Ohio Administrative Code|Rule 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 (AA) of rule 3745-100-01 of the Administrative Code titled
		"Referenced materials."]
(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 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.