Ohio Admin. Code 3750-25-01 - Facilities subject to emergency release notification requirements
[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 (YY) of rule 3750-1-01 of the Administrative Code titled "Referenced materials."]
(A) A facility as defined in paragraph (Q) of
rule
3750-1-01
of the Administrative Code that meets both of the following criteria is subject
to the release notification reporting requirements of section
3750.06 of the Revised Code:
(1) Where a hazardous chemical is produced,
used or stored; and
.
(2) From
which there is a release of an extremely hazardous substance or hazardous
substance or oil in a quantity equal to or exceeding the applicable reportable
quantity established under rules
3750-20-30,
3750-20-50,
and
3750-25-20
of the Administrative Code.
(B) Release notification reporting
requirements of 3750.06 of the Revised Code are
not required for any of the following:
(1) Any release of an extremely hazardous
substance, hazardous substance, or oil from a facility that results in exposure
to persons solely within the site or sites on which the facility is located.
"Site" for purposes of this section includes facility as defined in paragraph (Q) of rule 3750-1-01 of the Administrative Code, in addition to the surrounding property within the boundaries of the facility.
(2) Any release which is a "federally
permitted release" as defined in section 101(10) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
(3) Any release that is:
(a) Continuous and stable in quantity and
rate under definitions in paragraph (B) of rule
3750-25-15
of the Administrative Code. Exemptions from notification under this paragraph
does not include exemption from:
(i) Initial
notification as defined under paragraphs (D)(1) and (D)(2) of rule
3750-25-15
of the Administrative Code.
(ii)
Notification of statistically significant increase, as defined in paragraph (B)
of rule
3750-25-15
of the Administrative Code as any increase above the upper bound of the
reported normal range which is to be submitted to the emergency coordinator for
the committee for any area likely to be affected by the release and to the
state emergency response commission of any state like to be affected by the
release;
.
(iii)
Notification of a "new release" as defined in paragraph (D)(4)(a) of the
3750-25-15 of the Administrative Code;
or
.
(iv) Notification of change in the normal
range of release as required under paragraph (D)(5) of rule
3750-25-15
of the Administrative Code.
(4) Any release of a pesticide product exempt
from reporting under Section 103(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA);
.
(5) Any release not meeting the definition of
release as defined in paragraph (FF) of the rule
3750-1-01
of the Administrative Code and therefore exempt from reporting under section
3750.06 of the Revised Code.
(6) Any radionuclide release which
occurs any of the following:
(a) Naturally occurring in soil from land
holdings such as parks, golf courses, or other large tracks of land;
.
(b) Naturally from the disturbance of land
for purposes of mining such as for agricultural or construction
activities;
.
(c) From
dumping of coal and coal ash at utility and industrial facilities with
coal-fired boilers; and
.
(d) From
coal and coal ash piles at utility and industry facility with coal-fired
boilers.
(7) Any release
of source, byproduct, or special nuclear material from a nuclear incident, as
those terms are defined in Atomic Energy Act of 1954, if the release is subject
to the requirements with respect to financial protection established by the
Nuclear Regulatory Commission under section 170 of The Atomic Energy Act of
1954.
(8) For purposes of section
104 of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA) or any other response action, any release of source,
byproduct, or special nuclear material from any processing site designated
under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation
Control Act of 1978.
(9) Any
discharges of oil from a properly functioning vessel engine as set forth under
40
CFR Part 110.5. However, discharges of such
oil accumulated in a vessel's bilges shall not be so exempt from reporting
under section 3750.06 of the Revised
Code.
(10) Any emissions from
engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline
pumping station engine.
(11) Any
controlled application of oil for the purpose of constructing, repairing or
maintaining a roadway, public path, or parking lot. This exemption does not
apply to any oil which leaves the roadway, public path, or parking lot in a
reportable quantity established in rule
3750-25-20
of the Administrative Code.
(12)
Any emergency release of aviation fuel from an aircraft that is in compliance
with current applicable federal aviation administration guidelines for such
releases.
(13) Any release in
amounts less than one thousand pounds per twenty four hours of:
(a) Nitrogen oxide to the air that is the
result of combustion and combustion-related activities.
(b) Nitrogen dioxide to the air that is the
result of combustion and combustion-related activities.
(C) Release notification reporting
requirements of section
3750.06 of the Revised Code are
required for oil as defined in paragraph (AA) of rule
3750-1-01
of the Administrative Code and set forth under rule
3750-25-25
of the Administrative Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(j)
Rule Amplifies: 3750.01
Prior Effective Dates: 07/30/1990, 06/30/1993, 12/31/1994, 09/01/1998, 06/05/2006, 06/18/2007, 10/29/2011, 11/18/2017
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(3)
Rule Amplifies: 3750.06
Prior Effective Dates: 07/30/1990, 06/30/1993, 12/31/1994, 09/01/1998, 06/05/2006, 06/18/2007, 10/29/2011, 11/18/2017
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.