3745-100-11 Toxic chemical release reporting form and instructions.

[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) of rule 3745-100-01titled " Referenced materials." ]

(A) Availability of reporting form and instructions. The most current version of EPA form R and form R schedule 1 may be found on the following USEPA program web site: http://www.epa.gov/tri. Any subsequent changes to the form R or form R Schedule 1 will be posted on this web site. Submitters may also contact the TRI program at (202) 564-9554 to obtain this information. Ohio EPA also encourages facilities subject to this part to submit the required information to Ohio EPA by using electronic media in lieu of form R. Instructions for submitting and using electronic media may also be obtained from the address given in this paragraph.

(B) Form elements. Information elements reportable on EPA form R and form R schedule 1, or equivalent magnetic media format include the following:

(1) An indication of whether the report:

(a) Claims chemical identity as trade secret.

(b) Covers the entire facility or part of a facility.

(2) Signature of a senior management official certifying the following; "I hereby certify that I have reviewed the attached documents and, to the best of my knowledge and belief, the submitted information is true and complete and that amounts and values in this report are accurate based upon reasonable estimates using data available to the preparer of the report."

(3) Facility name and address including the toxic chemical release inventory facility identification number if known.

(4) Name and telephone number for both a technical contact and a public contact.

(5) The four-digit SIC code(s) for the facility or establishments in the facility until the reporting year ending December 31, 2005, for which reporting forms are due July 1, 2006. Beginning with the reporting year ending December 31, 2006, for which reporting forms are due July 1, 2007, and for each subsequent reporting year, the six-digit NAICS code(s) for the facility or establishments in the facility.

(6) Dun and Bradstreet identification number.

(7) The name(s) of receiving stream(s) or water body to which the chemical is released.

(8) Name of the facility's parent company and the parent company's Dunn and Bradstreet identification number.

(9) Name and chemical abstract number (CAS) (if applicable) of the chemical reported.

(10) If the chemical identity is claimed trade secret, a generic name for the chemical.

(11) A mixture component identity if the chemical identity is not known.

(12) An indication of the activities and uses of the chemical at the facility.

(13) An indication of the maximum amount of the chemical on site at any point in time during the reporting year.

(14) Information on releases of the chemical to the environment as follows:

(a) An estimate of total releases in pounds (except for dioxin and dioxin-like compounds, which shall be reported in grams) per year (releases of less than one thousand pounds per year may be indicated in ranges, except for chemicals set forth in rule 3745-100-16 of the Administrative Code) from the facility plus an indication of the basis of estimate for the following:

(i) Fugitive or non-point air emissions.

(ii) Stack or point air emissions

(iii) Discharges to receiving streams or water bodies including an indication of the "per cent" of releases due to stormwater.

(iv) Underground injection on site.

(v) Releases to land on site.

(b) Additional reporting for the dioxin and dioxin-like compounds category.

(i) For reports pertaining to a reporting year ending on or before December 31, 2007, report a distribution of the chemicals included in the dioxin and dioxin-like compounds category. Such distribution shall either represent the distribution of the total quantity of dioxin and dioxin-like compounds released to all media from the facility; or its one best media-specific distribution.

(ii) For reports pertaining to a reporting year ending after December 31, 2007, report the quantity of each member of the dioxin and dioxin-like compounds category in units of grams per year on Form R Schedule 1.

(15) Information on transfers of chemicals in wastes to off-site locations as follows:

(a) For transfers to publicly owned treatment works (POTW):

(i) The name and address (including county) of each POTW to which the chemical is transferred.

(ii) An estimate of the amount of the chemical transferred in pounds (except for dioxin and dioxin-like compounds, which shall be reported in grams) per year (transfers of less than one thousand pounds per year may be indicated as a range, except for chemicals set forth in rule 3745-100-16 of the Administrative Code) and an indication of the basis of the estimate. In addition, for reports pertaining to a reporting year ending after December 31, 2007, report the quantity of each member of the dioxin and dioxin-like compounds category in units of grams per year on Form R Schedule 1.

(b) For transfers to other off-site locations:

(i) The name, address (including county), and EPA identification number (RCRA I.D. number) of each off-site location, including an indication of whether the location is owned or controlled by the reporting facility or the parent company.

(ii) An estimate of the amount of the chemical in waste transferred in pounds (except for dioxin and dioxin-like compounds, which shall be reported in grams) per year (transfers of less than one thousand pounds may be indicated in ranges, except for chemicals set forth in rule 3745-100-16 of the Administrative Code) and an indication of the basis of the estimate. In addition, for reports pertaining to a reporting year ending after December 31, 2007, report the quantity of each member of the dioxin and dioxin-like compounds category in units of grams per year on form R schedule 1.

(16) The following information relative to waste treatment:

(a) An indication of the general type of wastestream containing the reported chemical.

(b) The treatment method applied to the wastestream.

(c) An indication of the concentration of the chemical in the wastestream prior to treatment. An estimate of the efficiency of the treatment, which shall be indicated by a range.

(d) An indication (use is optional) of whether treatments listed are part of a treatment sequence.

(C) The owner or operator subject to the reporting requirements must submit to the Ohio EPA a completed USEPA form R or form R schedule 1 on or before July first of each year in accordance with the instructions in 40 CFR 372.85 .

(D) The director shall prescribe and publish a "Fee Calculation Worksheet" which shall be submitted by owners and operators subject to the reporting requirements.

Effective: 11/04/2011
R.C. 119.032 review dates: 08/16/2011 and 08/16/2016
Promulgated Under: 119.03
Statutory Authority: 3751.02
Rule Amplifies: 3751.03
Prior Effective Dates: 6/22/1989, 01/16/2006, 09/25/2008.