Chapter 3750-30 Hazardous Chemical Reporting

3750-30-01 Facilities subject to hazardous chemical reporting 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 that meets both of the following criteria is subject to hazardous chemical reporting under rules 3750-30-15 and 3750-30-20 of the Administrative Code:

(1) Any facility whose owner or operator is required to prepare or have available a "Material Safety Data Sheet (MSDS)" for a hazardous chemical under the Occupational Safety and Health Act of 1970, 29 USC 651 to 678, as amended, and regulations adopted thereunder; and

(2) The facility has present an amount of any one or more hazardous chemical(s) equal to or exceeding the threshold quantity established under rule 3750-30-27 of the Administrative Code.

(B) An agricultural producer, as defined in paragraph (B) of rule 3750-1-01 of the Administrative Code, who has complied with section 302 of the Emergency Planning and Community Right-To-Know Act of 1986, and divisions (B) and (C) of section 3750.05 of the Revised Code, is not a facility subject to this rule with respect to the producer's agricultural activities.

(C) This chapter does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of this chapter, including transportation and distribution of natural gas.

(D) A retail gas station, which is engaged in selling gasoline and/or diesel fuel principally to the general public for motor vehicle use on land, with gasoline and/or diesel fuel stored entirely underground, in compliance with all applicable underground storage (UST) requirements and with quantities of gasoline and/or diesel fuel that do not exceed the quantities specified in rule 3750-30-27 of the Administrative Code is not a facility subject to the reporting requirements under rules 3750-30-15 and 3750-30-20 of the Administrative Code.

(E) An owner or operator of a facility that is an oil and gas extraction storage facility as defined in paragraph (BB) of rule 3750-1-01 of the Administrative Code shall prepare and submit to the chief of the division of mineral resources management, Ohio department of natural resources, on or before the first day of March of each year, a "Statement of Production of Oil, Gas, and Brine (Form 10 Annual Statement of Production (DNR5601))", for the last preceding calendar year as required under Chapter 1509. of the Revised Code. An owner or operator of such a facility who has filed such a report shall be deemed to have satisfied the reporting requirements under sections 3750.07 and 3750.08 of the Revised Code, but is still subject to the reporting requirements under sections 3750.06 and 3750.13 of the Revised Code.

Effective: 10/29/2011
R.C. 119.032 review dates: 08/10/2011 and 10/29/2016
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(b)
Rule Amplifies: 3750.07 , 3750.08
Prior Effective Dates: 7/30/90, 6/30/93, 4/6/99, 6/5/06

3750-30-10 General facility identification requirements for subject facilities. [Rescinded].

Rescinded eff 6-5-06

3750-30-10.1 General facility identification requirements for oil and gas extraction storage facility. [Rescinded].

Rescinded eff 6-5-06

3750-30-11 Facility requirements for a multiple establishment facility. [Rescinded].

Rescinded eff 6-5-06

3750-30-15 List or material safety data sheets (MSDS) reporting requirements for subject facilities.

(A) Except as provided in paragraph (C) of this rule, an owner or operator of a facility subject to rule 3750-30-01 of the Administrative Code shall submit a list of any hazardous chemical present at the facility according to the minimum threshold quantity schedule established in paragraph (A) of rule 3750-30-27 of the Administrative Code within three months of first acquiring the regulated quantity of any hazardous chemical to the commission, the committee and the fire department having jurisdiction over the facility.

(B) The list shall contain the following:

(1) A listing of the hazardous chemicals for which a material safety data sheet (hereinafter "MSDS") is required, grouped by hazard categories as defined in rule 3750-30-25 of the Administrative Code;

(2) The chemical name or common name of each hazardous chemical as provided on the MSDS;

(3) Except for reporting of mixtures under paragraph (D) of rule 3750-30-27 of the Administrative Code, any hazardous component of each hazardous chemical as provided on the MSDS;

(4) An indication as to whether the owner or operator has chosen to withhold the chemical identification from disclosure as trade secret pursuant to section 3750.09 of the Revised Code.

(C) The requirement for filing a list under this rule may be met by completing a facility identification form and the chemical identification and hazard category sections of the annual inventory report form.

(D) While ohio's commission and committees prefer the submission of a list as outlined in paragraph B and C of this rule, a facility at which no more than ten hazardous chemicals are stored in an amount that exceeds the minimum threshold quantity schedule established in paragraph (A) of rule 3750-30-27 of the Administrative Code, may submit copies of MSDS's.

(E) Supplemental reporting by an owner or operator is required as follows:

(1) An owner or operator of a facility that has submitted an MSDS under this rule shall provide a revised MSDS to the commission, committee and the fire department having jurisdiction over the facility within three months after discovery of significant new information concerning the hazardous chemical for which the MSDS was submitted.

(2) After October 17, 1987, the owner or operator of a facility subject to this rule shall submit an MSDS for a hazardous chemical pursuant to paragraph (C) of this rule or a list pursuant to paragraph (A) of this rule within three months after the owner or operator is first required to prepare or have available the MSDS or after a hazardous chemical requiring an MSDS becomes present in an amount exceeding the threshold quantity established in paragraph (A) of rule 3750-30-27 of the Administrative Code.

(F) The owner or operator of a facility that has not submitted the MSDS for a hazardous chemical present at the facility shall submit the MSDS for any such hazardous chemical to the commission or the committee of such request. The MSDS shall be submitted within thirty days of the receipt of such request.

(G) The commission shall protect from disclosure trade secret information that is subject to protection under division (B)(2)(d) of section 3750.02 of the Revised Code and rules adopted by the commission under Chapter 3750-60.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(d)
Rule Amplifies: 3750.07
Prior Effective Dates: 6/30/90, 4/6/99

3750-30-20 Facility emergency and hazardous chemical inventory form.

[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) Each owner or operator of a facility that is subject to rule 3750-30-01 of the Administrative Code shall annually prepare a facility emergency and hazardous chemical inventory report containing the information as defined in paragraphs (B) to (D) of this rule using either forms prescribed by the commission or via electronic submission as prescribed by the commission. The owner or operator of a facility subject to this rule shall annually submit this report on or before of March first of each year to each of the following:

(1) The local emergency planning committee of the emergency planning district in which the facility is located;

(2) The commission;

(3) The fire department having jurisdiction over the facility.

[Comment: Ohio's commission has adopted a resolution requesting the submission of Tier II information on Ohio's approved forms. In addition to the requirements in paragraph (A) of this rule, each owner or operator must submit an annual inventory filing fee and facility annual chemical inventory fee worksheet (EPA 0320) as prescribed in rule 3750-50-01 of the Administrative Code to the commission.]

(B) An owner or operator of a facility that is subject to rule 3750-30-01 of the Administrative Code shall submit facility identification information that includes, but is not limited to, the following:

(1) The inventory calendar date and year for which the forms are being prepared;

(2) Parent company information that includes: corporate name of the owner or operator preparing the form, address, "Dunn & Bradstreet" number, and the division or subsidiary name of the facility for which the forms are being prepared;

(3) Facility name, address, and "Dunn & Bradstreet" number. If street address is not available, enter other appropriate identification that describes the physical location of the facility, such as the longitude and latitude coordinates or the (x,y) coordinates;

(4) Emergency contact's name, title, work telephone number, and emergency telephone number at which the emergency contact may be reached twenty-four hours per day;

(5) Alternate emergency contact's name, title, work telephone number and emergency telephone number at which the alternate emergency contact may be reached;

(6) An emergency telephone number for the facility where emergency information will be available twenty-four hours a day;

(7) The "Standard Industrial Classification" (SIC) or the "North American Industrial Classification System" (NAICS) code of the facility;

(8) The approximate maximum number of people present at the facility during a regular working period;

(9) The name and emergency telephone number of the fire department having jurisdiction over the facility (a non-9-1-1 number);

(10) A certification signed by owner or operator or an officially designated representative who certifies that the information submitted on this document has been personally examined and that the representative is familiar with the information submitted on this document and based upon inquiry of those individuals responsible for obtaining the information, it is believed that the submitted information is true, accurate and complete.

(C) In addition to the above listed information in paragraph (B) of this rule, an owner or operator is requested to submit the following additional information as it may apply to the facility;

(1) A designated emergency fax number and e-mail address for the facility where emergency information will be received;

(2) Any Ohio EPA identification number assigned to a facility, as may be required pursuant to the "Resource Conservation and Recovery Act" (RCRA), contained in 42 USC Section 6901 to 6992K;

(3) Any permit held by a facility under the "National Pollution Discharge Elimination System" (NPDES) issued pursuant to state or federal authority under the "Clean Water Act" contained in 33 USC Section 1251 to 1387 and Chapter 6111. of the Revised Code;

(4) Any state wastewater facility permit number designated to the facility pursuant to Chapter 6111. of the Revised Code;

(5) Any pretreatment identification number designated to the facility pursuant to Chapter 6111. of the Revised Code;

(6) Any air permit facility number designated to the facility pursuant to Chapter 3704. of the Revised Code;

(7) Longitude and latitude coordinates or (X)(Y) coordinates;

(8) The division of oil and gas permit number for the tank battery pursuant to Chapter 1509. of the Revised Code;

(9) The Bureau of underground storage tank regulation and petroleum underground storage tank and release compensation board registration number pursuant to Chapter 3737. of the Revised Code.

(D) In addition to the above information in paragraphs (B) and (C) of this rule, an owner or operator shall submit the following information as it applies to the facility:

(1) The chemical name, or common name of the hazardous chemical(s) as provided on the MSDS and the chemical abstract service number.

(a) For mixtures containing extremely hazardous substance(s), the name of the extremely hazardous substances and the chemical abstract service number is to be reported on the line below the mixture name reported on the emergency and hazardous chemical inventory form; and

(b) Inventory reports listing extremely hazardous substances shall list extremely hazardous substances before other hazardous chemicals;

(2) The physical description of the chemical including categories of pure, mixture, components, extremely hazardous substances, solid, liquid, or gas;

(3) The hazard and physical category as established in rule 3750-30-25 of the Administrative Code that applies to each hazardous chemical reported;

(4) A brief description of the manner and method of storage of fixed storage for hazardous chemical as set forth below to include, but not limited to, each of the following type:

(a) Type of storage used for each reported chemical (storage does not include flow through process);

(b) Pressure and temperature conditions under which each reported chemical is subject to during storage;

(c) The number of day(s) for which the reported chemical(s) was located on-site;

(5) An estimate of the maximum amount of each hazardous chemical(s) that was present at the facility at any time during the preceding calendar year;

(6) An estimate of the average daily amount of each hazardous chemical(s) that was present at the facility during the preceding calendar year;

(a) For the purpose of this rule, the average daily amount shall be determined by totaling all the daily weights of each hazardous chemical and dividing that total by the number of days the chemical was present at the facility. An owner or operator of a facility shall report the number of days used in the calculation;

(7) The estimated amount shall be reported either in appropriate reporting ranges as listed in this paragraph or in actual pounds rounded up to two significant figures;

Reporting ranges:

Range Value Weight Range in Pounds From ..... Weight Range in Pounds To .....
01 0 99
02 100 999
03 1,000 9,999
04 10,000 99,999
05 100,000 999,999
06 1,000,000 9,999,999
07 10,000,000 49,999,999
08 50,000,000 99,999,999
09 100,000,000 499,999,999
10 500,000,000 999,999,999
11 1 billion higher than 1 billion

(8) The general location of each hazardous chemical present at the facility.

(a) An owner or operator shall submit a map indicating the following:

(i) Fixed and stationary items.

(ii) The storage locations of those hazardous chemicals present at the facility in quantities equal to or greater than the threshold quantity established under rule 3750-30-27 of the Administrative Code or those extremely hazardous substances present at the facility equal to or exceeding the threshold planning quantities established under rules 3750-30-27 and 3750-20-30 of the Administrative Code or five hundred pounds as reported on the annual inventory form.

(b) A map shall identify the facility buildings located at the site or on contiguous property including:

(i) Buildings;

(ii) Building openings;

(iii) Building or rooms including location;

(iv) Building floors.

Only those buildings or rooms used for chemical storage shall be identified.

If a room or building is used as a warehouse. the map shall identify such area by labeling the room as a "warehouse."

For purposes of this rule "warehouse" means any area where chemicals are moved frequently to accommodate storage incidental to shipping.

(c) A map shall identify the facility's surrounding are including:

(i) Drive though gates;

(ii) Bordering streets;

(iii) Access roads;

(iv) Surrounding land uses;

(v) Waterways.

(d) A map shall identify any storage structures or areas including:

(i) Inside storage tanks;

(ii) Outside storage tanks;

(iii) Inside storage areas;

(iv) Outside storage areas.

For purposes of this rule, "tank" means a totally enclosed container.

(e) A map shall identify portable containers stored in a single large areas as other storage.

For purposes of this rule, "portable containers" means any container which is not stored in a permanent place.

(f) A map shall indicate compass direction and scale representations.

(g) A map shall include the facility's name and address.

(h) The information required in paragraphs (B) to (D) of this rule shall be submitted to the commission, committee and fire department having jurisdiction over the facility unless otherwise negotiated and agreed to by the committee or the fire department. The negotiated information shall be approved by the committee or fire department and provided in a letter indicating approval to the commission, attached to the map.

(9) An owner or operator of a facility may indicate that the storage location of a hazardous chemical(s) present at a facility as reported on a Tier II inventory form or electronic submission and a map shall not be disclosed to any person who is not an officer or employee of the state or political subdivision acting in an official capacity.

(10) An owner or operator may choose to withhold information about the hazardous chemical(s) present at the facility from disclosure as a trade secret, if so, the owner or operator shall indicate whether a claim has been filed with the administrator of the United States environmental protection agency for protection of that information as a trade secret pursuant to the rules adopted under division (B)(2)(d) of section 3750.02 of the Revised Code or has filed a claim with the commission pursuant to rules adopted under section 3750.09 of the Revised Code.

(11) A certification signed by the owner or operator or an officially designated representative which certifies that the information has been personally examined and that such owner, operator, or representative is familiar with this document and attached map, and that based on an inquiry of those individuals responsible for obtaining the information, it is believed that the submitted information is true, accurate, and complete.

(E) The committee and fire department having jurisdiction over a facility may, after assessing the information obtained from an owner or operator's previous Tier II inventory form or on a state Tier II inventory form or electronic submission as adopted by the commission, may request any other information otherwise agreeable to the committee and fire department and the owner or operator of the facility. The confidential business information and trade secret provisions under Chapter 3750. of the Revised Code are applicable to the information submitted pursuant to this paragraph.

(1) The committee and fire department having jurisdiction over a facility shall determine the scope of information to be submitted pursuant to this paragraph by evaluating the information on the basis of the following factors:

(a) The information reported shall aid to reduce the extraordinary risk injury to public health and safety or to the environment;

(b) The information reported shall aid to reduce the extraordinary risk to injury to responding emergency management personnel in the event of a release of hazardous substances from the facility considering the following:

(i) The specific characteristics and degree and nature of the hazards posed by the release of the hazardous substances;

(ii) The proximity of the facility to a residential area, or area with significantly large numbers of people are employed or otherwise congregate; and to environmental resources that are subject to injury;

(iii) The quantities of extremely hazardous substances and hazardous chemicals that are routinely present at the facility;

(iv) The frequency in which the extremely hazardous substances and hazardous chemicals are present at the facility;

(2) An owner or operator subject to this rule shall continue to annually prepare and submit an inventory form or electronic submission as required under paragraph (B) to (D) of this rule in addition to the information as agreed upon under paragraph (E) of this rule.

(3) A committee and fire department acquiring additional information pursuant to paragraph (E) of this rule shall notify the commission of such an agreement.

(F) An owner or operator of a facility subject to rule 3750-30-01 of the Administrative Code may submit chemical inventory information on forms prescribed by the administrator of the USEPA under section 312 of the Emergency Planning and Community Right-To-Know Act of 1986(federal form) or on a state form adopted by the commission or on commission approved software to collect information required by paragraphs (B) to (D) of this rule.

(G) No owners or operators of a facility where hazardous chemical(s) are stored in an amount that exceeds the threshold quantity established in rule 3750-30-27 of the Administrative Code shall fail to submit:

(1) A state inventory form containing Tier II information as prescribed in paragraphs (B) to (D) of this rule; or

(2) A federal inventory form containing Tier II information; or

(3) Commission approved electronic software.

(H) An owner or operator of a facility who has previously submitted an inventory form pursuant to this rule, in the event there are no changes to the reported information including any facility map submitted, may send, in lieu of the reports otherwise required under this rule only the facility information prescribed in paragraphs (B) and (C) of this rule with a marked "no change (from last year's)" to the commission, committee and fire department having jurisdiction over the facility. An owner or operator shall submit a new inventory form and facility map every three years even if no changes have occurred at the facility.

(I) The owner or operator of the facility under paragraph (H) of this rule shall submit an annual inventory filing fee and worksheet form prescribed in rule 3750-50-01 of the Administrative Code to the commission.

Effective: 10/29/2011
R.C. 119.032 review dates: 08/10/2011 and 10/29/2016
Promulgated Under: 119.03
Statutory Authority: 3750.02
Rule Amplifies: 3750.02(B)(1) , 3750.07
Prior Effective Dates: 6/30/90, 3/20/91 (Emer.), 9/20/91, 4/6/99, 6/5/06

3750-30-25 Identification of hazardous chemicals.

(A) A chemical is a hazardous chemical if such chemical meets the definition under paragraph (U) of rule 3750-1-01 of the Administrative Code and falls into one of the five health categories listed below:

(1) "Immediate (acute) health hazard" including highly toxic, toxic, irritant, sensitizer, corrosive, as defined under Title 29 C.F.R. 1910.1200 and other hazardous chemicals that cause an adverse effect to target organ and which effect usually occurs rapidly as a result of short term exposure and is of short duration;

(2) "Delayed (chronic) health hazard" including carcinogens, as defined under Title 29 C.F.R. 1910.1200 and other hazardous chemicals that cause an adverse effect to a target organ and which effect generally occurs as a result of long term exposure and is of long duration;

(3) "Fire hazard" including flammable, combustible liquid, pyrophoric and oxidizer, as defined under Title 29 C.F.R. 1910.1200 ;

(4) "Sudden release of pressure" including explosive and compressed gas, as defined under Title 29 C.F.R. 1910.1200 ;

(5) "Reactive" including unstable reactive, organic peroxide, and water reactive, as defined under Title 29 C.F.R. 1910.1200 .

(B) A chemical is a hazardous chemical if such chemical is identified below and adopted by the commission pursuant to divisions (B)(4) and (C)(5) of section 3750.02 of the Revised Code.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(b)
Rule Amplifies: 3750.01(G)
Prior Effective Dates: 6/30/90

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) Reserved. On or after January 1, 2001 for gasoline and/or diesel fuel located at a retail gas station when one or more of the following conditions are met: Amounts of gasoline equal to or exceeding seventy-five thousand gallons (all grades combined); Amounts of diesel fuel equal to or exceeding one hundred thousand gallons (all combined grades); In tank (s) that were not entirely underground; Or 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 (UST) requirements (OAC 1301:7-9) State UST program approved by U.S. EPA. For the purposes of this rule, retail gas station means a retail facility engaged in selling gasoline and/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:

(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) Reserved. On or after January 1, 2001, covering gasoline and/or diesel fuel located at a retail gas station when one or more of the following conditions are met: Amounts of gasoline equal to or exceeding seventy-five thousand gallons (all combined grades); Amounts of diesel fuel equal to or exceeding one hundred thousand gallons (all grades combined); In tank (s) that were not entirely underground; Or 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 (UST requirements (OAC 1301:7-9/State UST program approved by U.S. EPA. For purposes of this rule, retail gas station means a retail facility engaged in selling gasoline and/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:

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

(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 .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 itself, the total quantity of the mixture shall be reported.

R.C. 119.032 review dates: 09/08/2010 and 09/08/2015
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1)(b)
Rule Amplifies: 3750.07 , 3750.08
Prior Effective Dates: 7/30/90