Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-07 - Reporting requirements and schedule for reporting

Current through all regulations passed and filed through July 1, 2024
[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."]
(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
			 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 
										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:
(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)
										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.