Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-104 - Accidental Release Prevention Program › Section 3745-104-02 - Threshold determination

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 references in this rule, see paragraph (C) of rule
				3745-104-01 of the
				Administrative Code titled "Referenced materials."]
(A) A threshold quantity of a regulated
			 substance listed in rule
			 3745-104-04 of
			 the Administrative Code is present at a stationary source if the total quantity
			 of the regulated substance contained in a process exceeds the
			 threshold.
(B) For the purposes of
			 determining whether more than a threshold quantity of a regulated substance is
			 present at the stationary source, the following exemptions apply:
(1) Concentrations of a regulated toxic
			 substance in a mixture. If a regulated substance is present in a mixture and
			 the concentration of the regulated substance is below one per cent by weight of
			 the mixture, the amount of the substance in the mixture need not be considered
			 when determining whether more than a threshold quantity is present at the
			 stationary source. Except for oleum, toluene, 2,4-diisocyanate, toluene
			 2,6-diisocyanate, and toluene diisocyanate (unspecified isomer), if the
			 concentration of the regulated substance in the mixture is one per cent or
			 greater by weight, but the owner or operator can demonstrate that the partial
			 pressure of the regulated substance in the mixture (solution) under handling or
			 storage conditions in any portion of the process is less than ten millimeters
			 of mercury, the amount of the regulated substance in the mixture in that
			 portion of the process need not be considered when determining whether more
			 than a threshold quantity is present at the stationary source. The owner or
			 operator shall document this partial pressure measurement or
			 estimate.
(2) Concentrations of a
			 regulated flammable substance in a mixture.
(a) If a regulated substance is present in a
			 mixture and the concentration of the regulated substance is below one per cent
			 by weight of the mixture, the mixture need not be considered when determining
			 whether more than a threshold quantity of the regulated substance is present at
			 the stationary source. Except as provided in paragraphs (B)(2)(b) and (B)
			 (2)(c) of this rule, if the concentration of the regulated substance is one per
			 cent or greater by weight of the mixture, then, for purposes of determining
			 whether a threshold quantity is present at the stationary source, the entire
			 weight of the mixture shall be treated as the regulated substance unless the
			 owner or operator can demonstrate that the mixture itself does not have a
			 national fire protection association flammability hazard rating of four. The
			 demonstration shall be in accordance with the definition of flammability hazard
			 rating four in the NFPA 704 The owner or operator shall document the national
			 fire protection association flammability hazard rating.
(b) Gasoline. Regulated substances in
			 gasoline, when in distribution or related storage for use as fuel for internal
			 combustion engines, need not be considered when determining whether more than a
			 threshold quantity is present at a stationary source.
(c) Naturally occurring hydrocarbon mixtures.
			 Prior to entry into a natural gas processing plant or a petroleum refining
			 process unit, regulated substances in naturally occurring hydrocarbon mixtures
			 need not be considered when determining whether more than a threshold quantity
			 is present at a stationary source. Naturally occurring hydrocarbon mixtures
			 include any combination of the following: condensate, crude oil, field gas, and
			 produced water, each as defined in rule
			 3745-104-01 of the
			 Administrative Code.
(3)
			 Articles. Regulated substances contained in articles need not be considered
			 when determining whether more than a threshold quantity is present at the
			 stationary source.
(4) Uses.
			 Regulated substances, when in use for the following purposes, need not be
			 included in determining whether more than a threshold quantity is present at
			 the stationary source:
(a) Use as a structural
			 component of the stationary source.
(b) Use
			 of products for routine janitorial maintenance.
(c) Use of employees of foods, drugs,
			 cosmetics, or other personal items containing the regulated substance.
(d) Use of regulated substances present in
			 process water or non-contact cooling water as drawn from the environment or
			 municipal sources, or use of regulated substances present in air used either as
			 compressed air or as part of combustion.
(5) Activities in laboratories. If a
			 regulated substance is manufactured, processed, or used in a laboratory at a
			 stationary source under the supervision of a technically qualified individual,
			 the quantity of the substance need not be considered in determining whether a
			 threshold quantity is present. This exemption does not apply to
			 the following:
(a) Speciality chemical production.
(b) Manufacture, processing, or use of
			 regulated substances in pilot plant scale operations.
(c) Activities conducted outside the
			 laboratory.