Ohio Admin. Code 3745-100-08 - Exemptions
[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
(FF)
(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.
(D)
Activities in laboratories. If a toxic chemical is manufactured, processed or
used in a laboratory at a covered facility under the supervision of a
technically qualified individual as defined in paragraph (O) of rule
3745-100-01 of the
Administrative Code, a person is not required to consider the quantity so
manufactured, processed or used 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 does not apply in the following
cases:
(1) Specialty chemical
production.
(2) Manufacture,
processing or use of toxic chemicals in pilot plant scale operations.
(3) Activities conducted outside the
laboratory.
(E) Certain
owners of leased property. The owner of a covered facility is not subject to
reporting under rule
3745-100-07
of the Administrative Code if such owner's only interest in the facility is
ownership of the real estate upon which the facility is operated. This
exemption applies to owners of facilities such as industrial parks, all or part
of which are leased to persons who operate establishments in any SIC code or
NAICS code in rule
3745-100-17
of the Administrative Code that are subject to the requirements of this part,
where the owner has no other business interest in the operation of the covered
facility.
(F) Reporting by certain
operators of establishments on leased property such as industrial parks. If two
or more persons, who do not have any common corporate or business interest
(including common ownership or control), operate separate establishments within
a single facility, each such person shall treat the establishments that person
operates as a facility for purposes of this rule. The determinations in rules
3745-100-05
and
3745-100-06
of the Administrative Code shall be made for those establishments. If any such
operator determines that the establishment is a covered facility under rule
3745-100-05
of the Administrative Code and that a toxic chemical has been manufactured
(including imported), processed or otherwise used at the establishment in
excess of an applicable threshold in rule
3745-100-06
of the Administrative Code for a calendar year, the operator shall submit a
report in accordance with rule
3745-100-07
of the Administrative Code for the establishment. For purposes of this, a
common corporate or business interest includes ownership, partnership, joint
ventures, ownership of a controlling interest in one person by the other, or
ownership of a controlling interest in both persons by a third
person.
(G) Coal extraction
activities. If a toxic chemical is manufactured, processed, or otherwise used
in extraction by facilities in SIC code 12, or in NAICS codes 212111, 212112 or
212113, a person is not required to consider the quantity of the toxic chemical
so manufactured, processed, or otherwise used 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 amounts to be reported under
rule
3745-100-07
of the Administrative Code.
(H)
Metal mining overburden. If a toxic chemical that is a constituent of
overburden is processed or otherwise used by facilities in SIC code 10, or in
NAICS codes 212221, 212222, 212231, 212234 or 212299, a person is not required
to consider the quantity of the toxic chemical so processed, or otherwise used
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 amounts to be reported under
rule
3745-100-07
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3751.02
Rule Amplifies: 3751.03
Prior Effective Dates: 06/22/1989, 05/07/2001, 01/16/2006, 11/04/2011, 02/11/2017
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