Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-100 - Toxic Chemical Release Reporting › Section 3745-100-14 - Alternate threshold and certification

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) 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.