Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-08 - Exemptions

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) De minimis concentrations of a toxic
			 chemical in a mixture. If a toxic chemical is present in a mixture of chemicals
			 at a covered facility, and the toxic chemical is in a concentration in the
			 mixture which is below one per cent of the mixture, or 0.1 per cent of the
			 mixture in the case of a toxic chemical which is a carcinogen as defined in
			 29 CFR
			 1910.1200(d)(4), a person is
			 not required to consider the quantity of the toxic chemical present in such
			 mixture when determining whether an applicable threshold has been met under
			 rule
			 3745-100-06
			 of the Administrative Code or determining the amount of release to be reported
			 under rule
			 3745-100-07
			 of the Administrative Code. This exemption applies whether the person received
			 the mixture from another person or the person produced the mixture, either by
			 mixing the chemicals involved or by causing a chemical reaction which resulted
			 in the creation of the toxic chemical in the mixture. However, this exemption
			 applies only to the quantity of the toxic chemical present in the mixture. If
			 the toxic chemical is also manufactured (including imported), processed or
			 otherwise used at the covered facility other than as part of the mixture or in
			 a mixture at higher concentrations in excess of an applicable threshold
			 quantity set forth in rule
			 3745-100-06
			 of the Administrative Code, the person is required to report under rule
			 3745-100-07
			 of the Administrative Code. This exemption does not apply to toxic chemicals
			 listed in rule
			 3745-100-16
			 of the Administrative Code, except for purposes of paragraph (D)(1) of rule
			 3745-100-09
			 of the Administrative Code.
(B)
			 Articles. If a toxic chemical is present in an article at a covered facility, a
			 person is not required to consider the quantity of the toxic chemical present
			 in such article when determining whether an applicable threshold has been met
			 under rule
			 3745-100-06,
			 3745-100-14,
			 or
			 3745-100-16
			 of the Administrative Code or determining the amount of release to be reported
			 under rule
			 3745-100-07
			 of the Administrative Code. This exemption applies whether the person received
			 the article from another person or the person produced the article. However,
			 this exemption applies only to the quantity of the toxic chemical present in
			 the article. If the toxic chemical is manufactured (including imported),
			 processed or otherwise used at the covered facility other than as part of the
			 article in excess of an applicable threshold quantity set forth in rule
			 3745-100-06
			 of the Administrative Code, the person is required to report under rule
			 3745-100-07
			 of the Administrative Code. Persons potentially subject to this exemption
			 should carefully review the definitions of "article" and "release" in rule
			 3745-100-01 of the
			 Administrative Code. If a release of a toxic chemical occurs as a result of the
			 processing or use of an item at the facility, that item does not meet the
			 definition of "article."
(C) Uses.
			 If a toxic chemical is used at a covered facility for a purpose described in
			 paragraphs (C)(1) to (C)(5) of this rule, a person is not required to consider
			 the quantity of the toxic chemical used for such purpose when determining
			 whether an applicable threshold has been met under rule
			 3745-100-06,
			 3745-100-14,
			 or
			 3745-100-16
			 of the Administrative Code or determining the amount of releases to be reported
			 under rule
			 3745-100-07
			 of the Administrative Code. However, this exemption only applies to the
			 quantity of the toxic chemical used for the purpose described in paragraphs
			 (C)(1) to (C)(5) of this rule. If the toxic chemical is also manufactured
			 (including imported), processed or otherwise used at the covered facility other
			 than as described in paragraphs (C)(1) to (C)(5) of this rule in excess of an
			 applicable threshold quantity set forth in rule
			 3745-100-06
			 of the Administrative Code, the person is required to report under rule
			 3745-100-07
			 of the Administrative Code. This exemption only applies to the quantity of the
			 toxic chemical for the following purposes:
(1)
			 Use as a structural component of the facility.
(2) Use of products for routine janitorial or
			 facility grounds maintenance. Examples include use of janitorial cleaning
			 supplies, fertilizers and pesticides similar in type or concentration to
			 consumer products.
(3) Personal use
			 by employees or other persons at the facility of foods, drugs, cosmetics or
			 other personal items containing toxic chemicals, including supplies of such
			 products within the facility such as in a facility-operated cafeteria, store or
			 infirmary.
(4) Use of products
			 containing toxic chemicals for the purpose of maintaining motor vehicles
			 operated by the facility.
(5) Use
			 of toxic chemicals present in process water and noncontact cooling water as
			 drawn from the environment or from municipal sources, or toxic chemicals
			 present in air used either as compressed air or as part of
			 combustion.