3750-30-27. Threshold quantities for hazardous chemical reporting

(A) Except as provided in paragraph (C) of this rule the minimum threshold quantity for reporting under rules 3750-30-15 and 3750-30-20 of the Administrative Code shall be according to the following schedule:

The owner or operator of a facility subject to rule 3750-30-01 of the Administrative Code shall submit a list as defined in paragraph (B) of rule 3750-30-15 of the Administrative Code or MSDS pursuant to paragraph (C) of rule 3750-30-15 of the Administrative Code:

(1) On or before October 17, 1989, (or three months after the facility first becomes subject to this rule), for all hazardous chemicals present at the facility in amounts equal to or exceeding ten thousand pounds, or that are extremely hazardous substances present at the facility in an amount equal to or exceeding five hundred pounds (or fifty-five gallons) or the threshold planning quantity, whichever is less.

(2) On or after January 1, 2001 for gasoline or diesel fuel located at a retail gas station when one or more of the following are met:

(a) Amounts of gasoline equal to or exceeding seventy-five thousand gallons (all grades combined).

(b) Amounts of diesel fuel equal to or exceeding one hundred thousand gallons (all combined grades).

(c) Fuel stored in tanks that were not entirely underground.

(d) Tanks located at a retail gas station that were not in compliance at all times during the preceding calendar year with all applicable underground storage tank requirements contained in Chapter 1301:7-9 of the Administrative Code.

[Comment: For the purposes of this rule, retail gas station means a retail facility engaged in selling gasoline or diesel fuel principally to the public, for motor vehicle use on land.]

(B) The owner or operator of a facility subject to paragraph (A) of this rule shall submit an inventory form as follows:

(1) On or before March 1, 1988, (or March first of the first year after the facility first becomes subject to this rule covering all hazardous chemicals present at the facility during the preceding calendar year in amounts equal to or greater than ten thousand pounds, or that are extremely hazardous substances present at the facility in an amount greater than or equal to five hundred pounds (or fifty-five gallons) or the threshold planning quantity, whichever is less.

(2) On or before March 1, 1989, (or March first of the second year after the facility first becomes subject to this rule), covering all hazardous chemicals present at the facility during the preceding calendar year in amounts equal to or greater than ten thousand pounds, or that are extremely hazardous substance present at the facility in an amount greater than or equal to five hundred pounds (or fifty-five gallons) or the threshold planning quantity, whichever is less.

(3) On or after January 1, 2001, covering gasoline or diesel fuel located at a retail gas station when one or more of the following are met:

(a) Amounts of gasoline equal to or exceeding seventy-five thousand gallons (all combined grades).

(b) Amounts of diesel fuel equal to or exceeding one hundred thousand gallons (all grades combined).

(c) Fuel stored in tanks that were not entirely underground.

(d) Tanks located at a retail gas station that was not in compliance at all times during the preceding calendar year with all applicable underground storage tank requirements contained in Chapter 1301:7-9 of the Administrative Code.

[Comment: For purposes of this rule, retail gas station means a retail facility engaged in selling gasoline or diesel fuel principally to the public, for motor vehicle use on land.]

(C) The minimum threshold for reporting in response to a facility specific, chemical specific request for the submission of an MSDS as prescribed in paragraph (E) of rule 3750-30-15 of the Administrative Code or an inventory form containing Tier II information as prescribed in paragraph (H) of rule 3750-30-20 of the Administrative Code shall be zero. Where the commission or committee is responding to a request subject to section 3750.10 of the Revised Code, all requirements of that section shall be met. No such facility specific, chemical specific request under this section shall be used to calculate fees assessable under rule 3750-50-01 of the Administrative Code or to expand the content or scope of the map described in paragraphs (F)(4) and (H)(7) of rule 3750-30-20 of the Administrative Code.

(D) The owner or operator of a facility may calculate the amount of a hazardous chemical present at a facility and meet the hazardous chemical reporting requirements of rule 3750-30-20 (inventory reporting) of the Administrative Code and rule 3750-30-15 (list or MSDS reporting) of the Administrative Code for a hazardous chemical that is a mixture by either of the following:

(1) Determining the quantities and providing the required information on each component in the mixture which is a hazardous chemical.

(2) Determining the quantities and providing the required information on the mixture itself, so long as the reporting of mixtures by a facility under rule 3750-30-15 of the Administrative Code is in the same manner as under rule 3750-30-20 of the Administrative Code where practicable.

(E) The calculation of the threshold quantities present in a mixture shall be performed as follows:

(1) If the reporting is on each component of the mixture which is a hazardous chemical, then the concentration of the hazardous chemical, in weight per cent (greater than one per cent or 0.1 per cent if carcinogenic) shall be multiplied by the mass (in pounds) of the mixture to determine the quantity of the hazardous chemical in the mixture.

(2) If the reporting is on the mixture , the total quantity of the mixture shall be reported.

(3) If extremely hazardous substances are hazardous components of a mixture, the quantity of the extremely hazardous substance in each mixture shall be aggregated to determine if the threshold value has been reached for the facility. Reporting may be accomblished by reporting on the component or the mixture even if the amount of the mixture is below the reporting threshold. Aggregation of non-extremely hazardous substances present in mixtures and in pure form is not required, but may be done if a facility is reporting all hazardous chemicals in mixtures by component.

Effective: 10/22/2016
Five Year Review (FYR) Dates: 07/11/2016 and 03/30/2021
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(b)
Rule Amplifies: 3750.07, 3750.08
Prior Effective Dates: 7/30/90, 5/31/02