
.
(6) Any substance that is subject to an
exclusion under
29 CFR
1910.1200(b)(6).
(V) "Hazard communication
standard" means standards promulgated by the occupational safety and health
administration,
29 CFR
1910.1200.
(W) "Hazardous substances" means a substance
listed by USEPA in paragraph (A) of rule
3750-20-50
of the Administrative Code and a substance listed by the commission in
paragraph (B) of rule
3750-20-50
of the Administrative Code.
(X)
"Inventory form" means the "Emergency and Hazardous Chemical Inventory Form"
containing Tier I and Tier II information as set forth in
42 USC
11022 or a form adopted by the commission as
prescribed in rule
3750-30-20
of the Administrative Code.
(Y) "Material safety data sheet
(MSDS)" means the sheet required to be developed under 29 CFR
1910.1200(g).
(GG)
"Safety data sheet" or "SDS" means the sheet required
to be developed under
29 CFR
1910.1200(g).
(HH) "SARA" means the Superfund Amendments
and Reauthorization Act of 1986.
(II) "State" means any state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, United States Virgin Islands, the Northern Mariana Islands, and
any other territory or possession over which the United States has jurisdiction
and tribal lands.
(JJ) "Threshold
planning quantity (TPQ)" means, for an-extremely hazardous substance listed in
40 CFR Part 355 Appendices A and B, the quantity listed in the columns
(threshold planning quantity) for that substance.
(KK) "Threshold quantity (TQ)" means the
minimum level for a hazardous chemical after which a facility becomes subject
to rules
3750-30-15
and
3750-30-20
of the Administrative Code with respect to such chemical.
(LL) "USEPA" means the United States
environmental protection agency.
(MM) "Vessel" means every watercraft or other
artificial contrivance used or capable of being used as a means of
transportation on water.
(NN)
"Working days" include any day on which the state and federal government
offices are open for normal business. Saturdays, Sundays, and official state
and federal holidays are not working days; all other days are.
(OO) "Discharge" includes, but is not limited
to, any spilling, leaking, pumping, pouring, emitting, emptying, or dumping,
but excludes the following:
(1) Discharges in
compliance with a permit under Section 402 of the Clean Water Act.
(2) Discharges resulting from circumstances
identified and reviewed and made a part of the public record with respect to a
permit record with respect to a permit issued or modified under Section 402 of
the Clean Water Act, and subject to a condition in such permit.
(3) Continuous or anticipated intermittent
discharges from a point source, identified in a permit or permit application
under Section 402 of the Clean Water Act, that are caused by events occurring
within the scope of relevant operating or treatment systems.
(PP) "Navigable waters" means the
waters of the United States including the territorial seas as contained within
the state of Ohio. The term includes the following:
(1) All waters that are currently used, were
used in the past, or may be susceptible to use in the interstate or foreign
commerce, including all waters that are subject to the ebb and flow of the
tide.
(2) Interstate waters,
including interstate wetlands.
(3)
All other waters such as intrastate lakes, rivers, streams (including
intermittent streams), mudflats, sandflats, and wetlands, the use, degradation,
or destruction of which would affect or could affect interstate or foreign
commerce including any of the following:
(a)
That are or could be used by interstate or foreign travelers for recreational
or other purposes.
(b) From which
fish or shellfish are or could be taken and sold in interstate or foreign
commerce.
(c) That are used or
could be used for industrial purposes in interstate commerce.
(4) All impoundments of waters
otherwise defined as navigable waters under Section 402 of the Clean Water
Act.
(5) Tributaries of waters
identified in paragraphs (PP)(1) to (PP)(4) of this rule: provided, that waste
treatment systems (other than cooling ponds that meets the criteria contained
in Section 402 of the Clean Water Act) are not waters of the United
States.
(QQ) "Sheen"
means an iridescent appearance on the surface of water.
(RR) "Sludge" means an aggregate of oil or
oil and other matter of any kind in any form other than dredged soil having a
combined specific gravity equivalent to or greater than water.
(SS) "Crude oil", "Crude", or "Petroleum"
means liquid petroleum as it
the petroleum comes out of the ground, as
distinguished from refined oils manufactured out of it
the
petroleum .
(TT) "Complete
file" means for the purposes of the first time filer credits under section
3750.14
of the Revised Code, the forms approved by the commission under rule
3750-30-20
and fee forms under rule
3750-50-01
of the Administrative Code for any facility that has met the requirements for a
first time file in a previous year.
(UU) "First time file" means any file for a
facility subject to the annual chemical inventory requirements of the section
3750.08
of the Revised Code, and the fee requirements of section
3750.13 of the Revised Code
that has submitted an annual chemical inventory, as required, to the commission
and to the responsible committee, and that has submitted an appropriate fee to
the commission. Such a facility file shall become a first time file during the
state fiscal year in which the requirements of sections
3750.08
and 3750.13 of the Revised Code
have been met for the first time.
If a facility changes ownership and is subject to the requirements of section 3750.08 of the Revised Code the next annual submission of a complete file is considered to be a first time file. When such change results in the submission of a new report under sections 3750.07 and 3750.08 of the Revised Code.
(VV)
"Inactive file" means a file for a facility for which the owner or operator has
previously filed under rules
3750-30-20
and
3750-50-01
of the Administrative Code and that has subsequently changed ownership or
status.
(WW) "Incomplete file"
means, for the purposes of the first time filer credits under section
3750.14
of the Revised Code, any facility file not meeting the conditions required to
be classified as a first time file or a complete file.
(XX) "Negative declaration" means any
document which may be filed by a facility that it is not subject to either
section
3750.07
or
3750.08
of the Revised Code and certifying that it has no hazardous chemicals at or
above the threshold planning quantity.
(YY) Referenced materials. This chapter
includes references to certain matter or materials. The text of the referenced
materials is not included in the rules contained in this chapter. Information
on the availability of the referenced materials as well as the date of, or the
particular edition or version of the material is included in this rule. For
material subject to change, only the specific versions specified in this rule
are referenced. Material is referenced as existed on the effective date of this
rule. Except for subsequent annual publication of existing (unmodified) Code of
Federal Regulation compilations, any amendment or revision to a referenced
document is not applicable unless and until this rule has been amended to
specify the new dates.
(1) Availability. The
materials incorporated by reference are available as follows:
(b)(a)
Atomic Energy Act of 1954. 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
act is also
available in electronic form at
http://www.nrc.gov/about-nrc/governing-laws.html.
The Act
act is
also available for inspection and copying at most public libraries and "The
State Library of Ohio."
(c)(b) 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.
(d)(c)
Clean Air 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
act as amended in 1990 is also available in electronic
format at www.epa.gov/oar/caa/. A copy of the
Act
act is
also available for inspection and copying at most public libraries and "The
State Library of Ohio."
(e)(d) Clean Water Act.
Information and copies may be obtained by writing to: "Superintendents of
Documents, Attention: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954."
The full text of the Act
act is also available in electronic form at
https://www.gpo.gov/fdsys/pkg/USCODE-2015-title33/pdf/USCODE-2015-title33-chap26.pdf.
The Act
act is
also available for inspection and copying at most public libraries and "The
State Library of Ohio."
(f)(e) 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.ecfr.gov/cgi-bin/ECFR?page=browse.
The CFR compilations are also available for inspection and copying at most
public libraries and "The State Library of Ohio."
(g)(f) Comprehensive
Environmental Response, Compensation, and Liability Act of 1980. 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
act
is also available in electronic form at
https://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap103.pdf.
The Act
act is
also available for inspection and copying at most public libraries and "The
State Library of Ohio."
(h)(g) 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/.
(i)(h)
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
act is
also available in electronic format at
https://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap116.pdf.
The Act
act is
also available for inspection and copying at most public libraries and "The
State Library of Ohio."
(j)(i) Hazardous Material
Transportation Act. 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
act is also
available in electronic format at
https://www.gpo.gov/fdsys/pkg/USCODE-2009-title49/pdf/USCODE-2009-title49-subtitleIII.pdf.
The Act
act is
also available for inspection and copying at most public libraries and "The
State Library of Ohio."
(k)(j)"International Union
of Pure and Applied Chemistry (IUPAC)." Information can be obtained by writing
to: "IUPAC Secretariat, PO Box 13757, Research Triangle Park, NC, 27709-3757,"
or by visiting their web site at https://iupac.org/.
(l)(k) "National Response
Center." Information may be obtained by contacting: "National Response Center,
c/o United States Coast Guard (G-OPF)-Room 2611, 2100 2nd Street, Southwest,
Washington, DC 20593-8802"; or by calling 1-800-424-8802 or 202-267-2675 or by
visiting the web site at http://www.nrc.uscg.mil/.
(m)(l)
"North American Industry Classification System.' Information may be obtained by
contacting: "The Census Bureau, Policy Office (Room 2430-FB-3), Washington, DC
20233-3700"; or by calling their customer service at 301-763-4636 or by
visiting the web site at www.census.gov/epcd/www/naics.html.
(n)(m)
Occupational Safety and Health Act of 1970. 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
act is
also available in electronic format at
https://www.gpo.gov/fdsys/pkg/USCODE-2009-title29/pdf/USCODE-2009-title29-chap15.pdf.
The Act
act is
also available for inspection and copying at most public libraries and "The
State Library of Ohio."
(o)(n) 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
https://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap82.pdf.
A copy of the Act
act is also available for inspection and copying at
most public libraries and "The State Library of Ohio."
(p)(o)
"SERC Facility Annual Chemical Inventory Filing Fee Worksheet, EPA Form 0320";
revised September 2001
2019 .
(q)(p) Specifications of
the "American Society for Testing and Materials." Information and copies may be
obtained by writing to: "ASTM International, 100 Bar Harbor Drive, P.O. Box
C700, West Conshohocken, Pennsylvania 19426-2959." These documents are
available for purchase at www.astm.org. ASTM documents are also
generally available at local public libraries and "The State Library of
Ohio."
(r)(q) Specifications of
the "National Fire Protection Association." Information and copies my be
obtained by writing to: "NFPA (National Fire Protection Association), 1
Batterymarch Park, Quincy, MA 02169-7471." These documents are available for
purchase at www.nfpa.org/. NFPA
documents are also generally available at local public libraries and the " The
State Library of Ohio."
(s)(r) Standard Industrial
Classification. Information may be obtained by contacting: The Census Bureau,
Policy Office (Room 2430-FB-3), Washington, DC 20233-3700; or by calling their
customer service at 301-763-4636 or by visiting the web site at
www.census.gov/epcd/www/naics.html.
(u)(s) 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
act is
also available in electronic format at
https://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap103.pdf.
The Act
act is
also available for inspection and copying at most public libraries and "The
State Library of Ohio."
(v)(t) 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
http://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=USCODE.
The USC compilations are also available for inspection and copying at most
public libraries and "The State Library of Ohio."
(w)(u) Uranium Mill
Tailings Radiation Control Act of 1978. 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
act is
also available in electronic form at
https://www.gpo.gov/fdsys/pkg/USCODE-2009-title42/pdf/USCODE-2009-title42-chap88.pdf.
The Act
act is
also available for inspection and copying at most public libraries and "The
State Library of Ohio."
(a) Annual Statement of Production
(Form 10 Annual Statement of Production (DNR 5601)). Information and copies may
be obtained by contacting: The Division of Mineral Resources Management, Ohio
Department of Natural Resources, 1855 Fountain Square Court, Building H-2, H-3,
Columbus, OH 43224; or by calling 614-265-6633; or by visiting the web site at
http://oilandgas.ohiodnr.gov/industry/electronic-forms
(t) Statement of Production of Oil,
Gas, and Brine (Form 10 Annual Statement of Production (DNR5601); revised
December 2001.
(2) Incorporated materials.
(a)
29
USC 651 to
678;
"Occupational Safety and Health"; as published
January 22, 2002 in Supplement I of the 2000
Edition
in the 2018 edition of the
United States Code; as amended June 12th, 2002,
Pub.
L. 107-188 ,
sec.
153 ,
116 Stat. 631; February
20th, 2003,
Pub.
L. 108-7 , 117 Stat. 303; and January 23rd, 2004,
Pub.
L. 108-199 , 118 Stat. 232.
(b)
29 CFR
1910.119; "Process Safety Management of
Highly Hazardous Chemicals;" 57 FR 6403, Feb. 24,
1992; 57 FR 7847, Mar. 4, 1992, as amended at 61 FR 9238, Mar. 7, 1996; 67 FR
67964, Nov. 7, 2002
as published in the July 1,
2019 Code of Federal Regulations .
(c)
29 CFR
1910.120(q); " Hazardous
Waste Operations and Emergency Response;" 54 FR
9317, Mar. 6, 1989, as amended at 55 FR 14073, Apr. 13, 1990; 56 FR 15832, Apr.
18, 1991; 59 FR 43270, Aug. 22, 1994; 61 FR 9238, Mar. 7, 1996; 67 FR 67964,
Nov. 7, 2002
as published in the July 1, 2020
Code of Federal Regulations .
(d)
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
as published in the July 1, 2020 Code of Federal
Regulations .
(e)
29 CFR
1910.1200(b); "Hazard
Communication Standard;" 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
as published in the July 1,
2020 Code of Federal Regulations .
(f)
29 CFR
1910.1200(c); "Hazard
Communication Standard, Definitions;" 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
as published in
the July 1, 2020 Code of Federal Regulations .
(g)
29 CFR
1910.1200(g); "Hazard
Communication Standard;" 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
as published in the July 1, 2020
Code of Federal Regulations .
(h) 33 CFR Part 154 , Subpart F; "Facilities
Transfering Oil or Hazardous Materials in Bulk, Response Plans for Oil
Facility;" as published in the July 1, 2010
2020 Code of Federal Regulations.
(i)
33 USC Section
1251 to
1387;
" Water Pollution Prevention and Control;" published January 5, 2010 in Supplement III of the 2006
in the 2018 edition of the United States
Code."
(j)
40
CFR 110.5; "Discharges of oil not determined
"as may be harmful" pursuant to Section 311(b)(3) of the act;"
61 FR 7421, Feb. 28, 1996
as published in the July 1, 2020 Code of Federal
Regulations .
(k)
40
CFR 112.7(d); "General
Requirements for Spill Prevention, Control, and Counter Response Plans;"
67 FR 47146, July 17, 2002
as published in the July 1, 2020 Code of Federal
Regulations .
(l)
40 CFR
112.20 to
112.21;
"Facility Response Plans, Facility Response Training and
Drills/Exercises;";59 FR 34098-34101, July 1, 1994,
as amended at 65 FR 40798, June 30, 2000; 66 FR 34560, June 29, 2001; 67 FR
47151, July 17, 2002
as published in the July
1, 2020 Code of Federal Regulations .
(m)
40 CFR
261.2; "Definition of Solid Waste;"
50 FR 664, Jan. 4, 1985, as amended at 50 FR 33542,
Aug. 20, 1985; 56 FR 7206, Feb. 21, 1991; 56 FR 32688, July 17, 1991; 56 FR
42512, Aug. 27, 1991; 57 FR 38564, Aug. 25, 1992; 59 FR 48042, Sept. 19, 1994;
62 FR 6651, Feb. 12, 1997; 62 FR 26019, May 12, 1997; 63 FR 28636, May 26,
1998; 64 FR 24513, May 11, 1999; 67 FR 11253, Mar. 13, 2002
as published in the July 1, 2020 Code of Federal
Regulations .
(n)
40
CFR 261.4(b); "Exclusions;"
as published in the July 1, 2016
2020 Code of Federal Regulations.
(o)
40 CFR
261.20 to
261.24;
"Subpart C- Characteristics of Hazardous Waste;" 45
FR 33119, May 19, 1980, as amended at 46 FR 35247, July 7, 1981; 51 FR 40636,
Nov. 7, 1986; 55 FR 11862, Mar. 29, 1990; 55 FR 22684, June 1, 1990; 55 FR
26987, June 29, 1990; 56 FR 3876, Jan. 31, 1991; 58 FR 46049, Aug. 31, 1993; 67
FR 11254, Mar. 13, 2002
as published in the
July 1, 2020 Code of Federal Regulations .
(p)
40 CFR
261.24; "Toxicity Characteristic;"
55 FR 11862, Mar. 29, 1990, as amended at 55 FR
22684, June 1, 1990; 55 FR 26987, June 29, 1990; 58 FR 46049, Aug. 31, 1993; 67
FR 11254, Mar. 13, 2002
as published in the
July 1, 2020 Code of Federal Regulations .
(q)
40 CFR
279.53; "Standards for the Management of Used
Oil;" 57 FR 41612, Sept. 10, 1992, as amended at 59
FR 10560, Mar. 4, 1994
as published in the
July 1, 2020 Code of Federal Regulations .
(r)
40 CFR
350.25; "Disclosure in special
circumstances;" 53 FR 28801, July 29, 1988
as published in the July 1, 2020 Code of Federal
Regulations .
(s)40 CFR Part
68; "Chemical Accident Prevention Provisions;" as published in the July 1,
2016
2020
Code of Federal Regulations.
(t) 40
CFR Part 122 ; "EPA Administered Permit Program: The National Pollutant
Discharge Elimination System;" as published in the July 1,
2016
2020
Code of Federal Regulations.
(u) 40
CFR Part 264 , Subpart D; "Standards for Owners and Operators of Hazardous
Waste Treatment, Storage, and Disposal Facilities, Contingency Plan and
Emergency Procedures;" 45 FR 33221, May 19, 1980, as
amended at 50 FR 4514, Jan. 31, 1985; 46 FR 27480, May 20, 1981; 48 FR 30115,
June 30, 1983; 53 FR 37935, Sept. 28, 1988
as
published in the July 1, 2020 Code of Federal Regulations .
(v) 40 CFR Part 265 , Subpart D; "Interim
Status Standards for Owners and operators of Hazardous Waste Treatment,
Storage, and Disposal Facilities, Contingency Plan and Emergency Procedures;"
45 FR 33232, May 19, 1980, as amended at 50 FR 4514,
Jan. 31, 1985; 46 FR 27480, May 20, 1981
as
published in the July 1, 2020 Code of Federal Regulations .
(w) 40 CFR Part 302 ; "Designation,
Reportable Quantities, and Notification;" 50 FR
13474, Apr. 4, 1985, as amended at 51 FR 34547, Sept. 29, 1987; 54 FR 22538,
May 24, 1989; 54 FR 33481, Aug. 14, 1989; 54 FR 33449, Aug. 14, 1989; 55 FR
30185, July 24, 1990; 63 FR 13475, Mar. 19; 63 FR 42189, Aug. 6, 1998; 64 FR
13114, Mar. 17, 1999; 65 FR 87132, Nov. 8, 2001; 67 FR 45321, July 9, 2002; 67
FR 45356-57, July 9, 2002; 71 FR 58533, Oct. 4, 2006; 73 FR 76959, Dec. 18,
2008; 76 FR 9666, Feb. 22, 2011; 77 FR 10390, Feb. 22, 2012; 80 FR 37123, June
29, 2015
as published in the July 1, 2020 Code
of Federal Regulations .
(x)
40 CFR Part 350 ; "Trade Secrecy Claims For Emergency Planning And Community
Right-To-Know Information: And Trade Secret Disclosures To Health
Professionals;" as published in the July 1, 2016
2020 Code of
Federal Regulations.
(y) 40 CFR
Part 355 ; "Emergency Planning and Notification;" 52
FR 13395, April 22, 1987; as amended at 54 FR 22543, May 24, 1989; 54 FR 38853,
Sept. 21, 1989; 55 FR 30188, July 24, 1990; 55 FR 30645, July 26, 1990; 61 FR
20479-20484, May 7, 1996; 63 FR 13475, Mar. 19, 1998; 64 FR 13115, Mar.
17,1999; 68 FR 52984, Sept. 8, 2003; 73 FR 65462 Nov. 3, 2008; 73 FR 76960,
Dec. 18, 2008; 77 FR 16688, Mar. 22, 2012
as
published in the July 1, 2020 Code of Federal Regulations .
(z) 40 CFR Part 355 , Appendix A; "Emergency
Planning and Notification, The List of Extremely Hazardous Substances and their
Threshold Planning Quantities;" 61 FR 20479, May 7,
1996, as amended at 68 FR 52984, Sept. 8, 2003
as published in the July 1, 2020 Code of Federal
Regulations .
(aa) 40 CFR,
Part 355 , Appendix B; "Emergency Planning and Notification, The List of
Extremely Hazardous Substances and their Threshold Planning Quantities;"
61 FR 20484, May 7, 1996, as amended at 68 FR 52984,
Sept. 8, 2003
as published in the July 1, 2020
Code of Federal Regulations .
(bb) 40 CFR Part 370 ; "Hazardous Chemical
Reporting: Community Right-To-Know;" 52 FR 38364,
Oct. 15, 1987, as amended at 55 FR 30645, July 26, 1990; 64 FR 7047, Feb. 11,
1990; 55 FR 30646-30650, July 26, 1990
as
published in the July 1, 2020 Code of Federal Regulations .
(cc)
42 USC Section
6901 to
6992K;
"Solid Waste Disposal;" as published January 5, 2010
in Supplement III of the 2006
in the
2018 edition of the United States Code.
(dd)
42
USC 9601 to
9675;
"Superfund Amendments and Authorization Act of 1986;" as published
January 5, 2010 in "Supplement III" of the
2006
in the 2018 edition of the United
States Code.
(ee)
42
USC 11001 to
11050;
"Emergency Planning and Community Right-to-Know Act;"
Pub.L. 99-499, Title III, Section 301-330, October
17, 1986, 100 Stat. 1729-1758
as published in
the 2018 edition of the United States Code .
(ff)
42 USC
11022; "Emergency and Hazardous Chemical
Inventory Forms;" Pub. L. 99-499,
title III, sec.
312 , Oct. 17, 1986, 100 Stat. 1738
as published in the 2018 edition of the United States
Code .
(gg) 49 CFR Part 194 ;
" Response Plans for Onshore Oil Pipelines;" 58 FR
253, Jan. 5, 1993, as amended at 62 FR 67293, Dec. 24, 1997; 63 FR 37505, July
13, 1998
as published in the July 1, 2019 Code
of Federal Regulations .
(hh)
49 USC Section
5112; "Highway Routing of Hazardous
Materials;" as published
January 5, 2010 in Supplement III of the
2006
in the 2018 edition of the United
States Code."
(ii) ASTM E136-11;
"Standard Test, Method for Behavior of Materials in a Verticle Tube Furnace at
750*C;" approved January 15, 1993; reapproved 2000; amended January 15,
2011.
(jj) NFPA 414, "Standard for
Aircraft Rescue and Fire-Fighting Vehicles;" approved July 13, 2001; effective
date August 2, 2001.
(kk) Section 7
of NFPA 101, "The Life Safety Code;" approved January 17, 2003; effective date
February 6, 2003.
(ll) Section
101(10) of CERCLA; contained in
42
USC 9601; "Notification Requirements
Respecting Released Substances;" as published January 5, 2010 in "Supplement III" of the 2006
in the 2018 edition of the United States
Code.
(mm) Section 102(a)(1) of the
Uranium Mill Tailings Radiation Control Act of 1978; contained in
42 USC
7912; "Processing Site Designations;" as
published January 5, 2010 in "Supplement III" of the
2006
in the 2018 edition of the United
States Code.
(nn) Section 103(a) of
CERCLA; contained in
42 USC
9603; "Notice to National Response Center
Upon Release From Vessel or Offshore or Onshore Facility by Person in Charge;
Conveyance of Notice by Center;" as published January 5, 2010 in "Supplement III" of the 2006
in the 2018 edition of the United States
Code.
(oo) Section 103(e) of
CERCLA; contained in
42 USC
9603; "Notification Requirements Respecting
Released Substances, Applicability to Registered Pesticide Product;" as
published January 5, 2010 in "Supplement III" of the
2006
in the 2018 edition of the United
States Code.
(pp) Section 104 of
CERCLA; contained in
42 USC 9604;
"Response Authorities;" as published January 5, 2010
in "Supplement III" of the 2006
in the
2018 edition of the United States Code.
(qq) Section 170 of the Atomic Energy Act of
1954: as contained in
42 USC
2210, "Indemnification and Limitations of
Liability;" published January 5, 2010 in "Supplement
III" of the 2006
in the 2018 edition of
the United States Code."
(rr)
Section 302 of the Emergency Planning and Community Right-to-Know Act of 1986;
contained in
42 USC
11002; "Substance Facilities Covered and
Notification;" as published January 5, 2010 in
"Supplement III" of the 2006
in the 2018
edition of the United States Code.
(ss) Section 302(a) of the Uranium Mill
Tailings Radiation Control Act of 1978; contained in
42
USC 7942; "Designation by Secretary as
Processing Sites for Subchapter I Purposes;" as published
January 5, 2010 in "Supplement III" of the
2006
in the 2018 edition of the United
States Code.
(tt) Section 312 of
the Emergency Planning and Community Right-to-Know Act; contained in
42 USC
11022; "Emergency and Hazardous Chemical
Inventory Forms;" as published January 5, 2010 in
"Supplement III" of the 2006
in the 2018
edition of the United States Code.
(uu) Section 313 of the Emergency Planning
and Community Right-to-Know Act; contained in 40 CFR Part 372 ; "Toxic Chemical
Release Reporting: Community Right-to-Know;" as published
January 5, 2010 in "Supplement III" of the
2006
in the 2018 edition of the United
States Code.
(vv) Section 322 of
the Emergency Planning and Community Right-to-Know Act; contained in
42
USC 11042; "Trade Secrets;" as published
January 5, 2010 in "Supplement III" of the
2006
in the 2018 edition of the United
States Code.
(ww) Section 402 of
the Clean Water Act; contained in
33 USC
1342; "National Pollutant Discharge
Elimination System;" as published January 5, 2010 in
"Supplement III" of the 2006
in the 2018
edition of the United States Code.
(xx) Section 11049 of the Emergency Planning
and Community Right-to-Know Act of 1986; "Definitions;" as published
January 5, 2010 in "Supplement III" of the
2006
in the 2018 edition of the United
States Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(j)
Rule Amplifies: 3750.01
Prior Effective Dates: 07/30/1990, 06/30/1993, 12/31/1994, 09/01/1998, 02/10/2005, 06/05/2006, 01/02/2007, 10/29/2011, 11/18/2017
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