Current through all regulations passed and filed through December 16, 2024
[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) Except as provided in paragraphs (C), (D)
and (E) of this rule, and listed by the
administrator of USEPA under 40 CFR Part 372 .65 , a person shall notify
each person to whom the mixture or trade name product is sold or otherwise
distributed from the facility or establishment in accordance with paragraph (B)
of this rule if the person owns or operates a facility or establishment which
meets the following:
(1) Is in SIC codes 20 to
39 or a NAICS code that corresponds to SIC codes 20 to 39, as set forth in
paragraph (B) of rule
3745-100-17
of the Administrative Code.
(2)
Manufacturers (including imports) or processes a toxic chemical.
(3) Sells or otherwise distributes a mixture
or trade name product containing the toxic chemical to a facility described in
rule
3745-100-05
of the Administrative Code, or to a person who in turn may sell or otherwise
distribute such mixture or trade name product to a facility described in
paragraph (B) of rule
3745-100-05
of the Administrative Code.
(B) The notification required in paragraph
(A) of this rule shall be in writing and shall include the following:
(1) A statement that the mixture or trade
name product contains a toxic chemical subject to the reporting requirements of
Section 313 of Title III of the Superfund Amendments and Reauthorization Act of
1986 and 40 CFR Part 372.
(2) The
name of each toxic chemical, and the associated CAS number of each chemical, if
applicable, as listed by the
administrator of USEPA under 40 CFR Part 372.65 .
(3) The per cent by weight of each toxic
chemical in the mixture or trade name product.
(C) Notification under this rule shall be
provided as follows:
(1) For a mixture or
trade name product containing a toxic chemical as listed by the
administrator of USEPA under 40 CFR Part 372.65 with an effective date of
January 1, 1987, the person shall provide the written notice described in
paragraph (B) of this rule to each recipient of the mixture or trade name
product with a least the first shipment of each mixture or trade name product
to each recipient in each calendar year, beginning January 1, 1989.
(2) For a mixture or trade name product
containing a toxic chemical as listed by the
administrator of USEPA under 40 CFR Part 372.65 with an effective date of
January 1, 1989 or later, the person shall provide the written notice described
in paragraph (B) of this rule to each recipient of the mixture or trade name
product with at least the first shipment of the mixture or trade name product
to each recipient in each calendar year beginning with the applicable effective
date.
(3) If a person changes a
mixture or trade name product for which notification was previously provided
under paragraph (B) of this rule by adding a toxic chemical, removing a toxic
chemical, or changing the per cent by weight of a toxic chemical in the mixture
or trade name product, the person shall provide each recipient of the changed
mixture or trade name product a revised notification reflecting the change with
the first shipment of the changed mixture or trade name product to the
recipient.
(4) If a person
discovers that a mixture or trade name product previously sold or otherwise
distributed to another person during the calendar year of the discovery
contains one or more toxic chemicals and that any notification provided to such
other person in that calendar year for the mixture or trade name product either
did not properly identify any of the toxic chemicals or did not accurately
present the per cent by weight of any of the toxic chemicals in the mixture or
trade name product, the person shall provide a new notification to the
recipient within thirty days of the discovery which contains the information
described in paragraph (B) of this rule, and identifies the prior shipments of
the mixture or product in that calendar year to which the new notification
applies.
(5) If a "Material Safety
Data Sheet" is required to be prepared and distributed for the mixture or trade
name product in accordance with
29 CFR
1910.1200, the notification shall be attached
to or otherwise incorporated into such "Material Safety Data Sheet." When the
notification is attached to the "Material Safety Data Sheet," the notice shall
contain clear instructions that the notification must not be detached from the
"Material Safety Data Sheet" and that any copying and redistribution of the
"Material Safety Data Sheet" shall include copying and redistribution of the
notice attached to copies of the "Material Safety Data Sheet" subsequently
redistributed.
(D)
Notifications are not required in the following instances:
(1) If a mixture or trade name product
contains no toxic chemical in excess of the applicable de minimis concentration
as specified in paragraph (A) of rule
3745-100-08 of the
Administrative Code.
(2) If a
mixture or trade name product is one of the following:
(a) An "article" as defined in rule
3745-100-01 of the
Administrative Code.
(b) Foods,
drugs, cosmetics, alcoholic beverages, tobacco or tobacco products packaged for
distribution to the general public.
(c) Any consumer product, as the term is
defined in the Consumer Product Safety Act contained in
15 USC
2051 to
2084,
packaged for distribution to the general public.
(E) If the person considers the specific
identity of a toxic chemical in a mixture or trade name product to be a trade
secret under provisions of
29 CFR
1910.1200, the notice shall contain a generic
chemical name that is descriptive of that toxic chemical.
(F) If the person considers the specific per
cent by weight composition of a toxic chemical in the mixture or trade name
product to be a trade secret under applicable state law or under the
"Restatement of Torts," section 757, comment B, the notice shall contain a
statement that the chemical is present at a concentration that does not exceed
a specified upper-bound concentration value: for example, a mixture contains
twelve per cent of a toxic chemical. However, the supplier considers the
specific concentration of the toxic chemical in the product to be a trade
secret. The notice would indicate that the toxic chemical is present in the
mixture in a concentration of no more than fifteen per cent by weight. The
upper-bound value chosen shall be no larger than necessary to adequately
protect the trade secret.
(G) A
person is not subject to the requirements of this rule to the extent the person
does not know that the facility or establishment is selling or otherwise
distributing a toxic chemical to another person in a mixture or trade name
product. However, for purposes of this rule, a person has such knowledge if the
person receives a notice under this rule from a supplier of a mixture or trade
name product and the person in turn sells or otherwise distributes that mixture
or trade name product to another person.
(H) If two or more persons who do not have
any common corporate or business interest (including common ownership or
control), as described in paragraph (F) of rule
3745-100-08 of the
Administrative Code, operate separate establishments within a single facility,
each such person shall treat the establishment each person operates as a
facility for purposes of this rule. The determination under paragraph (A) of
this rule shall be made for those establishments.